2009 Wisconsin Act 28

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.

28,1047 Section 1047. 48.645 (1) (a) of the statutes is amended to read:

48.645 (1) (a) The child is living in a foster home or treatment foster home licensed under s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625, in a subsidized guardianship home under s. 48.62 (5), or in a residential care center for children and youth licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home, subsidized guardianship home, or center by a county department under s. 46.215, 46.22, or 46.23, by the department, or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department under s. 46.215, 46.22, or 46.23.

28,1048 Section 1048. 48.645 (2) (a) 1. of the statutes is amended to read:

48.645 (2) (a) 1. A nonrelative who cares for the dependent child in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, or in a group home licensed under s. 48.625 ,; a subsidized guardian or interim caretaker under s. 48.62 (5) who cares for the dependent child,; or a minor custodial parent who cares for the dependent child,; regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 48.569 (2) and the percentage rate of participation set forth in s. 48.569 (1) (d) for aid granted under this section except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

28,1049 Section 1049. 48.645 (2) (a) 3. of the statutes is amended to read:

48.645 (2) (a) 3. A county or, in a county having a population of 500,000 or more, the department, when the child is placed in a licensed foster home, treatment foster home, group home, or residential care center for children and youth or in a subsidized guardianship home by a licensed child welfare agency or by a federally recognized American Indian tribal governing body in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or if the child was removed from the home of a relative as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made under an agreement with the county department or the department.

28,1050 Section 1050. 48.645 (2) (a) 4. of the statutes is amended to read:

48.645 (2) (a) 4. A licensed foster home, treatment foster home, group home, or residential care center for children and youth or a subsidized guardianship home when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body, or when the child was part of the state's direct service case load and was removed from the home of a relative as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department.

28,1051 Section 1051. 48.645 (2) (b) of the statutes is amended to read:

48.645 (2) (b) Notwithstanding par. (a), aid under this section may not be granted for placement of a child in a foster home or treatment foster home licensed by a federally recognized American Indian tribal governing body, for placement of a child in a foster home, treatment foster home, group home, subsidized guardianship home, or residential care center for children and youth by a tribal governing body or its designee, or for the placement of a child who is a ward of a tribal court if the tribal governing body is receiving or is eligible to receive funds from the federal government for that type of placement.

28,1051n Section 1051n. 48.648 of the statutes is created to read:

48.648 Foster children's bill of rights. (1) The department and all county departments and licensed child welfare agencies shall respect the rights of all foster children. These rights shall include the right to all of the following:

(a) Live in a safe, healthy, and comfortable home where the foster child is treated with respect.

(b) Be free from physical, sexual, emotional, or other abuse or corporal punishment.

(c) Receive adequate and healthy food and adequate clothing.

(d) Receive medical, dental, vision, and mental health services.

(e) Be free from the administration of medication or chemical substances, unless authorized by a physician.

(f) Contact family members, unless prohibited by court order.

(g) Visit and contact siblings, unless prohibited by court order.

(h) Contact the department, a county department, or a licensed child welfare agency regarding violations of rights, to speak to representatives of those agencies confidentially, and to be free from threats or punishments for making complaints.

(i) Make and receive confidential telephone calls and send and receive confidential mail and electronic mail, if electronic mail is available at the foster child's placement.

(j) Attend religious services and activities of the foster child's choice.

(k) Manage personal income, consistent with the foster child's age and developmental level, unless prohibited by the foster child's case plan.

(L) Not be locked in any room.

(m) Attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the foster child's age and developmental level.

(n) Work as permitted under state and federal law and to develop job skills at an age-appropriate level.

(o) Have social contacts with people outside of the child welfare system, such as teachers, church members, mentors, and friends.

(p) Attend court hearings and speak to the judge.

(q) Have storage space for private use.

(r) Review the foster child's permanency plan if he or she is over 12 years of age and to receive information about that permanency plan and any changes to that permanency plan.

(s) Be free from unreasonable searches of personal belongings.

(t) Have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnicity, ancestry, national origin, religion, sex, sexual orientation, mental or physical disability, or human immunodeficiency virus status.

(u) Have access, if 16 years of age or over, to information regarding the educational options available, including the prerequisites for vocational and postsecondary education options and information regarding financial aid for postsecondary education.

(2) When a child is placed in a foster home, the department, county department, or licensed child welfare agency placing the child shall provide the child with a written copy of the foster children's bill of rights in the child's primary language, if possible, and shall inform the child of the rights provided by the foster children's bill of rights orally using language or means that are appropriate to the child's age and developmental level and that ensure that the child understands the meaning of the bill of rights.

28,1051o Section 1051o. 48.649 of the statutes is created to read:

48.649 Foster parent's bill of rights. (1) The department and all county departments and licensed child welfare agencies shall respect the rights of all foster parents. These rights shall include the right to all of the following:

(a) Be treated with dignity, respect, and consideration as a professional member of the child welfare team.

(b) Be given training prior to receiving children in the home and appropriate ongoing training to meet the foster parent's needs and improve the foster parent's skills.

(c) Be informed of how to contact the appropriate agency in order to receive information on and assistance in accessing supportive services for a foster child in the foster parent's care.

(d) Receive timely financial reimbursement commensurate with the care needs of a foster child in the foster parent's care as specified in the foster child's permanency plan.

(e) Be provided a clear, written understanding of the permanency plan and case plan of a child placed in the foster parent's care to the extent that those plans concern the placement of the foster child in the foster parent's home.

(f) Be provided a fair, timely, and impartial investigation of complaints concerning the foster parent's licensure, to be provided with the opportunity to have a person of the foster parent's choosing present during the investigation, and to be provided due process during the investigation.

(g) Receive information that is necessary and relevant to the care of a foster child placed in the foster parent's care at any time during which the foster child is placed with the foster parent.

(h) Be notified of scheduled meetings and provided with information relating to the case management of a foster child placed in the foster parent's care in order to actively participate in the case planning and decision-making process regarding the foster child.

(i) Be informed of decisions regarding a foster child placed in the foster parent's care made by the court or the agency responsible for the care and placement of the foster child.

(j) Provide input concerning the case plan of a foster child placed in the foster parent's care and to have that input given full consideration in the same manner as information presented by any other professional member of the child welfare team and to communicate with other professionals who work with the foster child within the context of the child welfare team, including therapists, physicians, and teachers.

(k) Be given, in a timely and consistent manner, any information a case worker has regarding a foster child placed in the foster parent's care and the child's family that is pertinent to the care and needs of the foster child and to the making of a case plan for the foster child.

(L) Be given clear instruction on the disclosure of information concerning a foster child placed in the foster parent's care and the foster child's family.

(m) Be given reasonable written notice of any changes to the permanency plan of a foster child placed in the foster parent's care, plans to remove a foster child from the foster parent's home, and the reasons for removing the foster child, except under circumstances when the foster child is in imminent risk of harm.

(n) Be notified in a timely and complete manner of all court hearings and of the rights of the foster parent at the hearing.

(o) Be considered as a placement option when a foster child who was formerly placed with the foster parent reenters foster care, if that placement is consistent with the best interest of the child and of any other children in the home.

(p) Have timely access to any administrative or judicial appeal processes and to be free from acts of harassment and retaliation by any other party when exercising the right to appeal.

(2) The department, county department, or licensed child welfare agency shall provide a foster parent with a written copy of the foster parent's bill of rights in his or her primary language, if possible, when the department, county department, or licensed child welfare agency issues or renews a foster care license.

28,1052 Section 1052. 48.65 (3) (a) of the statutes is amended to read:

48.65 (3) (a) Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 4 to 8 children, the day care center must pay to the department a biennial fee of $60.50. Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 9 or more children, the day care center must pay to the department a biennial fee of $30.25, plus a biennial fee of $10.33 $16.94 per child, based on the number of children that the day care center is licensed to serve. A day care center that wishes to continue a license issued under sub. (1) shall pay the applicable fee under this paragraph by the continuation date of the license. A new day care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the day care center.

28,1053d Section 1053d. 48.651 (1) (intro.) of the statutes is amended to read:

48.651 (1) (intro.) Each county department shall certify No person, other than a day care center licensed under s. 48.65 or established or contracted for under s. 120.13 (14), may receive reimbursement for providing child care services for an individual who is determined eligible for a child care subsidy under s. 49.155 unless the person is certified, according to the standards adopted by the department under s. 49.155 (1d), each day care provider reimbursed for child care services provided to families determined eligible under s. 49.155, unless the provider is a day care center licensed under s. 48.65 or is established or contracted for under s. 120.13 (14). Each county may charge a fee to cover the costs of certification by the department in a county having a population of 500,000 or more, a county department, or an agency with which the department contracts under sub. (2). To be certified under this section, a person must meet the minimum requirements for certification established by the department under s. 49.155 (1d), meet the requirements specified in s. 48.685, and pay the fee specified in this section. The county sub. (2). The department in a county having a population of 500,000 or more, a county department, or an agency contracted with under sub. (2) shall certify the following categories of day care providers:

28,1054d Section 1054d. 48.651 (1) (a) of the statutes is amended to read:

48.651 (1) (a) Level I certified family day care providers, as established by the department under s. 49.155 (1d). No county may certify a provider may be certified under this paragraph if the provider is a relative of all of the children for whom he or she provides care.

28,1055d Section 1055d. 48.651 (2) of the statutes is created to read:

48.651 (2) The department in a county having a population of 500,000 or more or a county department shall certify day care providers under sub. (1) or the department may contract with a Wisconsin Works agency, as defined in s. 49.001 (9), child care resource and referral agency, or other agency to certify day care providers under sub. (1) in a particular geographic area or for a particular Indian tribal unit. The department in a county having a population of 500,000 or more or a county department that certifies day care providers under sub. (1) may charge a fee to cover the costs of certifying those providers. An agency contracted with under this subsection may charge a fee specified by the department to supplement the amount provided by the department under the contract for certifying day care providers.

28,1055m Section 1055m. 48.651 (2c) of the statutes is created to read:

48.651 (2c) From the allocation under s. 49.175 (1) (p), the department shall do all of the following:

(a) Reimburse a county having a population of 500,000 or more for all approved, allowable certification costs, as provided in s. 49.826 (2) (c).

(b) For contracts with agencies entered into under sub. (2), allocate available funds, as determined by the department, in proportion to the number of certified providers, applications for certification, previously experienced certification costs, estimated certification costs, or such other measures as the department determines.

28,1056d Section 1056d. 48.651 (2m) of the statutes is amended to read:

48.651 (2m) Each The department in a county having a population of 500,000 or more, a county department, or an agency contracted with under sub. (2) shall provide the department of health services with information about each person who is denied certification for a reason specified in s. 48.685 (4m) (a) 1. to 5.

28,1056t Section 1056t. 48.657 (2m) of the statutes is created to read:

48.657 (2m) The department shall make available on the department's Internet site, as part of the department's licensed day care center search database, a specific description of any violation described in sub. (1) and a description of any steps taken by the day care center to correct the violation.

28,1057 Section 1057. 48.659 of the statutes is created to read:

48.659 Child care quality rating system. The department shall provide a child care quality rating system that rates the quality of the child care provided by a child care provider licensed under s. 48.65 that receives reimbursement under s. 49.155 for the child care provided or that volunteers for rating under this section. The department shall make the rating information provided under that system available to the parents, guardians, and legal custodians of children who are recipients, or prospective recipients, of care and supervision from a child care provider that is rated under this section, including making that information available on the department's Internet site.

28,1058 Section 1058. Subchapter XVI (title) of chapter 48 [precedes 48.66] of the statutes is amended to read:

CHAPTER 48

SUBCHAPTER XVI

LICENSING PROCEDURES AND REQUIREMENTS FOR CHILD WELFARE AGENCIES, FOSTER HOMES, TREATMENT FOSTER HOMES, GROUP HOMES, DAY CARE CENTERS, AND COUNTY DEPARTMENTS

28,1059 Section 1059. 48.66 (1) (a) of the statutes is amended to read:

48.66 (1) (a) Except as provided in s. 48.715 (6) and (7), the department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 938.22, and day care centers, as required by s. 48.65. The department may license foster homes or treatment foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74. In the discharge of this duty the department may inspect the records and visit the premises of all child welfare agencies, group homes, shelter care facilities, and day care centers and visit the premises of all foster homes and treatment foster homes in which children are placed.

28,1060 Section 1060. 48.66 (1) (c) of the statutes is amended to read:

48.66 (1) (c) A license issued under par. (a) or (b), other than a license to operate a foster home, treatment foster home, or secured residential care center for children and youth, is valid until revoked or suspended. A license issued under this subsection to operate a foster home, treatment foster home, or secured residential care center for children and youth may be for any term not to exceed 2 years from the date of issuance. No license issued under par. (a) or (b) is transferable.

28,1061 Section 1061. 48.67 (intro.) of the statutes is amended to read:

48.67 Rules governing child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. (intro.) The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of commerce, the department of public instruction, and the child abuse and neglect prevention board before promulgating those rules. For foster homes, those rules shall include the rules promulgated under s. 48.62 (8). Those rules shall include rules that require all of the following:

28,1062 Section 1062. 48.67 (4) of the statutes is created to read:

48.67 (4) That all foster parents successfully complete training in the care and support needs of children who are placed in foster care that has been approved by the department. The department shall promulgate rules prescribing the training that is required under this subsection and shall monitor compliance with this subsection according to those rules.

28,1062b Section 1062b. 48.67 (4) of the statutes, as created by this act, is amended to read:

48.67 (4) That all foster parents and treatment foster parents successfully complete training in the care and support needs of children who are placed in foster care or treatment foster care that has been approved by the department. The department shall promulgate rules prescribing the training that is required under this subsection and shall monitor compliance with this subsection according to those rules.