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 A county with a population under 500,000 may, by ordinance under s. 19.21 (6), [now s. 19.21 (5)] provide for the destruction of obsolete case records maintained by county social services agencies. 70 Atty. Gen. 196.
subch. XIII of ch. 48 SUBCHAPTER XIII
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)(a) (a) A locked room.
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)(c) (c) A public agency.
48.60(2)(d) (d) A hospital or nursing home 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(2)(g) (g) A licensed group home.
48.60(3) (3) Before issuing or continuing any license to a child welfare agency under this section, the department 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 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) (4)
48.60(4)(a)(a) In this subsection, "child with a disability" has the meaning given in s. 115.76 (5).
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 has been placed with the child welfare agency under the interstate compact on the placement of children under s. 48.988.
48.60(5) (5)
48.60(5)(a)(a) No later than 24 hours after the death of a child who resided in a residential care center for children and youth 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 and in the homes of guardians under s. 48.977 (2).
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(6) (6) To provide services to the court under s. 48.07.
48.61(7) (7) To license foster homes or treatment foster homes in accordance with s. 48.75 if licensed to do so.
48.61 Cross-reference Cross Reference: See also ch. DCF 54, Wis. adm. code.
48.615 48.615 Child welfare agency licensing fees.
48.615(1) (1)
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 a residential care center for children and youth operated by the child welfare agency, 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 and in the homes of guardians under s. 48.977 (2), 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.
subch. XIV of ch. 48 SUBCHAPTER XIV
FOSTER HOMES AND TREATMENT FOSTER HOMES
48.619 48.619 Definition. In this subchapter, "child" means a person under 18 years of age and also includes, for purposes of counting the number of children for whom a foster home, treatment foster home, or group home may provide care and maintenance, a person 18 years of age or over, but under 19 years of age, who is a full-time student at a secondary school or its vocational or technical equivalent, who is reasonably expected to complete the program before reaching 19 years of age, who was residing in the foster home, treatment foster home, or group home immediately prior to his or her 18th birthday, and who continues to reside in that foster home, treatment foster home, or group home.
48.619 History History: 2001 a. 69.
48.62 48.62 Licensing of foster homes and treatment foster homes; rates.
48.62(1)(1)
48.62(1)(a)(a) Any person who receives, with or without transfer of legal custody, 4 or fewer children or, if necessary to enable a sibling group to remain together, 6 or fewer children or, if the department promulgates rules permitting a different number of children, the number of children permitted under those rules, 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[,,] or a guardian of a child who provides care and maintenance for the 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, ch. 54, or ch. 880, 2003 stats., 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, ch. 54, or ch. 880, 2003 stats., who are licensed to operate foster homes or treatment foster homes are subject to the department's licensing rules.
48.62 Note NOTE: Sub. (2) is shown as affected by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed commas were inserted by 2005 Wis. Act 387, but rendered surplusage by 2005 Wis. Act 232. Corrective legislation is pending.
48.62(3) (3) When the department, a county department or a child welfare agency issues a license to operate a foster home or a treatment foster home, the department, county department or child welfare agency shall notify the clerk of the school district in which the foster home or treatment foster home is located that a foster home or treatment 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, 2008, the age-related rates are $333 for a child under 5 years of age; $363 for a child 5 to 11 years of age; $414 for a child 12 to 14 years of age; and $432 for a child 15 years of age or over. Beginning on January 1, 2009, the age-related rates are $349 for a child under 5 years of age; $381 for a child 5 to 11 years of age; $433 for a child 12 to 14 years of age; and $452 for a child 15 years of age or over. 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(5) (5)
48.62(5)(a)(a) Subject to par. (d), a county department or, in a county having a population of 500,000 or more, the department shall provide monthly subsidized guardianship payments in the amount specified in par. (e) to a guardian of a child under s. 48.977 (2) or under a substantially similar tribal law or law of another state who was licensed as the child's foster parent or treatment foster parent before the guardianship appointment and who has entered into a subsidized guardianship agreement with the county department or department if the guardian meets the conditions specified in par. (c) 1. and 2. and if the child meets any of the following conditions:
48.62(5)(a)1. 1. The child has been placed outside of his or her home, as described in s. 48.365 (1), for a cumulative total period of one year or longer, the court has found that the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home, while assuring that the child's health and safety are the paramount concerns, but that reunification of the child with the child's parent or parents is unlikely or contrary to the best interests of the child and that further reunification efforts are unlikely to be made or are contrary to the best interests of the child, or that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. apply, and the court has found that appointment of a guardian for the child is in the best interests of the child.
48.62(5)(a)2. 2. The child does not meet the conditions specified in subd. 1., but the county department or department has determined, and a court has confirmed under s. 48.977 (3r) or under a substantially similar tribal law or law of another state, that appointing a guardian for the child and providing monthly subsidized guardianship payments to the guardian are in the best interests of the child.
48.62(5)(b) (b) Subject to par. (d), on the death, incapacity, resignation, or removal of a guardian receiving payments under par. (a), a county department or, in a county having a population of 500,000 or more, the department shall provide monthly subsidized guardianship payments in the amount specified in par. (e) for a period of up to 12 months to an interim caretaker who meets all of the conditions specified in par. (c).
48.62(5)(c) (c) A county department or, in a county having a population of 500,000 or more, the department may not provide monthly subsidized guardianship payments under par. (a) or (b) unless all of the following conditions are met:
48.62(5)(c)1. 1. The county department or department inspects the home of the guardian or interim caretaker, interviews the guardian or interim caretaker, and determines that placement of the child with the guardian or interim caretaker is in the best interests of the child.
48.62(5)(c)2. 2. The county department or department conducts a background investigation under s. 48.57 (3p) of the guardian or interim caretaker, the employees and prospective employees of the guardian or interim caretaker who have or would have regular contact with the child for whom the payments would be made, and any other adult resident, as defined in s. 48.57 (3p) (a), of the home of the guardian or interim caretaker and determines that those individuals do not have any arrests or convictions that are likely to adversely affect the child or the ability of the guardian or interim caretaker to care for the child.
48.62(5)(c)3. 3. In the case of an interim caretaker, the interim caretaker cooperates with the county department or department in finding a permanent placement for the child.
48.62(5)(d) (d) The department shall request from the secretary of the federal department of health and human services a waiver of the requirements under 42 USC 670 to 679a that would authorize the state to receive federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the costs of providing care for a child who is in the care of a guardian who was licensed as the child's foster parent or treatment foster parent before the guardianship appointment and who has entered into a subsidized guardianship agreement with the county department or department. If the waiver is approved for a county having a population of 500,000 or more, the department shall provide the monthly payments under par. (a) from the appropriations under s. 20.437 (1) (cx), (gx), (kw), and (mx). If the waiver is approved for any other county, the department shall determine which counties are authorized to provide monthly payments under par. (a) or (b), and the county departments of those counties shall provide those payments from moneys received under s. 48.569 (1) (d).
48.62(5)(e) (e) The amount of a monthly payment under par. (a) or (b) for the care of a child shall equal the amount received under sub. (4) by the guardian of the child for the month immediately preceding the month in which the guardianship order was granted. A guardian or an interim caretaker who receives a monthly payment under par. (a) or (b) is not eligible to receive a payment under sub. (4) or s. 48.57 (3m) or (3n).
48.62(6) (6) The department or a county department may recover an overpayment made under sub. (4) or (5) from a foster parent, treatment foster parent, guardian, or interim caretaker who continues to receive payments under sub. (4) or (5) by reducing the amount of the person's monthly payment. The department may by rule specify other methods for recovering overpayments made under sub. (4) or (5). A county department that recovers an overpayment under this subsection due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule.
48.62(7) (7) In each federal fiscal year, the department shall ensure that there are no more than 2,200 children in foster care and treatment foster care placements for more than 24 months, consistent with the best interests of each child. Services provided in connection with this requirement shall comply with the requirements under P.L. 96-272.
48.62 Cross-reference Cross Reference: See also ch. DCF 56, Wis. adm. code.
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 Insurance Co. 112 Wis. 2d 18, 331 N.W.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, not including children who under sub. (1m) are not counted toward that number, 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(1m) (1m) The department may issue a license under sub. (1) authorizing a group home solely to provide a safe and structured living arrangement for children 12 years of age or over who are custodial parents, as defined in s. 49.141 (1) (b), or expectant mothers and who are placed in the group home under s. 48.345 (3) (cm) or 938.34 (3) (cm) and for children 14 years of age or over who are custodial parents, as defined in s. 49.141 (1) (b), or expectant mothers and who are placed in the group home under voluntary agreements under s. 48.63 (5), and to provide those children with training in parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote the long-term economic independence of those children and the well-being of the children of those children. In licensing a group home described in this subsection, the department may not count toward the number of children whom the group home is licensed to serve the child of a child who is placed in the group home. The department shall promulgate rules establishing standards for a group home described in this subsection. Those rules shall require such a group home to provide for the health, safety, and welfare of the child of any child custodial parent who has been placed in that group home and to have a policy governing visitation between such a child and the child's noncustodial parent.
48.625(2) (2)
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.
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