AB150: Bill Text

AB150,964,15 (a) Receiving homes to be used for the temporary care of children.

AB150,964,16 (b) Foster homes or treatment foster homes.

AB150,964,17 (c) Group homes.

AB150,964,20 (d) Institutions, facilities and services, including without limitation forestry or conservation camps for the training and treatment of children 12 years of age or older who have been adjudged delinquent.

AB150,965,2 (f) Other facilities deemed by the department of corrections to be appropriate for the child, except that no state funds may be used for the maintenance of a child in the home of a parent or relative eligible for aid under s. 49.19 if such funds would reduce federal funds to this state.

AB150,965,11 (2) Use of other facilities. (a) In addition to the facilities and services described in sub. (1), the department of corrections may use other facilities and services under its jurisdiction. The department of corrections may also contract for and pay for the use of other public facilities or private facilities for the care and treatment of children in its care; but placement of children in private or public facilities not under its jurisdiction does not terminate the legal custody of the department of corrections. Placements in institutions for the mentally ill or developmentally disabled shall be made in accordance with ss. 48.14 (5) and 48.63 and ch. 51.

AB150,965,18 (b) Public facilities are required to accept and care for persons placed with them by the department of corrections in the same manner as they would be required to do had the legal custody of these persons been transferred by a court of competent jurisdiction. Nothing in this subsection shall be construed to require any public facility to serve the department of corrections inconsistently with its functions or with the laws and regulations governing their activities; or to give the department of corrections authority to use any private facility without its consent.

AB150,965,21 (c) The department of corrections shall have the right to inspect all facilities it is using and to examine and consult with persons in its legal custody under s. 48.34 (4g) who have been placed in that facility.

AB150,966,3 (3) Federal reimbursement. The department of corrections shall report to the department of health and social services in a manner specified by the department of health and social services on all children in the legal custody of the department of corrections who are placed by that department in a facility specified in sub. (1) or (2) so that the department of health and social services may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a with respect to those children.

AB150,966,6 (4) Coeducational programs and institutions. The department of corrections may institute and maintain coeducational programs and institutions under this chapter.

AB150, s. 2573 Section 2573. 48.558 of the statutes is created to read:

AB150,966,14 48.558 Duration of control of department of corrections over delinquents. Except as provided under s. 48.537, all children adjudged delinquent who have been placed in the legal custody of the department of corrections under s. 48.34 (4g) shall be discharged as soon as the department of corrections determines that there is a reasonable probability that it is no longer necessary either for the rehabilitation and treatment of the child or for the protection of the public that the department of corrections retain supervision.

AB150, s. 2574 Section 2574. 48.559 of the statutes is created to read:

AB150,966,21 48.559 Records of department of corrections. The department of corrections shall keep a complete record on each child in its legal custody under s. 48.34 (4g). This record shall include the information received from the court, the date of reception, all available data on the personal and family history of the child, the results of all tests and examinations given the child, and a complete history of all placements of the child while in the legal custody of the department of corrections.

AB150, s. 2575 Section 2575. 48.57 (1) (c) of the statutes is amended to read:

AB150,967,9 48.57 (1) (c) To provide appropriate protection and services for children in its care, including providing services for children and their families in their own homes, placing the children in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies, except that the county department shall not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the state superintendent department of public instruction education all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent department of public instruction education.

AB150, s. 2576 Section 2576. 48.57 (1) (hm) of the statutes is amended to read:

AB150,967,16 48.57 (1) (hm) If a county department in a county with a population of less than 500,000 and licensed by the department to do so, to accept guardianship of children, when appointed by the court, of a child whom the county department has placed in a foster home or treatment foster home under a court order or voluntary agreement under s. 48.63 and to place children that child under its guardianship for adoption by the foster parent or treatment foster parent.

AB150, s. 2577 Section 2577. 48.57 (3) (a) (intro.) of the statutes is amended to read:

AB150,967,19 48.57 (3) (a) (intro.) From the reimbursement received under s. 49.52 (1) (d) 46.495 (1) (d), counties may provide funding for the maintenance of any child who:

AB150, s. 2578 Section 2578. 48.57 (3) (a) 3. of the statutes is amended to read:

AB150,967,22 48.57 (3) (a) 3. Received funding under s. 49.52 (1) (d) 46.495 (1) (d) immediately prior to his or her 18th birthday; and

AB150, s. 2579 Section 2579. 48.57 (3) (b) of the statutes is amended to read:

AB150,968,3 48.57 (3) (b) The funding provided for the maintenance of a child under par. (a) shall be in an amount equal to that to which the child would receive under s. 49.52 (1) (d) 46.495 (1) (d) if the child were 17 years of age.

AB150, s. 2580 Section 2580. 48.60 (1) of the statutes is amended to read:

AB150,968,13 48.60 (1) No person may receive children, with or without transfer of legal custody, to provide care and maintenance for 75 days in any consecutive 12 months' period for 4 or more such children at any one time unless that person obtains a license to operate a child welfare agency from the department. To obtain a license under this subsection to operate a child welfare agency, a person must meet the minimum requirements for a license established by the department under s. 48.67, conduct the background investigations specified in sub. (1m) and pay the applicable license fee under s. 48.615 (1) (a) or (b). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended.

AB150, s. 2581 Section 2581. 48.60 (1m) of the statutes is created to read:

AB150,968,17 48.60 (1m) (a) Before applying for initial licensure or license renewal, the applicant, with the assistance of the department of justice, shall conduct a background investigation of each employe or prospective employe of the applicant.

AB150,969,2 (b) If the person being investigated under par. (a) is a nonresident, or if at any time within the 5 years preceding the date of the investigation that person has been a nonresident, or if the applicant determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the applicant shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB150,969,4 (c) Upon request, a person being investigated under par. (a) shall provide the applicant with all of the following information:

AB150,969,5 1. The person's name.

AB150,969,6 2. The person's social security number.

AB150,969,8 3. Other identifying information, including the person's birthdate, sex, race and any identifying physical characteristics.

AB150,969,17 (d) An applicant may employ a person conditioned on the receipt of a satisfactory background investigation. An applicant may not employ any person who has been convicted of a violation of ch. 161 that is punishable as a felony, who has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.632, 939.64, 939.641 or 939.645 or who has been convicted of a violation ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, except that an applicant may employ a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 if that violation occurred 20 years or more before the date of the investigation.

AB150,969,19 (e) An applicant shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation.

****Note: This is reconciled s. 48.60 (1m). This Section has been affected by drafts with the following LRB numbers: 2160/3 and 2556/2.

AB150, s. 2582 Section 2582. 48.60 (3) of the statutes is amended to read:

AB150,970,5 48.60 (3) Before issuing any license to a child welfare agency under this section, the department of health and social services shall review the need for the additional placement resources that would be made available by the licensing or relicensing of any child welfare agency after August 5, 1973, providing care authorized under s. 48.61 (3). The department may not Neither the department of health and social services nor the department of corrections may make any placements to any child welfare agency where the departmental review required under this subsection has failed to indicate the need for the additional placement resources.

AB150, s. 2583 Section 2583. 48.615 (1) (a) of the statutes is amended to read:

AB150,970,11 48.615 (1) (a) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that regularly provides care and maintenance for children within the confines of its building, the child welfare agency must pay to the department a biennial fee of $75 $180, plus a biennial fee of $10 $24 per child, based on the number of children that the child welfare agency is licensed to serve.

AB150, s. 2584 Section 2584. 48.615 (1) (b) of the statutes is amended to read:

AB150,970,16 48.615 (1) (b) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that places children in licensed foster homes, licensed treatment foster homes and licensed group homes, the child welfare agency must pay to the department a biennial fee of $200 $220.

AB150, s. 2585 Section 2585. 48.625 (1) of the statutes is amended to read:

AB150,970,25 48.625 (1) Any person who receives, with or without transfer of legal custody, 5 to 8 children, 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 minimum requirements for a license established by the department under s. 48.67, conduct the background investigations specified in sub. (1m) and pay the license fee under sub. (2). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended.

AB150, s. 2586 Section 2586. 48.625 (1m) of the statutes is created to read:

AB150,971,4 48.625 (1m) (a) Before applying for initial licensure or license renewal, the applicant, with the assistance of the department of justice, shall conduct a background investigation of each employe or prospective employe of the applicant.

AB150,971,13 (b) If the person being investigated under par. (a) is a nonresident, or if at any time within the 5 years preceding the date of the investigation that person has been a nonresident, or if the applicant determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the applicant shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB150,971,15 (c) Upon request, a person being investigated under par. (a) shall provide the applicant with all of the following information:

AB150,971,16 1. The person's name.

AB150,971,17 2. The person's social security number.

AB150,971,19 3. Other identifying information, including the person's birthdate, sex, race and any identifying physical characteristics.

AB150,972,3 (d) An applicant may employ a person conditioned on the receipt of a satisfactory background investigation. An applicant may not employ any person who has been convicted of a violation of ch. 161 that is punishable as a felony, who has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.632, 939.64, 939.641 or 939.645 or who has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, except that an applicant may employ a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 if that violation occurred 20 years or more before the date of the investigation.

AB150,972,5 (e) An applicant shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation.

****Note: This is reconciled s. 48.625 (1m). This Section has been affected by drafts with the following LRB numbers: 2160/3 and 2556/2.

AB150, s. 2587 Section 2587. 48.625 (2) (a) of the statutes is amended to read:

AB150,972,13 48.625 (2) (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 $75 $180, plus a biennial fee of $10 $24 per child, based on the number of children that the group home is licensed to serve. A group home that wishes to renew a license issued under sub. (1) shall pay the fee under this paragraph by the renewal 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.

AB150, s. 2588 Section 2588. 48.627 (2) (c) of the statutes is amended to read:

AB150,972,20 48.627 (2) (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. 20.435 (6) (3) (cf) and (7) (pd).

AB150, s. 2589 Section 2589. 48.627 (2c) of the statutes is amended to read:

AB150,973,7 48.627 (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. 20.435 (6) (3) (cf) and (7) (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).

AB150, s. 2590 Section 2590. 48.627 (2m) of the statutes is amended to read:

AB150,973,15 48.627 (2m) Within the limits of the appropriations under s. 20.435 (6) (3) (cf) and (7) (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.

AB150, s. 2591 Section 2591. 48.627 (2s) (intro.) of the statutes is amended to read:

AB150,973,20 48.627 (2s) (intro.)  Within the limits of the appropriations under s. 20.435 (6) (3) (cf) and (7) (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:

AB150, s. 2592 Section 2592. 48.627 (3) (f) of the statutes is amended to read:

AB150,974,7 48.627 (3) (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. 20.435 (6) (3) (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.

AB150, s. 2593 Section 2593. 48.627 (4) of the statutes is amended to read:

AB150,974,14 48.627 (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. 20.435 (6) (3) (cf) and (7) (pd).

AB150, s. 2594 Section 2594. 48.63 (1) of the statutes is amended to read:

AB150,975,5 48.63 (1) Acting pursuant to court order or voluntary agreement, the child's parent or guardian or the department of health and social services, the department of corrections, a county department or a child welfare agency licensed to place children in foster homes or treatment foster homes may place a child or negotiate or act as intermediary for the placement of a child in a foster home, treatment foster home or group home. Voluntary agreements under this subsection may not be used for placements in facilities other than foster, treatment foster or group homes and may not be extended. A foster home or treatment foster home placement under a voluntary agreement may not exceed 6 months. A group home placement under a voluntary agreement may not exceed 15 days. These time limitations do not apply to placements made under ss. 48.34 and 48.345. Voluntary agreements may be made only under this subsection and shall be in writing and shall specifically state that the agreement may be terminated at any time by the parent or by the child if the child's consent to the agreement is required. The child's consent to the agreement is required whenever the child is 12 years of age or older.

AB150, s. 2595 Section 2595. 48.64 (1) of the statutes is amended to read:

AB150,975,10 48.64 (1) Definition. In this section, "agency" means the department of health and social services, the department of corrections, a county department or a licensed child welfare agency authorized to place children in foster homes or treatment foster homes.

AB150, s. 2596 Section 2596. 48.65 (1) of the statutes is amended to read:

AB150,975,19 48.65 (1) No person may for compensation provide care and supervision for 4 or more children under the age of 7 for less than 24 hours a day unless that person obtains a license to operate a day care center from the department. To obtain a license under this subsection to operate a day care center, a person must meet the minimum requirements for a license established by the department under s. 48.67, conduct the background investigations specified in sub. (1m), if applicable, and pay the license fee under sub. (3). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended.

AB150, s. 2597 Section 2597. 48.65 (1m) of the statutes is created to read:

AB150,975,24 48.65 (1m) (a) Before applying for initial licensure or license renewal, an applicant for a license to provide care and supervision for 9 or more children, with the assistance of the department of justice, shall conduct a background investigation of each employe or prospective employe of the applicant.

AB150,976,9 (b) If the person being investigated under par. (a) is a nonresident, or if at any time within the 5 years preceding the date of the investigation that person has been a nonresident, or if the applicant determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the applicant shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB150,976,11 (c) Upon request, a person being investigated under par. (a) shall provide the applicant with all of the following information:

AB150,976,12 1. The person's name.

AB150,976,13 2. The person's social security number.

AB150,976,15 3. Other identifying information, including the person's birthdate, sex, race and any identifying physical characteristics.

AB150,976,24 (d) An applicant may employ a person conditioned on the receipt of a satisfactory background investigation. An applicant may not employ any person who has been convicted of a violation of ch. 161 that is punishable as a felony, who has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.632, 939.64, 939.641 or 939.645 or who has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, except that an applicant may employ a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 if that violation occurred 20 years or more before the date of the investigation.

AB150,977,2 (e) An applicant shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation.

****Note: This is reconciled s. 48.65 (1m). This Section has been affected by drafts with the following LRB numbers: 2160/3 and 2556/2.

AB150, s. 2598 Section 2598. 48.65 (3) (a) of the statutes is amended to read:

AB150,977,13 48.65 (3) (a) Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 4 to 8 children, the day care center must pay to the department a biennial fee of $50. Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 9 or more children, the day care center must pay to the department a biennial fee of $25, plus a biennial fee of $5 $10 per child, based on the number of children that the day care center is licensed to serve. A day care center that wishes to renew a license issued under sub. (1) shall pay the applicable fee under this paragraph by the renewal date of the license. A new day care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the day care center.

AB150, s. 2599 Section 2599. 48.67 of the statutes is amended to read:

AB150,978,2 48.67 Rules governing child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments. These rules shall be designed to protect and promote the health, safety and welfare of the children in the care of all licensees. The department shall consult with the department of industry, labor and human relations development and the department of public instruction before promulgating these rules.

AB150, s. 2600 Section 2600. 48.677 (title) of the statutes is renumbered 46.48 (16) (title).