Section 56.13. Foster home level of care certification.

 

(1)   Child specific license.

(a) In this section, "child-specific license" means a license to operate a foster home that is issued to a relative of a child or an individual who has a previous existing relationship with the child or the child's family.

(b) A child-specific license may remain valid with any granted waivers or exceptions for the duration of the licensing period or up to 6 months after the child returns home or is placed elsewhere, whichever occurs first.

(c) A foster home operated by a foster parent with a child-specific license may be certified at any level of care.

(2)   Certification. A licensing agency shall certify each foster home for a level of care under subs. (3) to (7) commensurate with the foster parent's knowledge, training, skills, experience, and relationship to the child in accordance with the licensing agency's programming and capacity.

(3)   Level 1 child-specific foster home.

(a) Child-specific license . A licensing agency may grant a Level 1 certification only to a foster home operated by a foster parent with a child-specific license.

(b) Training . Each foster parent who operates a Level 1 foster home shall complete a minimum of 6 hours of pre-placement training under s. DCF 56.14 (6) before or after the placement of a child but no later than 6 months after the date of initial licensure.

(4)   Level 2 basic foster home.

(a) Training .

1.

a. Each foster parent who operates a Level 2 foster home shall complete a minimum of 6 hours of pre-placement training under s. DCF 56.14 (6) before or after initial licensure but prior to the placement of any child in the home.

b. Notwithstanding subd. 1. a. , each foster parent with a child-specific license who operates a Level 2 foster home shall complete the pre-placement training under s. DCF 56.14 (6) before or after the placement of a child but no later than 6 months after the date of initial licensure.

2. Each foster parent who operates a Level 2 foster home shall complete a minimum of 30 hours of initial licensing training under s. DCF 56.14 (7) during the initial licensing period.

3. Each foster parent who operates a Level 2 foster home shall complete 10 hours of ongoing training under s. DCF 56.14 (8) in each 12-month period of licensure subsequent to the initial licensing period.

(b) References. An applicant for certification to operate a Level 2 foster home shall submit at least 3 favorable reference letters written by persons unrelated to the applicant. A reference letter shall include a statement indicating how long the person giving the reference has known the applicant, under what circumstances he or she knows the applicant, and his or her knowledge of the applicant's characteristics under s. DCF 56.05 (1) (b) .

(5)   Level 3 moderate treatment foster home.

(a) Licensee experience .

1. An applicant for certification to operate a Level 3 foster home shall have at least 3 of the following:

a. A minimum of one year of experience as a foster parent or kinship care provider with a child placed in his or her home for at least one year.

b. A minimum 5 years of experience working with or parenting children.

c. A minimum of 500 hours of experience as a respite care provider for children under the supervision of a human services agency.

d. A high school diploma or the equivalent.

e. A college, vocational, technical, or advanced degree in the area of a child's treatment needs, such as nursing, medicine, social work, or psychology.

f. A substantial relationship with the child to be placed through previous professional or personal experience.

g. Work or personal experience for which the applicant has demonstrated the knowledge, skill, ability, and motivation to meet the needs of a child with a level of need of 3.

2. If an applicant for certification to operate a Level 3 foster home relies on experience that meets the requirements in subd. 1. b. or f. as one of the 3 required criteria in this paragraph, the applicant shall also meet one of the criteria in subd. 1. a. , c. , e. , or g.

(b) Training .

1. Each foster parent who operates a Level 3 foster home shall complete a minimum of 36 hours of pre-placement training under s. DCF 56.14 (6d) before or after initial licensure but prior to the placement of any child in the home.

2. Each foster parent who operates a Level 3 foster home shall complete a minimum of 24 hours of initial licensing training under s. DCF 56.14 (7e) during the initial licensing period.

3. Each foster parent who operates a Level 3 foster home shall complete 18 hours of ongoing training under s. DCF 56.14 (8) in each 12-month period of licensure subsequent to the initial licensing period.

(c) References . An applicant for certification to operate a Level 3 foster home shall submit at least 4 favorable reference letters, as follows:

1. `From whom.'

a. Three of the letters shall be written by persons unrelated to the applicant. At least one of these reference letters shall be regarding the applicant's qualifications under par. (a) 1. , excluding par. (a) 1. d.

b. The fourth favorable reference letter shall be from a relative, preferably from an adult child if applicable.

2. `Content.' Each reference letter shall include a statement indicating all of the following:

a. How long the person giving the reference has known the applicant.

b. Under what circumstances he or she knows the applicant.

c. His or her knowledge of the applicant's qualifications and characteristics under s. DCF 56.05 (1) (b) .

(6)   Level 4 specialized treatment foster home.

(a) Licensee experience .

1. An applicant for certification to operate a Level 4 foster home shall have at least 4 of the following:

a. A minimum of one year of experience with children with a level of need of 3 as a foster parent or kinship care provider with a child placed in his or her home for at least one year.

b. A minimum of 5 years of experience working with or parenting children.

c. A minimum of 500 hours of experience as a respite care provider for children under the supervision of a human services agency.

d. A high school diploma or the equivalent.

e. A college, vocational, technical, or advanced degree in the area of a child's treatment needs, such as nursing, medicine, social work, or psychology.

f. A substantial relationship with the child to be placed through previous professional or personal experience.

g. Work or personal experience for which the applicant has demonstrated the knowledge, skill, ability, and motivation to meet the needs of children with a level of need of 4.

2. If an applicant for certification to operate a Level 4 foster home relies on experience that meets the requirements in subd. 1. b. or f. as one of the 4 required criteria in this paragraph, the applicant shall also meet one of the criteria in subd. 1. a. , c. , e. , or g.

(b) Training .

1. Each foster parent who operates a Level 4 foster home shall complete a minimum of 40 hours of pre-placement training under s. DCF 56.14 (6h) before or after initial licensure but prior to the placement of any child in the home.

2. Each foster parent who operates a Level 4 foster home shall complete a minimum of 30 hours of initial licensing training under s. DCF 56.14 (7e) during the initial licensing period.

3. Each foster parent who operates a Level 4 foster home shall complete 24 hours of ongoing training under s. DCF 56.14 (8) in each 12-month period of licensure subsequent to the initial licensing period.

(c) References . An applicant for certification to operate a Level 4 foster home shall submit at least 4 favorable reference letters as follows:

1. `From whom.'

a. Three of the letters shall be written by persons unrelated to the applicant. At least one of these reference letters shall be regarding the applicant's qualifications under par. (a) 1. , excluding par. (a) 1. d.

b. The fourth favorable reference letter shall be from a relative, preferably from an adult child if applicable.

2. `Content.' Each reference letter shall include a statement indicating all of the following:

a. How long the person giving the reference has known the applicant.

b. Under what circumstances he or she knows the applicant.

c. His or her knowledge of the applicant's qualifications and characteristics under s. DCF 56.05 (1) (b) .

(7)   Level 5 exceptional treatment foster home.

(a) Need for Level 5 . An applicant for certification to operate a Level 5 foster home, in conjunction with a licensing agency, may apply to the department exceptions panel if all of the following circumstances exist:

1. A placement is needed for a child with the following conditions:

a. The child has behaviors or conditions that require a high degree of supervision and overnight awake care that is provided by program staff who rotate shifts within a 24-hour period.

b. The child will benefit from a home-like environment that has fewer children than a group home or residential care center for children and youth.

c. The child is expected to need long-term care or has needs agreed to by the department.

2. All other community placement options have been investigated and determined to be unavailable or not in the best interest of the child.

(b) Clarify specific and limited circumstances before submitting an application . Prior to submitting an application to operate a Level 5 foster home, a licensing agency shall inform the department exceptions panel chairperson of the agency's intent, discuss the agency's plans, and clarify department requirements for certification of a Level 5 foster home.

(c) Application . An application for certification to operate a Level 5 foster home shall be on a form prescribed by the department and shall include all of the following:

1. A program description, information on personnel, and information on a specific child or the population to be served.

2. If for a specific child, letters on the appropriateness of a Level 5 foster home for the child from parents, therapists, social workers, physicians, and other professionals who are currently working with the child.

(d) Level 5 is the only shift-staffed foster home . A foster parent may do any of the following only if the foster home has a Level 5 certification:

1. Live in a residence that is not the foster home.

2. Provide less than 50 percent of a child's care.

(e) Program manager .

1. `Responsibilities.' A licensing agency shall ensure that each Level 5 foster home has a program manager who is the foster parent and licensee for the Level 5 foster home. In conjunction with the program manager, a licensing, placing, or supervising agency shall oversee program operation and development of a Level 5 foster home and do all of the following:

a. Review the appropriateness of admission of each child to the Level 5 foster home with the licensing agency.

b. Participate in developing, reviewing, and updating child assessments and treatment plans.

c. Provide technical assistance to program staff and the licensing, placing, and supervisory agencies, including supervision, support, consultation, coaching, staff development, and staff monitoring.

d. Periodically review and update the Level 5 foster home policies and procedures.

e. Oversee the day-to-day operations of the Level 5 foster home, including hiring, training, and evaluating program staff.

f. Participate in the child treatment team as the foster parent.

3. `Management skills.' An applicant to be a program manager of a Level 5 foster home shall have either of the following:

a. Previous employment as a manager or supervisor.

b. A professional development plan to develop management and supervisory skills.

4. `Education or experience in human services.' An applicant for a program manager position for a Level 5 foster home shall have at least one of the following:

a. A 4-year college degree from an accredited college or university with a major in social work; sociology; special education; psychology; counseling and guidance; criminal justice; nursing, certified nursing assistant, or other health related field; education; or any other area in a human services field as approved by the department.

b. Two years of supervised full-time work experience in an out-of-home care program or assisted living program with adults.

c. Personal experience with a family member who has needs similar to the population to be served.

5. `Pre-placement training.' A program manager for a Level 5 foster home shall complete a minimum of 40 hours of pre-placement training under s. DCF 56.14 (6p) before or after initial licensure but prior to the placement of any child in the home.

6. `Initial licensing training.' A program manager for a Level 5 foster home shall complete a minimum of 30 hours of initial licensing training under s. DCF 56.14 (7s) during the initial licensing period.

7. `Ongoing training.' A program manager for a Level 5 foster home shall complete a minimum of 24 hours of ongoing training under s. DCF 56.14 (8) in each 12-month period of licensure subsequent to the initial licensing period.

(f) Program staff .

1. `Staff ratios.' A Level 5 foster home shall have program staff in sufficient numbers to meet the following staff ratios:

a. One program staff person for every 2 children during waking hours.

b. One program staff person for every 4 children during sleeping hours.

2. `Ratios are minimum.' A licensing, placing, or supervising agency or the department may require the number of program staff on duty to be higher than the minimum requirements in subd. 1. as necessary to meet the needs of the children placed and to ensure their safety and welfare.

3. `Responsibilities.' Program staff shall be responsible for daily supervision of the children and direct care to the children to ensure their safety and well-being.

4. `Qualifications.' An applicant for a program staff position shall have at least one of the following qualifications:

a. A bachelor or associates degree from an accredited college or university with a major in a field specified in par. (e) 4. a.

b. Current enrollment in and regularly attending an accredited college or university with a major in a field specified in par. (e) 4. a.

c. At least one year of full-time experience working in a formal program with the type of child population served by the Level 5 foster home where the applicant is applying for employment.

d. Certification as a child and youth care worker under the standards of the Wisconsin Association of Child and Youth Care Professionals or other department-recognized certifying authority.

e. Completion of a traineeship program in which program staff work with qualified, experienced program staff for at least the first 120 hours of employment before working independently with a child.

5. `Age.' A program staff person who is hired or contracted for on or after January 1, 2011, shall be at least 21 years old.

6. `Hiring and employment.' Before an applicant for a program staff position in a Level 5 foster home begins employment, the program manager shall do all of the following regarding the applicant:

a. Conduct and document a caregiver background check pursuant to s. 48.685 , Stats., and ch. DCF 12 .

b. Make a determination that the applicant has the capacity to successfully nurture and care for children and does not have a history of a civil action, criminal conviction, or administrative rule violation that substantially relates to the care of a child or a history of exercising unsound judgment or abuse of alcohol or drugs.

c. Make a determination that the applicant has not had a license to operate a foster home, group home, or residential care center for children and youth revoked or denied within the last 2 years.

d. Obtain favorable references from at least 3 non-relatives, with documentation by letter or by notes of a verbal contact. Documentation shall include how long the person giving the reference has known the applicant, under what circumstances he or she knows the applicant, and his or her knowledge of the applicant's qualifications.

7. `Health exam.' Upon hire and before working with residents, a program manager shall require each program staff person to have a tuberculosis test and provide a statement from a physician, physician assistant, or a HealthCheck provider that the program staff person meets the minimum physical requirements of the position, is in general good health, and does not have a communicable disease. The statement shall be based on a medical examination performed within the previous 6 months.

8. `Health concerns.' If a licensing agency or the department has reason to believe that the physical or mental health of a program staff person for a Level 5 foster home may pose a threat of harm to children or to the quality and manner of their care or that the program staff person is not able to provide responsible care for children, the licensing agency or the department may require that the program staff person submit a written statement from a physician or, if appropriate, a licensed mental health professional on the physical or mental condition of the program staff person and the possible effect of that condition on the foster home or the children in care.

9. `Background check.' A program manager of a Level 5 foster home shall require each program staff person to complete a background information disclosure form designated by the department and shall conduct a caregiver background check under s. 48.685 , Stats., and ch. DCF 12 every 4 years or at any time within that period.

10. `Training and orientation.' Each program staff person who provides care for a child in a Level 5 foster home shall do all of the following before working independently with a child:

a. Complete a minimum 40 hours of pre-placement training under s. DCF 56.14 (6t) .

b. Work with qualified, experienced program staff or similar professionals for at least the first 80 hours of employment.

11. `Ongoing training.' Each program staff person who provides care for a child in a Level 5 foster home shall complete a minimum of 24 hours of ongoing training under s. DCF 56.14 (8) in each year of employment subsequent to the initial year of employment.

(g) Volunteers . Each volunteer used by a Level 5 foster home shall be supervised by a program staff person and may not work independently with a child. Before a volunteer may begin performing activities, the program manager shall do all of the following:

1. Notify the licensing agency.

2. Orient the volunteer to the activities that the volunteer may perform as specified in the foster home's personnel policies and procedures.

3. Get permission from the child's parent or guardian to allow the volunteer to perform the activities.

4. Require each volunteer to maintain in confidence all information about the foster child and the child's family.

(h) Placements into a Level 5 foster home .

1. `Last community option.' A licensing agency and program manger shall only consider placing a child into a Level 5 foster home as the last community placement option when all other community placement options have been investigated and deemed to be unavailable or not in the best interest of the child and the child benefits from a more home-like environment with fewer children than that provided in a group home or residential care center for children and youth.

2. `Compatibility with other children.' Before a new child is placed in a Level 5 foster home, a licensing agency and the program manager shall evaluate the compatibility of this child with the children currently placed in the home. The placement of a child in a Level 5 foster home may not displace or endanger the health, safety, or well-being of any child currently placed in the foster home.

3. `Coordinate transitions.' A licensing agency and the program manager of a Level 5 foster home shall carefully plan and coordinate transitions into and out of a Level 5 foster home with special consideration to the school the child will attend, medical and mental health providers, community-based services, and disabled adult long-term support program services.

4. `Medically-fragile child.' A licensing agency and the program manager shall ensure that the treatment plan for a medically-fragile child who is placed in a Level 5 foster home includes emergency medical protocols.

5. `Waiver funding.' A licensing agency and the program manager shall notify the department of health services if there is or will be an application submitted to support a child's placement in a Level 5 foster home with funding under the disabled children's long-term support program as defined in s. 46.011 (1g) , Stats.

(m) Respite care . A Level 5 foster home may only provide respite care to a child who was previously placed in the home, a child specifically identified and approved by the department on a planned basis, or a child who has needs agreed to by the department.

(n) Interagency memorandum of understanding . If a requirement in this chapter is not designated as the responsibility of a licensing agency, placing agency, or supervising agency, all agencies involved in providing care and maintenance, supervision, or services for a child placed in a Level 5 foster home shall enter a memorandum of understanding to determine responsibility for all requirements for which responsibility is not designated.

(8)   Level 3 to 5 foster care. The foster care provided for a child with a level of need of 3 or higher in a foster home with a certification of Level 3 to 5 shall do all of the following:

(a) Use a family-based and community-based approach to treatment for a child with physical, mental, medical, substance abuse, cognitive, intellectual, behavioral, developmental, or similar problems.

(b) Make efforts to change the behavior or ameliorate the condition that, in whole or in part, resulted in the child's separation from his or her family.

(c) Use specially selected and specifically trained foster parents who are the primary change agents in the treatment process and who have shared responsibility for implementing the child's treatment plan with other treatment team members.

EmR0937 : emerg. cr. eff. 1-1-10; CR 10-021 : cr. Register September 2010 No. 657 , eff. 10-1-10; EmR1050 : emerg. renum. (1) to be (1) (a), (b) and am., cr. (1) (c), (5) to (8), am. (title), (1) (title), (2), (3), (4) (title), (a) 1., 2., 3., (b), eff. 1-1-11; CR 10-148 : renum. (1) to be (1) (a), (b) and am., cr. (1) (c), (5) to (8), am. (title), (1) (title), (2), (3), (4) (title), (a) 1., 2., 3., (b) Register August 2011 No. 668 , eff. 9-1-11; correction in (7) (h) 4., 5. made under s. 13.92 (4) (b) 1. , Stats., Register August 2011 No. 668 ; correction in (7) (f) 6. a. and 9. under s. 13.92 (4) (b) 1. , Stats., Register June 2016 No. 726 .

Note

A foster parent with a child-specific license often does not actually receive this training before placement of the child but it is still referred to as "pre-placement training." Microsoft Windows NT 6.1.7601 Service Pack 1 A foster parent with a child-specific license often does not actually receive this training before placement of the child but it is still referred to as "pre-placement training." Microsoft Windows NT 6.1.7601 Service Pack 1 A foster home with a Level 4 or lower certification level and additional staff that provide less than 50% of a child's care should be considered as the first option when the child needs additional treatment or services. Microsoft Windows NT 6.1.7601 Service Pack 1 An application for certification of a Level 5 foster home, DCF-F-2559-E-E, can be found on the department website at http://dcf.wisconsin.gov/children/foster/forms/formsINDX.htm . Microsoft Windows NT 6.1.7601 Service Pack 1 A copy of the standards of the Wisconsin Association of Child and Youth Care Professionals can be obtained from the www.wacycp.org or 161 W. Wisconsin Avenue, Milwaukee, WI 53202; telephone [phone]. Microsoft Windows NT 6.1.7601 Service Pack 1 This is an additional 40 hours to the 80 hours required under s. DCF 56.13 (7) (f) 10. b. Microsoft Windows NT 6.1.7601 Service Pack 1 For help in determining whether a civil action, criminal conviction, or administrative rule violation is substantially related to the care of children, consult s. DCF 12.06 . Microsoft Windows NT 6.1.7601 Service Pack 1 A HealthCheck form may be obtained by contacting the local public health department. Microsoft Windows NT 6.1.7601 Service Pack 1 Under s. 46.011 (1g) , Stats., the "disabled children's long-term support program" means the programs described under 2001 Wisconsin Act 16 , section 9123 (16rs) or 2003 Wisconsin Act 33 , section 9124 (8c) . Microsoft Windows NT 6.1.7601 Service Pack 1