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:
SB601,69,3
1938.235
(4) (a) 7g. Petition for the appointment of a guardian under s. 48.977
2(2), the revision of a guardianship order under s. 48.977 (6) or the removal of a
3guardian under s. 48.977 (7).
SB601,69,116
938.33
(4) Other out-of-home placements. (intro.)
A report recommending
7placement in a foster home,
treatment foster home, group home or nonsecured child
8caring institution shall be in writing, except that the report may be presented orally
9at the dispositional hearing if all parties consent. A report that is presented orally
10shall be transcribed and made a part of the court record. The report shall include all
11of the following:
SB601,69,2414
938.33
(5) (title)
Identity of foster parent or treatment foster parent;
15confidentiality. If the report recommends placement in a foster home
or a treatment
16foster home, and the name of the foster parent
or treatment foster parent is not
17available at the time the report is filed, the agency shall provide the court and the
18juvenile's parent or guardian with the name and address of the foster parent
or
19treatment foster parent within 21 days after the dispositional order is entered,
20except that the court may order the information withheld from the juvenile's parent
21or guardian if the court finds that disclosure would result in imminent danger to the
22juvenile or to the foster parent
or treatment foster parent. After notifying the
23juvenile's parent or guardian, the court shall hold a hearing prior to ordering the
24information withheld.
SB601,70,43
938.34
(3) (c) A foster home
or treatment foster home licensed under s. 48.62
4or a group home licensed under s. 48.625.
SB601,70,177
938.355
(2) (b) 2. If the juvenile is placed outside the home, the name of the
8place or facility, including transitional placements, where the juvenile shall be cared
9for or treated, except that if the placement is a foster home
or treatment foster home 10and the name and address of the foster parent
or treatment foster parent is not
11available at the time of the order, the name and address of the foster parent
or
12treatment foster parent shall be furnished to the court and the parent within 21 days
13of the order. If, after a hearing on the issue with due notice to the parent or guardian,
14the court finds that disclosure of the identity of the foster parent
or treatment foster
15parent would result in imminent danger to the juvenile
, or the foster parent
or the
16treatment foster parent, the court may order the name and address of the prospective
17foster parents
or treatment foster parents withheld from the parent or guardian.
SB601,71,1620
938.357
(1) The person or agency primarily responsible for implementing the
21dispositional order may request a change in the placement of the juvenile, whether
22or not the change requested is authorized in the dispositional order and shall cause
23written notice to be sent to the juvenile or the juvenile's counsel or guardian ad litem,
24parent, foster parent, guardian and legal custodian. The notice shall contain the
25name and address of the new placement, the reasons for the change in placement,
1a statement describing why the new placement is preferable to the present
2placement and a statement of how the new placement satisfies objectives of the
3treatment plan ordered by the court. Any person receiving the notice under this
4subsection or notice of the specific foster
or treatment foster placement under s.
5938.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the
6court within 10 days after receipt of the notice. Placements shall not be changed until
710 days after such notice is sent to the court unless the parent, guardian or legal
8custodian and the juvenile, if 12 or more years of age, sign written waivers of
9objection, except that placement changes which were authorized in the dispositional
10order may be made immediately if notice is given as required in this subsection. In
11addition, a hearing is not required for placement changes authorized in the
12dispositional order except where an objection filed by a person who received notice
13alleges that new information is available which affects the advisability of the court's
14dispositional order. If a hearing is held under this subsection and the change in
15placement would remove a juvenile from a foster home, the foster parent may submit
16a written statement prior to the hearing.
SB601,71,2419
938.38
(2) Permanency plan required. (intro.) Except as provided in sub. (3),
20for each juvenile living in a foster home,
treatment foster home, group home, child
21caring institution, secure detention facility or shelter care facility, the agency that
22placed the juvenile or arranged the placement or the agency assigned primary
23responsibility for providing services to the juvenile under s. 938.355 shall prepare
24a written permanency plan, if any of the following conditions exists:
SB601,72,63
938.38
(4) (f) (intro.) The services that will be provided to the juvenile, the
4juvenile's family and the juvenile's foster parent
, the juvenile's treatment foster
5parent or the operator of the facility where the juvenile is living to carry out the
6dispositional order, including services planned to accomplish all of the following:
SB601,72,219
938.38
(5) (b) The court or the agency shall notify the parents of the juvenile,
10the juvenile if he or she is 10 years of age or older and the juvenile's foster parent
,
11the juvenile's treatment foster parent or the operator of the facility in which the
12juvenile is living of the date, time and place of the review, of the issues to be
13determined as part of the review, of the fact that they may submit written comments
14not less than 10 working days before the review and of the fact that they may
15participate in the review. The court or agency shall notify the person representing
16the interests of the public, the juvenile's counsel and the juvenile's guardian ad litem
17of the date of the review, of the issues to be determined as part of the review and of
18the fact that they may submit written comments not less than 10 working days before
19the review. The notices under this paragraph shall be provided in writing not less
20than 30 days before the review and copies of the notices shall be filed in the juvenile's
21case record.
SB601,73,222
(e) Within 30 days, the agency shall prepare a written summary of the
23determinations under par. (c) and shall provide a copy to the court that entered the
24order, the juvenile or the juvenile's counsel or guardian ad litem, the person
25representing the interests of the public, the juvenile's parent or guardian and the
1juvenile's foster parent
, the juvenile's treatment foster parent or the operator of the
2facility where the juvenile is living.
SB601,73,165
938.48
(4) Provide appropriate care and training for juveniles under its
6supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4); including
7serving those juveniles in their own homes, placing them in licensed foster homes
or
8licensed treatment foster homes in accordance with s. 48.63 or licensed group homes,
9contracting for their care by licensed child welfare agencies or replacing them in
10juvenile correctional institutions or secured child caring institutions in accordance
11with rules promulgated under ch. 227, except that the department may not purchase
12the educational component of private day treatment programs for juveniles in its
13custody unless the department, the school board as defined in s. 115.001 (7) and the
14secretary of education all determine that an appropriate public education program
15is not available. Disputes between the department and the school district shall be
16resolved by the secretary of education.
SB601,73,1919
938.52
(1) (b) Foster homes
or treatment foster homes.
SB601,73,2422
938.538
(3) (a) 1p. Alternate care, including placement in a foster home,
23treatment foster home, group home, child caring institution or secured child caring
24institution.