48.57(3p)(h)5.
5. A decision under this paragraph is not subject to review under
ch. 227.
Effective date note
NOTE: Par. (h) is repealed eff. the day after publication of the 2001-03 biennial budget by
1997 Wis. Act 252.
48.57(3p)(hm)
(hm) A county department or, in a county having a population of 500,000 or more, the department may not make payments to a person under
sub. (3n) and a person receiving payments under
sub. (3n) may not employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident if the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary to review conviction records under this paragraph determines that the person has any arrest or conviction that is likely to adversely affect the child or the long-term kinship care relative's ability to care for the child.
48.57(3p)(i)
(i) A county department and, in a county having a population of 500,000 or more, the department of health and family services shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under
s. 19.35.
48.57(3p)(j)
(j) A county department or, in a county having a population of 500,000 or more, the department of health and family services may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.
48.57(3t)
(3t) Notwithstanding
subs. (3m),
(3n) and
(3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe or band to allow that governing body to administer the program under
subs. (3m),
(3n) and
(3p) within the boundaries of that reservation. Any agreement under this subsection relating to the administration of the program under
sub. (3m) shall specify the person with whom a request for review under
sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under
sub. (3p) (h) 3. and make the determination under
sub. (3p) (h) 4. Any agreement under this subsection relating to the administration of the program under
sub. (3n) shall specify who is to make any determination as to whether a conviction record is satisfactory.
48.57 History
History: 1977 c. 29;
1977 c. 83 s.
26;
1977 c. 271,
354,
418,
447,
449;
1979 c. 34,
221;
1981 c. 329;
1983 a. 189 s.
329 (17);
1983 a. 447;
1985 a. 176;
1987 a. 339;
1993 a. 385,
395,
446,
491;
1995 a. 27 ss.
2575 to
2579m,
9126 (19);
1995 a. 77,
289,
443;
1997 a. 3,
27,
35,
36,
41,
105,
237,
252,
292.
48.57 Annotation
This section does not authorize the department to place children in a detention home temporarily while permanent placement is sought. State ex rel. Harris v. Larson, 64 W (2d) 521, 219 NW (2d) 335.
48.57 Annotation
County agencies providing child welfare services do not have authority under sub. (1) or s. 48.52 to lease real property for foster home use. 65 Atty. Gen. 93.
48.58
48.58
County children's home in populous counties. 48.58(1)(1) Any existing county children's home in counties with a population of 500,000 or more may do any of the following:
48.58(1)(b)
(b) Provide care for children in need of protection or services, and delinquent juveniles referred by the county department under
s. 46.215, if the delinquent juveniles are placed in separate facilities;
48.58(1)(c)
(c) Provide temporary shelter care for children in need of protection or services and delinquent juveniles; provided that the delinquent juveniles are placed in separate facilities.
48.59
48.59
Examination and records. 48.59(1)
(1) The county department or, in a county having a population of 500,000 or more, the department or an agency under contract with the department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under
s. 48.345 and of every expectant mother of an unborn child placed under its supervision under
s. 48.347 and make any physical or mental examinations of the child or expectant mother considered necessary to determine the type of care necessary for the child or expectant mother. The county department, department or agency shall screen a child or expectant mother who is examined under this subsection to determine whether the child or expectant mother is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department, department or agency shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child or expectant mother, the results of all tests and examinations given the child or expectant mother and a complete history of all placements of the child while in the legal custody or under the supervision of the county department, department or agency or of the expectant mother while under the supervision of the county department, department or agency.
48.59(2)
(2) At the department's request, the county department shall report to the department regarding children who are in the legal custody or under the supervision of the county department and expectant mothers of unborn children who are under the supervision of the county department.
48.59 Annotation
County with a population under 500,000 may by ordinance under s. 19.21 (6) may provide for the destruction of obsolete case records maintained by county social services agencies. 70 Atty. Gen. 196.
CHILD WELFARE AGENCIES
48.599
48.599
Definitions. In this subchapter:
48.599(1)
(1) "Physical restraint" includes all of the following:
48.599(1)(b)
(b) A device or garment that interferes with a child's freedom of movement and that the child is unable to remove easily.
48.599(1)(c)
(c) Restraint by a child welfare agency staff member of a child by use of physical force.
48.599(2)
(2) "Psychotropic medication" means an antipsychotic, antidepressant, lithium carbonate or a tranquilizer.
48.599 History
History: 1989 a. 336.
48.60
48.60
Child welfare agencies licensed. 48.60(1)
(1) No person may receive children, with or without transfer of legal custody, to provide care and maintenance for 75 days in any consecutive 12 months' period for 4 or more such children at any one time unless that person obtains a license to operate a child welfare agency from the department. To obtain a license under this subsection to operate a child welfare agency, a person must meet the minimum requirements for a license established by the department under
s. 48.67, meet the requirements specified in
s. 48.685 and pay the applicable license fee under
s. 48.615 (1) (a) or
(b). A license issued under this subsection is valid until revoked or suspended, but shall be reviewed every 2 years as provided in
s. 48.66 (5).
48.60(2)
(2) This section does not include:
48.60(2)(a)
(a) A relative or guardian who provides care and maintenance for such children;
48.60(2)(b)
(b) A bona fide educational institution whose pupils, in the ordinary course of events, return annually to the homes of their parents or guardians for not less than 2 months of summer vacation;
48.60(2)(d)
(d) A hospital, maternity hospital, maternity home, nursing home or tuberculosis sanatorium licensed, approved or supervised by the department;
48.60(2)(e)
(e) A licensed foster home or a licensed treatment foster home.
48.60(2)(f)
(f) Institutions for mentally deficient children, which institutions have a full-time child population of not less than 150 children and which are subject to examination as provided in
s. 46.03 (5).
48.60(3)
(3) Before issuing or continuing any license to a child welfare agency under this section, the department of health and family services shall review the need for the additional placement resources that would be made available by licensing or continuing the license of any child welfare agency after August 5, 1973, providing care authorized under
s. 48.61 (3). Neither the department of health and family services nor the department of corrections may make any placements to any child welfare agency where the departmental review required under this subsection has failed to indicate the need for the additional placement resources.
48.60(4)(b)
(b) Notwithstanding
ss. 121.78 (3) (a) and
121.79 (1) (a), a child welfare agency shall pay for the costs incurred by a school district in providing special education and related services to a child with a disability who is a resident of the child welfare agency, if the child was placed in the child welfare agency pursuant to the interstate compact on the placement of children under
s. 48.988.
48.60(5)(a)(a) No later than 24 hours after the death of a child who resided in a building operated by a child welfare agency, the child welfare agency shall report the death to the department if one of the following applies:
48.60(5)(a)1.
1. There is reasonable cause to believe that the death was related to the use of physical restraint or a psychotropic medication for the child.
48.60(5)(a)3.
3. There is reasonable cause to believe that the death was a suicide.
48.60(5)(c)
(c) No later than 14 days after the date of the death reported under
par. (a), the department shall investigate the death.
48.61
48.61
Powers and duties of child welfare agencies. A child welfare agency shall have authority:
48.61(1)
(1) To accept legal or physical custody of children transferred to it by the court under
s. 48.355;
48.61(2)
(2) To contract with any parent or guardian or other person for the supervision or care and maintenance of any child;
48.61(3)
(3) To provide appropriate care and training for children in its legal or physical custody and, if licensed to do so, to place children in licensed foster homes, licensed treatment foster homes and licensed group homes;
48.61(4)
(4) To provide for the moral and religious training of children in its legal custody according to the religious belief of the child or the child's parents;
48.61(5)
(5) If licensed to do so, to accept guardianship of children when appointed by the court, and to place children under its guardianship for adoption;
48.61(7)
(7) To license foster homes or treatment foster homes in accordance with
s. 48.75 if licensed to do so.
48.615
48.615
Child welfare agency licensing fees. 48.615(1)(a)(a) Before the department may issue a license under
s. 48.60 (1) to a child welfare agency that regularly provides care and maintenance for children within the confines of its building, the child welfare agency must pay to the department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on the number of children that the child welfare agency is licensed to serve.
48.615(1)(b)
(b) Before the department may issue a license under
s. 48.60 (1) to a child welfare agency that places children in licensed foster homes, licensed treatment foster homes and licensed group homes, the child welfare agency must pay to the department a biennial fee of $254.10
48.615(1)(c)
(c) A child welfare agency that wishes to continue a license issued under
s. 48.60 (1) shall pay the applicable fee under
par. (a) or
(b) by the continuation date of the license.
48.615(1)(d)
(d) A new child welfare agency shall pay the applicable fee under
par. (a) or
(b) no later than 30 days before the opening of the child welfare agency.
48.615(2)
(2) A child welfare agency that wishes to continue a license issued under
s. 48.60 (1) and that fails to pay the applicable fee under
sub. (1) (a) or
(b) by the continuation date of the license or a new child welfare agency that fails to pay the applicable fee under
sub. (1) (a) or
(b) by 30 days before the opening of the child welfare agency shall pay an additional fee of $5 per day for every day after the deadline that the agency fails to pay the fee.
FOSTER HOMES AND TREATMENT FOSTER HOMES
48.62
48.62
Licensing of foster homes and treatment foster homes; rates. 48.62(1)(a)(a) Any person who receives, with or without transfer of legal custody, 4 or fewer children or more than 4 children if all of the children are siblings to provide care and maintenance for those children shall obtain a license to operate a foster home from the department, a county department or a licensed child welfare agency as provided in
s. 48.75.
48.62(1)(b)
(b) Any person who receives, with or without transfer of legal custody, 4 or fewer children into a home to provide care and maintenance and structured, professional treatment for those children shall obtain a license to operate a treatment foster home from the department, a county department or a licensed child welfare agency as provided in
s. 48.75.
48.62(2)
(2) A relative as defined in
s. 48.02 (15) or as specified in
s. 49.19 (1) (a) or a guardian of a child, who provides care and maintenance for a child, is not required to obtain the license specified in this section. The department, county department or licensed child welfare agency as provided in
s. 48.75 may issue a license to operate a foster home or a treatment foster home to a relative who has no duty of support under
s. 49.90 (1) (a) and who requests a license to operate a foster home or treatment foster home for a specific child who is either placed by court order or who is the subject of a voluntary placement agreement under
s. 48.63. The department, a county department or a licensed child welfare agency may, at the request of a guardian appointed under
s. 48.977 or
48.978 or
ch. 880, license the guardian's home as a foster home or treatment foster home for the guardian's minor ward who is living in the home and who is placed in the home by court order. Relatives with no duty of support and guardians appointed under
s. 48.977 or
48.978 or
ch. 880 who are licensed to operate foster homes or treatment foster homes are subject to the department's licensing rules.
48.62(3)
(3) When the department, a county department or a child welfare agency issues a license to operate a foster home, the department, county department or child welfare agency shall notify the clerk of the school district in which the foster home is located that a foster home has been licensed in the school district.
48.62(4)
(4) Monthly payments in foster care shall be provided according to the age-related rates specified in this subsection. Beginning on January 1, 1998, the age-related rates are: $289 for children aged 4 and under; $315 for children aged 5 to 11; $358 for children aged 12 to 14 and $374 for children aged 15 to 17. Beginning on January 1, 1999, the age-related rates are: $296 for children aged 4 and under; $323 for children aged 5 to 11; $367 for children aged 12 to 14; and $383 for children aged 15 to 17. In addition to these grants for basic maintenance, the department shall make supplemental payments for special needs, exceptional circumstances, care in a treatment foster home and initial clothing allowances according to rules promulgated by the department.
48.62 Annotation
A foster child in a family owned foster home under a one year dispositional order is a resident of the household for insurance purposes. A. G. v. Travelers Ins. Co. 112 W (2d) 18, 331 NW (2d) 643 (Ct. App. 1983).
48.62 Annotation
Foster homes owned, operated or contracted for by the department or a county department are immune from local zoning ordinances. Foster homes owned, operated or contracted for by licensed child welfare agencies are not immune. All family operated foster homes are subject to local zoning. Municipal foster home licensing ordinances are unenforceable. 63 Atty. Gen. 34.
48.62 Annotation
State-licensed foster homes are immune from local zoning ordinances restricting the number of unrelated occupants of single family dwellings. 66 Atty. Gen. 342.
48.625
48.625
Licensing of group homes; fees. 48.625(1)
(1) Any person who receives, with or without transfer of legal custody, 5 to 8 children, to provide care and maintenance for those children shall obtain a license to operate a group home from the department. To obtain a license under this subsection to operate a group home, a person must meet the minimum requirements for a license established by the department under
s. 48.67, meet the requirements specified in
s. 48.685 and pay the license fee under
sub. (2). A license issued under this subsection is valid until revoked or suspended, but shall be reviewed every 2 years as provided in
s. 48.66 (5).
48.625(2)(a)(a) Before the department may issue a license under
sub. (1) to a group home, the group home must pay to the department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on the number of children that the group home is licensed to serve. A group home that wishes to continue a license issued under
sub. (1) shall pay the fee under this paragraph by the continuation date of the license. A new group home shall pay the fee under this paragraph no later than 30 days before the opening of the group home.
48.625(2)(b)
(b) A group home that wishes to continue a license issued under
sub. (1) and that fails to pay the fee under
par. (a) by the continuation date of the license or a new group home that fails to pay the fee under
par. (a) by 30 days before the opening of the group home shall pay an additional fee of $5 per day for every day after the deadline that the group home fails to pay the fee.
48.625(2m)
(2m) When the department issues a license to operate a group home, the department shall notify the clerk of the school district in which the group home is located that a group home has been licensed in the school district.
48.625(3)
(3) This section does not apply to a foster home licensed under
s. 48.62 (1) (a) in which care and maintenance is provided for more than 4 siblings.
48.625 Cross-reference
Cross-reference: See s.
48.66 for the department's licensing authority.
