SB309: Bill Text

SB309,18,23 48.627 (2c) The department shall determine the cost-effectiveness of purchasing private insurance that would provide coverage to foster and family-operated group home parents for acts or omissions by or affecting a child who is placed in a 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. 20.437 (1) (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 or a family-operated group home shall be in accordance with subs. (2m) to (3).

SB309,37 Section 37. 48.627 (2m) of the statutes is amended to read:

SB309,19,9 48.627 (2m) Within the limits of the appropriations under s. 20.437 (1) (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 or family-operated group home parent or a member of the foster or family-operated group home parent's family as a result of the act of a child in the foster or family-operated group home parent's care or as a result of an act or omission of the foster parent in granting permission for a child in the foster parent's care to participate in an age or developmentally appropriate activity.

SB309,38 Section 38. 48.627 (2s) (a) of the statutes is amended to read:

SB309,19,14 48.627 (2s) (a) Acts or omissions of the foster or family-operated group home parent that result in bodily injury to the child who is placed in the 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 or family-operated group home parent.

SB309,39 Section 39. 48.627 (2s) (am) of the statutes is created to read:

SB309,19,18 48.627 (2s) (am) Acts or omission of the foster parent in granting permission for a child who is placed in the foster home to participate in an age or developmentally appropriate activity.

SB309,40 Section 40. 48.627 (2s) (b) of the statutes is amended to read:

SB309,19,22 48.627 (2s) (b) Bodily injury or property damage caused by an act or omission of a child who is placed in the foster or family-operated group home parent's care for which the foster or family-operated group home parent becomes legally liable.

SB309,41 Section 41. 48.627 (3) (b) of the statutes is amended to read:

SB309,20,4 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 to the department within 90 days after a foster 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.

SB309,42 Section 42. 48.627 (3) (d) of the statutes is amended to read:

SB309,20,10 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 or family-operated group home parent or a member of a foster or family-operated group home parent's family may be approved in an amount exceeding $250,000.

SB309,43 Section 43. 48.627 (3) (e) of the statutes is amended to read:

SB309,20,18 48.627 (3) (e) The department may not approve a claim unless the foster 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 the department determines is in excess of the amount covered by insurance.

SB309,44 Section 44. 48.627 (3) (f) of the statutes is amended to read:

SB309,21,5 48.627 (3) (f) If the total amount of the claims approved during any calendar quarter exceeds 25% 25 percent 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. 20.437 (1) (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 family-operated group home parent from submitting a claim under s. 16.007 for the unpaid portion.

SB309,45 Section 45. 48.627 (3) (h) of the statutes is amended to read:

SB309,21,12 48.627 (3) (h) If a claim by a foster or family-operated group home parent or a member of the foster or family-operated group home parent's family is approved, the department shall deduct from the amount approved $100 less any amount deducted by an insurance company from a payment for the same claim, except that a foster 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.

SB309,46 Section 46. 48.627 (4) of the statutes is amended to read:

SB309,21,19 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 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. 20.437 (1) (cf) and (pd).

SB309,47 Section 47. 48.647 (3) (d) of the statutes is amended to read:

SB309,22,2 48.647 (3) (d) Ensure that an eligible person receiving services from the private agency's program is provided with intake, assessment, case planning, and case management services; skills development training in the areas of economic self-sufficiency, parenting, independent successful adult living, and life choice decision making; prenatal and other health care services, including, if necessary, mental health and alcohol and other drug abuse services; child care; and transportation.

SB309,48 Section 48. 48.647 (4) of the statutes is amended to read:

SB309,22,13 48.647 (4) Evaluation. From the appropriation under s. 20.437 (1) (f), the department shall conduct or shall select an evaluator to conduct an evaluation of the grant program under this section and, by June 1 of the 3rd calendar year beginning after the year in which the first grant under this section is awarded, shall submit a report on that evaluation to the governor and to the appropriate standing committees under s. 13.172 (3). The evaluation shall measure the economic self-sufficiency, parenting skills, independent successful adult living skills, and life choice decision-making skills of the eligible persons who received services under the program and any other criteria that the department determines to be appropriate for evaluation.

SB309,49 Section 49. 48.67 (4) (a) 1m. of the statutes is created to read:

SB309,23,2 48.67 (4) (a) 1m. Knowledge and skills relating to the use of the reasonable and prudent parent standard in making decisions concerning a child's participation in age or developmentally appropriate activities including knowledge and skills relating to the stages in the development of cognitive, emotional, physical, and behavioral capacities of children and knowledge and skills relating to applying that standard in making decisions regarding a child's participation in extracurricular, enrichment, cultural, or social activities, such as sports, field trips, overnight, and other recreational activities, in making decisions involving the signing of permission slips and the arrangement of transportation to and from those activities, and in making decisions regarding the child's choices with respect to transportation, employment, peer relationships, and personal expression. Those rules shall require a foster parent who has received that training to make reasonable and prudent parenting decisions in accordance with the reasonable and prudent parent standard.

SB309,50 Section 50. 48.67 (5) of the statutes is created to read:

SB309,23,15 48.67 (5) That all child welfare agencies that operate a residential care center for children and youth, all group homes, and all shelter care facilities employ on the site of the center, group home, or shelter care facility at all times a staff member designated as an out-of-home care provider for purposes of making decisions concerning the participation of a child placed in the center, group home, or shelter care facility in age or developmentally appropriate activities. Those rules shall also require an out-of-home care provider so designated to receive training in knowledge and skills relating to the use of the reasonable and prudent parent standard in making decisions concerning a child's participation in age or developmentally appropriate activities. In addition, those rules shall require an out-of-home care provider so trained to make reasonable and prudent parenting decisions in accordance with the reasonable and prudent parent standard.

SB309,51 Section 51. 48.977 (7) (e) of the statutes is amended to read:

SB309,23,19 48.977 (7) (e) Termination on termination of parental rights. If a court enters an order under s. 48.427 (3p) or 48.428 (2) (b), the court shall terminate the guardianship under this section.

SB309,52 Section 52. 49.34 (4) (a) of the statutes is amended to read:

SB309,24,6 49.34 (4) (a) Except as provided in this subsection, maintain a uniform double entry accounting system and a management information system which that are compatible with cost accounting and control systems prescribed by the department. The department shall establish a simplified double-entry bookkeeping system for use by family-operated group homes. Each purchaser shall determine whether a family-operated group home from which it purchases services shall use the double-entry accounting system or the simplified system and shall include this determination in the purchase of service contract. In this paragraph, "family-operated group home" means a group home licensed under s. 48.66 (1) (a) for which the licensee is one or more individuals who operate not more than one group home.

SB309,53 Section 53. 49.34 (4) (c) of the statutes is amended to read:

SB309,24,13 49.34 (4) (c) Unless waived by the department, biennially, or annually if required under federal law, provide the purchaser with a certified financial and compliance audit report if the care and services purchased exceed $25,000. The audit shall follow standards that the department prescribes. A purchaser may waive the requirements of this paragraph for any family-operated group home, as defined in par. (a), from which it purchases services.

SB309,54 Section 54. 115.76 (12) (a) 8. of the statutes is repealed.

SB309,55 Section 55. 167.10 (7) of the statutes is amended to read:

SB309,24,19 167.10 (7) Parental liability. A parent, foster parent, family-operated group home parent, or legal guardian, or other out-of-home care provider, as defined in s. 48.02 (12r), 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.

SB309,56 Section 56. 809.107 (2) (bm) (intro.) of the statutes is amended to read:

SB309,25,8 809.107 (2) (bm) Notice of intent to pursue postdisposition or appellate relief. (intro.) A person shall initiate an appeal under this section by filing, within 30 days after the date of entry of the judgment or order appealed from, as specified in s. 808.04 (7m), a notice of intent to pursue postdisposition or appellate relief with the clerk of the circuit court in which the judgment or order appealed from was entered. Also within that time period, the appellant shall serve a copy of the notice of intent on the person representing the interests of the public, opposing counsel, the guardian ad litem appointed under s. 48.235 (1) (c) for the child who is the subject of the proceeding, the child's parent and any guardian and any custodian appointed under s. 48.427 (3) or 48.428 (2). If the record discloses that final adjudication occurred after the notice of intent was filed, the notice shall be treated as filed after entry of the judgment or order appealed from on the day of the entry of the final judgment or order. The notice of intent shall include all of the following:

SB309,57 Section 57. 895.485 (title) of the statutes is amended to read:

SB309,25,12 895.485 (title) Civil liability exemption; out-of-home care providers and child-placing agencies, foster parents and family-operated group home parents.

SB309,58 Section 58. 895.485 (1) (title) of the statutes is created to read:

SB309,25,14 895.485 (1) (title) Definitions.

SB309,59 Section 59. 895.485 (1) (a) of the statutes is repealed.

SB309,60 Section 60. 895.485 (1) (ag) of the statutes is created to read:

SB309,25,18 895.485 (1) (ag) "Age or developmentally appropriate activities" has the meaning given in s. 48.02 (1dm).

SB309,61 Section 61. 895.485 (1) (c) of the statutes is created to read:

SB309,25,21 895.485 (1) (c) "Out-of-home care provider" has the meaning given in s. 48.02 (12r).

SB309,62 Section 62. 895.485 (1) (d) of the statutes is created to read:

SB309,25,24 895.485 (1) (d) "Reasonable and prudent parent standard" has the meaning given in s. 48.02 (14r).

SB309,63 Section 63. 895.485 (2) of the statutes is amended to read:

SB309,26,3 895.485 (2) Foster parents; liability exemption. Except as provided in ss. 167.10 (7) and 343.15 (2), any foster or family-operated group home parent licensed under s. 48.62 or 48.625 is immune from civil liability for any of the following:

SB309,26,6 (a) An act or omission of the foster or family-operated group home parent while that parent is acting in his or her capacity as a foster or family-operated group home parent.

SB309,26,9 (b) An act or omission of a child who is placed in a foster home or family-operated group home while the child is in the foster or family-operated group home parent's care.

SB309,64 Section 64. 895.485 (3) of the statutes is amended to read:

SB309,26,21 895.485 (3) Foster parents; exceptions to liability exemption. The immunity specified in sub. (2) does not apply if the act or omission of a foster 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 or family-operated group home parent and the compliance of the foster 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 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.

SB309,65 Section 65. 895.485 (4) (intro.) of the statutes is amended to read:

SB309,27,2 895.485 (4) Child-placing agencies; liability exemption; exceptions. (intro.) Any agency that acts in good faith in placing a child with a foster or family-operated group home parent is immune from civil liability for any act or omission of the agency, the foster or family-operated group home parent, or the child unless all of the following occur:

SB309,66 Section 66. 895.485 (4) (a) of the statutes is amended to read:

SB309,27,10 895.485 (4) (a) The agency has failed to provide the foster or family-operated group home parent with any information relating to a medical, physical, mental, or emotional condition of the child that it the agency is required to disclose under this paragraph. The department of children and families shall promulgate rules specifying the kind of information that an agency shall disclose to a foster or family-operated group home parent that relates to a medical, physical, mental, or emotional condition of the child.

SB309,67 Section 67. 895.485 (5) and (6) of the statutes are created to read:

SB309,28,3 895.485 (5) Out-of-home care providers; liability exemption. Except as provided in ss. 167.10 (7) and 343.15 (2), an out-of-home care provider who grants permission for a child in the care of the out-of-home care provider to participate in an age or developmentally appropriate activity is immune from civil liability for any act or omission of the out-of-home care provider in granting that permission if in granting that permission the out-of-home care provider applied the reasonable and prudent parent standard in accordance with the requirements of ss. 48.383 (1) and 938.383 (1) and the rules promulgated under ss. 48.383 (3) and 938.383 (3). The immunity provided under this subsection applies only to the decision granting that permission itself and does not extend to any other act or omission of the out-of-home care provider, including any act or omission relating to the out-of-home care provider's duty to comply with any provision of licensure under s. 48.70, rule promulgated under s. 48.67, or any other statute, rule, or regulation that is applicable to the out-of-home care provider's duty to protect the health, safety, and welfare of the child. The immunity provided under this subsection does not affect any immunity from, limitation on, or defense to liability that is available under any other statute or the common law.

SB309,28,10 (6) Out-of-home care providers; liability exemption; presumptions. An out-of-home care provider who grants permission for a child in the care of the out-of-home care provider to participate in an age or developmentally appropriate activity is presumed to have applied the reasonable and prudent parent standard in granting that permission. Any person who asserts that an out-of-home care provider did not apply the reasonable and prudent parent standard in granting that permission has the burden of proving that assertion.

SB309,68 Section 68. 938.02 (1g) of the statutes is created to read:

SB309,28,18 938.02 (1g) "Age or developmentally appropriate activities" means activities that are generally accepted as suitable for juveniles of a given chronological age or level of maturity or that are determined to be developmentally appropriate for a juvenile based on the cognitive, emotional, physical, and behavioral capacities that are typical for juveniles of a given age or age group or, in the case of a specific juvenile, activities that are suitable for the juvenile based on the cognitive, emotional, physical, and behavioral capacities of that juvenile.

SB309,69 Section 69. 938.02 (12r) of the statutes is created to read:

SB309,29,5 938.02 (12r) "Out-of-home care provider" means a foster parent, guardian, relative other than a parent, or nonrelative in whose home a juvenile is placed, or the operator of a group home, residential care center for children and youth, or shelter care facility in which a juvenile is placed, under the placement and care responsibility of the department of children and families, the department of corrections, or a county department. "Out-of-home care provider" also includes, in the case of a juvenile placed in a group home, residential care center for children and youth, or shelter care facility, a staff member employed on the site of that home, center, or facility who has been designated by the operator of that home, center, or facility as an out-of-home care provider for purposes of making decisions concerning the juvenile's participation in age or developmentally appropriate activities.

SB309,70 Section 70. 938.02 (14r) of the statutes is created to read:

SB309,29,13 938.02 (14r) "Reasonable and prudent parent standard" means a standard for an out-of-home care provider to use in making decisions concerning a juvenile's participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the juvenile while at the same time encouraging the emotional and developmental growth of the juvenile.

SB309,71 Section 71. 938.366 (2) (b) 4. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB309,30,5 938.366 (2) (b) 4. If the court determines that the person who is the subject of an order described in sub. (1) (a) understands that he or she may continue in out-of-home care, but wishes to be discharged from that care on termination of the order, the court shall advise the person that he or she may enter into a voluntary agreement under sub. (3) at any time before he or she is granted a high school or high school equivalency diploma or reaches 21 years of age, whichever occurs first, so long as he or she is a full-time student at a secondary school or its vocational or technical equivalent and an individualized education program under s. 115.787 is in effect for him or her. If the court determines that the person wishes to continue in out-of-home care under an extension of the order described in sub. (1) (a), the court shall schedule an extension hearing under s. 938.365. If the court determines that the person wishes to continue in out-of-home care under a voluntary agreement under sub. (3), the court shall order the agency primarily responsible for providing services to the person under the order to provide transition-to-independent-living services for the person under a that voluntary agreement under sub. (3).

SB309,72 Section 72. 938.38 (2m) of the statutes is created to read:

SB309,30,19 938.38 (2m) Consultation with juvenile 14 or over. The agency responsible for preparing the permanency plan for a juvenile 14 years of age or over shall prepare the plan and any revisions of the plan in consultation with the juvenile and, at the option of the juvenile, with not more than 2 persons selected by the juvenile who are members of any child and family team convened for the juvenile, except that the juvenile may not select his or her caregiver or caseworker to consult in the preparation or revision of the permanency plan and the agency may reject a person selected by the juvenile if the agency has good cause to believe that the person would not act in the best interests of the juvenile. The agency may designate one of the persons selected by the juvenile to be the juvenile's adviser and, as necessary, the juvenile's advocate, with respect to application of the reasonable and prudent parent standard to decisions concerning the juvenile's participation in age or developmentally appropriate activities.

SB309,73 Section 73. 938.38 (4) (f) 3. of the statutes is amended to read:

SB309,31,2 938.38 (4) (f) 3. Improve the conditions of the parents' home to facilitate the safe return of the juvenile to his or her home, or, if appropriate, obtain for the juvenile a placement for adoption, with a guardian, or with a fit and willing relative, or, in the case of a juvenile 16 years of age or over, obtain for the juvenile, if appropriate, a placement in some other planned permanent living arrangement that includes an appropriate, enduring relationship with an adult.

SB309,74 Section 74. 938.38 (4) (fg) 5. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB309,31,9 938.38 (4) (fg) 5. As provided in par. (fm),placement in In the case of a juvenile 16 years of age or over, placement of the juvenile in some other planned permanent living arrangement that includes an appropriate, enduring relationship with an adult, including sustaining care, or the goal of transitioning the juvenile to independence.

SB309,75 Section 75. 938.38 (4) (fm) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB309,32,2 938.38 (4) (fm) If the agency determines that there is a compelling reason why it currently would not be in the best interests of the a juvenile 16 years of age or over to return the juvenile to his or her home or to place the juvenile for adoption, with a guardian, or with a fit and willing relative as the permanency goal for the juvenile, the permanency goal of placing the juvenile in some other planned permanent living arrangement or of transitioning the juvenile to independence as described in par. (fg) 5 . If the agency makes that determination, the plan shall include the efforts made to achieve that permanency goal, including, if appropriate, through an out-of-state placement, a statement of that compelling reason, and, notwithstanding that compelling reason, a concurrent plan under s. 938.355 (2b) towards achieving a goal under par. (fg) 1. to 4. as a concurrent permanency goal in addition to the permanency goal under par. (fg) 5. The plan shall also include a plan to ensure that the juvenile has regular, ongoing opportunities to engage in age or developmentally appropriate activities determined in accordance with the reasonable and prudent parent standard.

SB309,76 Section 76. 938.38 (4) (h) (intro.) of the statutes is amended to read:

SB309,32,8 938.38 (4) (h) (intro.) If the juvenile is 15 14 years of age or older, an independent living a plan describing the programs and services that are or will be provided to assist the juvenile in preparing for the transition from out-of-home care to independent living a successful adulthood. The plan shall include all of the following:

SB309,77 Section 77. 938.38 (4) (h) 2. of the statutes is amended to read:

SB309,32,12 938.38 (4) (h) 2. The anticipated amount of time available in which to prepare the juvenile for the transition from out-of-home care to independent living a successful adulthood.

SB309,78 Section 78. 938.38 (4) (h) 4. of the statutes is amended to read:

SB309,32,17 938.38 (4) (h) 4. A description of the assessment processes, tools, and methods that have been or will be used to determine the programs and services that are or will be provided to assist the juvenile in preparing for the transition from out-of-home care to independent living a successful adulthood.

SB309,79 Section 79. 938.38 (4) (h) 5. of the statutes is amended to read:

SB309,32,22 938.38 (4) (h) 5. The rationale for each program or service that is or will be provided to assist the juvenile in preparing for the transition from out-of-home care to independent living a successful adulthood, the time frames for delivering those programs or services, and the intended outcome of those programs or services.

SB309,80 Section 80. 938.38 (4) (h) 6. of the statutes is created to read: