• Rules providing levels of care that a licensed foster home is certified to provide. Those levels of care shall be based on the level of knowledge, skill, training, experience, and other qualifications that are required of the licensee, the level of responsibilities that are expected of the licensee, the needs of the children who are placed with the licensee, and any other requirements relating to the ability of the licensee to provide for those needs that the department may promulgate by rule.
• Rules establishing a standardized assessment tool to assess the needs of a child placed or to be placed outside the home, to determine the level of care that is required to meet those needs, and to place the child in a placement that meets those needs. A foster home that is certified to provide a given level of care may provide foster care for any child whose needs are assessed to be at or below the level of care that the foster home is certified to provide. A foster home that is certified to provide a given level of care may not provide foster care for any child whose needs are assessed to be above that level of care unless the department, county department, or child welfare agency issuing the foster home license determines that support or services sufficient to meet the child's needs are in place and grants an exception to that prohibition.
• Rules providing monthly rates of reimbursement for foster care that are commensurate with the level of care that the foster home is certified to provide and the needs of the child who is placed in the foster home. Those rates shall include rates for supplemental payments for special needs, exceptional circumstances, and initial clothing allowances for children placed in a foster home that is receiving an age-related monthly rate under s.
48.62 (4), Stats. In promulgating the rules, the department shall provide a mechanism for equalizing the amount of reimbursement received by a foster parent prior to the promulgation of those rules and the amount of reimbursement received by a foster parent under those rules so as to reduce the amount of any reimbursement that may be lost as a result of the implementation of those rules.
• Rules providing a monthly retainer fee for a foster home that agrees to maintain openings for emergency placements.
Section
48.67 (intro.), Stats., provides that the department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of child welfare agencies, day care centers, foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees.
Section
48.67 (4), Stats., requires that all foster parents successfully complete training in the care and support needs of children who are placed in foster care that has been approved by the department. The training shall be completed on an ongoing basis, as determined by the department. The department shall promulgate rules prescribing the training that is required under this subsection and shall monitor compliance with this subsection according to those rules.
Section
48.975 (5), Stats., provides that the department shall promulgate rules to implement adoption assistance that include the following:
• A rule defining a child with special needs, which shall include a child who the department determines has, at the time of placement for adoption, moderate or intensive difficulty-of-care problems, as defined by the department, or who the department determines is, at the time of placement for adoption, at high risk of developing those problems.
• A rule defining the substantial change in circumstances under which adoptive or proposed adoptive parents may request that an agreement made be amended to increase the amount of adoption assistance for maintenance. The definition shall include all of the following:
• Situations in which a child who was defined as a child with special needs based solely on being at high risk of developing moderate or intensive difficulty-of-care problems has developed those problems.
• Situations in which a child's difficulty-of-care problems have increased from the moderate level to the intensive level as set forth in the department's schedule of difficulty-of-care levels promulgated by rule.
• A rule establishing requirements for submitting a request to increase adoption assistance based on a substantial change in circumstances, criteria for determining the amount of the increase in adoption assistance for maintenance that the department shall offer if there has been a substantial change in circumstances and if there has been no substantiated report of abuse or neglect of the child by the adoptive or proposed adoptive parents, and the procedure to appeal the decision of the department regarding the request.
Under ss.
49.155 and
227.11, Stats., the department may promulgate rules relating to administration of the child care subsidy program.
Section
895.485 (4) (a), Stats., specifies the kinds of information about all foster children that the child's placing agency is to provide to the child's foster parent or family-operated group home parent.
Summary of proposed rules
Levels of Care
Section
48.62 (8) (a), Stats., directs the department to create rules providing levels of care for foster homes. The purpose of levels of care is to improve the placement stability, safety, and permanence of children placed in foster homes by matching their assessed needs with the skills, abilities, and capacities of caregivers.
The Department has implemented the rules on levels of care in two phases. The first level of care rule was effective January 1, 2010, and created a process to certify foster homes at Level 1 or 2 and created training requirements for foster parents who operate foster homes with a Level 1 or 2 certification. A Level 1 foster home is available only to foster parents with a child-specific license. The creation of Level 1 foster homes coincided with implementation of the statutory requirement that relative caregivers of a child placed in the caregiver's home under court order who received kinship care payments under ch.
DCF 58 apply for and obtain a foster care license if they are licensable. A Level 2 foster home is a basic foster home.
This rule creates a process to certify foster homes at Level 3 to 5. Chapter DCF 38, Treatment Foster Care for Children, is repealed and most of the requirements in ch. DCF 38 are integrated into ch. DCF 56, Foster Home Care for Children, to create a single foster care rule with progressive requirements for all foster parents and agencies. Requirements from ch.
DCF 38 that have been integrated into ch.
DCF 56 with minor modifications include requirements regarding the characteristics and responsibilities of foster parents, physical environment of foster homes, care of foster children, responsibilities of supervising and licensing agencies, and responsibilities of the treatment team.
Treatment Foster Parent Requirements under Chapter DCF 38. Under ch.
DCF 38, a treatment foster parent had to have the following qualifications:
• Experience: An applicant had to meet at least 2 criteria from a list of 5 types of education, skills, abilities, and work or personal experience with children.
• Training:
• 18 hours of pre-placement training.
• 24 hours of training in the second 12-month period following licensure.
• 18 hours of ongoing training in every subsequent 12-month period.
• Three favorable references.
Level 3 Moderate Treatment Foster Homes. For new Level 3 foster homes, a foster parent must have the following qualifications:
• Experience: An applicant must meet at least 3 criteria from a list of 7 types of education, skills, abilities, and work or personal experience with children.
• Training:
• 36 hours of pre-placement training.
• 24 hours of training during the initial licensing period, which is generally 2 years.
• 18 hours of ongoing training in each 12-month period subsequent to initial licensing period.
• Four favorable references.
Emergency rule, EmR 1050, directs licensing agencies to issue a modified license with a certification to operate a Level 3 foster home without determining the eligibility of the foster parent if on December 31, 2010, the foster parent had a license to operate a treatment foster home under ch.
DCF 38.
Level 4 Specialized Treatment Foster Homes. For new Level 4 foster homes, a foster parent must have the following qualifications:
• Experience: An applicant must meet at least 4 criteria from a list of 7 types of education, skills, abilities, and work or personal experience with children.
• Training:
• 40 hours of pre-placement training.
• 30 hours of training during the initial licensing period, which is generally 2 years.
• 24 hours of ongoing training in each 12-month period subsequent to initial licensing period.
• Four favorable references.
Emergency rule, EmR 1050, provides that no licensing agency may issue a certification to operate a Level 4 foster home without first determining the eligibility of the foster parent under the new Level 4 requirements.
Level 5 Exceptional Treatment Foster Homes. Certification to operate a Level 5 foster home is available only when an exception is granted by the department exceptions panel. An applicant for certification to operate a Level 5 foster home, in conjunction with a licensing agency, may apply for Level 5 certification if the following conditions are met:
• A placement is needed for a child with the following conditions:
• 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.
• 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.
• The child is expected to need long-term care or has needs agreed to by the department.
• All other community placement options have been investigated and determined to be unavailable or not in the best interest of the child.
A Level 5 foster home must have a program manager who is the foster parent and licensee of the foster home. A program manager must have specified education or experience and must complete 40 hours of pre-placement training, 30 hours of initial licensing training, and 24 hours of ongoing training in each 12-month period subsequent to the initial licensing period.
A Level 5 foster home must have program staff who are responsible for daily supervision of the children and direct care to the children to ensure their safety and well-being. The minimum staff ratios for program staff are one program staff person for every 2 children during waking hours and one program staff person for every 4 children during sleeping hours. An applicant for a program staff position must have specified education and experience and have a background check, favorable references, and, if hired, a health exam. Before working independently with a child, program staff must complete 40 hours of pre-placement training and work with qualified experienced program staff or similar professionals for at least the first 80 hours of employment. Program staff must also complete 24 hours of ongoing training in each year of employment subsequent to the initial year of employment.
The department exceptions panel has been granting exceptions to operate shift-staffed treatment foster homes under DCFS Memo Series 2006-15. Emergency rule, EmR 1050, directs licensing agencies to issue a modified license with a certification to operate a Level 5 foster home to a foster parent who, on December 31, 2010, had been granted an exception to operate a shift-staffed treatment foster home by the department exceptions panel.
Assessment of Needs and Strengths
Section
48.62 (8) (b), Stats., directs the department to create rules establishing a standardized assessment tool to assess the needs of a child placed or to be placed outside the home, to determine the level of care that is required to meet those needs, and to place the child in a placement that meets those needs.
The rule provides that a placing agency shall assess each foster child before placement in a foster home or within 30 days after the child's placement. A placing agency shall assess each foster parent in relation to the child placed within 30 days after the child's placement in the foster home. A placing agency shall reassess each foster child and the child's foster parent within 6 months after the child's last assessment or reassessment. The placing agency, licensing agency, or foster parent may request a reassessment more frequently. The person who will administer the tool will first review the child's case record; interview or collect information from an individual who has interviewed the child, child's family, foster parent or other out-of-home care provider, the child's team or treatment team, and the licensing agency; and review information gathered in collaboration with the child's team or treatment team and the licensing agency. The person administering the standardized assessment tool will rate the child's needs and strengths relative to what is developmentally appropriate for a child of a similar age and the foster parent's needs in relation to that child to determine how to support the placement stability of the child with that foster parent.
The placing agency will use information from the assessment of a child, child's family, the foster parent, the supervising agency, and the licensing agency for all of the following:
• To communicate information about the needs and strengths of the child and child's family.
• To assist with determining the child's service needs and developing the child's plan of care.
• To determine a level of need of 1/2, 3, 4, 5, or 6 for the child.
• To inform decisions regarding a placement at a level of care that is appropriate to meet the child's level of need.
• To evaluate the match between the knowledge, skills, and abilities of a foster parent and the needs and strengths of a child.
• To assist in the development of services and supports needed for a specific child and foster parent to promote the stability of the placement.
• To provide a mental health screen to all children entering foster care.
• To determine any supplemental payments for a child's special needs.
• To determine any supplemental payments for purposes of an adoption assistance agreement under s.
48.975, Stats., and ch.
DCF 50.
A placing agency, in accordance with a licensing agency, may place a child in a foster home that is certified to provide a given level of care if the child's level of need is at or below the level of care that the foster home is certified to provide. A placing agency may place a child with a level of need that is higher than the level of care that a foster home is certified to provide if the placing agency grants an exception and documents in the child's electronic case record what services and supports will be provided to meet the child's needs. A child whose level of need is lower than 5 may not be placed in a Level 5 foster home, except for continuation of an existing placement during planning for the child's transition to a less restrictive setting following a reassessment.
Supplemental Payments, Exceptional Payments, and Retainer Fee
Supplemental Payments. A placing agency shall make supplemental payments to a foster parent for a child's special needs. The placing agency shall determine the amount of a supplemental payment based the total of the following:
• `Identified needs and strengths.' A dollar amount determined by the department multiplied by the total points assigned to represent items in which a child has moderate and intensive special needs and items in which a child has no strengths and an identified strength. Points assigned in the following areas are considered in determining a supplemental payment:
• Adjustment to trauma.
• Life functioning, including physical, mental, and dental health; relationships with family members; and social skills.
• Functioning in a child care or school setting.
• Strengths.
• Behavioral and emotional needs.
• Risk behaviors.
• Child's language.
• `Level of care higher than level of need.' An amount determined by the department if a foster home's level of care certification is higher than the level of need of a child placed in the foster home and the foster home has a Level 3 or 4 certification.
Exceptional Payments. A placing agency may make exceptional payments to a foster parent to accomplish any of the following:
• Enable the child to be placed or remain in a foster home instead of being placed or remaining in a more restrictive setting.
• Enable the placement of siblings or minor parent and minor children together.
• Assist with transportation costs to the school the child was attending prior to placement in out-of-home care.
• Replace a child's basic wardrobe that has been lost or destroyed in a manner other than normal wear and tear.
• For a child placed in a foster home before February 21, 2011, and who remains placed in that foster home, equalize the total monthly payment amount lost by the child's foster parent due to implementation of the new method of determining supplemental payments.
The Fostering Connections to Success and Increasing Adoptions Act of 2008 allows the state to claim federal funds for expenses to assist a foster child with transportation costs to the school the child was attending prior to placement in out-of-home care.
Retainer Fee. A placing agency may provide a monthly retainer fee to a foster parent to maintain openings in a foster home for emergency placements. This fee may not be considered part of the foster care payment for a specific child.
Other
• 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.
• The rule incorporates provisions of DSP Memo Series 2009-05 that was jointly issued by the Department of Health Services and the Department of Children and Families. It provides that 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. If physical restraint is necessary, the rule provides certain prohibited practices.
• Supplemental payments for adoption assistance agreements entered into before February 21, 2011, will continue to use the method of determining supplemental payments under s. DCF 56.11 (3), which is renumbered to be s. DCF 50.042 (3). Supplemental payments for adoption assistance agreements entered into on or after February 21, 2011, will use the new method of determining supplemental payments under s.
DCF 56.23.
Summary of factual data and analytical methodologies
