48.675(1)
(1)
Development of program. The department shall develop a foster care education program to provide specialized training for persons operating family foster homes or treatment foster homes. Participation in the program shall be voluntary and shall be limited to persons operating foster homes or treatment foster homes licensed under
s. 48.62 and caring for children with special treatment needs.
48.675(2)
(2) Approval of programs. The department shall promulgate rules for approval of programs to meet the requirements of this section. Such programs may include, but need not be limited to: in-service training; workshops and seminars developed by the department or by county departments; seminars and courses offered through public or private education agencies; and workshops, seminars and courses pertaining to behavioral and developmental disabilities and to the development of mutual support services for foster parents and treatment foster parents. The department may approve programs under this subsection only after consideration of relevant factors including level of education, useful or necessary skills, location and other criteria as determined by the department.
48.675(3)
(3) Support services. The department shall provide funds from the appropriations under
s. 20.435 [(3) (ho) and] (6) (a) to enable foster parents and treatment foster parents to attend education programs approved under
sub. (2) and shall promulgate rules concerning disbursement of the funds. Moneys disbursed under this subsection may be used for the following purposes:
48.675 Note
NOTE: The bracketed language indicates a cross-reference to a provision which was repealed by
1995 Wis. Act 27. Corrective legislation is pending.
48.675(3)(a)
(a) Care of residents of the foster home or treatment foster home during the time of participation in an education program.
48.675(3)(b)
(b) Transportation to and from an education program.
48.675(3)(d)
(d) Specialized workshops, seminars, and courses pertaining to behavioral and developmental disabilities.
48.68
48.68
Investigation of applicant; issuing of license. 48.68(1)(1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license adopted by the department under
s. 48.67. In determining whether to issue a license, the department may consider any action by the applicant, or by an employe of the applicant, that constitutes a substantial failure by the applicant or employe to protect and promote the health, safety and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under
s. 48.615 (1) (a) or
(b),
48.625 (2) (a),
48.65 (3) (a) or
938.22 (7) (b), the department shall issue a license under
s. 48.66 (1) or, if applicable, a probationary license under
s. 48.69. At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the age-related monthly foster care rates and supplemental payments specified in
s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments and the procedures for applying for supplemental payments.
48.68(2)
(2) Before renewing the license of any child welfare agency or group home, the department shall consider all formal complaints filed under
s. 48.745 (2) and the disposition of each during the current license period.
48.68(3)
(3) Within 10 working days after receipt of an application for initial licensure of a child welfare agency or group home, the department shall notify the city, town or village planning commission, or other appropriate city, town or village agency if there is no planning commission, of receipt of the application. The department shall request that the planning commission or agency send to the department, within 30 days, a description of any specific hazards which may affect the health and safety of the residents of the child welfare agency or group home. No license may be issued to a child welfare agency or group home until the 30-day period has expired or until the department receives the response of the planning commission or agency, whichever is sooner. In issuing a license the department shall give full consideration to such hazards determined by the planning commission or agency.
48.68(4)
(4) Prior to initial licensure of a residential facility operated by a child welfare agency or of a group home, the applicant for licensure shall make a good faith effort to establish a community advisory committee consisting of representatives from the child welfare agency or proposed group home, the neighborhood in which the proposed residential facility or group home will be located and a local unit of government. The community advisory committee shall provide a forum for communication for those persons interested in the proposed residential facility or group home. Any committee established under this subsection shall continue in existence after licensure to make recommendations to the licensee regarding the impact of the residential facility or group home on the neighborhood. The department shall determine compliance with this subsection both prior to and after initial licensure.
48.69
48.69
Probationary licenses. If any child welfare agency, shelter care facility, group home or day care center that has not been previously issued a license under
s. 48.66 (1) applies for a license, meets the minimum requirements for a license established under
s. 48.67 and pays the applicable fee referred to in
s. 48.68 (1), the department shall issue a probationary license to that child welfare agency, shelter care facility, group home or day care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under
s. 48.715. Before a probationary license expires, the department shall inspect the child welfare agency, shelter care facility, group home or day care center holding the probationary license and, if the child welfare agency, shelter care facility, group home or day care center meets the minimum requirements for a license established under
s. 48.67, the department shall issue a license under
s. 48.66 (1). A probationary license issued under this section may be renewed for one 6-month period.
48.70
48.70
Provisions of licenses. 48.70(1)
(1)
General. Each license shall state the name of the person licensed, the premises included under the license, the maximum number of children who can be received and their age and sex and such additional information and special conditions as the department may prescribe.
48.70(2)
(2) Special provisions for child welfare agency licenses. A license to a child welfare agency shall also specify the kind of child welfare work the agency is authorized to undertake, whether the agency may accept guardianship of children, whether the agency may place children in foster homes or treatment foster homes, and if so, the area the agency is equipped to serve.
48.70(4)
(4) Special provisions for county departments. Licenses to county departments shall specify whether the county department may accept guardianship of children and place children for adoption.
48.715
48.715
Sanctions and penalties. 48.715(1)
(1) In this section, "licensee" means a person who holds a license under
s. 48.66 (1) or a probationary license under
s. 48.69 to operate a child welfare agency, shelter care facility, group home or day care center.
48.715(2)
(2) If the department provides written notice of the grounds for a sanction, an explanation of the types of sanctions that may be imposed under this subsection and an explanation of the process for appealing a sanction imposed under this subsection, the department may order any of the following sanctions:
48.715(2)(a)
(a) That a person stop operating a child welfare agency, shelter care facility, group home or day care center if the child welfare agency, shelter care facility, group home or day care center is without a license in violation of
s. 48.66 (1) or a probationary license in violation of
s. 48.69.
48.715(2)(b)
(b) That a person who employs a person who has had a license under
s. 48.66 (1) or a probationary license under
s. 48.69 revoked within the previous 5 years terminate the employment of that person within 30 days after the date of the order. This paragraph includes employment of a person in any capacity, whether as an officer, director, agent or employe.
48.715(2)(c)
(c) That a licensee stop violating any provision of licensure under
s. 48.70 (1) or rules promulgated by the department under
s. 48.67.
48.715(2)(d)
(d) That a licensee submit a plan of correction for violation of any provision of licensure under
s. 48.70 (1) or rule promulgated by the department under
s. 48.67.
48.715(2)(e)
(e) That a licensee implement and comply with a plan of correction provided by the department or previously submitted by the licensee and approved by the department.
48.715(2)(f)
(f) That a licensee close the intake of any new children until all violations of the provisions of licensure under
s. 48.70 (1) and the rules promulgated by the department under
s. 48.67 are corrected.
48.715(2)(g)
(g) That a licensee provide training for the licensee's staff members as specified by the department.
48.715(3)
(3) If the department provides written notice of the grounds for a penalty, an explanation of the types of penalties that may be imposed under this subsection and an explanation of the process for appealing a penalty imposed under this subsection, the department may impose any of the following penalties against a licensee or any other person who violates a provision of licensure under
s. 48.70 (1) or rule promulgated by the department under
s. 48.67 or who fails to comply with an order issued under
sub. (2) by the time specified in the order:
48.715(3)(a)
(a) A daily forfeiture amount per violation of not less than $10 nor more than $1,000. All of the following apply to a forfeiture under this paragraph:
48.715(3)(a)1.
1. Within the limits specified in this paragraph, the department may, by rule, set daily forfeiture amounts and payment deadlines based on the size and type of facility or agency and the seriousness of the violation. The department may set daily forfeiture amounts that increase periodically within the statutory limits if there is continued failure to comply with an order issued under
sub. (2).
48.715(3)(a)2.
2. The department may directly assess a forfeiture imposed under this paragraph by specifying the amount of that forfeiture in the notice provided under this subsection.
48.715(3)(a)3.
3. A person against whom the department has assessed a forfeiture shall pay that forfeiture to the department within 10 days after receipt of notice of the assessment or, if that person contests that assessment under
s. 48.72, within 10 days after receipt of the final decision after exhaustion of administrative review or, if that person petitions for judicial review under
ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The department shall remit all forfeitures paid under this subdivision to the state treasurer for deposit in the school fund.
48.715(3)(a)4.
4. The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this paragraph that has not been paid as provided in
subd. 3. The only contestable issue in an action under this subdivision is whether or not the forfeiture has been paid.
48.715(3)(b)
(b) Suspension of the licensee's license for not more than 2 weeks.
48.715(3)(c)
(c) Refusal to renew a license or a probationary license.
48.715(3)(d)
(d) Revocation of a license or a probationary license as provided in
sub. (4).
48.715(4)
(4) If the department provides written notice of revocation and the grounds for revocation as provided in
sub. (4m) and an explanation of the process for appealing a revocation under this subsection, the department may revoke a license issued under
s. 48.66 (1) or a probationary license issued under
s. 48.69 for any of the following reasons:
48.715(4)(a)
(a) The department has imposed a penalty on the licensee under
sub. (3) and the licensee or a person under the supervision of the licensee either continues to violate or resumes violation of a rule promulgated under
s. 48.67, a provision of licensure under
s. 48.70 (1) or an order under this section forming any part of the basis for the penalty.
48.715(4)(b)
(b) The licensee or a person under the supervision of the licensee has committed a substantial violation, as determined by the department, of a rule promulgated under
s. 48.67, a provision of licensure under
s. 48.70 (1) or an order under this section.
48.715(4)(c)
(c) The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the child welfare agency, shelter care facility, group home or day care center that directly threatens the health, safety or welfare of any child under the care of the licensee.
48.715(4)(d)
(d) The licensee or a person under the supervision of the licensee has violated, as determined by the department, a rule promulgated under
s. 48.67, a provision of licensure under
s. 48.70 (1) or an order under this section that is the same as or similar to a rule promulgated under
s. 48.67, a provision of licensure under
s. 48.70 (1) or an order under this section that the licensee or a person under the supervision of the licensee has violated previously.
48.715(4m)(a)(a) For a revocation under
sub. (4) (a) or
(d), the department shall provide to the licensee written notice of the revocation and the grounds for revocation not less than 30 days before the date of the revocation. The revocation will take effect only if the violation on which the revocation is based remains substantially uncorrected at the end of the 30-day notice period.
48.715(4m)(b)
(b) For revocations under
sub. (4) (b) or
(c), the department may revoke the license or probationary license immediately upon written notice to the licensee of the revocation and the grounds for revocation.
48.715(5)
(5) The department may deny a license under
s. 48.66 (1) or a probationary license under
s. 48.69 to any person who has had a license under
s. 48.66 (1) or a probationary license under
s. 48.69 revoked within the previous 5 years.
48.72
48.72
Appeal procedure. Any person aggrieved by the department's refusal or failure to issue or renew a license or by any action taken by the department under
s. 48.715 has the right to an administrative hearing provided for contested cases in
ch. 227. To receive an administrative hearing under
ch. 227, the aggrieved person shall send to the department a written request for a hearing under
s. 227.44 within 10 days after the date of the department's refusal or failure to issue or renew a license or the department's action taken under
s. 48.715. The department shall hold an administrative hearing under
s. 227.44 within 30 days after receipt of the request for the administrative hearing unless the aggrieved person consents to an extension of that time period. Judicial review of the department's decision may be had as provided in
ch. 227.
48.72 History
History: 1991 a. 275;
1993 a. 375.
48.73
48.73
Inspection of licensees. The department may visit and inspect each child welfare agency, foster home, treatment foster home, group home and day care center licensed by it, and for such purpose shall be given unrestricted access to the premises described in the license.
48.73 History
History: 1979 c. 300;
1993 a. 446.
48.735
48.735
Immunization requirements; day care centers. The department, after notice to a licensee, may suspend, revoke or refuse to renew a license in any case in which the department finds that there has been a substantial failure to comply with the requirements of
s. 252.04.
48.735 History
History: 1989 a. 120;
1993 a. 27.
48.737
48.737
Lead screening, inspection and reduction requirements; day care centers. The department, after notice to a day care provider certified under
s. 48.651, or a day care center that holds a license under
s. 48.65 or a probationary license under
s. 48.69, may suspend, revoke or refuse to renew a license or certification in any case in which the department finds that there has been a substantial failure to comply with any rule promulgated under
s. 254.162,
254.168 or
254.172.
48.737 History
History: 1993 a. 450,
491.
48.74
48.74
Authority of department to investigate alleged violations. Whenever the department is advised or has reason to believe that any person is violating any of the provisions of
ss. 48.60,
48.62,
48.625 or
48.65, it shall make an investigation to determine the facts. For the purposes of this investigation, it shall have authority to inspect the premises where the violation is alleged to occur. If it finds that the person is violating any of the specified sections, it may either issue a license if the person is qualified or may institute a prosecution under
s. 48.76.
48.74 History
History: 1979 c. 300.
48.745
48.745
Formal complaints regarding child welfare agencies and group homes. 48.745(1)
(1) If a complaint is received by a child welfare agency or group home, the licensee shall attempt to resolve the complaint informally. Failing such resolution, the licensee shall inform the complaining party of the procedure for filing a formal complaint under this section.
48.745(2)
(2) Any individual may file a formal complaint under this section regarding the general operation of a child welfare agency or group home and shall not be subject to reprisals for doing so. All formal complaints regarding child welfare agencies and group homes shall be filed with the county department on forms supplied by the county department unless the county department designates the department to receive formal complaints. The county department shall investigate or cause to be investigated each formal complaint. Records of the results of each investigation and the disposition of each formal complaint shall be kept by the county department and filed with the subunit of the department which licenses child welfare agencies and group homes.
48.745(3)
(3) Upon receipt of a formal complaint, the county department may investigate the premises and records and question the licensee, staff and residents of the child welfare agency or group home involved. The county department shall attempt to resolve the situation through negotiation and other appropriate means.
48.745(4)
(4) If no resolution is reached, the county department shall forward the formal complaint, results of the investigation and any other pertinent information to the unit within the department which is empowered to take further action under this chapter against the facility. The unit shall review the complaint and may conduct further investigation, take enforcement action under this chapter or dismiss the complaint. The department shall notify the complainant in writing of the final disposition of the complaint and the reasons therefor. If the complaint is dismissed, the complainant is entitled to an administrative hearing conducted by the department to determine the reasonableness of the dismissal.
48.745(5)
(5) If the county department designates the department to receive formal complaints, the subunit under
s. 46.03 (22) (c) shall receive the complaints and the department shall have all the powers and duties granted to the county department in this section.
48.75
48.75
Foster homes and treatment foster homes licensed by county departments and by child welfare agencies. 48.75(1)(1) Child welfare agencies, if licensed to do so by the department, and county departments may license foster homes and treatment foster homes under the rules promulgated by the department under
s. 48.67 governing the licensing of foster homes and treatment foster homes. A foster home or treatment foster home license shall be issued for a term not to exceed 2 years from the date of issuance, is not transferable and may be revoked by the child welfare agency or by the county department because the licensee has substantially and intentionally violated any provision of this chapter or of the rules of the department promulgated pursuant to
s. 48.67 or because the licensee fails to meet the minimum requirements for a license. The licensee shall be given written notice of any revocation and the grounds therefor.
48.75(1g)(a)(a) A county department may license a foster home only if the foster home is located in the county of the county department, except that a county department may license a foster home located in another county if any of the following applies:
48.75(1g)(a)1.
1. The person who will be licensed to operate the foster home is a relative, as defined in
s. 48.02 (15) or as specified in
s. 49.19 (1) (a) 2. a., or a guardian of the child who will be placed in the foster home.
48.75(1g)(a)2.
2. A foster parent licensed by the county department moves to the other county with a child who has been placed in the foster parent's home and the license will allow the foster parent to continue to care for that child.
48.75(1g)(a)3.
3. The county of the county department issuing the license and the county in which the foster home is located are contiguous.
48.75(1g)(a)4.
4. The county of the county department issuing the license has a population of 500,000 or more and the placement is for adoption under
s. 48.833 or
48.837.
48.75(1g)(b)
(b) A license issued under this subsection shall specifically identify each child to be placed in the foster home and shall terminate on the removal of all of those children from the foster home.
48.75(1g)(c)
(c) No license may be issued under this subsection unless the county department issuing the license has notified the county department of the county in which the foster home will be located of its intent to issue the license and the 2 county departments have entered into a written agreement under this paragraph. A county department is not required to enter into any agreement under this paragraph allowing the county department of another county to license a foster home within its jurisdiction. The written agreement shall include all of the following:
48.75(1g)(c)1.
1. A statement that the county department issuing the license is responsible for providing services to the child who is placed in the foster home, as specified in the agreement.
48.75(1g)(c)2.
2. A statement that the county department issuing the license is responsible for the costs of the placement and any related costs, as specified in the agreement.
48.75(1g)(c)3.
3. A description of the procedures to be followed in providing emergency services to the child who is placed in the foster home and to the foster parent, as specified in the agreement.
48.75(1g)(d)
(d) If the county department issuing a license under this subsection violates the agreement under
par. (c), the county department of the county in which the foster home is located may terminate the agreement and, subject to
ss. 48.357 and
48.64, require the county department that issued the license to remove the child from the foster home within 30 days after receipt, by the county department that issued the license, of notification of the termination of the agreement.
48.75(1r)
(1r) At the time of initial licensure and license renewal, the child welfare agency or county department issuing a license under
sub. (1) or
(1g) shall provide the licensee with written information relating to the age-related monthly foster care rates and supplemental payments specified in
s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments and the procedures for applying for supplemental payments.
48.75(2)
(2) Any foster home or treatment foster home applicant or licensee of a county department or a child welfare agency may, if aggrieved by the failure to issue or renew its license or by revocation of its license, appeal as provided in
s. 48.72.
48.76
48.76
Penalties. In addition to the sanctions and penalties provided in
s. 48.715, any person who violates
s. 48.60,
48.62,
48.625,
48.63 or
48.65 may be fined not more than $500 or imprisoned for not more than one year in county jail or both.
48.77
48.77
Injunction against violations. In addition to the penalties provided in
s. 48.76, the circuit courts shall have jurisdiction to prevent and restrain by injunction violations of
s. 48.60,
48.62,
48.625,
48.63 or
48.65. It shall be the duty of the district attorneys, upon request of the department, to institute action for such injunction under
ch. 813.
48.77 History
History: Sup. Ct. Order, 67 W (2d) 585, 773 (1975);
1977 c. 418 s.
929 (18);
1979 c. 300.
