Section 56.04. Applying for a license.

 

(1)   Who must apply.

(a) Any person proposing to provide foster care for children shall apply to a licensing agency for a foster home license.

(b) Application for a foster home license shall be made on a form provided by the licensing agency.

(2)   License prohibition. No licensing agency may issue a license to operate a foster home to an employee of the agency or to the relative of an employee of the agency if the employee works in the area of the agency that issues foster care licenses. This subsection does not apply to a foster parent who receives a payment under s. 48.64 (4) , Stats., or to a volunteer for the agency.

(3)   Reapplication following denial or revocation. No applicant or former licensee who, for a substantive reason, such as inappropriate discipline practices, inadequate mental health functioning or current abuse of alcohol or drugs, was denied a license or whose license was revoked may reapply for a license to any licensing agency within a period of 2 years following the effective date of license denial or revocation.

(4)   Documents required prior to licensing.

(a) Initial license. Before an applicant for an initial license may be issued a license, the applicant shall submit the following to the licensing agency:

1. An application form completed and signed by the applicant. Married persons living together shall both sign the application. Any household member who will act in the role of foster parent shall sign the application.

2. Verification of homeowner's or renter's insurance coverage required under s. DCF 56.05 (4) or a request for a waiver under s. DCF 56.05 (5) , and verification of vehicle liability insurance required under s. DCF 56.05 (3) if the applicant plans to transport foster children in his or her own vehicle. Verification means that the licensing agency representative has personally seen the appropriate documentation. A licensing agency need not retain a copy of the documentation in its files.

3. A written statement from a physician, physician assistant, or nurse practitioner that indicates any physical or mental conditions of the applicant or any household members that would affect the ability of the family to provide care for a foster child or threaten the health or safety of a foster child. The statement shall be based upon a medical examination performed within the previous 6 months, except as provided in subd. 4.

4. If a member of the household of an applicant who is a relative of a foster child is not covered by health insurance or a medical examination would be a significant financial burden to the household member, the licensing agency may grant an exception to the requirement in subd. 3. If the licensing agency grants this exception, the household member shall submit a personally signed statement that indicates any physical or mental conditions he or she has that would affect the ability of the family to provide care for a foster child or threaten the health or safety of a foster child.

5. Documentation of fire safety inspection of the foster home, if required by the licensing agency.

5m. A drawing of the layout of the foster home.

6. A private water supply test report for the foster home, if required by the licensing agency.

7. The employment history of the applicant. The history shall indicate the length of time the applicant was employed by each employer. The employment history shall document all employment for the 5-year period prior to submission of the application for a foster home license, unless the licensing agency has reasonable cause to request employment history for more than 5 years.

8. Notification of any previous licensure as a foster parent or any other type of caregiver for children, the name of the licensing agency and the period during which the license was held.

9. A signed statement indicating that the applicant has received the following information provided by the agency:

a. A brochure that explains the foster care reimbursement and rate structure, including the clothing allowance.

b. A brochure that explains the foster parent insurance program and information regarding how to file a claim with that program.

c. Notice that the licensing agency may contact the Wisconsin department of justice and any similar agency in another jurisdiction, any federal or local law enforcement agency, any social services agency, or any other public or private agency to determine if there is any reason specified under s. 48.685 , Stats., ch. DCF 12 , s. DCF 56.05 (1) (a) 3. , or any other part of this chapter for the applicant to not be granted a license.

10. Other documentation or authorizations required by the licensing agency for its review of the application.

(b) License renewal. An applicant for renewal of a license shall submit all of the following to the licensing agency at least 30 days before expiration of the current license:

1. An application form completed and signed by the applicant. Married persons living together shall both sign the application. Any household member who will act in the role of foster parent shall sign the application.

2. Verification of homeowner's or renter's insurance coverage required under s. DCF 56.05 (4) or a request for a waiver under s. DCF 56.05 (5) , and verification of vehicle liability insurance required under s. DCF 56.05 (3) if the applicant plans to transport foster children in his or her own vehicle. Verification means that the licensing agency representative has personally seen the appropriate documentation. A licensing agency need not retain a copy of the documentation in its files.

3. Documentation of fire safety inspection of the foster home, if required by the licensing agency.

4. A private water supply test report for the foster home, if required by the licensing agency.

5. If required by the licensing agency, a written statement from a physician, physician assistant, or nurse practitioner that indicates any physical or mental conditions of any household member that would affect the ability of the family to provide care for a foster child or threaten the health or safety of a foster child. The statement shall be based upon a medical examination performed within the previous 6 months.

5m. If a member of the household of an applicant who is a relative of a foster child is not covered by health insurance or a medical examination would be a significant financial burden to the household member, the licensing agency may grant an exception to the requirement in subd. 3. If the licensing agency grants this exception, the household member shall submit a personally signed statement that indicates any physical or mental conditions he or she has that would affect the ability of the family to provide care for a foster child or threaten the health or safety of a foster child.

6. Other documentation or authorizations required by the licensing agency for its review of the application.

(c) License modifications.

1. A licensing agency may modify a foster home license. An applicant for a license may request modification of the license at the time of the initial licensure. A licensee may request modification of the license at any time during the effective period of the license.

2. An applicant for license modification shall obtain a license modification application form from the licensing agency and shall submit a completed and signed application form and other materials required by the licensing agency to that agency within the following time limits:

a. Before the date the licensee plans to change location from the location specified on the current license.

b. Before the date an applicant wishes to have one or more license conditions changed.

c. No later than 30 days before the date the marital status of the licensee changes.

d. Within 10 days after a household member leaves.

e. At least 30 days before someone enters the household when this is known that far in advance or otherwise as soon as possible before that person enters the household.

(5)   Action by the licensing agency.

(a) Except as provided in par. (b) or (c) , within 60 days after receiving a completed application for a foster home license, for renewal of the foster home license or for a license modification, the licensing agency shall approve the application and issue the license, deny the application or approve the modification. Any delay that is the result of an act or omission on the part of the applicant shall not be considered in the 60-day time limit. If the application for a license, relicensure or license modification is denied, the licensing agency shall give the applicant reasons in writing for the denial and shall provide information on how an appeal may be requested under s. DCF 56.10 .

(b) A licensing agency shall be allowed one 30-day extension of the time limit under par. (a) if the extension is needed to allow the agency to collect information necessary to make an informed decision, such as to obtain a criminal records check or responses from references. The agency shall notify the applicant or licensee if an extension is necessary.

(c) If the foster home license application is for a pre-adoptive placement, the licensing agency shall either approve the application and issue the license or deny the application within 6 calendar months after receipt of the completed application. If the application for a license is denied, the licensing agency shall give the applicant reasons, in writing, for the denial and shall provide information on how an appeal may be requested under s. DCF 56.10 .

(6)   Discrimination. A licensing agency may not discriminate against an applicant for a foster home license or a foster parent applying for renewal of a foster home license on the basis of age, sex, race, color, creed, sexual orientation, national origin or handicap.

(7)   Effective period of a license. A foster home license shall be effective for a period not to exceed 2 years and may be renewed upon successful completion of relicensing requirements.

(8)   Notification of application for or issuance of additional licenses. A licensee who applies to any licensing authority for or is issued any other license in addition to the foster home license shall notify the agency that issued the foster home license. No licensee may hold any other license to operate a foster home under this chapter or a group home under ch. DCF 57 .

CR 00-020 : cr. Register February 2002 No. 554 , eff. 3-1-02; corrections in (3) (a), (b), (4) (a) 2., 3., 9., (b) 2., (5) (a), (c) and (8) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; EmR0937 : emerg. revisions as in CR 10-021 (except for (4) (a) 5m.), eff. 1-1-10; CR 10-021 : am. (4) (a) 2., (b) 2. and (c) 1., r. and recr. (4) (a) 3., 4., and (b) 5., cr. (4) (a) 5m. and (b) 5m. Register September 2010 No. 657 , eff. 10-1-10; correction to numbering of (4) (a) 5m. made under s. 13.92 (4) (b) 1. , Stats., Register September 2010 No. 657 ; EmR1050 : emerg. r. and recr. (2), (4) (a) 5m., am. (8), eff. 1-1-11; CR 10-148 : r. and recr. (2), (4) (a) 5m., am. (8) Register August 2011 No. 668 , eff. 9-1-11; CR 16-014 : renum. (3) (intro.) to (3), r. (3) (a), (b), am. (4) (a) 9. c. Register June 2016 No. 726 , eff. 7-1-16.

Note

The intent of this requirement is to prevent possible conflicts of interest with respect to the terms of the rate paid to the foster parent, the situation that may result if an allegation of abuse or neglect is made against the foster parent, etc. The agency should consider such situations in granting a license to an employee of the agency. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 344.62 , Stats., requires motor vehicle liability insurance effective June 1, 2010. Microsoft Windows NT 6.1.7601 Service Pack 1