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.
SECTION 147. 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.
SECTION 148. 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:
SECTION 149. 48.675 (1) of the statutes is amended to read:
48.675 (1) DEVELOPMENT OF PROGRAM. The department shall develop a foster care education program to provide specialized training for persons operating family foster homes or treatment foster homes. Participation in the program shall be voluntary and shall be limited to persons operating foster homes or treatment foster homes licensed under s. 48.62 and caring for children with special treatment needs.
SECTION 150. 48.675 (2) of the statutes is amended to read:
48.675 (2) APPROVAL OF PROGRAMS. The department shall promulgate rules for approval of programs to meet the requirements of this section. Such Those programs may include, but need not be limited to: in-service training; workshops and seminars developed by the department or by county departments; seminars and courses offered through public or private education agencies; and workshops, seminars, and courses pertaining to behavioral and developmental disabilities and to the development of mutual support services for foster parents and treatment foster parents. The department may approve programs under this subsection only after consideration of relevant factors including level of education, useful or necessary skills, location, and other criteria as determined by the department.
SECTION 151. 48.675 (3) (intro.) of the statutes is amended to read:
48.675 (3) SUPPORT SERVICES. (intro.) The department shall provide funds from the appropriation under s. 20.437 (1) (a) to enable foster parents and treatment foster parents to attend education programs approved under sub. (2) and shall promulgate rules concerning disbursement of the funds. Moneys disbursed under this subsection may be used for the following purposes:
SECTION 152. 48.675 (3) (a) of the statutes is amended to read:
48.675 (3) (a) Care of residents of the foster home or treatment foster home during the time of participation in an education program.
SECTION 153. 48.68 (1) of the statutes is amended to read:
48.68 (1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license adopted by the department under s. 48.67 and meets the requirements specified in s. 48.685, if applicable. In determining whether to issue or continue a license, the department may consider any action by the applicant, or by an employee of the applicant, that constitutes a substantial failure by the applicant or employee to protect and promote the health, safety, and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under s. 48.615 (1) (a) or (b), 48.625 (2) (a), 48.65 (3) (a), or 938.22 (7) (b), the department shall issue a license under s. 48.66 (1) (a) or, if applicable, a probationary license under s. 48.69 or, if applicable, shall continue a license under s. 48.66 (5). At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the age-related monthly foster care rates and supplemental payments specified in s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments, and the procedures for applying for supplemental payments.
SECTION 154. 48.685 (1) (b) of the statutes is amended to read:
48.685 (1) (b) "Entity" means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption, or to license foster homes or treatment foster homes; a foster home or treatment foster home that is licensed under s. 48.62; a subsidized guardianship home under s. 48.62 (5); a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); a day care provider that is certified under s. 48.651; or a temporary employment agency that provides caregivers to another entity.
SECTION 155. 48.685 (2) (c) 1. of the statutes is amended to read:
48.685 (2) (c) 1. If the person who is the subject of the search under par. (am) is seeking an initial license to operate a foster home or treatment foster home or is seeking relicensure after a break in licensure, the department, county department, or child welfare agency shall request under 42 USC 16962 (b) a fingerprint-based check of the national crime information databases, as defined in 28 USC 534 (f) (3) (A). The department, county department, or child welfare agency may release any information obtained under this subdivision only as permitted under 42 USC 16962 (e).
SECTION 156. 48.685 (2) (c) 2. of the statutes is amended to read:
48.685 (2) (c) 2. If the person who is the subject of the search under par. (am) is seeking a license to operate a foster home or treatment foster home or is an adult nonclient resident of the foster home or treatment foster home and if the person is not, or at any time within the 5 years preceding the date of the search has not been, a resident of this state, the department, county department, or child welfare agency shall check any child abuse or neglect registry maintained by any state or other U.S. jurisdiction in which the person is a resident or was a resident within those 5 years for information that is equivalent to the information specified in par. (am) 4. The department, county department, or child welfare agency may not use any information obtained under this subdivision for any purpose other than a search of the person's background under par. (am).
SECTION 157. 48.685 (4m) (a) (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
48.685 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity, a county department or agency contracted with under s. 48.651 (2) may not certify a day care provider under s. 48.651, a county department or a child welfare agency may not license, or renew the license of, a foster home or treatment foster home under s. 48.62, the department or a county department may not provide subsidized guardianship payments to a person under s. 48.62 (5), and a school board may not contract with a person under s. 120.13 (14), if the department, county department, contracted agency, child welfare agency, or school board knows or should have known any of the following:
****NOTE: This is reconciled s. 48.685 (4m) (a) (intro.). This SECTION has been affected by drafts with the following LRB numbers: LRB-0884/2 and LRB-1389/P2.
SECTION 158. 48.685 (4m) (ad) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
48.685 (4m) (ad) The department, a county department, or a child welfare agency may license a foster home or treatment foster home under s. 48.62, the department or a county department may provide subsidized guardianship payments to a person under s. 48.62 (5), a county department or agency contracted with under s. 48.651 (2) may certify a day care provider under s. 48.651, and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am) indicating that the person is not ineligible to be licensed, certified, or contracted with for a reason specified in par. (a) 1. to 5.
****NOTE: This is reconciled s. 48.685 (4m) (ad). This SECTION has been affected by drafts with the following LRB numbers: LRB-0884/2 and LRB-1389/P2.
SECTION 159. 48.685 (5) (bm) (intro.) of the statutes is amended to read:
48.685 (5) (bm) (intro.) For purposes of licensing a foster home or treatment foster home for the placement of a child on whose behalf foster care maintenance payments under s. 48.62 (4) will be provided, no person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:
SECTION 160. 48.685 (5m) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, the department or a county department may refuse to provide subsidized guardianship payments under s. 48.62 (5), and an entity may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the entity if the person has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department, county department, child welfare agency, or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department may refuse to license a person to operate a day care center, a county department or agency contracted with under s. 48.651 (2) may refuse to certify a day care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14), and a day care provider that is certified under s. 48.651 may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the day care center or day care provider if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, but that is, in the estimation of the department, county department, contracted agency, school board, day care center, or day care provider, substantially related to the care of a client.
****NOTE: This is reconciled s. 48.685 (5m). This SECTION has been affected by drafts with the following LRB numbers: LRB-0884/2 and LRB-1389/P2.
SECTION 161. 48.685 (6) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
48.685 (6) (a) The department shall require any person who applies for issuance, continuation, or renewal of a license to operate an entity, a county department or agency contracted with under s. 48.651 (2) shall require any day care provider who applies for initial certification under s. 48.651 or for renewal of that certification, a county department or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home or treatment foster home under s. 48.62, the department or a county department shall require any person who applies for subsidized guardianship payments under s. 48.62 (5), and a school board shall require any person who proposes to contract with the school board under s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department.
****NOTE: This is reconciled s. 48.685 (6) (a). This SECTION has been affected by drafts with the following LRB numbers: LRB-0884/2 and LRB-1389/P2.
SECTION 162. 48.70 (2) of the statutes is amended to read:
48.70 (2) SPECIAL PROVISIONS FOR CHILD WELFARE AGENCY LICENSES. A license to a child welfare agency shall also specify the kind of child welfare work the agency is authorized to undertake, whether the agency may accept guardianship of children, whether the agency may place children in foster homes or treatment foster homes, and if so, the area the agency is equipped to serve.
SECTION 163. 48.73 of the statutes is amended to read:
48.73 Inspection of licensees. The department may visit and inspect each child welfare agency, foster home, treatment foster home, group home, and day care center licensed by it the department, and for such that purpose shall be given unrestricted access to the premises described in the license.
SECTION 164. 48.75 (title) of the statutes is amended to read:
48.75 (title) Foster homes and treatment foster homes licensed by public licensing agencies and by child welfare agencies.
SECTION 165. 48.75 (1d) of the statutes is amended to read:
48.75 (1d) Child welfare agencies, if licensed to do so by the department, and public licensing agencies may license foster homes and treatment foster homes under the rules promulgated by the department under s. 48.67 governing the licensing of foster homes and treatment foster homes. A foster home or treatment foster home license shall be issued for a term not to exceed 2 years from the date of issuance, is not transferable, and may be revoked by the child welfare agency or by the public licensing agency because the licensee has substantially and intentionally violated any provision of this chapter or of the rules of the department promulgated pursuant to under s. 48.67 or because the licensee fails to meet the minimum requirements for a license. The licensee shall be given written notice of any revocation and the grounds therefor for the revocation.
SECTION 166. 48.75 (1r) of the statutes is amended to read:
48.75 (1r) At the time of initial licensure and license renewal, the child welfare agency or public licensing agency issuing a license under sub. (1d) or (1g) shall provide the licensee with written information relating to the age-related monthly foster care rates and supplemental payments specified in s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments, and the procedures for applying for supplemental payments.
SECTION 167. 48.75 (2) of the statutes is amended to read:
48.75 (2) Any foster home or treatment foster home applicant or licensee of a public licensing agency or a child welfare agency may, if aggrieved by the failure to issue or renew its license or by revocation of its license, appeal as provided in s. 48.72.
SECTION 168. 48.833 (1) of the statutes is amended to read:
48.833 (1) PLACEMENT BY DEPARTMENT OR COUNTY DEPARTMENT. The department or a county department under s. 48.57 (1) (e) or (hm) may place a child for adoption in a licensed foster home or a licensed treatment foster home without a court order under s. 48.63 (3) (b) or if the department or county department is the guardian of the child or makes the placement at the request of another agency that is the guardian of the child and if the proposed adoptive parents have completed the preadoption preparation required under s. 48.84 (1) or the department or county department determines that the proposed adoptive parents are not required to complete that preparation. When a child is placed under this subsection in a licensed foster home or a licensed treatment foster home for adoption, the department or county department making the placement shall enter into a written agreement with the proposed adoptive parent, which shall state the date on which the child is placed in the licensed foster home or licensed treatment foster home for adoption by the proposed adoptive parent.
SECTION 169. 48.833 (2) of the statutes is amended to read:
48.833 (2) PLACEMENT BY CHILD WELFARE AGENCY. A child welfare agency licensed under s. 48.60 may place a child for adoption in a licensed foster home or a licensed treatment foster home without a court order under s. 48.63 (3) (b) or if the child welfare agency is the guardian of the child or makes the placement at the request of another agency that is the guardian of the child and if the proposed adoptive parents have completed the preadoption preparation required under s. 48.84 (1) or the child welfare agency determines that the proposed adoptive parents are not required to complete that preparation. When a child is placed under this subsection in a licensed foster home or a licensed treatment foster home for adoption, the child welfare agency making the placement shall enter into a written agreement with the proposed adoptive parent, which shall state the date on which the child is placed in the licensed foster home or licensed treatment foster home for adoption by the proposed adoptive parent.
SECTION 170. 48.837 (1) of the statutes is amended to read:
48.837 (1) IN-STATE ADOPTIVE PLACEMENT. When the proposed adoptive parent or parents of a child reside in this state and are not relatives of the child, a parent having custody of a child and the proposed adoptive parent or parents of the child may petition the court for placement of the child for adoption in the home of the proposed adoptive parent or parents if the home is licensed as a foster home or treatment foster home under s. 48.62.
SECTION 171. 48.837 (1r) (b) of the statutes is amended to read:
48.837 (1r) (b) The department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place a child under par. (a) in the home of a proposed adoptive parent or parents who reside in this state if that home is licensed as a foster home or treatment foster home under s. 48.62.
SECTION 172. 48.88 (2) (am) 1. of the statutes is amended to read:
48.88 (2) (am) 1. If the petitioner was required to obtain an initial license to operate a foster home or treatment foster home before placement of the child for adoption or relicensure after a break in licensure, the agency making the investigation shall obtain a criminal history search from the records maintained by the department of justice and request under 42 USC 16962 (b) a fingerprint-based check of the national crime information databases, as defined in 28 USC 534 (f) (3) (A), with respect to the petitioner. The agency may release any information obtained under this subdivision only as permitted under 42 USC 16962 (e). In the case of a child on whose behalf adoption assistance payments will be provided under s. 48.975, if the petitioner has been convicted of any of the offenses specified in s. 48.685 (5) (bm) 1. to 4., the agency may not report that the petitioner's home is suitable for the child.
SECTION 173. 48.88 (2) (am) 2. of the statutes is amended to read:
48.88 (2) (am) 2. If the petitioner was required to obtain a license to operate a foster home or treatment foster home before placement of the child for adoption, the agency making the investigation shall obtain information maintained by the department regarding any substantiated reports of child abuse or neglect against the petitioner and any other adult residing in the petitioner's home. If the petitioner or other adult residing in the petitioner's home is not, or at any time within the 5 years preceding the date of the search has not been, a resident of this state, the agency shall check any child abuse or neglect registry maintained by any state or other U.S. jurisdiction in which the petitioner or other adult is a resident or was a resident within those 5 years for information that is equivalent to the information maintained by the department regarding substantiated reports of child abuse or neglect. The agency may not use any information obtained under this subdivision for any purpose other than a background search under this subdivision.
SECTION 174. 48.975 (3) (a) 1. of the statutes is amended to read:
48.975 (3) (a) 1. Except as provided in subd. 3., for support of a child who was in foster care, treatment foster care, or subsidized guardianship care immediately prior to placement for adoption, the initial amount of adoption assistance for maintenance shall be equivalent to the amount of that child's foster care, treatment foster care, or subsidized guardianship care payment at the time that the agreement under sub. (4) (a) is signed or a lesser amount if agreed to by the proposed adoptive parents and specified in that agreement.
SECTION 175. 48.975 (3) (a) 2. of the statutes is amended to read:
48.975 (3) (a) 2. Except as provided in subd. 3., for support of a child not in foster care, treatment foster care, or subsidized guardianship care immediately prior to placement for adoption, the initial amount of adoption assistance for maintenance shall be equivalent to the uniform foster care rate applicable to the child that is in effect at the time that the agreement under sub. (4) (a) is signed or a lesser amount if agreed to by the proposed adoptive parents and specified in that agreement.
SECTION 176. 48.98 (1) of the statutes is amended to read:
48.98 (1) No person may bring a child into this state or send a child out of this state for the purpose of placing the child in foster care or treatment foster care or for the purpose of adoption without a certificate from the department that the home is suitable for the child.
SECTION 177. 48.98 (2) (a) of the statutes is amended to read:
48.98 (2) (a) Any person, except a county department or licensed child welfare agency, who brings a child into this state for the purpose of placing the child in a foster home or treatment foster home shall, before the child's arrival in this state, file with the department a $1,000 noncancelable bond in favor of this state, furnished by a surety company licensed to do business in this state. The condition of the bond shall be that the child will not become dependent on public funds for his or her primary support before the child reaches age 18 or is adopted.
SECTION 178. 48.981 (3) (d) 1. of the statutes is amended to read:
48.981 (3) (d) 1. In this paragraph, "agent" includes, but is not limited to, a foster parent, treatment foster parent or other person given custody of a child or a human services professional employed by a county department under s. 51.42 or 51.437 or by a child welfare agency who is working with a child or an expectant mother of an unborn child under contract with or under the supervision of the department in a county having a population of 500,000 or more or a county department under s. 46.22.
SECTION 179. 48.981 (7) (a) 4. of the statutes is amended to read:
48.981 (7) (a) 4. A child's foster parent, treatment foster parent or other person having physical custody of the child or a person having physical custody of the expectant mother of an unborn child, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter.
SECTION 180. 48.986 (4) of the statutes is amended to read:
48.986 (4) A county may use the funds distributed under this section to fund additional foster parents, treatment foster parents, and subsidized guardians or interim caretakers to care for abused and neglected children and to fund additional staff positions to provide services related to child abuse and neglect and to unborn child abuse.
SECTION 181. 49.001 (7) of the statutes is repealed.
SECTION 182. 49.136 (1) (m) of the statutes is amended to read:
49.136 (1) (m) "Parent" means a parent, guardian, foster parent, treatment foster parent, legal custodian, or a person acting in the place of a parent.
SECTION 183. 49.155 (1) (c) of the statutes is amended to read:
49.155 (1) (c) Notwithstanding s. 49.141 (1) (j), "parent" means a custodial parent, guardian, foster parent, treatment foster parent, legal custodian, or a person acting in the place of a parent.
SECTION 184. 49.155 (1m) (a) (intro.) of the statutes is amended to read:
49.155 (1m) (a) (intro.) The individual is a parent of a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; or is a person relative who, under s. 48.57 (3m) or (3n) 48.62, is providing care and maintenance for a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; and child care services for that child are needed in order for the individual to do any of the following:
SECTION 185. 49.155 (1m) (a) 1m. b. of the statutes is amended to read:
49.155 (1m) (a) 1m. b. The individual has not yet attained the age of 18 years and the individual resides with his or her custodial parent or with a kinship care relative under s. 48.57 (3m) or with a long-term kinship care relative under s. 48.57 (3n) or is in a foster home or treatment foster home licensed under s. 48.62, a subsidized guardianship home under s. 48.62 (5), a group home, or an independent living arrangement supervised by an adult.
SECTION 186. 49.155 (1m) (bm) of the statutes is amended to read:
49.155 (1m) (bm) If the individual is providing care for a child under a court order and is receiving payments on behalf of the child under s. 48.57 (3m) or (3n) or 48.62 (5), or if the individual is a foster parent or treatment foster parent, and child care is needed for that child, the child meets the requirement under s. 49.145 (2) (c).
SECTION 187. 49.155 (1m) (c) 1. (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
49.155 (1m) (c) 1. (intro.) Except as provided in subds. 1g., 1h., 1m., 2., and 3., the gross income of the individual's family is at or below 185% of the poverty line for a family the size of the individual's family or, for an individual who is already receiving a child care subsidy under this section, the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. In calculating the gross income of the family, the county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual and income described under s. 49.145 (3) (b) 1. and 3., except that, in calculating farm and self-employment income, the county department or agency determining eligibility shall include the sum of the following:
****NOTE: This is reconciled s. 49.155 (1m) (c) 1. (intro.). This SECTION has been affected by drafts with the following LRB numbers: LRB-0884/2, LRB-1193/1, and LRB-1389/P2.
SECTION 188. 49.155 (1m) (c) 1h. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed.
****NOTE: This is reconciled s. 49.155 (1m) (c) 1h. This SECTION has been affected by drafts with the following LRB numbers: LRB-0884/2, LRB-1193/1, and LRB-1389/P2.
SECTION 189. 49.175 (1) (s) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
49.175 (1) (s) Kinship care and long-term kinship Foster care assistance. For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p) foster care under s. 48.62, $23,892,400 in fiscal year 2009-10 and $23,903,500 in each fiscal year thereafter.
****NOTE: This is reconciled s. 49.175 (1) (s). This SECTION has been affected by drafts with the following LRB numbers: LRB-0884/2, LRB-0317/1, and LRB-1667/2.
SECTION 190. 49.19 (1) (a) 2. b. of the statutes is amended to read:
49.19 (1) (a) 2. b. 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, 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, or center by a county department under s. 46.215, 46.22, or 46.23, by the department, by the department of corrections, or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department.
SECTION 191. 49.19 (4e) (a) of the statutes is amended to read:
49.19 (4e) (a) If a person applying for aid is under 18 years of age, has never married, and is pregnant or has a dependent child in his or her care, the person is not eligible for aid unless he or she lives in a place maintained by his or her parent, legal guardian, or other adult relative as the parent's, guardian's or other adult relative's own home or lives in a foster home, treatment foster home, maternity home, or other supportive living arrangement supervised by an adult.