AB824: Bill Text

LRB-4414/1

GMM:jld:ph

2009 - 2010 LEGISLATURE

2009 Assembly BILL 824

March 9, 2010 - Introduced by Joint Legislative Council. Referred to Committee on Children and Families.

AB824,1,3 An Act to create 48.648 and 48.649 of the statutes; relating to: creating expectations for foster children and foster parents and requiring the exercise of rule-making authority.

Analysis by the Legislative Reference Bureau

This bill is explained in the Notes provided by the Joint Legislative Council in the bill.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Joint Legislative Council prefatory note: This bill was prepared for the Special Committee on Strengthening Wisconsin Families.

The bill requires the Department of Children and Families (DCF) to create expectations for foster children and foster parents by rule. Under the bill, a foster child or foster parent must receive a written copy of the applicable expectations in his or her primary language, if possible. The expectations must also be explained orally using language or means that ensure that the child or foster parent understands the meaning of the expectations. For a foster child, the oral explanation must also use language or means that are appropriate to the child's age and developmental level. The copy of the expectations given to a foster child or foster parent or materials accompanying the copy of the expectations must include relevant community-specific contact information and other information.

AB824, s. 1 Section 1. 48.648 of the statutes is created to read:

AB824,2,7 48.648 Expectations for foster children. (1) The department and all county departments and licensed child welfare agencies shall assure that all foster children have the expectations of receiving basic care, of being free from abuse, of having the opportunity to maintain relationships, of having the opportunity to participate in activities of their choice, and of having the opportunity to advocate for themselves.

AB824,2,9 (2) The department shall promulgate rules setting forth expectations for foster children. Those expectations may include the expectation of any of the following:

AB824,2,11 (a) Living in a safe, healthful, and comfortable home where the foster child is treated with respect.

AB824,2,12 (b) Receiving adequate and healthful food and adequate clothing.

AB824,2,13 (c) Receiving medical, dental, vision, and mental health services.

AB824,2,15 (d) Having fair and equal access to all available services, placement, care, treatment, and benefits.

AB824,2,16 (e) Having storage space for private use.

AB824,2,18 (f) Being free from physical, sexual, emotional, or other abuse or corporal punishment.

AB824,2,20 (g) Being free from the administration of medication or chemical substances, unless authorized by a physician.

AB824,2,21 (h) Not being locked in any room.

AB824,2,22 (i) Being free from unreasonable searches of personal belongings.

AB824,3,2 (j) Being free from discrimination or harassment on the basis of the foster child's actual or perceived race, ethnicity, ancestry, national origin, religion, sex, sexual orientation, mental or physical disability, or human immunodeficiency virus status.

AB824,3,3 (k) Contacting family members, unless prohibited by court order.

AB824,3,4 (L) Visiting and contacting siblings, unless prohibited by court order.

AB824,3,8 (m) Contacting the department, a county department, or a licensed child welfare agency regarding violations of rights or requesting a change in placement, speaking to representatives of those agencies confidentially, and being free from threats or punishments for making complaints.

AB824,3,11 (n) Making and receiving confidential telephone calls and sending and receiving confidential mail and electronic mail, if electronic mail is available at the foster child's placement.

AB824,3,12 (o) Attending court hearings and speaking to the judge.

AB824,3,15 (p) Reviewing the foster child's own permanency plan if the foster child is over 12 years of age and receiving information about that permanency plan and any changes to that permanency plan.

AB824,3,16 (q) Attending religious services and activities of the foster child's choice.

AB824,3,18 (r) Managing personal income, consistent with the foster child's age and developmental level, unless prohibited by the foster child's case plan.

AB824,3,21 (s) Attending school and participating in extracurricular, cultural, and personal enrichment activities, consistent with the foster child's age and developmental level.

AB824,3,23 (t) Working, as permitted under state and federal law, and developing job skills at an age-appropriate level.

AB824,3,25 (u) Having social contacts with people outside of the child welfare system, such as teachers, church members, mentors, and friends.

AB824,4,4 (v) Having access, if the foster child is 14 years of age or over, to information regarding the educational options available, including the prerequisites for vocational and postsecondary education options and information regarding financial aid for postsecondary education.

AB824,4,13 (3) When a child is placed in a foster home, the department, county department, or licensed child welfare agency placing the child shall provide the child with a written copy of the expectations for foster children in the child's primary language, if possible, and shall inform the child of the expectations orally using language or means that are appropriate to the child's age and developmental level and that ensure that the child understands the meaning of the expectations. The department, county department, or licensed child welfare agency shall include relevant community-specific contact information and other information in the copy of the expectations or in material accompanying the copy of the expectations.

Note: Requires DCF to create expectations for foster children by rule and requires DCF, a county department, or a licensed child welfare agency placing a child in a foster home to provide the child with a written copy of the expectations in the child's primary language, if possible, when the child is placed in the foster home and to inform the child of the expectations orally using language or means that are appropriate to the child's age and developmental level and that ensure that the child understands the meaning of the expectations. The copy of the expectations or material accompanying the copy of the expectations must include relevant community-specific contact information and other information.

AB824, s. 2 Section 2. 48.649 of the statutes is created to read:

AB824,4,18 48.649 Expectations for foster parents. (1) The department and all county departments and licensed child welfare agencies shall assure that all foster parents have the expectation of being treated with dignity, respect, and consideration as a professional member of the child welfare team.

AB824,5,3 (2) The department shall promulgate rules setting forth the expectations for foster parents. Those expectations may include the expectations of any of the following:

AB824,5,5 (a) Being given training prior to receiving children in the home and appropriate ongoing training to the foster parent's needs and improve the foster parent's skills.

AB824,5,8 (b) Being informed of how to contact the appropriate agency in order to receive information on and assistance in accessing supportive services for a child in the foster parent's care.

AB824,5,11 (c) Receiving timely financial reimbursement commensurate with the care needs of a foster child in the foster parent's care as specified in the foster child's permanency plan.

AB824,5,14 (d) Being provided with a clear, written understanding of the permanency plan and case plan of a child who is placed in the foster parent's care to the extent that those plans concern the placement of the child in the foster parent's home.

AB824,5,18 (e) Being provided a fair, timely, and impartial investigation of complaints concerning the foster parent's licensure, being provided with the opportunity to have a person of the foster parent's choosing present during the investigation, and being provided due process during the investigation.

AB824,5,21 (f) Receiving information that is necessary and relevant to the care of a foster child who is placed in the foster parent's care at any time during which the foster child is placed with the foster parent.

AB824,5,25 (g) Being notified of scheduled meetings, and being provided with information, relating to the case management of a foster child who is placed in the foster parent's care in order to actively participate in the case planning and decision-making process regarding the foster child.