1. (1) Total number of persons receiving care. The number of persons receiving care in a foster home, including the combined total of foster children, children of the foster parent who are minors or less than 19 years of age and in high school, children receiving respite care, other children, and adults who need care may not exceed the following:

   1. (a) In a foster home with a Level 1 to 2 certification, 8 persons.
   2. (b) In a foster home with a Level 3 to 5 certification, 6 persons.
2. (2) Number of foster children. Care and maintenance may be provided for no more than 6 foster children in a foster home, except as provided in sub. (4) or (5).

3. (3) Agency or department exceptions panel limit on number of foster children.

   1. (a) A licensing agency may limit the number of foster children placed in a Level l to 4 foster home to fewer than 6.
   2. (b) The department exceptions panel may limit the number of foster children placed in a Level 5 foster home to fewer than 6.

4. (4) Agency exceptions. A licensing agency may grant an exception to sub. (2) under s. DCF 56.24 (1) and allow up to 8 foster children in a foster home if necessary to maintain any of the following:

   1. (a) A sibling connection.
   2. (b) A parental connection between a minor parent and minor child.
   3. (c) An established meaningful relationship between a child and foster parent.

5. (5) Department exceptions. A licensing agency may apply to the department exceptions panel for an exception to subs. (1) and (2) under s. DCF 56.24 (2) to allow any of the following:

   1. (a) Care of 9 or more individuals in a foster home with a Level 1 or 2 certification, including foster children, in a foster home to maintain a relationship specified in sub. (4) (a) to (c).
   2. (b) Care of 7 or more individuals in a foster home with a Level 3 or 4 certification, including foster children, in a foster home to maintain a relationship specified in sub. (4) (a) to (c).
6. (6) License modification. The licensing agency shall modify the license to reflect a reduction in the number of foster children in the home if any of the children leave.

History

History: CR 25-043: cr. Register November 2025 No. 839, eff. 12-1-25.