Wis. Admin. Code DCF 56.135
Level 5 foster homes
Cite as Wis. Admin. Code DCF § 56.135
Level 5 foster homes.
(1) Development.
(a) Need for Level 5. A licensing, placing, or supervising agency may consider developing a Level 5 foster home if the following circumstances exist:
1. A placement is needed for a child with all of the following conditions:
a. The child has behaviors or conditions that require a high degree of supervision and overnight awake care 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 a similar care setting as an adult or has needs agreed to by the department.
2. All other community placement options have been investigated and determined to not be in the best interest of the child.
(b) Preapproval to begin child-specific planning for a Level 5 foster home. Prior to submitting an application for certification of a Level 5 foster home, a licensing agency or placing agency or supervising agency shall submit a completed form prescribed by the department to request preapproval from the department Level 5 panel to begin the development of a Level 5 foster home for the specific child meeting the conditions in par. (a) .
(c) Application for certification of a Level 5 foster home.
1. If preapproval under par. (b) is granted, the licensing agency, in collaboration with the placing agency, supervising agency, and the proposed foster parent, shall submit the following information to the department Level 5 panel to request certification of a Level 5 foster home:
a. A completed application form prescribed by the department.
b. Information on the specific child to be placed in the foster home.
c. A description of the programming and services that the foster parent and program staff will provide for the foster child.
d. The qualifications of the proposed foster parent to meet the needs of the specific child to be placed in the home.
e. The qualifications of the proposed program staff to meet the needs of the specific child to be placed in the foster home and the proposed program staff-to-child ratios.
f. A crisis or behavioral support plan specific to the child to be placed in the foster home.
2. The licensing agency, in collaboration with the placing agency, supervising agency, and the proposed foster parent, shall participate in a site visit with the department and other persons on the child’s treatment team. The site visit may be in person or virtual as determined by the department. All of the following shall be discussed at the site visit:
a. The plan for the child’s transition to the Level 5 foster home and integration into the community.
b. The plan to support the child’s educational needs.
c. The programs and services that the child will be engaged in while placed in the Level 5 foster home, both formal and informal.
d. The family interaction plan.
e. If the child is age 16 or over, the plan for the child’s transition to adult care.
3. The department Level 5 panel shall, in writing, indicate its approval or denial of an application to operate a Level 5 foster home within 20 working days after the department receives the application from the licensing agency and has all the information required to make its decision.
(d) 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 foster 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.
(2) Licensing agency responsibilities. The licensing agency shall do all of the following:
(a) Ensure that each Level 5 foster home has a foster parent qualified to operate the foster home.
(b) In conjunction with the foster parent, placing agency, and supervising agency, oversee program development and operation of the Level 5 foster home and do all of the following:
1. Review the appropriateness of admission of each child to the Level 5 foster home.
2. Participate in developing, reviewing, and updating each foster child’s assessments and treatment plans.
3. Provide technical assistance to the foster parent on the development, supervision, and support of program staff.
4. Periodically review and update the Level 5 foster home policies and procedures.
(c) Review and maintain records on the foster parent, program staff, and volunteers, including all of the following:
1. Completed background information disclosures and background check results documenting that the background check requirements under s. 48.685 , Stats., and s. DCF 56.055 are met.
2. Documentation that the foster parent and program staff have completed the training and orientation required under subs. (6) (b) and (7) (j) and (k) .
(3) Placements into a level 5 foster home.
(a) Last community option. The licensing agency and foster parent shall only consider placing a child into a Level 5 foster home as the last community placement option when the conditions in s. DCF 56.135 (1) (a) 1. and 2. are met.
(b) Compatibility with other children. Before a new child is placed in a Level 5 foster home, the licensing agency and the foster parent shall evaluate the compatibility of this child with each foster child 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 foster child currently placed in the foster home.
(c) Foster child who is medically fragile or technology dependent. The licensing agency and the foster parent shall ensure that the treatment plan for a foster child who is placed in a Level 5 foster home includes emergency medical protocols if the foster child meets any of the following conditions:
1. Has an ongoing need for skilled services that support basic life functions necessary for survival.
2. Is dependent on technology to compensate for the loss of a vital body function.
(d) Waiver funding. The licensing agency shall notify the department of health services if an application is 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.
(5) Respite care. A Level 5 foster home may only provide respite care to a foster child who was previously placed in the foster home or a foster child specifically identified and approved by the department Level 5 panel on a planned basis.
(6) Foster parent.
(a) Qualifications. In addition to requirements in s. DCF 56.05 , the foster parent of a Level 5 foster home shall have the following qualifications:
1. ‘Management experience.’ The foster parent of a Level 5 foster home shall have either of the following:
a. Experience managing staff or a business.
b. A professional development plan to develop management and supervisory skills.
2. ‘Education or experience in human services.’ The foster parent of a Level 5 foster home shall have at least one of the following:
a. An associate’s degree or higher from an accredited college or university.
b. A minimum of one year of supervised full-time work experience in an out-of-home care program or assisted living program with children or adults.
c. A minimum of 2 years of personal experience caring for a person who has needs similar to the population to be served.
(b) Training. The foster parent of a Level 5 foster home shall complete the following training:
1. A minimum of 40 hours of preplacement training under s. DCF 56.14 (6p) .
2. A minimum of 30 hours of initial licensing training under s. DCF 56.14 (7s) during the initial licensing period.
3. A minimum of 24 hours of ongoing training under s. DCF 56.14 (8) (b) in each 12-month period of licensure subsequent to the initial licensing period.
(c) Responsibilities. The responsibilities of the foster parent of a Level 5 foster home include all of the following:
1. Working in conjunction with the licensing agency, placing agency, and supervising agency as specified in subs. (1) (c) and (2) (b) .