1. (1) Licensing agency authority.

   1. (a) A licensing agency may grant an exception to the following requirements in this chapter: ss. DCF 56.04 (2) (f) and (g), (5) (b), and (14), 56.05 (3) (a) and (b) and (4), 56.07 (2), (3), (4) (c) 1., 2., and 3., (g), (h), (i), (k), (6) (c) 1., (9) (a), and (10) (b), 56.078 (1) and (5), 56.085 (2), 56.09 (10) (b), (11) (b), and (12) (a), 56.13 (4) (a) 3., (5) (b) 3. and (c) 2., (6) (b) 3. and (c) 2., 56.135 (6) (a) 1. and 2., (b) 3., (7) (d), (f) 3., (g), and (k) if the licensing agency determines that the exception will not jeopardize the health, safety or welfare of a foster child.
   2. (b) A licensing agency may not grant an exception to any of the following requirements: ss. DCF 56.04 (1), (10), and (11), 56.07 (4) (L) 1. and 2., 56.085 (1) (a) and (b) and (2), 56.09 (14) (e) 2. c., 56.13 (3) (b), (4), (5) (b) 1. and 2., and (6) (b) 1. and 2., 56.135 (1) (d), (6) (b) 1. and 2., (c) 5., and (7) (j) 1. and 2., 56.14 (6d) (a), (6p), and (7) (a), 56.185 (1) (b) 1. and 2. and (c) 1. and 2., 56.21 (3) (f) and (7), and 56.22 (7) (c).

   3. (c)

      1. 1. Any exception granted under par. (a) shall be specified on the license with an explanation of any alternative requirement.
      2. 2. An exception shall be in effect only as long as the conditions under which the exception was granted continue to exist but no longer than 2 years from the date on which the exception is granted or the date on which the license terminates, whichever occurs first.
      3. 3. When the exception expires, the licensing agency shall determine if there is justification to continue the exception. The exception shall be documented on a subsequent license if it is continued.

2. (2) Department exceptions panel.

   1. (a) The licensing agency may submit an applicant’s or foster parent’s request for an exception to the department exceptions panel if it supports the request but is unable to grant the exception under sub. (1) (b).

      Note: DCF-F-CFS0847, Application to DCF Exceptions Panel for Exception to Ch. DCF 56, and DCF-F-5229 Application to DCF Exceptions Panel for Exception to Section DCF 56.085 (1) (Total Number of Persons Receiving Care), may be obtained from the licensing agency or on the department’s website at https://dcf.wisconsin.gov/cwportal/fc/forms.

   2. (b) A department exception request shall include all of the following information:

      1. 1. The citation for the specific requirement for which an exception is requested.
      2. 2. The rationale for the request.
      3. 3. An explanation of any alternative provision planned to meet the intent of the requirement.
   3. (c) The department exceptions panel shall, in writing, indicate its approval or denial of the request within 10 working days after the department receives the request from the licensing agency and has all the information required to make its decision.

   4. (d)

      1. 1. The department exceptions panel shall consist of at least 3 persons who collectively are knowledgeable about the foster care program and licensing practices.
      2. 2. The chairperson of the panel shall be designated by the director of the department’s bureau of permanence and out-of-home care.
      3. 3. The panel chairperson shall designate the remaining members of the panel.

History

History: CR 25-043: cr. Register November 2025 No. 839, eff. 12-1-25; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2025 No. 840.