48.57 (3m) (am) (intro.) From the appropriations appropriation under s. 20.435 (3) (cz) and (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $215 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:
9,1142g
Section 1142g. 48.57 (3m) (f) of the statutes is amended to read:
48.57 (3m) (f) Any person whose application for payments under par. (am) is not acted on promptly or is denied on the grounds that a condition any of the conditions specified in par. (am) 1., 2., 5. or to 6. has not been met and any person whose payments under par. (am) are discontinued under par. (d) may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.
9,1143d
Section 1143d. 48.57 (3n) (am) (intro.) of the statutes is amended to read:
48.57 (3n) (am) (intro.) From the appropriations appropriation under s. 20.435 (3) (cz) and (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make monthly payments for each child in the amount specified in sub. (3m) (am) (intro.) to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:
9,1145g
Section 1145g. 48.57 (3n) (f) of the statutes is amended to read:
48.57 (3n) (f) Any person whose application for payments under par. (am) is not acted on promptly or is denied on the grounds that a condition any of the conditions specified in par. (am) 1., 2., 5., 5m. or
to 5r. has not been met and any person whose payments under par. (am) are discontinued under par. (d) may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.
9,1145gm
Section 1145gm. 48.57 (3o) of the statutes is created to read:
48.57 (3o) (a) In this subsection:
1. "Kinship care relative" has the meaning given in sub. (3m) (a).
2. "Long-term kinship care relative" has the meaning given in sub. (3n) (a).
(b) From the appropriation under s. 20.435 (3) (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $215 per month to a kinship care relative or a long-term kinship care relative who is providing care and maintenance for a person if the person meets all of the following conditions:
1. The person is 18 years of age or over.
2. The person is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma.
3. The person has not been absent from that program without an acceptable excuse under ss. 118.15 and 118.16 (4) for part or all of any day on which that program is held during the month preceding the month in which a payment under this paragraph is payable.
4. The person received funding under sub. (3m) (am) or (3n) (am) immediately prior to the person's 18th birthday.
(c) The county department or department making payments under par. (b) shall monitor the classroom attendance of the person receiving care and maintenance under par. (b) and may require consent to the release of school attendance records, under s. 118.125 (2) (e), as a condition of eligibility for payments under par. (b).
(d) Subsection (3m) or (3n), whichever is applicable, and subs. (3p) and (3t) shall continue to apply to a kinship care relative, long-term kinship care relative and person receiving care and maintenance under par. (b) in the same manner as those subsections applied to those persons immediately prior to the 18th birthday of the person receiving that care and maintenance.
9,1145h
Section 1145h. 48.57 (3p) (fm) 1. of the statutes is amended to read:
48.57 (3p) (fm) 1. The county department or, in a county having a population of 500,000 or more, the department of health and family services may provisionally approve the making of payments under sub. (3m) based on the applicant's statement under sub. (3m) (am) 4m. The county department or department of health and family services may not finally approve the making of payments under sub. (3m) unless the county department or department of health and family services receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. or payment is approved under par. (h) 4. The county department or department of health and family services may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.
9,1145j
Section 1145j. 48.57 (3p) (g) (intro.) of the statutes is amended to read:
48.57 (3p) (g) (intro.) Except as provided in par. (h), the A county department or, in a county having a population of 500,000 or more, the department of health and family services may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:
9,1145m
Section 1145m. 48.57 (3p) (h) of the statutes is repealed.
9,1145p
Section 1145p. 48.57 (3t) of the statutes is amended to read:
48.57 (3t) Notwithstanding subs. (3m), (3n) and (3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe or band to allow that governing body to administer the program under subs. (3m), (3n) and (3p) within the boundaries of that reservation. Any agreement under this subsection relating to the administration of the program under sub. (3m) shall specify the person with whom a request for review under sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4. Any agreement under this subsection relating to the administration of the program under sub. (3n) shall specify who is to make any determination as to whether a conviction record is satisfactory.
9,1145t
Section 1145t. 48.57 (3t) of the statutes is amended to read:
48.57 (3t) Notwithstanding subs. (3m), (3n), (3o) and (3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe or band to allow that governing body to administer the program under subs. (3m), (3n), (3o) and (3p) within the boundaries of that reservation. Any agreement under this subsection relating to the administration of the program under sub. (3m) shall specify the person with whom a request for review under sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4. Any agreement under this subsection relating to the administration of the program under sub. (3n) shall specify who is to make any determination as to whether a conviction record is satisfactory.
9,1146dm
Section 1146dm. 48.60 (2) (d) of the statutes is amended to read:
48.60 (2) (d) A hospital, maternity hospital, maternity home, or nursing home or tuberculosis sanatorium licensed, approved or supervised by the department;
9,1147
Section
1147. 48.60 (2) (h) of the statutes is repealed.
9,1148
Section
1148. 48.62 (1) (a) of the statutes is amended to read:
48.62 (1) (a) Any person who receives, with or without transfer of legal custody, 4 or fewer children or more than 4 children if all of the children are siblings, if necessary to enable a sibling group to remain together, 6 or fewer children or, if the department promulgates rules permitting a different number of children, the number of children permitted under those rules, to provide care and maintenance for those children shall obtain a license to operate a foster home from the department, a county department or a licensed child welfare agency as provided in s. 48.75.
9,1148g
Section 1148g. 48.62 (4) of the statutes is amended to read:
48.62 (4) Monthly payments in foster care shall be provided according to the age-related rates specified in this subsection. Beginning on January 1, 1998
2000, the age-related rates are: $289 $299 for children aged 4 and under; $315 $326 for children aged 5 to 11; $358 $371 for children aged 12 to 14 and $374 $387 for children aged 15 to 17. Beginning on January 1, 1999 2001, the age-related rates are: $296 $302 for children aged 4 and under; $323 $329 for children aged 5 to 11; $367 $375 for children aged 12 to 14; and $383 $391 for children aged 15 to 17. In addition to these grants for basic maintenance, the department shall make supplemental payments for special needs, exceptional circumstances, care in a treatment foster home and initial clothing allowances according to rules promulgated by the department.
9,1148m
Section 1148m. 48.63 (3) of the statutes is amended to read:
48.63 (3) Subsection (1) does not apply to the placement of a child for adoption. Adoptive placements may be made only as provided under ss. 48.833 (1), 48.835, 48.837 and 48.839.
9,1148p
Section 1148p. 48.64 (1m) of the statutes is amended to read:
48.64 (1m) Foster home, treatment foster home and group home agreements. If an agency places a child in a foster home, treatment foster home or group home under a court order or voluntary agreement under s. 48.63, the agency shall enter into a written agreement with the head of the home. The agreement shall provide that the agency shall have access at all times to the child and the home, and that the child will be released to the agency whenever, in the opinion of the agency placing the child or the department, the best interests of the child require it. If a child has been in a foster home, treatment foster home or group home for 6 months or more, the agency shall give the head of the home written notice of intent to remove the child, stating the reasons for the removal. The child may not be removed before completion of the hearing under sub. (4) (a) or (c), if requested, or 30 days after the receipt of the notice, whichever is later, unless the safety of the child requires it or, in a case in which the reason for removal is to place the child for adoption under s. 48.833 (1), unless all of the persons who have the right to request a hearing under sub. (4) (a) or (c) sign written waivers of objection to the proposed removal. If the safety of the child requires earlier removal, s. 48.19 shall apply. If an agency removes a child from an adoptive placement, the head of the home shall have no claim against the placing agency for the expense of care, clothing or medical treatment.
9,1151d
Section 1151d. 48.651 (2m) of the statutes is amended to read:
48.651 (2m) Each county department shall provide the department with information about each person who is denied certification for a reason specified in s. 48.685 (2) (4m) (a) 1. to 5.
9,1153d
Section 1153d. 48.66 (1) of the statutes is renumbered 48.66 (1) (a) and amended to read:
48.66 (1) (a) Except as provided under
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.
(b) Except as provided under in s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured child caring institution, as defined in s. 938.02 (15g), for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h) or (4m) and referred to the child welfare agency by the court or the department of corrections and to provide supervision, care and maintenance for those juveniles. The department of corrections may also license not more than 5 county departments, as defined in s. 938.02 (2g), or not more than 5 consortia of county departments to operate not more than 5 group homes that have been licensed under par. (a) as secured group homes, as defined in s. 938.02 (15p), for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4m) and referred to the county department by the court and to provide supervision, care and maintenance for those juveniles.
(c) A license issued under this subsection par. (a) or (b), other than a license to operate a foster home, treatment foster home or, secured child caring institution or secured group home, is valid until revoked or suspended. A license issued under this subsection to operate a foster home, treatment foster home or, secured child caring institution or secured group home may be for any term not to exceed 2 years from the date of issuance. No license issued under this subsection par. (a) or (b) is transferable.
9,1153m
Section 1153m. 48.66 (2) of the statutes is amended to read:
48.66 (2) The department shall prescribe application forms to be used by all applicants for licenses from it. The application forms prescribed by the department shall require that the social security numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility or day care center who are individuals, other than an individual who does not have a social security number and who submits a statement made or subscribed under oath or affirmation as required under sub. (2m) (a) 2., be provided and that the federal employer identification numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility or day care center who are not individuals be provided.
9,1154c
Section 1154c. 48.66 (2m) (a) of the statutes is renumbered 48.66 (2m) (a) 1. and amended to read:
48.66 (2m) (a) 1. The Except as provided in subd. 2., the department of health and family services shall require each applicant for a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center who is an individual to provide that department with the applicant's social security number, and shall require each applicant for a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center who is not an individual to provide that department with the applicant's federal employer identification number, when initially applying for or applying to continue the license.
9,1154d
Section 1154d. 48.66 (2m) (a) 1. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:
48.66 (2m) (a) 1. Except as provided in subd. 2., the department of health and family services shall require each applicant for a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility or day care center who is an individual to provide that department with the applicant's social security number, and shall require each applicant for a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility or day care center who is not an individual to provide that department with the applicant's federal employer identification number, when initially applying for or applying to continue the license.
9,1154g
Section 1154g. 48.66 (2m) (a) 2. of the statutes is created to read:
48.66 (2m) (a) 2. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department of health and family services that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license issued in reliance upon a false statement submitted under this subdivision is invalid.
9,1155c
Section 1155c. 48.66 (2m) (am) of the statutes is renumbered 48.66 (2m) (am) 1. and amended to read:
48.66 (2m) (am) 1. The Except as provided in subd. 2., the department of corrections shall require each applicant for a license under sub. (1) to operate a secured child caring institution who is an individual to provide that department with the applicant's social security number when initially applying for or applying to renew the license.
9,1155d
Section 1155d. 48.66 (2m) (am) 1. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:
48.66 (2m) (am) 1. Except as provided in subd. 2., the department of corrections shall require each applicant for a license under sub. (1) (b) to operate a secured child caring institution who is an individual to provide that department with the applicant's social security number when initially applying for or applying to renew the license.
9,1155g
Section 1155g. 48.66 (2m) (am) 2. of the statutes is created to read:
48.66 (2m) (am) 2. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department of corrections that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license issued in reliance upon a false statement submitted under this subdivision is invalid.
9,1156c
Section 1156c. 48.66 (2m) (b) of the statutes is amended to read:
48.66 (2m) (b) The If an applicant who is an individual fails to provide the applicant's social security number to the department of health and family services or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to that department, that department of health and family services may not issue or continue a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center to or for an the applicant who is an individual unless the applicant has provided the applicant's is an individual who does not have a social security number to that department and may not issue or continue a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to that department and the applicant submits a statement made or subscribed under oath or affirmation as required under par. (a) 2.
9,1156d
Section 1156d. 48.66 (2m) (b) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:
48.66 (2m) (b) If an applicant who is an individual fails to provide the applicant's social security number to the department of health and family services or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to that department, that department may not issue or continue a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility or day care center to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under par. (a) 2.
9,1157c
Section 1157c. 48.66 (2m) (bm) of the statutes is amended to read:
48.66 (2m) (bm) The If an applicant who is an individual fails to provide the applicant's social security number to the department of corrections, that department of corrections may not issue or renew a license under sub. (1) to operate a secured child caring institution to or for an the applicant who is an individual unless the applicant has provided the applicant's does not have a social security number to that department and the applicant submits a statement made or subscribed under oath or affirmation as required under par. (am) 2.
9,1157d
Section 1157d. 48.66 (2m) (bm) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:
48.66 (2m) (bm) If an applicant who is an individual fails to provide the applicant's social security number to the department of corrections, that department may not issue or renew a license under sub. (1) (b) to operate a secured child caring institution to or for the applicant unless the applicant does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under par. (am) 2.
9,1157m
Section 1157m. 48.66 (2m) (c) of the statutes is amended to read:
48.66 (2m) (c) The department of health and family services may not disclose any information obtained under par. (a) 1. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or on the request of the department of workforce development under s. 49.22 (2m).
9,1157p
Section 1157p. 48.66 (2m) (cm) of the statutes is amended to read:
48.66 (2m) (cm) The department of corrections may not disclose any information obtained under par. (am) 1. to any person except on the request of the department of workforce development under s. 49.22 (2m).
9,1158d
Section 1158d. 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 employe of the applicant, that constitutes a substantial failure by the applicant or employe 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.
9,1159d
Section 1159d. 48.685 (1) (a) of the statutes is renumbered 48.685 (1) (am).
9,1159g
Section 1159g. 48.685 (1) (ag) of the statutes is created to read:
48.685 (1) (ag) 1. "Caregiver" means any of the following:
a. A person who is, or is expected to be, an employe or contractor of an entity, who is or is expected to be under the control of the entity, as defined by the department by rule, and who has, or is expected to have, regular, direct contact with clients of the entity.
b. A person who has, or is seeking, a license, certification or contract to operate an entity.
2. "Caregiver" does not include a person who is certified as an emergency medical technician under s. 146.50 if the person is employed, or seeking employment, as an emergency medical technician.
9,1159m
Section 1159m. 48.685 (1) (ar) of the statutes is created to read:
48.685 (1) (ar) "Contractor" means, with respect to an entity, a person, or that person's agent, who provides services to the entity under an express or implied contract or subcontract, including a person who has staff privileges at the entity.
9,1159p
Section 1159p. 48.685 (1) (av) of the statutes is created to read:
48.685 (1) (av) "Direct contact" means face-to-face physical proximity to a client that affords the opportunity to commit abuse or neglect of a client or to misappropriate the property of a client.
9,1159r
Section 1159r. 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 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); or a day care provider that is certified under s. 48.651; or a temporary employment agency that provides caregivers to another entity.
9,1160d
Section 1160d. 48.685 (1) (bg) of the statutes is amended to read:
48.685 (1) (bg) "Foster home" includes a placement for adoption under s. 48.833 (1) of a child for whom adoption assistance will be provided under s. 48.975 after the adoption is finalized.
9,1160e
Section 1160e. 48.685 (1) (bm) of the statutes is created to read:
48.685 (1) (bm) "Nonclient resident" means a person who resides, or is expected to reside, at an entity, who is not a client of the entity and who has, or is expected to have, regular, direct contact with clients of the entity.
9,1160em
Section 1160em. 48.685 (1) (br) of the statutes is created to read:
