2009 Wisconsin Act 28

48.60 (2) (e) A licensed foster home or a licensed treatment foster home.

28,1004 Section 1004. 48.61 (3) of the statutes is amended to read:

48.61 (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).

28,1005 Section 1005. 48.61 (7) of the statutes is amended to read:

48.61 (7) To license foster homes or treatment foster homes in accordance with s. 48.75 if licensed to do so.

28,1006 Section 1006. 48.615 (1) (b) of the statutes is amended to read:

48.615 (1) (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.

28,1007 Section 1007. Subchapter XIV (title) of chapter 48 [precedes 48.619] of the statutes is amended to read:

CHAPTER 48

SUBCHAPTER XIV

FOSTER HOMES AND TREATMENT FOSTER HOMES

28,1008 Section 1008. 48.619 of the statutes is amended to read:

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.

28,1009 Section 1009. 48.62 (title) of the statutes is amended to read:

48.62 (title) Licensing of foster homes and treatment foster homes; rates.

28,1010 Section 1010. 48.62 (1) (a) of the statutes is renumbered 48.62 (1).

28,1011 Section 1011. 48.62 (1) (b) of the statutes is repealed.

28,1012 Section 1012. 48.62 (2) of the statutes is amended to read:

48.62 (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.

28,1013 Section 1013. 48.62 (3) of the statutes is amended to read:

48.62 (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.

28,1014d Section 1014d. 48.62 (4) of the statutes is amended to read:

48.62 (4) Monthly payments in foster care shall be provided according to the age-related rates specified in this subsection. Beginning on January 1, 2008 2010, the age-related rates are $333 $215 for care and maintenance provided by a relative of a child of any age and, for care and maintenance provided by a nonrelative, $349 for a child under 5 years of age; $363 $381 for a child 5 to 11 years of age; $414 $433 for a child 12 to 14 years of age; and $432 $452 for a child 15 years of age or over. Beginning on January 1, 2009 2011, the age-related rates are $349 $220 for care and maintenance provided by a relative of a child of any age and, for care and maintenance provided by a nonrelative, $366 for a child under 5 years of age; $381 $400 for a child 5 to 11 years of age; $433 $455 for a child 12 to 14 years of age; and $452 $475 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 foster care to a foster home that is receiving an age-related rate under this subsection that are commensurate with the level of care that the foster home is licensed to provide and the needs of the child who is placed in the foster home according to the rules promulgated by the department under sub. (8) (c).

28,1015 Section 1015. 48.62 (5) (a) (intro.) of the statutes is amended to read:

48.62 (5) (a) (intro.) 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:

28,1017 Section 1017. 48.62 (5) (d) of the statutes is amended to read:

48.62 (5) (d) The department shall request from the secretary of the federal department of health and human services a waiver of the requirements under 42 USC 670 to 679a that would authorize the state to receive federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the costs of providing care for a child who is in the care of a guardian 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 waiver is approved for a county having a population of 500,000 or more, the department shall provide the monthly payments under par. (a) from the appropriations under s. 20.437 (1) (cx), (gx), (kw), and (mx) (dd) and (pd). If the waiver is approved for any other county, the department shall determine which counties are authorized to provide monthly payments under par. (a) or (b), and the county departments of those counties shall provide those payments from moneys received under s. 48.569 (1) (d).

28,1018 Section 1018 . 48.62 (5) (d) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

48.62 (5) (d) The department shall request from the secretary of the federal department of health and human services a waiver of the requirements under 42 USC 670 to 679a that would authorize the state to receive federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the costs of providing care for a child who is in the care of a guardian 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 waiver is approved for a county having a population of 500,000 or more, the department shall provide the monthly payments under par. (a) from the appropriations under s. 20.437 (1) (dd) and (pd). If the waiver is approved for any other county, the department shall determine which counties are authorized to provide monthly payments under par. (a) or (b), and the county departments of those counties shall provide those payments from moneys received under s. 48.569 (1) (d).

28,1020 Section 1020. 48.62 (6) of the statutes is amended to read:

48.62 (6) The department or a county department may recover an overpayment made under sub. (4) or (5) from a foster parent, treatment foster parent, guardian, or interim caretaker who continues to receive those payments under sub. (4) or (5) by reducing the amount of the person's monthly payment. The department may by rule specify other methods for recovering those overpayments made under sub. (4) or (5). A county department that recovers an overpayment under this subsection due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule.

28,1021 Section 1021. 48.62 (7) of the statutes is amended to read:

48.62 (7) In each federal fiscal year, the department shall ensure that there are no more than 2,200 children in foster care and treatment foster care placements for more than 24 months, consistent with the best interests of each child. Services provided in connection with this requirement shall comply with the requirements under P.L. 96-272.

28,1022 Section 1022. 48.62 (8) of the statutes is created to read:

48.62 (8) The department shall promulgate rules relating to foster homes as follows:

(a) Rules providing levels of care that a foster home is licensed to provide. Those levels of care shall be based on the level of knowledge, skill, training, experience, and other qualifications that are required of the licensee, the level of responsibilities that are expected of the licensee, the needs of the children who are placed with the licensee, and any other requirements relating to the ability of the licensee to provide for those needs that the department may promulgate by rule.

(b) Rules establishing a standardized assessment tool to assess the needs of a child placed or to be placed outside the home, to determine the level of care that is required to meet those needs, and to place the child in a placement that meets those needs. A foster home that is licensed to provide a given level of care under par. (a) may provide foster care for any child whose needs are assessed to be at or below the level of care that the foster home is licensed to provide.

(c) Rules providing monthly rates of reimbursement for foster care that are commensurate with the level of care that the foster home is licensed to provide and the needs of the child who is placed in the foster home. Those rates shall include rates for supplemental payments for special needs, exceptional circumstances, and initial clothing allowances for children placed in a foster home that is receiving an age-related monthly rate under sub. (4). In promulgating the rules under this paragraph, the department shall provide a mechanism for equalizing the amount of reimbursement received by a foster parent prior to the promulgation of those rules and the amount of reimbursement received by a foster parent under those rules so as to reduce the amount of any reimbursement that may be lost as a result of the implementation of those rules.

(d) Rules providing a monthly retainer fee for a foster home that agrees to maintain openings for emergency placements.

28,1022b Section 1022b. 48.62 (9) of the statutes is created to read:

48.62 (9) As soon as the department is ready to implement the rules promulgated under sub. (8), the secretary shall send a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register that states the date on which the provisions of 2009 Wisconsin Act .... (this act), relating to foster care levels of care will become effective.

28,1023 Section 1023. 48.625 (3) of the statutes is amended to read:

48.625 (3) This section does not apply to a foster home licensed under s. 48.62 (1) (a) or to a treatment foster home licensed under s. 48.62 (1) (b).

28,1024 Section 1024. 48.627 (title) of the statutes is amended to read:

48.627 (title) Foster, treatment foster and family-operated group home parent insurance and liability.

28,1025 Section 1025. 48.627 (2) (a) of the statutes is amended to read:

48.627 (2) (a) Before the department, a county department, or a licensed child welfare agency may issue, renew, or continue a foster home, treatment foster home or family-operated group home license, the licensing agency shall require the applicant to furnish proof satisfactory to the licensing 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.

28,1026 Section 1026. 48.627 (2c) of the statutes is amended to read:

48.627 (2c) The department shall determine the cost-effectiveness of purchasing private insurance that would provide coverage to foster, treatment foster, and family-operated group home parents for acts or omissions by or affecting a child who is placed in a foster home, a treatment foster home, or a family-operated group home. If this private insurance is cost-effective and available, the department shall purchase the insurance from the appropriations under s. 20.437 (1) (cf) and (pd). If the insurance is unavailable, payment of claims for acts or omissions by or affecting a child who is placed in a foster home, a treatment foster home, or a family-operated group home shall be in accordance with subs. (2m) to (3).

28,1027 Section 1027. 48.627 (2m) of the statutes is amended to read:

48.627 (2m) Within the limits of the appropriations under s. 20.437 (1) (cf) and (pd), the department shall pay claims to the extent not covered by any other insurance and subject to the limitations specified in sub. (3), for bodily injury or property damage sustained by a licensed foster, treatment foster, or family-operated group home parent or a member of the foster, treatment foster, or family-operated group home parent's family as a result of the act of a child in the foster, treatment foster, or family-operated group home parent's care.

28,1028 Section 1028. 48.627 (2s) (a) of the statutes is amended to read:

48.627 (2s) (a) Acts or omissions of the foster, treatment foster or family-operated group home parent that result in bodily injury to the child who is placed in the foster home, treatment foster home or family-operated group home or that form the basis for a civil action for damages by the foster child's parent against the foster, treatment foster or family-operated group home parent.

28,1029 Section 1029. 48.627 (2s) (b) of the statutes is amended to read:

48.627 (2s) (b) Bodily injury or property damage caused by an act or omission of a child who is placed in the foster, treatment foster or family-operated group home parent's care for which the foster, treatment foster or family-operated group home parent becomes legally liable.

28,1030 Section 1030. 48.627 (3) (b) of the statutes is amended to read:

48.627 (3) (b) A claim under sub. (2m) shall be submitted to the department within 90 days after the bodily injury or property damage occurs. A claim under sub. (2s) shall be submitted within 90 days after a foster, treatment foster or family-operated group home parent learns that a legal action has been commenced against that parent. No claim may be paid under this subsection unless it is submitted within the time limits specified in this paragraph.

28,1031 Section 1031. 48.627 (3) (d) of the statutes is amended to read:

48.627 (3) (d) No claim may be approved in an amount exceeding the total amount available for paying claims under this subsection in the fiscal year during which the claim is submitted. No claim for property damage sustained by a foster, treatment foster or family-operated group home parent or a member of a foster, treatment foster or family-operated group home parent's family may be approved in an amount exceeding $250,000.

28,1032 Section 1032. 48.627 (3) (e) of the statutes is amended to read:

48.627 (3) (e) The department may not approve a claim unless the foster, treatment foster or family-operated group home parent submits with the claim evidence that is satisfactory to the department of the cause and value of the claim and evidence that insurance coverage is unavailable or inadequate to cover the claim. If insurance is available but inadequate, the department may approve a claim only for the amount of the value of the claim that it determines is in excess of the amount covered by insurance.

28,1033 Section 1033. 48.627 (3) (f) of the statutes is amended to read:

48.627 (3) (f) If the total amount of the claims approved during any calendar quarter exceeds 25% of the total funds available during the fiscal year for purposes of this subsection plus any unencumbered funds remaining from the previous quarter, the department shall prorate the available funds among the claimants with approved claims. The department shall also prorate any unencumbered funds remaining in the appropriation under s. 20.437 (1) (cf) at the end of each fiscal year among the claimants whose claims were prorated during the fiscal year. Payment of a prorated amount from unencumbered funds remaining at the end of the fiscal year constitutes a complete payment of the claim for purposes of this program, but does not prohibit a foster parent or treatment foster parent family-operated group home parent from submitting a claim under s. 16.007 for the unpaid portion.

28,1034 Section 1034. 48.627 (3) (h) of the statutes is amended to read:

48.627 (3) (h) If a claim by a foster, treatment foster or family-operated group home parent or a member of the foster, treatment foster or family-operated group home parent's family is approved, the department shall deduct from the amount approved $100 less any amount deducted by an insurance company from a payment for the same claim, except that a foster, treatment foster or family-operated group home parent and his or her family are subject to only one deductible for all claims filed in a fiscal year.

28,1035 Section 1035. 48.627 (4) of the statutes is amended to read:

48.627 (4) Except as provided in s. 895.485, the department is not liable for any act or omission by or affecting a child who is placed in a foster home, treatment foster home, or family-operated group home, but shall, as provided in this section, pay claims described under sub. (2m) and may pay claims described under sub. (2s) or may purchase insurance to cover such claims as provided for under sub. (2c), within the limits of the appropriations under s. 20.437 (1) (cf) and (pd).

28,1036 Section 1036. 48.627 (5) of the statutes is amended to read:

48.627 (5) The attorney general may represent a foster, treatment foster or family-operated group home parent in any civil action arising out of an act or omission of the foster, treatment foster or family-operated group home parent while acting in his or her capacity as a foster, treatment foster or family-operated group home parent.

28,1037 Section 1037. 48.63 (1) of the statutes is amended to read:

48.63 (1) Acting under court order or voluntary agreement, the child's parent or guardian or the department, the department of corrections, a county department, or a child welfare agency licensed to place children in foster homes, 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, homes or group homes and may not be extended. A foster home or treatment foster home placement under a voluntary agreement may not exceed 180 days from the date on which the child was removed from the home under the voluntary agreement. A group home placement under a voluntary agreement may not exceed 15 days from the date on which the child was removed from the home under the voluntary agreement, except as provided in sub. (5). These time periods 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 sub. (5) (b) 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. If a county department, the department, or the department of corrections places a child or negotiates or acts as intermediary for the placement of a child under this subsection, the voluntary agreement shall also specifically state that the county department, department, or department of corrections has placement and care responsibility for the child as required under 42 USC 672 (a) (2) and has primary responsibility for providing services to the child.

28,1038 Section 1038. 48.63 (3) (b) 2. of the statutes is amended to read:

48.63 (3) (b) 2. The department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place a child under subd. 1. in the home of a proposed adoptive parent or parents who reside in this state if that home is licensed as a foster home or treatment foster home under s. 48.62.

28,1039 Section 1039. 48.63 (4) of the statutes is amended to read:

48.63 (4) A permanency plan under s. 48.38 is required for each child placed in a foster home or treatment foster home under sub. (1). If the child is living in a foster home or treatment foster home under a voluntary agreement, the agency that negotiated or acted as intermediary for the placement shall prepare the permanency plan within 60 days after the date on which the child was removed from his or her home under the voluntary agreement. A copy of each plan shall be provided to the child if he or she is 12 years of age or over and to the child's parent or guardian. If the agency that arranged the voluntary placement intends to seek a court order to place the child outside of his or her home at the expiration of the voluntary placement, the agency shall prepare a revised permanency plan and file that revised plan with the court prior to the date of the hearing on the proposed placement.

28,1040 Section 1040. 48.64 (title) of the statutes is amended to read:

48.64 (title) Placement of children in foster homes, treatment foster homes and group homes.

28,1041 Section 1041. 48.64 (1) of the statutes is amended to read:

48.64 (1) Definition. In this section, "agency" means the department, the department of corrections, a county department, or a licensed child welfare agency authorized to place children in foster homes, treatment foster homes, or group homes.

28,1042 Section 1042. 48.64 (1m) of the statutes is amended to read:

48.64 (1m) Foster home, treatment foster home and group home agreements. If an agency places a child in a foster home, treatment foster home or group home under a court order or voluntary agreement under s. 48.63, the agency shall enter into a written agreement with the head of the home. The agreement shall provide that the agency shall have access at all times to the child and the home, and that the child will be released to the agency whenever, in the opinion of the agency placing the child or the department, the best interests of the child require it release to the agency. If a child has been in a foster home, treatment foster home or group home for 6 months or more, the agency shall give the head of the home written notice of intent to remove the child, stating the reasons for the removal. The child may not be removed before completion of the hearing under sub. (4) (a) or (c), if requested, or 30 days after the receipt of the notice, whichever is later, unless the safety of the child requires it or, in a case in which the reason for removal is to place the child for adoption under s. 48.833, unless all of the persons who have the right to request a hearing under sub. (4) (a) or (c) sign written waivers of objection to the proposed removal. If the safety of the child requires earlier removal, s. 48.19 shall apply. If an agency removes a child from an adoptive placement, the head of the home shall have no claim against the placing agency for the expense of care, clothing, or medical treatment.

28,1043 Section 1043. 48.64 (1r) of the statutes is amended to read:

48.64 (1r) Notification of school district. When an agency places a school-age child in a foster home, a 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.

28,1044 Section 1044. 48.64 (2) of the statutes is amended to read:

48.64 (2) Supervision of foster home , treatment foster home and group home placements. Every child in a foster home, treatment foster home or group home shall be under the supervision of an agency.

28,1045 Section 1045. 48.64 (4) (a) of the statutes is amended to read:

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 any additional investigation as that 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, 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, or child welfare agency that issued the decision or order. The decision shall be binding on all parties concerned.

28,1046 Section 1046. 48.64 (4) (c) of the statutes is amended to read:

48.64 (4) (c) The circuit court for the county where the dispositional order placing a child in a foster home, treatment foster home, or group home was entered or the voluntary agreement under s. 48.63 so placing a child was made has jurisdiction upon petition of any interested party over a child who is placed in a foster home, treatment foster home, or group home. The circuit court may call a hearing, at which the head of the home and the supervising agency under sub. (2) shall be present, for the purpose of reviewing any decision or order of that agency involving the placement and care of the child. If the child has been placed in a foster home, the foster parent may present relevant evidence at the hearing. The petitioner has the burden of proving by clear and convincing evidence that the decision or order issued by the agency is not in the best interests of the child.