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Child safety restraint systems. The rule incorporates the requirements of s.
347.48 (4), Stats.
Summary of factual data and analytical methodologies
The non-statutory requirements of the rule are based on recommendations from the Foster Parent Training Committee, the Out-of-Home Care/Adoption Committee, and listening sessions held by the Department regarding implementation of levels of care.
Comparison with federal requirements
In general, a state can be eligible for federal funding under Title IV-E of the Social Security Act for foster care assistance if:
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The child was removed and placed in foster care in accordance with either of the following:
○ A voluntary placement agreement between the state agency, or any other agency acting on behalf of the state, and the parents or guardians. If the child has remained in voluntary placement for a period in excess of 180 days, a judicial determination must be made.
○ A judicial determination that:
□ The placement is in the best interests of the child.
□ Continuation in the home from which removed would be contrary to the welfare of the child and that reasonable or, in the case of an Indian child, active efforts have been made to preserve and unify the family, with the child's health and safety as the paramount concern.
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The child's placement and care are the responsibility of the state agency or any other public agency with which the state has made an agreement.
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The child has been placed in a foster family home, treatment foster home, group home, shelter care, or residential care center for children and youth.
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The child, while in the home, would have met the eligibility criteria for Aid to Families with Dependent Children as the program existed on July 16, 1996.
42 USC 671(a)(24) requires that the state plan for foster care and adoption assistance include a certification that, before a child in foster care under the responsibility of the state is placed with prospective foster parents, the prospective foster parents will be prepared adequately with the appropriate knowledge and skills to provide for the needs of the child, and that such preparation will be continued, as necessary, after the placement of the child.
45 CFR 1355(a) includes in the definition of “foster family home" a provision that states may claim Title IV-E reimbursement during the period of time between the date a prospective foster family home satisfies all requirements for licensure and the date the actual license is issued, not to exceed 60 days.
42 USC 671(a)(31) provides that a state must provide that reasonable efforts are made to place siblings removed from their home in the same foster care, kinship guardianship, or adoptive placement, unless the state documents that such joint placement would be contrary to the safety or well-being of any of the siblings. If siblings are not jointly placed, the state must provide for frequent visitation or other ongoing interaction between the siblings, unless that frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.
42 USC 671(a)(20) provides that a state must provide procedures for criminal records checks, including fingerprint-based checks of national crime information databases, for all prospective foster or adoptive parents. A state must also check any child abuse and neglect registry maintained by the state or another state in which any prospective foster or adoptive parent or other adult living in the home has resided in the preceding 5 years.
Comparison to rules in adjacent states
Michigan
Michigan is operating its child welfare system under the terms of a settlement agreement in the class action lawsuit Dwayne B. v. Granholm. The settlement was approved on October 24, 2008. One of the goals of the settlement agreement is increased supervision, services, and support to children placed in relative care. The settlement agreement includes the following provisions:
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Other than certain exceptional circumstances, all foster parents shall be licensed. Relative caregivers of all children who enter state foster care custody on or after 10/1/08 must be licensed. The department will implement a plan to license current unlicensed relative caregivers in a phased-in time period. Unlicensed relative providers must still meet the same safety standards as nonrelative providers. The settlement monitor shall conduct a review of the department's implementation of the settlement if more than 10% of unlicensed relative caregivers decline to be licensed.
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All licensed relative foster care providers shall receive the same foster care maintenance rates as similarly situated unrelated foster care providers. Historically, relative caregivers were encouraged to apply for public assistance and would be eligible for a child-only grant regardless of income. A relative caregiver would only be eligible for a standard foster care payment if the parental rights of the child's parents were terminated.
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The department will publicize the procedures on obtaining variances from standard foster care licensing requirements for purposes of licensing relative homes. The department shall not waive any licensing standards that are essential for the safety and well-being of the child.
The department may grant a variance from an administrative rule if the proposed variance assures that the health, care, safety, protection, and supervision of a foster child are maintained.
Minnesota:
A license is required for foster care by an individual who is a relative to the child except for an unlicensed emergency relative placement. In licensing a relative, the commissioner shall consider the importance of maintaining the child's relationship with relatives as an additional significant factor in determining whether a background study disqualification should be set aside or a variance should be granted.
A license applicant or license holder may request, in writing, a variance from rule requirements that do not affect the health, safety, or rights of the child or others. A variance request must include alternative equivalent measures the foster care applicant or license holder will take to ensure the health and safety of children if the variance is granted.
Illinois:
Relatives who care for children for whom the Department is legally responsible may, but need not, apply for licensure as a foster family home. Only placements in licensed foster family homes receive the foster care payment rate. Relatives who are unlicensed receive the child-only standard of need.
Unless prohibited by law, the director of the department may waive, or may conditionally waive, any requirement in the foster care licensing rules if doing so is in the best interest of the foster care children.
Iowa:
Relatives who are caring for a child may be eligible to receive financial assistance through foster care or a child-only or family grant under the state's Temporary Assistance to Needy Families program. To receive foster care payments, a relative must be licensed as a foster parent.
On a case-by-case basis, the service area manager or area social work administrator may waive any licensing standard unless the requirement is set in state or federal law or the waiver could have a negative impact on the safety and well-being of a child placed in the foster family home.
Analysis used to determine effect on small businesses
The proposed rule will affect private child-placing agencies, but the effect will be minimal.
Small Business Impact
The proposed rule will affect small businesses as defined in s.
227.114 (1), Stats., but will not have a significant economic impact on a substantial number of businesses.
The Department's Small Business Regulatory Coordinator is Elaine Pridgen, (608) 267-9403, elaine.pridgen@ wisconsin.gov.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The rule implements the first two levels of the Graduated Licensing and Levels of Care policy, as directed in
2009 Wisconsin Act 28. This rule establishes the requirements for certification at these two levels of care. A foster home at these two levels is certified based on a number of factors, including the level of knowledge, skill, training and experience of the licensee, the level of responsibilities expected, and the needs of the child. The rule also establishes training requirements for these levels of licensure.
These changes will affect counties and the Department, which operates the child welfare program in Milwaukee County. The fiscal impact of these changes was included in the biennial budget; therefore implementation of these rules is not anticipated to have a fiscal effect.
Additionally, by not implementing the rule, DCF stands to lose a substantial amount of federal revenue. By licensing current court-ordered Kinship Care providers, Act 28 assumes that the Department will be able to claim an additional $6,524,300 in IV-E revenue as a result of the policy. Without the rule, DCF will not be able to require these providers to get certified and will lose the additional revenue assumed in Act 28.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Person
Jonelle Brom
Bureau of Permanence and Out-of-Home Care
Division of Safety and Permanence
Phone: (608) 264-6933
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1) and
(15) (a) and
(i), and
101.123 (6), Stats., the Department of Commerce will hold a public hearing on proposed rules to create Chapter
Comm 6, relating to no smoking.
Hearing Information
The public hearing will be held as follows:
Date and Time:
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Location:
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April 6, 2010
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First Floor Conference Room
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10:00 a.m.
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Thompson Commerce Center
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201 W. Washington Avenue
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Madison
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This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Appearances at Hearing and Submittal of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until April 16, 2010, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
Copies of Proposed Rules
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or TDD Relay dial 711 in Wisconsin or (800) 947-3529. Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
Explanation of agency authority
Under the statutes cited, the Department of Commerce has the broad authority to protect the health of employees and frequenters of places of employment and public buildings.
Summary of proposed rules
The proposed rules prohibit smoking in enclosed indoor areas of places of employment and public buildings existing on or after July 1, 2010.
Comparison with federal regulations
An internet search on U.S. federal regulations and U.S. federal register yielded no results regarding a general prohibition of smoking in places of employment and public buildings.
Comparison with rules in adjacent states
The following is a comparison of smoking prohibitions enacted in adjacent states.
Illinois:
The Smoke Free Illinois Act, 410 ILCS 82, as of January 1, 2008 prohibits smoking in a public place or in any place of employment or within 15 feet of any entrance to a public place or place of employment.
Iowa:
Effective July 1, 2008, Iowa under the Smokefree Air Act no longer allows smoking in almost all public places and enclosed areas within places of employment, as well as some outdoor areas. The law applies to: restaurants, bars, outdoor entertainment events and amphitheaters. It also covers places of employment such as office buildings, health care facilities, and child care facilities. Smoking is allowed on the gaming floor of a licensed casino, as well as designated hotel and motel rooms.
Michigan:
Michigan has yet to enact a general statewide smoking prohibition.
Minnesota:
