Care of a foster child

Care of a foster child. (1) General. A foster parent shall provide care that meets the following conditions: (a) Is respectful toward the cultural beliefs, attitudes, and behaviors of a foster child and their family. (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. (2) Supervision. (a) A foster parent may not leave a foster child under 10 years of age without supervision by a responsible care provider. (b) A foster parent shall do all of the following: 1. Ensure that a foster child receives responsible supervision appropriate to their age, maturity, and abilities. 2. Use the reasonable and prudent parenting standard to determine whether a foster child may be unsupervised. (c) 1. A foster parent may do all of the following: a. Use a video or audio monitor inside the foster home to monitor a foster child who is under 2 years of age. b. Use a video or audio monitor inside the foster home to monitor a foster child who is 2 years of age or over only if there is a specific safety need that can only be met through the use of video or audio monitoring and the supervising agency approves. c. Take a video or audio recording of a social or recreational activity in which a foster child is participating. 2. A foster parent may not record the video or audio used for monitoring a foster child inside the foster home. (3) Reasonable and prudent parent standard. (a) Promote normalcy. A foster parent shall promote normalcy for a foster child by using the reasonable and prudent parent standard when making a decision concerning the foster child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities. (b) Decision-making factors. When applying the reasonable and prudent parenting standard, the foster parent shall consider all of the following: 1. The health, safety, and best interests of the foster child. 2. The physical and emotional developmental level of the foster child. 3. The foster child’s wishes, as gathered by engaging the foster child in an age-appropriate discussion about participation in the activity. 4. The cultural, religious, and tribal values of a foster child and the foster child’s family. If reasonably possible to do so, the foster parent shall consult with the foster child’s parent, guardian, legal custodian, or Indian custodian about the foster child’s participation in extracurricular, enrichment, cultural, and social activities and the foster child’s cultural, religious, and tribal values, in making decisions concerning the foster child’s participation in those activities, but is not required to consult with the parent, guardian, legal custodian, or Indian custodian about every decision affecting the foster child. If the foster parent is unable to consult with the foster child’s parent, guardian, legal custodian, or Indian custodian, they shall consult with the supervising agency about any cultural, religious or tribal values to be considered. 5. Court orders and other legal considerations affecting the foster child, including the prohibitions in par. (f) . 6. Potential risks of the activity under consideration. 7. Whether the foster child has the necessary training and safety equipment to safely participate in the activity under consideration. 8. Whether participating in the activity will provide an experience that is similar to the experiences of the foster parent’s children and other children in the home. 9. Developmental activities of peers. 10. Information on the forms required under ch. DCF 37 . (c) Indian child. If the foster child is an Indian child, the supervising agency shall ask the foster child’s parent, guardian, or Indian custodian and the Indian child’s tribe about specific tribal values and customs and provide this information to the foster parent. (d) Conflicting appointments. If an activity that promotes normalcy conflicts with a scheduled family interaction, therapy, or other appointment, the foster parent shall consult with the foster child’s child welfare professional about whether the activity can be accommodated. (e) Foster child’s hair. 1. If a foster child is under 12 years of age, the following provisions apply regarding the foster child’s hair: a. The foster parent may not provide hair care or authorize any hair care services that would significantly change the style, cut, or color of the foster child’s hair without permission from the foster child’s parent, guardian, legal custodian, or Indian custodian. b. The foster parent may provide hair care or authorize hair care services needed to maintain the style, cut, and color of the foster child’s hair. 2. A foster child who is 12 years of age or older may make their own hair care decisions without authorization from the foster parent or the foster child’s parent, guardian, legal custodian, or Indian custodian. (f) Prohibitions. A foster parent may not do any of the following: 1. Permit the foster child to participate in an activity that would violate a court order or any federal or state statute, rule, or regulation. 2. Make a decision that conflicts with the foster child’s permanency plan or family interaction plan. 3. Consent to the foster child’s marriage. 4. Authorize the foster child’s enlistment in the U.S. armed forces. 5. Authorize medical, psychiatric, or surgical treatment for the foster child beyond the terms of the consent for medical services authorized by the foster child’s parent, guardian, legal custodian, or Indian custodian. 6. Represent the foster child in a legal action or make a decision of substantial legal significance. 7. Determine which school the foster child attends or make a decision for the foster child regarding an educational right or requirement that is provided in federal or state law. 8. Require or prohibit a foster child’s participation in an age or developmentally appropriate extracurricular, enrichment, cultural, or social activity solely for the foster parent’s own convenience or based solely on the foster parent’s own values. (4) Agency approval. (a) A foster parent shall secure approval from the supervising agency before taking a foster child out of state for more than 48 hours. (b) A foster parent shall secure approval from 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 more than 72 hours. (5) Family interaction plan. (a) A foster parent shall follow the family interaction plan that was developed by the placing agency with input from the foster child’s parent, guardian, or Indian custodian. (b) The foster parent and the supervising agency shall coordinate transportation for visits required under the family interaction plan. (6) Personal belongings. Any personal belonging that a foster child had when placed in the foster home, that was purchased on behalf of the foster child with public funds, that the foster child received as a gift or earned, including money, belong to the foster child and the foster child shall take them when the placement ends, unless the items are permanently affixed to the foster home. (7) Household chores. (a) A foster parent may require a foster child to share in household chores appropriate to the foster child’s age, degree of maturity, mental capability, health, and physical ability. These duties shall be similar to those required of other children in the home and may not interfere with a foster child’s school attendance, family visits, sleep, studies, or cultural practices or traditions, including religious practices. (b) A foster parent shall compensate a foster child in the same manner that other children in the home are compensated for household chores or labor that goes beyond household chores. (c) A foster child may not be expected to perform labor that goes beyond household chores or financially benefits the foster parent without the foster child’s agreement and approval of the foster child’s parent, guardian, legal custodian, or Indian custodian and approval of the supervising agency. (8) Health of a foster child. (a) A foster parent shall complete the act of scheduling an appointment with the foster child’s medical provider within the first 30 days after placement, unless the foster child is current on medical well-child checks and vaccinations. (b) A foster parent shall ensure that the foster child receives medical and dental treatment based on the recommended preventative pediatric health care schedule for continued well-child checks and twice-yearly dental cleanings. (c) A foster parent shall ensure that a foster child who needs medical, dental, mental, or behavioral health attention receives appropriate and adequate services promptly.