Section 56.05. Licensee qualifications.

 

(1)   Personal requirements and background.

(a) General.

1. A person licensed to operate a foster home shall be a responsible, mature individual who is fit and qualified, who does not abuse alcohol or drugs or have a history of a civil or criminal conviction or administrative rule violation that is substantially related to caring for children or operating a foster home as determined using the factors in s. DCF 12.06 , and who exercises sound judgment and displays the capacity to successfully nurture foster children.

2. The applicant or licensee shall give truthful and sufficient information to enable the licensing agency to verify whether or not he or she meets the requirements under subd. 1. Giving false information or withholding relevant information shall constitute grounds for denial or revocation of the license.

3. In determining whether a person is fit and qualified, the licensing agency shall consider the person's qualifications under this section and any history of civil or criminal violation of statutes, regulations or ordinances of the United States, this state, any other state, any local government or other U.S. jurisdiction substantially related to the care of children.

(b) Characteristics.

1. `All foster parents.' As evidenced through interviews with foster family members, the use of formalized assessment systems, communication with references, and other methods considered to be effective components of a comprehensive foster home study, a licensee shall have or exhibit all of the following characteristics to a degree that will allow the licensee to adequately provide foster care services:

a. An adequate understanding of what it means to be a foster child and a recognition of a child's strengths and needs consistent with the child's age and abilities, or a motivation to learn.

b. A history of managing or an indication of the ability to manage stress related to economic resources, employment, home, neighborhood, family size, health problems, or other factors and an indication of an ability to cope with an additional stress factor of the placement of a foster child.

c. A satisfactory self-concept.

d. An ability to communicate ideas, feelings, and needs.

e. An outlook regarding his or her own history that indicates that any negative aspects have been recognized and adequately addressed.

f. Parenting ability appropriate to the age, abilities, strengths, and needs of foster children to be placed in the licensee's home or a motivation to learn.

g. A history of positive parenting, if applicable.

h. An adequate knowledge of child growth and development or a motivation to learn.

i. Reasonably constructive social relationships and the ability to provide encouragement and understanding of a foster child's need for positive social relationships.

j. Effective intrafamilial communication and the existence of appropriate family roles, marital or other relationship stability, integration into the community, and organization in the home.

k. An appropriate understanding of child abuse and neglect as a social problem or a motivation to learn.

L. An appropriate understanding of the needs of children who have been abused or neglected and of parents who abuse or neglect their children or a motivation to learn.

m. Adequate preparation of all family members to become a foster family, particularly preparation for the stress that having a foster child in the family may place on each family member.

n. An appropriate motivation for applying to be a foster family and an ability to follow through on difficult endeavors.

o. A willingness to work with the supervising agency, placing agency, licensing agency, and the biological or adoptive parents in achieving a foster child's permanence goal as established in the child's permanency plan.

2. `Level 3 to 5.' In addition to the requirements under subd. 1. , a foster parent who operates a foster home with a Level 3 to 5 certification shall have the following knowledge, skills, and qualifications prior to placement of a child in the foster home:

a. Knowledge of the specific behavioral, emotional, or physical conditions; symptomology; and treatment and care needs of the child to be placed.

b. Knowledge of the operation of any specialized equipment and emergency back-up systems for the child to be placed.

c. Recognition of escalating symptoms or side-effects of the child's condition and appropriate responses.

d. Knowledge of the medications, services, and treatments of the child to be placed.

e. Knowledge of the care requirements and techniques required for the child to be placed.

f. A demonstrated commitment to providing care for a child with serious treatment needs.

g. Commitment and time to receive the required pre-placement, initial, and ongoing training.

h. Ability to appropriately bond with the child.

i. A demonstrated capacity to deal effectively with the dependency needs of the child.

j. Availability at all times except when respite care under s. DCF 56.21 or other arrangements for care of the child have been made with the supervising or licensing agency.

(c) Responsibilities.

1. `All foster parents.' The licensee shall be familiar with the requirements of this chapter and do all of the following:

a. Comply with all of the requirements of this chapter.

b. Participate in the selection of and accept foster children for care only in conformity with the conditions specified on the license and with the approval of the licensing and supervising agencies.

c. Cooperate fully with the licensing agency and any other agency responsible for supervising foster children in the licensee's care and keep the licensing agency and any other responsible agency informed of each child's progress and problems.

d. Immediately notify the licensing agency of any change in the job or work schedule of a foster parent who works outside the home and notify the licensing agency of any impact this change will have on the licensee's ability to provide foster care.

e. Cooperate and assist with efforts of the supervising agency to maintain relationships between foster children and their families and with the agency's efforts to implement plans for care and treatment and for arranging a permanent living arrangement as required under s. 48.38 or 938.38 , Stats.

f. Allow the supervising agency up to 30 days in which to make an alternate placement when the licensee asks that a foster child be removed from the home.

g. Maintain in confidence all personal information about foster children and their families.

h. Comply with serious incident reporting requirements in s. DCF 56.06 .

i. Attend training sessions, permanency plan reviews, and other meetings as required by the licensing, supervising, or placing agency.

j. Provide a respite care provider with written and verbal information regarding the specific care needs of a child each time respite care is used.

k. Provide or arrange for a child's necessary transportation, unless otherwise determined by the child's team or treatment team.

L. Advocate for the child with the child's school system and have primary responsibility for communication with the school, unless otherwise determined by the child's team or treatment team.

m. Implement the child's case plan, and if applicable treatment plan, cooperatively and consistently.

n. Participate in assessing a child's progress.

2. `Foster home with Level 3 to 5 certification.' In addition to the requirements under subd. 1. , a foster parent who operates a foster home with a Level 3 to 5 certification shall do all of the following, unless otherwise determined by the treatment team:

a. Participate as an active team member in the development, implementation, and evaluation of the treatment plan goals and objectives.

b. Assume primary responsibility for implementing in-home care and treatment strategies specified in the treatment plan.

c. Participate in developing a child's individualized treatment plan.

d. Notify the appropriate treatment team member of any problems or concerns related to operating a foster home with a Level 3 to 5 certification.

e. Participate on a regularly scheduled basis, but at least annually, in the evaluation of his or her performance as a foster parent operating a foster home with a Level 3 to 5 certification under s. DCF 56.20 .

(d) Age. No person younger than 21 years of age may be licensed to operate a foster home, except that a person 18 to 20 years of age may be licensed to provide foster care for a relative.

(e) Health.

1. The applicant for an initial license to operate a foster home and all members of the household shall be free of physical or mental conditions that would interfere with the ability of the family to provide care for a foster child or threaten the health or safety of a foster child.

3. If, at any time, the licensing agency suspects or has reason to believe that the physical or mental health of an applicant, licensee or other household member may pose a threat to the health, safety or welfare of children in care, the licensing agency may require an alcohol or other drug abuse assessment or a physical health or mental health evaluation of the person as a condition for issuing or continuing the license.

(f) Background. The applicant or licensee and any nonclient residents in the applicant or licensee's home shall comply with the requirements in s. 48.685 , Stats., and s. DCF 56.055 .

(g) Reporting background changes. An applicant or licensee shall immediately notify the licensing agency if any of the following applies to the applicant, licensee, or a nonclient resident in the home:

1. The person has been convicted of any crime.

2. The person is the subject of a pending criminal charge.

3. The person has been adjudicated delinquent for committing a crime on or after his or her 12th birthday.

4. The person is the subject of a delinquency petition alleging that the person committed a crime on or after his or her 12th birthday.

5. A final substantiated finding has been made that the person abused or neglected a child.

6. A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.

7. A governmental body made a finding that the person abused or neglected any client or misappropriated the property of any client.

8. The person has been or is being investigated by any governmental agency for any other act, offense, or omission, including an investigation related to the abuse or neglect, or threat of abuse or neglect, to a child or other client, or an investigation related to misappropriation of a client's property.

9. A person begins residing, or is expected to reside, in the foster home.

(2)   Finances. A foster parent shall have a stable income sufficient to meet the foster family's obligations without reliance on the basic maintenance payments received for the care of foster children placed in the foster home. An applicant for a license shall provide the licensing agency with verification of compliance with this subsection.

(3)   Vehicle liability insurance.

(a) An applicant for either initial licensing or for relicensing who plans to transport foster children in his or her vehicle shall provide the licensing agency with documentation of current vehicle liability insurance coverage and shall ensure that the insurance coverage continues in force throughout the term of licensure.

(b) If it is anticipated that a foster child will drive the applicant's motor vehicle, the applicant shall ensure that the foster child is covered by the applicant's insurance policy.

(4)   Homeowner's or renter's liability insurance.

(a) Except as provided under sub. (5) , before a foster home license is issued or renewed, the applicant for an initial license or the foster parent applying for renewal of a license shall furnish proof to the licensing agency of having homeowner's or renter's liability insurance as required under s. 48.627 (2) (a) , Stats.

(b) A licensing agency shall have on file verification that each foster parent licensed by that agency has insurance coverage required under par. (a) and s. 48.627 (2) (a) , Stats., or shall have on file documentation that the foster parent has been granted a waiver from that requirement in accordance with sub. (5) , or has been issued a license for a period not to exceed 90 days to allow the foster parent to obtain necessary documentation to request a waiver in accordance with sub. (5) .

(5)   Waiver of homeowner's or renter's liability insurance requirement.

(a) In this subsection, "Wisconsin insurance plan" means the mandatory risk-sharing insurance plan established under s. 619.01 , Stats., and s. Ins 4.10 .

(b) A foster parent or an applicant for a foster home license may request a waiver of the requirement under sub. (4) (a) if he or she is unable to obtain the required insurance, the insurance policy that he or she had was canceled or payment of the premium for the required insurance would cause undue financial hardship.

(c) A request for a waiver shall be sent directly to the licensing agency and shall include one of the following:

1. A written denial of homeowner's liability insurance by an insurance company for a reason other than the poor condition of the property and a written denial of the same insurance coverage from the Wisconsin insurance plan.

2. A written cancellation of homeowner's liability insurance by an insurance company for reasons other than nonpayment of premiums and a written denial of the same coverage from the Wisconsin insurance plan.

3. A written denial of renter's liability insurance from 2 insurance companies.

4. A written cancellation of renter's liability insurance by an insurance company for reasons other than non-payment of premiums and, in addition, a written denial of the same insurance coverage from one other insurance company.

5. Documentation that payment of the insurance premium would cause undue financial hardship for the foster parent or applicant as evidenced by any of the following:

a. The foster family or applicant is a participant in the Wisconsin Works program under ss. 49.141 to 49.161 , Stats.

b. The foster parent or applicant is receiving supplemental security income under 42 USC 1381 to 1383d .

c. The foster family's or applicant's income is at or below the minimum family budget determined by the department for purposes of administering the uniform fee system under ch. DHS 1 .

(d) Within 30 days after receipt of a request that is accompanied by the documentation required under par. (c) , the licensing agency shall either waive the requirement or deny the request for a waiver, and shall notify the applicant or foster parent in writing of its decision and the reasons for the decision.

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

Note

The Department has recommended the use of the Resource Family Assessment but any formalized assessment system can be used. Microsoft Windows NT 6.1.7601 Service Pack 1 See similar language related to in-home employment at s. DCF 56.09 (2) (a) . Microsoft Windows NT 6.1.7601 Service Pack 1 A foster parent has limited liability under s. 895.485 , Stats. This does not mean that he or she has no liability. In the event that a foster parent is sued, the foster parent may be liable for any judgment and attorney's fees. As such, a waiver of the insurance requirement should be made only in rare circumstances. Microsoft Windows NT 6.1.7601 Service Pack 1 The Wisconsin Insurance Plan is property insurance of the last resort. A foster parent and an applicant for a foster home license should consider the Wisconsin Insurance Plan only if they cannot obtain conventional insurance from an insurance company. For information on the Wisconsin Insurance Plan, contact any insurance agency or the Wisconsin Insurance Plan, 700 W. Michigan Street, Milwaukee, WI 53233; phone [phone]. Microsoft Windows NT 6.1.7601 Service Pack 1