The hearing sites are fully accessible to people with disabilities.

Pursuant to ss. 48.66 (1) and 48.62 (4), Stats., the Department of Health and Family Services is required to promulgate administrative rules relative to the licensing of foster homes in the State of Wisconsin. Under Title IV-E of the Social Security Act and best practices implemented in this state, these administrative rules are to be reviewed periodically and updated as necessary. The last major revisions to ch. HSS 56 occurred in 1990.

Due to the significant number of changes proposed in this revision to the rules, the Department is proposing to repeal the existing ch. HSS 56 and recreate the rules as ch. HFS 56. The primary changes to the rule include:

1) Many clarifications of previously existing requirements;

2) The creation of the Department Exceptions Panel;

3) Requirements related to the foster parent insurance program and rate setting;

4) Prohibitions on discrimination;

5) Qualitative requirements for potential foster parents;

6) Mandatory reporting of child abuse and neglect by foster parents;

7) Searches of children's belongings and living areas;

8) Restrictions of physical confinement of children;

9) The use of tobacco products by foster children; and

10) Requirements related to school attendance.

To find out more about the hearings, write, phone or e-mail:

To obtain copies of the proposed rules, call (608) 266-3036.

If you are hearing- or visually-impaired, do not speak English, or have other personal circumstances which might make communication at the hearings difficult and if you, therefore, require an interpreter, or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Written comments on the proposed rules received at the above address no later than Wednesday, May 31, 2000 will receive the same consideration as testimony presented at the hearings.

Assumptions used in arriving at fiscal estimate:

This order updates the Department's rules for licensing foster homes for children. A foster home provides care and maintenance for up to 4 children placed in the home either by a court or by arrangement between their parents and the foster parents, or for up to 6 children if necessary to keep siblings together. The Department's rules have not been updated since 1990.

The revised rules establish a Department Exceptions Panel of at least 3 members to consider requests that the Department make an exception to any nonstatutory requirement that the licensing agency cannot grant on its own; give more attention to the qualifications of foster parents; make it easier to modify a license; require that the licensing agency have written acknowledgement from a foster parent that the foster parent has received specified information from the agency; require that foster parents inform the licensing agency if they hold other pertinent licenses; give guidance to foster parents for searches of the private belongings of foster children; prohibit the use of mechanical restraints on foster children; expand requirements relating to bath and toilet facilities to reduce the need for rule interpretation; require compliance with the Caregiver Background Check Law and implementing administrative rules; and incorporate a recent statute change that permits placement of up to 6 children in a foster home if necessary to keep siblings together.

Licensing agencies are the Department, county social service and human service departments and private child-placing agencies. Department staff will operate the Department Exceptions Panel but the panel will consider only requests for exceptions that licensing agencies do not have the authority to grant. The panel will likely average 2 requests a month.

The rules will not affect the expenditures or revenues of state government or local governments. The rules will have little or no effect on individuals who apply for a foster home license under these rules.

These proposed rules will affect all persons applying for or renewing a license to operate a foster home or treatment foster home. The proposed rules will also affect the Department of Health and Family Services, county agencies under ss. 46.215, 46.22 and 46.23, Stats., and licensing child-placing agencies.

These proposed rules do not affect small businesses as defined in s. 227.114 (1) (a), Stats., because foster homes are not small businesses. Payments to foster parents are not income for tax purposes, but rather are for meeting the needs of the foster child.

Notice is hereby given that pursuant to the authority granted under s. 601.41(3), Stats., and the procedure set forth in under s. 227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting ss. Ins 17.01 (3), 17.28 (6), and 17.28 (6a), Wis. Adm. Code, relating to annual patients compensation and mediation fund fees for the fiscal year beginning July 1, 2000.