Wisconsin Administrative Code

DCF 54.05 Indian children. (1) DETERMINATION THAT If an agency has obtained information at intake or through other means that the child or at least one of the child[s biological parents is or may be of American Indian descent, the child[s case manager shall: (a) Carry out and doc…

DCF 54.06 Records, inspections, and reports. (1) GENERAL REQUIREMENTS. Each agency shall maintain records and submit reports prescribed by the department. Authorized representatives of the department shall have access to all records pertinent to licensing and to specific adoption…

DCF 54.065 Department memos. A licensee shall register to receive department memos on child welfare licensing and the chapter was last published. DCF 54.065 WISCONSIN ADMINISTRATIVE CODE child welfare policy by electronic mail. A licensee shall submit a new registration if the li…

DCF 54.07 Rate determination. (1) The department shall determine the maximum per client administrative rate that each child-placing agency may charge for the administrative portion of its services for foster homes with a Level 3 or 4 certification based on the following: (a) A ma…

DCF 54.08 Allowable costs. In determining rates under this subchapter, the department may consider costs incurred for any purpose that is allowable under all of the following: (1) Applicable federal regulations, including 2 CFR Part 200, 45 CFR Part 75, and 48 CFR Part 31, except…

DCF 54.09 Rate methodology. (1) COST AND SERVICE INFORMATION. Each year by July 1, a licensee shall submit the following information to the department: (a) A cost and service report in which the licensee reports the child-placing agency[s costs, types of services provided, and nu…

DCF 54.10 Rate resolution. (1) MEDIATION. (a) If a licensee has negotiated with the department under s. DCF 54.09 (5) (c) and does not agree to the department[s approved rate under s. DCF 54.09 (5) (a), the licensee may request that the department and the licensee engage in media…

DCF 54.11 Extraordinary payments. (1) A licensee may request that a Wisconsin public purchaser pay an extraordi- DCF 54.12 nary payment in addition to the rate established under ss. DCF 54.07 to 54.10 for a specific child in care. (2) A licensee may request and a Wisconsin public…

DCF 54.12 Advisory committee. The department shall convene the rate regulation advisory committee under s. 49.343 (5), Stats., at regular intervals to consult with the department on items in s. 49.343 (5) (a) to (c), Stats. History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: c…

DCF 55.01 Authority and purpose. This chapter specifies procedures for agencies to provide subsidized guardianship payments under s. 48.623, Stats., or a subsidized guardianship agreement entered into under s. 48.62 (5), 2009 Stats., to support legal permanence for care of childr…

DCF 55.02 Definitions. In this chapter: (1g) XAdoptionY includes customary adoption, where applicable, according to tribal law or custom. (1r) XAgencyY means a county department of social services under s. 46.22, Stats.; a county department of human services under s. 46.23, Stats…

DCF 55.03 Eligibility. (1) CHILD AND GUARDIAN. An agency shall provide monthly subsidized guardianship payments to a guardian of a child under s. 48.977 (2), Stats., or under a tribal court order that is substantially similar to an order under s. 48.977, Stats., and an agreement …

DCF 55.04 Procedure to inform prospective guardians. (1) An agency shall explain to each foster parent who is a relative of or fictive kin to a foster child for whom the foster parent is providing care and maintenance the foster parent[s eligibility for services and the expectati…

DCF 55.05 Eligibility determination and documentation. (1) For a child whose permanency goal will include placement with a guardian and the receipt of subsidized guardianship payments, an agency shall provide a description of all of the following on a form prescribed by the depar…

DCF 55.06 Subsidized guardianship agreement. (1) An agency shall enter into a written, signed subsidized guardianship agreement with a prospective guardian before guardianship is established under s. 48.977, Stats., or under a tribal court order that is substantially similar to a…

DCF 55.07 Amount of monthly payment. (1) AMOUNT IN AGREEMENT. The amount of a subsidized guardianship payment shall be the amount in the initial subsidized guardianship agreement under s. DCF 55.06 or as adjusted by an amendment to the subsidized guardianship agreement signed by …

DCF 55.08 Amendment to adjust payment amount. (1) SUBSTANTIAL CHANGE IN CIRCUMSTANCES. In this section, Xsubstantial change in circumstancesY means that a documented change has occurred regarding the child in one or more areas of identified needs, including physical, behavioral, …

DCF 55.09 Supplemental payments under subsidized guardianship agreements entered into before July 1, 2011. (1) APPLICABILITY. This section applies to supplemental payments provided under subsidized guardianship agreements entered into before July 1, 2011, under s. 48.62 (5), 2009…

DCF 55.10 Review of eligibility for subsidized guardianship payments. (1) CHANGES THAT MAY AFFECT ELIGIBILITY. To review a guardian and child[s continued eligibility for monthly subsidized guardianship payments, an agency shall determine whether any of the following changes have …

DCF 55.11 Appeals. (1) (a) A person may petition the division of hearings and appeals under sub. (2) for a review of any of the following agency actions or failures to act: 1. The agency did not act promptly on a person[s request for a determination of eligibility for subsidized …

DCF 55.12 Interim caretaker. (1) ELIGIBILITY. Upon the death or incapacity of a guardian or upon the termination of a guardianship under s. 48.977 (7), Stats., or under a tribal court order that is substantially similar to an order under s. 48.977, Stats., and an agreement specif…

DCF 55.125 Successor guardian. (1) ELIGIBILITY. Upon the death or incapacity of a guardian who was receiving subsidized guardianship payments under s. 48.623, Stats., and this chapter, the agency shall determine the eligibility of a person named as a prospective successor guardia…

DCF 55.13 Background check of interim caretaker or prospective successor guardian and nonclient residents. (1g) TRIBAL AGENCY. A background investigation under s. DCF 55.12 (1) (a) or 55.125 (1) (c) that is conducted by a tribal child welfare agency may be conducted under s. 48.6…

DCF 56.01 Authority and purpose. (1) This chapter is promulgated under the authority of ss. 48.62, 48.64 (4), and 48.67, Stats., to establish licensing requirements for foster homes and foster parents directed at protecting the health and safety and promoting the welfare of child…

DCF 56.03 Definitions. In this chapter: (1b) “Advanced practice nurse prescriber” has the meaning given in s. 50.01 (1b), Stats. (1d) “Age or developmentally appropriate activities” means activities that are generally accepted as suitable for children of a given chronological age…

DCF 56.04 Applying for a license. (1) WHO MUST APAny person proposing to provide foster care for a foster child shall apply to a licensing agency for a license to operate a PLY. DCF 56.04 foster home. Each household member who will act in the role of foster parent shall be an app…

DCF 56.05 Foster parent qualifications. (1) General background. (a) A foster parent shall be fit and qualified, exercise sound judgment, display the capacity to successfully nurture a foster child, not abuse alcohol or drugs, and not have a criminal conviction, pending criminal c…

DCF 56.055 Background checks. (1) PROVIDE INFORMATION. (a) Before a foster home license is issued or renewed, the applicant and any nonclient resident in the home shall each do all of the following: 1. Complete and submit to the licensing agency the department’s background inform…

DCF 56.06 Notification requirements. (1) PHONE NUMBER. A foster parent shall notify the licensing agency and, if not the same, the supervising agency no later than the end of the next working day after the foster parent’s phone number is changed. (2) SERIOUS INCIDENTS INVOLVING A…

DCF 56.07 Physical environment. (1) GENERAL. (a) A foster home may be a house, apartment, mobile home, or other housing unit used as a residence by a person or family. (b) A foster parent shall maintain the foster home in a safe and sanitary condition that does not endanger the p…

DCF 56.072 Emergency preparedness. (1) SMOKE A foster parent shall have at least one functional smoke detector on each level of the foster home and at least one near each sleeping area. (2) FIRE EXTINGUISHER. A foster parent shall have at least one operable fire extinguisher in t…

DCF 56.074 Foster child’s additional needs. (1) FOSTER HOME ACCOMMODATIONS. (a) A licensing agency may require modifications to a foster home or other accommodations necessary to meet specific requirements identified by a foster child’s team or treatment team. (b) If necessary fo…

DCF 56.076 Firearms and other dangerous weapons. (1) DEFINITION. In this section, “dangerous weapon” means any firearm, any electric device designed to immobilize or incapacitate persons by the use of electric current, any spray device designed to immobilize or incapacitate perso…

DCF 56.078 Transportation. (1) A foster parent or other person acting on behalf of the foster parent who transports a foster child for any purpose shall possess a valid driver’s license and vehicle liability insurance. (2) A foster parent shall provide a foster child’s transporta…

DCF 56.085 Capacity. (1) TOTAL NUMBER OF PERSONS RECEIVING CARE. The number of persons receiving care in a foster home, including the combined total of foster children, children of the foster parent who are minors or less than 19 years of age and in high school, children receivin…

DCF 56.09 Care of a foster child. (1) GENERAL. A foster parent shall provide care that meets the following conditions: (a) Is respectful toward the cultural beliefs, attitudes, and behaviors of a foster child and their family. (e) Does not discriminate against the child because o…

DCF 56.10 Hearings. (1) TYPES OF APPEALS. An applicant or foster parent may request a hearing under ch. 227, Stats., to appeal any of the following decisions by a licensing agency: (a) The denial of an application for an initial license, license renewal, or license modification. …

DCF 56.12 Information for foster parents. Prior to or at the time of issuing an initial or subsequent license to operate a foster home, the licensing agency shall provide each foster parent with all of the following: (1) FOSTER PARENT HANDBOOK. A foster parent handbook prescribed…

DCF 56.13 Foster home level of care certification for Levels 1 to 4. (2) Certification. A licensing agency shall certify each foster home for a level of care under subs. (3) to (6) commensurate with the foster parent’s knowledge, training, skills, experience, and relationship to …

DCF 56.135 Level 5 foster homes. (1) DEVELOPMENT. (a) Need for Level 5. A licensing, placing, or supervising agency may consider developing a Level 5 foster home if the following circumstances exist: 1. A placement is needed for a child with all of the following conditions: a. Th…

DCF 56.14 Foster parent training. (3) Qualifications of trainers. Persons preparing or presenting materials for foster parent training shall have expertise in the subject matter as evidenced by prior experience or education, an ability to communicate their knowledge, and demonstr…

DCF 56.15 Supervising or placing agency. (1) AGENCY RESPONSIBILITIES. A supervising agency or placing agency shall do, or contract for, all of the following: (a) Ensure that every foster child in their care is assigned a supervising agency or placing agency child welfare professi…

DCF 56.16 Licensing agency responsibilities. (1) A licensing agency shall do all of the following: (a) Assess and screen families who are interested in becoming foster parents. (b) Comply with the licensing process in s. DCF 56.04, including the use of all components of a standar…

DCF 56.17 Child’s treatment team for Levels 3 to 5. (1) MEMBERSHIP. (a) A foster child with a level of need of 3 or higher who is placed in a foster home with a Level 3 to 5 certification shall have a treatment team that consists of the foster child; the foster child’s parent, gu…

DCF 56.185 Agency contact with foster parent and foster child. (1) CONTACT REQUIREMENTS. (a) Level of care 1 or 2. If a foster child is placed in a Level 1 or 2 foster home, the licensing agency, supervising agency, or placing agency shall have contact with the foster parent and …

DCF 56.21 Respite care for foster parents. (1) APPLICABILITY. This section applies to care of a foster child in any of the following circumstances: (a) Services arranged in advance by the licensing agency or supervising agency and foster parent to provide care of a foster child d…

DCF 56.22 Assessment of needs and strengths. (1) RESPONSIBILITY FOR ASSESSMENT. (a) A placing agency shall use a standardized assessment tool prescribed by the department to assess the needs and strengths of a foster child placed or to be placed into a foster home and the needs o…