AB75, s. 990
9Section
990. 48.569 (1) (d) of the statutes is amended to read:
AB75,552,2310
48.569
(1) (d) From the appropriations under s. 20.437 (1) (b) and (o), the
11department shall distribute the funding for children and family services, including
12funding for foster care
, treatment foster care, or subsidized guardianship care of a
13child on whose behalf aid is received under s. 48.645 to county departments as
14provided under s. 48.563. County matching funds are required for the distribution
15under s. 48.563 (2). Each county's required match for the distribution under s. 48.563
16(2) shall be specified in a schedule established annually by the department.
17Matching funds may be from county tax levies, federal and state revenue sharing
18funds, or private donations to the county that meet the requirements specified in sub.
19(1m). Private donations may not exceed 25 percent of the total county match. If the
20county match is less than the amount required to generate the full amount of state
21and federal funds distributed for this period, the decrease in the amount of state and
22federal funds equals the difference between the required and the actual amount of
23county matching funds.
AB75, s. 991
24Section
991. 48.57 (1) (c) of the statutes is amended to read:
AB75,553,13
148.57
(1) (c) To provide appropriate protection and services for children and the
2expectant mothers of unborn children in its care, including providing services for
3those children and their families and for those expectant mothers in their own
4homes, placing those children in licensed foster homes
, treatment foster homes, or
5group homes in this state or another state within a reasonable proximity to the
6agency with legal custody, placing those children in the homes of guardians under
7s. 48.977 (2), or contracting for services for those children by licensed child welfare
8agencies, except that the county department may not purchase the educational
9component of private day treatment programs unless the county department, the
10school board, as defined in s. 115.001 (7), and the state superintendent of public
11instruction all determine that an appropriate public education program is not
12available. Disputes between the county department and the school district shall be
13resolved by the state superintendent of public instruction.
AB75, s. 992
14Section
992. 48.57 (1) (hm) of the statutes is amended to read:
AB75,553,1915
48.57
(1) (hm) If a county department in a county with a population of less than
16500,000, to accept guardianship, when appointed by the court, of a child whom the
17county department has placed in a foster home
or treatment foster home under a
18court order or voluntary agreement under s. 48.63 and to place that child under its
19guardianship for adoption by the foster parent
or treatment foster parent.
AB75, s. 993
20Section
993. 48.57 (1) (i) of the statutes is amended to read:
AB75,553,2221
48.57
(1) (i) To license foster homes
or treatment foster homes in accordance
22with s. 48.75.
AB75, s. 994
23Section
994. 48.57 (3) (a) 4. of the statutes is amended to read:
AB75,554,3
148.57
(3) (a) 4. Is living in a foster home,
treatment foster home, group home,
2residential care center for children and youth, or subsidized guardianship home
3under s. 48.62 (5).
AB75, s. 995
4Section
995. 48.57 (3m) of the statutes, as affected by 2009 Wisconsin Act ....
5(this act), sections 996 and 997, is repealed.
AB75, s. 996
6Section
996
. 48.57 (3m) (am) (intro.) of the statutes is amended to read:
AB75,554,137
48.57
(3m) (am) (intro.) From the appropriation under s. 20.437
(1) (kc) (2)
8(md), the department shall reimburse counties having populations of less than
9500,000 for payments made under this subsection and shall make payments under
10this subsection in a county having a population of 500,000 or more. A county
11department and, in a county having a population of 500,000 or more, the department
12shall make payments in the amount of $215 per month to a kinship care relative who
13is providing care and maintenance for a child if all of the following conditions are met:
AB75, s. 997
14Section
997
. 48.57 (3m) (b) 2. of the statutes is amended to read:
AB75,555,215
48.57
(3m) (b) 2. When any kinship care relative of a child applies for or
16receives payments under this subsection, any right of the child or the child's parent
17to support or maintenance from any other person
, including any right to unpaid
18amounts accrued at the time of application and any right to amounts accruing during
19the time that payments are made under this subsection
, is assigned to the state. If
20a child who is the beneficiary of a payment under this subsection is also the
21beneficiary of support under a judgment or order that includes support for one or
22more children who are not the beneficiaries of payments under this subsection, any
23support payment made under the judgment or order is assigned to the state in the
24amount that is the proportionate share of the child who is the beneficiary of the
1payment made under this subsection, except as otherwise ordered by the court on the
2motion of a party.
AB75, s. 998
3Section
998. 48.57 (3n) of the statutes, as affected by 2009 Wisconsin Act ....
4(this act), sections 999 and 1000, is repealed.
AB75, s. 999
5Section
999
. 48.57 (3n) (am) (intro.) of the statutes is amended to read:
AB75,555,136
48.57
(3n) (am) (intro.) From the appropriation under s. 20.437
(1) (kc) (2) (md),
7the department shall reimburse counties having populations of less than 500,000 for
8payments made under this subsection and shall make payments under this
9subsection in a county having a population of 500,000 or more. A county department
10and, in a county having a population of 500,000 or more, the department shall make
11monthly payments for each child in the amount specified in sub. (3m) (am) (intro.)
12to a long-term kinship care relative who is providing care and maintenance for that
13child if all of the following conditions are met:
AB75, s. 1000
14Section
1000
. 48.57 (3n) (b) 2. of the statutes is amended to read:
AB75,555,2515
48.57
(3n) (b) 2. When any long-term kinship care relative of a child applies
16for or receives payments under this subsection, any right of the child or the child's
17parent to support or maintenance from any other person
, including any right to
18unpaid amounts accrued at the time of application and any right to amounts accruing
19during the time that payments are made under this subsection
, is assigned to the
20state. If a child is the beneficiary of support under a judgment or order that includes
21support for one or more children who are not the beneficiaries of payments under this
22subsection, any support payment made under the judgment or order is assigned to
23the state in the amount that is the proportionate share of the child who is the
24beneficiary of the payment made under this subsection, except as otherwise ordered
25by the court on the motion of a party.
AB75, s. 1001
1Section
1001. 48.57 (3p) of the statutes is repealed.
AB75, s. 1002
2Section
1002. 48.57 (3t) of the statutes is repealed.
AB75, s. 1003
3Section
1003. 48.60 (2) (e) of the statutes is amended to read:
AB75,556,44
48.60
(2) (e) A licensed foster home
or a licensed treatment foster home.
AB75, s. 1004
5Section
1004. 48.61 (3) of the statutes is amended to read:
AB75,556,96
48.61
(3) To provide appropriate care and training for children in its legal or
7physical custody and, if licensed to do so, to place children in licensed foster homes
,
8licensed treatment foster homes, and licensed group homes and in the homes of
9guardians under s. 48.977 (2).
AB75, s. 1005
10Section
1005. 48.61 (7) of the statutes is amended to read:
AB75,556,1211
48.61
(7) To license foster homes
or treatment foster homes in accordance with
12s. 48.75 if licensed to do so.
AB75, s. 1006
13Section
1006. 48.615 (1) (b) of the statutes is amended to read:
AB75,556,1814
48.615
(1) (b) Before the department may issue a license under s. 48.60 (1) to
15a child welfare agency that places children in licensed foster homes,
licensed
16treatment foster homes, and licensed group homes
, and in the homes of guardians
17under s. 48.977 (2), the child welfare agency must pay to the department a biennial
18fee of $254.10.
AB75, s. 1007
19Section
1007. Subchapter XIV (title) of chapter 48 [precedes 48.619] of the
20statutes is amended to read:
AB75,556,2222
SUBCHAPTER XIV
AB75,556,2323
FOSTER HOMES
AND TREATMENT FOSTER HOMES
AB75, s. 1008
24Section
1008. 48.619 of the statutes is amended to read:
AB75,557,9
148.619 Definition. In this subchapter, "child" means a person under 18 years
2of age and also includes, for purposes of counting the number of children for whom
3a foster home
, treatment foster home, or group home may provide care and
4maintenance, a person 18 years of age or over, but under 19 years of age, who is a
5full-time student at a secondary school or its vocational or technical equivalent, who
6is reasonably expected to complete the program before reaching 19 years of age, who
7was residing in the foster home
, treatment foster home, or group home immediately
8prior to his or her 18th birthday, and who continues to reside in that foster home
,
9treatment foster home, or group home.
AB75, s. 1009
10Section
1009. 48.62 (title) of the statutes is amended to read:
AB75,557,12
1148.62 (title)
Licensing of foster homes
and treatment foster homes;
12rates.
AB75, s. 1010
13Section
1010. 48.62 (1) (a) of the statutes is renumbered 48.62 (1).
AB75, s. 1011
14Section
1011. 48.62 (1) (b) of the statutes is repealed.
AB75, s. 1012
15Section
1012. 48.62 (2) of the statutes is amended to read:
AB75,558,516
48.62
(2) A relative
,, or a guardian of a child who provides care and
17maintenance for the child is not required to obtain the license specified in this
18section. The department, county department, or licensed child welfare agency as
19provided in s. 48.75 may issue a license to operate a foster home
or a treatment foster
20home to a relative who has no duty of support under s. 49.90 (1) (a) and who requests
21a license to operate a foster home
or treatment foster home for a specific child who
22is either placed by court order or who is the subject of a voluntary placement
23agreement under s. 48.63. The department, a county department, or a licensed child
24welfare agency may, at the request of a guardian appointed under s. 48.977 or 48.978,
25ch. 54, or ch. 880, 2003 stats., license the guardian's home as a foster home
or
1treatment foster home for the guardian's minor ward who is living in the home and
2who is placed in the home by court order. Relatives with no duty of support and
3guardians appointed under s. 48.977 or 48.978, ch. 54, or ch. 880, 2003 stats., who
4are licensed to operate foster homes
or treatment foster homes are subject to the
5department's licensing rules.
AB75, s. 1013
6Section
1013. 48.62 (3) of the statutes is amended to read:
AB75,558,117
48.62
(3) When the department, a county department
, or a child welfare agency
8issues a license to operate a foster home
or a treatment foster home, the department,
9county department
, or child welfare agency shall notify the clerk of the school district
10in which the foster home
or treatment foster home is located that a foster home
or
11treatment foster home has been licensed in the school district.
AB75, s. 1014
12Section
1014. 48.62 (4) of the statutes is amended to read:
AB75,559,313
48.62
(4) Monthly payments in foster care shall be provided according to the
14age-related rates specified in this subsection. Beginning on January 1,
2008 2010,
15the
age-related rates are
$333 $215 for care and maintenance provided by a relative
16of a child of any age and, for care and maintenance provided by a nonrelative, $366 17for a child under 5 years of age;
$363 $400 for a child 5 to 11 years of age;
$414 $455 18for a child 12 to 14 years of age; and
$432 $475 for a child 15 years of age or over.
19Beginning on January 1,
2009 2011, the
age-related rates are
$349 $215 for care and
20maintenance provided by a relative of a child of any age and, for care and
21maintenance provided by a nonrelative, $384 for a child under 5 years of age;
$381 22$420 for a child 5 to 11 years of age;
$433 $478 for a child 12 to 14 years of age; and
23$452 $499 for a child 15 years of age or over. In addition to these grants for basic
24maintenance, the department shall make supplemental payments for
special needs,
25exceptional circumstances, care in a treatment foster home, and initial clothing
1allowances foster care that are commensurate with the level of care that the foster
2home is licensed to provide and the needs of the child who is placed in the foster home 3according to
the rules promulgated by the department
under sub. (8) (c).
AB75, s. 1015
4Section
1015. 48.62 (5) (a) (intro.) of the statutes is amended to read:
AB75,559,135
48.62
(5) (a) (intro.) Subject to par. (d), a county department or, in a county
6having a population of 500,000 or more, the department shall provide monthly
7subsidized guardianship payments in the amount specified in par. (e) to a guardian
8of a child under s. 48.977 (2) or under a substantially similar tribal law or law of
9another state who was licensed as the child's foster parent
or treatment foster parent 10before the guardianship appointment and who has entered into a subsidized
11guardianship agreement with the county department or department if the guardian
12meets the conditions specified in par. (c) 1. and 2. and if the child meets any of the
13following conditions:
AB75, s. 1016
14Section
1016. 48.62 (5) (c) 2. of the statutes is amended to read:
AB75,559,2415
48.62
(5) (c) 2.
The A criminal history and child abuse record search is
16conducted under s. 48.685 and the county department or department
conducts a
17background investigation under s. 48.57 (3p) of the guardian or interim caretaker,
18the employees and prospective employees of the guardian or interim caretaker who
19have or would have regular contact with the child for whom the payments would be
20made, and any other adult resident, as defined in s. 48.57 (3p) (a), of the home of the
21guardian or interim caretaker and determines that
those individuals do not have any
22arrests or convictions that are likely to adversely affect the child or the ability of the
23guardian or interim caretaker to care for the child the requirements specified in s.
2448.685 have been met.
AB75, s. 1017
25Section
1017. 48.62 (5) (d) of the statutes is amended to read:
AB75,560,14
148.62
(5) (d) The department shall request from the secretary of the federal
2department of health and human services a waiver of the requirements under
42
3USC 670 to
679a that would authorize the state to receive federal foster care and
4adoption assistance reimbursement under
42 USC 670 to
679a for the costs of
5providing care for a child who is in the care of a guardian who was licensed as the
6child's foster parent or treatment foster parent before the guardianship appointment
7and who has entered into a subsidized guardianship agreement with the county
8department or department. If the waiver is approved for a county having a
9population of 500,000 or more, the department shall provide the monthly payments
10under par. (a) from the appropriations under s. 20.437 (1)
(cx), (gx), (kw), and (mx) 11(dd) and (pd). If the waiver is approved for any other county, the department shall
12determine which counties are authorized to provide monthly payments under par.
13(a) or (b), and the county departments of those counties shall provide those payments
14from moneys received under s. 48.569 (1) (d).
AB75, s. 1018
15Section
1018
. 48.62 (5) (d) of the statutes, as affected by 2009 Wisconsin Act
16.... (this act), is amended to read:
AB75,561,517
48.62
(5) (d) The department shall request from the secretary of the federal
18department of health and human services a waiver of the requirements under
42
19USC 670 to
679a that would authorize the state to receive federal foster care and
20adoption assistance reimbursement under
42 USC 670 to
679a for the costs of
21providing care for a child who is in the care of a guardian who was licensed as the
22child's foster parent
or treatment foster parent before the guardianship appointment
23and who has entered into a subsidized guardianship agreement with the county
24department or department. If the waiver is approved for a county having a
25population of 500,000 or more, the department shall provide the monthly payments
1under par. (a) from the appropriations under s. 20.437 (1) (dd) and (pd). If the waiver
2is approved for any other county, the department shall determine which counties are
3authorized to provide monthly payments under par. (a) or (b), and the county
4departments of those counties shall provide those payments from moneys received
5under s. 48.569 (1) (d).
AB75, s. 1019
6Section
1019. 48.62 (5) (e) of the statutes is amended to read:
AB75,561,127
48.62
(5) (e) The amount of a monthly payment under par. (a) or (b) for the care
8of a child shall equal the amount received under sub. (4) by the guardian of the child
9for the month immediately preceding the month in which the guardianship order
10was granted. A guardian or an interim caretaker who receives a monthly payment
11under par. (a) or (b) is not eligible to receive a payment under sub. (4)
or s. 48.57 (3m)
12or (3n).
AB75, s. 1020
13Section
1020. 48.62 (6) of the statutes is amended to read:
AB75,561,2114
48.62
(6) The department or a county department may recover an overpayment
15made under sub. (4) or (5) from a foster parent,
treatment foster parent, guardian,
16or interim caretaker who continues to receive
those payments
under sub. (4) or (5) 17by reducing the amount of the person's monthly payment. The department may by
18rule specify other methods for recovering
those overpayments
made under sub. (4)
19or (5). A county department that recovers an overpayment under this subsection due
20to the efforts of its officers and employees may retain a portion of the amount
21recovered, as provided by the department by rule.
AB75, s. 1021
22Section
1021. 48.62 (7) of the statutes is amended to read:
AB75,562,223
48.62
(7) In each federal fiscal year, the department shall ensure that there are
24no more than 2,200 children in foster care
and treatment foster care placements for
25more than 24 months, consistent with the best interests of each child. Services
1provided in connection with this requirement shall comply with the requirements
2under P.L.
96-272.
AB75, s. 1022
3Section
1022. 48.62 (8) of the statutes is created to read:
AB75,562,54
48.62
(8) The department shall promulgate rules relating to foster homes as
5follows:
AB75,562,116
(a) Rules providing levels of care that a foster home is licensed to provide.
7Those levels of care shall be based on the level of knowledge, skill, training,
8experience, and other qualifications that are required of the licensee, the level of
9responsibilities that are expected of the licensee, the needs of the children who are
10placed with the licensee, and any other requirements relating to the ability of the
11licensee to provide for those needs that the department may promulgate by rule.
AB75,562,1712
(b) Rules establishing a standardized assessment tool to assess the needs of a
13child placed or to be placed outside the home, to determine the level of care that is
14required to meet those needs, and to place the child in a placement that meets those
15needs. A foster home that is licensed to provide a given level of care under par. (a)
16may provide foster care for any child whose needs are assessed to be at or below the
17level of care that the foster home is licensed to provide.
AB75,562,2218
(c) Rules providing monthly rates of reimbursement for foster care that are
19commensurate with the level of care that the foster home is licensed to provide and
20the needs of the child who is placed in the foster home. Those rates shall include rates
21for supplemental payments for special needs, exceptional circumstances, and initial
22clothing allowances for children placed in a foster home.
AB75,562,2423
(d) Rules providing a monthly retainer fee for a foster home that agrees to
24maintain openings for emergency placements.
AB75, s. 1023
25Section
1023. 48.625 (3) of the statutes is amended to read:
AB75,563,2
148.625
(3) This section does not apply to a foster home licensed under s. 48.62
2(1)
(a) or to a treatment foster home licensed under s. 48.62 (1) (b).
AB75, s. 1024
3Section
1024. 48.627 (title) of the statutes is amended to read:
AB75,563,5
448.627 (title)
Foster, treatment foster and family-operated group home
5parent insurance and liability.
AB75, s. 1025
6Section
1025. 48.627 (2) (a) of the statutes is amended to read:
AB75,563,147
48.627
(2) (a) Before the department, a county department
, or a licensed child
8welfare agency may issue, renew
, or continue a foster home
, treatment foster home 9or family-operated group home license, the licensing agency shall require the
10applicant to furnish proof satisfactory to the licensing agency that he or she has
11homeowner's or renter's liability insurance that provides coverage for negligent acts
12or omissions by children placed in a foster home
, treatment foster home or
13family-operated group home that result in bodily injury or property damage to 3rd
14parties.
AB75, s. 1026
15Section
1026. 48.627 (2c) of the statutes is amended to read:
AB75,563,2416
48.627
(2c) The department shall determine the cost-effectiveness of
17purchasing private insurance that would provide coverage to foster
, treatment foster, 18and family-operated group home parents for acts or omissions by or affecting a child
19who is placed in a foster home
, a treatment foster home, or a family-operated group
20home. If this private insurance is cost-effective and available, the department shall
21purchase the insurance from the appropriations under s. 20.437 (1) (cf) and (pd). If
22the insurance is unavailable, payment of claims for acts or omissions by or affecting
23a child who is placed in a foster home
, a treatment foster home, or a family-operated
24group home shall be in accordance with subs. (2m) to (3).
AB75, s. 1027
25Section
1027. 48.627 (2m) of the statutes is amended to read:
AB75,564,7
148.627
(2m) Within the limits of the appropriations under s. 20.437 (1) (cf) and
2(pd), the department shall pay claims to the extent not covered by any other
3insurance and subject to the limitations specified in sub. (3), for bodily injury or
4property damage sustained by a licensed foster
, treatment foster, or family-operated
5group home parent or a member of the foster
, treatment foster, or family-operated
6group home parent's family as a result of the act of a child in the foster
, treatment
7foster, or family-operated group home parent's care.
AB75, s. 1028
8Section
1028. 48.627 (2s) (a) of the statutes is amended to read:
AB75,564,139
48.627
(2s) (a) Acts or omissions of the foster
, treatment foster or
10family-operated group home parent that result in bodily injury to the child who is
11placed in the foster home
, treatment foster home or family-operated group home or
12that form the basis for a civil action for damages by the foster child's parent against
13the foster
, treatment foster or family-operated group home parent.
AB75, s. 1029
14Section
1029. 48.627 (2s) (b) of the statutes is amended to read:
AB75,564,1815
48.627
(2s) (b) Bodily injury or property damage caused by an act or omission
16of a child who is placed in the foster
, treatment foster or family-operated group home
17parent's care for which the foster
, treatment foster or family-operated group home
18parent becomes legally liable.
AB75, s. 1030
19Section
1030. 48.627 (3) (b) of the statutes is amended to read:
AB75,564,2520
48.627
(3) (b) A claim under sub. (2m) shall be submitted to the department
21within 90 days after the bodily injury or property damage occurs. A claim under sub.
22(2s) shall be submitted within 90 days after a foster
, treatment foster or
23family-operated group home parent learns that a legal action has been commenced
24against that parent. No claim may be paid under this subsection unless it is
25submitted within the time limits specified in this paragraph.
AB75, s. 1031
1Section
1031. 48.627 (3) (d) of the statutes is amended to read:
AB75,565,72
48.627
(3) (d) No claim may be approved in an amount exceeding the total
3amount available for paying claims under this subsection in the fiscal year during
4which the claim is submitted. No claim for property damage sustained by a foster
,
5treatment foster or family-operated group home parent or a member of a foster
,
6treatment foster or family-operated group home parent's family may be approved in
7an amount exceeding $250,000.
AB75, s. 1032
8Section
1032. 48.627 (3) (e) of the statutes is amended to read: