1. (1) General background.

   1. (a) A foster parent shall be fit and qualified, exercise sound judgment, display the capacity to successfully nurture a foster child, not abuse alcohol or drugs, and not have a criminal conviction, pending criminal charge, or a finding by a governmental body of a civil or criminal violation of statutes, rules, or ordinances that is substantially related to the care of children or the operation of a foster home. In determining whether a criminal conviction, pending criminal charge, or finding by a governmental body is substantially related to the care of children or the operation of a foster home, the licensing agency shall apply the factors in s. DCF 12.06.
   2. (b) A foster parent and all nonclient residents in the foster home shall comply with the background check requirements in s. 48.685, Stats., and s. DCF 56.055.
2. (2) Age. A foster parent shall be 18 years of age or older.

3. (3) Health.

   1. (a) A foster parent may not have any physical or mental condition that would prevent them from safely caring for a foster child.
   2. (b) No foster parent or household member may have a physical or mental condition that would threaten the health or safety of a foster child.
   3. (c) If at any time the licensing agency has reason to believe that the physical or mental health of an applicant, foster parent, or household member may pose a threat to the health, safety, or welfare of a foster child, the licensing agency may require an assessment, such as an alcohol or other drug abuse assessment or an evaluation of the person’s physical or mental health, as a condition for issuing or continuing the license.
4. (4) Financial stability. A foster parent shall have the income and resources needed to make timely payments for shelter, food, utility costs, clothing, and other household expenses without relying on the basic maintenance payments received for care of a foster child.

5. (6) Characteristics.

   1. (a) All foster parents. As evidenced through interviews with foster family members, use of the department’s assessment system, communication with references, and any supplemental assessment, such as an alcohol or other drug abuse assessment or a physical and mental health evaluation, a foster parent shall have or exhibit all of the following characteristics to a degree that will allow the foster parent to adequately provide foster care services:

      1. 1. An adequate understanding of or a motivation to learn a foster child’s development, trauma, strengths, and needs.
      2. 2. The ability to cope with additional stress factors that may occur during the course of the placement of a foster child.
      3. 3. Recognition of past personal trauma and experiences and how this may impact a foster parent’s ability to safely care for a foster child placed in their care.
      4. 4. A communication style that is effective and respectful to all household members.
      5. 5. An ability to maintain healthy relationships with family and friends.
      6. 6. Parenting ability or a motivation to learn appropriate parenting techniques focused on the age, abilities, strengths, and needs of a foster child that would be placed in a foster home at the level of care that the foster parent has or is seeking.
      7. 7. A willingness to work with the supervising agency, placing agency, licensing agency, and the foster child’s parent, guardian, or Indian custodian in achieving the permanence goal established in the foster child’s permanency plan.
      8. 8. A willingness to promote normalcy for a foster child by encouraging the foster child to participate in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities under s. DCF 56.09 (3).
      9. 9. An ability to provide stability, routine, and organization.
      10. 10. Commitment, time, and ability to perform the responsibilities in sub. (7).

   2. (b) Level 3 to 5. In addition to the requirements under par. (a), a foster parent who operates a foster home with a Level 3 to 5 certification shall have or attain the following knowledge, skills, and qualifications in order to care for a foster child:

      1. 1. Knowledge of the behavioral, emotional, or physical conditions; symptomology; and treatment and care needs associated with foster children with a level of need of 3 to 5.
      2. 2. Knowledge of the operation of any specialized equipment and emergency back-up systems used by the foster child.
      3. 3. Recognition of escalating symptoms or side effects of the foster child’s condition and appropriate ways to respond.
      4. 4. Knowledge of the foster child’s medications, services, and treatments.
      5. 5. A commitment to providing care for a foster child with serious treatment needs.

6. (7) Responsibilities.

   1. (a) All foster parents. A foster parent shall do all the following:

      1. 1. Be familiar with and comply with all requirements of this chapter.
      2. 2. Maintain the confidentiality of all personal information about a foster child and the foster child’s family.
      3. 3. Participate in the preparation of all household members to become a foster family.
      4. 4. Participate in the selection of and accept placement of a foster child only in conformity with the conditions specified on the license and with the approval of the licensing and supervising agencies.
      5. 5. Engage in shared parenting with the foster child’s parent, guardian, or Indian custodian, such as including them in meetings and appointments regarding the foster child, unless otherwise directed by the supervising agency.
      6. 6. Support a foster child’s relationships with their family and others who are important to them by allowing communication, unless it is restricted in the treatment plan or court order.
      7. 7. Comply with and support all requirements of a foster child’s court order under ch. 48 or 938, Stats., and any associated plan, including a family interaction plan, a permanency plan, and an independent living plan as required under s. 48.38 (4) (h) or 938.38 (4) (h), Stats.
      8. 8. Cooperate and provide truthful and sufficient information to the licensing agency, supervising agency and placing agency responsible for supervising a foster child in the foster parent’s care and keep the licensing agency and any other responsible agency informed of each foster child’s progress and problems.
      9. 9. Apply the reasonable and prudent parent standard when making decisions concerning a foster child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities under s. DCF 56.09 (3).
      10. 10. Allow the supervising agency at least 30 days in which to make an alternate placement if the foster parent asks that a foster child be removed from the foster home.
   2. (b) Foster home with Level 3 to 5 certification. In addition to the requirements under par. (a), a foster parent who operates a foster home with a Level 3 to 5 certification shall assume primary responsibility for implementing the in-home care and treatment strategies specified in the foster child’s treatment plan.
7. (8) Vehicle liability insurance. A foster parent who transports a foster child in their own vehicle shall have vehicle liability insurance coverage.

8. (9) Homeowner’s or renter’s liability insurance.

   1. (a) Definition. In this subsection, “Wisconsin insurance plan” means the mandatory risk-sharing insurance plan established under s. 619.01, Stats., and s. Ins 4.10.

      Note: The Wisconsin Insurance Plan offers homeowner’s insurance for people who have had their coverage cancelled or who have been denied insurance in the standard insurance market. For information on the Wisconsin Insurance Plan, contact any insurance agency. General information on the Wisconsin Insurance Plan is available at https://www.wisinsplan.com/.

   2. (b) General requirement. A foster parent shall have homeowner’s or renter’s liability insurance as required under s. 48.627 (2) (a), Stats., unless any of the following conditions apply:

      1. 1. The licensing agency has granted a waiver of the homeowner’s or renter’s insurance requirement under pars. (c) and (d).
      2. 2. The licensing agency has issued a license for a period not to exceed 90 days to allow the foster parent time to obtain the necessary documentation to request a waiver under par. (c).

   3. (c) Waiver conditions. A foster parent or applicant may request a waiver of the requirement to have homeowner’s or renter’s liability insurance by submitting any of the following to the licensing agency:

      1. 1. ‘Homeowner’s denial.’ Documentation of a denial of homeowner’s liability insurance through a standard insurance policy for a reason other than poor condition of the property and a denial of the same through the Wisconsin insurance plan.
      2. 2. ‘Homeowner’s cancellation.’ Documentation of the cancellation of a homeowner’s liability insurance for a reason other than nonpayment of premiums and a denial of the same through the Wisconsin insurance plan.
      3. 3. ‘Renter’s denial.’ Documentation of the denial of renter’s liability insurance from 2 insurance companies.
      4. 4. ‘Renter’s cancellation.’ Documentation of the cancellation of a renter’s liability insurance for reasons other than nonpayment of premiums and documentation of a denial of coverage from one other insurance company.

      5. 5. ‘Financial hardship.’ Documentation that payment of the insurance premium for homeowner’s or renter’s liability insurance would cause undue financial hardship for the foster parent or applicant as evidenced by any of the following:

         1. a. The foster parent or applicant is receiving Wisconsin Works payments under s. 49.148, Stats.
         2. b. The foster parent or applicant is receiving supplemental security income under 42 USC 1381 to 1383d.
         3. c. The gross monthly income of the foster parent’s or applicant’s family is below the level at which a monthly payment would be required under the maximum monthly payment schedule for ch. DCF 1.
   4. (d) Waiver request approval. Within 30 days after receipt of a request that is accompanied by the documentation required under par. (c), the licensing agency shall approve or deny the waiver request and notify the applicant or foster parent in writing of its decision and the reasons for the decision.

   5. (e) Documentation. The licensing agency shall retain documentation of the waiver decision.

      Note: A foster parent has limited liability under s. 895.485, Stats. This does not mean that the foster parent has no liability. In the event that a foster parent is sued, the foster parent may be liable for any judgment and attorney’s fees.

History

History: CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; corrections in (1) (a) 1., (f) 2., 4. and (5) (c) 5. c. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0937: emerg. revisions as in CR 10-021, eff. 1-1-10; CR 10-021: am. (1) (b) 2. and (c) 8., r. and recr. (1) (e) 1. and (f), r. (1) (e) 2. Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. renum (1) (b), (c) to be (1) (b) 1., (c) 1. and am., cr. (1) (b) 2., (c) 1. h. to n., 2., eff. 1-1-11; CR 10-148: renum (1) (b), (c) to be (1) (b) 1., (c) 1. and am., cr. (1) (b) 2., (c) 1. h. to n., 2. Register August 2011 No. 668, eff. 9-1-11; CR 16-014: am. (1) (a) 1., r. and recr. (1) (f), cr. (1) (g) Register June 2016 No. 726, eff. 7-1-16; EmR1633: emerg. r. and recr. (1) (a) 1., am. (1) (a) 3., cr. (1) (b) 1. p., (c) 1. o., eff. 11-18-16; CR 16-051: r. and recr. (1) (a) 1., am. (1) (a) 3., cr. (1) (b) 1. p.,(c) 1. o. Register July 2017 No. 739, eff. 8-1-17; CR 21-107: am. (1) (a) 2., (b) 1. e., (c) 2. e., (g) 3., 4., (3) (a), (5) (b) Register June 2022 No. 798, eff. 7-1-22; CR 25-043: r. and recr. Register November 2025 No. 839, eff. 12-1-25; correction in (7) (a) 7. made under s. 35.17, Stats., and (9) (d) (title), (9) (e) (title) created under s. 13.92 (4) (b) 2., Stats., Register November 2025 No. 839.