48.62(5)(a)1.
1. The child has been placed outside of his or her home, as described in
s. 48.365 (1), for a cumulative total period of one year or longer, the court has found that the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home, while assuring that the child's health and safety are the paramount concerns, but that reunification of the child with the child's parent or parents is unlikely or contrary to the best interests of the child and that further reunification efforts are unlikely to be made or are contrary to the best interests of the child, or that any of the circumstances specified in
s. 48.355 (2d) (b) 1. to
5. apply, and the court has found that appointment of a guardian for the child is in the best interests of the child.
48.62(5)(a)2.
2. The child does not meet the conditions specified in
subd. 1., but the county department or department has determined, and a court has confirmed under
s. 48.977 (3r) or under a substantially similar tribal law or law of another state, that appointing a guardian for the child and providing monthly subsidized guardianship payments to the guardian are in the best interests of the child.
48.62(5)(b)
(b) Subject to
par. (d), on the death, incapacity, resignation, or removal of a guardian receiving payments under
par. (a), 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) for a period of up to 12 months to an interim caretaker who meets all of the conditions specified in
par. (c).
48.62(5)(c)
(c) A county department or, in a county having a population of 500,000 or more, the department may not provide monthly subsidized guardianship payments under
par. (a) or
(b) unless all of the following conditions are met:
48.62(5)(c)1.
1. The county department or department inspects the home of the guardian or interim caretaker, interviews the guardian or interim caretaker, and determines that placement of the child with the guardian or interim caretaker is in the best interests of the child.
48.62(5)(c)2.
2. 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.
48.62(5)(c)3.
3. In the case of an interim caretaker, the interim caretaker cooperates with the county department or department in finding a permanent placement for the child.
48.62(5)(d)
(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).
Effective date note
NOTE: Par. (d) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(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 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).
48.62(5)(e)
(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).
48.62(6)
(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 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 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.
Effective date note
NOTE: Sub. (6) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(6) The department or a county department may recover an overpayment made under sub. (4) or (5) from a foster parent, guardian, or interim caretaker who continues to receive those payments by reducing the amount of the person's monthly payment. The department may by rule specify other methods for recovering those overpayments. 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.
48.62(7)
(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.
Effective date note
NOTE: Sub. (7) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(7) In each federal fiscal year, the department shall ensure that there are no more than 2,200 children in 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.
48.62(8)
(8) The department shall promulgate rules relating to foster homes as follows:
48.62(8)(a)
(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.
48.62(8)(b)
(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 certified 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 certified to provide. A foster home that is certified to provide a given level of care under
par. (a) may not provide foster care for any child whose needs are assessed to be above that level of care unless the department, county department, or child welfare agency issuing the foster home license determines that support or services sufficient to meet the child's needs are in place and grants an exception to that prohibition.
48.62(8)(c)
(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 that is receiving an age-related monthly rate under
sub. (4). In promulgating the rules under this paragraph, the department shall provide a mechanism for equalizing the amount of reimbursement received by a foster parent prior to the promulgation of those rules and the amount of reimbursement received by a foster parent under those rules so as to reduce the amount of any reimbursement that may be lost as a result of the implementation of those rules.
48.62(8)(d)
(d) Rules providing a monthly retainer fee for a foster home that agrees to maintain openings for emergency placements.
48.62(9)
(9) As soon as the department is ready to implement the rules promulgated under
sub. (8), the secretary shall send a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register that states the date on which the provisions of
2009 Wisconsin Act 28, relating to foster care levels of care will become effective.
48.62 History
History: 1977 c. 354 s.
101;
1977 c. 418,
447;
1981 c. 20;
1985 a. 29 s.
3202 (23);
1985 a. 176,
281,
332,
403;
1989 a. 31,
336;
1993 a. 395 ss.
31m,
39;
1993 a. 437 s.
67;
1993 a. 446 ss.
79 to
82,
134m;
1993 a. 491;
1995 a. 275;
1997 a. 27,
334;
1999 a. 9;
2001 a. 69;
2005 a. 25,
232,
387;
2007 a. 20 ss.
810,
1322,
1323;
2009 a. 28,
71.
48.62 Cross-reference
Cross-reference: See also ch.
DCF 56, Wis. adm. code.
48.62 Annotation
A foster child in a family owned foster home under a one-year dispositional order is a resident of the household for insurance purposes. A. G. v. Travelers Insurance Co.
112 Wis. 2d 18,
331 N.W.2d 643 (Ct. App. 1983).
48.62 Annotation
Foster homes owned, operated, or contracted for by the department or a county department are immune from local zoning ordinances. Foster homes owned, operated, or contracted for by licensed child welfare agencies are not immune. All family operated foster homes are subject to local zoning. Municipal foster home licensing ordinances are unenforceable. 63 Atty. Gen. 34.
48.62 Annotation
State-licensed foster homes are immune from local zoning ordinances restricting the number of unrelated occupants of single family dwellings. 66 Atty. Gen. 342.
48.625
48.625
Licensing of group homes; fees. 48.625(1)
(1) Any person who receives, with or without transfer of legal custody, 5 to 8 children, not including children who under
sub. (1m) are not counted toward that number, to provide care and maintenance for those children shall obtain a license to operate a group home from the department. To obtain a license under this subsection to operate a group home, a person must meet the determination of need requirement under
sub. (1g), meet the minimum requirements for a license established by the department under
s. 48.67, meet the requirements specified in
s. 48.685, and pay the license fee under
sub. (2). A license issued under this subsection is valid until revoked or suspended, but shall be reviewed every 2 years as provided in
s. 48.66 (5).
48.625(1g)
(1g) No person may apply for a license under
sub. (1) to operate a new group home or for an amendment to a license under
sub. (1) that would increase the bed capacity of an existing group home until the department has reviewed the need for the additional placement resources that would be made available by the issuance or amendment of the license and has certified in writing that a need exists for the proposed additional placement resources. The department shall promulgate rules to implement this subsection.
48.625(1m)
(1m) The department may issue a license under
sub. (1) authorizing a group home solely to provide a safe and structured living arrangement for children 12 years of age or over who are custodial parents, as defined in
s. 49.141 (1) (b), or expectant mothers and who are placed in the group home under
s. 48.345 (3) (cm) or
938.34 (3) (cm) and for children 14 years of age or over who are custodial parents, as defined in
s. 49.141 (1) (b), or expectant mothers and who are placed in the group home under voluntary agreements under
s. 48.63 (5), and to provide those children with training in parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote the long-term economic independence of those children and the well-being of the children of those children. In licensing a group home described in this subsection, the department may not count toward the number of children whom the group home is licensed to serve the child of a child who is placed in the group home. The department shall promulgate rules establishing standards for a group home described in this subsection. Those rules shall require such a group home to provide for the health, safety, and welfare of the child of any child custodial parent who has been placed in that group home and to have a policy governing visitation between such a child and the child's noncustodial parent.
48.625(2)(a)(a) Before the department may issue a license under
sub. (1) to a group home, the group home must pay to the department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on the number of children that the group home is licensed to serve. A group home that wishes to continue a license issued under
sub. (1) shall pay the fee under this paragraph by the continuation date of the license. A new group home shall pay the fee under this paragraph no later than 30 days before the opening of the group home.
48.625(2)(b)
(b) A group home that wishes to continue a license issued under
sub. (1) and that fails to pay the fee under
par. (a) by the continuation date of the license or a new group home that fails to pay the fee under
par. (a) by 30 days before the opening of the group home shall pay an additional fee of $5 per day for every day after the deadline that the group home fails to pay the fee.
48.625(2m)
(2m) When the department issues a license to operate a group home, the department shall notify the clerk of the school district in which the group home is located that a group home has been licensed in the school district.
Effective date note
NOTE: Sub. (3) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(3) This section does not apply to a foster home licensed under s. 48.62 (1).
48.627
48.627
Foster, treatment foster and family-operated group home parent insurance and liability. 48.627(1)
(1) In this section, "family-operated group home" means a home licensed under
s. 48.625 for which the licensee is one or more individuals who operate not more than one group home.
Effective date note
NOTE: Section 48.627 (title) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
48.627 Foster and family-operated group home parent insurance and liability.
48.627(2)(a)(a) Before the department, a county department or a licensed child welfare agency may issue, renew or continue a foster home, treatment foster home or family-operated group home license, the licensing agency shall require the applicant to furnish proof satisfactory to the licensing agency that he or she has homeowner's or renter's liability insurance that provides coverage for negligent acts or omissions by children placed in a foster home, treatment foster home or family-operated group home that result in bodily injury or property damage to 3rd parties.
Effective date note
NOTE: Par. (a) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(a) Before the department, a county department, or a licensed child welfare agency may issue, renew, or continue a foster home or family-operated group home license, the licensing agency shall require the applicant to furnish proof satisfactory to the licensing agency that he or she has homeowner's or renter's liability insurance that provides coverage for negligent acts or omissions by children placed in a foster home or family-operated group home that result in bodily injury or property damage to 3rd parties.
48.627(2)(b)
(b) A licensing agency may, in accordance with rules promulgated by the department, waive the requirement under
par. (a) if the applicant shows that he or she is unable to obtain the required insurance, that he or she has had a homeowner's or renter's liability insurance policy canceled or that payment of the premium for the required insurance would cause undue financial hardship.
48.627(2)(c)
(c) The department shall conduct a study to determine the cost-effectiveness of purchasing insurance to provide standard homeowner's or renter's liability insurance coverage for applicants who are granted a waiver under
par. (b). If the department determines that it would be cost-effective to purchase such insurance, it may purchase the insurance from the appropriations under
s. 20.437 (1) (cf) and
(pd).
48.627(2)(d)
(d) The licensing agency shall specify the amounts of liability insurance coverage required under
par. (a).
48.627(2c)
(2c) The department shall determine the cost-effectiveness of purchasing private insurance that would provide coverage to foster, treatment foster, and family-operated group home parents for acts or omissions by or affecting a child who is placed in a foster home, a treatment foster home, or a family-operated group home. If this private insurance is cost-effective and available, the department shall purchase the insurance from the appropriations under
s. 20.437 (1) (cf) and
(pd). If the insurance is unavailable, payment of claims for acts or omissions by or affecting a child who is placed in a foster home, a treatment foster home, or a family-operated group home shall be in accordance with
subs. (2m) to
(3).
Effective date note
NOTE: Sub. (2c) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(2c) The department shall determine the cost-effectiveness of purchasing private insurance that would provide coverage to foster and family-operated group home parents for acts or omissions by or affecting a child who is placed in a foster home or a family-operated group home. If this private insurance is cost-effective and available, the department shall purchase the insurance from the appropriations under s. 20.437 (1) (cf) and (pd). If the insurance is unavailable, payment of claims for acts or omissions by or affecting a child who is placed in a foster home or a family-operated group home shall be in accordance with subs. (2m) to (3).
48.627(2m)
(2m) Within the limits of the appropriations under
s. 20.437 (1) (cf) and
(pd), the department shall pay claims to the extent not covered by any other insurance and subject to the limitations specified in
sub. (3), for bodily injury or property damage sustained by a licensed foster, treatment foster, or family-operated group home parent or a member of the foster, treatment foster, or family-operated group home parent's family as a result of the act of a child in the foster, treatment foster, or family-operated group home parent's care.
Effective date note
NOTE: Sub. (2m) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(2m) Within the limits of the appropriations under s. 20.437 (1) (cf) and (pd), the department shall pay claims to the extent not covered by any other insurance and subject to the limitations specified in sub. (3), for bodily injury or property damage sustained by a licensed foster or family-operated group home parent or a member of the foster or family-operated group home parent's family as a result of the act of a child in the foster or family-operated group home parent's care.
48.627(2s)
(2s) Within the limits of the appropriations under
s. 20.437 (1) (cf) and
(pd), the department may pay claims to the extent not covered by any other insurance and subject to the limitations specified in
sub. (3), for all of the following:
48.627(2s)(a)
(a) Acts or omissions of the foster, treatment foster or family-operated group home parent that result in bodily injury to the child who is placed in the foster home, treatment foster home or family-operated group home or that form the basis for a civil action for damages by the foster child's parent against the foster, treatment foster or family-operated group home parent.
Effective date note
NOTE: Par. (a) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(a) Acts or omissions of the foster or family-operated group home parent that result in bodily injury to the child who is placed in the foster home or family-operated group home or that form the basis for a civil action for damages by the foster child's parent against the foster or family-operated group home parent.
48.627(2s)(b)
(b) Bodily injury or property damage caused by an act or omission of a child who is placed in the foster, treatment foster or family-operated group home parent's care for which the foster, treatment foster or family-operated group home parent becomes legally liable.
Effective date note
NOTE: Par. (b) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(b) Bodily injury or property damage caused by an act or omission of a child who is placed in the foster or family-operated group home parent's care for which the foster or family-operated group home parent becomes legally liable.
48.627(3)(b)(b) A claim under
sub. (2m) shall be submitted to the department within 90 days after the bodily injury or property damage occurs. A claim under
sub. (2s) shall be submitted within 90 days after a foster, treatment foster or family-operated group home parent learns that a legal action has been commenced against that parent. No claim may be paid under this subsection unless it is submitted within the time limits specified in this paragraph.
Effective date note
NOTE: Par. (b) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(b) A claim under sub. (2m) shall be submitted to the department within 90 days after the bodily injury or property damage occurs. A claim under sub. (2s) shall be submitted within 90 days after a foster or family-operated group home parent learns that a legal action has been commenced against that parent. No claim may be paid under this subsection unless it is submitted within the time limits specified in this paragraph.
48.627(3)(c)
(c) The department shall review and approve in whole or in part or disapprove all claims received under this subsection during each 3-month period beginning with the period from July 1, 1985, to September 30, 1985.
48.627(3)(d)
(d) No claim may be approved in an amount exceeding the total amount available for paying claims under this subsection in the fiscal year during which the claim is submitted. No claim for property damage sustained by a foster, treatment foster or family-operated group home parent or a member of a foster, treatment foster or family-operated group home parent's family may be approved in an amount exceeding $250,000.
Effective date note
NOTE: Par. (d) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(d) No claim may be approved in an amount exceeding the total amount available for paying claims under this subsection in the fiscal year during which the claim is submitted. No claim for property damage sustained by a foster or family-operated group home parent or a member of a foster or family-operated group home parent's family may be approved in an amount exceeding $250,000.
48.627(3)(e)
(e) The department may not approve a claim unless the foster, treatment foster or family-operated group home parent submits with the claim evidence that is satisfactory to the department of the cause and value of the claim and evidence that insurance coverage is unavailable or inadequate to cover the claim. If insurance is available but inadequate, the department may approve a claim only for the amount of the value of the claim that it determines is in excess of the amount covered by insurance.
Effective date note
NOTE: Par. (e) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(e) The department may not approve a claim unless the foster or family-operated group home parent submits with the claim evidence that is satisfactory to the department of the cause and value of the claim and evidence that insurance coverage is unavailable or inadequate to cover the claim. If insurance is available but inadequate, the department may approve a claim only for the amount of the value of the claim that it determines is in excess of the amount covered by insurance.
48.627(3)(f)
(f) If the total amount of the claims approved during any calendar quarter exceeds 25% of the total funds available during the fiscal year for purposes of this subsection plus any unencumbered funds remaining from the previous quarter, the department shall prorate the available funds among the claimants with approved claims. The department shall also prorate any unencumbered funds remaining in the appropriation under
s. 20.437 (1) (cf) at the end of each fiscal year among the claimants whose claims were prorated during the fiscal year. Payment of a prorated amount from unencumbered funds remaining at the end of the fiscal year constitutes a complete payment of the claim for purposes of this program, but does not prohibit a foster parent or treatment foster parent from submitting a claim under
s. 16.007 for the unpaid portion.
Effective date note
NOTE: Par. (f) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(f) If the total amount of the claims approved during any calendar quarter exceeds 25% of the total funds available during the fiscal year for purposes of this subsection plus any unencumbered funds remaining from the previous quarter, the department shall prorate the available funds among the claimants with approved claims. The department shall also prorate any unencumbered funds remaining in the appropriation under s. 20.437 (1) (cf) at the end of each fiscal year among the claimants whose claims were prorated during the fiscal year. Payment of a prorated amount from unencumbered funds remaining at the end of the fiscal year constitutes a complete payment of the claim for purposes of this program, but does not prohibit a foster parent or family-operated group home parent from submitting a claim under s. 16.007 for the unpaid portion.
48.627(3)(g)
(g) A claimant whose claim is denied or whose payment is prorated is not entitled to a hearing under
ch. 227 on the issue of the denial or proration.
48.627(3)(h)
(h) If a claim by a foster, treatment foster or family-operated group home parent or a member of the foster, treatment foster or family-operated group home parent's family is approved, the department shall deduct from the amount approved $100 less any amount deducted by an insurance company from a payment for the same claim, except that a foster, treatment foster or family-operated group home parent and his or her family are subject to only one deductible for all claims filed in a fiscal year.
Effective date note
NOTE: Par. (h) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(h) If a claim by a foster or family-operated group home parent or a member of the foster or family-operated group home parent's family is approved, the department shall deduct from the amount approved $100 less any amount deducted by an insurance company from a payment for the same claim, except that a foster or family-operated group home parent and his or her family are subject to only one deductible for all claims filed in a fiscal year.
48.627(3)(i)
(i) The department may enter into a contract for the administration of this subsection.
48.627(4)
(4) Except as provided in
s. 895.485, the department is not liable for any act or omission by or affecting a child who is placed in a foster home, treatment foster home, or family-operated group home, but shall, as provided in this section, pay claims described under
sub. (2m) and may pay claims described under
sub. (2s) or may purchase insurance to cover such claims as provided for under
sub. (2c), within the limits of the appropriations under
s. 20.437 (1) (cf) and
(pd).
Effective date note
NOTE: Sub. (4) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(4) Except as provided in s. 895.485, the department is not liable for any act or omission by or affecting a child who is placed in a foster home or family-operated group home, but shall, as provided in this section, pay claims described under sub. (2m) and may pay claims described under sub. (2s) or may purchase insurance to cover such claims as provided for under sub. (2c), within the limits of the appropriations under s. 20.437 (1) (cf) and (pd).
48.627(5)
(5) The attorney general may represent a foster, treatment foster or family-operated group home parent in any civil action arising out of an act or omission of the foster, treatment foster or family-operated group home parent while acting in his or her capacity as a foster, treatment foster or family-operated group home parent.
Effective date note
NOTE: Sub. (5) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(5) The attorney general may represent a foster or family-operated group home parent in any civil action arising out of an act or omission of the foster or family-operated group home parent while acting in his or her capacity as a foster or family-operated group home parent.
