SB481: Bill Text

SB481,19,15 (h) Mortgage, pledge, or otherwise encumber the district's property or funds.

SB481,19,17 (i) Buy, sell, or lease property, including real estate, and maintain or dispose of the property.

SB481,19,19 (j) Invest any funds not required for immediate disbursement in any of the following:

SB481,19,21 1. An interest-bearing escrow account with a financial institution, as defined in s. 69.30 (1) (b).

SB481,19,23 2. Time deposits in any financial institution, as defined in s. 69.30 (1) (b), if the time deposits mature in not more than 2 years.

SB481,20,3 3. Bonds or securities issued or guaranteed as to principal and interest by the federal government or by a commission, board, or other instrumentality of the federal government.

SB481,20,6 (k) Create a risk reserve or other special reserve as the district board desires or as the department requires under the district's contract with the department under par. (d).

SB481,20,10 (L) Accept aid, including loans, to accomplish the purpose of the district from any local, state, or federal governmental agency or accept gifts, loans, grants, or bequests from individuals or entities, if the conditions under which the aid, loan, gift, grant, or bequest is furnished are not in conflict with this section.

SB481,20,12 (m) Make and execute other instruments necessary or convenient to exercise the powers of the district.

SB481,20,14 (5) Limitation on powers. The Milwaukee County child welfare district may not issue bonds or levy a tax or assessment.

SB481,20,16 (6) Duties. The Milwaukee County child welfare district board shall do all of the following:

SB481,20,17 (a) Appoint a director, who shall hold office at the pleasure of the board.

SB481,20,19 (b) Subject to sub. (8), develop and implement a personnel structure and other employment policies for employees of the district.

SB481,20,21 (c) Ensure compliance with the terms of any contract with the department under sub. (4) (d).

SB481,20,23 (d) Establish a fiscal operating year and annually adopt a budget for the district.

SB481,20,24 (e) Contract for any legal services required for the district.

SB481,21,5 (f) Subject to sub. (8), procure liability insurance covering its officers, employees, and agents, insurance against any loss in connection with its property and other assets, and other necessary insurance; establish and administer a plan of self-insurance; or, under an agreement under s. 66.0301, participate in a governmental plan of insurance or self-insurance.

SB481,21,7 (7) Director; duties. The director appointed under sub. (6) (a) shall do all of the following:

SB481,21,9 (a) Manage the property and business of the district and manage the employees of the district, subject to the general control of the board.

SB481,21,11 (b) Comply with the bylaws and direct enforcement of all policies and procedures adopted by the board.

SB481,21,13 (c) Perform such duties, in addition to those specified in pars. (a) and (b), as are prescribed by the board.

SB481,21,15 (8) Employment and employee benefits of certain employees. (a) The Milwaukee County child welfare district board shall do all of the following:

SB481,22,2 1. If the district offers employment to any individual who was previously employed by the county, who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district, and whose wages, hours, and conditions of employment were established in a collective bargaining agreement with the county under subch. IV of ch. 111 that is in effect on the date on which the individual commences employment with the district, abide by the terms of the collective bargaining agreement concerning the individual's compensation and benefits until the expiration of that collective bargaining agreement or the adoption of a collective bargaining agreement with the district under subch. IV of ch. 111 covering the individual as an employee of the district, whichever occurs first.

SB481,22,11 2. If the district offers employment to any individual who was previously employed by the county and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district, but whose wages, hours, and conditions of employment were not established in a collective bargaining agreement with the county under subch. IV of ch. 111 that is in effect on the date on which the individual commences employment with the district, initially provide that individual the same compensation and benefits that the individual received while employed by the county.

SB481,22,18 3. If the district offers employment to any individual who was previously employed by the county and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district, recognize all years of service that the individual had with the county for any benefit provided or program operated by the district for which an employee's years of service may affect the provision of the benefit or the operation of the program.

SB481,22,20 (b) The county board of supervisors of the area of jurisdiction of the Milwaukee County child welfare district shall do all of the following:

SB481,22,22 1. Provide that district employees are eligible to participate in the county retirement system.

SB481,23,2 2. Provide that, subject to the terms of any applicable collective bargaining agreement as provided in par. (a) 1., district employees are eligible to receive health care coverage under any county health insurance plan that is offered to county employees.

SB481,23,7 3. Provide that, subject to the terms of any applicable collective bargaining agreement as provided in par. (a) 1., district employees are eligible to participate in any deferred compensation or other benefit plan offered by the county to county employees, including disability and long-term care insurance coverage and income continuation insurance coverage.

SB481,23,12 (9) Confidentiality of records. No record, as defined in s. 19.32 (2), of the Milwaukee County child welfare district that contains personally identifiable information, as defined in s. 19.62 (5), concerning an individual who receives services from the district may be disclosed by the district without the individual's informed consent, except as permitted under s. 48.78 (2).

SB481,23,15 (10) Obligations and debts not those of county. The obligations and debts of the Milwaukee County child welfare district are not the obligations or debts of the county that created the district.

SB481,23,20 (11) Assistance to Milwaukee County child welfare district. From moneys in the county treasury that are not appropriated to some other purpose, the county board of supervisors of the county that created the Milwaukee County child welfare district may appropriate moneys to the district as a gift or may lend moneys to the district.

SB481,24,3 (12) Dissolution. Subject to the performance of its contractual obligations and to prior approval by the secretary of health and family services, the Milwaukee County child welfare district may be dissolved by joint action of the district board and county board of supervisors of the county that created the district. If the district is dissolved, the property of the district shall be transferred to the county board of supervisors of the county that created the district, except that if the district has funds in a risk reserve disposition of those funds shall be made under the terms of the district's contract with the department.

SB481, s. 34 Section 34. 48.62 (1) (a) of the statutes is amended to read:

SB481,24,11 48.62 (1) (a) Any person who receives, with or without transfer of legal custody, 4 or fewer children or, if necessary to enable a sibling group to remain together, 6 or fewer children or, if the department promulgates rules permitting a different number of children, the number of children permitted under those rules, to provide care and maintenance for those children shall obtain a license to operate a foster home from the department, a county department a public licensing agency or a licensed child welfare agency as provided in s. 48.75.

SB481, s. 35 Section 35. 48.62 (1) (b) of the statutes is amended to read:

SB481,24,17 48.62 (1) (b) Any person who receives, with or without transfer of legal custody, 4 or fewer children into a home to provide care and maintenance and structured, professional treatment for those children shall obtain a license to operate a treatment foster home from the department, a county department a public licensing agency or a licensed child welfare agency as provided in s. 48.75.

SB481, s. 36 Section 36. 48.62 (2) of the statutes is amended to read:

SB481,25,9 48.62 (2) A relative as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a) or a guardian of a child, who provides care and maintenance for a child, is not required to obtain the license specified in this section. The department, county department A public licensing agency or licensed child welfare agency as provided in s. 48.75 may issue a license to operate a foster home or a treatment foster home to a relative who has no duty of support under s. 49.90 (1) (a) and who requests a license to operate a foster home or treatment foster home for a specific child who is either placed by court order or who is the subject of a voluntary placement agreement under s. 48.63. The department, a county department A public licensing agency or a licensed child welfare agency may, at the request of a guardian appointed under s. 48.977 or 48.978 or ch. 880, license the guardian's home as a foster home or treatment foster home for the guardian's minor ward who is living in the home and who is placed in the home by court order. Relatives with no duty of support and guardians appointed under s. 48.977 or 48.978 or ch. 880 who are licensed to operate foster homes or treatment foster homes are subject to the department's licensing rules.

SB481, s. 37 Section 37. 48.62 (3) of the statutes is amended to read:

SB481,25,16 48.62 (3) When the department, a county department a public licensing agency or a child welfare agency issues a license to operate a foster home or treatment foster home, the department, county department public licensing agency or child welfare agency shall notify the clerk of the school district in which the foster home or treatment foster home is located that a foster home or treatment foster home has been licensed in the school district.

SB481, s. 38 Section 38. 48.627 (2) (a) of the statutes is amended to read:

SB481,26,2 48.627 (2) (a) Before the department, a county department a public licensing agency, as defined in s. 48.75 (1b), or a licensed child welfare agency may issue, renew, or continue a foster home, treatment foster home, or family-operated group home license, the public licensing agency or licensed child welfare agency shall require the applicant to furnish proof satisfactory to the public licensing agency or licensed child welfare agency that he or she has homeowner's or renter's liability insurance that provides coverage for negligent acts or omissions by children placed in a foster home, treatment foster home, or family-operated group home that result in bodily injury or property damage to 3rd parties.

SB481, s. 39 Section 39. 48.627 (2) (b) of the statutes is amended to read:

SB481,26,9 48.627 (2) (b) A public licensing agency or licensed child welfare agency may, in accordance with rules promulgated by the department, waive the requirement under par. (a) if the applicant shows that he or she is unable to obtain the required insurance, that he or she has had a homeowner's or renter's liability insurance policy canceled, or that payment of the premium for the required insurance would cause undue financial hardship.

SB481, s. 40 Section 40. 48.627 (2) (d) of the statutes is amended to read:

SB481,26,12 48.627 (2) (d) The public licensing agency or licensed child welfare agency shall specify the amounts of liability insurance coverage required under par. (a).

SB481, s. 41 Section 41. 48.63 (1) of the statutes is amended to read:

SB481,27,5 48.63 (1) Acting pursuant to court order or voluntary agreement, the child's parent or guardian or the department of health and family services, the department of corrections, a county department, the Milwaukee County child welfare district, or a child welfare agency licensed to place children in foster homes or, treatment foster homes, or group homes may place a child or negotiate or act as intermediary for the placement of a child in a foster home, treatment foster home, or group home. Voluntary agreements under this subsection may not be used for placements in facilities other than foster, treatment foster, or group homes and may not be extended. A foster home or treatment foster home placement under a voluntary agreement may not exceed 6 months. A group home placement under a voluntary agreement may not exceed 15 days. These time limitations do not apply to placements made under s. 48.345, 938.183, 938.34, or 938.345. Voluntary agreements may be made only under this subsection and shall be in writing and shall specifically state that the agreement may be terminated at any time by the parent or guardian or by the child if the child's consent to the agreement is required. The child's consent to the agreement is required whenever the child is 12 years of age or older.

SB481, s. 42 Section 42. 48.64 (1) of the statutes is amended to read:

SB481,27,11 48.64 (1) Definition. In this section, "agency" means the department of health and family services, the department of corrections, a county department . The Milwaukee County child welfare district, or a licensed child welfare agency authorized to place children in foster homes or, treatment foster homes, or group homes.

SB481, s. 43 Section 43. 48.64 (1r) of the statutes is amended to read:

SB481,27,17 48.64 (1r) Notification of school district. When an agency places a school-age child in a foster home, treatment foster home, or a group home, the agency shall notify the clerk of the school district in which the foster home, treatment foster home, or group home is located that a school-age child has been placed in a foster home, treatment foster home, or group home in the school district.

SB481, s. 44 Section 44. 48.64 (4) (a) of the statutes is amended to read:

SB481,28,25 48.64 (4) (a) Any decision or order issued by an agency that affects the head of a foster, treatment foster, or group home or the children involved may be appealed to the department under fair hearing procedures established under department rules. The department shall, upon receipt of an appeal, give the head of the home reasonable notice and opportunity for a fair hearing. The department may make such additional investigation as the department considers necessary. The department shall give notice of the hearing to the head of the home and to the departmental subunit, county department, child welfare district, or child welfare agency that issued the decision or order. Each person receiving notice is entitled to be represented at the hearing. At all hearings conducted under this subsection, the head of the home, or a representative of the head of the home, shall have an adequate opportunity, notwithstanding s. 48.78 (2) (a), to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing, to bring witnesses, to establish all pertinent facts and circumstances, and to question or refute any testimony or evidence, including opportunity to confront and cross-examine adverse witnesses. The department shall grant a continuance for a reasonable period of time when an issue is raised for the first time during a hearing. This requirement may be waived with the consent of the parties. The decision of the department shall be based exclusively on evidence introduced at the hearing. A transcript of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, and the findings of the hearing examiner shall constitute the exclusive record for decision by the department. The department shall make the record available at any reasonable time and at an accessible place to the head of the home or his or her representative. Decisions by the department shall specify the reasons for the decision and identify the supporting evidence. No person participating in an agency action being appealed may participate in the final administrative decision on that action. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the head of the home and to the departmental subunit, county department , child welfare district, or child welfare agency that issued the decision or order. The decision shall be binding on all parties concerned.

SB481, s. 45 Section 45. 48.685 (2) (am) (intro.) of the statutes is amended to read:

SB481,29,8 48.685 (2) (am) (intro.) The department, a county department, a child welfare agency, the Milwaukee County child welfare district, or a school board shall obtain all of the following with respect to a caregiver specified in sub. (1) (ag) 1. b., a nonclient resident of an entity, and a person under 18 years of age, but not under 12 years of age, who is a caregiver of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651:

SB481, s. 46 Section 46. 48.685 (2) (am) 5. of the statutes is amended to read:

SB481,29,20 48.685 (2) (am) 5. Information maintained by the department under this section and under ss. 48.651 (2m), 48.75 (1m), and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification, or a contract to operate an entity for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract with , or permission to reside at an entity for a reason specified in sub. (4m) (b) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment, or permission to reside as described in this subdivision, the department, a county department, a child welfare agency, the Milwaukee County child welfare district, or a school board need not obtain the information specified in subds. 1. to 4.

SB481, s. 47 Section 47. 48.685 (2) (bb) of the statutes is amended to read:

SB481,30,15 48.685 (2) (bb) If information obtained under par. (am) or (b) 1. indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department, county department, child welfare agency, Milwaukee County child welfare district, school board , or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am) indicates a charge or a conviction of a serious crime, but information obtained under par. (am) or (b) 1. does not indicate such a charge or conviction, the department, county department, child welfare agency, Milwaukee County child welfare district, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am) or (b) 1., a background information form under sub. (6) (a) or (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 , or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department, county department, child welfare agency, Milwaukee County child welfare district, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

SB481, s. 48 Section 48. 48.685 (2) (bd) of the statutes is amended to read:

SB481,31,7 48.685 (2) (bd) Notwithstanding pars. (am) and (b) 1., the department, a county department, a child welfare agency, the Milwaukee County child welfare district, or a school board is not required to obtain the information specified in par. (am) 1. to 5., and an entity is not required to obtain the information specified in par. (b) 1. a. to e., with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with, or permitted to reside at an entity for a reason specified in sub. (4m) (b) 1. to 5. and with respect to whom the department, county department, Milwaukee County child welfare district, child welfare agency, school board , or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with, or permitted to reside at an entity for any of those reasons. This paragraph does not preclude the department, a county department, a child welfare agency , the Milwaukee County child welfare district, or a school board from obtaining, at its discretion, the information specified in par. (am) 1. to 5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.

SB481, s. 49 Section 49. 48.685 (2) (bm) of the statutes is amended to read:

SB481,31,25 48.685 (2) (bm) If the person who is the subject of the search under par. (am) or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, or if the department, county department, child welfare agency, Milwaukee County child welfare district, school board, or entity determines that the person's employment, licensing, or state court records provide a reasonable basis for further investigation, the department, county department, child welfare agency, child welfare district, school board, or entity shall make a good faith effort to obtain from any state or other United States jurisdiction in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in par. (am) 1. or (b) 1. a. The department, county department, child welfare agency, Milwaukee County child welfare district, school board, or entity may require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.

SB481, s. 50 Section 50. 48.685 (3) (a) of the statutes is amended to read:

SB481,32,11 48.685 (3) (a) Every 4 years or at any time within that period that the department, a county department, a child welfare agency, the Milwaukee County child welfare district, or a school board considers appropriate, the department, county department, child welfare agency, child welfare district, or school board shall request the information specified in sub. (2) (am) 1. to 5. for all persons who are licensed, certified, or contracted to operate an entity, for all persons who are nonclient residents of an entity, and for all persons under 18 years of age, but not under 12 years of age, who are caregivers of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (4) or of a day care provider that is certified under s. 48.651.

SB481, s. 51 Section 51. 48.685 (3m) of the statutes is amended to read:

SB481,32,19 48.685 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a county department, a child welfare agency, the Milwaukee County child welfare district, or a school board has obtained the information required under sub. (2) (am) or (3) (a) with respect to a person who is a caregiver specified in sub. (1) (ag) 1. b. and that person is also an employee, contractor, or nonclient resident of an entity, the entity is not required to obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect to that person.

SB481, s. 52 Section 52. 48.685 (4m) (a) (intro.) of the statutes is amended to read:

SB481,33,4 48.685 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity, a county department may not certify a day care provider under s. 48.651, a county department, the Milwaukee County child welfare district, or a child welfare agency may not license, or renew the license of, a foster home or treatment foster home under s. 48.62, and a school board may not contract with a person under s. 120.13 (14), if the department, county department, child welfare agency, child welfare district, or school board knows or should have known any of the following:

SB481, s. 53 Section 53. 48.685 (4m) (ad) of the statutes is amended to read:

SB481,33,12 48.685 (4m) (ad) The department, a county department , the Milwaukee County child welfare district, or a child welfare agency may license a foster home or treatment foster home under s. 48.62, a county department may certify a day care provider under s. 48.651, and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am) indicating that the person is not ineligible to be licensed, certified , or contracted with for a reason specified in par. (a) 1. to 5.

SB481, s. 54 Section 54. 48.685 (5) (a) of the statutes is amended to read:

SB481,34,2 48.685 (5) (a) The department may license to operate an entity, a county department may certify under s. 48.651, a county department, the Milwaukee County child welfare district, or a child welfare agency may license under s. 48.62, and a school board may contract with under s. 120.13 (14) a person who otherwise may not be licensed, certified, or contracted with for a reason specified in sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside at the entity a person who otherwise may not be employed, contracted with, or permitted to reside at the entity for a reason specified in sub. (4m) (b) 1. to 5., if the person demonstrates to the department, the county department, the child welfare agency , the child welfare district, or the school board or, in the case of an entity that is located within the boundaries of a reservation, to the person or body designated by the tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule or by the tribe that he or she the person has been rehabilitated.

SB481, s. 55 Section 55. 48.685 (5c) (b) of the statutes is amended to read:

SB481,34,12 48.685 (5c) (b) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the county department that he or she has been rehabilitated may appeal to the director of the county department or his or her designee. Any person who is permitted but fails under sub. (5) (a) to demonstrate to the Milwaukee County child welfare district that he or she has been rehabilitated may appeal to the director of the child welfare district or his or her designee. Any person who is adversely affected by a decision of the director or his or her of the county department, the director of the Milwaukee County child welfare district, or a designee under this paragraph has a right to appeal the decision under ch. 68.

SB481, s. 56 Section 56. 48.685 (5m) of the statutes is amended to read:

SB481,35,7 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department, the Milwaukee County child welfare district, or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, and an entity may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the entity if the person has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department, county department, child welfare agency , child welfare district, or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department may refuse to license a person to operate a day care center, a county department may refuse to certify a day care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14), and a day care provider that is certified under s. 48.651 may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the day care center or day care provider if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, but that is, in the estimation of the department, county department, school board, day care center, or day care provider, substantially related to the care of a client.

SB481, s. 57 Section 57. 48.685 (6) (a) of the statutes is amended to read:

SB481,35,18 48.685 (6) (a) The department shall require any person who applies for issuance, continuation, or renewal of a license to operate an entity, a county department shall require any day care provider who applies for initial certification under s. 48.651 or for renewal of that certification, a county department, the Milwaukee County child welfare district, or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home or treatment foster home under s. 48.62, and a school board shall require any person who proposes to contract with the school board under s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department.

SB481, s. 58 Section 58. 48.685 (6) (b) 2m. of the statutes is created to read:

SB481,35,24 48.685 (6) (b) 2m. For caregivers who are licensed by the Milwaukee County child welfare district, for persons who are nonclient residents of an entity that is licensed by that child welfare district, and for other persons specified by the department by rule, the entity shall send the background information form to that child welfare district.

SB481, s. 59 Section 59. 48.685 (8) of the statutes is amended to read:

SB481,36,7 48.685 (8) The department, a county department, a child welfare agency, the Milwaukee County child welfare district, or a school board may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a) or for providing information to an entity to enable the entity to comply with sub. (2) (b) 1. or (3) (b). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be inconsistent with federal law.

SB481, s. 60 Section 60. 48.75 (1b) of the statutes is amended to read:

SB481,36,11 48.75 (1b) In this section, "public licensing agency" means a county department or, in a county having a population of 500,000 or more, the department or, with the approval of the department, the Milwaukee County child welfare district.

SB481, s. 61 Section 61. 48.78 (1) of the statutes is amended to read:

SB481,36,16 48.78 (1) In this section, unless otherwise qualified, "agency" means the department, a county department, a licensed child welfare agency, the Milwaukee County child welfare district, a licensed day care center, or a licensed maternity hospital.