State of Wisconsin
Department of Children and Families
Information to
Be Provided to
Physical Custodians
of
Children in Out-of-Home Care
DCF
37
The Wisconsin Department of Children and Families proposes to
repeal
and recreate ch.
DCF 3
7
,
and to repeal ch.
DCF 37
Appendices A and B,
relating to
information to
be provided to
physical custodians of children in out-of-home care
.
Analysis Prepared by the Department of Children and Families
Related statute or rule:
Section
48.371
,
Stats.
Explanation of Agency Authority
Section
895.485 (4)
, Stats., provides that the department shall promulgate rules specifying
the kind of
information that a
n agency
that places a child
in
a foster
home
or family-operated group home
shall di
sclose to the
foster
parent
or
family-operated group home
operator
that relates to a medical, physical, mental, or emotional condition of the child.
Section
48.67 (intro.)
, Stats., provides that the department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies,
child
care centers, foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees.
Summary of the Proposed Rule
The current ch.
DCF 37
, Information to be
Provided
to Foster Parents,
requires placing agencies to use the forms in Appendices A and B to provide information to
a
foster parent
or operator of a family-operated group home
about a child who may be placed or has been placed in the foster home
or the family-
operated group home
. The current rule and forms have not been updated since the rule became effective in 1995.
Among other
reasons
,
the forms
need to be
revised
to respond
to
the
finding by the
A
dministration for Children and Families
that
the
Wisconsin
child welfare system
needs to
do
all of the following:
•
Improve
the
assessment of a child’s needs and p
rovide
that
information to caregivers providing services to the child.
•
Provide
consistent information to all out-of-home care providers.
•
E
stablish
plans for caregivers to follow
to manage challenging behaviors by the child.
The
revised forms will incorporate
basic information and language from
the Child and Adolescent Needs and Strengths (CANS)
assessment
tool that was implemented in 2011 and will be organized in a more logical manner
for communicating the child’s needs.
Also,
u
nder the proposed rules, t
he placing agency will be required to use the forms when a child is placed with any p
hysical custodian
, including
a foster parent; the operator of a group home; the operator of a residential care center for children and youth; a person who is not a relative with whom the child is placed under s.
48.207 (1) (f)
, Stats.; or a relative with whom the child has been placed by order of the court under ch.
48
or ch.
938
, Stats.
Under the current rule, the forms are required only when a child is placed in a foster home or a family-operated group home. In addition, t
he revised forms
will require
a
plan for managing challenging behaviors by
the child.
Under the proposed rule, the actual forms will not be in rule, so minor updates to the form can be made
in
a timely
manner
. The rule will include the types of information that placing agencies will be required to gather to complete the forms.
Timing
.
The proposed rule
provides
that
before a prospective physica
l custodian agrees to placement of a child, the placing agency shall gather information required by the forms, enter it on the appropriate form or attach it to the form, and provide the forms to the prospective physical custodian.
After the placing agency provides the forms to the prospective physical custodian, the agency is required
to
make reasonable attempts to gather information
required by the forms
that was not available to the agency before providing the forms
to the physical custodian.
For information required under s.
DCF 37.04 (4) (a)
to
(k)
, t
he placing agency shall provide
the information
it receives after providing the forms
to the physical custodian
as soon as possible, but no later than
2
days after the date that the child is placed is with the physical custodian.
For information required
under s.
DCF 37.04 (4) (L)
to
(y
)
,
the placing
agency
shall provide
the information it receives after providing the forms to the physical custodian
as soon as possible, but no later than 7 days after the d
ate that the child is placed
with the physical custodian.
A
n exception
requires the
agency
to
provide information
it determines is of critical importance to the health, safety, or welfare of the child or the physical custodian to the physical custodian no later than 2 days after receiving the information.
If the placing agency receives information required by the forms that
the
agency has not provided to the
physical custodian
, the agency shall
provide the information to the
physical custodian
as soon as possible,
but no later than 7 days after the date that the agency receives the information, except the agency shall provide information it determines is of critical importance to the health, safety, or welfare of the child or the physical custodian no later than 2 days after receiving the information.
Allegation
.
The placing agency may not
include
information
on the forms
regarding the child or the child’s family
that is an allegation,
unless the
placing
agency determines that, if substantiated, the allegation would have a significant impact
on the success of the placement and related services
or on the
h
ealth, safety, or welfare of the
child, the physical custodian, others in
the physical custodian’s home or facility, or the community.
If the placing agency informs the physical custodian of an allegation about the child or the child’s family, the agency
shall
record the allegation
in the child’s ca
s
e record
and shall include the
justification for providing
the information
.
Exception
.
A placing agency may make an
exception
to the provision of any information
to a physical custodian
for either of these reasons:
•
The
information is confidential, t
he placing agency does not have access to the information
, and t
he placing agency has made a reasonable effort to obtain the information through appropriate releases of information.
•
The
exception does not jeopardize the health, safety, or welfare of the child, the physical custodian, others in the physical custodian’s hom
e or facility, or the community and t
he information is not critical to the success of the placement and related treatment or services
.
Except as permitted under s.
252.15 (6)
, Stats.,
a
phys
ical custodian that receives information on these forms
, other than the information regarding the child’s religious affiliation or belief, shall keep the information confidential and may disclose that information only for the purposes of providing care for the child or participating in a court hearing or permanency plan review concerning the child.
Summary of Factual Data and Analytical Methodologies
The non-statutory provisions of the proposed rules
and the revised forms are based
on suggestions from the
Out-of-Home Care/Adoption Committee, Case Process Committee, Foster Parent Advisory
Committee
,
and
meeting
s
with county foster care coordinators
.
Summary of Related Federal
Law
The current
42 USC 671
(a)
(24) requires that the
state plan under
Title IV-E
of the Social Security Act
for foster care and adoption assistance include a certification that, before a child in foster care is placed with prospective foster parents, the prospective foster parents will be prepared adequately with the appropriate knowledge and skills to provide for the needs of the child, and that
the
preparation will be continued, as necessary, after the placement of the child.
Effective September 29, 2015, the “Preventing Sex Trafficking and Strengthening Families Act
”
(Public Law 113-183)
amends
42 U
SC 671
(a) (24) to require that
foster parent preparation include knowledge and skills relating to the
“
reasonable and prudent parenting standard
”
for the participation of the child in
“
age or developmentally-appropriate
”
activities to support normalcy for children in foster care.
Under
45 CFR 13
37
.20
, “foster care” means 24-hour substitute care for children placed away from their parents or guardians and for whom the state agency has placement and care responsibility, including placements with a
relative caregiver or
in a
fos
ter home,
group home, shelter care, or residential care center for children and youth.
Comparison to Adjacent States
Minnesota
.
Minnesota
requires
that
the agency placing the child
fully
inform foster care
providers on the r
easons for placement of the child
; s
pecific actions to be taken by the child, the child
’
s parent or guardian, or foster care providers to correct the problems or conditions identified as a reason or the child
’
s removal
; n
eeds of the child or family for treatment, care
,
or rehabilitation
; s
ervices requested or needed by the child, the child
’
s parent or guardi
an, and foster care providers
; v
isitation rights and obligations of the parents, guardians, or other relatives
; d
ecisions
about the child
that the agency
will make
and
decisions
that
will require the consent of the parents
; a
uthority of the foster care provider to arrange for the education of the child and to meet with the teachers regarding the child
’
s progress
; d
ate on which the child is expected to return home
;
information about the child
’
s immunizations
and other pertinent health data; and
whether the child has a communicable disease.
Illinois
.
Illinois
requir
e
s
the d
epartment to
provide information to a
f
oster parent or other caregiver on the child’s medical history,
educational
history
,
client service plan,
case history
behavior problems, prior criminal history, habits,
likes, dislikes, and other relevant background information.
Iowa
.
Iowa requires
that at the time of placement, an agency shall provide foster parents with
the n
ame of the child, agency c
aseworker, and referring agency; i
nformation about the child's known behavioral characteristics including safety-related information, needs, and
plans for the child and family; w
ritten consent to obtain routine, nonsurgical medical care and to authorize emergency medical and surgical treatment
, anesthesia, and immunizations; and a
copy of the child's current physical examination and medical history.
Michigan
.
B
efore the placemen
t of a child
,
Michigan requires
that a
n agency provide a foster parent
with
information
on the c
hild
’
s name
;
date of birth
;
a
vailable known information about the child
’
s health
;
a
ny known history of abuse or neglect of the child
;
a
ll known emotional and psyc
hological problems of the child;
a
ll known behavioral problems of the child
;
c
ircumstances necessitating placement of the child
;
a
ny other known information to enable the foster parent to provide a stable, safe, and healthy environment for the foster child and the foster family
;
n
ame of assigned social service worker
;
and a
uthorization to provide routine and emergency medical care.
Effect on Small Businesses
The proposed rule will affect small businesses as defined in s.
227.114 (1)
, Stats
.
Analysis Used to Determine Effect on Small Businesses
The rule will affect private child
-
placing agencies that are licensed under s.
48.60
,
Stats.
,
but the effect will be
minimal
.
Agency Contact Person
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Elaine Pridgen, Office of the Secretary, Department of Children and Families, 201 E. Washington Avenue, P.O. Box 8916, Madison, WI, 53708-8916 or
dcfpublichearing@wisconsin.gov
. T
he comment deadline is January 22, 2016
.
SECTION 1. Ch
apter DCF 37
is repealed and recreated to read:
INFORMATION TO BE PROVIDED TO PHYSICAL CUSTODIANS
OF CHILDREN IN OUT-OF-HOME CARE
DCF
37
.01
Authority
and purpose.
This chapter is promulgated under the authority of s
s
.
48.
67
(intro.)
and
895.485 (4) (a)
, Stats., to specify the
types
of information that
a placing
agency that
places a
child
in out-of-home care
is to provide to the child
’
s
physical custodian
to
ensure that the physical custodian can
provide
appropriate care for the child and
to promote the
health, safety, and welfare of the child
,
the
physical custodian
,
others in the physical custodian’s home or facility,
and the community.
DCF
37.02 Exception
.
(1)
A placing agency may make an exception to the provision of any kind of information required under this chapter
if par. (a)
or
(b)
applies
:
(a)
All of the following apply:
1.
The information is confidential.
2.
The placing agency does not have access to the information.
3.
The placing agency has made a reasonable effort to obtain the information through appropriate releases of information.
(b)
All of the following apply:
1.
The exception does not jeopardize the health, safety, or welfare of the child, the physical custodian, others in the physical custodian’s home or facility, or the community.
2
.
T
he information is not critical to the success of the placement and related treatment or services or the purposes described in s.
DCF
37
.01
.
(
2
)
A placing agency shall provide detailed documentation
in the narrative sect
ion of the child’s case record
for
any exception
that the
placing
agency grants
under
sub. (1).
The documentation shall include the specific information that was not provided to the physical custodian, the reasons for not providing the information, the name of the agency representative who made the decision to not provide that information, the date the decision was made, and written approval by that person’s supervisor or the supervisor’s designee.
DCF
37
.0
3
Definitions
.
In this chapter:
(1)
“
Agency
” mea
ns the department;
a county
department
under s.
46.22
or
46.23
,
Stats.
;
or a child-placing
agency
licensed under ch.
DCF 54
.
(2)
“Allegation” means a charge or statement regarding a child or the child
’
s family
that
is known to the agency and
that
has not been proven or for which there is no known substantiating evidence or support, but does not include
any
of
the following
:
(a)
An interpretation of information made by a professional individual involved in the child’s treatment.
(b)
A
charge or statement
that
, in whole or in part, formed
the basis for the child’s removal from his or her home
.
(c)
In the case of a delinquent, any additional charges read into
the record at the time of adjudication.
(3
)
“Child” means a child placed for care and
maintenance
in out-of-home care by
a
placing
agency or
court.
(4
)
“C
hild’s family
” means, unless otherwise indicated, the child’s biological or adoptive family.
(5
)
“Department” means the department of children and families.
(6
)
“F
oster home
” means
a facility operated by a person licensed
under ch.
DCF 56
.
(7
)
“Foster parent” means a person licensed
to operate a foster home
and who
has
primary responsibility for the care and
maintenance
of children placed in his or her home
.
(8
)
“Group home” means
a
facility
operated by a
person
licensed by the department under
ch.
DCF 57
for the care and
maintenance
of 5 to 8 children.
(9)
“Out-of-home care” means care in a
foster home; a group home;
a residential car
e center for children and youth;
a
shelter care
facility
;
the unlicensed home of person who is not a relative under s.
48.207
(1)
(f)
, Stats.;
or the home of a relative when the child is placed with that relative by a court order under ch.
48
or ch.
938
, Stats.
(
10
)
“Permanency plan” means
a plan designed to ensure that a child is reunified with his or
her family, if appropriate,
or the child quickly attains a placement or home providing long-term stability.
(11
)
“Physical cu
stodian” means a foster parent;
the
operator
of a
group home
;
the operator of a
residential car
e center for children and youth;
the operator of a shelter care facility;
a person
who is not a relative with whom the child is placed
under s.
48.207 (1) (f)
, Stats.;
or
a relative with whom the child has been placed by order of the court under ch.
48
or
938
, Stats.
(12
)
“Placing agency” means a public or private agency authorized under s.
48.57
or
48.61
,
Stats.,
to place a child in out-of-home care
or
arrange for placement of a child in out-of-home care.
(13
)
“
Relative
” means a stepparent, brother, sister, stepbrother, stepsister,
half brother
,
half sister
, brother-in-law, sister-in-law, first cousin, 2nd cousin, nephew, niece, uncle, aunt,
stepuncle
,
stepaunt
, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person named in this subsection, even if the marriage is terminated by death or divorce.
For purposes of
placement of a child, “relative”
also includes a parent of a sibling of the child who has legal custody of that sibling.
(14
)
“Residential care center for children
a
nd youth” means a facility operated by a child welfare agency
that is
licensed under
ch.
DCF 52
for the care and maintenance of children residing in that facility.
(15)
“S
helter care
” means a
facility
licensed under s.
938.22
,
Stats.,
and ch.
DCF 59
.
DCF
37.04
I
nfo
rmation
to be provided
to
a
physical custodian
by the placing agency
.
(1)
Before a prospective physical custodian agrees to placement of a child, the placing agency shall
do all of the following:
(a)
G
ather
all available information
about the child and the child’s family
that is
required
under
sub. (
4
)
.
(b)
E
nter the information
on
the form
s
under sub. (4
)
or
attach another document
that contains
the information to the
appropriate
form
.
(c)
Provide the forms
prescribed unde
r sub. (4)
and
any
attached documents to the prospective physical custodian
.
(
2
)
(
a
)
The placing agency shall make a reasonable attempt to gather information
required under sub
. (4)
t
hat
was
not available
to the agency
when the
agency provided
the
forms
to the prospective
physical custodian.
The agency
shall provid
e
the physical custodian with
information
it receives after providing the forms to the physical custodian,
as
follows:
1.
For
information required
sub. (4) (
a
) to (k
),
as
soon as possible
,
but no later than
2
days after
the
date that the child is placed
with the physical custodian.
2.
For
information required
under sub. (
4
)
(L) to
(y)
, as soon as possible, but no later than 7 days after the
date that the child is placed
with the physical custodian
, except the agency shall provide
information it
determines is of critical importance to the health, safety, or welfare of the child or the physical custodian
to the physical custodian no later than 2 days after receiving the information
.
(b)
If the placing agency receives information required
under sub. (4)
after
the deadlines in par. (a) have passed and the placing agency has not provided the information to the physical custodian, the agency shall provide the information to the physical custodian
as soon as possible, but no later than 7 days after the date that the agency receives the information, except the agency shall provide information it determines is of critical importance to the health, safety, or welfare of the child or the physical custodian no later than 2 days after receiving the information.
(
3
)
(a)
Notwithstanding sub
s
. (1)
and (2
),
a
placing agency
may make a
n exception to
any requirement
under
s.
DCF 37.02 (2)
to provide information to the physical custodian
.
(
b)
Notwithstanding sub
s
. (1)
and (2
)
, t
he placing agency may not provide information
regarding the child or the child’s family
that is an allegation
unless the
placing
agency
determines that, if substantiated, the allegation would have a significant impact
on the success of the placement and related services
or on the
h
ealth, safety, or welfare of the
child, the physical custodian, others in
the physical custodian’s home or facility, or the community.
If the placing agency informs the physical custodian of an allegation about the child or the child’s family, the placing agency
shall
record the allegation
in the child’s ca
s
e record
and shall include
the
justification for providing
the information
.
(4
)
A placing agency
shall
use
form
s
prescribed by the department to provide information
about the child and the child’s family to a prospective or actual physical custodian under this section.
The form
s
shall include
requests for
all of the following
information
:
(a)
General information about the child, including the child’s name, date of birth, race, physical characteristics, tribal affiliation, the
spiritual or religious affiliation of the child or family, and the date the child was placed in out-of-home care.
(b)
Parent or caregiver contact information.
(c)
Significant contact information, including the child’s agency caseworker and
a
secondary agency contact, emergency contact, and prohibited contacts and visitors.
(d)
Placement reason.
(e)
Medical information, including
providers,
health
insurance coverage, diagnoses, medications,
medical or mental health
appointments, special
medical
equipment needs,
and any other medi
cal information
necessary for care of
the child
.
(f)
School or child care that the child currently attends or most recently attended.
(g)
Emotional or mental health needs.
(h)
Behavioral issues or concerns.
(i)
Physical or personal care information.
(j)
Considerations for making reasonable and prudent parenting decisions.
(k
)
Any additional information critical to the care of the child.
(
L
)
General information about the child, including the child’s name, date of birth, race, tribal affiliation, the
spiritual or
religious affiliation
of the child or
family, and the preferred place of worship.
(m
)
Placement reasons, i
ncluding child abuse or neglect;
delinquent acts; disability; substance abuse; emotional disturbance; behavioral issues; learning disability; and death, illness, or incarceration of
the child’s
primary caregiver.
(n
)
Significant contact information, including the child’s agency caseworker and secondary contact, child’s siblings, other individuals who may be having contact with the child, legal custodian or guardian, guardian ad litem
and legal counsel
, and individuals whose contact with the child is restricted or prohibited.
(o
)
Medical information, including providers, preferred hospital, and insurance coverage.
(p
)
Placement history and permanence goals.
(q
)
Educational information, including the child’s behavioral history in educational settings, special educational needs
and services
, and school-related time or services needed from the physical custodian.
(
r
)
Emotional
information
regarding attachment, attention or functioning level, mental health, and other behaviors or concerns.
(s
)
Behavioral
information
regarding the child’s diet, substance use or abuse, sexual development or behaviors,
violence or aggression,
an
d other activities or behaviors.
(
t
)
Involvement in any activities that are harmful to the child’s well-being.
(u
)
Physical or personal care information regarding the child’s development, health concerns or
symptoms,
illnesses or medical diagnoses, medical
appointments and treatment, and physical or medical restrictions.
(v
)
Physical custodian qualifications or needs.
(
w
)
A list of important documents and records regarding the child that have been given to the physical custodian.
(x
)
A plan for managing challenging behaviors
, including a list of the child’s behaviors that may lead to health or safety concerns, warning signs of
escalating behaviors
, steps to take in response to
those escalations
, and the agency’s reporting requirements.
Note:
Information
required under
pars. (a)
to
(k) is entered on Form DCF-F-872A
-E,
Information for Physical Custodians, Part A
.
Information
required under
pars. (L)
to
(y) is entered on Form DCF-F-872B-E,
Information for Physical Custodians, Part B.
Both forms
are available in the forms section of the department website at
http://dcf.wisconsin.gov
or by writing the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916
.
DCF
37
.0
5
Confidentiality
.
(1
)
Except as permitted under s.
252.15 (6)
,
Stats.,
a physical custodian that receives any information under this chapter
shall keep the information confidential and may disclose that information only for the purposes of providing care for the child or participating in a court hearing or permanency plan review concerning the child.
(2)
When
an agency
first provides
any
information regarding a child
to the physical custodian
,
the agency shall inform the physical custodian of all confidentiality requirem
ents
mandated
under state or federal law,
i
ncluding the
confidentiality
requirements under ss.
48.396
,
48.78
,
48.981 (7)
,
51.30
,
118.125
,
146.82
,
252.15
,
938.396
, and
938.78
, Stats., and any agency policy. The agency shall also inform the physical custodian of any penalties that may be
imposed for violati
ng the
confidentiality rights
of
the child and the child’
s family.
(3
)
The agency providing information about a child
shall
require that the information and any related documents be maintained by the physical custodian in a manner
that
would prohibit access to the information by the child, any other children in the ca
re of the physical custodian, and
any other party whose access to the information is prohibited.
SECTION 2.
Chapter DCF 37 Appendices A and B are repealed.
SECTION 3.
EFFECTIVE DATE.
This rule shall take effect the first day of the month following publication in the Administrative Register as provided in s.
227.22 (2) (intro.)
, Stats.
