AB75-SSA1, s. 1010 8Section 1010. 48.62 (1) (a) of the statutes is renumbered 48.62 (1).
AB75-SSA1, s. 1011 9Section 1011. 48.62 (1) (b) of the statutes is repealed.
AB75-SSA1, s. 1012 10Section 1012. 48.62 (2) of the statutes is amended to read:
AB75-SSA1,507,2511 48.62 (2) A relative,, or a guardian of a child who provides care and
12maintenance for the child is not required to obtain the license specified in this
13section. The department, county department, or licensed child welfare agency as
14provided in s. 48.75 may issue a license to operate a foster home or a treatment foster
15home
to a relative who has no duty of support under s. 49.90 (1) (a) and who requests
16a license to operate a foster home or treatment foster home for a specific child who
17is either placed by court order or who is the subject of a voluntary placement
18agreement under s. 48.63. The department, a county department, or a licensed child
19welfare agency may, at the request of a guardian appointed under s. 48.977 or 48.978,
20ch. 54, or ch. 880, 2003 stats., license the guardian's home as a foster home or
21treatment foster home
for the guardian's minor ward who is living in the home and
22who is placed in the home by court order. Relatives with no duty of support and
23guardians appointed under s. 48.977 or 48.978, ch. 54, or ch. 880, 2003 stats., who
24are licensed to operate foster homes or treatment foster homes are subject to the
25department's licensing rules.
AB75-SSA1, s. 1013
1Section 1013. 48.62 (3) of the statutes is amended to read:
AB75-SSA1,508,62 48.62 (3) When the department, a county department , or a child welfare agency
3issues a license to operate a foster home or a treatment foster home, the department,
4county department, or child welfare agency shall notify the clerk of the school district
5in which the foster home or treatment foster home is located that a foster home or
6treatment foster home
has been licensed in the school district.
AB75-SSA1, s. 1014d 7Section 1014d. 48.62 (4) of the statutes is amended to read:
AB75-SSA1,508,238 48.62 (4) Monthly payments in foster care shall be provided according to the
9age-related rates specified in this subsection. Beginning on January 1, 2008 2010,
10the age-related rates are $333 $215 for care and maintenance provided by a relative
11of a child of any age and, for care and maintenance provided by a nonrelative, $349

12for a child under 5 years of age; $363 $381 for a child 5 to 11 years of age; $414 $433
13for a child 12 to 14 years of age; and $432 $452 for a child 15 years of age or over.
14Beginning on January 1, 2009 2011, the age-related rates are $349 $220 for care and
15maintenance provided by a relative of a child of any age and, for care and
16maintenance provided by a nonrelative, $366
for a child under 5 years of age; $381
17$400 for a child 5 to 11 years of age; $433 $455 for a child 12 to 14 years of age; and
18$452 $475 for a child 15 years of age or over. In addition to these grants for basic
19maintenance, the department shall make supplemental payments for special needs,
20exceptional circumstances, care in a treatment foster home, and initial clothing
21allowances
foster care that are commensurate with the level of care that the foster
22home is licensed to provide and the needs of the child who is placed in the foster home

23according to the rules promulgated by the department under sub. (8) (c).
AB75-SSA1, s. 1015 24Section 1015. 48.62 (5) (a) (intro.) of the statutes is amended to read:
AB75-SSA1,509,9
148.62 (5) (a) (intro.) Subject to par. (d), a county department or, in a county
2having a population of 500,000 or more, the department shall provide monthly
3subsidized guardianship payments in the amount specified in par. (e) to a guardian
4of a child under s. 48.977 (2) or under a substantially similar tribal law or law of
5another state who was licensed as the child's foster parent or treatment foster parent
6before the guardianship appointment and who has entered into a subsidized
7guardianship agreement with the county department or department if the guardian
8meets the conditions specified in par. (c) 1. and 2. and if the child meets any of the
9following conditions:
AB75-SSA1, s. 1016 10Section 1016. 48.62 (5) (c) 2. of the statutes is amended to read:
AB75-SSA1,509,2011 48.62 (5) (c) 2. The A criminal history and child abuse record search is
12conducted under s. 48.685 and the
county department or department conducts a
13background investigation under s. 48.57 (3p) of the guardian or interim caretaker,
14the employees and prospective employees of the guardian or interim caretaker who
15have or would have regular contact with the child for whom the payments would be
16made, and any other adult resident, as defined in s. 48.57 (3p) (a), of the home of the
17guardian or interim caretaker and
determines that those individuals do not have any
18arrests or convictions that are likely to adversely affect the child or the ability of the
19guardian or interim caretaker to care for the child
the requirements specified in s.
2048.685 have been met
.
AB75-SSA1, s. 1017 21Section 1017. 48.62 (5) (d) of the statutes is amended to read:
AB75-SSA1,510,1022 48.62 (5) (d) The department shall request from the secretary of the federal
23department of health and human services a waiver of the requirements under 42
24USC 670
to 679a that would authorize the state to receive federal foster care and
25adoption assistance reimbursement under 42 USC 670 to 679a for the costs of

1providing care for a child who is in the care of a guardian who was licensed as the
2child's foster parent or treatment foster parent before the guardianship appointment
3and who has entered into a subsidized guardianship agreement with the county
4department or department. If the waiver is approved for a county having a
5population of 500,000 or more, the department shall provide the monthly payments
6under par. (a) from the appropriations under s. 20.437 (1) (cx), (gx), (kw), and (mx)
7(dd) and (pd). If the waiver is approved for any other county, the department shall
8determine which counties are authorized to provide monthly payments under par.
9(a) or (b), and the county departments of those counties shall provide those payments
10from moneys received under s. 48.569 (1) (d).
AB75-SSA1, s. 1018 11Section 1018 . 48.62 (5) (d) of the statutes, as affected by 2009 Wisconsin Act
12.... (this act), is amended to read:
AB75-SSA1,511,213 48.62 (5) (d) The department shall request from the secretary of the federal
14department of health and human services a waiver of the requirements under 42
15USC 670
to 679a that would authorize the state to receive federal foster care and
16adoption assistance reimbursement under 42 USC 670 to 679a for the costs of
17providing care for a child who is in the care of a guardian who was licensed as the
18child's foster parent or treatment foster parent before the guardianship appointment
19and who has entered into a subsidized guardianship agreement with the county
20department or department. If the waiver is approved for a county having a
21population of 500,000 or more, the department shall provide the monthly payments
22under par. (a) from the appropriations under s. 20.437 (1) (dd) and (pd). If the waiver
23is approved for any other county, the department shall determine which counties are
24authorized to provide monthly payments under par. (a) or (b), and the county

1departments of those counties shall provide those payments from moneys received
2under s. 48.569 (1) (d).
AB75-SSA1, s. 1019 3Section 1019. 48.62 (5) (e) of the statutes is amended to read:
AB75-SSA1,511,94 48.62 (5) (e) The amount of a monthly payment under par. (a) or (b) for the care
5of a child shall equal the amount received under sub. (4) by the guardian of the child
6for the month immediately preceding the month in which the guardianship order
7was granted. A guardian or an interim caretaker who receives a monthly payment
8under par. (a) or (b) is not eligible to receive a payment under sub. (4) or s. 48.57 (3m)
9or (3n)
.
AB75-SSA1, s. 1020 10Section 1020. 48.62 (6) of the statutes is amended to read:
AB75-SSA1,511,1811 48.62 (6) The department or a county department may recover an overpayment
12made under sub. (4) or (5) from a foster parent, treatment foster parent, guardian,
13or interim caretaker who continues to receive those payments under sub. (4) or (5)
14by reducing the amount of the person's monthly payment. The department may by
15rule specify other methods for recovering those overpayments made under sub. (4)
16or (5)
. A county department that recovers an overpayment under this subsection due
17to the efforts of its officers and employees may retain a portion of the amount
18recovered, as provided by the department by rule.
AB75-SSA1, s. 1021 19Section 1021. 48.62 (7) of the statutes is amended to read:
AB75-SSA1,511,2420 48.62 (7) In each federal fiscal year, the department shall ensure that there are
21no more than 2,200 children in foster care and treatment foster care placements for
22more than 24 months, consistent with the best interests of each child. Services
23provided in connection with this requirement shall comply with the requirements
24under P.L. 96-272.
AB75-SSA1, s. 1022 25Section 1022. 48.62 (8) of the statutes is created to read:
AB75-SSA1,512,2
148.62 (8) The department shall promulgate rules relating to foster homes as
2follows:
AB75-SSA1,512,83 (a) Rules providing levels of care that a foster home is licensed to provide.
4Those levels of care shall be based on the level of knowledge, skill, training,
5experience, and other qualifications that are required of the licensee, the level of
6responsibilities that are expected of the licensee, the needs of the children who are
7placed with the licensee, and any other requirements relating to the ability of the
8licensee to provide for those needs that the department may promulgate by rule.
AB75-SSA1,512,149 (b) Rules establishing a standardized assessment tool to assess the needs of a
10child placed or to be placed outside the home, to determine the level of care that is
11required to meet those needs, and to place the child in a placement that meets those
12needs. A foster home that is licensed to provide a given level of care under par. (a)
13may provide foster care for any child whose needs are assessed to be at or below the
14level of care that the foster home is licensed to provide.
AB75-SSA1,512,2415 (c) Rules providing monthly rates of reimbursement for foster care that are
16commensurate with the level of care that the foster home is licensed to provide and
17the needs of the child who is placed in the foster home. Those rates shall include rates
18for supplemental payments for special needs, exceptional circumstances, and initial
19clothing allowances for children placed in a foster home. In promulgating the rules
20under this paragraph, the department shall provide a mechanism for equalizing the
21amount of reimbursement received by a foster parent prior to the promulgation of
22those rules and the amount of reimbursement received by a foster parent under those
23rules so as to reduce the amount of any reimbursement that may be lost as a result
24of the implementation of those rules.
AB75-SSA1,513,2
1(d) Rules providing a monthly retainer fee for a foster home that agrees to
2maintain openings for emergency placements.
AB75-SSA1, s. 1023 3Section 1023. 48.625 (3) of the statutes is amended to read:
AB75-SSA1,513,54 48.625 (3) This section does not apply to a foster home licensed under s. 48.62
5(1) (a) or to a treatment foster home licensed under s. 48.62 (1) (b).
AB75-SSA1, s. 1024 6Section 1024. 48.627 (title) of the statutes is amended to read:
AB75-SSA1,513,8 748.627 (title) Foster, treatment foster and family-operated group home
8parent insurance and liability.
AB75-SSA1, s. 1025 9Section 1025. 48.627 (2) (a) of the statutes is amended to read:
AB75-SSA1,513,1710 48.627 (2) (a) Before the department, a county department, or a licensed child
11welfare agency may issue, renew, or continue a foster home, treatment foster home
12or family-operated group home license, the licensing agency shall require the
13applicant to furnish proof satisfactory to the licensing agency that he or she has
14homeowner's or renter's liability insurance that provides coverage for negligent acts
15or omissions by children placed in a foster home, treatment foster home or
16family-operated group home that result in bodily injury or property damage to 3rd
17parties.
AB75-SSA1, s. 1026 18Section 1026. 48.627 (2c) of the statutes is amended to read:
AB75-SSA1,514,219 48.627 (2c) The department shall determine the cost-effectiveness of
20purchasing private insurance that would provide coverage to foster , treatment foster,
21and family-operated group home parents for acts or omissions by or affecting a child
22who is placed in a foster home, a treatment foster home, or a family-operated group
23home. If this private insurance is cost-effective and available, the department shall
24purchase the insurance from the appropriations under s. 20.437 (1) (cf) and (pd). If
25the insurance is unavailable, payment of claims for acts or omissions by or affecting

1a child who is placed in a foster home, a treatment foster home, or a family-operated
2group home shall be in accordance with subs. (2m) to (3).
AB75-SSA1, s. 1027 3Section 1027. 48.627 (2m) of the statutes is amended to read:
AB75-SSA1,514,104 48.627 (2m) Within the limits of the appropriations under s. 20.437 (1) (cf) and
5(pd), the department shall pay claims to the extent not covered by any other
6insurance and subject to the limitations specified in sub. (3), for bodily injury or
7property damage sustained by a licensed foster, treatment foster, or family-operated
8group home parent or a member of the foster, treatment foster, or family-operated
9group home parent's family as a result of the act of a child in the foster, treatment
10foster,
or family-operated group home parent's care.
AB75-SSA1, s. 1028 11Section 1028. 48.627 (2s) (a) of the statutes is amended to read:
AB75-SSA1,514,1612 48.627 (2s) (a) Acts or omissions of the foster, treatment foster or
13family-operated group home parent that result in bodily injury to the child who is
14placed in the foster home, treatment foster home or family-operated group home or
15that form the basis for a civil action for damages by the foster child's parent against
16the foster, treatment foster or family-operated group home parent.
AB75-SSA1, s. 1029 17Section 1029. 48.627 (2s) (b) of the statutes is amended to read:
AB75-SSA1,514,2118 48.627 (2s) (b) Bodily injury or property damage caused by an act or omission
19of a child who is placed in the foster, treatment foster or family-operated group home
20parent's care for which the foster, treatment foster or family-operated group home
21parent becomes legally liable.
AB75-SSA1, s. 1030 22Section 1030. 48.627 (3) (b) of the statutes is amended to read:
AB75-SSA1,515,323 48.627 (3) (b) A claim under sub. (2m) shall be submitted to the department
24within 90 days after the bodily injury or property damage occurs. A claim under sub.
25(2s) shall be submitted within 90 days after a foster, treatment foster or

1family-operated group home parent learns that a legal action has been commenced
2against that parent. No claim may be paid under this subsection unless it is
3submitted within the time limits specified in this paragraph.
AB75-SSA1, s. 1031 4Section 1031. 48.627 (3) (d) of the statutes is amended to read:
AB75-SSA1,515,105 48.627 (3) (d) No claim may be approved in an amount exceeding the total
6amount available for paying claims under this subsection in the fiscal year during
7which the claim is submitted. No claim for property damage sustained by a foster,
8treatment foster
or family-operated group home parent or a member of a foster,
9treatment foster
or family-operated group home parent's family may be approved in
10an amount exceeding $250,000.
AB75-SSA1, s. 1032 11Section 1032. 48.627 (3) (e) of the statutes is amended to read:
AB75-SSA1,515,1812 48.627 (3) (e) The department may not approve a claim unless the foster,
13treatment foster
or family-operated group home parent submits with the claim
14evidence that is satisfactory to the department of the cause and value of the claim
15and evidence that insurance coverage is unavailable or inadequate to cover the
16claim. If insurance is available but inadequate, the department may approve a claim
17only for the amount of the value of the claim that it determines is in excess of the
18amount covered by insurance.
AB75-SSA1, s. 1033 19Section 1033. 48.627 (3) (f) of the statutes is amended to read:
AB75-SSA1,516,520 48.627 (3) (f) If the total amount of the claims approved during any calendar
21quarter exceeds 25% of the total funds available during the fiscal year for purposes
22of this subsection plus any unencumbered funds remaining from the previous
23quarter, the department shall prorate the available funds among the claimants with
24approved claims. The department shall also prorate any unencumbered funds
25remaining in the appropriation under s. 20.437 (1) (cf) at the end of each fiscal year

1among the claimants whose claims were prorated during the fiscal year. Payment
2of a prorated amount from unencumbered funds remaining at the end of the fiscal
3year constitutes a complete payment of the claim for purposes of this program, but
4does not prohibit a foster parent or treatment foster parent family-operated group
5home parent
from submitting a claim under s. 16.007 for the unpaid portion.
AB75-SSA1, s. 1034 6Section 1034. 48.627 (3) (h) of the statutes is amended to read:
AB75-SSA1,516,137 48.627 (3) (h) If a claim by a foster, treatment foster or family-operated group
8home parent or a member of the foster, treatment foster or family-operated group
9home parent's family is approved, the department shall deduct from the amount
10approved $100 less any amount deducted by an insurance company from a payment
11for the same claim, except that a foster, treatment foster or family-operated group
12home parent and his or her family are subject to only one deductible for all claims
13filed in a fiscal year.
AB75-SSA1, s. 1035 14Section 1035. 48.627 (4) of the statutes is amended to read:
AB75-SSA1,516,2015 48.627 (4) Except as provided in s. 895.485, the department is not liable for any
16act or omission by or affecting a child who is placed in a foster home, treatment foster
17home,
or family-operated group home, but shall, as provided in this section, pay
18claims described under sub. (2m) and may pay claims described under sub. (2s) or
19may purchase insurance to cover such claims as provided for under sub. (2c), within
20the limits of the appropriations under s. 20.437 (1) (cf) and (pd).
AB75-SSA1, s. 1036 21Section 1036. 48.627 (5) of the statutes is amended to read:
AB75-SSA1,517,222 48.627 (5) The attorney general may represent a foster , treatment foster or
23family-operated group home parent in any civil action arising out of an act or
24omission of the foster, treatment foster or family-operated group home parent while

1acting in his or her capacity as a foster, treatment foster or family-operated group
2home parent.
AB75-SSA1, s. 1037 3Section 1037. 48.63 (1) of the statutes is amended to read:
AB75-SSA1,518,24 48.63 (1) Acting under court order or voluntary agreement, the child's parent
5or guardian or the department, the department of corrections, a county department,
6or a child welfare agency licensed to place children in foster homes , treatment foster
7homes,
or group homes may place a child or negotiate or act as intermediary for the
8placement of a child in a foster home, treatment foster home, or group home.
9Voluntary agreements under this subsection may not be used for placements in
10facilities other than foster, treatment foster, homes or group homes and may not be
11extended. A foster home or treatment foster home placement under a voluntary
12agreement may not exceed 180 days from the date on which the child was removed
13from the home under the voluntary agreement. A group home placement under a
14voluntary agreement may not exceed 15 days from the date on which the child was
15removed from the home under the voluntary agreement, except as provided in sub.
16(5). These time periods do not apply to placements made under s. 48.345, 938.183,
17938.34, or 938.345. Voluntary agreements may be made only under this subsection
18and sub. (5) (b) and shall be in writing and shall specifically state that the agreement
19may be terminated at any time by the parent or guardian or by the child if the child's
20consent to the agreement is required. The child's consent to the agreement is
21required whenever the child is 12 years of age or older. If a county department, the
22department, or the department of corrections places a child or negotiates or acts as
23intermediary for the placement of a child under this subsection, the voluntary
24agreement shall also specifically state that the county department, department, or
25department of corrections has placement and care responsibility for the child as

1required under 42 USC 672 (a) (2) and has primary responsibility for providing
2services to the child.
AB75-SSA1, s. 1038 3Section 1038. 48.63 (3) (b) 2. of the statutes is amended to read:
AB75-SSA1,518,74 48.63 (3) (b) 2. The department, a county department under s. 48.57 (1) (e) or
5(hm), or a child welfare agency licensed under s. 48.60 may place a child under subd.
61. in the home of a proposed adoptive parent or parents who reside in this state if that
7home is licensed as a foster home or treatment foster home under s. 48.62.
AB75-SSA1, s. 1039 8Section 1039. 48.63 (4) of the statutes is amended to read:
AB75-SSA1,518,199 48.63 (4) A permanency plan under s. 48.38 is required for each child placed
10in a foster home or treatment foster home under sub. (1). If the child is living in a
11foster home or treatment foster home under a voluntary agreement, the agency that
12negotiated or acted as intermediary for the placement shall prepare the permanency
13plan within 60 days after the date on which the child was removed from his or her
14home under the voluntary agreement. A copy of each plan shall be provided to the
15child if he or she is 12 years of age or over and to the child's parent or guardian. If
16the agency that arranged the voluntary placement intends to seek a court order to
17place the child outside of his or her home at the expiration of the voluntary
18placement, the agency shall prepare a revised permanency plan and file that revised
19plan with the court prior to the date of the hearing on the proposed placement.
AB75-SSA1, s. 1040 20Section 1040. 48.64 (title) of the statutes is amended to read:
AB75-SSA1,518,22 2148.64 (title) Placement of children in foster homes, treatment foster
22homes
and group homes.
AB75-SSA1, s. 1041 23Section 1041. 48.64 (1) of the statutes is amended to read:
AB75-SSA1,519,224 48.64 (1) Definition. In this section, "agency" means the department, the
25department of corrections, a county department, or a licensed child welfare agency

1authorized to place children in foster homes, treatment foster homes, or group
2homes.
AB75-SSA1, s. 1042 3Section 1042. 48.64 (1m) of the statutes is amended to read:
AB75-SSA1,519,224 48.64 (1m) Foster home, treatment foster home and group home agreements.
5If an agency places a child in a foster home, treatment foster home or group home
6under a court order or voluntary agreement under s. 48.63, the agency shall enter
7into a written agreement with the head of the home. The agreement shall provide
8that the agency shall have access at all times to the child and the home, and that the
9child will be released to the agency whenever, in the opinion of the agency placing
10the child or the department, the best interests of the child require it release to the
11agency
. If a child has been in a foster home, treatment foster home or group home
12for 6 months or more, the agency shall give the head of the home written notice of
13intent to remove the child, stating the reasons for the removal. The child may not
14be removed before completion of the hearing under sub. (4) (a) or (c), if requested, or
1530 days after the receipt of the notice, whichever is later, unless the safety of the child
16requires it or, in a case in which the reason for removal is to place the child for
17adoption under s. 48.833, unless all of the persons who have the right to request a
18hearing under sub. (4) (a) or (c) sign written waivers of objection to the proposed
19removal. If the safety of the child requires earlier removal, s. 48.19 shall apply. If
20an agency removes a child from an adoptive placement, the head of the home shall
21have no claim against the placing agency for the expense of care, clothing, or medical
22treatment.
AB75-SSA1, s. 1043 23Section 1043. 48.64 (1r) of the statutes is amended to read:
AB75-SSA1,520,324 48.64 (1r) Notification of school district. When an agency places a
25school-age child in a foster home, a treatment foster home or a group home, the

1agency shall notify the clerk of the school district in which the foster home, treatment
2foster home
or group home is located that a school-age child has been placed in a
3foster home, treatment foster home or group home in the school district.
AB75-SSA1, s. 1044 4Section 1044. 48.64 (2) of the statutes is amended to read:
AB75-SSA1,520,75 48.64 (2) Supervision of foster home , treatment foster home and group home
6placements.
Every child in a foster home, treatment foster home or group home shall
7be under the supervision of an agency.
AB75-SSA1, s. 1045 8Section 1045. 48.64 (4) (a) of the statutes is amended to read:
AB75-SSA1,521,159 48.64 (4) (a) Any decision or order issued by an agency that affects the head of
10a foster, treatment foster or group home or the children involved may be appealed to
11the department under fair hearing procedures established under department rules.
12The department shall, upon receipt of an appeal, give the head of the home
13reasonable notice and opportunity for a fair hearing. The department may make
14such any additional investigation as that the department considers necessary. The
15department shall give notice of the hearing to the head of the home and to the
16departmental subunit, county department, or child welfare agency that issued the
17decision or order. Each person receiving notice is entitled to be represented at the
18hearing. At all hearings conducted under this subsection, the head of the home, or
19a representative of the head of the home, shall have an adequate opportunity,
20notwithstanding s. 48.78 (2) (a), to examine all documents and records to be used at
21the hearing at a reasonable time before the date of the hearing as well as during the
22hearing, to bring witnesses, to establish all pertinent facts and circumstances, and
23to question or refute any testimony or evidence, including opportunity to confront
24and cross-examine adverse witnesses. The department shall grant a continuance
25for a reasonable period of time when an issue is raised for the first time during a

1hearing. This requirement may be waived with the consent of the parties. The
2decision of the department shall be based exclusively on evidence introduced at the
3hearing. A transcript of testimony and exhibits, or an official report containing the
4substance of what transpired at the hearing, together with all papers and requests
5filed in the proceeding, and the findings of the hearing examiner shall constitute the
6exclusive record for decision by the department. The department shall make the
7record available at any reasonable time and at an accessible place to the head of the
8home or his or her representative. Decisions by the department shall specify the
9reasons for the decision and identify the supporting evidence. No person
10participating in an agency action being appealed may participate in the final
11administrative decision on that action. The department shall render its decision as
12soon as possible after the hearing and shall send a certified copy of its decision to the
13head of the home and to the departmental subunit, county department , or child
14welfare agency that issued the decision or order. The decision shall be binding on all
15parties concerned.
AB75-SSA1, s. 1046 16Section 1046. 48.64 (4) (c) of the statutes is amended to read:
AB75-SSA1,522,217 48.64 (4) (c) The circuit court for the county where the dispositional order
18placing a child in a foster home, treatment foster home, or group home was entered
19or the voluntary agreement under s. 48.63 so placing a child was made has
20jurisdiction upon petition of any interested party over a child who is placed in a foster
21home, treatment foster home, or group home. The circuit court may call a hearing,
22at which the head of the home and the supervising agency under sub. (2) shall be
23present, for the purpose of reviewing any decision or order of that agency involving
24the placement and care of the child. If the child has been placed in a foster home, the
25foster parent may present relevant evidence at the hearing. The petitioner has the

1burden of proving by clear and convincing evidence that the decision or order issued
2by the agency is not in the best interests of the child.
AB75-SSA1, s. 1047 3Section 1047. 48.645 (1) (a) of the statutes is amended to read:
AB75-SSA1,522,144 48.645 (1) (a) The child is living in a foster home or treatment foster home
5licensed under s. 48.62 if a license is required under that section, in a foster home
6or treatment foster home located within the boundaries of a federally recognized
7American Indian reservation in this state and licensed by the tribal governing body
8of the reservation, in a group home licensed under s. 48.625, in a subsidized
9guardianship home under s. 48.62 (5), or in a residential care center for children and
10youth licensed under s. 48.60, and has been placed in the foster home, treatment
11foster home,
group home, subsidized guardianship home, or center by a county
12department under s. 46.215, 46.22, or 46.23, by the department, or by a federally
13recognized American Indian tribal governing body in this state under an agreement
14with a county department under s. 46.215, 46.22, or 46.23.
AB75-SSA1, s. 1048 15Section 1048. 48.645 (2) (a) 1. of the statutes is amended to read:
AB75-SSA1,523,516 48.645 (2) (a) 1. A nonrelative who cares for the dependent child in a foster
17home or treatment foster home having a license under s. 48.62, in a foster home or
18treatment foster home
located within the boundaries of a federally recognized
19American Indian reservation in this state and licensed by the tribal governing body
20of the reservation, or in a group home licensed under s. 48.625,; a subsidized
21guardian or interim caretaker under s. 48.62 (5) who cares for the dependent child,;
22or a minor custodial parent who cares for the dependent child,; regardless of the
23cause or prospective period of dependency. The state shall reimburse counties
24pursuant to the procedure under s. 48.569 (2) and the percentage rate of
25participation set forth in s. 48.569 (1) (d) for aid granted under this section except

1that if the child does not have legal settlement in the granting county, state
2reimbursement shall be at 100%. The county department under s. 46.215, 46.22, or
346.23 or the department under s. 48.48 (17) shall determine the legal settlement of
4the child. A child under one year of age shall be eligible for aid under this subsection
5irrespective of any other residence requirement for eligibility within this section.
AB75-SSA1, s. 1049 6Section 1049. 48.645 (2) (a) 3. of the statutes is amended to read:
AB75-SSA1,523,167 48.645 (2) (a) 3. A county or, in a county having a population of 500,000 or more,
8the department, when the child is placed in a licensed foster home, treatment foster
9home,
group home, or residential care center for children and youth or in a subsidized
10guardianship home by a licensed child welfare agency or by a federally recognized
11American Indian tribal governing body in this state or by its designee, if the child is
12in the legal custody of the county department under s. 46.215, 46.22, or 46.23 or the
13department under s. 48.48 (17) or if the child was removed from the home of a relative
14as a result of a judicial determination that continuance in the home of the relative
15would be contrary to the child's welfare for any reason and the placement is made
16under an agreement with the county department or the department.
AB75-SSA1, s. 1050 17Section 1050. 48.645 (2) (a) 4. of the statutes is amended to read:
AB75-SSA1,524,218 48.645 (2) (a) 4. A licensed foster home, treatment foster home, group home,
19or residential care center for children and youth or a subsidized guardianship home
20when the child is in the custody or guardianship of the state, when the child is a ward
21of an American Indian tribal court in this state and the placement is made under an
22agreement between the department and the tribal governing body, or when the child
23was part of the state's direct service case load and was removed from the home of a
24relative as a result of a judicial determination that continuance in the home of a

1relative would be contrary to the child's welfare for any reason and the child is placed
2by the department.
AB75-SSA1, s. 1051 3Section 1051. 48.645 (2) (b) of the statutes is amended to read:
AB75-SSA1,524,114 48.645 (2) (b) Notwithstanding par. (a), aid under this section may not be
5granted for placement of a child in a foster home or treatment foster home licensed
6by a federally recognized American Indian tribal governing body, for placement of a
7child in a foster home, treatment foster home, group home, subsidized guardianship
8home, or residential care center for children and youth by a tribal governing body or
9its designee, or for the placement of a child who is a ward of a tribal court if the tribal
10governing body is receiving or is eligible to receive funds from the federal government
11for that type of placement.
AB75-SSA1, s. 1052 12Section 1052. 48.65 (3) (a) of the statutes is amended to read:
AB75-SSA1,524,2313 48.65 (3) (a) Before the department may issue a license under sub. (1) to a day
14care center that provides care and supervision for 4 to 8 children, the day care center
15must pay to the department a biennial fee of $60.50. Before the department may
16issue a license under sub. (1) to a day care center that provides care and supervision
17for 9 or more children, the day care center must pay to the department a biennial fee
18of $30.25, plus a biennial fee of $10.33 $16.94 per child, based on the number of
19children that the day care center is licensed to serve. A day care center that wishes
20to continue a license issued under sub. (1) shall pay the applicable fee under this
21paragraph by the continuation date of the license. A new day care center shall pay
22the applicable fee under this paragraph no later than 30 days before the opening of
23the day care center.
AB75-SSA1, s. 1053d 24Section 1053d. 48.651 (1) (intro.) of the statutes is amended to read:
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