48.42 (2g) (b) Failure to give notice under par. (a) to a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) does not deprive the court of jurisdiction in the proceeding. If a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) is not given notice of a hearing under par. (a), that person may request a rehearing on the matter at any time prior to the entry of an order under s. 48.427 (2) or (3). If the request is made, the court shall order a rehearing.
SECTION 72. 48.427 (1m) of the statutes is amended to read:
48.427 (1m) In addition to any evidence presented under sub. (1), the court shall give the foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child an opportunity to be heard at the dispositional hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the dispositional hearing, or to submit a written statement prior to disposition, relevant to the issue of disposition. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under s. 48.42 (2g) (a) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
SECTION 73. 48.427 (3m) (a) 5. of the statutes is amended to read:
48.427 (3m) (a) 5. A relative with whom the child resides, if the relative has filed a petition to adopt the child or if the relative is a kinship care relative receiving payments under s. 48.62 (4) for providing care and maintenance for the child.
SECTION 74. 48.427 (3m) (am) of the statutes is amended to read:
48.427 (3m) (am) Transfer guardianship and custody of the child to a county department authorized to accept guardianship under s. 48.57 (1) (hm) for placement of the child for adoption by the child's foster parent or treatment foster parent, if the county department has agreed to accept guardianship and custody of the child and the foster parent or treatment foster parent has agreed to adopt the child.
SECTION 75. 48.428 (2) (a) of the statutes is amended to read:
48.428 (2) (a) Except as provided in par. (b), when a court places a child in sustaining care after an order under s. 48.427 (4), the court shall transfer legal custody of the child to the county department, the department, in a county having a population of 500,000 or more, or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. or (am), and place the child in the home of a licensed foster parent, licensed treatment foster parent, or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a the placement, this licensed foster parent, licensed treatment foster parent, or kinship care relative shall be a sustaining parent with the powers and duties specified in sub. (3).
SECTION 76. 48.428 (2) (b) of the statutes is amended to read:
48.428 (2) (b) When a court places a child in sustaining care after an order under s. 48.427 (4) with a person who has been appointed as the guardian of the child under s. 48.977 (2), the court may transfer legal custody of the child to the county department, the department, in a county having a population of 500,000 or more, or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. or (am) and place the child in the home of a licensed foster parent, licensed treatment foster parent, or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a the placement, that licensed foster parent, licensed treatment foster parent, or kinship care relative shall be a sustaining parent with the powers and duties specified in sub. (3). If the court transfers guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. or (am), the court shall terminate the guardianship under s. 48.977.
SECTION 77. 48.428 (4) of the statutes is amended to read:
48.428 (4) Before a licensed foster parent, licensed treatment foster parent or kinship care relative may be appointed as a sustaining parent, the foster parent, treatment foster parent or kinship care relative shall execute a contract with the agency responsible for providing services to the child, in which the foster parent, treatment foster parent or kinship care relative agrees to provide care for the child until the child's 18th birthday unless the placement order is changed by the court because the court finds that the sustaining parents are no longer able or willing to provide the sustaining care or the court finds that the behavior of the sustaining parents toward the child would constitute grounds for the termination of parental rights if the sustaining parent was the birth parent of the child.
SECTION 78. 48.43 (5) (b) of the statutes is amended to read:
48.43 (5) (b) The court shall hold a hearing to review the permanency plan within 30 days after receiving a report under par. (a). At least 10 days before the date of the hearing, the court shall provide notice of the time, date, and purpose of the hearing to the agency that prepared the report, the child's guardian, the child, if he or she is 12 years of age or over, and the child's foster parent, treatment foster parent, other physical custodian described in s. 48.62 (2), or the operator of the facility in which the child is living.
SECTION 79. 48.43 (5m) of the statutes is amended to read:
48.43 (5m) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the child, if he or she is 12 years of age or over, and to the child's foster parent, the child's treatment foster parent or the operator of the facility in which the child is living.
SECTION 80. 48.48 (9) of the statutes is amended to read:
48.48 (9) To license foster homes or treatment foster homes as provided in s. 48.66 (1) (a) for its own use or for the use of licensed child welfare agencies or, if requested to do so, for the use of county departments.
SECTION 81. 48.48 (17) (a) 3. of the statutes is amended to read:
48.48 (17) (a) 3. Provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing the children in licensed foster homes, treatment foster homes, or group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing the children in the homes of guardians under s. 48.977 (2), or contracting for services for those children by licensed child welfare agencies, except that the department may not purchase the educational component of private day treatment programs unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.
SECTION 82. 48.48 (17) (a) 8. of the statutes is amended to read:
48.48 (17) (a) 8. License foster homes or treatment foster homes in accordance with s. 48.75.
SECTION 83. 48.48 (17) (a) 10. of the statutes is repealed.
SECTION 84. 48.48 (17) (c) 4. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
48.48 (17) (c) 4. Is living in a foster home, treatment foster home, group home, residential care center for children and youth.
****NOTE: This is reconciled s. 48.48 (17) (c) 4. This SECTION has been affected by drafts with the following LRB numbers: LRB-0292/1 and LRB-0884/2.
SECTION 85. 48.481 (1) (a) of the statutes is amended to read:
48.481 (1) (a) The department shall distribute $497,200 in each fiscal year to counties for the purpose of supplementing payments for the care of an individual who attains age 18 after 1986 and who resided in a foster home or a treatment foster home licensed under s. 48.62 for at least 2 years immediately prior to attaining age 18 and, for at least 2 years, received exceptional foster care or treatment foster care payments for exceptional circumstances in order to avoid institutionalization, as provided under rules promulgated by the department, so that the individual may live in a family home or other noninstitutional situation after attaining age 18. No county may use funds provided under this paragraph to replace funds previously used by the county for this purpose.
SECTION 86. 48.52 (1) (a) of the statutes is amended to read:
48.52 (1) (a) Receiving homes to be used for the temporary care of children;.
SECTION 87. 48.52 (1) (b) of the statutes is amended to read:
48.52 (1) (b) Foster homes or treatment foster homes;.
SECTION 88. 48.52 (1) (c) of the statutes is amended to read:
48.52 (1) (c) Group homes; and.
SECTION 89. 48.569 (1) (d) of the statutes is amended to read:
48.569 (1) (d) From the appropriations under s. 20.437 (1) (b) and (o), the department shall distribute the funding for children and family services, including funding for foster care, treatment foster care, or subsidized guardianship care of a child on whose behalf aid is received under s. 48.645 to county departments as provided under s. 48.563. County matching funds are required for the distribution under s. 48.563 (2). Each county's required match for the distribution under s. 48.563 (2) shall be specified in a schedule established annually by the department. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the county that meet the requirements specified in sub. (1m). Private donations may not exceed 25 percent of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.
SECTION 90. 48.57 (1) (c) of the statutes is amended to read:
48.57 (1) (c) To provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing those children in licensed foster homes, treatment foster homes, or group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing those children in the homes of guardians under s. 48.977 (2), or contracting for services for those children by licensed child welfare agencies, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.
SECTION 91. 48.57 (1) (hm) of the statutes is amended to read:
48.57 (1) (hm) If a county department in a county with a population of less than 500,000, to accept guardianship, when appointed by the court, of a child whom the county department has placed in a foster home or treatment foster home under a court order or voluntary agreement under s. 48.63 and to place that child under its guardianship for adoption by the foster parent or treatment foster parent.
SECTION 92. 48.57 (1) (i) of the statutes is amended to read:
48.57 (1) (i) To license foster homes or treatment foster homes in accordance with s. 48.75.
SECTION 93. 48.57 (3) (a) 4. of the statutes is amended to read:
48.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home, residential care center for children and youth, or subsidized guardianship home under s. 48.62 (5).
SECTION 94. 48.57 (3m) of the statutes, as affected by 2009 Wisconsin Act .... (this act), sections * and *, is repealed.
****NOTE: This is reconciled s. 48.57 (3m). This SECTION has been affected by drafts with the following LRB numbers: LRB-0238/2, LRB-0317/1, and LRB-0884/2.
SECTION 95. 48.57 (3n) of the statutes, as affected by 2009 Wisconsin Act .... (this act), sections * and *, is repealed.
****NOTE: This is reconciled s. 48.57 (3n). This SECTION has been affected by drafts with the following LRB numbers: LRB-0238/2, LRB-0317/1, and LRB-0884/2.
SECTION 96. 48.57 (3p) of the statutes is repealed.
SECTION 97. 48.57 (3t) of the statutes is repealed.
SECTION 98. 48.60 (2) (e) of the statutes is amended to read:
48.60 (2) (e) A licensed foster home or a licensed treatment foster home.
SECTION 99. 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).
SECTION 100. 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.
SECTION 101. 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.
SECTION 102. 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
SECTION 103. 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.
SECTION 104. 48.62 (title) of the statutes is amended to read:
48.62 (title) Licensing of foster homes and treatment foster homes; rates.
SECTION 105. 48.62 (1) (a) of the statutes is renumbered 48.62 (1).
SECTION 106. 48.62 (1) (b) of the statutes is repealed.
SECTION 107. 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.
SECTION 108. 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.
SECTION 109. 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:
SECTION 110. 48.62 (5) (c) 2. of the statutes is amended to read:
48.62 (5) (c) 2. The A criminal history and child abuse record search is conducted under s. 48.685 and the county department or department conducts a background investigation under s. 48.57 (3p) of the guardian or interim caretaker, the employees and prospective employees of the guardian or interim caretaker who have or would have regular contact with the child for whom the payments would be made, and any other adult resident, as defined in s. 48.57 (3p) (a), of the home of the guardian or interim caretaker and determines that those individuals do not have any arrests or convictions that are likely to adversely affect the child or the ability of the guardian or interim caretaker to care for the child the requirements specified in s. 48.685 have been met.
SECTION 111. 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).
****NOTE: This is reconciled s. 48.62 (5) (d). This SECTION has been affected by drafts with the following LRB numbers: LRB-0292/1 and LRB-0884/2.
SECTION 112. 48.62 (5) (e) of the statutes is amended to read:
48.62 (5) (e) The amount of a monthly payment under par. (a) or (b) for the care of a child shall equal the amount received under sub. (4) by the guardian of the child for the month immediately preceding the month in which the guardianship order was granted. A guardian or an interim caretaker who receives a monthly payment under par. (a) or (b) is not eligible to receive a payment under sub. (4) or s. 48.57 (3m) or (3n).
SECTION 113. 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.
SECTION 114. 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.
SECTION 115. 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.
(d) Rules providing a monthly retainer fee for a foster home that agrees to maintain openings for emergency placements.
SECTION 116. 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).
SECTION 117. 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.
