Wisconsin Administrative Code
Department of Children and Families
DCF 021-99 - Safety and Permanence
Chapter DCF 56 - Foster Home Care For Children
Section DCF 56.13 - Foster home level of care certification
Universal Citation: WI Admin Code ยง DCF 56.13
Current through August 26, 2024
(1) CHILD SPECIFIC LICENSE.
(a) In this section, "child-specific
license" means a license to operate a foster home that is issued to a relative
of a child or an individual who has a previous existing relationship with the
child or the child's family.
(b) A
child-specific license may remain valid with any granted waivers or exceptions
for the duration of the licensing period or up to 6 months after the child
returns home or is placed elsewhere, whichever occurs first.
(c) A foster home operated by a foster parent
with a child-specific license may be certified at any level of
care.
(2) CERTIFICATION. A licensing agency shall certify each foster home for a level of care under subs. (3) to (7) commensurate with the foster parent's knowledge, training, skills, experience, and relationship to the child in accordance with the licensing agency's programming and capacity.
(3) LEVEL 1 CHILD-SPECIFIC FOSTER HOME.
(a)
Child-specific license.
A licensing agency may grant a Level 1 certification only to a foster home
operated by a foster parent with a child-specific license.
(b)
Training. Each foster
parent who operates a Level 1 foster home shall complete a minimum of 6 hours
of pre-placement training under s. DCF 56.14 (6) before or after the placement
of a child but no later than 6 months after the date of initial licensure.
Note: A foster parent with a child-specific license often does not actually receive this training before placement of the child but it is still referred to as "pre-placement training."
(4) LEVEL 2 BASIC FOSTER HOME.
(a)
Training.
1.
a. Each
foster parent who operates a Level 2 foster home shall complete a minimum of 6
hours of pre-placement training under s. DCF 56.14 (6) before or after initial
licensure but prior to the placement of any child in the home.
b. Notwithstanding subd. 1. a., each foster
parent with a child-specific license who operates a Level 2 foster home shall
complete the pre-placement training under s. DCF 56.14 (6) before or after the
placement of a child but no later than 6 months after the date of initial
licensure.
Note: A foster parent with a child-specific license often does not actually receive this training before placement of the child but it is still referred to as "pre-placement training."
2. Each foster parent
who operates a Level 2 foster home shall complete a minimum of 30 hours of
initial licensing training under s. DCF 56.14 (7) during the initial licensing
period.
3. Each foster parent who
operates a Level 2 foster home shall complete 10 hours of ongoing training
under s. DCF 56.14 (8) in each 12-month period of licensure subsequent to the
initial licensing period.
(b)
References. An applicant
for certification to operate a Level 2 foster home shall submit at least 3
favorable reference letters written by persons unrelated to the applicant. A
reference letter shall include a statement indicating how long the person
giving the reference has known the applicant, under what circumstances the
person knows the applicant, and the person's knowledge of the applicant's
characteristics under s. DCF 56.05 (1) (b).
(5) LEVEL 3 MODERATE TREATMENT FOSTER HOME.
(a)
Licensee experience.
1. An applicant for certification to operate
a Level 3 foster home shall have at least 3 of the following:
a. A minimum of one year of experience as a
foster parent or kinship care provider with a child placed in the applicant's
home for at least one year.
b. A
minimum 5 years of experience working with or parenting children.
c. A minimum of 500 hours of experience as a
respite care provider for children under the supervision of a human services
agency.
d. A high school diploma or
the equivalent.
e. A college,
vocational, technical, or advanced degree in the area of a child's treatment
needs, such as nursing, medicine, social work, or psychology.
f. A substantial relationship with the child
to be placed through previous professional or personal experience.
g. Work or personal experience for which the
applicant has demonstrated the knowledge, skill, ability, and motivation to
meet the needs of a child with a level of need of 3.
2. If an applicant for certification to
operate a Level 3 foster home relies on experience that meets the requirements
in subd. 1. b. or f. as one of the 3 required criteria in this paragraph, the
applicant shall also meet one of the criteria in subd. 1. a., c., e., or g.
(b)
Training.
1. Each foster
parent who operates a Level 3 foster home shall complete a minimum of 36 hours
of pre-placement training under s. DCF 56.14 (6d) before or after initial
licensure but prior to the placement of any child in the home.
2. Each foster parent who operates a Level 3
foster home shall complete a minimum of 24 hours of initial licensing training
under s. DCF 56.14 (7e) during the initial licensing period.
3. Each foster parent who operates a Level 3
foster home shall complete 18 hours of ongoing training under s. DCF 56.14 (8)
in each 12-month period of licensure subsequent to the initial licensing
period.
(c)
References. An applicant for certification to operate a Level
3 foster home shall submit at least 4 favorable reference letters, as follows:
1. `From whom.'
a. Three of the letters shall be written by
persons unrelated to the applicant. At least one of these reference letters
shall be regarding the applicant's qualifications under par. (a) 1., excluding
par. (a) 1. d.
b. The fourth
favorable reference letter shall be from a relative, preferably from an adult
child if applicable.
2.
`Content.' Each reference letter shall include a statement indicating all of
the following:
a. How long the person giving
the reference has known the applicant.
b. Under what circumstances the person knows
the applicant.
c. The person's
knowledge of the applicant's qualifications and characteristics under s. DCF 56.05 (1) (b).
(6) LEVEL 4 SPECIALIZED TREATMENT FOSTER HOME.
(a)
Licensee
experience.
1. An applicant for
certification to operate a Level 4 foster home shall have at least 4 of the
following:
a. A minimum of one year of
experience with children with a level of need of 3 as a foster parent or
kinship care provider with a child placed in the applicant's home for at least
one year.
b. A minimum of 5 years
of experience working with or parenting children.
c. A minimum of 500 hours of experience as a
respite care provider for children under the supervision of a human services
agency.
d. A high school diploma or
the equivalent.
e. A college,
vocational, technical, or advanced degree in the area of a child's treatment
needs, such as nursing, medicine, social work, or psychology.
f. A substantial relationship with the child
to be placed through previous professional or personal experience.
g. Work or personal experience for which the
applicant has demonstrated the knowledge, skill, ability, and motivation to
meet the needs of children with a level of need of 4.
2. If an applicant for certification to
operate a Level 4 foster home relies on experience that meets the requirements
in subd. 1. b. or f. as one of the 4 required criteria in this paragraph, the
applicant shall also meet one of the criteria in subd. 1. a., c., e., or g.
(b)
Training.
1. Each foster
parent who operates a Level 4 foster home shall complete a minimum of 40 hours
of pre-placement training under s. DCF 56.14 (6h) before or after initial
licensure but prior to the placement of any child in the home.
2. Each foster parent who operates a Level 4
foster home shall complete a minimum of 30 hours of initial licensing training
under s. DCF 56.14 (7e) during the initial licensing period.
3. Each foster parent who operates a Level 4
foster home shall complete 24 hours of ongoing training under s. DCF 56.14 (8)
in each 12-month period of licensure subsequent to the initial licensing
period.
(c)
References. An applicant for certification to operate a Level
4 foster home shall submit at least 4 favorable reference letters as follows:
1. `From whom.'
a. Three of the letters shall be written by
persons unrelated to the applicant. At least one of these reference letters
shall be regarding the applicant's qualifications under par. (a) 1., excluding
par. (a) 1. d.
b. The fourth
favorable reference letter shall be from a relative, preferably from an adult
child if applicable.
2.
`Content.' Each reference letter shall include a statement indicating all of
the following:
a. How long the person giving
the reference has known the applicant.
b. Under what circumstances the person knows
the applicant.
c. His or her
knowledge of the applicant's qualifications and characteristics under s. DCF 56.05 (1) (b).
(7) LEVEL 5 EXCEPTIONAL TREATMENT FOSTER HOME.
(a)
Need for Level 5.
An applicant for certification to operate a Level 5 foster home, in conjunction
with a licensing agency, may apply to the department exceptions panel if all of
the following circumstances exist:
1. A
placement is needed for a child with the following conditions:
a. The child has behaviors or conditions that
require a high degree of supervision and overnight awake care that is provided
by program staff who rotate shifts within a 24-hour period.
b. The child will benefit from a home-like
environment that has fewer children than a group home or residential care
center for children and youth.
c.
The child is expected to need long-term care or has needs agreed to by the
department.
2. All other
community placement options have been investigated and determined to be
unavailable or not in the best interest of the child.
Note: A foster home with a Level 4 or lower certification level and additional staff that provide less than 50% of a child's care should be considered as the first option when the child needs additional treatment or services.
(b)
Clarify specific and limited
circumstances before submitting an application. Prior to submitting an
application to operate a Level 5 foster home, a licensing agency shall inform
the department exceptions panel chairperson of the agency's intent, discuss the
agency's plans, and clarify department requirements for certification of a
Level 5 foster home.
(c)
Application. An application for certification to operate a
Level 5 foster home shall be on a form prescribed by the department and shall
include all of the following:
1. A program
description, information on personnel, and information on a specific child or
the population to be served.
2. If
for a specific child, letters on the appropriateness of a Level 5 foster home
for the child from parents, therapists, social workers, physicians, and other
professionals who are currently working with the child.
Note: An application for certification of a Level 5 foster home, DCF-F-2559-E-E, can be found on the department website at https://dcf.wisconsin.gov/cwportal/fc/forms.
(d)
Level 5 is the only shift-staffed
foster home. A foster parent may do any of the following only if the
foster home has a Level 5 certification:
1.
Live in a residence that is not the foster home.
2. Provide less than 50 percent of a child's
care.
(e)
Program
manager.
1. `Responsibilities.' A
licensing agency shall ensure that each Level 5 foster home has a program
manager who is the foster parent and licensee for the Level 5 foster home. In
conjunction with the program manager, a licensing, placing, or supervising
agency shall oversee program operation and development of a Level 5 foster home
and do all of the following:
a. Review the
appropriateness of admission of each child to the Level 5 foster home with the
licensing agency.
b. Participate in
developing, reviewing, and updating child assessments and treatment
plans.
c. Provide technical
assistance to program staff and the licensing, placing, and supervisory
agencies, including supervision, support, consultation, coaching, staff
development, and staff monitoring.
d. Periodically review and update the Level 5
foster home policies and procedures.
e. Oversee the day-to-day operations of the
Level 5 foster home, including hiring, training, and evaluating program
staff.
f. Participate in the child
treatment team as the foster parent.
g. Ensure that the program staff are
promoting normalcy for each child placed in the home by applying 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).
h. Ensure that program staff have access to
the information needed to make decisions concerning a child's participation in
age or developmentally appropriate extracurricular, enrichment, cultural, and
social activities under s. DCF 56.09 (2m).
3. `Management skills.' An applicant to be a
program manager of a Level 5 foster home shall have either of the following:
a. Previous employment as a manager or
supervisor.
b. A professional
development plan to develop management and supervisory skills.
4. `Education or experience in
human services.' An applicant for a program manager position for a Level 5
foster home shall have at least one of the following:
a. A 4-year college degree from an accredited
college or university with a major in social work; sociology; special
education; psychology; counseling and guidance; criminal justice; nursing,
certified nursing assistant, or other health related field; education; or any
other area in a human services field as approved by the department.
b. Two years of supervised full-time work
experience in an out-of-home care program or assisted living program with
adults.
c. Personal experience with
a family member who has needs similar to the population to be served.
5. `Pre-placement training.' A
program manager for a Level 5 foster home shall complete a minimum of 40 hours
of pre-placement training under s. DCF 56.14 (6p) before or after initial
licensure but prior to the placement of any child in the home.
6. `Initial licensing training.' A program
manager for a Level 5 foster home shall complete a minimum of 30 hours of
initial licensing training under s. DCF 56.14 (7s) during the initial licensing
period.
7. `Ongoing training.' A
program manager for a Level 5 foster home shall complete a minimum of 24 hours
of ongoing training under s. DCF 56.14 (8) in each 12-month period of licensure
subsequent to the initial licensing period.
(f)
Program staff.
1. `Staff ratios.' A Level 5 foster home
shall have program staff in sufficient numbers to meet the following staff
ratios:
a. One program staff person for every
2 children during waking hours.
b.
One program staff person for every 4 children during sleeping hours.
2. `Ratios are minimum.' A
licensing, placing, or supervising agency or the department may require the
number of program staff on duty to be higher than the minimum requirements in
subd. 1. as necessary to meet the needs of the children placed and to ensure
their safety and welfare.
3.
`Responsibilities.' Program staff shall be responsible for daily supervision of
the children and direct care to the children to ensure their safety and
well-being, including promoting normalcy under s. DCF 56.09 (2m).
4. `Qualifications.' An applicant for a
program staff position shall have at least one of the following qualifications:
a. A bachelor or associates degree from an
accredited college or university with a major in a field specified in par. (e)
4. a.
b. Current enrollment in and
regularly attending an accredited college or university with a major in a field
specified in par. (e) 4. a.
c. At
least one year of full-time experience working in a formal program with the
type of child population served by the Level 5 foster home where the applicant
is applying for employment.
d.
Certification as a child and youth care worker under the standards of the
Wisconsin Association of Child and Youth Care Professionals or other
department-recognized certifying authority.
Note: A copy of the standards of the Wisconsin Association of Child and Youth Care Professionals can be obtained from the www.wacycp.org or 161 W. Wisconsin Avenue, Milwaukee, WI 53202; telephone (414) 227-3130.
e. Completion of a traineeship program in
which program staff work with qualified, experienced program staff for at least
the first 120 hours of employment before working independently with a child.
Note: This is an additional 40 hours to the 80 hours required under s. DCF 56.13 (7) (f) 10. b.
5. `Age.' A program staff person who is hired
or contracted for on or after January 1, 2011, shall be at least 21 years
old.
6. `Hiring and employment.'
Before an applicant for a program staff position in a Level 5 foster home
begins employment, the program manager shall do all of the following regarding
the applicant:
a. Conduct and document a
background check pursuant to s.
48.685,
Stats., and ch. DCF 12.
b. Make a
determination that the applicant has the capacity to successfully nurture and
care for children and does not have a history of a civil action, criminal
conviction, or administrative rule violation that substantially relates to the
care of a child or a history of exercising unsound judgment or abuse of alcohol
or drugs.
Note: For help in determining whether a civil action, criminal conviction, or administrative rule violation is substantially related to the care of children, consult s. DCF 12.06.
c. Make a determination that the applicant
has not had a license to operate a foster home, group home, or residential care
center for children and youth revoked or denied within the last 2
years.
d. Obtain favorable
references from at least 3 non-relatives, with documentation by letter or by
notes of a verbal contact. Documentation shall include how long the person
giving the reference has known the applicant, under what circumstances the
person knows the applicant, and the person's knowledge of the applicant's
qualifications.
7.
`Health exam.' Upon hire and before working with residents, a program manager
shall require each program staff person to have a tuberculosis test and provide
a statement from a physician, physician assistant, or a HealthCheck provider
that the program staff person meets the minimum physical requirements of the
position, is in general good health, and does not have a communicable disease.
The statement shall be based on a medical examination performed within the
previous 6 months.
Note: A HealthCheck form may be obtained by contacting the local public health department.
8. `Health concerns.' If a licensing agency
or the department has reason to believe that the physical or mental health of a
program staff person for a Level 5 foster home may pose a threat of harm to
children or to the quality and manner of their care or that the program staff
person is not able to provide responsible care for children, the licensing
agency or the department may require that the program staff person submit a
written statement from a physician or, if appropriate, a licensed mental health
professional on the physical or mental condition of the program staff person
and the possible effect of that condition on the foster home or the children in
care.
9. `Background check.' A
program manager of a Level 5 foster home shall require each program staff
person to complete a background information disclosure form designated by the
department and shall conduct a background check under s.
48.685,
Stats., and ch. DCF 12 every 4 years or at any time within that
period.
10. `Training and
orientation.' Each program staff person who provides care for a child in a
Level 5 foster home shall do all of the following before working independently
with a child:
a. Complete a minimum 40 hours
of pre-placement training under s. DCF 56.14 (6t).
b. Work with qualified, experienced program
staff or similar professionals for at least the first 80 hours of
employment.
11. `Ongoing
training.' Each program staff person who provides care for a child in a Level 5
foster home shall complete a minimum of 24 hours of ongoing training under s.
DCF 56.14 (8) in each year of employment subsequent to the initial year of
employment.
(g)
Volunteers. Each volunteer used by a Level 5 foster home shall
be supervised by a program staff person and may not work independently with a
child. Before a volunteer may begin performing activities, the program manager
shall do all of the following:
1. Notify the
licensing agency.
2. Orient the
volunteer to the activities that the volunteer may perform as specified in the
foster home's personnel policies and procedures.
3. Get permission from the child's parent or
guardian to allow the volunteer to perform the activities.
4. Require each volunteer to maintain in
confidence all information about the foster child and the child's
family.
(h)
Placements into a Level 5 foster home.
1. `Last community option.' A licensing
agency and program manger shall only consider placing a child into a Level 5
foster home as the last community placement option when all other community
placement options have been investigated and deemed to be unavailable or not in
the best interest of the child and the child benefits from a more home-like
environment with fewer children than that provided in a group home or
residential care center for children and youth.
2. `Compatibility with other children.'
Before a new child is placed in a Level 5 foster home, a licensing agency and
the program manager shall evaluate the compatibility of this child with the
children currently placed in the home. The placement of a child in a Level 5
foster home may not displace or endanger the health, safety, or well-being of
any child currently placed in the foster home.
3. `Coordinate transitions.' A licensing
agency and the program manager of a Level 5 foster home shall carefully plan
and coordinate transitions into and out of a Level 5 foster home with special
consideration to the school the child will attend, medical and mental health
providers, community-based services, and disabled adult long-term support
program services.
4.
`Medically-fragile child.' A licensing agency and the program manager shall
ensure that the treatment plan for a medically-fragile child who is placed in a
Level 5 foster home includes emergency medical protocols.
5. `Waiver funding.' A licensing agency and
the program manager shall notify the department of health services if there is
or will be an application submitted to support a child's placement in a Level 5
foster home with funding under the disabled children's long-term support
program as defined in s.
46.011(1g),
Stats.
Note: Under s. 46.011(1g), Stats., the "disabled children's long-term support program" means the programs described under 2001 Wisconsin Act 16, section 9123 (16rs) or 2003 Wisconsin Act 33, section 9124 (8c).
(m)
Respite care. A Level 5
foster home may only provide respite care to a child who was previously placed
in the home, a child specifically identified and approved by the department on
a planned basis, or a child who has needs agreed to by the
department.
(n)
Interagency
memorandum of understanding. If a requirement in this chapter is not
designated as the responsibility of a licensing agency, placing agency, or
supervising agency, all agencies involved in providing care and maintenance,
supervision, or services for a child placed in a Level 5 foster home shall
enter a memorandum of understanding to determine responsibility for all
requirements for which responsibility is not designated.
(8) LEVEL 3 TO 5 FOSTER CARE. The foster care provided for a child with a level of need of 3 or higher in a foster home with a certification of Level 3 to 5 shall do all of the following:
(a) Use a family-based and community-based
approach to treatment for a child with physical, mental, medical, substance
abuse, cognitive, intellectual, behavioral, developmental, or similar
problems.
(b) Make efforts to
change the behavior or ameliorate the condition that, in whole or in part,
resulted in the child's separation from the child's family.
(c) Use specially selected and specifically
trained foster parents who are the primary change agents in the treatment
process and who have shared responsibility for implementing the child's
treatment plan with other treatment team members.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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