252.15 (5) (a) 19. If the test was administered to a child who has been placed in a foster home, treatment foster home, group home, residential care center for children and youth, or juvenile correctional facility, as defined in s. 938.02 (10p), including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home, treatment foster home, group home, residential care center for children and youth, or juvenile correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child, or to an agency that placed the child or arranged for the placement of the child in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or arranged for the placement of the child in any of those placements, to the child's foster parent or treatment foster parent or the operator of the group home, residential care center for children and youth, or juvenile correctional facility in which the child is placed, as provided in s. 48.371 or 938.371.
SECTION 226. 253.10 (3) (c) 2. c. of the statutes is amended to read:
253.10 (3) (c) 2. c. That the woman has a legal right to continue her pregnancy and to keep the child; to place the child in a foster home or treatment foster home for 6 months or to petition a court for placement of the child in a foster home, treatment foster home or group home or with a relative; or to place the child for adoption under a process that involves court approval both of the voluntary termination of parental rights and of the adoption.
SECTION 227. 301.12 (14) (a) of the statutes is amended to read:
301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules which that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17, unless the liable person has prevented payment by any act or omission.
SECTION 228. 301.12 (14) (b) of the statutes is amended to read:
301.12 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 301.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 938.183, 938.355, or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, residential care center for children and youth, or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department of children and families under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under par. (g).
SECTION 229. 301.26 (4) (d) 2. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
301.26 (4) (d) 2. Beginning on July 1, 2009 January 1, 2010, and ending on June 30, 2010, the per person daily cost assessment to counties shall be $270 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $270 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $294 for care in a residential care center for children and youth, $190 for care in a group home for children, $72 for care in a foster home, $126 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $101 for departmental corrective sanctions services, and $40 for departmental aftercare services.
****NOTE: This is reconciled s. 301.26 (4) (d) 2. This SECTION has been affected by drafts with the following LRB numbers: LRB-0357/3 and LRB-0884/2.
SECTION 230. 301.26 (4) (d) 3. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
301.26 (4) (d) 3. Beginning on July 1, 2010, and ending on June 30, 2011, the per person daily cost assessment to counties shall be $275 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $275 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $309 for care in a residential care center for children and youth, $200 for care in a group home for children, $75 for care in a foster home, $132 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $103 for departmental corrective sanctions services, and $41 for departmental aftercare services.
****NOTE: This is reconciled s. 301.26 (4) (d) 3. This SECTION has been affected by drafts with the following LRB numbers: LRB-0357/3 and LRB-0884/2.
SECTION 231. 301.26 (4) (e) of the statutes is amended to read:
301.26 (4) (e) For foster care, treatment foster care, group home care, and institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 all payments and deductions made under this subsection and uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).
SECTION 232. 301.26 (4) (ed) of the statutes is amended to read:
301.26 (4) (ed) For foster care, treatment foster care, group home care, and institutional child care to serious juvenile offenders under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 all uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).
SECTION 233. 301.46 (4) (a) 6. of the statutes is amended to read:
301.46 (4) (a) 6. A foster home or treatment foster home licensed under s. 48.62.
SECTION 234. 343.15 (4) (a) 3. of the statutes is amended to read:
343.15 (4) (a) 3. A person who is a ward of the state, county, or court and who has been placed in a foster home or a treatment foster home or in the care of a religious welfare service.
SECTION 235. 619.01 (1) (a) of the statutes is amended to read:
619.01 (1) (a) Establishment of plans. If the commissioner finds after a hearing that in any part of this state automobile insurance, property insurance, health care liability insurance, liability insurance but not to include coverage for risks which that are determined to be uninsurable, worker's compensation insurance, insurance coverage for foster homes or treatment foster homes, or insurance coverage for group homes is not readily available in the voluntary market, and that the public interest requires such that availability, the commissioner may by rule either promulgate plans to provide such insurance coverages for any risks in this state which that are equitably entitled to, but otherwise unable to obtain such, that coverage, or may call upon the insurance industry to prepare plans for the commissioner's approval.
SECTION 236. 619.01 (1) (c) 1. of the statutes is amended to read:
619.01 (1) (c) 1. Each plan, except a health care liability insurance plan, a foster home protection insurance plan, a treatment foster home protection insurance plan or a group home protection insurance plan, shall require participation by all insurers doing any business in this state of the types covered by the specific plan and all agents licensed to represent such those insurers in this state for the specified types of business, except that the commissioner may exclude classes of persons for administrative convenience or because it is not equitable or practicable to require them to participate in the plan.
SECTION 237. 619.01 (1) (c) 4m. of the statutes is repealed.
SECTION 238. 619.01 (9) of the statutes is amended to read:
619.01 (9) FOSTER HOME PROTECTION INSURANCE. In this section "foster home protection insurance" means insurance coverage to protect persons who receive a license to operate a foster home under s. 48.62 (1) (a) against the unique risks, determined by the commissioner, to which such those persons are exposed. If the persons have insurance which that covers any of these those risks, the foster home protection insurance may insure against any or all of the other risks, and may provide additional or excess limits coverage for any or all of these those risks.
SECTION 239. 619.01 (9m) of the statutes is repealed.
SECTION 240. 767.205 (2) (a) 3. of the statutes is amended to read:
767.205 (2) (a) 3. Whenever aid under s. 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 is provided on behalf of a dependent child or benefits are provided to the child's custodial parent under ss. 49.141 to 49.161.
SECTION 241. 767.205 (2) (a) 4. of the statutes is amended to read:
767.205 (2) (a) 4. Whenever aid under s. 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 has, in the past, been provided on behalf of a dependent child, or benefits have, in the past, been provided to the child's custodial parent under ss. 49.141 to 49.161, and the child's family is eligible for continuing child support services under 45 CFR 302.33.
SECTION 242. 767.407 (1) (c) 1. of the statutes is amended to read:
767.407 (1) (c) 1. Aid is provided under s. 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 on behalf of the child, or benefits are provided to the child's custodial parent under ss. 49.141 to 49.161, but the state and its delegate under s. 49.22 (7) are barred by a statute of limitations from commencing an action under s. 767.80 on behalf of the child.
SECTION 243. 767.41 (3) (c) of the statutes is amended to read:
767.41 (3) (c) The court shall hold a hearing to review the permanency plan within 30 days after receiving a report under par. (b). 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 parents, the child, if he or she is 12 years of age or over, and the child's foster parent, treatment foster parent or the operator of the facility in which the child is living.
SECTION 244. 767.521 (intro.) of the statutes is amended to read:
767.521 Action by state for child support. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.001 (1) (f) or for paternity determination and child support under s. 767.80 if the child's right to support is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 (2) (bm) and all of the following apply:
SECTION 245. 767.55 (3) (a) 2. of the statutes is amended to read:
767.55 (3) (a) 2. The child's right to support is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b.
SECTION 246. 767.57 (1m) (cm) of the statutes is repealed.
SECTION 247. 767.57 (2) of the statutes is amended to read:
767.57 (2) PROCEDURE IF RECIPIENT ON PUBLIC ASSISTANCE. If a party entitled to maintenance or support, or both, is receiving public assistance under ch. 49, the party may assign the party's right to support or maintenance to the county department under s. 46.215, 46.22, or 46.23 granting the assistance. The assignment shall be approved by order of the court granting the maintenance or support. The assignment may not be terminated if there is a delinquency in the amount to be paid to the assignee of maintenance and support previously ordered without the written consent of the assignee or upon notice to the assignee and a hearing. When an assignment of maintenance or support, or both, has been approved by the order, the assignee shall be deemed considered a real party in interest within under s. 803.01 solely for the purpose of securing payment of unpaid maintenance or support ordered to be paid, by participating in proceedings to secure the payment of unpaid amounts. Notwithstanding assignment under this subsection, and without further order of the court, the department or its designee, upon receiving notice that a party or a minor child of the parties is receiving aid under s. 48.645 or public assistance under ch. 49 or that a kinship care relative or long-term kinship care relative of the minor child is receiving kinship care payments or long-term kinship care payments for the minor child, shall forward all support assigned under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19) to the assignee under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19).
SECTION 248. 767.57 (4) of the statutes is amended to read:
767.57 (4) PROCEDURE FOR CERTAIN CHILD RECIPIENTS. If an order or judgment providing for the support of one or more children not receiving aid under s. 48.57 (3m) or (3n), 48.645, or 49.19 includes support for a minor who is the beneficiary of aid under s. 48.57 (3m) or (3n), 48.645, or 49.19, any support payment made under the order or judgment is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b. in the amount that is the proportionate share of the minor receiving aid under s. 48.57 (3m) or (3n), 48.645, or 49.19, except as otherwise ordered by the court on the motion of a party.
SECTION 249. 767.59 (1c) (a) (intro.) of the statutes is amended to read:
767.59 (1c) (a) (intro.) On the petition, motion, or order to show cause of either of the parties, the department, a county department under s. 46.215, 46.22, or 46.23, or a county child support agency under s. 59.53 (5) if an assignment has been made under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h), or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m) or (3n) or 48.645 or ch. 49, a court may, except as provided in par. (b), do any of the following:
SECTION 250. 767.87 (6) (a) of the statutes is amended to read:
767.87 (6) (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157, or 49.159, the natural mother of the child may not be compelled to testify about the paternity of the child if it has been determined that the mother has good cause for refusing to cooperate in establishing paternity as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this under that statute, as of July 1, 1981, and pursuant to under any rules promulgated by the department which that define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.
SECTION 251. 767.87 (6) (b) of the statutes is amended to read:
767.87 (6) (b) Nothing in par. (a) prevents the state from bringing an action to determine paternity pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159, where when evidence other than the testimony of the mother may establish the paternity of the child.
SECTION 252. 786.37 (3) of the statutes is amended to read:
786.37 (3) This section does not apply to the name change of a minor if the parental rights to the minor of both parents have been terminated, guardianship and legal custody of the minor have been transferred under subch. VIII of ch. 48, the minor has been placed in a permanent foster home or a permanent treatment foster home, and the guardian and legal custodian of the minor have petitioned to change the minor's name to the name or names of the minor's foster parents or treatment foster parents.
SECTION 253. 809.105 (13) of the statutes is amended to read:
809.105 (13) CERTAIN PERSONS BARRED FROM PROCEEDINGS. No parent, or guardian or legal custodian, if one has been appointed, or foster parent or treatment foster parent, if the minor has been placed in a foster home or treatment foster home, and the minor's parent has signed a waiver granting the department of children and families, a county department under s. 46.215, 46.22, or 46.23, the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, or adult family member, as defined in s. 48.375 (2) (b), of any minor who has initiated an appeal under this section may attend or intervene in any proceeding under this section.
SECTION 254. 895.485 (title) of the statutes is amended to read:
895.485 (title) Civil liability exemption; agencies, foster parents, treatment foster parents and family-operated group home parents.
SECTION 255. 895.485 (1) (c) of the statutes is repealed.
SECTION 256. 895.485 (2) (intro.) of the statutes is amended to read:
895.485 (2) (intro.) Except as provided in ss. 167.10 (7) and 343.15 (2), any foster, treatment foster or family-operated group home parent licensed under s. 48.62 or 48.625 is immune from civil liability for any of the following:
SECTION 257. 895.485 (2) (a) of the statutes is amended to read:
895.485 (2) (a) An act or omission of the foster, treatment foster or family-operated group home parent while that parent is acting in his or her capacity as a foster, treatment foster or family-operated group home parent.
SECTION 258. 895.485 (2) (b) of the statutes is amended to read:
895.485 (2) (b) An act or omission of a child who is placed in a foster home, treatment foster home or family-operated group home while the child is in the foster, treatment foster or family-operated group home parent's care.
SECTION 259. 895.485 (3) of the statutes is amended to read:
895.485 (3) The immunity specified in sub. (2) does not apply if the act or omission of a foster, treatment foster or family-operated group home parent was not done in good faith or was not in compliance with any written instructions, received from the agency that placed the child, regarding specific care and supervision of the child. The good faith of a foster, treatment foster or family-operated group home parent and the compliance of the foster, treatment foster or family-operated group home parent with any written instructions received from the agency that placed the child are presumed in a civil action. Any person who asserts that a foster, treatment foster or family-operated group home parent did not act in good faith, or did not comply with written instructions received from the agency that placed the child, has the burden of proving that assertion.
SECTION 260. 895.485 (4) (intro.) of the statutes is amended to read:
895.485 (4) (intro.) Any agency that acts in good faith in placing a child with a foster, treatment foster or family-operated group home parent is immune from civil liability for any act or omission of the agency, the foster, treatment foster or family-operated group home parent, or the child unless all of the following occur:
SECTION 261. 895.485 (4) (a) of the statutes is amended to read:
895.485 (4) (a) The agency has failed to provide the foster, treatment foster. or family-operated group home parent with any information relating to a medical, physical, mental, or emotional condition of the child that it is required to disclose under this paragraph. The department of children and families shall promulgate rules specifying the kind of information that an agency shall disclose to a foster, treatment foster, or family-operated group home parent which that relates to a medical, physical, mental, or emotional condition of the child.
SECTION 262. 938.02 (6) of the statutes is amended to read:
938.02 (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 juveniles or, if necessary to enable a sibling group to remain together, for no more than 6 juveniles or, if the department of children and families promulgates rules permitting a different number of juveniles, for the number of juveniles permitted under those rules.
SECTION 263. 938.02 (17q) of the statutes is repealed.
SECTION 264. 938.207 (1) (c) of the statutes is amended to read:
938.207 (1) (c) A licensed foster home or a licensed treatment foster home if the placement does not violate the conditions of the license.
SECTION 265. 938.207 (1) (f) of the statutes is amended to read:
938.207 (1) (f) The home of a person not a relative if the person has not had a foster home or treatment foster home license under s. 48.62 refused, revoked, or suspended within the previous 2 years. Such a A placement under this paragraph may not exceed 30 days, unless the placement is extended by the court for cause for an additional 30 days.
SECTION 266. 938.21 (5) (d) 2. of the statutes is amended to read:
938.21 (5) (d) 2. If a hearing is held under subd. 1, at least 10 days before the date of the hearing the court shall notify the juvenile, any parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of the hearing.
SECTION 267. 938.21 (5) (d) 3. of the statutes is amended to read:
938.21 (5) (d) 3. The court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 2. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent, or other physical custodian who receives a notice of a hearing under subd. 2. and an opportunity to be heard under this subdivision 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 268. 938.27 (3) (a) 1. of the statutes is amended to read:
938.27 (3) (a) 1. The court shall notify, under s. 938.273, the juvenile, any parent, guardian, and legal custodian of the juvenile, any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the juvenile, and any person specified in par. (b), if applicable, of all hearings involving the juvenile under this subchapter, except hearings on motions for which notice must be provided only to the juvenile and his or her counsel. If parents entitled to notice have the same place of residence, notice to one constitutes notice to the other. The first notice to any interested party, foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) shall be in writing and may have a copy of the petition attached to it. Notices of subsequent hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the date and time notice was given and the person to whom he or she spoke.
SECTION 269. 938.27 (3) (a) 1m. of the statutes is amended to read:
938.27 (3) (a) 1m. The court shall give a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 1. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under subd. 1. and an opportunity to be heard under this subdivision 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 270. 938.27 (3) (a) 2. of the statutes is amended to read:
938.27 (3) (a) 2. Failure to give notice under subd. 1. 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 action or 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 subd. 1., that person may request a rehearing on the matter during the pendency of an order resulting from the hearing. If the request is made, the court shall order a rehearing.
SECTION 271. 938.27 (6) of the statutes is amended to read:
938.27 (6) INTERSTATE COMPACT PROCEEDINGS; NOTICE AND SUMMONS. When a proceeding is initiated under s. 938.14, all interested parties shall receive notice and appropriate summons shall be issued in a manner specified by the court. If the juvenile who is the subject of the proceeding is in the care of a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent, or other physical custodian notice and an opportunity to be heard as provided in sub. (3) (a).
SECTION 272. 938.299 (1) (ag) of the statutes is amended to read:
