Section 56.09. Care of foster children.

 

(1)   Principles for nurturing care. The foster parent shall provide nurturing care to each child placed in a foster home. Nurturing care is care that does all of the following:

(a) Ensures that the child is provided a humane physical and psychological environment.

(am) Socializes the child into family living and teaches social and community living skills, including accepting tasks and responsibilities.

(b) Is respectful of the child as a person.

(bm) Increases the child's opportunities to develop decision-making skills and to make informed choices.

(c) Gives the child room to grow and the maximum of personal and physical freedom appropriate to the child's age and maturity.

(cm) Increases the child's independence in performing tasks and activities by teaching skills that reduce dependence on caretakers.

(d) Does not deny a foster child access to confidential family planning and reproductive health services.

(dm) Educates the child regarding human sexual development, as appropriate.

(e) Does not discriminate against the child because of the child's race or cultural identification, sex, age, sexual orientation, color, creed, ancestry, national origin or disability.

(em) Promotes cultural understanding and sensitivity in the child and respects the cultural traditions of the child's family.

(f) Lets the child participate in community activities of the child's choice, including sports and activities of school, community, social and religious groups, with this participation restricted only by reasonable curfew hours, cost considerations, a court order or for a reason agreed upon by the foster parent and the licensing and supervising agencies.

(fm) Increases the child's opportunities to interact with diverse community populations.

(g) Gives the child reasonable opportunity to voluntarily participate or not participate in religious practices, activities, and services of the child's choice or the choice of the child's parents. Any discrepancy between the child's choice and the choice of the child's parents shall be resolved by the child's caseworker.

(gm) Teaches the child life skills in situations where the skills are used.

(h) Allows a foster parent to conduct a search without the foster child's consent if the foster parent believes a search is necessary to prevent harm to the foster child or another person or because the foster child is violating a law. The foster parent shall share the information about the search with the child's supervising agency caseworker.

(hm) Provides daily schedules, routines, environments, and interactions similar to those of other children of the same age and in accordance with the child's case plan, permanency plan, or treatment plan.

(i) Lets a child keep and wear his or her own clothing as appropriate to the season or setting unless the clothing is too small for the child, is prohibited by the child's case manager or is otherwise unsuitable for wear.

(j) Permits a child to receive mail, to make and to receive a reasonable number of telephone calls and to visit with family, friends and others unless a visit is contraindicated by the child's case plan, by a court order or by another controlling document.

(k) Does not inflict or tolerate infliction of physical or verbal abuse, physical punishment, ill treatment or harsh or humiliating discipline of the child.

(L) Does not require a child to perform labor that financially benefits the foster parent without the child's agreement, approval of the child's parent or guardian and approval of the supervising agency.

(m) Allows the child access to clothing and written and recorded materials and other items appropriate to the child's age and comprehension. None of these materials may be permanently withheld from the child without the specific consent of the child's caseworker. Any withheld material shall be given to the child's caseworker who shall determine whether the material should be returned to the child or given to the child's parent or guardian. A foster child's personal belongings may not be damaged or destroyed.

(n) Does not permit a child to be mechanically restrained or locked or confined in any enclosure, room, closet or other part of the house or premises for any reason, except as provided under sub. (5) (i) .

(o) Responds appropriately to disruptive behavior.

(1g)   Physical restraint.

(a) A foster parent may not use any type of physical restraint on a foster child unless the foster child's behavior presents an imminent danger of harm to self or others and physical restraint is necessary to contain the risk and keep the foster child and others safe.

(b) A foster parent shall attempt other feasible alternatives to de-escalate a child and situation before using physical restraint.

(c) A foster parent may not use physical restraint as disciplinary action, for the convenience of the foster parent, or for therapeutic purposes.

(d) If physical restraint is necessary under par. (a) , a foster parent may only use the physical restraint in the following manner:

1. With the least amount of force necessary and in the least restrictive manner to manage the imminent danger of harm to self or others.

2. That lasts only for the duration of time that there is an imminent danger of harm to self or others.

3. That does not include any of the following:

a. Any maneuver or technique that does not give adequate attention and care to protection of the child's head.

b. Any maneuver that places pressure or weight on the child's chest, lungs, sternum, diaphragm, back, or abdomen causing chest compression.

c. Any maneuver that places pressure, weight, or leverage on the neck or throat, on any artery, or on the back of the child's head or neck, or that otherwise obstructs or restricts the circulation of blood or obstructs an airway, such as straddling or sitting on the child's torso.

d. Any type of choke hold.

e. Any technique that uses pain inducement to obtain compliance or control, including punching, hitting, hyperextension of joints, or extended use of pressure points for pain compliance.

f. Any technique that involves pushing on or into a child's mouth, nose, or eyes, or covering the child's face or body with anything, including soft objects, such as pillows, washcloths, blankets, and bedding.

4. Notwithstanding subd. 3. f. , if a child is biting himself or herself or other persons, a foster parent may use a finger in a vibrating motion to stimulate the child's upper lip and cause the child's mouth to open and may lean into the bite with the least amount of force necessary to open the child's jaw.

(e) A foster parent shall report the use of any physical restraint to the licensing agency as soon as possible after the imminent danger has been resolved but no later than 24 hours after the use of any physical restraint. Information shall include a description of the situation that led to the use of restraint, the nature of the restraint that was used, any follow-up actions that were taken, any injuries that may have resulted from use of the restraint, and any additional information required by the licensing agency.

(1m)   Number of children for whom care may be provided.

(a) In general. Care and maintenance may be provided for no more than 4 children in a foster home.

(b) Sibling connections. Notwithstanding par. (a) , for the purpose of maintaining sibling connections, a licensing agency may grant an exception to allow 7 or fewer foster children in a foster home. A licensing agency shall apply to the department exceptions panel to place 8 or more children in a foster home if necessary to keep siblings together. The licensing agency shall follow the requirements established under s. DCF 56.02 (2) when granting or requesting an exception under this paragraph and shall modify the license to reflect a reduction in the number of foster children in the home if any of the children leave.

(c) Parental connection. Notwithstanding par. (a) , for the purpose of maintaining a parental connection for a minor parent and minor child who are placed together, a licensing agency may grant an exception to allow 7 or fewer foster children in a foster home. A licensing agency shall apply to the department exceptions panel to place 8 or more children in a foster home if necessary to keep a minor parent and minor child together. The licensing agency shall follow the requirements established under s. DCF 56.02 (2) when granting or requesting an exception under this paragraph and shall modify the license to reflect a reduction in the number of foster children in the home if any of the children leave.

(cm) Placement continuity exception . Notwithstanding par. (a) , for the purpose of maintaining previous existing connections, a licensing agency may grant an exception to allow 7 or fewer foster children in a foster home. A licensing agency shall apply to the department exceptions panel to place 8 or more children in a foster home if necessary to allow a child who was previously placed in the foster home and was on a trial reunification or a child who is under a voluntary transition-to-independent living agreement to return to the foster home. The licensing agency shall follow the requirements established under s. DCF 56.02 (2) when granting or requesting an exception under this paragraph and shall modify the license to reflect a reduction in the number of foster children in the home if any of the children leave.

(d) Number of children in a foster home with Level 3 to 5 certification . Notwithstanding par. (a) , a licensing agency may limit the number of children for whom a foster home with a Level 3 to 5 certification may provide care and maintenance to fewer than 4.

(e) More than 2 children in a foster home with a Level 3 to 5 certification . If a licensing agency plans to place or places more than 2 foster children in a foster home with a Level 3 to 5 certification, the licensing agency shall notify any placing agency or supervising agency with a child already placed in the home. The notice shall be in writing and sent to the placing agency or supervising agency prior to placement of the third or fourth child, if possible. If written notice prior to the additional placement is not possible, the licensing agency shall verbally notify any placing agency or supervising agency prior to the placement and subsequently provide written notice.

(f) Total number of individuals receiving care . The number of individuals receiving care in a foster home, including the combined total of foster children, minor children of the foster parent, other children, and adults who need care may not exceed the following:

1. In a foster home with a Level 1 to 2 certification, 8 persons.

2. In a foster home with a Level 3 to 5 certification, 6 persons.

(g) Children under 2 years of age . A foster parent may not regularly provide care for more than 2 children under 2 years of age, including the combined total of foster children, minor children of the foster parent, and any other children.

(2)   Supervision of children.

(a) The licensee may not combine the care of foster children with regular part-time care of other non-related children or adults or conduct business or provide services in the foster home without the written approval of the licensing agency. The licensing agency shall confer with any other certifying or licensing agencies involved with the additional activities before granting approval and may approve a request only if the foster parent presents satisfactory evidence that the additional activities will not interfere with the quality or manner of care provided to foster children. The licensing agency may not allow a foster parent who operates a foster home with a Level 3 to 5 certification to also operate a licensed family child care center under ch. DCF 250 or a certified child care home under ch. DCF 202 in the foster home.

(b) Both foster parents may not be employed away from the home on a full-time, part-time or seasonal basis without written approval of the licensing agency. When there is only one foster parent, that person may not be employed away from the home without written approval of the licensing agency. Approval by the licensing agency for this employment shall depend on the foster parent or parents presenting satisfactory evidence that there are suitable plans for the care of the children and for responding in emergency situations during the absence of the foster parent or parents from the home.

(c) A person who provides child care for a foster child for compensation on a regular basis in a location other than the child's foster home shall be certified under ch. DCF 202 or licensed under ch. DCF 250 , 251 , or 252 .

(d) A licensee may not leave foster children under 10 years of age without supervision by a responsible care provider.

(e) A licensee shall ensure that foster children 10 years of age or older receive responsible supervision appropriate to their age, maturity and abilities as might reasonably be provided by a prudent parent to that parent's own children.

(f) A foster parent shall secure authorization from the supervising agency before taking a foster child out of state for a period longer than 48 hours.

(g) A foster parent shall secure approval of the supervising agency before making plans for the care of a foster child by any other person in or away from the foster home for any period in excess of 48 hours. Pursuant to specified information in the placement agreement for a foster child, the supervising agency may require a foster parent to secure agency authorization for periods less than 48 hours.

(3)   Household chores.

(a) A foster parent may require a foster child to share in household chores appropriate to the child's age, degree of maturity, mental capability, health, and physical ability. These duties shall not interfere with a child's school attendance, family visits, sleep, studies, or religious practice and may not violate the humane and nurturing care described in sub. (1) .

(b) Foster children may not be given responsibility for chores that may cause harm to themselves or others.

(4)   Health of foster children.

(a) Within 30 days after the date that the child is placed in foster care, the foster parent shall arrange for medical and dental examinations of the child in accordance with the schedule of the HealthCheck program. An appropriate reproductive health needs and confidential family planning assessment shall be a part of the medical examination as included in the HealthCheck program.

(b) All foster children shall receive medical and dental care under the HealthCheck program unless they have private insurance that covers services required in this chapter. The HealthCheck program shall supplement any required services not covered by private insurance. A foster child's case record shall contain medical records utilizing the HealthCheck program forms.

(c) The foster parent shall notify the supervising agency as soon as possible if a foster child has any serious illness or any injury that requires medical treatment.

(d) The foster parent shall ensure that each foster child who needs medical attention receives appropriate and adequate medical services promptly.

(dm) The foster parent shall ensure that each foster child who needs mental health services receives appropriate services promptly.

(e) The foster parent shall ensure that each foster child receives 2 dental examinations and cleanings per year through a HealthCheck program referral.

(f) No foster parent may purchase tobacco products for a child or employ the child's use of tobacco products as part of a treatment or behavior modification program.

(g)

1. A foster parent may not smoke or allow another person to smoke in a foster home or in a vehicle when a foster child is present.

2. Nothing in this paragraph shall be interpreted to interfere with traditional or established spiritual or cultural ceremonies involving the use of tobacco.

(5)   Discipline.

(a) Disciplinary action by a foster parent or any other person serving as a substitute caretaker in the absence of the foster parent shall be aimed at encouraging the foster child to understand what is appropriate social behavior.

(b) The type of discipline imposed shall be appropriate to the child's age and understanding.

(c) Physical punishment of foster children is prohibited.

(d) A licensee may not subject any foster child to verbal abuse, profanity, derogatory remarks about the child or his or her family or to threats to expel the child from the home.

(e) A licensee may not permit another adult or child, other than a responsible care provider, to discipline a foster child.

(f) No foster child may be punished by being deprived of meals, mail, or family interaction.

(g) No foster child may be punished or ridiculed for bed-wetting or other lapses in toilet training.

(h) No foster child may be mechanically restrained or locked in any enclosure, room, closet or other part of the house or elsewhere on the premises for any reason.

(i) No foster child may be punished by being restricted to an unlocked room or area of the home except as follows:

1. A foster child under 6 years of age may be restricted to an unlocked living area of the home for not longer than 10 minutes for any episode of misbehavior. The foster child shall be within hearing of a responsible caretaker and shall be permitted use of the toilet if necessary.

2. A foster child 6 to 10 years of age may be restricted to an unlocked living area of the home for not longer than 30 minutes for any episode of misbehavior. The foster child shall be within hearing of a responsible caretaker and shall be permitted use of the toilet if necessary.

3. A foster child over 10 years of age may be restricted to an unlocked living area of the home for up to 60 minutes for any episode of misbehavior. The foster child shall be within hearing of a responsible caretaker and shall be permitted use of the toilet if necessary.

(6)   Clothing.

(a) The licensee shall ensure that funds allocated for the purchase of clothing for foster children are used in such a manner that children in the licensee's care are comfortably and appropriately dressed within the limits of the funds. Foster children's clothing shall be maintained in a state of good repair and cleanliness.

(b) Clothing purchased for a foster child or otherwise provided to a foster child with the understanding that the clothing belongs to the foster child shall be the property of the child and shall be given to the child to take when he or she leaves the foster home.

(7)   Personal belongings. When a foster child leaves a foster home, he or she may take all special equipment or other personal belongings that the child had when placed in the foster home, that were given to the child to keep, that the child received as gifts, or that were purchased on behalf of the child with public funds, unless the items are permanently affixed to the foster home.

(8)   Spending money. The foster parent shall give each foster child spending money each week. The amount of spending money given to a foster child shall be appropriate to the child's age and maturity and in accordance with the child's case plan established by the supervising agency.

(9)   Nutrition.

(a) The foster parent shall ensure that each foster child receives at least 3 meals a day. Meals a child receives as part of a meals program at school may be counted. A school-age foster child who does not participate in a school lunch program shall be provided a sack lunch or be provided lunch at the foster home or shall otherwise have lunch arranged for by or with the approval of the foster parent.

(b) The foster parent shall ensure that each foster child is provided a quantity and variety of foods sufficient to meet the child's nutritional needs and to maintain his or her health and growth.

(c) No foster child may be forced to eat against his or her wishes except by order of and under the supervision of a physician.

(10)   Education of foster children.

(a) The foster parent shall make every reasonable effort to ensure that foster children of school age in their care attend school unless otherwise excused by school officials.

(b) The foster parent shall make every reasonable effort to participate, as appropriate, in school activities involving foster children in their care.

(c) The foster parent may not provide a home-based private educational program to foster children in their care. This does not apply to homebound study under s. 118.15 (1) , Stats., or as defined in the child's individualized education program.

(d) Foster children shall be given the opportunity to develop appropriate friendships with schoolmates and to visit their friends.

(e) The foster parent shall provide suitable reading material and facilities for undisturbed reading and study for all foster children in their home who wish to read or who have homework assignments.

(f) The foster parent shall assist the agency and any contracted agency with the transfer of independent living skills to and the preparation for independent living of a foster child whose permanency plan indicates the need for these skills and preparation.

(g) The foster parent shall assist a foster child in planning for achievement of the child's educational or vocational goals.

(11)   Case records.

(a) The foster parent shall maintain a record on each foster child. The record shall contain information regarding the child for the entire duration of the placement and shall contain at least the following information:

1. The child's name, nickname and any alias by which the child is known.

2. The child's birthdate.

3. The names, addresses and telephone numbers of persons to be notified in an emergency involving the foster child.

4. The date the child was placed in the foster home.

5. The name, address and telephone number of the person or agency placing the child.

6. The name of the physician to be called in an emergency.

7. Medical information about the child, including known allergies and the dates of medical examinations, immunizations, illnesses and accidents since the time the child was placed in the foster home.

8. The name and address of the child's dentist and dates the child received dental care since the child was placed in the foster home.

9. If the child attends school while in the foster home, the name of the school and the grades the child received.

(b) The foster parent shall give the foster child's record to the child's supervising agency when the child leaves the foster home.

(c) At the request of the licensing or supervising agency, the foster parent shall make the foster child's record available for inspection by that agency. A foster child's record may also be examined by authorized representatives of the department.

(12)   Confidentiality. The foster parent and other persons in the household having access to confidential information about the foster child and his or her family may not discuss or otherwise disclose that information to any other person while the child is in the foster home or after the child leaves the foster home, except as follows:

(a) To the licensing agency or agency placing the child in the care of the licensee.

(b) To another foster parent or respite care provider as authorized by the agency, such as when another foster parent is being considered as a placement for the child or the person is providing respite for the child.

(c) By order of a court.

(d) As otherwise provided by law.

CR 00-020 : cr. Register February 2002 No. 554 , eff. 3-1-02; corrections in (2) (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) (d), (g), (m), (2) (a), (g), (3) (a), (4) (b), (5) (f), (11) (a) 4. and 8., cr. (1m), r. and recr. (7) Register September 2010 No. 657 , eff. 10-1-10; EmR1050 : emerg. cr. (1) (am), (bm), (cm), (dm), (em), (fm), (gm), (hm), (o), (1g), (1m) (d) to (g), (4) (dm), (g), (10) (g), am. (1) (h), (1m) (b), (c), (2) (a), (4) (e), r. and recr. (2) (c), r. (2) (h), (i), eff. 1-1-11; CR 10-148 : cr. (1) (am), (bm), (cm), (dm), (em), (fm), (gm), (hm), (o), (1g), (1m) (a) (title), (b) (title), (c) (title), (d) to (g), (4) (dm), (g), (10) (g), am. (1) (h), (1m) (b), (c), (2) (a), (4) (e), r. and recr. (2) (c), r. (2) (h), (i) Register August 2011 No. 668 , eff. 9-1-11; EmR1414 : emerg. cr. (1m) (cm), eff. 8-1-14; CR 14-054 : am. (1m) (b), (c), cr. (1m) (cm) Register April 2015 No. 712 , eff. 5-1-15.

Note

An example of clothing unsuitable for wear is clothing infested with lice. Microsoft Windows NT 6.1.7601 Service Pack 1 The primary intent of par. (m) is to allow a foster child to have clothes, books, recorded music and similar items which the child enjoys. If a foster parent does not wish to have certain types of such materials in his or her home, the foster parent should communicate that in writing to the licensing agency. Microsoft Windows NT 6.1.7601 Service Pack 1 In order to exceed the limit of 4 children in a foster home, any additional child must be related to one of the initial 4 children placed in the home. Microsoft Windows NT 6.1.7601 Service Pack 1 If the foster parent does not receive an authorization to provide medical care form signed by a parent or guardian, the foster parent may not be able to obtain the required medical services for the child. Without the consent of the parent or guardian, it becomes the responsibility of the placing agency to ensure that the HealthCheck physical for the child is completed. Microsoft Windows NT 6.1.7601 Service Pack 1 If the licensee leaves the foster child in the care of another person, such as a babysitter, that other person is responsible for providing the discipline in accordance with this chapter and any licensing agency policies. Microsoft Windows NT 6.1.7601 Service Pack 1 This information must be included on the form required by ch. DCF 37 . Microsoft Windows NT 6.1.7601 Service Pack 1 Disclosure of confidential information is governed by ss. 48.78 and 48.981 (7) , Stats., and other state and federal laws and regulations. Microsoft Windows NT 6.1.7601 Service Pack 1