48.66(2m)(c)
(c) The subunit of the department that obtains a social security number or a federal employer identification number under
par. (a) 1. may not disclose that information to any person except to the department of revenue for the sole purpose of requesting certifications under
s. 73.0301 or on the request of the subunit of the department that administers the child and spousal support program under
s. 49.22 (2m).
48.66(2m)(cm)
(cm) The department of corrections may not disclose any information obtained under
par. (am) 1. to any person except on the request of the department under
s. 49.22 (2m).
48.66(3)
(3) The department shall prescribe the form and content of records to be kept and information to be reported by persons licensed by it.
48.66(5)
(5) A child welfare agency, group home, child care center, or shelter care facility license, other than a probationary license, is valid until revoked or suspended, but shall be reviewed every 2 years after the date of issuance as provided in this subsection. At least 30 days prior to the continuation date of the license, the licensee shall submit to the department an application for continuance of the license in the form and containing the information that the department requires. If the minimum requirements for a license established under
s. 48.67 are met, the application is approved, the applicable fees referred to in
ss. 48.68 (1) and
48.685 (8) are paid, and any forfeiture under
s. 48.715 (3) (a) or penalty under
s. 48.76 that is due is paid, the department shall continue the license for an additional 2-year period, unless sooner suspended or revoked. If the application is not timely filed, the department shall issue a warning to the licensee. If the licensee fails to apply for continuance of the license within 30 days after receipt of the warning, the department may revoke the license as provided in
s. 48.715 (4) and
(4m) (b).
48.66 History
History: 1975 c. 307;
1977 c. 29,
271,
418,
447;
1979 c. 330;
1985 a. 176;
1993 a. 375 ss.
10,
12,
13;
1993 a. 377,
446,
491;
1995 a. 27,
77,
352;
1997 a. 27,
191,
205,
237;
1999 a. 9;
2005 a. 344;
2007 a. 20;
2009 a. 28,
185.
48.66 Cross-reference
Cross-reference: See also chs.
DCF 38 and
57, Wis. adm. code.
48.67
48.67
Rules governing child welfare agencies, child care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, child care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of commerce, the department of public instruction, and the child abuse and neglect prevention board before promulgating those rules. Those rules shall include rules that require all of the following:
Effective date note
NOTE: Section 48.67 (intro.) is repealed and recreated by
2009 Wis. Act 185 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
48.67 Rules governing child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of commerce, the department of public instruction, and the child abuse and neglect prevention board before promulgating those rules. For foster homes, those rules shall include the rules promulgated under s. 48.62 (8). Those rules shall include rules that require all of the following:
48.67(1)
(1) That all child care center licensees, and all employees and volunteers of a child care center, who provide care and supervision for children under one year of age receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome.
48.67(2)
(2) That all child care center licensees, and all employees and volunteers of a child care center, who provide care and supervision for children under 5 years of age receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, the training relating to shaken baby syndrome and impacted babies required under
s. 253.15 (4) (a) or
(c).
48.67(3)(a)(a) That all child care center licensees, and all employees of a child care center, who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in
s. 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under
s. 46.03 (38) to provide such instruction.
48.67(3)(b)
(b) That all staff members of a group home who provide care for the residents of the group home have current proficiency in the use of an automated external defibrillator, as defined in
s. 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under
s. 46.03 (38) to provide such instruction.
48.67(3)(c)
(c) That all staff members of a shelter care facility who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in
s. 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under
s. 46.03 (38) to provide such instruction and that all shelter care facilities have readily available on the premises of the shelter care facility a staff member or other person who has that proficiency.
48.67(3)(d)
(d) That all child welfare agencies that operate a residential care center for children and youth have in each building housing residents of the residential care center for children and youth when those residents are present at least one staff member who has current proficiency in the use of an automated external defibrillator, as defined in
s. 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under
s. 46.03 (38) to provide such instruction.
48.67(4)(a)(a) That all foster parents and treatment foster parents successfully complete training in the care and support needs of children who are placed in foster care or treatment foster care that has been approved by the department. The training shall be completed on an ongoing basis, as determined by the department. The department shall promulgate rules prescribing the training that is required under this subsection and shall monitor compliance with this subsection according to those rules. The training shall include training in all of the following:
48.67(4)(a)1.
1. Parenting skills, including child development; infant care, if appropriate; the effects of trauma on children; communicating with children in an age-appropriate manner; and recognizing issues such as drug use or addiction or attachment disorder.
48.67(4)(a)2.
2. For foster parents or treatment foster parents caring for children 11 years of age or older, teaching and encouraging independent living skills, including budgeting, health and nutrition, and other skills to promote the child's long-term economic independence and well-being.
48.67(4)(a)3.
3. Issues that may confront foster parents or treatment foster parents, in general, and that may confront the foster parents or treatment foster parents of children with special needs.
48.67(4)(a)5.
5. The proper use of foster care or treatment foster care payments.
48.67(4)(a)6.
6. The availability of resources for foster parents or treatment foster parents in the local community.
48.67(4)(b)
(b) The training under
par. (a) shall be available to a kinship care relative, as defined in
s. 48.40 (1m), upon request of the kinship care relative.
48.67(4)(c)
(c) For a foster parent or treatment foster parent receiving an initial license, the training under
par. (a) shall be completed before the first child is placed with the foster parent or treatment foster parent.
48.67 Note
NOTE: Sub. (4) is amended by
2009 Wis. Act 336 effective the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(4) (a) That all foster parents successfully complete training in the care and support needs of children who are placed in foster care that has been approved by the department. The training shall be completed on an ongoing basis, as determined by the department. The department shall promulgate rules prescribing the training that is required under this subsection and shall monitor compliance with this subsection according to those rules. The training shall include training in all of the following:
Effective date text
1. Parenting skills, including child development; infant care, if appropriate; the effects of trauma on children; communicating with children in an age-appropriate manner; and recognizing issues such as drug use or addiction or attachment disorder.
Effective date text
2. For foster parents caring for children 11 years of age or older, teaching and encouraging independent living skills, including budgeting, health and nutrition, and other skills to promote the child's long-term economic independence and well-being.
Effective date text
3. Issues that may confront the foster parents, in general, and that may confront the foster parents of children with special needs.
Effective date text
4. Child abuse and neglect prevention.
Effective date text
5. The proper use of foster care payments.
Effective date text
6. The availability of resources for foster parents in the local community.
Effective date text
7. Other topics, as determined by the department.
Effective date text
(b) The training under par. (a) shall be available to a kinship care relative, as defined in s. 48.40 (1m), upon request of the kinship care relative.
Effective date text
(c) For a foster parent receiving an initial license, the training under par. (a) shall be completed before the first child is placed with the foster parent.
48.67 History
History: 1975 c. 307;
1977 c. 29,
205,
271,
418,
447;
1979 c. 300;
1985 a. 176;
1993 a. 375,
446;
1995 a. 27 ss.
2599,
9116 (4),
9145 (1);
1997 a. 27;
2001 a. 16;
2005 a. 165;
2007 a. 104;
2009 a. 28,
180,
185,
336.
48.67 Cross-reference
Cross-reference: See also chs.
DCF 52,
56,
57,
59,
250,
251, and
252 Wis. adm. code.
48.675
48.675
Foster care education program. 48.675(1)
(1)
Development of program. The department shall develop a foster care education program to provide specialized training for persons operating family foster homes or treatment foster homes. Participation in the program shall be voluntary and shall be limited to persons operating foster homes or treatment foster homes licensed under
s. 48.62 and caring for children with special treatment needs.
Effective date note
NOTE: Sub. (1) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(1) Development of program. The department shall develop a foster care education program to provide specialized training for persons operating family foster homes. Participation in the program shall be voluntary and shall be limited to persons operating foster homes licensed under s. 48.62 and caring for children with special treatment needs.
48.675(2)
(2) Approval of programs. The department shall promulgate rules for approval of programs to meet the requirements of this section. Such programs may include, but need not be limited to: in-service training; workshops and seminars developed by the department or by county departments; seminars and courses offered through public or private education agencies; and workshops, seminars and courses pertaining to behavioral and developmental disabilities and to the development of mutual support services for foster parents and treatment foster parents. The department may approve programs under this subsection only after consideration of relevant factors including level of education, useful or necessary skills, location and other criteria as determined by the department.
Effective date note
NOTE: Sub. (2) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(2) Approval of programs. The department shall promulgate rules for approval of programs to meet the requirements of this section. Those programs may include in-service training; workshops and seminars developed by the department or by county departments; seminars and courses offered through public or private education agencies; and workshops, seminars, and courses pertaining to behavioral and developmental disabilities and to the development of mutual support services for foster parents. The department may approve programs under this subsection only after consideration of relevant factors including level of education, useful or necessary skills, location, and other criteria as determined by the department.
48.675(3)
(3) Support services. The department shall provide funds from the appropriation under
s. 20.437 (1) (a) to enable foster parents and treatment foster parents to attend education programs approved under
sub. (2) and shall promulgate rules concerning disbursement of the funds. Moneys disbursed under this subsection may be used for the following purposes:
Effective date note
NOTE: Sub. (3) (intro.) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(3) Support services. The department shall provide funds from the appropriation under s. 20.437 (1) (a) to enable foster parents to attend education programs approved under sub. (2) and shall promulgate rules concerning disbursement of the funds. Moneys disbursed under this subsection may be used for the following purposes:
48.675(3)(a)
(a) Care of residents of the foster home or treatment foster home during the time of participation in an education program.
Effective date note
NOTE: Par. (a) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(a) Care of residents of the foster home during the time of participation in an education program.
48.675(3)(b)
(b) Transportation to and from an education program.
48.675(3)(d)
(d) Specialized workshops, seminars, and courses pertaining to behavioral and developmental disabilities.
48.68
48.68
Investigation of applicant; issuing of license. 48.68(1)(1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license adopted by the department under
s. 48.67 and meets the requirements specified in
s. 48.685, if applicable. In determining whether to issue or continue a license, the department may consider any action by the applicant, or by an employee of the applicant, that constitutes a substantial failure by the applicant or employee to protect and promote the health, safety, and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under
s. 48.615 (1) (a) or
(b),
48.625 (2) (a),
48.65 (3) (a), or
938.22 (7) (b), the department shall issue a license under
s. 48.66 (1) (a) or, if applicable, a probationary license under
s. 48.69 or, if applicable, shall continue a license under
s. 48.66 (5). At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the monthly foster care rates and supplemental payments specified in
s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments, and the procedures for applying for supplemental payments.
48.68(2)
(2) Before continuing the license of any child welfare agency to operate a residential care center for children and youth or of any group home, the department shall consider all formal complaints filed under
s. 48.745 (2) and the disposition of each during the previous 2-year period.
48.68(3)
(3) Within 10 working days after receipt of an application for initial licensure of a child welfare agency to operate a residential care center for children and youth or of a group home, the department shall notify the city, town, or village planning commission, or other appropriate city, town, or village agency if there is no planning commission, of receipt of the application. The department shall request that the planning commission or agency send to the department, within 30 days, a description of any specific hazards that may affect the health and safety of the residents of the residential care center for children and youth or group home. No license may be issued to a child welfare agency to operate a residential care center for children and youth or to a group home until the 30-day period has expired or until the department receives the response of the planning commission or agency, whichever is sooner. In issuing a license the department shall give full consideration to such hazards determined by the planning commission or agency.
48.68(4)
(4) Prior to initial licensure of a residential care center for children and youth operated by a child welfare agency or of a group home, the applicant for licensure shall make a good faith effort to establish a community advisory committee consisting of representatives from the child welfare agency or proposed group home, the neighborhood in which the proposed residential care center for children and youth or group home will be located and a local unit of government. The community advisory committee shall provide a forum for communication for those persons interested in the proposed residential care center for children and youth or group home. Any committee established under this subsection shall continue in existence after licensure to make recommendations to the licensee regarding the impact of the residential care center for children and youth or group home on the neighborhood. The department shall determine compliance with this subsection both prior to and after initial licensure.
48.68 Cross-reference
Cross-reference: See also ch.
DCF 56, Wis. adm. code.
48.685
48.685
Criminal history and child abuse record search. 48.685(1)(ag)1.a.
a. A person who is, or is expected to be, an employee or contractor of an entity, who is or is expected to be under the control of the entity, as defined by the department by rule, and who has, or is expected to have, regular, direct contact with clients of the entity.
48.685(1)(ag)1.b.
b. A person who has, or is seeking, a license, certification or contract to operate an entity.
48.685(1)(ag)2.
2. "Caregiver" does not include a person who is certified as an emergency medical technician under
s. 256.15 if the person is employed, or seeking employment, as an emergency medical technician and does not include a person who is certified as a first responder under
s. 256.15 if the person is employed, or seeking employment, as a first responder.
48.685(1)(am)
(am) "Client" means a child who receives direct care or treatment services from an entity.
48.685(1)(ar)
(ar) "Contractor" means, with respect to an entity, a person, or that person's agent, who provides services to the entity under an express or implied contract or subcontract, including a person who has staff privileges at the entity.
48.685(1)(av)
(av) "Direct contact" means face-to-face physical proximity to a client that affords the opportunity to commit abuse or neglect of a client or to misappropriate the property of a client.
48.685(1)(b)
(b) "Entity" means a child welfare agency that is licensed under
s. 48.60 to provide care and maintenance for children, to place children for adoption, or to license foster homes or treatment foster homes; a foster home or treatment foster home that is licensed under
s. 48.62; a group home that is licensed under
s. 48.625; a shelter care facility that is licensed under
s. 938.22; a child care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14); a child care provider that is certified under
s. 48.651; or a temporary employment agency that provides caregivers to another entity.
Effective date note
NOTE: Par. (b) is repealed and recreated by
2009 Wis. Act 185 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(b) "Entity" means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption, or to license foster homes; a foster home that is licensed under s. 48.62; a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); a child care provider that is certified under s. 48.651; or a temporary employment agency that provides caregivers to another entity.
48.685(1)(bm)
(bm) "Nonclient resident" means a person who resides, or is expected to reside, at an entity, who is not a client of the entity and who has, or is expected to have, regular, direct contact with clients of the entity.
48.685(1)(br)
(br) "Reservation" means land in this state within the boundaries of a reservation of a tribe or within the bureau of Indian affairs service area for the Ho-Chunk Nation.
48.685(1)(c)
(c) "Serious crime" means any of the following:
48.685(1)(c)2.
2. A violation of
s. 940.01,
940.02,
940.03,
940.05,
940.12,
940.19 (2),
(4),
(5) or
(6),
940.22 (2) or
(3),
940.225 (1),
(2) or
(3),
940.285 (2),
940.29,
940.295,
942.09 (2),
948.02 (1) or
(2),
948.025,
948.03 (2),
948.05,
948.051,
948.055,
948.06,
948.07,
948.08,
948.085,
948.11 (2) (a) or
(am),
948.12,
948.13,
948.21 (1),
948.30, or
948.53.
48.685(1)(c)3m.
3m. For purposes of licensing a person to operate a day [child] care center under
s. 48.65, certifying a day [child] care provider under
s. 48.651, or contracting with a person under
s. 120.13 (14) to operate a day [child] care center, or of permitting a person to be a caregiver or nonclient resident of such a day [child] care center or day [child] care provider, any violation listed in
subds. 1. to
3. or
sub. (5) (br) 1. to
7.
48.685 Note
NOTE: The correct term is shown in brackets.
2009 Wis. Act 76 created subd. 3m. with the references to "day care" and
2009 Wis. Act 185 changed other references from "day care" to "child care" without taking Act 76 into account. Corrective legislation is pending.
48.685(1)(c)4.
4. A violation of the law of any other state or United States jurisdiction that would be a violation listed in
subd. 1.,
2.,,
3., or
3m. if committed in this state.
48.685(2)(am)(am) The department, a county department, an agency contracted with under
s. 48.651 (2), a child welfare agency, or a school board shall obtain all of the following with respect to a caregiver specified in
sub. (1) (ag) 1. b., a nonclient resident of an entity, and a person under 18 years of age, but not under 12 years of age, who is a caregiver of a child care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14) or of a child care provider that is certified under
s. 48.651:
