SB601: Bill Text

SB601, s. 148 Section 148. 103.10 (1) (a) (intro.) of the statutes is amended to read:

SB601,60,25 103.10 (1) (a) (intro.) "Child" means a natural, adopted, or foster or treatment foster child, a stepchild or a legal ward to whom any of the following applies:

SB601, s. 149 Section 149. 103.10 (1) (f) of the statutes is amended to read:

SB601,61,4 103.10 (1) (f) "Parent" means a natural parent, foster parent, treatment foster parent, adoptive parent, stepparent or legal guardian of an employe or an employe's spouse.

SB601, s. 150 Section 150. 106.11 (2) (a) 1. d. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,61,8 106.11 (2) (a) 1. d. The individual is a foster child or treatment foster child on behalf of whom state or local government payments are made.

SB601, s. 151 Section 151. 121.79 (1) (d) (intro.) of the statutes is amended to read:

SB601,61,11 121.79 (1) (d) (intro.) For pupils in foster homes , treatment foster homes or group homes, if:

SB601, s. 152 Section 152. 121.79 (1) (d) 1. of the statutes is amended to read:

SB601,61,14 121.79 (1) (d) 1. The foster, treatment foster home or group home is located outside the school district in which the pupil's parent or guardian resides; and

SB601, s. 153 Section 153. 121.79 (1) (d) 2. of the statutes is amended to read:

SB601,61,17 121.79 (1) (d) 2. The foster, treatment foster home or group home is exempted under s. 70.11.

SB601, s. 154 Section 154. 146.0255 (2) of the statutes is amended to read:

SB601,62,7 146.0255 (2) Testing. Any hospital employe who provides health care, social worker or foster care or treatment foster care intake worker may refer an infant to a physician for testing of the infant's bodily fluids for controlled substances if the hospital employe who provides health care, social worker or foster care or treatment foster care intake worker suspects that the infant has controlled substances in the infant's bodily fluids because of the mother's ingestion of controlled substances while she was pregnant with the infant. The physician may test the infant to ascertain whether or not the infant has controlled substances in the infant's bodily fluids, if the parent or guardian consents to the testing and if the physician determines that there is a serious risk that there are controlled substances in the infant's bodily fluids because of the mother's ingestion of controlled substances while she was pregnant with the infant. If the results of the test indicate that the infant does have controlled substances in the infant's bodily fluids, the physician shall make a report under s. 46.238.

SB601, s. 155 Section 155. 167.10 (7) of the statutes is amended to read:

SB601,62,12 167.10 (7) Parental liability. A parent, foster parent, treatment foster parent, family-operated group home parent or legal guardian of a minor who consents to the use of fireworks by the minor is liable for damages caused by the minor's use of the fireworks.

SB601, s. 156 Section 156. 301.26 (4) (d) 3m. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB601,62,20 301.26 (4) (d) 3m. Beginning on July 1, 1996, and ending on December 31, 1996, the per person daily cost assessment to counties shall be $153.98 for care in a child caring institution, $106.82 for care in a group home for children, $23.80 for care in a foster home, $68.58 for care in a treatment foster home, $68.58 for care in a village foster home, $82.11 for departmental corrective sanctions services and $11.48 for departmental aftercare services.

SB601, s. 157 Section 157. 301.26 (4) (d) 4. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB601,63,3 301.26 (4) (d) 4. Beginning on January 1, 1997, and ending on June 30, 1997, the per person daily cost assessment to counties shall be $157.08 for care in a child caring institution, $108.98 for care in a group home for children, $24.29 for care in a foster home, $69.95 for care in a treatment foster home, $69.95 for care in a village foster home, $82.11 for departmental corrective sanctions services and $11.48 for departmental aftercare services.

SB601, s. 158 Section 158. 301.26 (4) (e) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB601,63,10 301.26 (4) (e) For foster care, treatment foster care, group home care and institutional child care to delinquent children under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52 all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (3) (ho).

SB601, s. 159 Section 159. 301.26 (4) (ed) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB601,63,16 301.26 (4) (ed) For foster care, treatment foster care, group home care and institutional child care to serious juvenile offenders under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52 all uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (3) (ho).

SB601, s. 160 Section 160. 343.15 (4) (a) 3. of the statutes is amended to read:

SB601,63,20 343.15 (4) (a) 3. A person who is a ward of the state, county or court and who has been placed in a foster home or a treatment foster home or in the care of a religious welfare service.

SB601, s. 161 Section 161. 619.01 (1) (a) of the statutes is amended to read:

SB601,64,6 619.01 (1) (a) Establishment of plans. If the commissioner finds after a hearing that in any part of this state automobile insurance, property insurance, health care liability insurance, liability insurance but not to include coverage for risks which are determined to be uninsurable, worker's compensation insurance, insurance coverage for foster homes or treatment foster homes or insurance coverage for group homes is not readily available in the voluntary market, and that the public interest requires such availability, the commissioner may by rule either promulgate plans to provide such insurance coverages for any risks in this state which are equitably entitled to but otherwise unable to obtain such coverage, or may call upon the insurance industry to prepare plans for the commissioner's approval.

SB601, s. 162 Section 162. 619.01 (1) (c) 1. of the statutes is amended to read:

SB601,64,15 619.01 (1) (c) 1. Each plan, except a health care liability insurance plan, a foster home protection insurance plan, a treatment foster home protection insurance plan or a group home protection insurance plan, shall require participation by all insurers doing any business in this state of the types covered by the specific plan and all agents licensed to represent such insurers in this state for the specified types of business, except that the commissioner may exclude classes of persons for administrative convenience or because it is not equitable or practicable to require them to participate in the plan.

SB601, s. 163 Section 163. 619.01 (1) (c) 4m. of the statutes is repealed.

SB601, s. 164 Section 164. 619.01 (9) of the statutes is amended to read:

SB601,64,24 619.01 (9) Foster home protection insurance. In this section "foster home protection insurance" means insurance coverage to protect persons who receive a license to operate a foster home under s. 48.62 (1) (a) against the unique risks, determined by the commissioner, to which such persons are exposed. If the persons have insurance which covers any of these risks, the foster home protection insurance may insure against any or all of the other risks, and may provide additional or excess limits coverage for any or all of these risks.

SB601, s. 165 Section 165. 619.01 (9m) of the statutes is repealed.

SB601, s. 166 Section 166. 767.24 (3) (c) of the statutes is amended to read:

SB601,65,7 767.24 (3) (c) The court shall hold a hearing to review the permanency plan within 30 days after receiving a report under par. (b). 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 parents, the child, if he or she is 12 years of age or over, and the child's foster parent, treatment foster parent or the operator of the facility in which the child is living.

SB601, s. 167 Section 167. 786.37 of the statutes is amended to read:

SB601,65,17 786.37 Change of name, notice of application. Before applying to the court for changing or establishing a name, the applicant shall publish a class 3 notice under ch. 985 stating the nature of the application and when and where the application will be made. This section does not apply to the name change of a minor if parental rights to the minor have been terminated and guardianship and legal custody transferred under subch. VIII of ch. 48, and the minor has been placed in a permanent foster home or a permanent treatment foster home, where the guardian and legal custodian have petitioned to change the minor's name to the name or names of the minor's foster parents or treatment foster parents.

SB601, s. 168 Section 168 . 808.075 (4) (a) 10. of the statutes is created to read:

SB601,65,19 808.075 (4) (a) 10. Revision of guardianship order under s. 48.977 (6).

SB601, s. 169 Section 169 . 808.075 (4) (a) 11. of the statutes is created to read:

SB601,65,22 808.075 (4) (a) 11. Termination of guardianship under s. 48.977 (7), including removal of a guardian.

SB601, s. 170 Section 170. 809.105 (13) of the statutes is amended to read:

SB601,66,7 809.105 (13) Certain persons barred from proceedings. No parent, or guardian or legal custodian, if one has been appointed, or foster parent or treatment foster parent, if the minor has been placed in a foster home or treatment foster home, and the minor's parent has signed a waiver granting the department of health and family services, a county department under s. 46.215, 46.22 or 46.23 , or the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, or adult family member, as defined in s. 48.375 (2) (b), of any minor who has initiated an appeal under this section may attend or intervene in any proceeding under this section.

SB601, s. 171 Section 171. 895.485 (title) of the statutes is amended to read:

SB601,66,10 895.485 (title) Civil liability exemption; agencies, foster parents, treatment foster parents and family-operated group home parents.

SB601, s. 172 Section 172. 895.485 (1) (c) of the statutes is repealed.

SB601, s. 173 Section 173. 895.485 (2) (a) of the statutes is amended to read:

SB601,66,15 895.485 (2) (a) An act or omission of the foster, treatment foster parent or family-operated group home parent while that parent is acting in his or her capacity as a foster, treatment foster parent or family-operated group home parent.

SB601, s. 174 Section 174. 895.485 (2) (b) of the statutes is amended to read:

SB601,66,20 895.485 (2) (b) An act or omission of a child who is placed in a foster home, treatment foster home or family-operated group home while the child is in the care of the foster, treatment foster parent or family-operated group home parent's care parent.

SB601, s. 175 Section 175. 895.485 (3) of the statutes is amended to read:

SB601,67,8 895.485 (3) The immunity specified in sub. (2) does not apply if the act or omission of a foster, treatment foster parent or family-operated group home parent was not done in good faith or was not in compliance with any written instructions, received from the agency that placed the child, regarding specific care and supervision of the child. The good faith of a foster, treatment foster parent or family-operated group home parent and the compliance of the foster , treatment foster parent or family-operated group home parent with any written instructions received from the agency that placed the child are presumed in a civil action. Any person who asserts that a foster, treatment foster parent or family-operated group home parent did not act in good faith, or did not comply with written instructions received from the agency that placed the child, has the burden of proving that assertion.

SB601, s. 176 Section 176. 895.485 (4) (intro.) of the statutes is amended to read:

SB601,67,14 895.485 (4) (intro.)  Any agency that acts in good faith in placing a child with a foster, treatment foster parent or family-operated group home parent is immune from civil liability for any act or omission of the agency, the foster , treatment foster parent or family-operated group home parent or the child unless all of the following occur:

SB601, s. 177 Section 177. 895.485 (4) (a) of the statutes is amended to read:

SB601,67,22 895.485 (4) (a) The agency has failed to provide the foster, treatment foster parent or family-operated group home parent with any information relating to a medical, physical, mental or emotional condition of the child that it is required to disclose under this paragraph. The department of health and family services shall promulgate rules specifying the kind of information that an agency shall disclose to a foster, treatment foster parent or family-operated group home parent which relates to a medical, physical, mental or emotional condition of the child.

SB601, s. 178 Section 178. 938.02 (5j) of the statutes is created to read:

SB601,68,3 938.02 (5j) "Family foster home" means a facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 children unless all of the children are siblings.

SB601, s. 179 Section 179. 938.02 (6) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB601,68,9 938.02 (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 juveniles unless all of the juveniles are siblings and includes a family foster home, a treatment foster home and a village foster home.

SB601, s. 180 Section 180. 938.02 (22) of the statutes is created to read:

SB601,68,16 938.02 (22) "Village foster home" means a facility that is operated by a person required to be licensed by s. 48.62 (1) (c), that provides care and maintenance for no more than 6 children, that is clustered in a village setting with other facilities licensed under s. 48.62 (1) (c), that has as its goal the provision of a stable, long-term placement for those children and that employs individuals on a long-term basis to provide that care and maintenance.

SB601, s. 181 Section 181. 938.207 (1) (c) and (f) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB601,68,20 938.207 (1) (c) A licensed foster home or a licensed treatment foster home provided the placement does not violate the conditions of the license.

SB601,68,24 (f) The home of a person not a relative, if the placement does not exceed 30 days, though the placement may be extended for an additional 30 days for cause by the court, and if the person has not had a foster home or treatment foster home license refused, revoked or suspended within the last 2 years.

SB601, s. 182 Section 182. 938.235 (4) (a) 7g. of the statutes is created to read:

SB601,69,3 938.235 (4) (a) 7g. Petition for the appointment of a guardian under s. 48.977 (2), the revision of a guardianship order under s. 48.977 (6) or the removal of a guardian under s. 48.977 (7).

SB601, s. 183 Section 183. 938.33 (4) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB601,69,11 938.33 (4) Other out-of-home placements. (intro.) A report recommending placement in a foster home, treatment foster home, group home or nonsecured child caring institution shall be in writing, except that the report may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record. The report shall include all of the following:

SB601, s. 184 Section 184. 938.33 (5) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB601,69,24 938.33 (5) (title) Identity of foster parent or treatment foster parent; confidentiality. If the report recommends placement in a foster home or a treatment foster home, and the name of the foster parent or treatment foster parent is not available at the time the report is filed, the agency shall provide the court and the juvenile's parent or guardian with the name and address of the foster parent or treatment foster parent within 21 days after the dispositional order is entered, except that the court may order the information withheld from the juvenile's parent or guardian if the court finds that disclosure would result in imminent danger to the juvenile or to the foster parent or treatment foster parent. After notifying the juvenile's parent or guardian, the court shall hold a hearing prior to ordering the information withheld.

SB601, s. 185 Section 185. 938.34 (3) (c) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB601,70,4 938.34 (3) (c) A foster home or treatment foster home licensed under s. 48.62 or a group home licensed under s. 48.625.

SB601, s. 186 Section 186. 938.355 (2) (b) 2. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB601,70,17 938.355 (2) (b) 2. If the juvenile is placed outside the home, the name of the place or facility, including transitional placements, where the juvenile shall be cared for or treated, except that if the placement is a foster home or treatment foster home and the name and address of the foster parent or treatment foster parent is not available at the time of the order, the name and address of the foster parent or treatment foster parent shall be furnished to the court and the parent within 21 days of the order. If, after a hearing on the issue with due notice to the parent or guardian, the court finds that disclosure of the identity of the foster parent or treatment foster parent would result in imminent danger to the juvenile, or the foster parent or the treatment foster parent, the court may order the name and address of the prospective foster parents or treatment foster parents withheld from the parent or guardian.

SB601, s. 187 Section 187. 938.357 (1) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB601,71,16 938.357 (1) The person or agency primarily responsible for implementing the dispositional order may request a change in the placement of the juvenile, whether or not the change requested is authorized in the dispositional order and shall cause written notice to be sent to the juvenile or the juvenile's counsel or guardian ad litem, parent, foster parent, guardian and legal custodian. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court. Any person receiving the notice under this subsection or notice of the specific foster or treatment foster placement under s. 938.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice. Placements shall not be changed until 10 days after such notice is sent to the court unless the parent, guardian or legal custodian and the juvenile, if 12 or more years of age, sign written waivers of objection, except that placement changes which were authorized in the dispositional order may be made immediately if notice is given as required in this subsection. In addition, a hearing is not required for placement changes authorized in the dispositional order except where an objection filed by a person who received notice alleges that new information is available which affects the advisability of the court's dispositional order. If a hearing is held under this subsection and the change in placement would remove a juvenile from a foster home, the foster parent may submit a written statement prior to the hearing.

SB601, s. 188 Section 188. 938.38 (2) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB601,71,24 938.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each juvenile living in a foster home, treatment foster home, group home, child caring institution, secure detention facility or shelter care facility, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 938.355 shall prepare a written permanency plan, if any of the following conditions exists:

SB601, s. 189 Section 189. 938.38 (4) (f) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB601,72,6 938.38 (4) (f) (intro.) The services that will be provided to the juvenile, the juvenile's family and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility where the juvenile is living to carry out the dispositional order, including services planned to accomplish all of the following:

SB601, s. 190 Section 190. 938.38 (5) (b) and (e) of the statutes, as created by 1995 Wisconsin Act 77, are amended to read:

SB601,72,21 938.38 (5) (b) The court or the agency shall notify the parents of the juvenile, the juvenile if he or she is 10 years of age or older and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility in which the juvenile is living of the date, time and place of the review, of the issues to be determined as part of the review, of the fact that they may submit written comments not less than 10 working days before the review and of the fact that they may participate in the review. The court or agency shall notify the person representing the interests of the public, the juvenile's counsel and the juvenile's guardian ad litem of the date of the review, of the issues to be determined as part of the review and of the fact that they may submit written comments not less than 10 working days before the review. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the juvenile's case record.

SB601,73,2 (e) Within 30 days, the agency shall prepare a written summary of the determinations under par. (c) and shall provide a copy to the court that entered the order, the juvenile or the juvenile's counsel or guardian ad litem, the person representing the interests of the public, the juvenile's parent or guardian and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility where the juvenile is living.

SB601, s. 191 Section 191. 938.48 (4) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB601,73,16 938.48 (4) Provide appropriate care and training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4); including serving those juveniles in their own homes, placing them in licensed foster homes or licensed treatment foster homes in accordance with s. 48.63 or licensed group homes, contracting for their care by licensed child welfare agencies or replacing them in juvenile correctional institutions or secured child caring institutions in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for juveniles in its custody unless the department, the school board as defined in s. 115.001 (7) and the secretary of education all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the secretary of education.

SB601, s. 192 Section 192. 938.52 (1) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB601,73,19 938.52 (1) (b) Foster homes or treatment foster homes.