48.645 Note
NOTE: Subd. 2. is shown as affected by 2 acts of the 2007 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i).
48.645(2)(a)3.
3. A county or, in a county having a population of 500,000 or more, the department, when the child is placed in a licensed foster home, treatment foster home, group home, or residential care center for children and youth or in a subsidized guardianship home by a licensed child welfare agency or by a federally recognized American Indian tribal governing body in this state or by its designee, if the child is in the legal custody of the county department under
s. 46.215,
46.22, or
46.23 or the department under
s. 48.48 (17) or if the child was removed from the home of a relative as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made under an agreement with the county department or the department.
48.645(2)(a)4.
4. A licensed foster home, treatment foster home, group home, or residential care center for children and youth or a subsidized guardianship home when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body, or when the child was part of the state's direct service case load and was removed from the home of a relative as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department.
48.645(2)(b)
(b) Notwithstanding
par. (a), aid under this section may not be granted for placement of a child in a foster home or treatment foster home licensed by a federally recognized American Indian tribal governing body, for placement of a child in a foster home, treatment foster home, group home, subsidized guardianship home, or residential care center for children and youth by a tribal governing body or its designee, or for the placement of a child who is a ward of a tribal court if the tribal governing body is receiving or is eligible to receive funds from the federal government for that type of placement.
48.645(3)
(3) Assignment of support. When any person applies for or receives aid under this section, any right of the parent or any dependent child to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application and any right to amounts accruing during the time aid is paid under this section, is assigned to the state. If a minor who is a beneficiary of aid under this section is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving aid under this section, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the minor receiving aid under this section, except as otherwise ordered by the court on the motion of a party.
48.645 History
History: 2007 a. 20 ss.
894 to
903; Stats. 2007 s. 48.645;
2007 a. 97 s.
61.
48.647
48.647
Second-chance homes. 48.647(1)(ad)
(ad) "Cultural competency" means the ability of an individual or private agency to understand and act respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes, and behaviors of persons and families of various cultures, including persons and families of various cultures who participate in services from the individual or private agency and persons of various cultures who provide services for the individual or private agency.
48.647(1)(ag)
(ag) "Eligible person" means a person 14 years of age or over, but under 21 years of age, who is a custodial parent, as defined in
s. 49.141 (1) (b), or an expectant mother, has an income, not including the income of the person's parent, guardian, or legal custodian, that is at or below 200% of the poverty line, as defined in
s. 49.001 (5), and who, at the time of referral for services under a program funded under this section, meets any of the following requirements:
48.647(1)(ag)1.
1. Is a child and is homeless, receiving inadequate care, living in an unsafe or unstable living environment, or otherwise in need of a safe and structured living arrangement.
48.647(1)(ag)2.
2. Is a child and meets one or more of the criteria specified in
s. 48.13,
938.12, or
938.13 or would be at risk of meeting one or more of those criteria if the child were not placed in a 2nd-chance home.
48.647(1)(b)
(b) "Private agency" means an organization operated for profit or a nonstock corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17).
48.647(2)(a)(a) From the appropriation under
s. 20.437 (1) (f), the department shall distribute not more than $0 in each fiscal year as grants to private agencies to provide 2nd-chance homes and related services to eligible persons who are placed under
s. 48.63 (5) in 2nd-chance homes operated by those private agencies. A private agency that is awarded a grant under this paragraph may use the amount awarded under the grant to provide care and maintenance to eligible persons who are placed under
s. 48.63 (5) in a 2nd-chance home operated by the private agency; provide services, including the services specified in
sub. (3), to eligible persons who currently are or formerly were placed under
s. 48.63 (5) in the 2nd-chance home, to the children and families of those eligible persons, and to the noncustodial parents of the children of those eligible persons; and, in the first year of the grant period, pay for the start-up costs, other than capital costs, of the private agency's program funded under this paragraph.
48.647(2)(b)
(b) The department shall award the grants under
par. (a) on a competitive basis and according to request-for-proposal procedures that the department shall prescribe in consultation with local health departments, as defined in
s. 250.01 (4), and other providers of services to eligible persons. Those request-for-proposal procedures shall include a requirement that a private agency that applies for a grant under
par. (a) include in its grant application proof that the private agency has the cultural competency to provide services under the grant to persons and families in the various cultures in the private agency's target population and that cultural competency is incorporated in the private agency's policies, administration, and practices. In awarding the grants under
par. (a), the department shall consider the need for those grants to be distributed both on a statewide basis and in the areas of the state with the greatest need for 2nd-chance homes and the need to provide placements for children who are voluntarily placed in a 2nd-chance home as well as for children who are placed in a 2nd-chance home by court order.
48.647(2)(c)
(c) A private agency that is awarded a grant under
par. (a) shall contribute matching funds equal to 25% of the amount awarded under the grant. The match may be in the form of money or in the form of both money and in-kind services, but may not be in the form of in-kind services only.
48.647(2)(d)
(d) A private agency that is awarded a grant under
par. (a) may use no more than 15% of the amount awarded under the grant to pay for administrative costs associated with the program funded under the grant.
48.647(2)(e)
(e) A grant under
par. (a) shall be awarded for a 3-year period, except that annually the department shall review the performance of a private agency that is awarded a grant based on performance criteria that the department shall prescribe and may discontinue a grant to a private agency whose performance is not satisfactory to the department based on those criteria.
48.647(3)
(3) Program requirements. A private agency that receives a grant under
sub. (2) (a) shall do all of the following:
48.647(3)(a)
(a) Operate a 2nd-chance home for the care and maintenance of eligible persons who are children, as defined in
s. 48.619.
48.647(3)(b)
(b) Maintain a community-wide network for referring eligible persons to the private agency's program funded under the grant.
48.647(3)(c)
(c) Ensure that an eligible person receiving services from the private agency's program funded under the grant is enrolled in a secondary school or its vocational or technical equivalent or in a college or technical college or is working, unless the director of the private agency determines that there is good cause for the eligible person not to be so enrolled or working.
48.647(3)(d)
(d) Ensure that an eligible person receiving services from the private agency's program is provided with intake, assessment, case planning, and case management services; skills development training in the areas of economic self-sufficiency, parenting, independent living, and life choice decision making; prenatal and other health care services, including, if necessary, mental health and alcohol and other drug abuse services; child care; and transportation.
48.647(4)
(4) Evaluation. From the appropriation under
s. 20.437 (1) (f), the department shall conduct or shall select an evaluator to conduct an evaluation of the grant program under this section and, by June 1 of the 3rd calendar year beginning after the year in which the first grant under this section is awarded, shall submit a report on that evaluation to the governor and to the appropriate standing committees under
s. 13.172 (3). The evaluation shall measure the economic self-sufficiency, parenting skills, independent living skills, and life choice decision-making skills of the eligible persons who received services under the program and any other criteria that the department determines to be appropriate for evaluation.
48.647 History
History: 2001 a. 69;
2003 a. 33;
2007 a. 20 ss.
1220 to
1229; Stats. 2007 s. 48.647.
DAY CARE PROVIDERS
48.65
48.65
Day care centers licensed; fees. 48.65(1)
(1) No person may for compensation provide care and supervision for 4 or more children under the age of 7 for less than 24 hours a day unless that person obtains a license to operate a day care center from the department. To obtain a license under this subsection to operate a day care center, 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. (3). 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).
48.65(2)
(2) This section does not include any of the following:
48.65(2)(a)
(a) A parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt of a child, whether by blood, marriage, or legal adoption, who provides care and supervision for the child.
48.65(2)(am)
(am) A guardian of a child who provides care and supervision for the child.
48.65(2)(c)
(c) A person employed to come to the home of the child's parent or guardian for less than 24 hours a day.
48.65(2)(d)
(d) A county, city, village, town, school district or library that provides programs primarily intended for recreational or social purposes.
48.65(3)(a)(a) Before the department may issue a license under
sub. (1) to a day care center that provides care and supervision for 4 to 8 children, the day care center must pay to the department a biennial fee of $60.50. Before the department may issue a license under
sub. (1) to a day care center that provides care and supervision for 9 or more children, the day care center must pay to the department a biennial fee of $30.25, plus a biennial fee of $10.33 per child, based on the number of children that the day care center is licensed to serve. A day care center that wishes to continue a license issued under
sub. (1) shall pay the applicable fee under this paragraph by the continuation date of the license. A new day care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the day care center.
48.65(3)(b)
(b) A day care center that wishes to continue a license issued under
par. (a) and that fails to pay the applicable fee under
par. (a) by the continuation date of the license or a new day care center that fails to pay the applicable fee under
par. (a) by 30 days before the opening of the day care center shall pay an additional fee of $5 per day for every day after the deadline that the group home fails to pay the fee.
48.65 Cross-reference
Cross Reference: See also chs.
DCF 250,
251, and
252, Wis. adm. code.
48.65 Annotation
The distinction created by sub. (2) (b) between private parochial schools and other private schools is unconstitutional. Milwaukee Montessori School v. Percy,
473 F. Supp. 1358 (1979).
48.651
48.651
Certification of day care providers. 48.651(1)
(1) Each county department shall certify, according to the standards adopted by the department under
s. 49.155 (1d), each day care provider reimbursed for child care services provided to families determined eligible under
s. 49.155, unless the provider is a day care center licensed under
s. 48.65 or is established or contracted for under
s. 120.13 (14). Each county may charge a fee to cover the costs of certification. To be certified under this section, a person must meet the minimum requirements for certification established by the department under
s. 49.155 (1d), meet the requirements specified in
s. 48.685 and pay the fee specified in this section. The county shall certify the following categories of day care providers:
48.651(1)(a)
(a) Level I certified family day care providers, as established by the department under
s. 49.155 (1d). No county may certify a provider under this paragraph if the provider is a relative of all of the children for whom he or she provides care.
48.651(1)(b)
(b) Level II certified family day care providers, as established by the department under
s. 49.155 (1d).
48.651(2m)
(2m) Each county department shall provide the department of health services with information about each person who is denied certification for a reason specified in
s. 48.685 (4m) (a) 1. to
5.
48.651 Cross-reference
Cross Reference: See also ch.
DCF 202, Wis. adm. code.
48.653
48.653
Information for day care providers. The department shall provide each day care center licensed under
s. 48.65 and each county agency providing child welfare services with a brochure containing information on basic child care and the licensing and certification requirements for day care providers. Each county agency shall provide each day care provider that it certifies with a copy of the brochure.
48.653 History
History: 1983 a. 193.
48.655
48.655
Parental access. A day care provider that holds a license under
s. 48.65, that is certified under
s. 48.651, that holds a probationary license under
s. 48.69 or that is established or contracted for under
s. 120.13 (14) shall permit any parent or guardian of a child enrolled in the program to visit and observe the program of child care at any time during the provider's hours of operation, unless the visit or observation is contrary to an existing court order.
48.655 History
History: 1991 a. 275;
1993 a. 16.
48.656
48.656
Parent's right to know. Every parent, guardian or legal custodian of a child who is receiving care and supervision, or of a child who is a prospective recipient of care and supervision, from a day care center that holds a license under
s. 48.65 (1) or a probationary license under
s. 48.69 has the right to know certain information about the day care center that would aid the parent, guardian or legal custodian in assessing the quality of care and supervision provided by the day care center.
48.657
48.657
Day care center reports. 48.657(1)
(1) The department shall provide each day care center that holds a license under
s. 48.65 (1) or a probationary license under
s. 48.69 with an annual report that includes the following information:
48.657(1)(a)
(a) Violations of statutes, rules promulgated by the department under
s. 48.67 or provisions of licensure under
s. 48.70 (1) by the day care center. In providing information under this paragraph, the department may not disclose the identity of any employee of the day care center.
48.657(1)(b)
(b) A telephone number at the department that a person may call to complain of any alleged violation of a statute, rule promulgated by the department under
s. 48.67 or provision of licensure under
s. 48.70 (1) by the day care center.
48.657(1)(c)
(c) The results of the most recent inspection of the day care center under
s. 48.73.
48.657(2)
(2) A day care center shall post the report under
sub. (1) next to the day care center's license or probationary license in a place where the report and the inspection results can be seen by parents, guardians or legal custodians during the day care center's hours of operation.
48.657(2g)
(2g) If the report under
sub. (1) indicates that the day care center is in violation of a statute, a rule promulgated by the department under
s. 48.67 or a provision of licensure under
s. 48.70 (1), the day care center shall post with the report any notices received from the department relating to that violation.
48.657(2r)
(2r) Each day care center that receives a report under
sub. (1) shall make available to a parent, guardian or legal custodian of a child who is receiving, or who is a prospective recipient of, care and supervision from the day care center the reports under
sub. (1) from the previous 2 years and any notices received from the department relating to any violations identified in those reports. In providing information under this subsection, a day care center may withhold any information that would disclose the identity of an employee of the day care center.
48.657(3)
(3) The department may require a day care center to provide to the department any information that is necessary for the department to prepare the report under
sub. (1).
LICENSING PROCEDURES AND REQUIREMENTS FOR CHILD WELFARE AGENCIES, FOSTER HOMES, TREATMENT FOSTER HOMES, GROUP HOMES, DAY CARE CENTERS AND COUNTY DEPARTMENTS
48.66
48.66
Licensing duties of the department. 48.66(1)(a)(a) Except as provided in
s. 48.715 (6) and
(7), the department shall license and supervise child welfare agencies, as required by
s. 48.60, group homes, as required by
s. 48.625, shelter care facilities, as required by
s. 938.22, and day care centers, as required by
s. 48.65. The department may license foster homes or treatment foster homes, as provided by
s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in
ss. 48.67 to
48.74. In the discharge of this duty the department may inspect the records and visit the premises of all child welfare agencies, group homes, shelter care facilities, and day care centers and visit the premises of all foster homes and treatment foster homes in which children are placed.
48.66(1)(b)
(b) Except as provided in
s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured residential care center for children and youth, as defined in
s. 938.02 (15g), for holding in secure custody juveniles who have been convicted under
s. 938.183 or adjudicated delinquent under
s. 938.183 or
938.34 (4d),
(4h), or
(4m) and referred to the child welfare agency by the court or the department of corrections and to provide supervision, care and maintenance for those juveniles.
48.66(1)(c)
(c) A license issued under
par. (a) or
(b), other than a license to operate a foster home, treatment foster home, or secured residential care center for children and youth, is valid until revoked or suspended. A license issued under this subsection to operate a foster home, treatment foster home, or secured residential care center for children and youth may be for any term not to exceed 2 years from the date of issuance. No license issued under
par. (a) or
(b) is transferable.
48.66(2)
(2) The department shall prescribe application forms to be used by all applicants for licenses from it. The application forms prescribed by the department shall require that the social security numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility or day care center who are individuals, other than an individual who does not have a social security number and who submits a statement made or subscribed under oath or affirmation as required under
sub. (2m) (a) 2., be provided and that the federal employer identification numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility or day care center who are not individuals be provided.
48.66(2m)(a)1.1. Except as provided in
subd. 2., the department shall require each applicant for a license under
sub. (1) (a) to operate a child welfare agency, group home, shelter care facility, or day care center who is an individual to provide that department with the applicant's social security number, and shall require each applicant for a license under
sub. (1) (a) to operate a child welfare agency, group home, shelter care facility, or day care center who is not an individual to provide that department with the applicant's federal employer identification number, when initially applying for or applying to continue the license.
48.66(2m)(a)2.
2. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department. A license issued in reliance upon a false statement submitted under this subdivision is invalid.
48.66(2m)(am)1.1. Except as provided in
subd. 2., the department of corrections shall require each applicant for a license under
sub. (1) (b) to operate a secured residential care center for children and youth who is an individual to provide that department with the applicant's social security number when initially applying for or applying to renew the license.
48.66(2m)(am)2.
2. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department of corrections that the applicant does not have a social security number. The form of the statement shall be prescribed by the department. A license issued in reliance upon a false statement submitted under this subdivision is invalid.
48.66(2m)(b)
(b) If an applicant who is an individual fails to provide the applicant's social security number to the department or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to the department, that department may not issue or continue a license under
sub. (1) (a) to operate a child welfare agency, group home, shelter care facility, or day care center to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under
par. (a) 2.
48.66(2m)(bm)
(bm) If an applicant who is an individual fails to provide the applicant's social security number to the department of corrections, that department may not issue or renew a license under
sub. (1) (b) to operate a secured residential care center for children and youth to or for the applicant unless the applicant does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under
par. (am) 2.
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, day 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.
48.66 Cross-reference
Cross Reference: See also chs.
DCF 38 and
57, Wis. adm. code.
