LRB-4468/1
EAW:amn&kjf
2017 - 2018 LEGISLATURE
December 27, 2017 - Introduced by Representatives Pronschinske, Doyle,
Neylon, Meyers, Snyder, Subeck, Katsma, Kitchens, Novak, Rodriguez,
Ballweg, Billings, Anderson, E. Brooks, R. Brooks, Felzkowski, Knodl,
Krug, Kulp, Loudenbeck, Mursau, Petersen, Petryk, Rohrkaste, Sargent,
Sinicki, Spreitzer, Steineke, Summerfield, Swearingen, Tittl, Tranel,
VanderMeer, Vruwink and Zepnick, cosponsored by Senators Darling,
Bewley, Olsen, L. Taylor and Vinehout. Referred to Committee on Children
and Families.
AB776,1,2 1An Act to amend 48.75 (1d), 48.75 (1g) (b), 48.75 (1g) (c) (intro.) and 48.78 (2)
2(a); and to create 48.66 (6) of the statutes; relating to: foster home licensing.
Analysis by the Legislative Reference Bureau
This bill provides for the continuity of foster care when the license of a child
welfare agency to license foster homes is revoked, suspended, or surrendered or
when a contract under which a child welfare agency provides foster home licensing
services is terminated. This bill also changes the standard for when a foster home
license may be revoked, and modifies the conditions under which a foster home
license may be issued by an out-of-county public licensing agency.
Under current law, subject to certain exceptions, no person may provide care
and maintenance for children unless the person obtains a license to operate a foster
home from the Department of Children and Families or a county department of
human services or social services (county department) or from a child welfare agency,
if that agency is licensed by DCF to license foster homes. Current law also permits
DCF to enter into contracts with nonprofit or proprietary agencies, including child
welfare agencies, for the purchase of services. Currently, a child welfare or public
licensing agency may revoke a foster home license if the licensee has substantially
and intentionally violated any provision of the Children's Code or rules promulgated
by DCF. This bill provides that a child welfare or public licensing agency may revoke
a foster home license if the licensee has violated any provision of the Children's Code
or rules promulgated by DCF.
This bill provides that if DCF informs a child welfare agency of its intent to
revoke or suspend the agency's license to license foster homes or to terminate a

contract under which a child welfare agency provides foster home licensing services
for DCF or if a child welfare agency informs DCF of its intent to surrender such a
license or to terminate such a contract, DCF may do any of the following:
1. Require the child welfare agency to provide DCF with complete copies of the
child welfare agency's financial, child placement, and foster care licensing records.
2. Transfer any child placement or foster care licensing records obtained from
a child welfare agency to any county department or child welfare agency to which a
foster home license issued by the child welfare agency is transferred under the bill
or to any public licensing agency or child welfare agency that relicenses a foster home
licensed by the child welfare agency as provided in the bill.
3. Prohibit the child welfare agency from accepting new placements or issuing
new foster care licenses.
Also under the bill, if DCF revokes or suspends a child welfare agency's license
to license foster homes or terminates a contract under which a child welfare agency
provides foster home licensing services for DCF, or if a child welfare agency
surrenders such a license or terminates such a contract, DCF may transfer each
foster home license issued by the child welfare agency to a county department, DCF,
or another child welfare agency that consents to the transfer. A license so transferred
remains valid until it expires or 180 days after the date of the transfer, whichever
is later.
Under current law, a public licensing agency may license a foster home only in
the county in which it is located, subject to certain exceptions. The exceptions include
if the licensee is a foster parent who has moved to another county with a child who
has been placed in the foster parent's home and the license will allow the foster
parent to continue to care for that child, or if the foster home is located in an adjacent
county. Currently, a license that is issued from an out-of-county public licensing
agency is child-specific, meaning that the license is valid only as to certain children
who are identified on the license, and terminates immediately upon the removal of
all of those children from the foster home. Under current law, a license issued under
these two exceptions may be issued only if the public licensing agency of the county
where the foster home is located enters into an agreement with the public licensing
agency issuing the license.
This bill specifies that if a license is issued by an out-of-county public licensing
agency under one of the two exceptions listed above, the license is not child-specific.
However, under the bill, the agreement between the public licensing agencies as
required under current law must identify the children that may be placed in the
foster home and the license does not expire when the listed children are removed
from the foster home. Under the bill, the license is valid only when there is an
agreement in effect.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB776,1
1Section 1. 48.66 (6) of the statutes is created to read:
AB776,3,72 48.66 (6) (a) If the department notifies a child welfare agency of its intent to
3revoke or suspend the child welfare agency's license under s. 227.51 or notifies a child
4welfare agency of its intent to terminate a contract under which the child welfare
5agency provides foster home licensing services for the department or if a child
6welfare agency notifies the department of its intent to surrender or surrenders its
7license or terminates such a contract, the department may do any of the following:
AB776,3,108 1. Require the child welfare agency to provide the department with complete
9copies of the child welfare agency's financial, child placement, and foster home
10licensing records in accordance with department requirements.
AB776,3,1511 2. Transfer any child placement or foster home licensing records obtained
12under par. (b) to any county department or child welfare agency to which a foster
13home license issued by the child welfare agency is transferred under par. (a) or to any
14public licensing agency or child welfare agency that relicenses a foster home licensed
15by the child welfare agency.
AB776,3,1716 3. Prohibit the child welfare agency from accepting new placements or issuing
17new foster home licenses.
AB776,3,2518 (b) If the department revokes or suspends a child welfare agency's license under
19s. 227.51 or terminates a contract under which the child welfare agency provides
20foster home licensing services for the department, or if a child welfare agency
21surrenders its license or terminates such a contract, the department may transfer
22each foster home license issued by the child welfare agency to a county department
23or the department, or to another child welfare agency that consents to the transfer.
24A license transferred under this paragraph remains valid until it expires or 180 days
25after the date of the transfer, whichever is later.
AB776,2
1Section 2. 48.75 (1d) of the statutes is amended to read:
AB776,4,112 48.75 (1d) Child welfare agencies, if licensed to do so by the department, and
3public licensing agencies may license foster homes under the rules promulgated by
4the department under s. 48.67 governing the licensing of foster homes. A Except
5as provided under s. 48.66 (6), a
foster home license shall be issued for a term not to
6exceed 2 years from the date of issuance, and is not transferable, and. A foster home
7license
may be revoked by the child welfare agency or by the public licensing agency
8because the licensee has substantially and intentionally violated any provision of
9this chapter or of the rules of the department promulgated under s. 48.67 or because
10the licensee fails to meet the minimum requirements for a license. The licensee shall
11be given written notice of any revocation and the grounds for the revocation.
AB776,3 12Section 3. 48.75 (1g) (b) of the statutes is amended to read:
AB776,4,1713 48.75 (1g) (b) A license issued under this subsection par. (a) 1. or 4. shall
14specifically identify each child to be placed in the foster home and shall terminate on
15the removal of all of those children from the foster home
at the end of the licensing
16period or 6 months after the child returns home or is placed elsewhere, whichever
17occurs first
.
AB776,4 18Section 4. 48.75 (1g) (c) (intro.) of the statutes is amended to read:
AB776,5,219 48.75 (1g) (c) (intro.) No license may be issued under par. (a) 1., 2., or 3. unless
20the public licensing agency issuing the license has notified the public licensing
21agency of the county in which the foster home will be located of its intent to issue the
22license and no license may be issued under par. (a) 2. or 3. is valid unless the 2 public
23licensing agencies have entered into a written agreement under this paragraph. A
24public licensing agency is not required to enter into any agreement under this
25paragraph allowing the public licensing agency of another county to license a foster

1home within its jurisdiction. The written agreement shall include all of the
2following:
AB776,5 3Section 5. 48.78 (2) (a) of the statutes is amended to read:
AB776,5,94 48.78 (2) (a) No agency may make available for inspection or disclose the
5contents of any record kept or information received about an individual who is or was
6in its care or legal custody, except as provided under sub. (2m) or s. 48.371, 48.38 (5)
7(b) or (d) or (5m) (d), 48.396 (3) (bm) or (c) 1r., 48.432, 48.433, 48.48 (17) (bm), 48.57
8(2m), 48.66 (6), 48.93, 48.981 (7), 938.396 (2m) (c) 1r., 938.51, or 938.78 or by order
9of the court.
AB776,5,1010 (End)
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