(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.
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.
(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license or whose license was revoked may reapply for a license to any licensing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 the applicant's 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.
Note: Motor vehicle liability insurance is
required under s. 344.62, Stats.
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 the household member 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 the applicant's 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 the household member 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.
Notes
Wis. Admin. Code
Department of Children and Families
DCF 56.04
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.
Amended by,
CR 16-014: renum. (3) (intro.) to (3), r. (3) (a), (b), am. (4) (a) 9. c.
Register
June 2016 No. 726, eff. 7/1/2016
Amended by, CR 21-107: am. (4) (a) 2., 4., (b)
2., 5m.
Register
June 2022 No. 798, eff. 7/1/2022