SB601: Bill Text

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:

SB601,38,3 48.64 (2) (title) Supervision of foster home, treatment foster home and group home placements. Every child in a foster home, treatment foster home or group home shall be under the supervision of an agency.

SB601, s. 105 Section 105. 48.64 (4) (a) of the statutes is amended to read:

SB601,39,11 48.64 (4) (a) Any decision or order issued by an agency that affects the head of a foster, treatment foster home or group home or the children involved may be appealed to the department under fair hearing procedures established under department rules. The department shall, upon receipt of an appeal, give the head of the home reasonable notice and opportunity for a fair hearing. The department may make such additional investigation as the department considers necessary. The department shall give notice of the hearing to the head of the home and to the departmental subunit, county department or child welfare agency that issued the decision or order. Each person receiving notice is entitled to be represented at the hearing. At all hearings conducted under this subsection, the head of the home, or a representative of the head of the home, shall have an adequate opportunity, notwithstanding s. 48.78 (2) (a), to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing, to bring witnesses, to establish all pertinent facts and circumstances, and to question or refute any testimony or evidence, including opportunity to confront and cross-examine adverse witnesses. The department shall grant a continuance for a reasonable period of time when an issue is raised for the first time during a hearing. This requirement may be waived with the consent of the parties. The decision of the department shall be based exclusively on evidence introduced at the hearing. A transcript of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, and the findings of the hearing examiner shall constitute the exclusive record for decision by the department. The department shall make the record available at any reasonable time and at an accessible place to the head of the home or his or her representative. Decisions by the department shall specify the reasons for the decision and identify the supporting evidence. No person participating in an agency action being appealed may participate in the final administrative decision on that action. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the head of the home and to the departmental subunit, county department or child welfare agency that issued the decision or order. The decision shall be binding on all parties concerned.

SB601, s. 106 Section 106. 48.64 (4) (c) of the statutes is amended to read:

SB601,39,20 48.64 (4) (c) The circuit court for the county where the child is placed has jurisdiction upon petition of any interested party over a child who is placed in a foster home, treatment foster home or group home. The circuit court may call a hearing, at which the head of the home and the supervising agency under sub. (2) shall be present, for the purpose of reviewing any decision or order of that agency involving the placement and care of the child. If the child has been placed in a foster home, the foster parent may present relevant evidence at the hearing. The court shall determine the case so as to promote the best interests of the child.

SB601, s. 107 Section 107. Subchapter XVI (title) of chapter 48 [precedes 48.66] of the statutes is amended to read:

SB601,39,23 CHAPTER 48

SB601,40,4 SUBCHAPTER XVI LICENSING PROCEDURES AND REQUIREMENTS FOR CHILD WELFARE AGENCIES, FOSTER HOMES, TREATMENT FOSTER HOMES, GROUP HOMES, DAY CARE CENTERS AND COUNTy DEPARtMENTS

SB601, s. 108 Section 108. 48.66 (1) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB601,40,17 48.66 (1) 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. 48.48 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. 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 children who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.34 (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 children.

SB601, s. 109 Section 109. 48.67 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,41,4 48.67 (title) 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 commerce and the department of education before promulgating these rules.

SB601, s. 110 Section 110. 48.675 (1) of the statutes is amended to read:

SB601,41,10 48.675 (1) Development of program. The department shall develop a foster care education program to provide specialized training for persons operating family foster homes or treatment foster homes. Participation in the program shall be voluntary and shall be limited to persons operating foster homes or treatment foster homes licensed under s. 48.62 and caring for children with special treatment needs.

SB601, s. 111 Section 111. 48.675 (2) of the statutes is amended to read:

SB601,41,21 48.675 (2) Approval of programs. The department shall promulgate rules for approval of programs to meet the requirements of this section. Such programs may include, but need not be limited to: in-service training; workshops and seminars developed by the department or by county departments; seminars and courses offered through public or private education agencies; and workshops, seminars and courses pertaining to behavioral and developmental disabilities and to the development of mutual support services for foster parents and treatment foster parents. The department may approve programs under this subsection only after consideration of relevant factors including level of education, useful or necessary skills, location and other criteria as determined by the department.

SB601, s. 112 Section 112. 48.675 (3) (intro.) of the statutes is amended to read:

SB601,42,2 48.675 (3) Support services. (intro.) The department shall provide funds from the appropriations under s. 20.435 (3) (ho) and (6) (a) to enable foster parents and treatment foster parents to attend education programs approved under sub. (2) and shall promulgate rules concerning disbursement of the funds. Moneys disbursed under this subsection may be used for the following purposes:

SB601, s. 113 Section 113. 48.675 (3) (a) of the statutes is amended to read:

SB601,42,5 48.675 (3) (a) Care of residents of the foster home or treatment foster home during the time of participation in an education program.

SB601, s. 114 Section 114. 48.70 (2) of the statutes is amended to read:

SB601,42,11 48.70 (2) Special provisions for child welfare agency licenses. A license to a child welfare agency shall also specify the kind of child welfare work the agency is authorized to undertake, whether the agency may accept guardianship of children, whether the agency may place children in foster homes or treatment foster homes, and if so, the area the agency is equipped to serve.

SB601, s. 115 Section 115. 48.73 of the statutes is amended to read:

SB601,42,16 48.73 Inspection of licensees. The department may visit and inspect each child welfare agency, foster home, treatment foster home, group home and day care center licensed by it, and for such purpose shall be given unrestricted access to the premises described in the license.

SB601, s. 116 Section 116. 48.75 (title) of the statutes is amended to read:

SB601,42,19 48.75 (title) Foster homes and treatment foster homes licensed by county departments and by child welfare agencies.

SB601, s. 117 Section 117. 48.75 (1) of the statutes is amended to read:

SB601,43,5 48.75 (1) Child welfare agencies, if licensed to do so by the department, and county departments may license foster homes and treatment foster homes under the rules promulgated by the department under s. 48.67 governing the licensing of foster homes and treatment foster homes. A foster home or treatment foster home license shall be issued for a term not to exceed 2 years from the date of issuance, is not transferable and may be revoked by the child welfare agency or by the county department because the licensee has substantially and intentionally violated any provision of this chapter or of the rules of the department promulgated pursuant to s. 48.67 or because the licensee fails to meet the minimum requirements for a license. The licensee shall be given written notice of any revocation and the grounds therefor.

SB601, s. 118 Section 118. 48.75 (2) of the statutes is amended to read:

SB601,43,9 48.75 (2) Any foster home or treatment foster home applicant or licensee of a county department or a child welfare agency may, if aggrieved by the failure to issue or renew its license or by revocation of its license, appeal as provided in s. 48.72.

SB601, s. 119 Section 119. 48.831 (title) of the statutes is amended to read:

SB601,43,12 48.831 (title) Appointment of guardian for child without a living parent for adoptability finding.

SB601, s. 120 Section 120. 48.831 (1) of the statutes is amended to read:

SB601,43,20 48.831 (1) Type of guardianship. This section may be used for the appointment of a guardian of a child who does not have a living parent if a finding as to the adoptability of a child is sought. Chapter Except as provided in s. 48.977, ch. 880 applies to the appointment of a guardian for a child who does not have a living parent for all other purposes. An appointment of a guardian of the estate of a child who does not have a living parent shall be conducted in accordance with the procedures specified in ch. 880.

SB601, s. 121 Section 121. 48.833 of the statutes is amended to read:

SB601,44,8 48.833 Placement of children for adoption by the department, county departments and child welfare agencies. The department, a county department under s. 48.57 (1) (e) or (hm) or a child welfare agency licensed under s. 48.60 may place a child for adoption in a licensed foster home or a licensed treatment foster home without a court order if the department, county department under s. 48.57 (1) (e) or (hm) or the child welfare agency is the guardian of the child or makes the placement at the request of another agency which is the guardian of the child. When a child is placed under this section in a licensed foster home or a licensed treatment foster home for adoption, the department, county department or child welfare agency making the placement shall enter into a written agreement with the adoptive parent, which shall state the date on which the child is placed in the licensed foster home or licensed treatment foster home for adoption by the adoptive parent.

SB601, s. 122 Section 122. 48.837 (1) of the statutes is amended to read:

SB601,44,13 48.837 (1) Adoptive placement. A parent having custody of a child and the proposed adoptive parent or parents of the child may petition the court for placement of the child for adoption in the home of a person who is not a relative of the child if the home is licensed as a foster home or treatment foster home under s. 48.62.

SB601, s. 123 Section 123. 48.975 (3) (a) of the statutes is amended to read:

SB601,44,20 48.975 (3) (a) Maintenance. For support of a child who was in foster care or treatment foster care immediately prior to adoption, the adoption assistance for maintenance shall be equivalent to the amount of that child's foster care or treatment foster care payment. For support of a child not in foster care or treatment foster care immediately prior to placement with a subsidy, the adoption assistance for maintenance shall be equivalent to the uniform foster care rate.

SB601, s. 124 Section 124. 48.977 of the statutes is created to read:

SB601,44,24 48.977 Appointment of relatives or village foster parents as guardians for certain children in need of protection or services. (1) Definition. In this section:

SB601,45,2 (a) "Relative" means a relative as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a) 2. a.

SB601,45,3 (b) "Village foster parent" means a person licensed under s. 48.62 (1) (c).