SB601,51,223
(b) The court shall hold a hearing on the matter prior to any revision of the
24guardianship order if the request or court proposal indicates that new information
25is available which affects the advisability of the court's guardianship order, unless
1written waivers of objections to the revision are signed by all parties entitled to
2receive notice under sub. (4) (c) and the court approves the waivers.
SB601,51,93
(c) If a hearing is to be held, the court shall notify the persons entitled to receive
4notice under sub. (4) (c) at least 7 days prior to the hearing of the date, place and
5purpose of the hearing. A copy of the request or proposal shall be attached to the
6notice. The court may order a revision if, at the hearing, the court finds that it has
7been proved by clear and convincing evidence that there has been a substantial
8change in circumstances and if the court determines that a revision would be in the
9best interests of the child.
SB601,51,14
10(7) Termination of guardianship. (a)
Term of guardianship. Unless the court
11order entered under sub. (4) (h) 2. or (6) specifies that a guardianship under this
12section be for a lesser period of time, a guardianship under this section shall continue
13until the child attains the age of 18 years or until terminated by the court, whichever
14occurs earlier.
SB601,51,2115
(b)
Removal for cause. 1. Any person authorized to file a petition under sub.
16(4) (a) may request that a guardian appointed under sub. (2) be removed for cause
17or the court may, on its own motion, propose such a removal. The request or court
18proposal shall allege facts sufficient to show that the guardian is or has been
19neglecting, is or has been refusing or is or has been unable to discharge the guardian's
20trust and may allege facts relating to any other information that affects the
21advisability of the court's disposition.
SB601,51,2422
2. The court shall hold a hearing on the matter unless written waivers of
23objections to the removal are signed by all parties entitled to receive notice under
24sub. (4) (c) and the court approves the waivers.
SB601,52,8
13. If a hearing is to be held, the court shall notify the persons entitled to receive
2notice under sub. (4) (c) at least 7 days prior to the hearing of the date, place and
3purpose of the hearing. A copy of the request or court proposal shall be attached to
4the notice. The court shall remove the guardian for cause if, at the hearing, the court
5finds that it has been proved by clear and convincing evidence that the guardian is
6or has been neglecting, is or has been refusing or is or has been unable to discharge
7the guardian's trust and if the court determines that removal of the guardian would
8be in the best interests of the child.
SB601,52,109
(c)
Resignation. A guardian appointed under sub. (2) may resign at any time
10if the resignation is accepted by the court.
SB601,52,1711
(d)
Termination on request of parent. 1. A parent of the child may request that
12a guardianship order entered under sub. (4) (h) 2. or a revised order entered under
13sub. (6) be terminated. The request shall allege facts sufficient to show that there
14has been a substantial change in circumstances since the last order affecting the
15guardianship was entered, that the parent is willing and able to carry out the duties
16of a guardian and that the proposed termination of guardianship would be in the best
17interests of the child.
SB601,52,2018
2. The court shall hold a hearing on the matter unless written waivers of
19objections to the termination are signed by all parties entitled to receive notice under
20sub. (4) (c) and the court approves the waivers.
SB601,53,421
3. If a hearing is to be held, the court shall notify the persons entitled to receive
22notice under sub. (4) (c) at least 7 days prior to the hearing of the date, place and
23purpose of the hearing. A copy of the request shall be attached to the notice. The
24court shall terminate the guardianship if, at the hearing, the court finds that it has
25been proved by clear and convincing evidence that there has been a substantial
1change in circumstances since the last order affecting the guardianship was entered
2and the parent is willing and able to carry out the duties of a guardian and if the court
3determines that termination of the guardianship would be in the best interests of the
4child.
SB601,53,6
5(8) Relationship to ch. 880
. (a) This section does not abridge the duties or
6authority of a guardian appointed under ch. 880.
SB601,53,87
(b) Nothing in this section prohibits an individual from petitioning a court
8under ch. 880 for appointment of a guardian.
SB601, s. 125
9Section
125. 48.98 (1) of the statutes is amended to read:
SB601,53,1310
48.98
(1) No person may bring a child into this state or send a child out of this
11state for the purpose of placing the child in foster care o
r treatment foster care or for
12the purpose of adoption without a certificate from the department that the home is
13suitable for the child.
SB601, s. 126
14Section
126. 48.98 (2) (a) of the statutes is amended to read:
SB601,53,2115
48.98
(2) (a) Any person, except a county department or licensed child welfare
16agency, who brings a child into this state for the purpose of placing the child in a
17foster home
or treatment foster home shall, before the child's arrival in this state, file
18with the department a $1,000 noncancelable bond in favor of this state, furnished by
19a surety company licensed to do business in this state. The condition of the bond shall
20be that the child will not become dependent on public funds for his or her primary
21support before the child reaches age 18 or is adopted.
SB601, s. 127
22Section
127. 48.981 (3) (d) 1. of the statutes is amended to read:
SB601,54,223
48.981
(3) (d) 1. In this paragraph, "agent" includes, but is not limited to, a
24foster parent
, treatment foster parent or other person given custody of a child or a
25human services professional employed by a county department under s. 51.42 or
151.437 who is working with the child under contract with or under the supervision
2of the county department under s. 46.215 or 46.22.
SB601, s. 128
3Section
128. 48.981 (7) (a) 4. of the statutes is amended to read:
SB601,54,74
48.981
(7) (a) 4. A child's foster parent
, treatment foster parent or other person
5having physical custody of the child, except that the person or agency maintaining
6the record or report may not disclose any information that would identify the
7reporter.
SB601,54,1910
49.19
(1) (a) 2. b. Is living in a foster home o
r treatment foster home licensed
11under s. 48.62 if a license is required under that section, in a foster home
or treatment
12foster home located within the boundaries of a federally recognized American Indian
13reservation in this state and licensed by the tribal governing body of the reservation,
14in a group home licensed under s. 48.625 or in a child-caring institution licensed
15under s. 48.60, and has been placed in the foster home,
treatment foster home, group
16home or institution by a county department under s. 46.215, 46.22 or 46.23, by the
17department of health and family services, by the department of corrections or by a
18federally recognized American Indian tribal governing body in this state under an
19agreement with a county department.
SB601, s. 130
20Section
130. 49.19 (4e) (a) of the statutes is amended to read:
SB601,55,221
49.19
(4e) (a) Except as provided in par. (b), if a person applying for aid is under
2218 years of age, has never married and is pregnant or has a dependent child in his
23or her care, the person is not eligible for aid unless he or she lives in a place
24maintained by his or her parent, legal guardian or other adult relative as the
25parent's, guardian's or other adult relative's own home or lives in a foster home,
1treatment foster home, maternity home or other supportive living arrangement
2supervised by an adult.
SB601,55,175
49.19
(10) (a) Aid under this section may also be granted to a nonrelative who
6cares for a child dependent upon the public for proper support in a foster home
or
7treatment foster home having a license under s. 48.62, in a foster home
or treatment
8foster home located within the boundaries of a federally recognized American Indian
9reservation in this state and licensed by the tribal governing body of the reservation
10or in a group home licensed under s. 48.625, regardless of the cause or prospective
11period of dependency. The state shall reimburse counties pursuant to the procedure
12under s. 46.495 (2) and the percentage rate of participation set forth in s. 46.495 (1)
13(d) for aid granted under this subsection except that if the child does not have legal
14settlement in the granting county, state reimbursement shall be at 100%. The county
15department under s. 46.215 or 46.22 shall determine the legal settlement of the child.
16A child under one year of age shall be eligible for aid under this subsection
17irrespective of any other residence requirement for eligibility within this section.
SB601, s. 132
18Section
132. 49.19 (10) (c) of the statutes is amended to read:
SB601,56,219
49.19
(10) (c) Reimbursement under par. (a) may also be paid to the county
20when the child is placed in a licensed foster home,
treatment foster home, group
21home or child-caring institution by a licensed child welfare agency or by a federally
22recognized American Indian tribal governing body in this state or by its designee, if
23the child is in the legal custody of the county department under s. 46.215, 46.22 or
2446.23 or if the child was removed from the home of a relative specified in sub. (1) (a)
25as a result of a judicial determination that continuance in the home of the relative
1would be contrary to the child's welfare for any reason and the placement is made
2pursuant to an agreement with the county department.
SB601,56,145
49.19
(10) (d) Aid may also be paid under this section to a foster home
or
6treatment foster home, to a group home licensed under s. 48.625 or to a child-caring
7institution by the state when the child is in the custody or guardianship of the state,
8when the child is a ward of an American Indian tribal court in this state and the
9placement is made under an agreement between the department and the tribal
10governing body or when the child was part of the state's direct service case load and
11was removed from the home of a relative specified in sub. (1) (a) as a result of a
12judicial determination that continuance in the home of a relative would be contrary
13to the child's welfare for any reason and the child is placed by the department of
14health and family services or the department of corrections.
SB601, s. 134
15Section
134. 49.19 (10) (e) of the statutes is amended to read:
SB601,56,2316
49.19
(10) (e) Notwithstanding pars. (a), (c) and (d), aid under this section may
17not be granted for placement of a child in a foster home
or treatment foster home 18licensed by a federally recognized American Indian tribal governing body, for
19placement of a child in a foster home
, treatment foster home or child-caring
20institution by a tribal governing body or its designee, for the placement of a child who
21is a ward of a tribal court if the tribal governing body is receiving or is eligible to
22receive funds from the federal government for that type of placement or for
23placement of a child in a group home licensed under s. 48.625.
SB601, s. 135
24Section
135. 49.20 (2) (d) of the statutes is amended to read:
SB601,57,2
149.20
(2) (d) Is living in a home situation specified in s. 49.19 (1) (a), but not
2including a foster home
or treatment foster home.
SB601,57,125
49.32
(9) (a) Each county department under s. 46.215, 46.22 or 46.23
6administering aid to families with dependent children shall maintain a monthly
7report at its office showing the names and addresses of all persons receiving such aid
8together with the amount paid during the preceding month. Nothing in this
9paragraph shall be construed to authorize or require the disclosure in the report of
10any information (names, addresses, amounts of aid or otherwise) pertaining to
11adoptions, or aid furnished for the care of children in foster homes
or treatment foster
12homes under s. 49.19 (10).
SB601, s. 137
13Section
137. 49.45 (3) (e) 7. of the statutes is amended to read:
SB601,58,614
49.45
(3) (e) 7. The daily reimbursement or payment rate to a hospital for
15services provided to medical assistance recipients awaiting admission to a skilled
16nursing home, intermediate care facility, community-based residential facility,
17group home, foster home
, treatment foster home or other custodial living
18arrangement may not exceed the maximum reimbursement or payment rate based
19on the average adjusted state skilled nursing facility rate, created under sub. (6m).
20This limited reimbursement or payment rate to a hospital commences on the date the
21department, through its own data or information provided by hospitals, determines
22that continued hospitalization is no longer medically necessary or appropriate
23during a period where the recipient awaits placement in an alternate custodial living
24arrangement. The department may contract with a peer review organization,
25established under
42 USC 1320c to
1320c-10, to determine that continued
1hospitalization of a recipient is no longer necessary and that admission to an
2alternate custodial living arrangement is more appropriate for the continued care of
3the recipient. In addition, the department may contract with a peer review
4organization to determine the medical necessity or appropriateness of physician
5services or other services provided during the period when a hospital patient awaits
6placement in an alternate custodial living arrangement.
SB601,58,109
49.46
(1) (a) 5. Any child in an adoption assistance
, or foster care
or treatment
10foster care placement under ch. 48 or 938, as determined by the department.
SB601, s. 139
11Section
139. 49.46 (1) (d) 1. of the statutes is amended to read:
SB601,58,1712
49.46
(1) (d) 1. Children who are placed in licensed foster homes
or licensed
13treatment foster homes by the department and who would be eligible for payment
14of aid to families with dependent children in foster homes
or treatment foster homes 15except that their placement is not made by a county department under s. 46.215,
1646.22 or 46.23 will be considered as recipients of aid to families with dependent
17children.
SB601, s. 140
18Section
140. 50.01 (1) (a) 1. of the statutes is amended to read:
SB601,59,319
50.01
(1) (a) 1. Care and maintenance above the level of room and board but
20not including nursing care are provided in the private residence by the care provider
21whose primary domicile is this residence for 3 or 4 adults, or more adults if all of the
22adults are siblings, each of whom has a developmental disability, as defined in s.
2351.01 (5), or, if the residence is licensed as a
family foster home
or a treatment foster
24home, care and maintenance are provided to children, the combined total of adults
25and children so served being no more than 4, or more adults or children if all of the
1adults or all of the children are siblings, or, if the residence is licensed as a
treatment 2village foster home, care and maintenance are provided to children, the combined
3total of adults and children so served being no more than
4 6.
SB601, s. 141
4Section
141. 50.01 (1) (a) 2. of the statutes is amended to read:
SB601,59,75
50.01
(1) (a) 2. The private residence was licensed under s. 48.62 as a foster
6home
or treatment foster home for the care of the adults specified in subd. 1. at least
712 months before any of the adults attained 18 years of age.
SB601, s. 142
8Section
142. 59.97 (15) (intro.) of the statutes is amended to read:
SB601,59,139
59.97
(15) Community and other living arrangements. (intro.) For purposes
10of this section, the location of a community living arrangement, as defined in s. 46.03
11(22), a foster home, as defined in s. 48.02 (6),
a treatment foster home, as defined in
12s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1), in any city, village
13or town, shall be subject to the following criteria:
SB601, s. 143
14Section
143. 59.97 (15) (bm) of the statutes is amended to read:
SB601,59,2015
59.97
(15) (bm) A foster home
or a treatment foster home that is the primary
16domicile of a foster parent
or treatment foster parent and that is licensed under s.
1748.62 or an adult family home certified under s. 50.032 (1m) (b) shall be a permitted
18use in all residential areas and is not subject to pars. (a) and (b) except that foster
19homes
and treatment foster homes operated by corporations, child welfare agencies,
20churches, associations or public agencies shall be subject to pars. (a) and (b).
SB601, s. 144
21Section
144. 60.63 (intro.) of the statutes is amended to read:
SB601,60,2
2260.63 Community and other living arrangements. (intro.) For purposes
23of s. 60.61, the location of a community living arrangement, as defined in s. 46.03 (22),
24a foster home, as defined in s. 48.02 (6),
a treatment foster home, as defined in s. 48.02
1(17q), or an adult family home, as defined in s. 50.01 (1), in any town shall be subject
2to the following criteria:
SB601, s. 145
3Section
145. 60.63 (3) of the statutes is amended to read:
SB601,60,94
60.63
(3) A foster home
or a treatment foster home that is the primary domicile
5of a foster parent
or treatment foster parent and that is licensed under s. 48.62 or an
6adult family home certified under s. 50.032 (1m) (b) shall be a permitted use in all
7residential areas and is not subject to subs. (1) and (2) except that foster homes
and
8treatment foster homes operated by corporations, child welfare agencies, churches,
9associations or public agencies shall be subject to subs. (1) and (2).
SB601, s. 146
10Section
146. 62.23 (7) (i) (intro.) of the statutes is amended to read:
SB601,60,1511
62.23
(7) (i)
Community and other living arrangements. (intro.) For purposes
12of this section, the location of a community living arrangement, as defined in s. 46.03
13(22), a foster home, as defined in s. 48.02 (6),
a treatment foster home, as defined in
14s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1), in any city shall be
15subject to the following criteria:
SB601, s. 147
16Section
147. 62.23 (7) (i) 2m. of the statutes is amended to read:
SB601,60,2217
62.23
(7) (i) 2m. A foster home
or treatment foster home that is the primary
18domicile of a foster parent
or treatment foster parent and that is licensed under s.
1948.62 or an adult family home certified under s. 50.032 (1m) (b) shall be a permitted
20use in all residential areas and is not subject to subds. 1. and 2. except that foster
21homes and
treatment foster homes operated by corporations, child welfare agencies,
22churches, associations or public agencies shall be subject to subds. 1. and 2.
SB601, s. 148
23Section
148. 103.10 (1) (a) (intro.) of the statutes is amended to read:
SB601,60,2524
103.10
(1) (a) (intro.) "Child" means a natural, adopted
, or foster
or treatment
25foster child, a stepchild or a legal ward to whom any of the following applies:
SB601, s. 149
1Section
149. 103.10 (1) (f) of the statutes is amended to read:
SB601,61,42
103.10
(1) (f) "Parent" means a natural parent, foster parent,
treatment foster
3parent, adoptive parent, stepparent or legal guardian of an employe or an employe's
4spouse.
SB601,61,87
106.11
(2) (a) 1. d. The individual is a foster child
or treatment foster child on
8behalf of whom state or local government payments are made.
SB601, s. 151
9Section
151. 121.79 (1) (d) (intro.) of the statutes is amended to read:
SB601,61,1110
121.79
(1) (d) (intro.) For pupils in foster homes
, treatment foster homes or
11group homes, if:
SB601, s. 152
12Section
152. 121.79 (1) (d) 1. of the statutes is amended to read:
SB601,61,1413
121.79
(1) (d) 1. The foster
, treatment foster home or group home is located
14outside the school district in which the pupil's parent or guardian resides; and
SB601, s. 153
15Section
153. 121.79 (1) (d) 2. of the statutes is amended to read:
SB601,61,1716
121.79
(1) (d) 2. The foster
, treatment foster home or group home is exempted
17under s. 70.11.
SB601, s. 154
18Section
154. 146.0255 (2) of the statutes is amended to read:
SB601,62,719
146.0255
(2) Testing. Any hospital employe who provides health care, social
20worker or foster care
or treatment foster care intake worker may refer an infant to
21a physician for testing of the infant's bodily fluids for controlled substances if the
22hospital employe who provides health care, social worker or foster care
or treatment
23foster care intake worker suspects that the infant has controlled substances in the
24infant's bodily fluids because of the mother's ingestion of controlled substances while
25she was pregnant with the infant. The physician may test the infant to ascertain
1whether or not the infant has controlled substances in the infant's bodily fluids, if the
2parent or guardian consents to the testing and if the physician determines that there
3is a serious risk that there are controlled substances in the infant's bodily fluids
4because of the mother's ingestion of controlled substances while she was pregnant
5with the infant. If the results of the test indicate that the infant does have controlled
6substances in the infant's bodily fluids, the physician shall make a report under s.
746.238.
SB601, s. 155
8Section
155. 167.10 (7) of the statutes is amended to read:
SB601,62,129
167.10
(7) Parental liability. A parent, foster parent,
treatment foster parent, 10family-operated group home parent or legal guardian of a minor who consents to the
11use of fireworks by the minor is liable for damages caused by the minor's use of the
12fireworks.
SB601,62,2015
301.26
(4) (d) 3m. Beginning on July 1, 1996, and ending on December 31, 1996,
16the per person daily cost assessment to counties shall be $153.98 for care in a child
17caring institution, $106.82 for care in a group home for children, $23.80 for care in
18a foster home, $68.58 for care in a treatment foster home,
$68.58 for care in a village
19foster home, $82.11 for departmental corrective sanctions services and $11.48 for
20departmental aftercare services.
SB601,63,323
301.26
(4) (d) 4. Beginning on January 1, 1997, and ending on June 30, 1997,
24the per person daily cost assessment to counties shall be $157.08 for care in a child
25caring institution, $108.98 for care in a group home for children, $24.29 for care in
1a foster home, $69.95 for care in a treatment foster home,
$69.95 for care in a village
2foster home, $82.11 for departmental corrective sanctions services and $11.48 for
3departmental aftercare services.
SB601,63,106
301.26
(4) (e) For foster care,
treatment foster care, group home care and
7institutional child care to delinquent children under ss. 49.19 (10) (d), 938.48 (4) and
8(14) and 938.52 all payments and deductions made under this subsection and
9uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation
10under s. 20.410 (3) (ho).
SB601,63,1613
301.26
(4) (ed) For foster care,
treatment foster care, group home care and
14institutional child care to serious juvenile offenders under ss. 49.19 (10) (d), 938.48
15(4) and (14) and 938.52 all uniform fee collections under s. 46.03 (18) shall be
16deposited in the appropriation under s. 20.410 (3) (ho).
SB601, s. 160
17Section
160. 343.15 (4) (a) 3. of the statutes is amended to read:
SB601,63,2018
343.15
(4) (a) 3. A person who is a ward of the state, county or court and who
19has been placed in a foster home
or a treatment foster home or in the care of a
20religious welfare service.
SB601, s. 161
21Section
161. 619.01 (1) (a) of the statutes is amended to read:
SB601,64,622
619.01
(1) (a)
Establishment of plans. If the commissioner finds after a hearing
23that in any part of this state automobile insurance, property insurance, health care
24liability insurance, liability insurance but not to include coverage for risks which are
25determined to be uninsurable, worker's compensation insurance, insurance
1coverage for foster homes
or treatment foster homes or insurance coverage for group
2homes is not readily available in the voluntary market, and that the public interest
3requires such availability, the commissioner may by rule either promulgate plans to
4provide such insurance coverages for any risks in this state which are equitably
5entitled to but otherwise unable to obtain such coverage, or may call upon the
6insurance industry to prepare plans for the commissioner's approval.
SB601, s. 162
7Section
162. 619.01 (1) (c) 1. of the statutes is amended to read:
SB601,64,158
619.01
(1) (c) 1. Each plan, except a health care liability insurance plan, a foster
9home protection insurance plan
, a treatment foster home protection insurance plan 10or a group home protection insurance plan, shall require participation by all insurers
11doing any business in this state of the types covered by the specific plan and all
12agents licensed to represent such insurers in this state for the specified types of
13business, except that the commissioner may exclude classes of persons for
14administrative convenience or because it is not equitable or practicable to require
15them to participate in the plan.
SB601, s. 163
16Section
163. 619.01 (1) (c) 4m. of the statutes is repealed.