SB601: Bill Text

SB601,24,24 (3m) If the rights of both parents or of the only living parent are terminated and if a guardian has not been appointed under s. 48.977, the court shall either:

SB601, s. 61 Section 61. 48.427 (3p) of the statutes is created to read:

SB601,25,3 48.427 (3p) If the rights of both parents or of the only living parent are terminated and if a guardian has been appointed under s. 48.977, the court may enter one of the orders specified in sub. (3m).

SB601, s. 62 Section 62. 48.428 (2) of the statutes is renumbered 48.428 (2) (a) and amended to read:

SB601,25,13 48.428 (2) (a) When Except as provided in par. (b), when a court places a child in sustaining care after an order under s. 48.427 (4), the court shall transfer legal custody of the child to the county department or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3) (3m) (a) 1. to 4. and place the child in the home of a licensed foster parent or licensed treatment foster parent with whom the child has resided for 6 months or longer. Pursuant to such a placement, this licensed foster parent or licensed treatment foster parent shall be a sustaining parent with the powers and duties specified in sub. (3).

SB601, s. 63 Section 63. 48.428 (2) (b) of the statutes is created to read:

SB601,25,22 48.428 (2) (b) When a court places a child in sustaining care after an order under s. 48.427 (4) with a person who has been appointed as the guardian of the child under s. 48.977 (2), the court may transfer legal custody of the child to the county department or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. and place the child in the home of a licensed foster parent with whom the child has resided for 6 months or longer. Pursuant to such a placement, this licensed foster parent shall be a sustaining parent with the powers and duties specified in sub. (3).

SB601, s. 64 Section 64. 48.428 (4) of the statutes is amended to read:

SB601,26,7 48.428 (4) Before a licensed foster parent or licensed treatment foster parent may be appointed as a sustaining parent, the foster parent or treatment foster parent shall execute a contract with the agency responsible for providing services to the child, in which the foster parent or treatment foster parent agrees to provide care for the child until the child's 18th birthday unless the placement order is changed by the court because the court finds that the sustaining parents are no longer able or willing to provide the sustaining care or the court finds that the behavior of the sustaining parents toward the child would constitute grounds for the termination of parental rights if the sustaining parent was the birth parent of the child.

SB601, s. 65 Section 65. 48.43 (1) (a) of the statutes is amended to read:

SB601,26,12 48.43 (1) (a) The identity of any agency or individual that has received guardianship of the child or will receive guardianship or custody of the child upon termination and the identity of the agency which will be responsible for securing the adoption of the child or establishing the child in a permanent family setting.

SB601, s. 66 Section 66. 48.43 (4) of the statutes is amended to read:

SB601,26,20 48.43 (4) A certified copy of the order terminating parental rights shall be furnished by the court to the agency given guardianship for placement for adoption of the child or to the person or agency given custodianship or guardianship for placement of the child in sustaining care and to the person appointed as the guardian of the child under s. 48.977 (2). The court shall, upon request, furnish a certified copy of the child's birth certificate and a transcript of the testimony in the termination of parental rights hearing to the same person or agency.

SB601, s. 67 Section 67. 48.43 (5) (b) of the statutes is amended to read:

SB601,27,2 48.43 (5) (b) The court shall hold a hearing to review the permanency plan within 30 days after receiving a report under par. (a). At least 10 days before the date of the hearing, the court shall provide notice of the time, date and purpose of the hearing to the agency that prepared the report, the child's guardian, the child, if he or she is 12 years of age or over, and the child's foster parent, the child's treatment foster parent or the operator of the facility in which the child is living.

SB601, s. 68 Section 68. 48.43 (5) (c) of the statutes is amended to read:

SB601,27,12 48.43 (5) (c) Following the hearing, the court shall make all of the determinations specified under s. 48.38 (5) (c), except the determinations relating to the child's parents. The court may amend the order under sub. (1) to transfer the child's guardianship and custody to any agency specified under s. 48.427 (3) (3m) (a) 1. to 4. which consents to the transfer, if the court determines that the transfer is in the child's best interest. If an order is amended, the agency that prepared the permanency plan shall revise the plan to conform to the order and shall file a copy of the revised plan with the court. Each plan filed under this paragraph shall be made a part of the court order.

SB601, s. 69 Section 69. 48.43 (5m) of the statutes is amended to read:

SB601,27,17 48.43 (5m) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the child, if he or she is 12 years of age or over, and to the child's foster parent, the child's treatment foster parent or the operator of the facility in which the child is living.

SB601, s. 70 Section 70. 48.48 (9) of the statutes is amended to read:

SB601,27,21 48.48 (9) To license foster homes or treatment foster homes as provided in s. 48.66 (1) for its own use or for the use of licensed child welfare agencies or, if requested to do so, for the use of county departments.

SB601, s. 71 Section 71. 48.52 (1) (b) of the statutes is amended to read:

SB601,27,23 48.52 (1) (b) Foster homes or treatment foster homes;

SB601, s. 72 Section 72. 48.57 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,28,11 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 department of 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 department of education.

SB601, s. 73 Section 73. 48.57 (1) (i) of the statutes is amended to read:

SB601,28,14 48.57 (1) (i) To license foster homes or treatment foster homes in accordance with s. 48.75.

SB601, s. 74 Section 74. 48.57 (3) (a) 4. of the statutes is amended to read:

SB601,28,17 48.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home or child caring institution.

SB601, s. 75 Section 75. 48.60 (2) (e) of the statutes is amended to read:

SB601,28,19 48.60 (2) (e) A licensed foster home or a licensed treatment foster home.

SB601, s. 76 Section 76. 48.61 (3) of the statutes is amended to read:

SB601,28,23 48.61 (3) To provide appropriate care and training for children in its legal or physical custody and, if licensed to do so, to place children in licensed foster homes, licensed treatment foster homes and licensed group homes;

SB601, s. 77 Section 77. 48.61 (7) of the statutes is amended to read:

SB601,29,2 48.61 (7) To license foster homes or treatment foster homes in accordance with s. 48.75 if licensed to do so.

SB601, s. 78 Section 78. 48.615 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,29,8 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 $210.

SB601, s. 79 Section 79. Subchapter XIV (title) of chapter 48 [precedes 48.62] of the statutes is amended to read:

SB601,29,11 CHAPTER 48

SB601,29,14 SUBCHAPTER XIV FOSTER HOMES AND TREATMENT FOSTER HOMES

SB601, s. 80 Section 80. 48.62 (title) of the statutes is amended to read:

SB601,29,17 48.62 (title) Licensing of foster homes and treatment foster homes; rates.

SB601, s. 81 Section 81. 48.62 (1) (a) of the statutes is amended to read:

SB601,29,23 48.62 (1) (a) Any Except as provided in pars. (b) and (c), 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 to provide care and maintenance for those children shall obtain a license to operate a family foster home from the department, a county department or a licensed child welfare agency as provided in s. 48.75.

SB601, s. 82 Section 82. 48.62 (1) (c) of the statutes is created to read:

SB601,30,9 48.62 (1) (c) Any person employed by an entity that owns and operates foster homes clustered in a village setting, that has as its goal the provision of a stable, long-term placement for children and that employs individuals on a long-term basis is to provide care and maintenance for children, who receives, with or without transfer of legal custody, 6 or fewer children to provide long-term care and maintenance for those children in such a village setting shall obtain a license to operate a village foster home from the department, a county department or a licensed child welfare agency, other than a child welfare agency that employes the person, as provided in s. 48.75.

SB601, s. 83 Section 83. 48.62 (2) of the statutes is amended to read:

SB601,30,25 48.62 (2) A relative as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a) or a guardian of a child, who provides care and maintenance for a child, is not required to obtain the license specified in this section. The department, county department or licensed child welfare agency as provided in s. 48.75 may issue a license to operate a foster home or a treatment foster home to a relative who has no duty of support under s. 49.90 (1) (a) and who requests a license to operate a foster home or treatment foster home for a specific child who is either placed by court order or who is the subject of a voluntary placement agreement under s. 48.63. The department, a county department or a licensed child welfare agency may, at the request of a guardian appointed under s. 48.977 or ch. 880, license the guardian's home as a foster home or treatment foster home for the guardian's minor ward who is living in the home and who is placed in the home by court order. Relatives with no duty of support and guardians appointed under s. 48.977 or ch. 880 who are licensed to operate foster homes or treatment foster homes are subject to the department's licensing rules.

SB601, s. 84 Section 84. 48.62 (4) of the statutes is amended to read:

SB601,31,13 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, 1993, the age-related rates are: $240 for children aged 4 and under; $267 for children aged 5 to 11; $327 for children aged 12 to 14 and $337 for children aged 15 to 17. Beginning on January 1, 1994, the age-related rates are: $276 for children aged 4 and under; $301 for children aged 5 to 11; $344 for children aged 12 to 14; and $361 for children aged 15 to 17. Beginning on January 1, 1995, the age-related rates are: $282 for children aged 4 and under; $307 for children aged 5 to 11; $349 for children aged 12 to 14; and $365 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 or a village foster home and initial clothing allowances according to rules promulgated by the department.

SB601, s. 85 Section 85. 48.625 (3) of the statutes is amended to read:

SB601,31,18 48.625 (3) This section does not apply to a foster home licensed under s. 48.62 (1) (a) in which care and maintenance is provided for more than 4 siblings or to a foster home licensed under s. 48.62 (1) (c) in which care and maintenance is provided for more than 4, but fewer than 7, children.

SB601, s. 86 Section 86. 48.627 (title) of the statutes is amended to read:

SB601,31,21 48.627 (title) Foster, treatment foster and family-operated group home parent insurance and liability.

SB601, s. 87 Section 87. 48.627 (2) (a) of the statutes is amended to read:

SB601,32,4 48.627 (2) (a) Before the department, a county department or a licensed child welfare agency may issue or renew 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.

SB601, s. 88 Section 88. 48.627 (2c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,32,16 48.627 (2c) The department shall determine the cost-effectiveness of purchasing private insurance that would provide coverage to foster , treatment foster parents 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 (3) (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).

SB601, s. 89 Section 89. 48.627 (2m) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,33,2 48.627 (2m) Within the limits of the appropriations under s. 20.435 (3) (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 parent or family-operated group home parent or a member of the family of a foster, treatment foster parent or family-operated group home parent's family parent as a result of the act of a child in the care of the foster, treatment foster parent or family-operated group home parent's care parent.

SB601, s. 90 Section 90. 48.627 (2s) (a) of the statutes is amended to read:

SB601,33,8 48.627 (2s) (a) Acts or omissions of the foster, treatment foster parent 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 parent or family-operated group home parent.

SB601, s. 91 Section 91. 48.627 (2s) (b) of the statutes is amended to read:

SB601,33,13 48.627 (2s) (b) Bodily injury or property damage caused by an act or omission of a child who is placed in the care of the foster , treatment foster parent or family-operated group home parent's care parent for which the foster, treatment foster parent or family-operated group home parent becomes legally liable.

SB601, s. 92 Section 92. 48.627 (3) (b) of the statutes is amended to read:

SB601,33,20 48.627 (3) (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 parent 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.

SB601, s. 93 Section 93. 48.627 (3) (d) of the statutes is amended to read:

SB601,34,2 48.627 (3) (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 parent or family-operated group home parent or a member of the family of a foster, treatment foster parent or family-operated group home parent's family parent may be approved in an amount exceeding $250,000.

SB601, s. 94 Section 94. 48.627 (3) (e) of the statutes is amended to read:

SB601,34,10 48.627 (3) (e) The department may not approve a claim unless the foster, treatment foster parent 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.

SB601, s. 95 Section 95. 48.627 (3) (f) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,34,23 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 (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.

SB601, s. 96 Section 96. 48.627 (3) (h) of the statutes is amended to read:

SB601,35,7 48.627 (3) (h) If a claim by a foster, treatment foster parent or family-operated group home parent or a member of the family of a foster, treatment foster parent or family-operated group home parent's family parent is approved, the department shall deduct from the amount approved $200 less any amount deducted by an insurance company from a payment for the same claim, except that a foster, treatment foster parent 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.

SB601, s. 97 Section 97. 48.627 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,35,15 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 (3) (cf) and (pd).

SB601, s. 98 Section 98. 48.627 (5) of the statutes is amended to read:

SB601,35,21 48.627 (5) The attorney general may represent a foster , treatment foster parent 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 parent or family-operated group home parent.

SB601, s. 99 Section 99. 48.63 (1) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB601,36,13 48.63 (1) Acting pursuant to court order or voluntary agreement, the child's parent or guardian or the department of health and family 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 homes 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 s. 48.345, 938.183, 938.34 or 938.345. 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.

SB601, s. 100 Section 100. 48.63 (4) of the statutes is amended to read:

SB601,36,24 48.63 (4) A permanency plan under s. 48.38 is required for each child placed in a foster home or treatment foster home under sub. (1). If the child is living in a foster home or treatment foster home under a voluntary agreement, the agency that negotiated or acted as intermediary for the placement shall prepare the permanency plan within 60 days after the placement. A copy of each plan shall be provided to the child if he or she is 12 years of age or over and to the child's parent or guardian. If the agency which arranged the voluntary placement intends to seek a court order to place the child outside of his or her home at the expiration of the voluntary placement, the agency shall prepare a revised permanency plan and file that revised plan with the court prior to the date of the hearing on the proposed placement.

SB601, s. 101 Section 101. 48.64 (title) of the statutes is amended to read:

SB601,37,2 48.64 (title) Placement of children in foster homes, treatment foster homes and group homes.

SB601, s. 102 Section 102. 48.64 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,37,8 48.64 (1) Definition. In this section, "agency" means the department of health and family 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.

SB601, s. 103 Section 103. 48.64 (1m) of the statutes is amended to read:

SB601,37,24 48.64 (1m) (title) Foster home, treatment foster home and group home agreements. If an agency places a child in a foster home or treatment foster 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 shall 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. 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.

SB601, s. 104 Section 104. 48.64 (2) of the statutes is amended to read: