SB77-SSA1, s. 1653
18Section
1653. 48.651 (1) (intro.) of the statutes is amended to read:
SB77-SSA1,731,2519
48.651
(1) (intro.) Each county department shall certify, according to the
20standards adopted by the department
of workforce development under s.
46.03 (21) 2149.155 (1d), each day care provider reimbursed for child care services provided to
22families determined eligible under ss. 49.132 (2r) and (4) and 49.155 (1m), unless the
23provider is a day care center licensed under s. 48.65 or is established or contracted
24for under s. 120.13 (14). Each county may charge a fee to cover the costs of
25certification. The county shall certify the following categories of day care providers:
SB77-SSA1,732,62
48.651
(1) (a) Level I certified family day care providers, as established by the
3department
under s. 46.03 (21) of workforce development under s. 49.155 (1d). No
4county may certify a provider under this paragraph if the provider is a relative of all
5of the children for whom he or she provides care.
The department may establish by
6rule other requirements for certification under this paragraph.
SB77-SSA1,732,128
48.651
(1) (b) Level II certified family day care providers, as established by the
9department
under s. 46.03 (21). In establishing the requirements for certification
10under this paragraph, the department may not include a requirement for training
11for providers. The department may establish by rule requirements for certification
12under this paragraph of workforce development, under s. 49.155 (1d).
SB77-SSA1,733,514
48.66
(1) The department shall license and supervise child welfare agencies,
15as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities,
16as required by s.
48.48 938.22, and day care centers, as required by s. 48.65. The
17department may license foster homes or treatment foster homes, as provided by s.
1848.62, and may license and supervise county departments in accordance with the
19procedures specified in this section and in ss. 48.67 to 48.74. The department of
20corrections may license a child welfare agency to operate a secured child caring
21institution, as defined in s. 938.02 (15g), for holding in secure custody children who
22have been convicted under s. 938.183 or adjudicated delinquent under s. 938.34 (4d),
23(4h) or (4m) and referred to the child welfare agency by the court or the department
24of corrections and to provide supervision, care and maintenance for those children.
25A license issued under this subsection, other than a license to operate a foster home,
1treatment foster home or secured child caring institution, is valid until revoked or
2suspended. A license issued under this subsection to operate a foster home,
3treatment foster home or secured child caring institution may be for any term not to
4exceed 2 years from the date of issuance. No license issued under this subsection is
5transferrable.
SB77-SSA1, s. 1661
7Section
1661. 48.66 (5) of the statutes is repealed and recreated to read:
SB77-SSA1,733,228
48.66
(5) A child welfare agency, group home, day care center or shelter care
9facility license, other than a probationary license, is valid until revoked or
10suspended, but shall be reviewed every 2 years after the date of issuance as provided
11in this subsection. At least 30 days prior to the continuation date of the license, the
12licensee shall submit to the department an application for continuance of the license
13in the form and containing the information that the department requires. If the
14minimum requirements for a license established under s. 48.67 are met, the
15application is approved, the applicable fee referred to in s. 48.68 (1) is paid, any
16forfeiture under s. 48.715 (3) (a) or penalty under s. 48.76 that is due is paid and, for
17a day care center, the fee under s. 48.65 (1m) (j) is paid, the department shall continue
18the license for an additional 2-year period, unless sooner suspended or revoked. If
19the application is not timely filed, the department shall issue a warning to the
20licensee. If the licensee fails to apply for continuance of the license within 30 days
21after receipt of the warning, the department may revoke the license as provided in
22s. 48.715 (4) and (4m) (b).
SB77-SSA1,734,8
2448.67 Rules governing child welfare agencies, day care centers, foster
25homes, treatment foster homes, group homes, shelter care facilities and
1county departments. The department shall promulgate rules establishing
2minimum requirements for the issuance of licenses to, and establishing standards
3for the operation of, child welfare agencies, day care centers, foster homes, treatment
4foster homes, group homes, shelter care facilities and county departments. These
5rules shall be designed to protect and promote the health, safety and welfare of the
6children in the care of all licensees. The department shall consult with the
7department of commerce and the department of
education
public instruction before
8promulgating these rules.
SB77-SSA1,734,2410
48.68
(1) After receipt of an application for a license, the department shall
11investigate to determine if the applicant meets the minimum requirements for a
12license adopted by the department under s. 48.67. In determining whether to issue
13or continue a license, the department may consider any action by the applicant, or
14by an employe of the applicant, that constitutes a substantial failure by the applicant
15or employe to protect and promote the health, safety and welfare of a child. Upon
16satisfactory completion of this investigation and payment of the fee required under
17s. 48.615 (1) (a) or (b), 48.625 (2) (a), 48.65 (3) (a) or 938.22 (7) (b), the department
18shall issue a license under s. 48.66 (1) or, if applicable, a probationary license under
19s. 48.69
or, if applicable, shall continue a license under s. 48.66 (5). At the time of
20initial licensure and license renewal, the department shall provide a foster home
21licensee with written information relating to the age-related monthly foster care
22rates and supplemental payments specified in s. 48.62 (4), including payment
23amounts, eligibility requirements for supplemental payments and the procedures for
24applying for supplemental payments.
SB77-SSA1,735,4
148.68
(2) Before
renewing
continuing the license of any child welfare agency
2or group home, the department shall consider all formal complaints filed under s.
348.745 (2) and the disposition of each during the
current license previous 2-year 4period.
SB77-SSA1,735,66
48.715
(3) (c) Refusal to
renew continue a license or a probationary license.
SB77-SSA1,735,98
48.715
(4) (e) The licensee has failed to apply for a continuance of the license
9within 30 days after receipt of the warning under s. 48.66 (5).
SB77-SSA1,735,1311
48.715
(4m) (b) For revocations under sub. (4) (b)
or, (c)
or (e), the department
12may revoke the license or probationary license immediately upon written notice to
13the licensee of the revocation and the grounds for revocation.
SB77-SSA1,735,25
1548.72 Appeal procedure. Any person aggrieved by the department's refusal
16or failure to issue
or, renew
or continue a license or by any action taken by the
17department under s. 48.715 has the right to an administrative hearing provided for
18contested cases in ch. 227. To receive an administrative hearing under ch. 227, the
19aggrieved person shall send to the department a written request for a hearing under
20s. 227.44 within 10 days after the date of the department's refusal or failure to issue
21or, renew
or continue a license or the department's action taken under s. 48.715. The
22department shall hold an administrative hearing under s. 227.44 within 30 days
23after receipt of the request for the administrative hearing unless the aggrieved
24person consents to an extension of that time period. Judicial review of the
25department's decision may be had as provided in ch. 227.
SB77-SSA1,736,5
248.735 Immunization requirements; day care centers. The department,
3after notice to a
day care center licensee, may suspend, revoke or refuse to
renew 4continue a
day care center license in any case in which the department finds that
5there has been a substantial failure to comply with the requirements of s. 252.04.
SB77-SSA1,736,13
748.737 Lead screening, inspection and reduction requirements; day
8care centers. The department, after notice to a day care provider certified under
9s. 48.651, or a day care center that holds a license under s. 48.65 or a probationary
10license under s. 48.69, may suspend, revoke or refuse to renew
or continue a license
11or certification in any case in which the department finds that there has been a
12substantial failure to comply with any rule promulgated under s. 254.162, 254.168
13or 254.172.
SB77-SSA1,736,17
1548.75 (title)
Foster homes and treatment foster homes licensed by
16county departments public licensing agencies and by child welfare
17agencies.
SB77-SSA1, s. 1679
18Section
1679. 48.75 (1) of the statutes is renumbered 48.75 (1d) and amended
19to read:
SB77-SSA1,737,520
48.75
(1d) Child welfare agencies, if licensed to do so by the department, and
21county departments public licensing agencies may license foster homes and
22treatment foster homes under the rules promulgated by the department under s.
2348.67 governing the licensing of foster homes and treatment foster homes. A foster
24home or treatment foster home license shall be issued for a term not to exceed 2 years
25from the date of issuance, is not transferable and may be revoked by the child welfare
1agency or by the
county department public licensing agency because the licensee has
2substantially and intentionally violated any provision of this chapter or of the rules
3of the department promulgated pursuant to s. 48.67 or because the licensee fails to
4meet the minimum requirements for a license. The licensee shall be given written
5notice of any revocation and the grounds therefor.
SB77-SSA1,737,87
48.75
(1b) In this section, "public licensing agency" means a county
8department or, in a county having a population of 500,000 or more, the department.
SB77-SSA1, s. 1681
9Section
1681. 48.75 (1g) (a) (intro.) of the statutes is amended to read:
SB77-SSA1,737,1310
48.75
(1g) (a) (intro.) A
county department public licensing agency may license
11a foster home only if the foster home is located in the county of the
county department 12public licensing agency, except that a
county department public licensing agency 13may license a foster home located in another county if any of the following applies:
SB77-SSA1,737,1815
48.75
(1g) (a) 2. A foster parent licensed by the
county department public
16licensing agency moves to the other county with a child who has been placed in the
17foster parent's home and the license will allow the foster parent to continue to care
18for that child.
SB77-SSA1,737,2120
48.75
(1g) (a) 3. The county of the
county department public licensing agency 21issuing the license and the county in which the foster home is located are contiguous.
SB77-SSA1,737,2523
48.75
(1g) (a) 4. The county of the
county department public licensing agency 24issuing the license has a population of 500,000 or more and the placement is for
25adoption under s. 48.833
, 48.835 or 48.837.
SB77-SSA1, s. 1685
1Section
1685. 48.75 (1g) (c) (intro.) of the statutes is amended to read:
SB77-SSA1,738,102
48.75
(1g) (c) (intro.) No license may be issued under
this subsection par. (a)
31., 2. or 3. unless the
county department public licensing agency issuing the license
4has notified the
county department public licensing agency of the county in which
5the foster home will be located of its intent to issue the license and the 2
county
6departments public licensing agencies have entered into a written agreement under
7this paragraph. A
county department public licensing agency is not required to enter
8into any agreement under this paragraph allowing the
county department public
9licensing agency of another county to license a foster home within its jurisdiction.
10The written agreement shall include all of the following:
SB77-SSA1,738,1412
48.75
(1g) (c) 1. A statement that the
county department public licensing
13agency issuing the license is responsible for providing services to the child who is
14placed in the foster home, as specified in the agreement.
SB77-SSA1,738,1816
48.75
(1g) (c) 2. A statement that the
county department public licensing
17agency issuing the license is responsible for the costs of the placement and any
18related costs, as specified in the agreement.
SB77-SSA1,739,220
48.75
(1g) (d) If the
county department public licensing agency issuing a
21license under
this subsection par. (a) 1., 2. or 3. violates the agreement under par. (c),
22the
county department public licensing agency of the county in which the foster home
23is located may terminate the agreement and, subject to ss. 48.357 and 48.64, require
24the
county department public licensing agency that issued the license to remove the
25child from the foster home within 30 days after receipt, by the
county department
1public licensing agency that issued the license, of notification of the termination of
2the agreement.
SB77-SSA1,739,94
48.75
(1r) At the time of initial licensure and license renewal, the child welfare
5agency or
county department public licensing agency issuing a license under sub.
(1) 6(1d) or (1g) shall provide the licensee with written information relating to the
7age-related monthly foster care rates and supplemental payments specified in s.
848.62 (4), including payment amounts, eligibility requirements for supplemental
9payments and the procedures for applying for supplemental payments.
SB77-SSA1,739,1411
48.75
(2) Any foster home or treatment foster home applicant or licensee of a
12county department public licensing agency or a child welfare agency may, if
13aggrieved by the failure to issue or renew its license or by revocation of its license,
14appeal as provided in s. 48.72.
SB77-SSA1,739,2016
48.831
(4) (c) If the court finds that adoption is not in the child's best interest,
17the court shall order that the child be placed in the guardianship of the department
18and place the child in the custody of a county department
or, in a county having a
19population of 500,000 or more, the department or an agency under contract with the
20department.
SB77-SSA1,740,11
2248.832 (title)
Transfer of guardianship upon revocation of guardian's
23license or contract. If the department revokes the license of a county department
24licensed under s. 48.57 (1)
(e) or (hm) to accept guardianship, or of a child welfare
25agency licensed under s. 48.61 (5) to accept guardianship,
or if the department
1terminates the contract of a county department licensed under s. 48.57 (1) (e) to
2accept guardianship, the department shall file a motion in the court that appointed
3the guardian for each child in the guardianship of the county department or agency,
4requesting that the court transfer guardianship and custody of the child. The motion
5may specify a county department or child welfare agency that has consented to
6accept guardianship of the child. The court shall transfer guardianship and custody
7of the child either to the county department or child welfare agency specified in the
8motion or to another county department under s. 48.57 (1) (e) or (hm) or a child
9welfare agency under s. 48.61 (5) which consents to the transfer. If no county
10department or child welfare agency consents, the court shall transfer guardianship
11and custody of the child to the department.
SB77-SSA1,740,1713
48.837
(4) (d) May, at the request of a petitioning parent, or on its own motion
14after ordering the child taken into custody under s. 48.19 (1) (c), order the
15department or a county department
under s. 48.57 (1) (e) or (hm) to place the child,
16pending the hearing on the petition, in any home licensed under s. 48.62 except the
17home of the proposed adoptive parents or a relative of the proposed adoptive parents.
SB77-SSA1,740,2119
48.839
(4) (b) Shall transfer legal custody of the child to
the department, in a
20county having a population of 500,000 or more, to a county department or
to a child
21welfare agency licensed under s. 48.60.
SB77-SSA1,741,1223
48.88
(2) (c) If a stepparent has filed a petition for adoption and no agency has
24guardianship of the child, the court shall order
the department, in a county having
25a population of 500,000 or more, or a county department or, with the consent of the
1department
in a county having a population of less than 500,000 or a licensed child
2welfare agency, order the department or the child welfare agency to conduct a
3screening, consisting of no more than one interview with the petitioner and a check
4of the petitioner's background through public records, including records maintained
5by the department or any county department under s. 48.981. The department,
6county department or child welfare agency that conducts the screening shall file a
7report of the screening with the court within 30 days. After reviewing the report, the
8court may proceed to act on the petition, may order
the department in a county
9having a population of 500,000 or more or the county department to conduct an
10investigation as described under par. (a) (intro.) or may order the department
in a
11county having a population of less than 500,000 or a licensed child welfare agency
12to make the investigation if the department or child welfare agency consents.
SB77-SSA1,741,1714
48.93
(1d) All records and papers pertaining to an adoption proceeding shall
15be kept in a separate locked file and may not be disclosed except under sub. (1g) or
16(1r), s. 46.03 (29), 48.432, 48.433
, 48.48 (17) (a) 9. or 48.57 (1) (j), or by order of the
17court for good cause shown.
SB77-SSA1,741,2119
48.977
(4) (a) 6. A county department
under s. 46.22 or 46.23 or, if the child has
20been placed pursuant to an order under ch. 938, a county department under s.
2146.215, 46.22 or 46.23.
SB77-SSA1,742,223
48.981
(1) (ag) "Agency" means a county department, the department in a
24county having a population of 500,000 or more or a licensed child welfare agency
1under contract with a county department or the department in a county having a
2population of 500,000 or more to perform investigations under this section.
SB77-SSA1,742,174
48.981
(3) (a)
Referral of report. A person required to report under sub. (2) shall
5immediately inform, by telephone or personally, the county department
or, in a
6county having a population of 500,000 or more, the department or a licensed child
7welfare agency under contract with the department or the sheriff or city, village or
8town police department of the facts and circumstances contributing to a suspicion of
9child abuse or neglect or to a belief that abuse or neglect will occur. The sheriff or
10police department shall within 12 hours, exclusive of Saturdays, Sundays or legal
11holidays, refer to the county department
or, in a county having a population of
12500,000 or more, the department or a licensed child welfare agency under contract
13with the department all cases reported to it. The county department
, department
14or licensed child welfare agency may require that a subsequent report be made in
15writing. Each county department
, the department and a licensed child welfare
16agency under contract with the department shall adopt a written policy specifying
17the kinds of reports it will routinely report to local law enforcement authorities.
SB77-SSA1,743,1919
48.981
(3) (c) 1. Within 24 hours after receiving a report under par. (a), the
20county department or licensed child welfare agency under contract with the county
21department agency shall, in accordance with the authority granted to the
22department under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a),
23initiate a diligent investigation to determine if the child is in need of protection or
24services. The investigation shall be conducted in accordance with standards
25established by the department for conducting child abuse and neglect investigations.
1If the investigation is of a report of abuse or neglect or threatened abuse or neglect
2by a caregiver specified in sub. (1) (am) 5. to 8. who continues to have access to the
3child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report that does not
4disclose who is suspected of the abuse or neglect and in which the investigation does
5not disclose who abused or neglected the child, the investigation shall also include
6observation of or an interview with the child, or both, and, if possible, an interview
7with the child's parents, guardian or legal custodian. If the investigation is of a
8report of abuse or neglect or threatened abuse or neglect by a caregiver who continues
9to reside in the same dwelling as the child, the investigation shall also include, if
10possible, a visit to that dwelling. At the initial visit to the child's dwelling, the person
11making the investigation shall identify himself or herself and the
county department
12or licensed child welfare agency involved to the child's parents, guardian or legal
13custodian. The
county department or licensed child welfare agency under contract
14with the county department agency may contact, observe or interview the child at
15any location without permission from the child's parent, guardian or legal custodian
16if necessary to determine if the child is in need of protection or services, except that
17the person making the investigation may enter a child's dwelling only with
18permission from the child's parent, guardian or legal custodian or after obtaining a
19court order to do so.
SB77-SSA1, s. 1704
20Section
1704. 48.981 (3) (c) 2. a. of the statutes is amended to read:
SB77-SSA1,744,221
48.981
(3) (c) 2. a. If the person making the investigation is an employe of the
22county department
or, in a county having a population of 500,000 or more, the
23department or a licensed child welfare agency under contract with the department 24and he or she determines that it is consistent with the child's best interest in terms
25of physical safety and physical health to remove the child from his or her home for
1immediate protection, he or she shall take the child into custody under s. 48.08 (2)
2or 48.19 (1) (c) and deliver the child to the intake worker under s. 48.20.
SB77-SSA1,744,134
48.981
(3) (c) 3. If the county department
or, in a county having a population
5of 500,000 or more, the department or a licensed child welfare agency under contract
6with the department determines that a child, any member of the child's family or the
7child's guardian or legal custodian is in need of services, the county department
,
8department or licensed child welfare agency shall offer to provide appropriate
9services or to make arrangements for the provision of services. If the child's parent,
10guardian or legal custodian refuses to accept the services, the county department
,
11department or licensed child welfare agency may request that a petition be filed
12under s. 48.13 alleging that the child who is the subject of the report or any other child
13in the home is in need of protection or services.
SB77-SSA1,745,415
48.981
(3) (c) 4. The county department
or, in a county having a population of
16500,000 or more, the department or a licensed child welfare agency under contract
17with the department shall determine, within 60 days after receipt of a report,
18whether abuse or neglect has occurred or is likely to occur. The determination shall
19be based on a preponderance of the evidence produced by the investigation. A
20determination that abuse or neglect has occurred may not be based solely on the fact
21that the child's parent, guardian or legal custodian in good faith selects and relies on
22prayer or other religious means for treatment of disease or for remedial care of the
23child. In making a determination that emotional damage has occurred, the county
24department
or, in a county having a population of 500,000 or more, the department
25or a licensed child welfare agency under contract with the department shall give due
1regard to the culture of the subjects and shall establish that the person alleged to be
2responsible for the emotional damage is neglecting, refusing or unable for reasons
3other than poverty to remedy the harm. This subdivision does not prohibit a court
4from ordering medical services for the child if the child's health requires it.
SB77-SSA1,745,126
48.981
(3) (c) 5. The
county department and licensed child welfare agency
7under contract with the county department agency shall maintain a record of its
8actions in connection with each report it receives. The record shall include a
9description of the services provided to any child and to the parents, guardian or legal
10custodian of the child. The
county department and licensed child welfare agency
11under contract with the county department agency shall update the record every 6
12months until the case is closed.
SB77-SSA1,745,1814
48.981
(3) (c) 6. The
county department or licensed child welfare agency under
15contract with the county department agency shall, within 60 days after it receives
16a report from a person required under sub. (2) to report, inform the reporter what
17action, if any, was taken to protect the health and welfare of the child who is the
18subject of the report.
SB77-SSA1,746,1320
48.981
(3) (c) 6m. If a person who is not required under sub. (2) to report makes
21a report and is a relative of the child, other than the child's parent, that person may
22make a written request to the
county department or licensed child welfare agency
23under contract with the county department agency for information regarding what
24action, if any, was taken to protect the health and welfare of the child who is the
25subject of the report.
A county department or licensed child welfare An agency that
1receives a written request under this subdivision shall, within 60 days after it
2receives the report or 20 days after it receives the written request, whichever is later,
3inform the reporter in writing of what action, if any, was taken to protect the health
4and welfare of the child, unless a court order prohibits that disclosure, and of the duty
5to keep the information confidential under sub. (7) (e) and the penalties for failing
6to do so under sub. (7) (f). The
county department or licensed child welfare agency
7may petition the court ex parte for an order prohibiting that disclosure and, if the
8county department or licensed child welfare agency does so, the time period within
9which the information must be disclosed is tolled on the date the petition is filed and
10remains tolled until the court issues a decision. The court may hold an ex parte
11hearing in camera and shall issue an order granting the petition if the court
12determines that disclosure of the information would not be in the best interests of the
13child.
SB77-SSA1,746,2415
48.981
(3) (c) 7. The county department
or, in a county having a population of
16500,000 or more, the department or a licensed child welfare agency under contract
17with the department shall cooperate with law enforcement officials, courts of
18competent jurisdiction, tribal governments and other human
service services 19agencies to prevent, identify and treat child abuse and neglect. The county
20department
or, in a county having a population of 500,000 or more, the department
21or a licensed child welfare agency under contract with the department shall
22coordinate the development and provision of services to abused and neglected
23children and to families where abuse or neglect has occurred or to children and
24families where circumstances justify a belief that abuse or neglect will occur.