48.57(3p)(fm)1.1. The county department may provisionally approve the making of payments under sub. (3m) based on the applicant's statement under sub. (3m) (am) 4m. The county department may not finally approve the making of payments under sub. (3m) unless that county department receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. The department of industry, labor and job development may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.
48.57(3p)(fm)2. 2. A person receiving payments under sub. (3m) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department that the employe or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payments under sub. (3m) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the county department so advises the department and the person receiving payments under sub. (3m). A person receiving payments under sub. (3m) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department that the federal bureau of investigation indicates that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.
48.57(3p)(g) (g) The department may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:
Effective date note NOTE: Par. (g) (intro.) is amended eff. 7-1-97 by 1995 Wis. Act 289, s. 71f, to read as shown below. The bracketed language was deleted from the creation of this provision by the governor's partial veto of 1995 Wis. Act 289, s. 71d. Section 71f shows the bracketed language as if it had been enacted by s. 71d.
Effective date text (g) [Subject to par. (h),] the county department may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:
48.57(3p)(g)1. 1. The person has been convicted of a violation of ch. 161 [ch. 961] that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of ch. 161 [ch. 961] that is punishable as a felony if committed in this state.
48.57 Note NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
48.57(3p)(g)2. 2. The person has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the applicant or other person would be subject to a penalty specified in any of those sections if convicted in this state.
48.57(3p)(g)3. 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if committed in this state, except that the department may make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may employ in a position in which the person would have regular contact with the child for whom those payments are being made or permit to be an adult resident a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.
48.57(3p)(i) (i) The county department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under s. 19.35.
48.57(3p)(j) (j) The county department may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.
48.57(3t) (3t) Notwithstanding subs. (3m) and (3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe to allow that governing body to administer the program under subs. (3m) and (3p) within the boundaries of that reservation.
48.57 Annotation This section does not authorize the department to place children in a detention home temporarily while permanent placement is sought. State ex rel. Harris v. Larson, 64 W (2d) 521, 219 NW (2d) 335.
48.57 Annotation County agencies providing child welfare services do not have authority under (1) or 48.52 to lease real property for foster home use. 65 Atty. Gen. 93.
48.58 48.58 County children's home in populous counties.
48.58(1)(1) Any existing county children's home in counties with a population of 500,000 or more may do any of the following:
48.58(1)(b) (b) Provide care for children in need of protection or services, and delinquent juveniles referred by the county department, if the delinquent juveniles are placed in separate facilities;
48.58(1)(c) (c) Provide temporary shelter care for children in need of protection or services and delinquent juveniles; provided that the delinquent juveniles are placed in separate facilities.
48.58(1)(d) (d) Provide temporary shelter care for children taken into custody under s. 48.19 or 938.19.
48.59 48.59 Examination and records.
48.59(1) (1) The county department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under s. 48.345 and make any physical or mental examinations of the child considered necessary to determine the type of care necessary for the child. The county department shall screen a child who is examined under this subsection to determine whether the child is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child, the results of all tests and examinations given the child and a complete history of all placements of the child while in the legal custody or under the supervision of the county department.
48.59(2) (2) At the department's request, the county department shall report to the department regarding children in the legal custody or under the supervision of the county department.
48.59 History History: 1977 c. 449; 1985 a. 176; 1993 a. 385, 446, 491; 1995 a. 77.
48.59 Annotation See note to 19.21, citing 70 Atty. Gen. 196.
subch. XIII of ch. 48 SUBCHAPTER XIII
CHILD WELFARE AGENCIES
48.599 48.599 Definitions. In this subchapter:
48.599(1) (1) "Physical restraint" includes all of the following:
48.599(1)(a) (a) A locked room.
48.599(1)(b) (b) A device or garment that interferes with a child's freedom of movement and that the child is unable to remove easily.
48.599(1)(c) (c) Restraint by a child welfare agency staff member of a child by use of physical force.
48.599(2) (2) "Psychotropic medication" means an antipsychotic, antidepressant, lithium carbonate or a tranquilizer.
48.599 History History: 1989 a. 336.
48.60 48.60 Child welfare agencies licensed.
48.60(1) (1) No person may receive children, with or without transfer of legal custody, to provide care and maintenance for 75 days in any consecutive 12 months' period for 4 or more such children at any one time unless that person obtains a license to operate a child welfare agency from the department. To obtain a license under this subsection to operate a child welfare agency, a person must meet the minimum requirements for a license established by the department under s. 48.67 and pay the applicable license fee under s. 48.615 (1) (a) or (b). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended.
48.60(2) (2) This section does not include:
48.60(2)(a) (a) A relative or guardian who provides care and maintenance for such children;
48.60(2)(b) (b) A bona fide educational institution whose pupils, in the ordinary course of events, return annually to the homes of their parents or guardians for not less than 2 months of summer vacation;
48.60(2)(c) (c) A public agency;
48.60(2)(d) (d) A hospital, maternity hospital, maternity home, nursing home or tuberculosis sanatorium licensed, approved or supervised by the department;
48.60(2)(e) (e) A licensed foster home or a licensed treatment foster home.
48.60(2)(f) (f) Institutions for mentally deficient children, which institutions have a full-time child population of not less than 150 children and which are subject to examination as provided in s. 46.03 (5).
48.60(2)(g) (g) A licensed group home.
48.60(2)(h) (h) A youth village program as described in s. 118.42.
48.60(3) (3) Before issuing any license to a child welfare agency under this section, the department of health and family services shall review the need for the additional placement resources that would be made available by the licensing or relicensing of any child welfare agency after August 5, 1973, providing care authorized under s. 48.61 (3). Neither the department of health and family services nor the department of corrections may make any placements to any child welfare agency where the departmental review required under this subsection has failed to indicate the need for the additional placement resources.
48.60(4) (4)
48.60(4)(a)(a) In this subsection, "child with exceptional educational needs" has the meaning given in s. 115.76 (3).
48.60(4)(b) (b) Notwithstanding ss. 115.85 (2), 121.78 (3) (a) and 121.79 (1) (a), a child welfare agency shall pay for the costs incurred by a school district in providing education and related services to a child with exceptional educational needs who is a resident of the child welfare agency, if the child was placed in the child welfare agency pursuant to the interstate compact on the placement of children under s. 48.988.
48.60(5) (5)
48.60(5)(a)(a) No later than 24 hours after the death of a child who resided in a building operated by a child welfare agency, the child welfare agency shall report the death to the department if one of the following applies:
48.60(5)(a)1. 1. There is reasonable cause to believe that the death was related to the use of physical restraint or a psychotropic medication for the child.
48.60(5)(a)3. 3. There is reasonable cause to believe that the death was a suicide.
48.60(5)(c) (c) No later than 14 days after the date of the death reported under par. (a), the department shall investigate the death.
48.61 48.61 Powers and duties of child welfare agencies. A child welfare agency shall have authority:
48.61(1) (1) To accept legal or physical custody of children transferred to it by the court under s. 48.355;
48.61(2) (2) To contract with any parent or guardian or other person for the supervision or care and maintenance of any child;
48.61(3) (3) To provide appropriate care and training for children in its legal or physical custody and, if licensed to do so, to place children in licensed foster homes, licensed treatment foster homes and licensed group homes;
48.61(4) (4) To provide for the moral and religious training of children in its legal custody according to the religious belief of the child or the child's parents;
48.61(5) (5) If licensed to do so, to accept guardianship of children when appointed by the court, and to place children under its guardianship for adoption;
48.61(6) (6) To provide services to the court under s. 48.07;
48.61(7) (7) To license foster homes or treatment foster homes in accordance with s. 48.75 if licensed to do so.
48.615 48.615 Child welfare agency licensing fees.
48.615(1) (1)
48.615(1)(a)(a) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that regularly provides care and maintenance for children within the confines of its building, the child welfare agency must pay to the department a biennial fee of $100, plus a biennial fee of $15 per child, based on the number of children that the child welfare agency is licensed to serve. 
48.615(1)(b) (b) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that places children in licensed foster homes, licensed treatment foster homes and licensed group homes, the child welfare agency must pay to the department a biennial fee of $210.
48.615(1)(c) (c) A child welfare agency that wishes to renew a license issued under s. 48.60 (1) shall pay the applicable fee under par. (a) or (b) by the renewal date of the license.
48.615(1)(d) (d) A new child welfare agency shall pay the applicable fee under par. (a) or (b) no later than 30 days before the opening of the child welfare agency.
48.615(2) (2) A child welfare agency that wishes to renew a license issued under s. 48.60 (1) and that fails to pay the applicable fee under sub. (1) (a) or (b) by the renewal date of the license or a new child welfare agency that fails to pay the applicable fee under sub. (1) (a) or (b) by 30 days before the opening of the child welfare agency shall pay an additional fee of $5 per day for every day after the deadline that the agency fails to pay the fee.
48.615 History History: 1991 a. 39; 1993 a. 446; 1995 a. 27.
subch. XIV of ch. 48 SUBCHAPTER XIV
FOSTER HOMES AND TREATMENT FOSTER HOMES
48.62 48.62 Licensing of foster homes and treatment foster homes; rates.
48.62(1)(1)
48.62(1)(a)(a) Any person who receives, with or without transfer of legal custody, 4 or fewer children or more than 4 children if all of the children are siblings to provide care and maintenance for those children shall obtain a license to operate a foster home from the department, a county department or a licensed child welfare agency as provided in s. 48.75.
48.62(1)(b) (b) Any person who receives, with or without transfer of legal custody, 4 or fewer children into a home to provide care and maintenance and structured, professional treatment for those children shall obtain a license to operate a treatment foster home from the department, a county department or a licensed child welfare agency as provided in s. 48.75.
48.62(2) (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.
48.62(3) (3) When the department, a county department or a child welfare agency issues a license to operate a foster home, the department, county department or child welfare agency shall notify the clerk of the school district in which the foster home is located that a foster home has been licensed in the school district.
48.62(4) (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 and initial clothing allowances according to rules promulgated by the department.
48.62 Annotation Foster child in family owned foster home under one year dispositional order is resident of household for insurance purposes. A. G. v. Travelers Ins. Co. 112 W (2d) 18, 331 NW (2d) 643 (Ct. App. 1983).
48.62 Annotation Foster homes owned, operated or contracted for by the department or a county department are immune from local zoning ordinances. Foster homes owned, operated or contracted for by licensed child welfare agencies are not immune. All family operated foster homes are subject to local zoning. Municipal foster home licensing ordinances are unenforceable. 63 Atty. Gen. 34.
48.62 Annotation State-licensed foster homes are immune from local zoning ordinances restricting number of unrelated occupants of single family dwellings. 66 Atty. Gen. 342.
48.625 48.625 Licensing of group homes; fees.
48.625(1) (1) Any person who receives, with or without transfer of legal custody, 5 to 8 children, to provide care and maintenance for those children shall obtain a license to operate a group home from the department. To obtain a license under this subsection to operate a group home, a person must meet the minimum requirements for a license established by the department under s. 48.67 and pay the license fee under sub. (2). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended.
Loading...
Loading...
This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?