48.627(2)(a)(a) Before the department, a county department or a licensed child welfare agency may issue or renew a foster home, treatment foster home or family-operated group home license, the licensing agency shall require the applicant to furnish proof satisfactory to the licensing agency that he or she has homeowner's or renter's liability insurance that provides coverage for negligent acts or omissions by children placed in a foster home, treatment foster home or family-operated group home that result in bodily injury or property damage to 3rd parties.
48.627(2)(b)
(b) A licensing agency may, in accordance with rules promulgated by the department, waive the requirement under
par. (a) if the applicant shows that he or she is unable to obtain the required insurance, that he or she has had a homeowner's or renter's liability insurance policy canceled or that payment of the premium for the required insurance would cause undue financial hardship.
48.627(2)(c)
(c) The department shall conduct a study to determine the cost-effectiveness of purchasing insurance to provide standard homeowner's or renter's liability insurance coverage for applicants who are granted a waiver under
par. (b). If the department determines that it would be cost-effective to purchase such insurance, it may purchase the insurance from the appropriations under
s. 20.435 (3) (cf) and
(pd).
48.627(2)(d)
(d) The licensing agency shall specify the amounts of liability insurance coverage required under
par. (a).
48.627(2c)
(2c) The department shall determine the cost-effectiveness of purchasing private insurance that would provide coverage to foster, treatment foster and family-operated group home parents for acts or omissions by or affecting a child who is placed in a foster home, a treatment 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. 20.435 (3) (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, a treatment foster home or a family-operated group home shall be in accordance with
subs. (2m) to
(3).
48.627(2m)
(2m) Within the limits of the appropriations under
s. 20.435 (3) (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, treatment foster or family-operated group home parent or a member of the foster, treatment foster or family-operated group home parent's family as a result of the act of a child in the foster, treatment foster or family-operated group home parent's care.
48.627(2s)
(2s) Within the limits of the appropriations under
s. 20.435 (3) (cf) and
(pd), the department may pay claims to the extent not covered by any other insurance and subject to the limitations specified in
sub. (3), for all of the following:
48.627(2s)(a)
(a) Acts or omissions of the foster, treatment foster or family-operated group home parent that result in bodily injury to the child who is placed in the foster home, treatment 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, treatment foster or family-operated group home parent.
48.627(2s)(b)
(b) Bodily injury or property damage caused by an act or omission of a child who is placed in the foster, treatment foster or family-operated group home parent's care for which the foster, treatment foster or family-operated group home parent becomes legally liable.
48.627(3)(b)(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 within 90 days after a foster, treatment 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.
48.627(3)(c)
(c) The department shall review and approve in whole or in part or disapprove all claims received under this subsection during each 3-month period beginning with the period from July 1, 1985, to September 30, 1985.
48.627(3)(d)
(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, treatment foster or family-operated group home parent or a member of a foster, treatment foster or family-operated group home parent's family may be approved in an amount exceeding $250,000.
48.627(3)(e)
(e) The department may not approve a claim unless the foster, treatment 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 determines is in excess of the amount covered by insurance.
48.627(3)(f)
(f) If the total amount of the claims approved during any calendar quarter exceeds 25% 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. 20.435 (3) (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 treatment foster parent from submitting a claim under
s. 16.007 for the unpaid portion.
48.627(3)(g)
(g) A claimant whose claim is denied or whose payment is prorated is not entitled to a hearing under
ch. 227 on the issue of the denial or proration.
48.627(3)(h)
(h) If a claim by a foster, treatment foster or family-operated group home parent or a member of the foster, treatment foster or family-operated group home parent's family is approved, the department shall deduct from the amount approved $200 less any amount deducted by an insurance company from a payment for the same claim, except that a foster, treatment 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.
48.627(3)(i)
(i) The department may enter into a contract for the administration of this subsection.
48.627(4)
(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, treatment 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. 20.435 (3) (cf) and
(pd).
48.627(5)
(5) The attorney general may represent a foster, treatment foster or family-operated group home parent in any civil action arising out of an act or omission of the foster, treatment foster or family-operated group home parent while acting in his or her capacity as a foster, treatment foster or family-operated group home parent.
48.627 Annotation
Foster parents are not agents of the county for purposes of tort liability. Kara B v. Dane County, 198 W (2d) 24, 542 NW (2d) 777 (Ct. App. 1995).
48.63
48.63
Restrictions on placements. 48.63(1)
(1) Acting pursuant to court order or voluntary agreement, the child's parent or guardian or the department of health and family services, the department of corrections, a county department or a child welfare agency licensed to place children in foster homes or treatment foster homes may place a child or negotiate or act as intermediary for the placement of a child in a foster home, treatment foster home or group home. Voluntary agreements under this subsection may not be used for placements in facilities other than foster, treatment foster or group homes and may not be extended. A foster home or treatment foster home placement under a voluntary agreement may not exceed 6 months. A group home placement under a voluntary agreement may not exceed 15 days. These time limitations do not apply to placements made under
s. 48.345,
938.183,
938.34 or
938.345. Voluntary agreements may be made only under this subsection and shall be in writing and shall specifically state that the agreement may be terminated at any time by the parent or by the child if the child's consent to the agreement is required. The child's consent to the agreement is required whenever the child is 12 years of age or older.
48.63(2)
(2) No person may place a child or offer or hold himself or herself out as able to place a child, except as provided in this section. Enrollment of a child by a parent or guardian in an educational institution shall not constitute a placement for the purposes of this section.
48.63(3)
(3) Subsection (1) does not apply to the placement of a child for adoption. Adoptive placements may be made only as provided under
ss. 48.833,
48.835,
48.837 and
48.839.
48.63(4)
(4) A permanency plan under
s. 48.38 is required for each child placed in a foster home or treatment foster home under
sub. (1). If the child is living in a foster home or treatment foster home under a voluntary agreement, the agency that negotiated or acted as intermediary for the placement shall prepare the permanency plan within 60 days after the placement. A copy of each plan shall be provided to the child if he or she is 12 years of age or over and to the child's parent or guardian. If the agency which arranged the voluntary placement intends to seek a court order to place the child outside of his or her home at the expiration of the voluntary placement, the agency shall prepare a revised permanency plan and file that revised plan with the court prior to the date of the hearing on the proposed placement.
48.64
48.64
Placement of children in foster homes, treatment foster homes and group homes. 48.64(1)
(1)
Definition. In this section, "agency" means the department of health and family services, the department of corrections, a county department or a licensed child welfare agency authorized to place children in foster homes or treatment foster homes.
48.64(1m)
(1m) Foster home, treatment foster home and group home agreements. If an agency places a child in a foster home or treatment foster home under a court order or voluntary agreement under
s. 48.63, the agency shall enter into a written agreement with the head of the home. The agreement shall provide that the agency shall have access at all times to the child and the home, and that the child will be released to the agency whenever, in the opinion of the agency placing the child or the department, the best interests of the child require it. If a child has been in a foster home, treatment foster home or group home for 6 months or more, the agency shall give the head of the home written notice of intent to remove the child, stating the reasons for the removal. The child shall not be removed before completion of the hearing under
sub. (4) (a) or
(c), if requested, or 30 days after the receipt of the notice, whichever is later, unless the safety of the child requires it. If the safety of the child requires earlier removal,
s. 48.19 shall apply. If an agency removes a child from an adoptive placement, the head of the home shall have no claim against the placing agency for the expense of care, clothing or medical treatment.
48.64(1r)
(1r) Notification of school district. When an agency places a school-age child in a foster home or a group home, the agency shall notify the clerk of the school district in which the foster home or group home is located that a school-age child has been placed in a foster home or group home in the school district.
48.64(2)
(2) Supervision of foster home, treatment foster home and group home placements. Every child in a foster home, treatment foster home or group home shall be under the supervision of an agency.
48.64(4)
(4) Orders affecting the head of a home or the children. 48.64(4)(a)(a) Any decision or order issued by an agency that affects the head of a foster, treatment foster or group home or the children involved may be appealed to the department under fair hearing procedures established under department rules. The department shall, upon receipt of an appeal, give the head of the home reasonable notice and opportunity for a fair hearing. The department may make such additional investigation as the department considers necessary. The department shall give notice of the hearing to the head of the home and to the departmental subunit, county department or child welfare agency that issued the decision or order. Each person receiving notice is entitled to be represented at the hearing. At all hearings conducted under this subsection, the head of the home, or a representative of the head of the home, shall have an adequate opportunity, notwithstanding
s. 48.78 (2) (a), to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing, to bring witnesses, to establish all pertinent facts and circumstances, and to question or refute any testimony or evidence, including opportunity to confront and cross-examine adverse witnesses. The department shall grant a continuance for a reasonable period of time when an issue is raised for the first time during a hearing. This requirement may be waived with the consent of the parties. The decision of the department shall be based exclusively on evidence introduced at the hearing. A transcript of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, and the findings of the hearing examiner shall constitute the exclusive record for decision by the department. The department shall make the record available at any reasonable time and at an accessible place to the head of the home or his or her representative. Decisions by the department shall specify the reasons for the decision and identify the supporting evidence. No person participating in an agency action being appealed may participate in the final administrative decision on that action. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the head of the home and to the departmental subunit, county department or child welfare agency that issued the decision or order. The decision shall be binding on all parties concerned.
48.64(4)(b)
(b) Judicial review of the department's decision may be had as provided in
ch. 227.
48.64(4)(c)
(c) The circuit court for the county where the child is placed has jurisdiction upon petition of any interested party over a child who is placed in a foster home, treatment foster home or group home. The circuit court may call a hearing, at which the head of the home and the supervising agency under
sub. (2) shall be present, for the purpose of reviewing any decision or order of that agency involving the placement and care of the child. If the child has been placed in a foster home, the foster parent may present relevant evidence at the hearing. The court shall determine the case so as to promote the best interests of the child.
48.64 Annotation
Foster parents' rights were violated by department's failure to give mandatory written notice under (1), 1983 stats. [now (1m)] but, since adoptive placement was found to be in children's best interest, foster parents' rights were subordinated to paramount interest of children. In matter of Z, 81 W (2d) 194, 260 NW (2d) 246.
48.64 Annotation
Foster parent is entitled to hearing under (4) (a) regarding interest as foster parent even where placement of child cannot be affected by hearing outcome. Bingenheimer v. DHSS, 129 W (2d) 100, 383 NW (2d) 898.
48.64 Annotation
Sub. (4) (a) requires hearing where adoption agency removes child from adoptive placement within 6 months. Thelen v. DHSS, 143 W (2d) 574, 422 NW (2d) 146 (Ct. App. 1988).
48.64 Annotation
While prospective adoptive parents have limited protected liberty interest in family unit during first six months of placement, interest does not require pre-removal hearing. Thelen v. Catholic Social Services, 691 F Supp. 1179 (E.D. Wis. 1988).
48.64 Annotation
Family liberty interest of foster parents. 1978 WLR 510.
DAY CARE PROVIDERS
48.65
48.65
Day care centers licensed; fees. 48.65(1)
(1) No person may for compensation provide care and supervision for 4 or more children under the age of 7 for less than 24 hours a day unless that person obtains a license to operate a day care center from the department. To obtain a license under this subsection to operate a day care center, 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. (3). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended.
48.65(1m)(a)(a) In this subsection, "adult resident" means a person 18 years of age or over who lives at a day care center licensed under this section or contracted for under
s. 120.13 (14) with the intent of making that day care center his or her home or who lives for more than 30 days cumulative in any 6-month period at a day care center licensed under this section or contracted for under
s. 120.13 (14).
48.65(1m)(b)1.1. After receipt of an application for a license to operate a day care center or a referral from a school board under
s. 120.13 (14), the department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of the applicant or person referred.
48.65(1m)(b)2.
2. The department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of any person who, on July 1, 1996, is a day care provider licensed under this section or contracted for under
s. 120.13 (14) or who, on July 1, 1996, has an application for licensure or a contract offer pending, within 6 months after July 1, 1996, or on the person's application for license or contract renewal, whichever is earlier.
48.65(1m)(b)3.
3. Subject to
subd. 2., the department of health and family services may, at the time of renewal of the license or contract of a day care provider licensed under this section or contracted for under
s. 120.13 (14), or at any other time that the department considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of that day care provider.
48.65(1m)(c)1.1. After application for a license a day care center, with the assistance of the department of justice, shall conduct a background investigation of each employe and prospective employe of the applicant who has or would have regular contact with a child receiving care from the applicant and of each adult resident.
48.65(1m)(c)2.
2. The department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of each adult resident of a person who, on July 1, 1996, is licensed under this section or contracted for under
s. 120.13 (14) or who, on July 1, 1996, has an application for licensure or a contract offer pending, within 6 months after that date or on the person's application for license or contract renewal, whichever is earlier.
48.65(1m)(c)3.
3. Subject to
subd. 2., the department of health and family services may, at the time of renewal of the license or contract of a day care provider licensed under this section or contracted for under
s. 120.13 (14) or at any other time that the department considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of any employe or prospective employe of the day care provider who has or would have regular contact with any child receiving day care from the day care provider or of any adult resident of the day care provider.
48.65(1m)(c)4.
4. Except as provided in
par. (f) 2., a day care provider that is licensed under this section or contracted for under
s. 120.13 (14), with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated under
subd. 1.,
2. or
3.
48.65(1m)(d)
(d) If the person being investigated under
par. (b) or
(c) is a nonresident, or if at any time within the 5 years preceding the date of the investigation that person has been a nonresident, or if the department of health and family services determines that the person's employment, certification or state court records provide a reasonable basis for further investigation, the department shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.
48.65(1m)(e)
(e) Upon request, a person being investigated under
par. (b) or
(c) shall provide the department of health and family services with all of the following information:
48.65(1m)(e)3.
3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.
48.65(1m)(e)4.
4. Information regarding the conviction record of the person under the law of this state or any other state or under federal law. This information shall be provided on a notarized background verification form that the department shall provide by rule promulgated under
s. 48.67.
48.65(1m)(f)1.1. The department of health and family services may not license a person as a day care provider under this section and a school board may not contract with a person under
s. 120.13 (14) until the department or school board 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. The department of health and family services may license a person as a day care provider under this section and a school board may contract with a person under
s. 120.13 (14) 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. The department of health and family services may issue a probationary license and a school board may enter into a provisional contract pending receipt of the information required under this subdivision.
48.65(1m)(f)2.
2. A day care provider that is licensed under this section or contracted for under
s. 120.13 (14) may not employ a person in a position in which that person would have regular contact with a child receiving care from the day care provider or permit a person to be an adult resident until 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. A day care provider that is licensed under this section or contracted for under
s. 120.13 (14) may employ a person or permit a person to be an adult resident 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. A day care provider that is licensed under this section or contracted for under
s. 120.13 (14) may provisionally employ a person in a position in which that person would have regular contact with a child receiving care from the day care provider or provisionally permit a person to be an adult resident if the day care provider states to the department of health and family services or school board that the employe or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the day care provider to care for the child. A day care provider may not finally employ a person in a position in which that person would have regular contact with the child for whom that provider is providing care unless the person's conviction record under the laws of this states is satisfactory according to the criteria specified in
par. (g) 1. to
3.
48.65(1m)(g)
(g) The department of health and family services may not license a person to be a day care provider under this section, a school board may not contract with a person under
s. 120.13 (14) and a day care provider licensed under this section or contracted with under
s. 120.13 (14) may not employ a person in a position in which that person would have regular contact with a child receiving care from the day care provider or permit a person to be an adult resident if any of the following applies:
48.65(1m)(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.
48.65 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
48.65(1m)(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 person would be subject to a penalty specified in any of those sections if convicted in this state.
48.65(1m)(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 of health and family services may license a person to be a day care provider under this section, a school board may contract with a person under
s. 120.13 (14) and a day care provider licensed under this section or contracted for under
s. 120.13 (14) may employ 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.
48.65(1m)(i)
(i) School boards and the department of health and family services 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.
48.65(1m)(j)
(j) The department of health and family services may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.
48.65(2)
(2) This section does not include any of the following:
48.65(2)(a)
(a) A relative or guardian of a child who provides care and supervision for the child.
48.65(2)(c)
(c) A person employed to come to the home of the child's parent or guardian for less than 24 hours a day.
48.65(2)(d)
(d) A county, city, village, town, school district or library that provides programs primarily intended for recreational or social purposes.
48.65(3)(a)(a) Before the department may issue a license under
sub. (1) to a day care center that provides care and supervision for 4 to 8 children, the day care center must pay to the department a biennial fee of $50. Before the department may issue a license under
sub. (1) to a day care center that provides care and supervision for 9 or more children, the day care center must pay to the department a biennial fee of $25, plus a biennial fee of $7 per child, based on the number of children that the day care center is licensed to serve. A day care center that wishes to renew a license issued under
sub. (1) shall pay the applicable fee under this paragraph by the renewal date of the license. A new day care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the day care center.
48.65(3)(b)
(b) A day care center that wishes to renew a license issued under
par. (a) and that fails to pay the applicable fee under
par. (a) by the renewal date of the license or a new day care center that fails to pay the applicable fee under
par. (a) by 30 days before the opening of the day care center shall pay an additional fee of $5 per day for every day after the deadline that the group home fails to pay the fee.
48.65 Annotation
Distinction created by (2) (b) between private parochial schools and other private schools is unconstitutional. Milwaukee Montessori School v. Percy, 473 F Supp. 1358 (1979).
48.651
48.651
Certification of day care providers. 48.651(1)
(1) Each county department shall certify, according to the standards adopted by the department under
s. 46.03 (21), each day care provider reimbursed for child care services provided to families determined eligible under
ss. 49.132 (2r) and
(4) and
49.155 (1m), unless the provider is a day care center licensed under
s. 48.65 or is established or contracted for under
s. 120.13 (14). Each county may charge a fee to cover the costs of certification. The county shall certify the following categories of day care providers:
48.651(1)(a)
(a) Level I certified family day care providers, as established by the department under
s. 46.03 (21). No county may certify a provider under this paragraph if the provider is a relative of all of the children for whom he or she provides care. The department may establish by rule other requirements for certification under this paragraph.
48.651(1)(b)
(b) Level II certified family day care providers, as established by the department under
s. 46.03 (21). In establishing the requirements for certification under this paragraph, the department may not include a requirement for training for providers. The department may establish by rule requirements for certification under this paragraph.
