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, s. 1049 6Section 1049. 48.645 (2) (a) 3. of the statutes is amended to read:
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, s. 1050 17Section 1050. 48.645 (2) (a) 4. of the statutes is amended to read:
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, s. 1051 3Section 1051. 48.645 (2) (b) of the statutes is amended to read:
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, s. 1052 12Section 1052. 48.65 (3) (a) of the statutes is amended to read:
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, s. 1053d 24Section 1053d. 48.651 (1) (intro.) of the statutes is amended to read:
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, s. 1054d 18Section 1054d. 48.651 (1) (a) of the statutes is amended to read:
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, s. 1055d 23Section 1055d. 48.651 (2) of the statutes is created to read:
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, s. 1055m 9Section 1055m. 48.651 (2c) of the statutes is created to read:
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, s. 1056d 18Section 1056d. 48.651 (2m) of the statutes is amended to read:
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, s. 1056t 23Section 1056t. 48.657 (2m) of the statutes is created to read:
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, s. 1057 3Section 1057. 48.658 of the statutes is created to read:
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-SSA1,527,1515 CHAPTER 48
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, s. 1059 20Section 1059. 48.66 (1) (a) of the statutes is amended to read:
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, s. 1060 6Section 1060. 48.66 (1) (c) of the statutes is amended to read:
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, s. 1061 13Section 1061. 48.67 (intro.) of the statutes is amended to read:
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, s. 1062
1Section 1062. 48.67 (4) of the statutes is created to read:
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, s. 1063 8Section 1063. 48.675 (1) of the statutes is amended to read:
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, s. 1064 14Section 1064. 48.675 (2) of the statutes is amended to read:
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:
AB75-SSA1, s. 1066 6Section 1066. 48.675 (3) (a) of the statutes is amended to read:
AB75-SSA1,530,87 48.675 (3) (a) Care of residents of the foster home or treatment foster home
8during the time of participation in an education program.
AB75-SSA1, s. 1067 9Section 1067. 48.68 (1) of the statutes is amended to read:
AB75-SSA1,530,2510 48.68 (1) After receipt of an application for a license, the department shall
11investigate to determine if the applicant meets the minimum requirements for a
12license adopted by the department under s. 48.67 and meets the requirements
13specified in s. 48.685, if applicable. In determining whether to issue or continue a
14license, the department may consider any action by the applicant, or by an employee
15of the applicant, that constitutes a substantial failure by the applicant or employee
16to protect and promote the health, safety, and welfare of a child. Upon satisfactory
17completion of this investigation and payment of the fee required under s. 48.615 (1)
18(a) or (b), 48.625 (2) (a), 48.65 (3) (a), or 938.22 (7) (b), the department shall issue a
19license under s. 48.66 (1) (a) or, if applicable, a probationary license under s. 48.69
20or, if applicable, shall continue a license under s. 48.66 (5). At the time of initial
21licensure and license renewal, the department shall provide a foster home licensee
22with written information relating to the age-related monthly foster care rates and
23supplemental payments specified in s. 48.62 (4), including payment amounts,
24eligibility requirements for supplemental payments, and the procedures for applying
25for supplemental payments.
AB75-SSA1, s. 1068
1Section 1068. 48.685 (1) (b) of the statutes is amended to read:
AB75-SSA1,531,102 48.685 (1) (b) "Entity" means a child welfare agency that is licensed under s.
348.60 to provide care and maintenance for children, to place children for adoption,
4or to license foster homes or treatment foster homes; a foster home or treatment
5foster home
that is licensed under s. 48.62; a subsidized guardianship home under
6s. 48.62 (5);
a group home that is licensed under s. 48.625; a shelter care facility that
7is licensed under s. 938.22; a day care center that is licensed under s. 48.65 or
8established or contracted for under s. 120.13 (14); a day care provider that is certified
9under s. 48.651; or a temporary employment agency that provides caregivers to
10another entity.
AB75-SSA1, s. 1069 11Section 1069. 48.685 (2) (c) 1. of the statutes is amended to read:
AB75-SSA1,531,1912 48.685 (2) (c) 1. If the person who is the subject of the search under par. (am)
13is seeking an initial license to operate a foster home or treatment foster home or is
14seeking relicensure after a break in licensure, the department, county department,
15or child welfare agency shall request under 42 USC 16962 (b) a fingerprint-based
16check of the national crime information databases, as defined in 28 USC 534 (f) (3)
17(A). The department, county department, or child welfare agency may release any
18information obtained under this subdivision only as permitted under 42 USC 16962
19(e).
AB75-SSA1, s. 1070 20Section 1070. 48.685 (2) (c) 2. of the statutes is amended to read:
AB75-SSA1,532,621 48.685 (2) (c) 2. If the person who is the subject of the search under par. (am)
22is seeking a license to operate a foster home or treatment foster home or is an adult
23nonclient resident of the foster home or treatment foster home and if the person is
24not, or at any time within the 5 years preceding the date of the search has not been,
25a resident of this state, the department, county department, or child welfare agency

1shall check any child abuse or neglect registry maintained by any state or other U.S.
2jurisdiction in which the person is a resident or was a resident within those 5 years
3for information that is equivalent to the information specified in par. (am) 4. The
4department, county department, or child welfare agency may not use any
5information obtained under this subdivision for any purpose other than a search of
6the person's background under par. (am).
AB75-SSA1, s. 1071d 7Section 1071d. 48.685 (4m) (a) (intro.) of the statutes is amended to read:
AB75-SSA1,532,178 48.685 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
9par. (ad) and sub. (5), the department may not license, or continue or renew the
10license of, a person to operate an entity, the department in a county having a
11population of 500,000 or more,
a county department, or an agency contracted with
12under s. 48.651 (2)
may not certify a day care provider under s. 48.651, a county
13department or a child welfare agency may not license, or renew the license of, a foster
14home or treatment foster home under s. 48.62, and a school board may not contract
15with a person under s. 120.13 (14), if the department, county department, contracted
16agency,
child welfare agency, or school board knows or should have known any of the
17following:
AB75-SSA1, s. 1072d 18Section 1072d. 48.685 (4m) (a) (intro.) of the statutes, as affected by 2009
19Wisconsin Act .... (this act), is amended to read:
AB75-SSA1,533,520 48.685 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
21par. (ad) and sub. (5), the department may not license, or continue or renew the
22license of, a person to operate an entity, the department in a county having a
23population of 500,000 or more, a county department, or an agency contracted with
24under s. 48.651 (2) may not certify a day care provider under s. 48.651, a county
25department or a child welfare agency may not license, or renew the license of, a foster

1home or treatment foster home under s. 48.62, the department or a county
2department may not provide subsidized guardianship payments to a person under
3s. 48.62 (5),
and a school board may not contract with a person under s. 120.13 (14),
4if the department, county department, contracted agency, child welfare agency, or
5school board knows or should have known any of the following:
AB75-SSA1, s. 1073d 6Section 1073d. 48.685 (4m) (ad) of the statutes is amended to read:
AB75-SSA1,533,147 48.685 (4m) (ad) The department, a county department , or a child welfare
8agency may license a foster home or treatment foster home under s. 48.62, the
9department in a county having a population of 500,000 or more,
a county
10department, or an agency contracted with under s. 48.651 (2) may certify a day care
11provider under s. 48.651, and a school board may contract with a person under s.
12120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am)
13indicating that the person is not ineligible to be licensed, certified , or contracted with
14for a reason specified in par. (a) 1. to 5.
AB75-SSA1, s. 1074d 15Section 1074d. 48.685 (4m) (ad) of the statutes, as affected by 2009 Wisconsin
16Act .... (this act), is amended to read:
AB75-SSA1,533,2517 48.685 (4m) (ad) The department, a county department, or a child welfare
18agency may license a foster home or treatment foster home under s. 48.62, the
19department or a county department may provide subsidized guardianship payments
20to a person under s. 48.62 (5),
the department in a county having a population of
21500,000 or more, a county department, or an agency contracted with under s. 48.651
22(2) may certify a day care provider under s. 48.651, and a school board may contract
23with a person under s. 120.13 (14), conditioned on the receipt of the information
24specified in sub. (2) (am) indicating that the person is not ineligible to be licensed,
25certified, or contracted with for a reason specified in par. (a) 1. to 5.
AB75-SSA1, s. 1075d
1Section 1075d. 48.685 (5) (a) of the statutes is amended to read:
AB75-SSA1,534,162 48.685 (5) (a) Subject to par. (bm), the department may license to operate an
3entity, the department in a county having a population of 500,000 or more, a county
4department, or an agency contracted with under s. 48.651 (2) may certify under s.
548.651, a county department or a child welfare agency may license under s. 48.62,
6and a school board may contract with under s. 120.13 (14) a person who otherwise
7may not be licensed, certified, or contracted with for a reason specified in sub. (4m)
8(a) 1. to 5., and an entity may employ, contract with, or permit to reside at the entity
9a person who otherwise may not be employed, contracted with, or permitted to reside
10at the entity for a reason specified in sub. (4m) (b) 1. to 5., if the person demonstrates
11to the department, the county department, the contracted agency, the child welfare
12agency, or the school board or, in the case of an entity that is located within the
13boundaries of a reservation, to the person or body designated by the tribe under sub.
14(5d) (a) 3., by clear and convincing evidence and in accordance with procedures
15established by the department by rule or by the tribe that he or she has been
16rehabilitated.
AB75-SSA1, s. 1076 17Section 1076. 48.685 (5) (bm) (intro.) of the statutes is amended to read:
AB75-SSA1,534,2218 48.685 (5) (bm) (intro.) For purposes of licensing a foster home or treatment
19foster home
for the placement of a child on whose behalf foster care maintenance
20payments under s. 48.62 (4) will be provided, no person who has been convicted of
21any of the following offenses may be permitted to demonstrate that he or she has been
22rehabilitated:
AB75-SSA1, s. 1077d 23Section 1077d. 48.685 (5m) of the statutes is amended to read:
AB75-SSA1,535,1724 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license
25a person to operate an entity, a county department or a child welfare agency may

1refuse to license a foster home or treatment foster home under s. 48.62, and an entity
2may refuse to employ or contract with a caregiver or permit a nonclient resident to
3reside at the entity if the person has been convicted of an offense that is not a serious
4crime, but that is, in the estimation of the department, county department, child
5welfare agency, or entity, substantially related to the care of a client.
6Notwithstanding s. 111.335, the department may refuse to license a person to
7operate a day care center, the department in a county having a population of 500,000
8or more,
a county department, or an agency contracted with under s. 48.651 (2) may
9refuse to certify a day care provider under s. 48.651, a school board may refuse to
10contract with a person under s. 120.13 (14), and a day care center that is licensed
11under s. 48.65 or established or contracted for under s. 120.13 (14) and or a day care
12provider that is certified under s. 48.651 may refuse to employ or contract with a
13caregiver or permit a nonclient resident to reside at the day care center or day care
14provider if the person has been convicted of or adjudicated delinquent on or after his
15or her 12th birthday for an offense that is not a serious crime, but that is, in the
16estimation of the department, county department, contracted agency, school board,
17day care center, or day care provider, substantially related to the care of a client.
AB75-SSA1, s. 1078d 18Section 1078d. 48.685 (5m) of the statutes, as affected by 2009 Wisconsin Act
19.... (this act), is amended to read:
AB75-SSA1,536,1520 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license
21a person to operate an entity, a county department or a child welfare agency may
22refuse to license a foster home or treatment foster home under s. 48.62, the
23department or a county department may refuse to provide subsidized guardianship
24payments under s. 48.62 (5),
and an entity may refuse to employ or contract with a
25caregiver or permit a nonclient resident to reside at the entity if the person has been

1convicted of an offense that is not a serious crime, but that is, in the estimation of the
2department, county department, child welfare agency, or entity, substantially
3related to the care of a client. Notwithstanding s. 111.335, the department may
4refuse to license a person to operate a day care center, the department in a county
5having a population of 500,000 or more, a county department, or an agency
6contracted with under s. 48.651 (2) may refuse to certify a day care provider under
7s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14),
8and a day care center that is licensed under s. 48.65 or established or contracted for
9under s. 120.13 (14) or a day care provider that is certified under s. 48.651 may refuse
10to employ or contract with a caregiver or permit a nonclient resident to reside at the
11day care center or day care provider if the person has been convicted of or adjudicated
12delinquent on or after his or her 12th birthday for an offense that is not a serious
13crime, but that is, in the estimation of the department, county department,
14contracted agency, school board, day care center, or day care provider, substantially
15related to the care of a client.
AB75-SSA1, s. 1079d 16Section 1079d. 48.685 (6) (a) of the statutes is amended to read:
AB75-SSA1,537,217 48.685 (6) (a) The department shall require any person who applies for
18issuance, continuation, or renewal of a license to operate an entity, the department
19in a county having a population of 500,000 or more,
a county department, or an
20agency contracted with under s. 48.651 (2)
shall require any day care provider who
21applies for initial certification under s. 48.651 or for renewal of that certification, a
22county department or a child welfare agency shall require any person who applies
23for issuance or renewal of a license to operate a foster home or treatment foster home
24under s. 48.62, and a school board shall require any person who proposes to contract
25with the school board under s. 120.13 (14) or to renew a contract under that

1subsection, to complete a background information form that is provided by the
2department.
AB75-SSA1, s. 1080d 3Section 1080d. 48.685 (6) (a) of the statutes, as affected by 2009 Wisconsin Act
4.... (this act), is amended to read:
AB75-SSA1,537,165 48.685 (6) (a) The department shall require any person who applies for
6issuance, continuation, or renewal of a license to operate an entity, the department
7in a county having a population of 500,000 or more, a county department, or an
8agency contracted with under s. 48.651 (2) shall require any day care provider who
9applies for initial certification under s. 48.651 or for renewal of that certification, a
10county department or a child welfare agency shall require any person who applies
11for issuance or renewal of a license to operate a foster home or treatment foster home
12under s. 48.62, the department or a county department shall require any person who
13applies for subsidized guardianship payments under s. 48.62 (5),
and a school board
14shall require any person who proposes to contract with the school board under s.
15120.13 (14) or to renew a contract under that subsection, to complete a background
16information form that is provided by the department.
AB75-SSA1, s. 1081 17Section 1081. 48.70 (2) of the statutes is amended to read:
AB75-SSA1,537,2218 48.70 (2) Special provisions for child welfare agency licenses. A license to
19a child welfare agency shall also specify the kind of child welfare work the agency is
20authorized to undertake, whether the agency may accept guardianship of children,
21whether the agency may place children in foster homes or treatment foster homes,
22and if so, the area the agency is equipped to serve.
AB75-SSA1, s. 1082 23Section 1082. 48.73 of the statutes is amended to read:
AB75-SSA1,538,2 2448.73 Inspection of licensees. The department may visit and inspect each
25child welfare agency, foster home, treatment foster home, group home, and day care

1center licensed by it the department, and for such that purpose shall be given
2unrestricted access to the premises described in the license.
AB75-SSA1, s. 1083 3Section 1083. 48.75 (title) of the statutes is amended to read:
AB75-SSA1,538,5 448.75 (title) Foster homes and treatment foster homes licensed by
5public licensing agencies and by child welfare agencies.
AB75-SSA1, s. 1084 6Section 1084. 48.75 (1d) of the statutes is amended to read:
AB75-SSA1,538,177 48.75 (1d) Child welfare agencies, if licensed to do so by the department, and
8public licensing agencies may license foster homes and treatment foster homes
9under the rules promulgated by the department under s. 48.67 governing the
10licensing of foster homes and treatment foster homes. A foster home or treatment
11foster home
license shall be issued for a term not to exceed 2 years from the date of
12issuance, is not transferable, and may be revoked by the child welfare agency or by
13the public licensing agency because the licensee has substantially and intentionally
14violated any provision of this chapter or of the rules of the department promulgated
15pursuant to under s. 48.67 or because the licensee fails to meet the minimum
16requirements for a license. The licensee shall be given written notice of any
17revocation and the grounds therefor for the revocation.
AB75-SSA1, s. 1085 18Section 1085. 48.75 (1r) of the statutes is amended to read:
AB75-SSA1,538,2419 48.75 (1r) At the time of initial licensure and license renewal, the child welfare
20agency or public licensing agency issuing a license under sub. (1d) or (1g) shall
21provide the licensee with written information relating to the age-related monthly
22foster care rates and supplemental payments specified in s. 48.62 (4), including
23payment amounts, eligibility requirements for supplemental payments , and the
24procedures for applying for supplemental payments.
AB75-SSA1, s. 1086 25Section 1086. 48.75 (2) of the statutes is amended to read:
AB75-SSA1,539,3
148.75 (2) Any foster home or treatment foster home applicant or licensee of a
2public licensing agency or a child welfare agency may, if aggrieved by the failure to
3issue or renew its license or by revocation of its license, appeal as provided in s. 48.72.
AB75-SSA1, s. 1086f 4Section 1086f. 48.78 (2) (i) of the statutes is created to read:
AB75-SSA1,539,105 48.78 (2) (i) Paragraph (a) does not prohibit an agency from disclosing
6information to a relative of a child placed outside of his or her home only to the extent
7necessary to facilitate the establishment of a relationship between the child and the
8relative or a placement of the child with the relative. In this paragraph, "relative"
9includes a relative whose relationship is derived through a parent of the child whose
10parental rights are terminated.
AB75-SSA1, s. 1087 11Section 1087. 48.833 (1) of the statutes is amended to read:
AB75-SSA1,539,2512 48.833 (1) Placement by department or county department. The department
13or a county department under s. 48.57 (1) (e) or (hm) may place a child for adoption
14in a licensed foster home or a licensed treatment foster home without a court order
15under s. 48.63 (3) (b) or if the department or county department is the guardian of
16the child or makes the placement at the request of another agency that is the
17guardian of the child and if the proposed adoptive parents have completed the
18preadoption preparation required under s. 48.84 (1) or the department or county
19department determines that the proposed adoptive parents are not required to
20complete that preparation. When a child is placed under this subsection in a licensed
21foster home or a licensed treatment foster home for adoption, the department or
22county department making the placement shall enter into a written agreement with
23the proposed adoptive parent, which shall state the date on which the child is placed
24in the licensed foster home or licensed treatment foster home for adoption by the
25proposed adoptive parent.
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