1. (1) Applicability. This section applies to care of a foster child in any of the following circumstances:

   1. (a) Services arranged in advance by the licensing agency or supervising agency and foster parent to provide care of a foster child during an absence of the foster parent for more than 72 hours.
   2. (b) Care of a foster child arranged by the licensing or supervising agency when the foster parent is unavailable due to an emergency.
   3. (c) Care of a foster child during the foster parent’s absence that is paid for by a licensing, supervising, or placing agency.

2. (2) Licensing agency responsibilities.

   1. (a) A licensing agency shall do all of the following:

      1. 1. Develop policies and procedures to govern the agency’s respite care program, including a procedure for informing a foster child’s parent, guardian, legal custodian, or Indian custodian when the foster child receives care by a respite provider.
      2. 2. Inform a foster parent of the process to request and be reimbursed, if applicable, for respite services prior to utilizing the service.
      3. 3. Conduct a background check under s. DCF 56.055 on a person interested in being a respite provider if the person is not currently a foster parent.

   2. (b) A licensing agency of Level 3 or 4 foster homes shall do all of the following:

      1. 1. Develop, in consultation with foster parents, a pool of respite providers that will be used when respite care is provided.
      2. 2. Provide training and support to respite providers specific to the population of children to be served by the respite provider.
      3. 3. Consult with the foster parent, foster child, and the supervising agency to develop a respite schedule for a specific child and provide the schedule to the respite providers.

3. (3) Respite provider qualifications. A respite provider shall have the following qualifications:

   1. (a) Be at least 18 years of age.
   2. (b) Meet the background check requirements in s. 48.685, Stats., and s. DCF 56.055.
   3. (c) Have education, experience, or a relationship with the foster child and an ability to meet their needs.
   4. (d) Provide respite care in a home that meets the physical, safety, and environmental needs of the foster child for whom care is to be provided if the respite care is to be provided in the respite provider’s residence.
   5. (e) Agree to abide by s. DCF 56.09 (2) (a) and (b), (14), and (15).
   6. (f) Is not an employee of the licensing agency or a relative of an employee of the licensing agency if the employee works in the child welfare area of the agency.

4. (4) Information to be given to respite provider. Prior to a foster parent using a respite provider, the supervising agency shall ensure that the respite provider has information on all the following:

   1. (a) The foster child’s care needs.
   2. (b) The foster child’s daily routine and schedule.
   3. (c) Family or sibling visitation that will occur during the foster parent’s absence.
   4. (d) The requirements under s. DCF 56.09 (2) (a) and (b), (14), and (15).
   5. (e) Phone numbers of emergency contacts.
   6. (f) The foster child’s medical providers and any information needed for the foster child to receive medical care.

5. (6) Eligibility for subsidized respite care.

   1. (a) Level 3 or 4.

      1. 1. A licensing agency shall fund and arrange for a foster parent who operates a foster home with a Level 3 or 4 certification to have 8 to 24 consecutive hours of respite care per month. Respite care shall be provided in a combination of hours to be determined by the foster parent and the licensing agency. The licensing agency may require that any respite care include an overnight stay.
      2. 2. Notwithstanding subd. 1., a licensing agency is not required to fund and arrange respite care of a foster child with a level of need below 3 who is placed in a foster home with a Level 3 or 4 certification.
   2. (b) Level 1 or 2. A licensing agency may establish policies and procedures to fund respite care for a foster parent who operates a foster home with a Level 1 or 2 certification.
6. (7) Respite care limit. A foster child may not be in respite care for more than 28 consecutive days. A licensing agency may establish a limit that is less than 28 consecutive days.
7. (8) Reasonable and prudent parent standard inapplicable. The reasonable and prudent parent standard does not apply to a foster parent providing respite care in a foster home.

History

History: EmR1050: emerg. cr., eff. 1-1-11; CR 10-148: cr. Register August 2011 No. 668, eff. 9-1-11; CR 21-107: am. (3) (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.