Current through August 26, 2024
(1) GENERAL REQUIREMENTS.
(a) Materials and equipment that may be
hazardous to children, such as power tools, flammable or combustible materials,
insecticides, poisons, plastic bags, detergents, alcohol, tobacco products and
medications, shall be stored in areas not readily accessible to foster
children.
(b) The licensee shall
make every reasonable effort to identify and immediately correct any hazard to
the safety of foster children while the children are in the foster home, on the
premises or being transported.
(2) ELECTRICITY.
(a) Electrical systems and appliances shall
be in good repair and maintained in a manner designed to protect the safety of
foster children.
(b) A licensee
caring for a foster child who is under 7 years of age shall maintain protective
covers on all electrical outlets not in use.
(3) HOUSEHOLD PETS.
(a) Cats, dogs and other pets vulnerable to
rabies which are owned by any member of the household shall be vaccinated as
required under local ordinance and documentation of the vaccinations shall be
provided to the licensing agency.
(b) Household pets known to be vicious or
infected with any disease transmittable to humans may not be kept in the foster
home or elsewhere on the premises.
(4) TRANSPORTATION.
(a) Any licensee or other person acting on
behalf of the licensee who transports foster children for any purpose shall
possess a valid driver's license. The licensing agency may establish additional
requirements in this area by written policy, provided that the additional
requirements do not prevent a foster parent from using the reasonable and
prudent parent standard when making decisions concerning a child's
participation in age or developmentally appropriate extracurricular,
enrichment, cultural, and social activities under s. DCF 56.09 (2m).
Note: For example, agencies cannot prohibit all
youth from getting rides from peers or require that foster parents obtain prior
agency approval for every person transporting the child.
(b) No licensee or person acting on behalf of
a licensee may transport any foster child under the age of 8 years or less than
80 pounds in weight in any private motor vehicle unless the following
conditions are met, as required in s.
347.48(4),
Stats.:
1. Each child who is less than one
year old or who weighs less than 20 pounds being transported in a vehicle shall
be properly seated and restrained in a rear-facing individual child car safety
seat in the back seat of the vehicle.
2. Each child who is at least one year old
but less than 4 years old or who weighs at least 20 pounds but less than 40
pounds shall be properly restrained in a forward-facing individual child car
safety seat in the back seat of the vehicle.
3. Each child who is at least 4 years old but
less than 8 years old, who weighs at least 40 pounds but not more than 80
pounds, or who is 4 feet 9 inches tall or less, shall be properly restrained in
a shoulder-positioning child booster seat.
(c) Each child who is not required to be in
an individual child car safety seat or booster seat when being transported
shall be properly restrained by a seat belt, except as provided in s.
347.48(2m),
Stats., and ch. Trans 315.
(5) FIREARMS AND OTHER WEAPONS.
(a) Except as allowed under par. (d), no
loaded firearm may be kept in a foster home.
(b) No unloaded firearm or other dangerous
weapon may be kept in a foster home unless stored and locked in an area not
readily accessible to foster children. Ammunition materials and firearms shall
be stored in separate locked areas that are not readily accessible to foster
children.
Note: A firearm need not be locked in an area
not readily accessible to foster children if the firearm has been disassembled
in such a manner that it is not operable. Trigger locks alone do not meet the
above requirement but may be a supplemental safety measure in addition to the
firearm being stored and locked in an area not readily accessible to foster
children. A weapon cabinet with a glass front is not considered secure, even if
it can be locked.
(c) A
foster child may be permitted to use firearms or bows for hunting or target
practice only if all of the following conditions are met:
1. The child is at least 10 years of
age.
2. The foster parent applied
the reasonable and prudent parent standard and gave permission for the child to
participate in the activity.
3. The
child has successfully completed an approved hunter education and firearm
safety program under s.
29.304,
Stats.
4. The child is under the
supervision of a responsible adult at all times.
(d) If the foster parent is a sworn law
enforcement officer who is required to maintain a loaded weapon at all times,
the loaded weapon shall be stored and locked in an area not readily accessible
to foster children.
(6)
HAZARDOUS MACHINERY AND EQUIPMENT.
(a) No
foster child under 12 years of age may, unless otherwise permitted by statute,
operate any hazardous machinery or equipment.
(c)
1. No
foster child may operate any machinery or equipment that is beyond the child's
knowledge or mental or physical capability.
2. All hazardous machinery and equipment to
be used by a foster child shall be maintained in safe and proper
condition.
3. The foster child
shall be under the general and appropriate supervision of a responsible adult
when operating a hazardous machinery or piece of equipment.
4.
a. The
foster child shall be trained by the supervising adult on the safe and proper
use and operation of any hazardous machinery or equipment before actually
operating the hazardous machinery or equipment.
b. The agency may require attendance at
specific training that is applicable to an applicant's home environment, such
as farm safety and logging safety.
5. The foster child shall wear clothing and
safety gear appropriate to the operation of particular hazardous machinery or
equipment.
(7)
FIRE PROTECTION.
(a)
Smoke
detectors. A foster home shall have one or more single-station
battery-operated, electrically interconnected or radio signal-emitting smoke
detectors at each of the following locations in the home:
1. At the head of every open
stairway.
2. On each floor of the
home.
3. In each sleeping
room
.
Note: These smoke detector locations have been
determined by a combination of standards found in ch. 2-2.1.1.1 of National
Fire Protection Association (NFPA) standard 72 and s. SPS 321.09. The smoke
detector at the head of an open stairway may also serve as the smoke detector
for that floor of the home.
(b)
Smoke detector
maintenance. The licensee shall check the operating condition of each
smoke detector at least once a month and shall immediately repair or replace
any unit or part of a unit found to be inoperative. For a single-station
battery-operated smoke detector, the battery shall be replaced at least once
each year.
(c)
Fire
extinguisher. A fire extinguisher with a UL rating for A, B and C
burning materials shall be available in or near the kitchen of a foster home.
The foster parent shall know how to operate the fire extinguisher. Licensing
agencies may also require a fire extinguisher near the sleeping areas of the
home.
(8) FIRE SAFETY
EVACUATION PLAN.
(a) The licensee shall
develop a written plan for the immediate and safe evacuation of the foster home
in the event of a fire. The plan shall include the following:
1. The means to be used for emergency exiting
from all floor levels of the foster home.
2. The place away from the foster home at
which all evacuated members of the household will meet so that it can be
determined if all persons are out of danger.
3. The means by which foster children who are
not ambulatory will be assisted in evacuating the home.
(b)
1. The
licensee shall review the fire safety evacuation plan with all household
members at least once every 3 months and immediately following placement of a
new foster child in the licensee's home.
2. The fire safety evacuation plan shall be
posted in the home and its location made known to all household
members.
(c) At least
once every 2 years the licensing agency shall review the fire safety evacuation
plan with the licensee and the licensee shall revise the plan if the licensing
agency determines it is necessary.
(9) FIRE SAFETY INSPECTION. If required by
the licensing agency, a foster parent shall arrange for a fire safety
inspection by fire safety experts at any time there is cause for concern for
the safety of household residents because of conditions in the foster home or
elsewhere on the premises.
(9m)
CARBON MONOXIDE DETECTOR.
(a) Effective
February 1, 2011, a foster home in a one- or two-unit building shall have a
functional carbon monoxide detector installed in the basement and on each floor
level, except the attic, garage, or storage area of each unit, in accordance
with the requirements of s.
101.647,
Stats.
Note: A one-unit building is a single family
residence. A two-unit building is a duplex or two-flat.
(b) A foster home in a building with at least
3 units shall have one or more functional carbon monoxide detectors installed
in accordance with the requirements of s.
101.149,
Stats.
(10) REPORTING
FIRES. The licensee shall report by no later than the end of the next working
day to the licensing agency any fire in the foster home or elsewhere on the
premises that requires the assistance of the fire department.
(10m) DISASTER PLAN. Each licensed foster
home shall file a disaster plan with the licensing agency that would allow the
licensing agency to identify, locate, and ensure continuity of services to
children under the placement and care responsibility or supervision of an
agency who are displaced or adversely affected by a disaster. Disaster plans
shall include all of the following information:
(a) Where a family, provider, or child would
go in an evacuation, including one location in the nearby area and one location
out of the area.
(b) Phone numbers,
electronic mail addresses, and other contact information for the foster
parent.
(c) Contact information for
a relative or friend out of the area who will know where the family is
located.
(d) A list of items that
the licensee will take if evacuated, including any medication and medical
equipment for the child.
(e) A
phone number the licensee will call to check in with the licensing agency or
caseworker.
(11) SAFETY
OF INFANTS AND CHILDREN WITH DISABILITIES.
(a)
A licensing agency may impose additional safety conditions upon a licensee if
the licensee cares for a child under one year of age or a child with mental or
physical disabilities when the age, impaired judgment, or mobility of the child
creates additional safety risks.
(b) A licensing agency may require
modifications to a foster home or other accommodations necessary to meet
specific requirements identified by the child's team or treatment team. These
modifications may include any of the following:
1. Supplemental electrical service to the
home.
2. Electrical back-up systems
that will provide a reliable level of power in the event of an electrical
system failure.
3. Adequate
mechanisms for the safe and legal storage and disposal of medical
supplies.
4. Minimum and maximum
standards for heating and cooling temperatures within the home.
5. Structural or cosmetic changes to allow
the child access into and throughout the home.
6. Mechanisms for ensuring that hot water
temperatures from bathtub, sink, shower, and other bathroom fixtures do not
exceed a maximum safe temperature of 110 degrees Fahrenheit.
7. Mechanisms for measuring and achieving
established air purity standards in the home.
8. Other modifications to accommodate needs
identified by the child's team or treatment team.
(c) Any additional conditions imposed under
par. (a) or (b) shall be in writing and reviewed jointly by the licensing
agency and licensee before taking effect.
(d) The licensing agency and licensee shall
review the conditions under par. (a) or (b) for possible revision at least
annually.
Note: A licensing agency may use an exceptional
payment under s. DCF 56.23 (3) to pay for any necessary adjustments to the
foster home to meet the special needs of a foster child.
(12) STAIRWAYS. Each stairway
shall have a handrail.
