AB406,24 2Section 24. 48.385 of the statutes, as affected by 2015 Wisconsin Act 55, is
3renumbered 48.385 (intro.) and amended to read:
AB406,15,14 448.385 Plan for transition to independent living. (intro.) During the 90
5days immediately before a child who is placed in a foster home, group home, or
6residential care center for children and youth, in the home of a relative other than
7a parent, or in a supervised independent living arrangement attains 18 years of age
8or, if the child is placed in such a placement under an order under s. 48.355, 48.357,
9or 48.365 that terminates under s. 48.355 (4) (b) after the child attains 18 years of
10age or under a voluntary transition-to-independent-living agreement under s.
1148.366 (3) that terminates under s. 48.366 (3) (a) after the child attains 18 years of
12age, during the 90 days immediately before the termination of the order or
13agreement, the agency primarily responsible for providing services to the child under
14the order or agreement shall provide do all of the following:
AB406,15,20 15(1) Transition plan. Provide the child with assistance and support in
16developing a plan for making the transition from out-of-home care to independent
17living. The transition plan shall be personalized at the direction of the child, shall
18be as detailed as the child directs, and shall include specific options for obtaining
19housing, health care, education, mentoring and continuing support services, and
20workforce support and employment services.
AB406,25 21Section 25. 48.385 (2) of the statutes is created to read:
AB406,16,522 48.385 (2) Identification documents and other information. Except as
23provided in this subsection, ensure that the child is in possession of a certified copy
24of the child's birth certificate, a social security card issued by the federal social
25security administration, information on maintaining health care coverage, a copy of

1the child's health care records, and either an operator's license issued under ch. 343
2or an identification card issued under s. 343.50. If the child is not in possession of
3any of those documents or that information, the agency shall assist the child in
4obtaining any missing document or information. This subsection does not apply to
5a child who has been placed in out-of-home care for less than 6 months.
AB406,26 6Section 26. 48.427 (1) of the statutes is amended to read:
AB406,16,117 48.427 (1) Any party may present evidence relevant to the issue of disposition,
8including expert testimony, and may make alternative dispositional
9recommendations to the court. After receiving any evidence related to the
10disposition, the court shall enter one of the dispositions specified under subs. (2) to
11(4) (3p) within 10 days.
AB406,27 12Section 27. 48.427 (4) of the statutes is repealed.
AB406,28 13Section 28. 48.427 (5) of the statutes is amended to read:
AB406,16,1914 48.427 (5) In placing an Indian child in a preadoptive placement following a
15transfer of guardianship and custody under sub. (3m) or (3p) or in placing an Indian
16child in sustaining care under sub. (4)
, the court or an agency specified in sub. (3m)
17(a) 1. to 4. or (am) shall comply with the order of placement preference under s. 48.028
18(7) (b) or, if applicable, s. 48.028 (7) (c), unless the court or agency finds good cause,
19as described in s. 48.028 (7) (e), for departing from that order.
AB406,29 20Section 29. 48.428 of the statutes is repealed.
AB406,30 21Section 30. 48.43 (4) of the statutes is amended to read:
AB406,17,322 48.43 (4) A certified copy of the order terminating parental rights shall be
23furnished by the court to the agency given guardianship for placement for adoption
24of the child or to the person or agency given custodianship or guardianship for
25placement of the child in sustaining care and
to the person appointed as the guardian

1of the child under s. 48.977 (2). The court shall, upon request, furnish a certified copy
2of the child's birth certificate and a transcript of the testimony in the termination of
3parental rights hearing to the same person or agency.
AB406,31 4Section 31. 48.43 (5) (b) 2m. of the statutes is created to read:
AB406,17,175 48.43 (5) (b) 2m. If the permanency goal of the child's permanency plan is
6placement of the child in a planned permanent living arrangement described in ss.
748.38 (4) (fg) 5., the agency that prepared the report shall present to the court specific
8information showing that intensive and ongoing efforts were made by the agency,
9including searching social media, to return the child to the child's home or to place
10the child for adoption, with a guardian, or with a fit and willing relative and that
11those efforts have proved unsuccessful and specific information showing the steps
12taken by the agency, including consultation with the child, to ascertain whether the
13child has regular, ongoing opportunities to engage in age or developmentally
14appropriate activities and to ensure that the child's caregiver is applying the
15reasonable and prudent parent standard to decisions concerning the child's
16participation in those activities. In addition, at the hearing the court shall consult
17with the child about the permanency outcome desired by the child.
AB406,32 18Section 32. 48.481 (2) of the statutes is amended to read:
AB406,18,219 48.481 (2) Transition to independent living a successful adulthood. The
20department shall distribute at least $231,700 in each fiscal year for the purpose of
21assisting individuals who attain the age of 18 while residing in a foster home, group
22home, or residential care center for children and youth, in the home of a relative other
23than a parent, or in a supervised independent living arrangement to make the
24transition from out-of-home care to independent living a successful adulthood. No

1county may use funds provided under this subsection to replace funds previously
2used by the county for this purpose.
AB406,33 3Section 33. 48.627 (title) of the statutes is amended to read:
AB406,18,5 448.627 (title) Foster and family-operated group home parent insurance
5and liability.
AB406,34 6Section 34. 48.627 (1) of the statutes is repealed.
AB406,35 7Section 35. 48.627 (2) (a) of the statutes is amended to read:
AB406,18,148 48.627 (2) (a) Before the department, a county department, or a licensed child
9welfare agency may issue, renew, or continue a foster home or family-operated group
10home
license, the licensing agency shall require the applicant to furnish proof
11satisfactory to the licensing agency that he or she has homeowner's or renter's
12liability insurance that provides coverage for negligent acts or omissions by children
13placed in a foster home or family-operated group home that result in bodily injury
14or property damage to 3rd parties.
AB406,36 15Section 36. 48.627 (2c) of the statutes is amended to read:
AB406,18,2316 48.627 (2c) The department shall determine the cost-effectiveness of
17purchasing private insurance that would provide coverage to foster and
18family-operated group home
parents for acts or omissions by or affecting a child who
19is placed in a foster home or a family-operated group home. If this private insurance
20is cost-effective and available, the department shall purchase the insurance from
21the appropriations under s. 20.437 (1) (cf) and (pd). If the insurance is unavailable,
22payment of claims for acts or omissions by or affecting a child who is placed in a foster
23home or a family-operated group home shall be in accordance with subs. (2m) to (3).
AB406,37 24Section 37. 48.627 (2m) of the statutes is amended to read:
AB406,19,9
148.627 (2m) Within the limits of the appropriations under s. 20.437 (1) (cf) and
2(pd), the department shall pay claims to the extent not covered by any other
3insurance and subject to the limitations specified in sub. (3), for bodily injury or
4property damage sustained by a licensed foster or family-operated group home
5parent or a member of the foster or family-operated group home parent's family as
6a result of the act of a child in the foster or family-operated group home parent's care
7or as a result of an act or omission of the foster parent in granting permission for a
8child in the foster parent's care to participate in an age or developmentally
9appropriate activity
.
AB406,38 10Section 38. 48.627 (2s) (a) of the statutes is amended to read:
AB406,19,1411 48.627 (2s) (a) Acts or omissions of the foster or family-operated group home
12parent that result in bodily injury to the child who is placed in the foster home or
13family-operated group home
or that form the basis for a civil action for damages by
14the foster child's parent against the foster or family-operated group home parent.
AB406,39 15Section 39. 48.627 (2s) (am) of the statutes is created to read:
AB406,19,1816 48.627 (2s) (am) Acts or omission of the foster parent in granting permission
17for a child who is placed in the foster home to participate in an age or developmentally
18appropriate activity.
AB406,40 19Section 40. 48.627 (2s) (b) of the statutes is amended to read:
AB406,19,2220 48.627 (2s) (b) Bodily injury or property damage caused by an act or omission
21of a child who is placed in the foster or family-operated group home parent's care for
22which the foster or family-operated group home parent becomes legally liable.
AB406,41 23Section 41. 48.627 (3) (b) of the statutes is amended to read:
AB406,20,424 48.627 (3) (b) A claim under sub. (2m) shall be submitted to the department
25within 90 days after the bodily injury or property damage occurs. A claim under sub.

1(2s) shall be submitted to the department within 90 days after a foster or
2family-operated group home
parent learns that a legal action has been commenced
3against that parent. No claim may be paid under this subsection unless it is
4submitted within the time limits specified in this paragraph.
AB406,42 5Section 42. 48.627 (3) (d) of the statutes is amended to read:
AB406,20,106 48.627 (3) (d) No claim may be approved in an amount exceeding the total
7amount available for paying claims under this subsection in the fiscal year during
8which the claim is submitted. No claim for property damage sustained by a foster
9or family-operated group home parent or a member of a foster or family-operated
10group home
parent's family may be approved in an amount exceeding $250,000.
AB406,43 11Section 43. 48.627 (3) (e) of the statutes is amended to read:
AB406,20,1812 48.627 (3) (e) The department may not approve a claim unless the foster or
13family-operated group home
parent submits with the claim evidence that is
14satisfactory to the department of the cause and value of the claim and evidence that
15insurance coverage is unavailable or inadequate to cover the claim. If insurance is
16available but inadequate, the department may approve a claim only for the amount
17of the value of the claim that it the department determines is in excess of the amount
18covered by insurance.
AB406,44 19Section 44. 48.627 (3) (f) of the statutes is amended to read:
AB406,21,520 48.627 (3) (f) If the total amount of the claims approved during any calendar
21quarter exceeds 25% 25 percent of the total funds available during the fiscal year for
22purposes of this subsection plus any unencumbered funds remaining from the
23previous quarter, the department shall prorate the available funds among the
24claimants with approved claims. The department shall also prorate any
25unencumbered funds remaining in the appropriation under s. 20.437 (1) (cf) at the

1end of each fiscal year among the claimants whose claims were prorated during the
2fiscal year. Payment of a prorated amount from unencumbered funds remaining at
3the end of the fiscal year constitutes a complete payment of the claim for purposes
4of this program, but does not prohibit a foster parent or family-operated group home
5parent
from submitting a claim under s. 16.007 for the unpaid portion.
AB406,45 6Section 45. 48.627 (3) (h) of the statutes is amended to read:
AB406,21,127 48.627 (3) (h) If a claim by a foster or family-operated group home parent or
8a member of the foster or family-operated group home parent's family is approved,
9the department shall deduct from the amount approved $100 less any amount
10deducted by an insurance company from a payment for the same claim, except that
11a foster or family-operated group home parent and his or her family are subject to
12only one deductible for all claims filed in a fiscal year.
AB406,46 13Section 46. 48.627 (4) of the statutes is amended to read:
AB406,21,1914 48.627 (4) Except as provided in s. 895.485, the department is not liable for any
15act or omission by or affecting a child who is placed in a foster home or
16family-operated group home
, but shall, as provided in this section, pay claims
17described under sub. (2m) and may pay claims described under sub. (2s) or may
18purchase insurance to cover such claims as provided for under sub. (2c), within the
19limits of the appropriations under s. 20.437 (1) (cf) and (pd).
AB406,47 20Section 47. 48.647 (3) (d) of the statutes is amended to read:
AB406,22,221 48.647 (3) (d) Ensure that an eligible person receiving services from the private
22agency's program is provided with intake, assessment, case planning, and case
23management services; skills development training in the areas of economic
24self-sufficiency, parenting, independent successful adult living, and life choice
25decision making; prenatal and other health care services, including, if necessary,

1mental health and alcohol and other drug abuse services; child care; and
2transportation.
AB406,48 3Section 48. 48.647 (4) of the statutes is amended to read:
AB406,22,134 48.647 (4) Evaluation. From the appropriation under s. 20.437 (1) (f), the
5department shall conduct or shall select an evaluator to conduct an evaluation of the
6grant program under this section and, by June 1 of the 3rd calendar year beginning
7after the year in which the first grant under this section is awarded, shall submit a
8report on that evaluation to the governor and to the appropriate standing committees
9under s. 13.172 (3). The evaluation shall measure the economic self-sufficiency,
10parenting skills, independent successful adult living skills, and life choice
11decision-making skills of the eligible persons who received services under the
12program and any other criteria that the department determines to be appropriate for
13evaluation.
AB406,49 14Section 49. 48.67 (4) (a) 1m. of the statutes is created to read:
AB406,23,215 48.67 (4) (a) 1m. Knowledge and skills relating to the use of the reasonable and
16prudent parent standard in making decisions concerning a child's participation in
17age or developmentally appropriate activities including knowledge and skills
18relating to the stages in the development of cognitive, emotional, physical, and
19behavioral capacities of children and knowledge and skills relating to applying that
20standard in making decisions regarding a child's participation in extracurricular,
21enrichment, cultural, or social activities, such as sports, field trips, overnight, and
22other recreational activities, in making decisions involving the signing of permission
23slips and the arrangement of transportation to and from those activities, and in
24making decisions regarding the child's choices with respect to transportation,
25employment, peer relationships, and personal expression. Those rules shall require

1a foster parent who has received that training to make reasonable and prudent
2parenting decisions in accordance with the reasonable and prudent parent standard.
AB406,50 3Section 50. 48.67 (5) of the statutes is created to read:
AB406,23,154 48.67 (5) That all child welfare agencies that operate a residential care center
5for children and youth, all group homes, and all shelter care facilities employ on the
6site of the center, group home, or shelter care facility at all times a staff member
7designated as an out-of-home care provider for purposes of making decisions
8concerning the participation of a child placed in the center, group home, or shelter
9care facility in age or developmentally appropriate activities. Those rules shall also
10require an out-of-home care provider so designated to receive training in knowledge
11and skills relating to the use of the reasonable and prudent parent standard in
12making decisions concerning a child's participation in age or developmentally
13appropriate activities. In addition, those rules shall require an out-of-home care
14provider so trained to make reasonable and prudent parenting decisions in
15accordance with the reasonable and prudent parent standard.
AB406,51 16Section 51. 48.977 (7) (e) of the statutes is amended to read:
AB406,23,1917 48.977 (7) (e) Termination on termination of parental rights. If a court enters
18an order under s. 48.427 (3p) or 48.428 (2) (b), the court shall terminate the
19guardianship under this section.
AB406,52 20Section 52. 49.34 (4) (a) of the statutes is amended to read:
AB406,24,621 49.34 (4) (a) Except as provided in this subsection, maintain a uniform double
22entry accounting system and a management information system which that are
23compatible with cost accounting and control systems prescribed by the department.
24The department shall establish a simplified double-entry bookkeeping system for
25use by family-operated group homes. Each purchaser shall determine whether a

1family-operated group home from which it purchases services shall use the
2double-entry accounting system or the simplified system and shall include this
3determination in the purchase of service contract. In this paragraph,
4"family-operated group home" means a group home licensed under s. 48.66 (1) (a) for
5which the licensee is one or more individuals who operate not more than one group
6home.
AB406,53 7Section 53. 49.34 (4) (c) of the statutes is amended to read:
AB406,24,138 49.34 (4) (c) Unless waived by the department, biennially, or annually if
9required under federal law, provide the purchaser with a certified financial and
10compliance audit report if the care and services purchased exceed $25,000. The audit
11shall follow standards that the department prescribes. A purchaser may waive the
12requirements of this paragraph for any family-operated group home, as defined in
13par. (a), from which it purchases services.
AB406,54 14Section 54. 115.76 (12) (a) 8. of the statutes is repealed.
AB406,55 15Section 55. 167.10 (7) of the statutes is amended to read:
AB406,24,1916 167.10 (7) Parental liability. A parent, foster parent, family-operated group
17home parent, or
legal guardian, or other out-of-home care provider, as defined in s.
1848.02 (12r),
of a minor who consents to the use of fireworks by the minor is liable for
19damages caused by the minor's use of the fireworks.
AB406,56 20Section 56. 809.107 (2) (bm) (intro.) of the statutes is amended to read:
AB406,25,821 809.107 (2) (bm) Notice of intent to pursue postdisposition or appellate relief.
22(intro.) A person shall initiate an appeal under this section by filing, within 30 days
23after the date of entry of the judgment or order appealed from, as specified in s.
24808.04 (7m), a notice of intent to pursue postdisposition or appellate relief with the
25clerk of the circuit court in which the judgment or order appealed from was entered.

1Also within that time period, the appellant shall serve a copy of the notice of intent
2on the person representing the interests of the public, opposing counsel, the guardian
3ad litem appointed under s. 48.235 (1) (c) for the child who is the subject of the
4proceeding, the child's parent and any guardian and any custodian appointed under
5s. 48.427 (3) or 48.428 (2). If the record discloses that final adjudication occurred
6after the notice of intent was filed, the notice shall be treated as filed after entry of
7the judgment or order appealed from on the day of the entry of the final judgment
8or order. The notice of intent shall include all of the following:
AB406,57 9Section 57. 895.485 (title) of the statutes is amended to read:
AB406,25,12 10895.485 (title) Civil liability exemption; out-of-home care providers
11and child-placing
agencies, foster parents and family-operated group
12home parents
.
AB406,58 13Section 58. 895.485 (1) (title) of the statutes is created to read:
AB406,25,1414 895.485 (1) (title) Definitions.
AB406,59 15Section 59. 895.485 (1) (a) of the statutes is repealed.
AB406,60 16Section 60. 895.485 (1) (ag) of the statutes is created to read:
AB406,25,1817 895.485 (1) (ag) "Age or developmentally appropriate activities" has the
18meaning given in s. 48.02 (1dm).
AB406,61 19Section 61. 895.485 (1) (c) of the statutes is created to read:
AB406,25,2120 895.485 (1) (c) "Out-of-home care provider" has the meaning given in s. 48.02
21(12r).
AB406,62 22Section 62. 895.485 (1) (d) of the statutes is created to read:
AB406,25,2423 895.485 (1) (d) "Reasonable and prudent parent standard" has the meaning
24given in s. 48.02 (14r).
AB406,63 25Section 63. 895.485 (2) of the statutes is amended to read:
AB406,26,3
1895.485 (2) Foster parents; liability exemption. Except as provided in ss.
2167.10 (7) and 343.15 (2), any foster or family-operated group home parent licensed
3under s. 48.62 or 48.625 is immune from civil liability for any of the following:
AB406,26,64 (a) An act or omission of the foster or family-operated group home parent while
5that parent is acting in his or her capacity as a foster or family-operated group home
6parent.
AB406,26,97 (b) An act or omission of a child who is placed in a foster home or
8family-operated group home
while the child is in the foster or family-operated group
9home
parent's care.
AB406,64 10Section 64. 895.485 (3) of the statutes is amended to read:
AB406,26,2111 895.485 (3) Foster parents; exceptions to liability exemption. The immunity
12specified in sub. (2) does not apply if the act or omission of a foster or family-operated
13group home
parent was not done in good faith or was not in compliance with any
14written instructions received from the agency that placed the child regarding specific
15care and supervision of the child. The good faith of a foster or family-operated group
16home
parent and the compliance of the foster or family-operated group home parent
17with any written instructions received from the agency that placed the child are
18presumed in a civil action. Any person who asserts that a foster or family-operated
19group home
parent did not act in good faith, or did not comply with written
20instructions received from the agency that placed the child, has the burden of proving
21that assertion.
AB406,65 22Section 65. 895.485 (4) (intro.) of the statutes is amended to read:
AB406,27,223 895.485 (4) Child-placing agencies; liability exemption; exceptions. (intro.)
24Any agency that acts in good faith in placing a child with a foster or family-operated
25group home
parent is immune from civil liability for any act or omission of the agency,

1the foster or family-operated group home parent, or the child unless all of the
2following occur:
AB406,66 3Section 66. 895.485 (4) (a) of the statutes is amended to read:
AB406,27,104 895.485 (4) (a) The agency has failed to provide the foster or family-operated
5group home
parent with any information relating to a medical, physical, mental, or
6emotional condition of the child that it the agency is required to disclose under this
7paragraph. The department of children and families shall promulgate rules
8specifying the kind of information that an agency shall disclose to a foster or
9family-operated group home
parent that relates to a medical, physical, mental, or
10emotional condition of the child.
AB406,67 11Section 67. 895.485 (5) and (6) of the statutes are created to read:
AB406,28,312 895.485 (5) Out-of-home care providers; liability exemption. Except as
13provided in ss. 167.10 (7) and 343.15 (2), an out-of-home care provider who grants
14permission for a child in the care of the out-of-home care provider to participate in
15an age or developmentally appropriate activity is immune from civil liability for any
16act or omission of the out-of-home care provider in granting that permission if in
17granting that permission the out-of-home care provider applied the reasonable and
18prudent parent standard in accordance with the requirements of ss. 48.383 (1) and
19938.383 (1) and the rules promulgated under ss. 48.383 (3) and 938.383 (3). The
20immunity provided under this subsection applies only to the decision granting that
21permission itself and does not extend to any other act or omission of the out-of-home
22care provider, including any act or omission relating to the out-of-home care
23provider's duty to comply with any provision of licensure under s. 48.70, rule
24promulgated under s. 48.67, or any other statute, rule, or regulation that is
25applicable to the out-of-home care provider's duty to protect the health, safety, and

1welfare of the child. The immunity provided under this subsection does not affect any
2immunity from, limitation on, or defense to liability that is available under any other
3statute or the common law.
AB406,28,10 4(6) Out-of-home care providers; liability exemption; presumptions. An
5out-of-home care provider who grants permission for a child in the care of the
6out-of-home care provider to participate in an age or developmentally appropriate
7activity is presumed to have applied the reasonable and prudent parent standard in
8granting that permission. Any person who asserts that an out-of-home care
9provider did not apply the reasonable and prudent parent standard in granting that
10permission has the burden of proving that assertion.
AB406,68 11Section 68. 938.02 (1g) of the statutes is created to read:
AB406,28,1812 938.02 (1g) "Age or developmentally appropriate activities" means activities
13that are generally accepted as suitable for juveniles of a given chronological age or
14level of maturity or that are determined to be developmentally appropriate for a
15juvenile based on the cognitive, emotional, physical, and behavioral capacities that
16are typical for juveniles of a given age or age group or, in the case of a specific juvenile,
17activities that are suitable for the juvenile based on the cognitive, emotional,
18physical, and behavioral capacities of that juvenile.
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