1. (1) Development.

   1. (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. 1. A placement is needed for a child with all of the following conditions:

         1. 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.
         2. 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.
         3. 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. 2. All other community placement options have been investigated and determined to not be in the best interest of the child.

   2. (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).

      Note: DCF-F-5177-E, Preapproval to Begin Child Specific Planning for Level 5 Foster Home, is available on the department’s website at https://dcf.wisconsin.gov/cwportal/fc/forms.

   3. (c) Application for certification of a Level 5 foster home.

      1. 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:

         1. a. A completed application form prescribed by the department.
         2. b. Information on the specific child to be placed in the foster home.
         3. c. A description of the programming and services that the foster parent and program staff will provide for the foster child.
         4. d. The qualifications of the proposed foster parent to meet the needs of the specific child to be placed in the home.
         5. 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.

         6. f. A crisis or behavioral support plan specific to the child to be placed in the foster home.

            Note: DCF-F-2559-E-E, Initial Application for Certification and Child Placement, is available on the department’s website at https://dcf.wisconsin.gov/cwportal/fc/forms.

      2. 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:

         1. a. The plan for the child’s transition to the Level 5 foster home and integration into the community.
         2. b. The plan to support the child’s educational needs.
         3. c. The programs and services that the child will be engaged in while placed in the Level 5 foster home, both formal and informal.
         4. d. The family interaction plan.
         5. e. If the child is age 16 or over, the plan for the child’s transition to adult care.
      3. 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.
   4. (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. (2) Licensing agency responsibilities. The licensing agency shall do all of the following:

   1. (a) Ensure that each Level 5 foster home has a foster parent qualified to operate the foster home.

   2. (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. 1. Review the appropriateness of admission of each child to the Level 5 foster home.
      2. 2. Participate in developing, reviewing, and updating each foster child’s assessments and treatment plans.
      3. 3. Provide technical assistance to the foster parent on the development, supervision, and support of program staff.
      4. 4. Periodically review and update the Level 5 foster home policies and procedures.

   3. (c) Review and maintain records on the foster parent, program staff, and volunteers, including all of the following:

      1. 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. 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. (3) Placements into a level 5 foster home.

   1. (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.
   2. (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.

   3. (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. 1. Has an ongoing need for skilled services that support basic life functions necessary for survival.
      2. 2. Is dependent on technology to compensate for the loss of a vital body function.
   4. (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.
4. (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.

5. (6) Foster parent.

   1. (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. 1. ‘Management experience.’ The foster parent of a Level 5 foster home shall have either of the following:

         1. a. Experience managing staff or a business.
         2. b. A professional development plan to develop management and supervisory skills.

      2. 2. ‘Education or experience in human services.’ The foster parent of a Level 5 foster home shall have at least one of the following:

         1. a. An associate’s degree or higher from an accredited college or university.
         2. 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.
         3. c. A minimum of 2 years of personal experience caring for a person who has needs similar to the population to be served.

   2. (b) Training. The foster parent of a Level 5 foster home shall complete the following training:

      1. 1. A minimum of 40 hours of preplacement training under s. DCF 56.14 (6p).
      2. 2. A minimum of 30 hours of initial licensing training under s. DCF 56.14 (7s) during the initial licensing period.
      3. 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.

   3. (c) Responsibilities. The responsibilities of the foster parent of a Level 5 foster home include all of the following:

      1. 1. Working in conjunction with the licensing agency, placing agency, and supervising agency as specified in subs. (1) (c) and (2) (b).
      2. 2. Overseeing the day-to-day operations of the Level 5 foster home, including hiring, training, and evaluating program staff.
      3. 3. Providing oversight and guidance to program staff.
      4. 4. Participating in the foster child’s treatment team and assuming primary responsibility for implementing the in-home care and treatment strategies specified in the foster child’s treatment plan.
      5. 5. Having an in-person contact with a foster child placed in the foster home a minimum of once per week for the duration of the foster child’s placement. The contacts shall provide opportunities for the foster parent and foster child to engage in parent-child interactions, such as doing homework, playing games, and going on community outings to create a home-like setting for the foster child.
      6. 6. Ensuring that program staff are promoting normalcy for each foster child placed in the foster home by applying 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).
      7. 7. Ensuring that program staff have access to the information needed to make decisions concerning a foster child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities under s. DCF 56.09 (3).

   4. (d) Shift-staffed foster home. A foster parent may do any of the following only if the foster home has a Level 5 certification:

      1. 1. Live in a residence that is not the foster home.
      2. 2. Provide less than 50 percent of a foster child’s care.

6. (7) Program staff.

   1. (a) Staff-to-child ratios. A Level 5 foster home shall have program staff in sufficient numbers to meet the following staff-to-child ratios:

      1. 1. One program staff person for every 2 children during waking hours.
      2. 2. One program staff person for every 4 children during sleeping hours.
   2. (b) Ratios as minimum. A licensing, placing, or supervising agency or the department may require the number of program staff on duty to be higher than the minimum requirements in par. (a) as necessary to meet the needs of each foster child and to ensure their safety and welfare.
   3. (c) Responsibilities. Program staff shall be responsible for daily supervision of each foster child and to provide direct care to each foster child to ensure their safety and well-being, including promoting normalcy under s. DCF 56.09 (3).

   4. (d) Qualifications. A program staff person shall have at least one of the following qualifications:

      1. 1. An associate’s degree or higher from an accredited college or university.
      2. 2. Current enrollment in and regularly attending an accredited college or university.
      3. 3. 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.

      4. 4. Certification as a child and youth care worker under the standards of the Wisconsin Association of Child and Youth Care Professionals or other department-recognized certifying authority.

         Note: Information on the Wisconsin Association of Child and Youth Care Professionals is available at https://wacycp.org/.

      5. 5. Personal experience with a person who has needs similar to the population to be served.
      6. 6. Skills and personal characteristics that relate to caring for a foster child who has needs similar to the population served.
   5. (e) Age. A program staff person shall be at least 18 years of age.

   6. (f) Hiring and employment. Before an applicant for a program staff position in a Level 5 foster home begins employment, the foster parent or the licensing agency shall do all of the following regarding the applicant:

      1. 1. Conduct and document a background check pursuant to s. 48.685, Stats., and s. DCF 56.055.
      2. 2. Make a determination that the applicant has not had a license to operate a foster home, group home, or residential care center for children and youth revoked or denied within the last 2 years.
      3. 3. Obtain favorable references from at least 3 non-relatives.

      4. 4. Make a determination that the applicant has the capacity to successfully nurture and care for children and does not have a history of a civil action, criminal conviction, or administrative rule violation that is substantially related to the care of a child or a history of exercising unsound judgment or abuse of alcohol or drugs.

         Note: For help in determining whether a civil action, criminal conviction, or administrative rule violation is substantially related to the care of children, consult s. DCF 12.06.

      5. 5. If the foster parent and licensing agency do not agree that a program staff person meets the qualifications to work in the Level 5 foster home, the licensing agency shall make the final hiring decision.
      6. 6. The foster parent shall provide the licensing agency with the program staff records, including documentation that the hiring and employment requirements for program staff are met.
   7. (g) Health exam. Upon hire and prior to working with a foster child, the foster parent shall require each program staff person to provide a statement from a medical provider that the program staff person meets the minimum physical requirements of the position and is in general good health. The statement shall be based on a medical examination performed within the previous 12 months.
   8. (h) Health concerns. If a licensing agency or the department has reason to believe that the physical or mental health of a program staff person may pose a threat of harm to a foster child or to the quality and manner of their care or that the program staff person is not able to provide responsible care for a foster child, the licensing agency or the department may require that the program staff person submit a written statement from a medical provider or, if appropriate, a licensed mental health professional on the physical or mental condition of the program staff person and the possible effect of that condition on the foster home or a foster child in care.
   9. (i) Background check. The foster parent shall require each program staff person to complete a background information disclosure form designated by the department and shall conduct a background check under s. 48.685, Stats., and s. DCF 56.055 every 4 years or at any time within that period.

   10. (j) New hire training and orientation. Each program staff person who provides care for a foster child in a Level 5 foster home shall complete the following training and orientation prior to working independently with a foster child:

       1. 1. A minimum 40 hours of training on the following topics:

          1. a. The standardized curriculum under s. DCF 56.14 (6).
          2. b. The topics listed in s. DCF 56.14 (6p) (b) to (j).
       2. 2. Fifteen hours of child-specific or population-specific training, orientation, or observation.
   11. (k) Ongoing training. Each program staff person who provides care for a foster child in a Level 5 foster home shall complete a minimum of 24 hours of ongoing training that abides by the conditions in s. DCF 56.14 (8) (b) in each year of employment subsequent to the initial year of employment.

7. (8) Volunteers. Each volunteer used by a Level 5 foster home shall be supervised by a program staff person and may not work independently with a foster child. Before a volunteer may begin performing activities, the foster parent shall do all of the following:

   1. (a) Notify the licensing agency.
   2. (b) Require the volunteer to complete a background information disclosure form designated by the department and shall conduct a background check under s. 48.685, Stats., and s. DCF 56.055 every 4 years or at any time within that period.
   3. (c) Orient the volunteer to the activities that the volunteer may perform as specified in the foster home’s personnel policies and procedures.
   4. (d) Require each volunteer to maintain in confidence all information about the foster child and the foster child’s family.

History

History: CR 25-043: cr. Register November 2025 No. 839, eff. 12-1-25; correction in (6) (c) 1. made under s. 35.17, Stats., and renumber (8) 1. to 4. to be (8) (a) to (d) under s. 13.92 (4) (b) 1, Stats., Register November 2025 No. 839; correction in (7) (j) 1. a. made under s. 13.92 (4) (b) 7., Stats., Register December 2025 No. 840.