48.57(3p)(h)3.
3. The director of the county department, the person designated by the governing body of a federally recognized American Indian tribe or band or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services shall review the denial of payments or the prohibition on employment or being an adult resident to determine if the conviction record on which the denial or prohibition is based includes any arrests, convictions or penalties that are likely to adversely affect the child or the ability of the kinship care relative to care for the child. In reviewing the denial or prohibition, the director of the county department, the person designated by the governing body of the federally recognized American Indian tribe or band or the person designated by the secretary of health and family services shall consider, but not be limited to, all of the following factors:
48.57(3p)(h)3.a.
a. The length of time between the date of the arrest, conviction or of the imposition of the penalty and the date of the review.
48.57(3p)(h)3.b.
b. The nature of the violation or penalty and how that violation or penalty affects the ability of the kinship care relative to care for the child.
48.57(3p)(h)3.c.
c. Whether making an exception to the denial or prohibition would be in the best interests of the child.
48.57(3p)(h)4.
4. If the director of the county department, the person designated by the governing body of the federally recognized American Indian tribe or band or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services determines that the conviction record on which the denial of payments or the prohibition on employment or being an adult resident is based does not include any arrests, convictions or penalties that are likely to adversely affect the child or the ability of the kinship care relative to care for the child, the director of the county department, the person designated by the governing body of the federally recognized American Indian tribe or band or the person designated by the secretary of health and family services may approve the making of payments under
sub. (3m) or may permit a person receiving payments under
sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident.
48.57(3p)(h)5.
5. A decision under this paragraph is not subject to review under
ch. 227.
48.57(3p)(hm)
(hm) A county department or, in a county having a population of 500,000 or more, the department may not make payments to a person under
sub. (3n) or
s. 48.62 (5) (a) or
(b) and a person receiving payments under
sub. (3n) or
s. 48.62 (5) (a) or
(b) may not employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident if the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary to review conviction records under this paragraph determines that the person has any arrest or conviction that is likely to adversely affect the child or the person's ability to care for the child.
48.57(3p)(i)
(i) A county department and, in a county having a population of 500,000 or more, the department of health and family services shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under
s. 19.35.
48.57(3p)(j)
(j) A county department or, in a county having a population of 500,000 or more, the department of health and family services may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.
48.57(3t)
(3t) Notwithstanding
subs. (3m),
(3n) and
(3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe or band to allow that governing body to administer the program under
subs. (3m),
(3n) and
(3p) within the boundaries of that reservation. Any agreement under this subsection relating to the administration of the program under
sub. (3m) shall specify the person with whom a request for review under
sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under
sub. (3p) (h) 3. and make the determination under
sub. (3p) (h) 4. Any agreement under this subsection relating to the administration of the program under
sub. (3n) shall specify who is to make any determination as to whether a conviction record is satisfactory.
48.57 History
History: 1977 c. 29;
1977 c. 83 s.
26;
1977 c. 271,
354,
418,
447,
449;
1979 c. 34,
221;
1981 c. 329;
1983 a. 189 s.
329 (17);
1983 a. 447;
1985 a. 176;
1987 a. 339;
1993 a. 385,
395,
446,
491;
1995 a. 27 ss.
2575 to
2579m,
9126 (19);
1995 a. 77,
289,
443;
1997 a. 3,
27,
35,
36,
41,
105,
237,
252,
292;
1999 a. 9,
103,
133,
162;
2001 a. 16 ss.
1629,
4036-
4038,
4040,
4042,
4043;
2001 a. 38,
59,
69,
109;
2005 a. 25,
232,
293.
48.57 Annotation
This section does not authorize the department to place children in a detention home temporarily while permanent placement is sought. State ex rel. Harris v. Larson,
64 Wis. 2d 521,
219 N.W.2d 335 (1974).
48.57 Annotation
County agencies providing child welfare services do not have authority under sub. (1) or s. 48.52 to lease real property for foster home use. 65 Atty. Gen. 93.
48.58
48.58
County children's home in populous counties. 48.58(1)(1) Any existing county children's home in counties with a population of 500,000 or more may do any of the following:
48.58(1)(b)
(b) Provide care for children in need of protection or services, and delinquent juveniles referred by the county department under
s. 46.215
, if the delinquent juveniles are placed in separate facilities;
48.58(1)(c)
(c) Provide temporary shelter care for children in need of protection or services and delinquent juveniles; provided that the delinquent juveniles are placed in separate facilities.
48.59
48.59
Examination and records. 48.59(1)
(1) The county department or, in a county having a population of 500,000 or more, the department or an agency under contract with the department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under
s. 48.345 and of every expectant mother of an unborn child placed under its supervision under
s. 48.347 and make any physical or mental examinations of the child or expectant mother considered necessary to determine the type of care necessary for the child or expectant mother. The county department, department or agency shall screen a child or expectant mother who is examined under this subsection to determine whether the child or expectant mother is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department, department or agency shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child or expectant mother, the results of all tests and examinations given the child or expectant mother and a complete history of all placements of the child while in the legal custody or under the supervision of the county department, department or agency or of the expectant mother while under the supervision of the county department, department or agency.
48.59(2)
(2) At the department's request, the county department shall report to the department regarding children who are in the legal custody or under the supervision of the county department and expectant mothers of unborn children who are under the supervision of the county department.
48.59 Annotation
A county with a population under 500,000 may, by ordinance under s. 19.21 (6), provide for the destruction of obsolete case records maintained by county social services agencies. 70 Atty. Gen. 196.
CHILD WELFARE AGENCIES
48.599
48.599
Definitions. In this subchapter:
48.599(1)
(1) "Physical restraint" includes all of the following:
48.599(1)(b)
(b) A device or garment that interferes with a child's freedom of movement and that the child is unable to remove easily.
48.599(1)(c)
(c) Restraint by a child welfare agency staff member of a child by use of physical force.
48.599(2)
(2) "Psychotropic medication" means an antipsychotic, antidepressant, lithium carbonate or a tranquilizer.
48.599 History
History: 1989 a. 336.
48.60
48.60
Child welfare agencies licensed. 48.60(1)
(1) No person may receive children, with or without transfer of legal custody, to provide care and maintenance for 75 days in any consecutive 12 months' period for 4 or more such children at any one time unless that person obtains a license to operate a child welfare agency from the department. To obtain a license under this subsection to operate a child welfare agency, a person must meet the minimum requirements for a license established by the department under
s. 48.67, meet the requirements specified in
s. 48.685 and pay the applicable license fee under
s. 48.615 (1) (a) or
(b). A license issued under this subsection is valid until revoked or suspended, but shall be reviewed every 2 years as provided in
s. 48.66 (5).
48.60(2)
(2) This section does not include:
48.60(2)(a)
(a) A relative or guardian who provides care and maintenance for such children.
48.60(2)(b)
(b) A bona fide educational institution whose pupils, in the ordinary course of events, return annually to the homes of their parents or guardians for not less than 2 months of summer vacation.
48.60(2)(d)
(d) A hospital or nursing home licensed, approved or supervised by the department.
48.60(2)(e)
(e) A licensed foster home or a licensed treatment foster home.
48.60(2)(f)
(f) Institutions for mentally deficient children, which institutions have a full-time child population of not less than 150 children and which are subject to examination as provided in
s. 46.03 (5).
48.60(3)
(3) Before issuing or continuing any license to a child welfare agency under this section, the department of health and family services shall review the need for the additional placement resources that would be made available by licensing or continuing the license of any child welfare agency after August 5, 1973, providing care authorized under
s. 48.61 (3). Neither the department of health and family services nor the department of corrections may make any placements to any child welfare agency where the departmental review required under this subsection has failed to indicate the need for the additional placement resources.
48.60(4)(b)
(b) Notwithstanding
ss. 121.78 (3) (a) and
121.79 (1) (a), a child welfare agency shall pay for the costs incurred by a school district in providing special education and related services to a child with a disability who has been placed with the child welfare agency under the interstate compact on the placement of children under
s. 48.988.
48.60(5)(a)(a) No later than 24 hours after the death of a child who resided in a residential care center for children and youth operated by a child welfare agency, the child welfare agency shall report the death to the department if one of the following applies:
48.60(5)(a)1.
1. There is reasonable cause to believe that the death was related to the use of physical restraint or a psychotropic medication for the child.
48.60(5)(a)3.
3. There is reasonable cause to believe that the death was a suicide.
48.60(5)(c)
(c) No later than 14 days after the date of the death reported under
par. (a), the department shall investigate the death.
48.60 Cross-reference
Cross Reference: See also ch.
HFS 5, Wis. adm. code.
48.61
48.61
Powers and duties of child welfare agencies. A child welfare agency shall have authority:
48.61(1)
(1) To accept legal or physical custody of children transferred to it by the court under
s. 48.355.
48.61(2)
(2) To contract with any parent or guardian or other person for the supervision or care and maintenance of any child.
48.61(3)
(3) To provide appropriate care and training for children in its legal or physical custody and, if licensed to do so, to place children in licensed foster homes, licensed treatment foster homes, and licensed group homes and in the homes of guardians under
s. 48.977 (2).
48.61(4)
(4) To provide for the moral and religious training of children in its legal custody according to the religious belief of the child or the child's parents.
48.61(5)
(5) If licensed to do so, to accept guardianship of children when appointed by the court, and to place children under its guardianship for adoption.
48.61(7)
(7) To license foster homes or treatment foster homes in accordance with
s. 48.75 if licensed to do so.
48.61 Cross-reference
Cross Reference: See also ch.
HFS 54, Wis. adm. code.
48.615
48.615
Child welfare agency licensing fees. 48.615(1)(a)(a) Before the department may issue a license under
s. 48.60 (1) to a child welfare agency that regularly provides care and maintenance for children within the confines of a residential care center for children and youth operated by the child welfare agency, the child welfare agency must pay to the department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on the number of children that the child welfare agency is licensed to serve.
48.615(1)(b)
(b) Before the department may issue a license under
s. 48.60 (1) to a child welfare agency that places children in licensed foster homes, licensed treatment foster homes, and licensed group homes and in the homes of guardians under
s. 48.977 (2), the child welfare agency must pay to the department a biennial fee of $254.10.
48.615(1)(c)
(c) A child welfare agency that wishes to continue a license issued under
s. 48.60 (1) shall pay the applicable fee under
par. (a) or
(b) by the continuation date of the license.
48.615(1)(d)
(d) A new child welfare agency shall pay the applicable fee under
par. (a) or
(b) no later than 30 days before the opening of the child welfare agency.
48.615(2)
(2) A child welfare agency that wishes to continue a license issued under
s. 48.60 (1) and that fails to pay the applicable fee under
sub. (1) (a) or
(b) by the continuation date of the license or a new child welfare agency that fails to pay the applicable fee under
sub. (1) (a) or
(b) by 30 days before the opening of the child welfare agency shall pay an additional fee of $5 per day for every day after the deadline that the agency fails to pay the fee.
FOSTER HOMES AND TREATMENT FOSTER HOMES
48.619
48.619
Definition. In this subchapter, "child" means a person under 18 years of age and also includes, for purposes of counting the number of children for whom a foster home, treatment foster home, or group home may provide care and maintenance, a person 18 years of age or over, but under 19 years of age, who is a full-time student at a secondary school or its vocational or technical equivalent, who is reasonably expected to complete the program before reaching 19 years of age, who was residing in the foster home, treatment foster home, or group home immediately prior to his or her 18th birthday, and who continues to reside in that foster home, treatment foster home, or group home.
48.619 History
History: 2001 a. 69.
48.62
48.62
Licensing of foster homes and treatment foster homes; rates. 48.62(1)(a)(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 or a licensed child welfare agency as provided in
s. 48.75.
48.62(1)(b)
(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 or a licensed child welfare agency as provided in
s. 48.75.
48.62(2)
(2) A relative[,,] or a guardian of a child who provides care and maintenance for the child is not required to obtain the license specified in this section. The department, county department, 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, or a licensed child welfare agency may, at the request of a guardian appointed under
s. 48.977 or
48.978,
ch. 54, or ch.
880, 2003 stats., 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,
ch. 54, or ch.
880, 2003 stats., who are licensed to operate foster homes or treatment foster homes are subject to the department's licensing rules.
48.62 Note
NOTE: Sub. (2) is shown as affected by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed commas were inserted by
2005 Wis. Act 387, but rendered surplusage by
2005 Wis. Act 232. Corrective legislation is pending.
48.62(3)
(3) When the department, a county department or a child welfare agency issues a license to operate a foster home or a treatment foster home, the department, county department 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.
48.62(4)
(4) Monthly payments in foster care shall be provided according to the age-related rates specified in this subsection. Beginning on January 1, 2006, the age-related rates are $317 for a child under 5 years of age; $346 for a child 5 to 11 years of age; $394 for a child 12 to 14 years of age; and $411 for a child 15 years of age or over. In addition to these grants for basic maintenance, the department shall make supplemental payments for special needs, exceptional circumstances, care in a treatment foster home, and initial clothing allowances according to rules promulgated by the department.
48.62(5)(a)(a) Subject to
par. (d), a county department or, in a county having a population of 500,000 or more, the department shall provide monthly subsidized guardianship payments in the amount specified in
par. (e) to a guardian of a child under
s. 48.977 (2) or under a substantially similar tribal law or law of another state who was licensed as the child's foster parent or treatment foster parent before the guardianship appointment and who has entered into a subsidized guardianship agreement with the county department or department if the guardian meets the conditions specified in
par. (c) 1. and
2. and if the child meets any of the following conditions:
48.62(5)(a)1.
1. The child has been placed outside of his or her home, as described in
s. 48.365 (1), for a cumulative total period of one year or longer, the court has found that the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home, while assuring that the child's health and safety are the paramount concerns, but that reunification of the child with the child's parent or parents is unlikely or contrary to the best interests of the child and that further reunification efforts are unlikely to be made or are contrary to the best interests of the child, or that any of the circumstances specified in
s. 48.355 (2d) (b) 1. to
5. apply, and the court has found that appointment of a guardian for the child is in the best interests of the child.
48.62(5)(a)2.
2. The child does not meet the conditions specified in
subd. 1., but the county department or department has determined, and a court has confirmed under
s. 48.977 (3r) or under a substantially similar tribal law or law of another state, that appointing a guardian for the child and providing monthly subsidized guardianship payments to the guardian are in the best interests of the child.
48.62(5)(b)
(b) Subject to
par. (d), on the death, incapacity, resignation, or removal of a guardian receiving payments under
par. (a), a county department or, in a county having a population of 500,000 or more, the department shall provide monthly subsidized guardianship payments in the amount specified in
par. (e) for a period of up to 12 months to an interim caretaker who meets all of the conditions specified in
par. (c).
