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.
SB601, s. 164
17Section
164. 619.01 (9) of the statutes is amended to read:
SB601,64,2418
619.01
(9) Foster home protection insurance. In this section "foster home
19protection insurance" means insurance coverage to protect persons who receive a
20license to operate a foster home under s. 48.62 (1)
(a) against the unique risks,
21determined by the commissioner, to which such persons are exposed. If the persons
22have insurance which covers any of these risks, the foster home protection insurance
23may insure against any or all of the other risks, and may provide additional or excess
24limits coverage for any or all of these risks.
SB601, s. 165
25Section
165. 619.01 (9m) of the statutes is repealed.
SB601, s. 166
1Section
166. 767.24 (3) (c) of the statutes is amended to read:
SB601,65,72
767.24
(3) (c) The court shall hold a hearing to review the permanency plan
3within 30 days after receiving a report under par. (b). At least 10 days before the date
4of the hearing, the court shall provide notice of the time, date and purpose of the
5hearing to the agency that prepared the report, the child's parents, the child, if he
6or she is 12 years of age or over, and the child's foster parent
, treatment foster parent 7or the operator of the facility in which the child is living.
SB601, s. 167
8Section
167. 786.37 of the statutes is amended to read:
SB601,65,17
9786.37 Change of name, notice of application. Before applying to the court
10for changing or establishing a name, the applicant shall publish a class 3 notice
11under ch. 985 stating the nature of the application and when and where the
12application will be made. This section does not apply to the name change of a minor
13if parental rights to the minor have been terminated and guardianship and legal
14custody transferred under subch. VIII of ch. 48, and the minor has been placed in a
15permanent foster home
or a permanent treatment foster home, where the guardian
16and legal custodian have petitioned to change the minor's name to the name or
17names of the minor's foster parents
or treatment foster parents.
SB601, s. 168
18Section
168
. 808.075 (4) (a) 10. of the statutes is created to read:
SB601,65,1919
808.075
(4) (a) 10. Revision of guardianship order under s. 48.977 (6).
SB601, s. 169
20Section
169
. 808.075 (4) (a) 11. of the statutes is created to read:
SB601,65,2221
808.075
(4) (a) 11. Termination of guardianship under s. 48.977 (7), including
22removal of a guardian.
SB601, s. 170
23Section
170. 809.105 (13) of the statutes is amended to read:
SB601,66,724
809.105
(13) Certain persons barred from proceedings. No parent, or
25guardian or legal custodian, if one has been appointed, or foster parent
or treatment
1foster parent, if the minor has been placed in a foster home
or treatment foster home,
2and the minor's parent has signed a waiver granting the department of health and
3family services, a county department under s. 46.215, 46.22 or 46.23
, or the foster
4parent
or the treatment foster parent the authority to consent to medical services or
5treatment on behalf of the minor, or adult family member, as defined in s. 48.375 (2)
6(b), of any minor who has initiated an appeal under this section may attend or
7intervene in any proceeding under this section.
SB601, s. 171
8Section
171. 895.485 (title) of the statutes is amended to read:
SB601,66,10
9895.485 (title)
Civil liability exemption; agencies, foster parents,
10treatment foster parents and family-operated group home parents.
SB601, s. 172
11Section
172. 895.485 (1) (c) of the statutes is repealed.
SB601, s. 173
12Section
173. 895.485 (2) (a) of the statutes is amended to read:
SB601,66,1513
895.485
(2) (a) An act or omission of the foster,
treatment foster parent or
14family-operated group home parent while that parent is acting in his or her capacity
15as a foster,
treatment foster parent or family-operated group home parent.
SB601, s. 174
16Section
174. 895.485 (2) (b) of the statutes is amended to read:
SB601,66,2017
895.485
(2) (b) An act or omission of a child who is placed in a foster home
,
18treatment foster home or family-operated group home while the child is in the
care
19of the foster
, treatment foster parent or family-operated group home
parent's care 20parent.
SB601, s. 175
21Section
175. 895.485 (3) of the statutes is amended to read:
SB601,67,822
895.485
(3) The immunity specified in sub. (2) does not apply if the act or
23omission of a foster
, treatment foster parent or family-operated group home parent
24was not done in good faith or was not in compliance with any written instructions,
25received from the agency that placed the child, regarding specific care and
1supervision of the child. The good faith of a foster
, treatment foster parent or
2family-operated group home parent and the compliance of the foster
, treatment
3foster parent or family-operated group home parent with any written instructions
4received from the agency that placed the child are presumed in a civil action. Any
5person who asserts that a foster
, treatment foster
parent or family-operated group
6home parent did not act in good faith, or did not comply with written instructions
7received from the agency that placed the child, has the burden of proving that
8assertion.
SB601, s. 176
9Section
176. 895.485 (4) (intro.) of the statutes is amended to read:
SB601,67,1410
895.485
(4) (intro.) Any agency that acts in good faith in placing a child with
11a foster
, treatment foster parent or family-operated group home parent is immune
12from civil liability for any act or omission of the agency, the foster
, treatment foster 13parent or family-operated group home parent or the child unless all of the following
14occur:
SB601, s. 177
15Section
177. 895.485 (4) (a) of the statutes is amended to read:
SB601,67,2216
895.485
(4) (a) The agency has failed to provide the foster
, treatment foster 17parent or family-operated group home parent with any information relating to a
18medical, physical, mental or emotional condition of the child that it is required to
19disclose under this paragraph. The department of health and family services shall
20promulgate rules specifying the kind of information that an agency shall disclose to
21a foster
, treatment foster parent or family-operated group home parent which
22relates to a medical, physical, mental or emotional condition of the child.
SB601, s. 178
23Section
178. 938.02 (5j) of the statutes is created to read:
SB601,68,3
1938.02
(5j) "Family foster home" means a facility that is operated by a person
2required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for
3no more than 4 children unless all of the children are siblings.
SB601,68,96
938.02
(6) "Foster home" means any facility that is operated by a person
7required to be licensed by s. 48.62 (1)
(a) and that provides care and maintenance for
8no more than 4 juveniles unless all of the juveniles are siblings
and includes a family
9foster home, a treatment foster home and a village foster home.
SB601, s. 180
10Section
180. 938.02 (22) of the statutes is created to read:
SB601,68,1611
938.02
(22) "Village foster home" means a facility that is operated by a person
12required to be licensed by s. 48.62 (1) (c), that provides care and maintenance for no
13more than 6 children, that is clustered in a village setting with other facilities
14licensed under s. 48.62 (1) (c), that has as its goal the provision of a stable, long-term
15placement for those children and that employs individuals on a long-term basis to
16provide that care and maintenance.
SB601,68,2019
938.207
(1) (c) A licensed foster home
or a licensed treatment foster home 20provided the placement does not violate the conditions of the license.
SB601,68,2421
(f) The home of a person not a relative, if the placement does not exceed 30 days,
22though the placement may be extended for an additional 30 days for cause by the
23court, and if the person has not had a foster home
or treatment foster home license
24refused, revoked or suspended within the last 2 years.
SB601, s. 182
25Section
182. 938.235 (4) (a) 7g. of the statutes is created to read: