AB75-SSA1,514,219
48.627
(2c) The department shall determine the cost-effectiveness of
20purchasing private insurance that would provide coverage to foster
, treatment foster, 21and family-operated group home parents for acts or omissions by or affecting a child
22who is placed in a foster home
, a treatment foster home, or a family-operated group
23home. If this private insurance is cost-effective and available, the department shall
24purchase the insurance from the appropriations under s. 20.437 (1) (cf) and (pd). If
25the insurance is unavailable, payment of claims for acts or omissions by or affecting
1a child who is placed in a foster home
, a treatment foster home, or a family-operated
2group home shall be in accordance with subs. (2m) to (3).
AB75-SSA1,514,104
48.627
(2m) Within the limits of the appropriations under s. 20.437 (1) (cf) and
5(pd), the department shall pay claims to the extent not covered by any other
6insurance and subject to the limitations specified in sub. (3), for bodily injury or
7property damage sustained by a licensed foster
, treatment foster, or family-operated
8group home parent or a member of the foster
, treatment foster, or family-operated
9group home parent's family as a result of the act of a child in the foster
, treatment
10foster, or family-operated group home parent's care.
AB75-SSA1,514,1612
48.627
(2s) (a) Acts or omissions of the foster
, treatment foster or
13family-operated group home parent that result in bodily injury to the child who is
14placed in the foster home
, treatment foster home or family-operated group home or
15that form the basis for a civil action for damages by the foster child's parent against
16the foster
, treatment foster or family-operated group home parent.
AB75-SSA1,514,2118
48.627
(2s) (b) Bodily injury or property damage caused by an act or omission
19of a child who is placed in the foster
, treatment foster or family-operated group home
20parent's care for which the foster
, treatment foster or family-operated group home
21parent becomes legally liable.
AB75-SSA1,515,323
48.627
(3) (b) A claim under sub. (2m) shall be submitted to the department
24within 90 days after the bodily injury or property damage occurs. A claim under sub.
25(2s) shall be submitted within 90 days after a foster
, treatment foster or
1family-operated group home parent learns that a legal action has been commenced
2against that parent. No claim may be paid under this subsection unless it is
3submitted within the time limits specified in this paragraph.
AB75-SSA1,515,105
48.627
(3) (d) No claim may be approved in an amount exceeding the total
6amount available for paying claims under this subsection in the fiscal year during
7which the claim is submitted. No claim for property damage sustained by a foster
,
8treatment foster or family-operated group home parent or a member of a foster
,
9treatment foster or family-operated group home parent's family may be approved in
10an amount exceeding $250,000.
AB75-SSA1,515,1812
48.627
(3) (e) The department may not approve a claim unless the foster
,
13treatment foster or family-operated group home parent submits with the claim
14evidence that is satisfactory to the department of the cause and value of the claim
15and evidence that insurance coverage is unavailable or inadequate to cover the
16claim. If insurance is available but inadequate, the department may approve a claim
17only for the amount of the value of the claim that it determines is in excess of the
18amount covered by insurance.
AB75-SSA1,516,520
48.627
(3) (f) If the total amount of the claims approved during any calendar
21quarter exceeds 25% of the total funds available during the fiscal year for purposes
22of this subsection plus any unencumbered funds remaining from the previous
23quarter, the department shall prorate the available funds among the claimants with
24approved claims. The department shall also prorate any unencumbered funds
25remaining in the appropriation under s. 20.437 (1) (cf) at the end of each fiscal year
1among the claimants whose claims were prorated during the fiscal year. Payment
2of a prorated amount from unencumbered funds remaining at the end of the fiscal
3year constitutes a complete payment of the claim for purposes of this program, but
4does not prohibit a foster parent or
treatment foster parent family-operated group
5home parent from submitting a claim under s. 16.007 for the unpaid portion.
AB75-SSA1,516,137
48.627
(3) (h) If a claim by a foster
, treatment foster or family-operated group
8home parent or a member of the foster
, treatment foster or family-operated group
9home parent's family is approved, the department shall deduct from the amount
10approved $100 less any amount deducted by an insurance company from a payment
11for the same claim, except that a foster
, treatment foster or family-operated group
12home parent and his or her family are subject to only one deductible for all claims
13filed in a fiscal year.
AB75-SSA1,516,2015
48.627
(4) Except as provided in s. 895.485, the department is not liable for any
16act or omission by or affecting a child who is placed in a foster home
, treatment foster
17home, or family-operated group home, but shall, as provided in this section, pay
18claims described under sub. (2m) and may pay claims described under sub. (2s) or
19may purchase insurance to cover such claims as provided for under sub. (2c), within
20the limits of the appropriations under s. 20.437 (1) (cf) and (pd).
AB75-SSA1,517,222
48.627
(5) The attorney general may represent a foster
, treatment foster or
23family-operated group home parent in any civil action arising out of an act or
24omission of the foster
, treatment foster or family-operated group home parent while
1acting in his or her capacity as a foster
, treatment foster or family-operated group
2home parent.
AB75-SSA1,518,24
48.63
(1) Acting under court order or voluntary agreement, the child's parent
5or guardian or the department, the department of corrections, a county department,
6or a child welfare agency licensed to place children in foster homes
, treatment foster
7homes, or group homes may place a child or negotiate or act as intermediary for the
8placement of a child in a foster home
, treatment foster home, or group home.
9Voluntary agreements under this subsection may not be used for placements in
10facilities other than foster
, treatment foster, homes or group homes and may not be
11extended. A foster home
or treatment foster home placement under a voluntary
12agreement may not exceed 180 days from the date on which the child was removed
13from the home under the voluntary agreement. A group home placement under a
14voluntary agreement may not exceed 15 days from the date on which the child was
15removed from the home under the voluntary agreement, except as provided in sub.
16(5). These time periods do not apply to placements made under s. 48.345, 938.183,
17938.34, or 938.345. Voluntary agreements may be made only under this subsection
18and sub. (5) (b) and shall be in writing and shall specifically state that the agreement
19may be terminated at any time by the parent or guardian or by the child if the child's
20consent to the agreement is required. The child's consent to the agreement is
21required whenever the child is 12 years of age or older. If a county department, the
22department, or the department of corrections places a child or negotiates or acts as
23intermediary for the placement of a child under this subsection, the voluntary
24agreement shall also specifically state that the county department, department, or
25department of corrections has placement and care responsibility for the child as
1required under
42 USC 672 (a) (2) and has primary responsibility for providing
2services to the child.
AB75-SSA1,518,74
48.63
(3) (b) 2. The department, a county department under s. 48.57 (1) (e) or
5(hm), or a child welfare agency licensed under s. 48.60 may place a child under subd.
61. in the home of a proposed adoptive parent or parents who reside in this state if that
7home is licensed as a foster home
or treatment foster home under s. 48.62.
AB75-SSA1,518,199
48.63
(4) A permanency plan under s. 48.38 is required for each child placed
10in a foster home
or treatment foster home under sub. (1). If the child is living in a
11foster home
or treatment foster home under a voluntary agreement, the agency that
12negotiated or acted as intermediary for the placement shall prepare the permanency
13plan within 60 days after the date on which the child was removed from his or her
14home under the voluntary agreement. A copy of each plan shall be provided to the
15child if he or she is 12 years of age or over and to the child's parent or guardian. If
16the agency that arranged the voluntary placement intends to seek a court order to
17place the child outside of his or her home at the expiration of the voluntary
18placement, the agency shall prepare a revised permanency plan and file that revised
19plan with the court prior to the date of the hearing on the proposed placement.
AB75-SSA1,518,22
2148.64 (title)
Placement of children in foster homes, treatment foster
22homes and group homes.
AB75-SSA1,519,224
48.64
(1) Definition. In this section, "agency" means the department, the
25department of corrections, a county department, or a licensed child welfare agency
1authorized to place children in foster homes
, treatment foster homes, or group
2homes.
AB75-SSA1,519,224
48.64
(1m) Foster home, treatment foster home and group home agreements. 5If an agency places a child in a foster home
, treatment foster home or group home
6under a court order or voluntary agreement under s. 48.63, the agency shall enter
7into a written agreement with the head of the home. The agreement shall provide
8that the agency shall have access at all times to the child and the home, and that the
9child will be released to the agency whenever, in the opinion of the agency placing
10the child or the department, the best interests of the child require
it release to the
11agency. If a child has been in a foster home
, treatment foster home or group home
12for 6 months or more, the agency shall give the head of the home written notice of
13intent to remove the child, stating the reasons for the removal. The child may not
14be removed before completion of the hearing under sub. (4) (a) or (c), if requested, or
1530 days after the receipt of the notice, whichever is later, unless the safety of the child
16requires it or, in a case in which the reason for removal is to place the child for
17adoption under s. 48.833, unless all of the persons who have the right to request a
18hearing under sub. (4) (a) or (c) sign written waivers of objection to the proposed
19removal. If the safety of the child requires earlier removal, s. 48.19 shall apply. If
20an agency removes a child from an adoptive placement, the head of the home shall
21have no claim against the placing agency for the expense of care, clothing
, or medical
22treatment.
AB75-SSA1,520,324
48.64
(1r) Notification of school district. When an agency places a
25school-age child in a foster home
, a treatment foster home or a group home, the
1agency shall notify the clerk of the school district in which the foster home
, treatment
2foster home or group home is located that a school-age child has been placed in a
3foster home
, treatment foster home or group home in the school district.
AB75-SSA1,520,75
48.64
(2) Supervision of foster home
, treatment foster home and group home
6placements. Every child in a foster home
, treatment foster home or group home shall
7be under the supervision of an agency.
AB75-SSA1,521,159
48.64
(4) (a) Any decision or order issued by an agency that affects the head of
10a foster
, treatment foster or group home or the children involved may be appealed to
11the department under fair hearing procedures established under department rules.
12The department shall, upon receipt of an appeal, give the head of the home
13reasonable notice and opportunity for a fair hearing. The department may make
14such any additional investigation
as that the department considers necessary. The
15department shall give notice of the hearing to the head of the home and to the
16departmental subunit, county department
, or child welfare agency that issued the
17decision or order. Each person receiving notice is entitled to be represented at the
18hearing. At all hearings conducted under this subsection, the head of the home, or
19a representative of the head of the home, shall have an adequate opportunity,
20notwithstanding s. 48.78 (2) (a), to examine all documents and records to be used at
21the hearing at a reasonable time before the date of the hearing as well as during the
22hearing, to bring witnesses, to establish all pertinent facts and circumstances, and
23to question or refute any testimony or evidence, including opportunity to confront
24and cross-examine adverse witnesses. The department shall grant a continuance
25for a reasonable period of time when an issue is raised for the first time during a
1hearing. This requirement may be waived with the consent of the parties. The
2decision of the department shall be based exclusively on evidence introduced at the
3hearing. A transcript of testimony and exhibits, or an official report containing the
4substance of what transpired at the hearing, together with all papers and requests
5filed in the proceeding, and the findings of the hearing examiner shall constitute the
6exclusive record for decision by the department. The department shall make the
7record available at any reasonable time and at an accessible place to the head of the
8home or his or her representative. Decisions by the department shall specify the
9reasons for the decision and identify the supporting evidence. No person
10participating in an agency action being appealed may participate in the final
11administrative decision on that action. The department shall render its decision as
12soon as possible after the hearing and shall send a certified copy of its decision to the
13head of the home and to the departmental subunit, county department
, or child
14welfare agency that issued the decision or order. The decision shall be binding on all
15parties concerned.
AB75-SSA1,522,217
48.64
(4) (c) The circuit court for the county where the dispositional order
18placing a child in a foster home
, treatment foster home, or group home was entered
19or the voluntary agreement under s. 48.63 so placing a child was made has
20jurisdiction upon petition of any interested party over a child who is placed in a foster
21home
, treatment foster home, or group home. The circuit court may call a hearing,
22at which the head of the home and the supervising agency under sub. (2) shall be
23present, for the purpose of reviewing any decision or order of that agency involving
24the placement and care of the child. If the child has been placed in a foster home, the
25foster parent may present relevant evidence at the hearing. The petitioner has the
1burden of proving by clear and convincing evidence that the decision or order issued
2by the agency is not in the best interests of the child.
AB75-SSA1,522,144
48.645
(1) (a) The child is living in a foster home
or treatment foster home 5licensed under s. 48.62 if a license is required under that section, in a foster home
6or treatment foster home located within the boundaries of a federally recognized
7American Indian reservation in this state and licensed by the tribal governing body
8of the reservation, in a group home licensed under s. 48.625, in a subsidized
9guardianship home under s. 48.62 (5), or in a residential care center for children and
10youth licensed under s. 48.60, and has been placed in the foster home,
treatment
11foster home, group home, subsidized guardianship home, or center by a county
12department under s. 46.215, 46.22, or 46.23, by the department, or by a federally
13recognized American Indian tribal governing body in this state under an agreement
14with a county department under s. 46.215, 46.22, or 46.23.
AB75-SSA1,523,516
48.645
(2) (a) 1. A nonrelative who cares for the dependent child in a foster
17home
or treatment foster home having a license under s. 48.62, in a foster home
or
18treatment foster home located within the boundaries of a federally recognized
19American Indian reservation in this state and licensed by the tribal governing body
20of the reservation
, or in a group home licensed under s. 48.625
,; a subsidized
21guardian or interim caretaker under s. 48.62 (5) who cares for the dependent child
,; 22or a minor custodial parent who cares for the dependent child
,; regardless of the
23cause or prospective period of dependency. The state shall reimburse counties
24pursuant to the procedure under s. 48.569 (2) and the percentage rate of
25participation set forth in s. 48.569 (1) (d) for aid granted under this section except
1that if the child does not have legal settlement in the granting county, state
2reimbursement shall be at 100%. The county department under s. 46.215, 46.22, or
346.23 or the department under s. 48.48 (17) shall determine the legal settlement of
4the child. A child under one year of age shall be eligible for aid under this subsection
5irrespective of any other residence requirement for eligibility within this section.
AB75-SSA1,523,167
48.645
(2) (a) 3. A county or, in a county having a population of 500,000 or more,
8the department, when the child is placed in a licensed foster home,
treatment foster
9home, group home, or residential care center for children and youth or in a subsidized
10guardianship home by a licensed child welfare agency or by a federally recognized
11American Indian tribal governing body in this state or by its designee, if the child is
12in the legal custody of the county department under s. 46.215, 46.22, or 46.23 or the
13department under s. 48.48 (17) or if the child was removed from the home of a relative
14as a result of a judicial determination that continuance in the home of the relative
15would be contrary to the child's welfare for any reason and the placement is made
16under an agreement with the county department or the department.
AB75-SSA1,524,218
48.645
(2) (a) 4. A licensed foster home,
treatment foster home, group home,
19or residential care center for children and youth or a subsidized guardianship home
20when the child is in the custody or guardianship of the state, when the child is a ward
21of an American Indian tribal court in this state and the placement is made under an
22agreement between the department and the tribal governing body, or when the child
23was part of the state's direct service case load and was removed from the home of a
24relative as a result of a judicial determination that continuance in the home of a
1relative would be contrary to the child's welfare for any reason and the child is placed
2by the department.
AB75-SSA1,524,114
48.645
(2) (b) Notwithstanding par. (a), aid under this section may not be
5granted for placement of a child in a foster home
or treatment foster home licensed
6by a federally recognized American Indian tribal governing body, for placement of a
7child in a foster home,
treatment foster home, group home, subsidized guardianship
8home, or residential care center for children and youth by a tribal governing body or
9its designee, or for the placement of a child who is a ward of a tribal court if the tribal
10governing body is receiving or is eligible to receive funds from the federal government
11for that type of placement.
AB75-SSA1,524,2313
48.65
(3) (a) Before the department may issue a license under sub. (1) to a day
14care center that provides care and supervision for 4 to 8 children, the day care center
15must pay to the department a biennial fee of $60.50. Before the department may
16issue a license under sub. (1) to a day care center that provides care and supervision
17for 9 or more children, the day care center must pay to the department a biennial fee
18of $30.25, plus a biennial fee of
$10.33 $16.94 per child, based on the number of
19children that the day care center is licensed to serve. A day care center that wishes
20to continue a license issued under sub. (1) shall pay the applicable fee under this
21paragraph by the continuation date of the license. A new day care center shall pay
22the applicable fee under this paragraph no later than 30 days before the opening of
23the day care center.
AB75-SSA1,525,17
148.651
(1) (intro.)
Each county department shall certify No person, other than
2a day care center licensed under s. 48.65 or established or contracted for under s.
3120.13 (14), may receive reimbursement for providing child care services for an
4individual who is determined eligible for a child care subsidy under s. 49.155 unless
5the person is certified, according to the standards adopted by the department under
6s. 49.155 (1d),
each day care provider reimbursed for child care services provided to
7families determined eligible under s. 49.155, unless the provider is a day care center
8licensed under s. 48.65 or is established or contracted for under s. 120.13 (14). Each
9county may charge a fee to cover the costs of certification by the department in a
10county having a population of 500,000 or more, a county department, or an agency
11with which the department contracts under sub. (2). To be certified under this
12section, a person must meet the minimum requirements for certification established
13by the department under s. 49.155 (1d), meet the requirements specified in s. 48.685
, 14and pay the fee specified in
this section. The county
sub. (2). The department in a
15county having a population of 500,000 or more, a county department, or an agency
16contracted with under sub. (2) shall certify the following categories of day care
17providers:
AB75-SSA1,525,2219
48.651
(1) (a) Level I certified family day care providers, as established by the
20department under s. 49.155 (1d). No
county may certify a provider
may be certified 21under this paragraph if the provider is a relative of all of the children for whom he
22or she provides care.
AB75-SSA1,526,824
48.651
(2) The department in a county having a population of 500,000 or more
25or a county department shall certify day care providers under sub. (1) or the
1department may contract with a Wisconsin Works agency, as defined in s. 49.001 (9),
2child care resource and referral agency, or other agency to certify day care providers
3under sub. (1) in a particular geographic area or for a particular Indian tribal unit.
4The department in a county having a population of 500,000 or more or a county
5department that certifies day care providers under sub. (1) may charge a fee to cover
6the costs of certifying those providers. An agency contracted with under this
7subsection may charge a fee specified by the department to supplement the amount
8provided by the department under the contract for certifying day care providers.
AB75-SSA1,526,1110
48.651
(2c) From the allocation under s. 49.175 (1) (p), the department shall
11do all of the following:
AB75-SSA1,526,1312
(a) Reimburse a county having a population of 500,000 or more for all approved,
13allowable certification costs, as provided in s. 49.826 (2) (c).
AB75-SSA1,526,1714
(b) For contracts with agencies entered into under sub. (2), allocate available
15funds, as determined by the department, in proportion to the number of certified
16providers, applications for certification, previously experienced certification costs,
17estimated certification costs, or such other measures as the department determines.
AB75-SSA1,526,2219
48.651
(2m) Each The department in a county having a population of 500,000
20or more, a county department
, or an agency contracted with under sub. (2) shall
21provide the department of health services with information about each person who
22is denied certification for a reason specified in s. 48.685 (4m) (a) 1. to 5.
AB75-SSA1,527,224
48.657
(2m) The department shall make available on the department's
25Internet site, as part of the department's licensed day care center search database,
1a specific description of any violation described in sub. (1) and a description of any
2steps taken by the day care center to correct the violation.
AB75-SSA1,527,12
448.658 Child care quality rating system. The department shall provide a
5child care quality rating system that rates the quality of the child care provided by
6a child care provider licensed under s. 48.65 that receives reimbursement under s.
749.155 for the child care provided or that volunteers for rating under this section.
8The department shall make the rating information provided under that system
9available to the parents, guardians, and legal custodians of children who are
10recipients, or prospective recipients, of care and supervision from a child care
11provider that is rated under this section, including making that information
12available on the department's Internet site.
AB75-SSA1, s. 1058
13Section
1058. Subchapter XVI (title) of chapter 48 [precedes 48.66] of the
14statutes is amended to read:
AB75-SSA1,527,1616
SUBCHAPTER XVI
AB75-SSA1,527,1917
LICENSING PROCEDURES AND REQUIREMENTS FOR CHILD WELFARE
18AGENCIES, FOSTER HOMES,
TREATMENT FOSTER HOMES, GROUP
19HOMES, DAY CARE CENTERS
, AND COUNTY DEPARTMENTS
AB75-SSA1,528,521
48.66
(1) (a) Except as provided in s. 48.715 (6) and (7), the department shall
22license and supervise child welfare agencies, as required by s. 48.60, group homes,
23as required by s. 48.625, shelter care facilities, as required by s. 938.22, and day care
24centers, as required by s. 48.65. The department may license foster homes
or
25treatment foster homes, as provided by s. 48.62, and may license and supervise
1county departments in accordance with the procedures specified in this section and
2in ss. 48.67 to 48.74. In the discharge of this duty the department may inspect the
3records and visit the premises of all child welfare agencies, group homes, shelter care
4facilities, and day care centers and visit the premises of all foster homes
and
5treatment foster homes in which children are placed.
AB75-SSA1,528,127
48.66
(1) (c) A license issued under par. (a) or (b), other than a license to operate
8a foster home
, treatment foster home, or secured residential care center for children
9and youth, is valid until revoked or suspended. A license issued under this
10subsection to operate a foster home
, treatment foster home, or secured residential
11care center for children and youth may be for any term not to exceed 2 years from the
12date of issuance. No license issued under par. (a) or (b) is transferable.
AB75-SSA1,528,25
1448.67 Rules governing child welfare agencies, day care centers, foster
15homes, treatment foster homes, group homes, shelter care facilities, and
16county departments. (intro.) The department shall promulgate rules establishing
17minimum requirements for the issuance of licenses to, and establishing standards
18for the operation of, child welfare agencies, day care centers, foster homes,
treatment
19foster homes, group homes, shelter care facilities, and county departments. Those
20rules shall be designed to protect and promote the health, safety, and welfare of the
21children in the care of all licensees. The department shall consult with the
22department of commerce, the department of public instruction, and the child abuse
23and neglect prevention board before promulgating those rules.
For foster homes,
24those rules shall include the rules promulgated under s. 48.62 (8). Those rules shall
25include rules that require all of the following:
AB75-SSA1,529,72
48.67
(4) That all foster parents and treatment foster parents successfully
3complete training in the care and support needs of children who are placed in foster
4care or treatment foster care that has been approved by the department. The
5department shall promulgate rules prescribing the training that is required under
6this subsection and shall monitor compliance with this subsection according to those
7rules.
AB75-SSA1,529,139
48.675
(1) Development of program. The department shall develop a foster
10care education program to provide specialized training for persons operating family
11foster homes
or treatment foster homes. Participation in the program shall be
12voluntary and shall be limited to persons operating foster homes
or treatment foster
13homes licensed under s. 48.62 and caring for children with special treatment needs.
AB75-SSA1,529,2415
48.675
(2) Approval of programs. The department shall promulgate rules for
16approval of programs to meet the requirements of this section.
Such Those programs
17may include
, but need not be limited to: in-service training; workshops and
18seminars developed by the department or by county departments; seminars and
19courses offered through public or private education agencies; and workshops,
20seminars
, and courses pertaining to behavioral and developmental disabilities and
21to the development of mutual support services for foster parents
and treatment
22foster parents. The department may approve programs under this subsection only
23after consideration of relevant factors including level of education, useful or
24necessary skills, location
, and other criteria as determined by the department.
AB75-SSA1, s. 1065
25Section
1065. 48.675 (3) (intro.) of the statutes is amended to read:
AB75-SSA1,530,5
148.675
(3) Support services. (intro.) The department shall provide funds from
2the appropriation under s. 20.437 (1) (a) to enable foster parents
and treatment foster
3parents to attend education programs approved under sub. (2) and shall promulgate
4rules concerning disbursement of the funds. Moneys disbursed under this
5subsection may be used for the following purposes: