SB601, s. 100
14Section
100. 48.63 (4) of the statutes is amended to read:
SB601,36,2415
48.63
(4) A permanency plan under s. 48.38 is required for each child placed
16in a foster home
or treatment foster home under sub. (1). If the child is living in a
17foster home
or treatment foster home under a voluntary agreement, the agency that
18negotiated or acted as intermediary for the placement shall prepare the permanency
19plan within 60 days after the placement. A copy of each plan shall be provided to the
20child if he or she is 12 years of age or over and to the child's parent or guardian. If
21the agency which arranged the voluntary placement intends to seek a court order to
22place the child outside of his or her home at the expiration of the voluntary
23placement, the agency shall prepare a revised permanency plan and file that revised
24plan with the court prior to the date of the hearing on the proposed placement.
SB601, s. 101
25Section
101. 48.64 (title) of the statutes is amended to read:
SB601,37,2
148.64 (title)
Placement of children in foster homes, treatment foster
2homes and group homes.
SB601,37,85
48.64
(1) Definition. In this section, "agency" means the department of health
6and family services, the department of corrections, a county department or a licensed
7child welfare agency authorized to place children in foster homes
or treatment foster
8homes.
SB601, s. 103
9Section
103. 48.64 (1m) of the statutes is amended to read:
SB601,37,2410
48.64
(1m) (title)
Foster home, treatment foster home and group home
11agreements. If an agency places a child in a foster home
or treatment foster home 12under a court order or voluntary agreement under s. 48.63, the agency shall enter
13into a written agreement with the head of the home. The agreement shall provide
14that the agency shall have access at all times to the child and the home, and that the
15child will be released to the agency whenever, in the opinion of the agency placing
16the child or the department, the best interests of the child require it. If a child has
17been in a foster home
, treatment foster home or group home for 6 months or more,
18the agency shall give the head of the home written notice of intent to remove the
19child, stating the reasons for the removal. The child shall not be removed before
20completion of the hearing under sub. (4) (a) or (c), if requested, or 30 days after the
21receipt of the notice, whichever is later, unless the safety of the child requires it. If
22the safety of the child requires earlier removal, s. 48.19 shall apply. If an agency
23removes a child from an adoptive placement, the head of the home shall have no claim
24against the placing agency for the expense of care, clothing or medical treatment.
SB601, s. 104
25Section
104. 48.64 (2) of the statutes is amended to read:
SB601,38,3
148.64
(2) (title)
Supervision of foster home, treatment foster home and group
2home placements. Every child in a foster home
, treatment foster home or group home
3shall be under the supervision of an agency.
SB601, s. 105
4Section
105. 48.64 (4) (a) of the statutes is amended to read:
SB601,39,115
48.64
(4) (a) Any decision or order issued by an agency that affects the head of
6a foster
, treatment foster home or group home or the children involved may be
7appealed to the department under fair hearing procedures established under
8department rules. The department shall, upon receipt of an appeal, give the head
9of the home reasonable notice and opportunity for a fair hearing. The department
10may make such additional investigation as the department considers necessary. The
11department shall give notice of the hearing to the head of the home and to the
12departmental subunit, county department or child welfare agency that issued the
13decision or order. Each person receiving notice is entitled to be represented at the
14hearing. At all hearings conducted under this subsection, the head of the home, or
15a representative of the head of the home, shall have an adequate opportunity,
16notwithstanding s. 48.78 (2) (a), to examine all documents and records to be used at
17the hearing at a reasonable time before the date of the hearing as well as during the
18hearing, to bring witnesses, to establish all pertinent facts and circumstances, and
19to question or refute any testimony or evidence, including opportunity to confront
20and cross-examine adverse witnesses. The department shall grant a continuance
21for a reasonable period of time when an issue is raised for the first time during a
22hearing. This requirement may be waived with the consent of the parties. The
23decision of the department shall be based exclusively on evidence introduced at the
24hearing. A transcript of testimony and exhibits, or an official report containing the
25substance of what transpired at the hearing, together with all papers and requests
1filed in the proceeding, and the findings of the hearing examiner shall constitute the
2exclusive record for decision by the department. The department shall make the
3record available at any reasonable time and at an accessible place to the head of the
4home or his or her representative. Decisions by the department shall specify the
5reasons for the decision and identify the supporting evidence. No person
6participating in an agency action being appealed may participate in the final
7administrative decision on that action. The department shall render its decision as
8soon as possible after the hearing and shall send a certified copy of its decision to the
9head of the home and to the departmental subunit, county department or child
10welfare agency that issued the decision or order. The decision shall be binding on all
11parties concerned.
SB601, s. 106
12Section
106. 48.64 (4) (c) of the statutes is amended to read:
SB601,39,2013
48.64
(4) (c) The circuit court for the county where the child is placed has
14jurisdiction upon petition of any interested party over a child who is placed in a foster
15home
, treatment foster home or group home. The circuit court may call a hearing,
16at which the head of the home and the supervising agency under sub. (2) shall be
17present, for the purpose of reviewing any decision or order of that agency involving
18the placement and care of the child. If the child has been placed in a foster home, the
19foster parent may present relevant evidence at the hearing. The court shall
20determine the case so as to promote the best interests of the child.
SB601, s. 107
21Section
107. Subchapter XVI (title) of chapter 48 [precedes 48.66] of the
22statutes is amended to read:
SB601,40,424
SUBCHAPTER XVI
25
LICENSING PROCEDURES AND
1REQUIREMENTS FOR CHILD WELFARE
2
AGENCIES, FOSTER HOMES,
TREATMENT
3
FOSTER HOMES, GROUP HOMES, DAY CARE
4
CENTERS AND COUNTy DEPARtMENTS
SB601,40,177
48.66
(1) The department shall license and supervise child welfare agencies,
8as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities,
9as required by s. 48.48 and day care centers, as required by s. 48.65. The department
10may license foster homes
or treatment foster homes, as provided by s. 48.62, and may
11license and supervise county departments in accordance with the procedures
12specified in this section and in ss. 48.67 to 48.74. The department of corrections may
13license a child welfare agency to operate a secured child caring institution, as defined
14in s. 938.02 (15g), for holding in secure custody children who have been convicted
15under s. 938.183 or adjudicated delinquent under s. 938.34 (4h) or (4m) and referred
16to the child welfare agency by the court or the department of corrections and to
17provide supervision, care and maintenance for those children.
SB601,41,4
2048.67 (title)
Rules governing child welfare agencies, day care centers,
21foster homes, treatment foster homes, group homes, shelter care facilities
22and county departments. The department shall promulgate rules establishing
23minimum requirements for the issuance of licenses to, and establishing standards
24for the operation of, child welfare agencies, day care centers, foster homes,
treatment
25foster homes, group homes, shelter care facilities and county departments. These
1rules shall be designed to protect and promote the health, safety and welfare of the
2children in the care of all licensees. The department shall consult with the
3department of commerce and the department of education before promulgating these
4rules.
SB601, s. 110
5Section
110. 48.675 (1) of the statutes is amended to read:
SB601,41,106
48.675
(1) Development of program. The department shall develop a foster
7care education program to provide specialized training for persons operating
family 8foster homes
or treatment foster homes. Participation in the program shall be
9voluntary and shall be limited to persons operating foster homes
or treatment foster
10homes licensed under s. 48.62 and caring for children with special treatment needs.
SB601, s. 111
11Section
111. 48.675 (2) of the statutes is amended to read:
SB601,41,2112
48.675
(2) Approval of programs. The department shall promulgate rules for
13approval of programs to meet the requirements of this section. Such programs may
14include, but need not be limited to: in-service training; workshops and seminars
15developed by the department or by county departments; seminars and courses
16offered through public or private education agencies; and workshops, seminars and
17courses pertaining to behavioral and developmental disabilities and to the
18development of mutual support services for foster parents
and treatment foster
19parents. The department may approve programs under this subsection only after
20consideration of relevant factors including level of education, useful or necessary
21skills, location and other criteria as determined by the department.
SB601, s. 112
22Section
112. 48.675 (3) (intro.) of the statutes is amended to read:
SB601,42,223
48.675
(3) Support services. (intro.) The department shall provide funds from
24the appropriations under s. 20.435
(3) (ho) and (6) (a) to enable foster parents
and
25treatment foster parents to attend education programs approved under sub. (2) and
1shall promulgate rules concerning disbursement of the funds. Moneys disbursed
2under this subsection may be used for the following purposes:
SB601, s. 113
3Section
113. 48.675 (3) (a) of the statutes is amended to read:
SB601,42,54
48.675
(3) (a) Care of residents of the foster home
or treatment foster home 5during the time of participation in an education program.
SB601, s. 114
6Section
114. 48.70 (2) of the statutes is amended to read:
SB601,42,117
48.70
(2) Special provisions for child welfare agency licenses. A license to
8a child welfare agency shall also specify the kind of child welfare work the agency is
9authorized to undertake, whether the agency may accept guardianship of children,
10whether the agency may place children in foster homes
or treatment foster homes,
11and if so, the area the agency is equipped to serve.
SB601, s. 115
12Section
115. 48.73 of the statutes is amended to read:
SB601,42,16
1348.73 Inspection of licensees. The department may visit and inspect each
14child welfare agency, foster home,
treatment foster home, group home and day care
15center licensed by it, and for such purpose shall be given unrestricted access to the
16premises described in the license.
SB601, s. 116
17Section
116. 48.75 (title) of the statutes is amended to read:
SB601,42,19
1848.75 (title)
Foster homes and treatment foster homes licensed by
19county departments and by child welfare agencies.
SB601, s. 117
20Section
117. 48.75 (1) of the statutes is amended to read:
SB601,43,521
48.75
(1) Child welfare agencies, if licensed to do so by the department, and
22county departments may license foster homes
and treatment foster homes under the
23rules promulgated by the department under s. 48.67 governing the licensing of foster
24homes
and treatment foster homes. A foster home
or treatment foster home license
25shall be issued for a term not to exceed 2 years from the date of issuance, is not
1transferable and may be revoked by the child welfare agency or by the county
2department because the licensee has substantially and intentionally violated any
3provision of this chapter or of the rules of the department promulgated pursuant to
4s. 48.67 or because the licensee fails to meet the minimum requirements for a license.
5The licensee shall be given written notice of any revocation and the grounds therefor.
SB601, s. 118
6Section
118. 48.75 (2) of the statutes is amended to read:
SB601,43,97
48.75
(2) Any foster home
or treatment foster home applicant or licensee of a
8county department or a child welfare agency may, if aggrieved by the failure to issue
9or renew its license or by revocation of its license, appeal as provided in s. 48.72.
SB601, s. 119
10Section
119. 48.831 (title) of the statutes is amended to read:
SB601,43,12
1148.831 (title)
Appointment of guardian for child without a living parent
12for adoptability finding.
SB601, s. 120
13Section
120. 48.831 (1) of the statutes is amended to read:
SB601,43,2014
48.831
(1) Type of guardianship. This section may be used for the appointment
15of a guardian of a child who does not have a living parent if a finding as to the
16adoptability of a child is sought.
Chapter Except as provided in s. 48.977, ch. 880
17applies to the appointment of a guardian for a child who does not have a living parent
18for all other purposes. An appointment of a guardian of the estate of a child who does
19not have a living parent shall be conducted in accordance with the procedures
20specified in ch. 880.
SB601, s. 121
21Section
121. 48.833 of the statutes is amended to read:
SB601,44,8
2248.833 Placement of children for adoption by the department, county
23departments and child welfare agencies. The department, a county department
24under s. 48.57 (1) (e) or (hm) or a child welfare agency licensed under s. 48.60 may
25place a child for adoption in a licensed foster home
or a licensed treatment foster
1home without a court order if the department, county department under s. 48.57 (1)
2(e) or (hm) or the child welfare agency is the guardian of the child or makes the
3placement at the request of another agency which is the guardian of the child. When
4a child is placed under this section in a licensed foster home
or a licensed treatment
5foster home for adoption, the department, county department or child welfare agency
6making the placement shall enter into a written agreement with the adoptive parent,
7which shall state the date on which the child is placed in the licensed foster home
or
8licensed treatment foster home for adoption by the adoptive parent.
SB601, s. 122
9Section
122. 48.837 (1) of the statutes is amended to read:
SB601,44,1310
48.837
(1) Adoptive placement. A parent having custody of a child and the
11proposed adoptive parent or parents of the child may petition the court for placement
12of the child for adoption in the home of a person who is not a relative of the child if
13the home is licensed as a foster home
or treatment foster home under s. 48.62.
SB601, s. 123
14Section
123. 48.975 (3) (a) of the statutes is amended to read:
SB601,44,2015
48.975
(3) (a)
Maintenance. For support of a child who was in foster care
or
16treatment foster care immediately prior to adoption, the adoption assistance for
17maintenance shall be equivalent to the amount of that child's foster care
or treatment
18foster care payment. For support of a child not in foster care
or treatment foster care 19immediately prior to placement with a subsidy, the adoption assistance for
20maintenance shall be equivalent to the uniform foster care rate.
SB601, s. 124
21Section
124. 48.977 of the statutes is created to read:
SB601,44,24
2248.977 Appointment of relatives or village foster parents as guardians
23for certain children in need of protection or services. (1)
Definition. In this
24section:
SB601,45,2
1(a) "Relative" means a relative as defined in s. 48.02 (15) or as specified in s.
249.19 (1) (a) 2. a.
SB601,45,33
(b) "Village foster parent" means a person licensed under s. 48.62 (1) (c).
SB601,45,6
4(2) Type of guardianship. This section may be used for the appointment of a
5relative or village foster parent of a child as a guardian of the person for the child if
6the court finds all of the following:
SB601,45,117
(a) That the child has been adjudged to be in need of protection or services
8under s. 48.13 (1), (2), (3), (3m), (4), (5), (8), (9), (10), (10m), (11) or (11m) and been
9placed, or continued in a placement, outside of his or her home pursuant to one or
10more court orders under s. 48.345, 48.357, 48.363 or 48.365 for a cumulative total
11period of one year or longer.
SB601,45,15
12(b) That the person nominated as the guardian of the child is a relative or
13village foster parent of the child with whom the child has been placed and that it is
14likely that the child will continue to be placed with that relative or village foster
15parent for an extended period of time or until the child attains the age of 18 years.
SB601,45,18
16(c) That, if appointed, it is likely that the relative or village foster parent would
17be willing and able to serve as the child's guardian for an extended period of time or
18until the child attains the age of 18 years.
SB601,45,2019
(d) That it is not in the best interests of the child that a petition to terminate
20parental rights be filed with respect to the child.
SB601,45,23
21(e) That the child's parent is neglecting, refusing or unable to carry out the
22duties of a guardian or, if the child has 2 parents, both parents are neglecting,
23refusing or unable to carry out the duties of a guardian.
SB601,46,424
(f) That the agency primarily responsible for providing services to the child
25under a court order has made reasonable efforts to make it possible for the child to
1return to his or her home but that reunification of the child with the child's parent
2or parents is unlikely or contrary to the best interests of the child and that further
3reunification efforts are unlikely to be made or are contrary to the best interests of
4the child.
SB601,46,8
5(3) Designation as a permanent placement. If a court appoints a guardian for
6a child under sub. (2), the court may designate the child's placement with that
7guardian as the child's permanent foster home placement for purposes of s. 48.368
8(2).
SB601,46,11
9(4) Procedure and disposition. (a)
Who may file petition. Any of the following
10persons may file a petition for the appointment of a guardian for a child under sub.
11(2):
SB601,46,1212
1. The child or the child's guardian or legal custodian.
SB601,46,1313
2. The child's guardian ad litem.
SB601,46,1414
3. The child's parent.
SB601,46,17
154. The relative or village foster parent with whom the child is placed if the
16relative or village foster parent is nominated as the guardian of the child in the
17petition.
SB601,46,1818
5. The department.
SB601,46,1919
6. A county department.
SB601,46,21
207. A licensed child welfare agency that has been assigned primary
21responsibility for providing services to the child under a court order.
SB601,46,2222
8. The person representing the interests of the public under s. 48.09.
SB601,47,223
(b)
Contents of petition. A proceeding for the appointment of a guardian for a
24child under sub. (2) shall be initiated by a petition which shall be entitled "In the
1interest of .... (child's name), a person under the age of 18" and shall set forth all of
2the following with specificity:
SB601,47,33
1. The name, birth date and address of the child.
SB601,47,5
42. The names and addresses of the child's parent or parents, guardian and legal
5custodian.
SB601,47,9
63. The date that the child was adjudged in need of protection or services under
7s. 48.13 (1), (2), (3), (3m), (4), (5), (8), (9), (10), (10m), (11) or (11m) and the dates that
8the child has been placed, or continued in a placement, outside of his or her home
9pursuant to one or more court orders under s. 48.345, 48.357, 48.363 or 48.365.
SB601,47,11
104. A statement of the facts and circumstances which the petition alleges
11establish that the conditions specified in sub. (2) (b) to (f) are met.
SB601,47,1312
5. A statement of whether the proceedings are subject to the uniform child
13custody jurisdiction act under ch. 822.
SB601,47,1514
6. A statement of whether the child may be subject to the federal Indian child
15welfare act,
25 USC 1911 to
1963.
SB601,47,1816
(c)
Service of petition and notice. 1. The petitioner shall cause the petition and
17notice of the time and place of the hearing under par. (d) to be served upon all of the
18following persons:
SB601,47,1919
a. The child if the child is 12 years of age or older.
SB601,47,2020
b. The child's guardian and legal custodian.
SB601,47,2121
c. The child's guardian ad litem.
SB601,47,2222
d. The child's counsel.
SB601,47,2323
e. The child's parent.
SB601,47,2424
f. The persons to whom notice is required to be given under s. 48.27 (3) (b) 1.
SB601,48,3
1g. The relative or village foster parent with whom the child is placed if the
2relative or village foster parent is nominated as the guardian of the child in the
3petition.
SB601,48,44
h. The person representing the interests of the public under s. 48.09.
SB601,48,65
i. The agency primarily responsible for providing services to the child under a
6court order.
SB601,48,13
72. Service shall be made by 1st class mail at least 7 days before the hearing or
8by personal service at least 7 days before the hearing or, if with reasonable diligence
9a party specified in subd. 1. cannot be served by mail or personal service, service shall
10be made by publication of a notice published as a class 1 notice under ch. 985. In
11determining which newspaper is likely to give notice as required under s. 985.02 (1),
12the petitioner shall consider the residence of the party, if known, or the residence of
13the relatives of the party, if known, or the last-known location of the party.
SB601,48,1714
(d)
Fact-finding hearing. The court shall hold a fact-finding hearing on the
15petition within 30 days after the petition is filed, at which any party may present
16evidence relevant to the issue of whether the conditions specified in sub. (2) (a) to (f)
17have been met.