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.
GENERAL PROVISIONS ON RECORDS
48.78
48.78
Confidentiality of records. 48.78(1)
(1) In this section, unless otherwise qualified, "agency" means the department, a county department, a licensed child welfare agency, a licensed day care center or a licensed maternity hospital.
48.78(2)(ag)
(ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian or legal custodian of the child who is the subject of the record or upon the request of the child, if 14 years of age or over, to the parent, guardian, legal custodian or child, unless the agency determines that inspection of those records by the child, parent, guardian or legal custodian would result in imminent danger to anyone.
48.78(2)(am)
(am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian or legal custodian of the child who is the subject of the record or upon the written permission of the child, if 14 years of age or over, to the person named in the permission if the parent, guardian, legal custodian or child specifically identifies the record in the written permission, unless the agency determines that inspection of those records by the person named in the permission would result in imminent danger to anyone.
48.78(2)(b)
(b) Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare or law enforcement agency regarding an individual in the care or legal custody of one of the agencies.
48.78(2)(c)
(c) Paragraph (a) does not prohibit the department or a county department from using in the media a picture or description of a child in the guardianship of the department or a county department for the purpose of finding adoptive parents for that child.
48.78(2)(d)
(d) Paragraph (a) does not prohibit the department of health and family services or a county department from disclosing information about an individual formerly in the legal custody or under the supervision of that department under s.
48.34 (4m), 1993 stats., or formerly under the supervision of that department or county department under s.
48.34 (4n), 1993 stats., to the department of corrections, if the individual is at the time of disclosure any of the following:
48.78(2)(g)
(g) Paragraph (a) does not prohibit an agency from disclosing information about an individual in its care or legal custody on the written request of the department of regulation and licensing or of any interested examining board or affiliated credentialing board in that department for use in any investigation or proceeding relating to any alleged misconduct by any person who is credentialed or who is seeking credentialing under
ch. 448,
455 or
457.Unless authorized by an order of the court, the department of regulation and licensing and any examining board or affiliated credentialing board in that department shall keep confidential any information obtained under this paragraph and may not disclose the name of or any other identifying information about the individual who is the subject of the information disclosed, except to the extent that redisclosure of that information is necessary for the conduct of the investigation or proceeding for which that information was obtained.
48.78 History
History: 1979 c. 34;
1981 c. 359;
1983 a. 471 s.
7;
1985 a. 29 s.
3202 (23);
1985 a. 176,
292,
332;
1987 a. 332;
1989 a. 31,
107,
336;
1991 a. 17,
39;
1993 a. 16,
92,
95,
218,
227,
377,
385,
395,
479,
491;
1995 a. 27 ss.
2610 to
2614p,
9126 (19);
1995 a. 77,
230,
352.
48.78 Annotation
Since a juvenile has a constitutional right to both inspect and reply to a hearing examiner's report, 48.78 does not prevent a juvenile from having access to such a report. State ex rel. R.R. v. Schmidt, 63 W (2d) 82, 216 NW (2d) 18.
48.78 Annotation
Exclusions of 48.78, Stats. 1969, relating to confidentiality of child welfare records apply to advisory committees but not to county welfare boards. The statute does not preclude release of non-identifying data to such committees. 59 Atty. Gen. 240.
COMMUNITY SERVICES
48.79
48.79
Powers of the department. The department has authority and power:
48.79(4)
(4) To assist communities in setting up recreational commissions and to assist them in extending and broadening recreational programs so as to reach all children.
48.79(5)
(5) To assist in extending the local child care programs so as to reach all homes needing such help.
48.79(6)
(6) To assist in recruiting and training voluntary leaders for youth-serving organizations.
48.79(7)
(7) To assist localities in securing needed specialized services such as medical, psychiatric, psychological and social work services when existing agencies are not able to supply them.
48.79(8)
(8) To assist localities in making surveys of needs and available resources.
48.79(9)
(9) To assist in appraising the achievement of local programs.
48.79(10)
(10) To serve in a general consultative capacity, acting as a clearing house, developing materials, arranging conferences and participating in public addresses and radio programs.
48.79 History
History: 1989 a. 31,
107;
1995 a. 27,
77.
48.80
48.80
Municipalities may sponsor activities. 48.80(1)
(1) Any municipality is hereby authorized and empowered to sponsor the establishment and operation of any committee, agency or council for the purpose of coordinating and supplementing the activities of public and private agencies devoted in whole or in part to the welfare of youth therein. Any municipality may appropriate, raise and expend funds for the purpose of establishing and of providing an executive staff to such committees, agencies or councils; may levy taxes and appropriate money for recreation and welfare projects; and may also receive and expend moneys from the state or federal government or private persons for such purposes.
48.80(2)
(2) No provision of this section shall be construed as vesting in any youth committee, council or agency any power, duty or function enjoined by law upon any municipal officer, board or department or as vesting in such committee, council or agency any supervisory or other authority over such officer, board or department.
48.80(3)
(3) In this section municipality means a county, city, village or town.
ADOPTION OF MINORS; GUARDIANSHIP
48.81
48.81
Who may be adopted. Any minor who meets all of the following criteria may be adopted:
48.81(1)
(1) Except as provided under
s. 48.839 (3) (b) or if an appointment of guardianship has been made under
s. 48.831, a minor whose parental rights have been terminated under
subch. VIII or in another state or a foreign jurisdiction.
48.81(2)
(2) A minor who is present within this state at the time the petition for adoption is filed.
48.81 History
History: 1987 a. 383;
1989 a. 161.
48.81 Annotation
Sub. (1) prevents a birth parent's nonmarital partner from adopting the birth parent's child absent termination of the birth parent's parental rights. Except in the case of stepparent adoption, a child is not eligible for adoption unless the parental rights of both birth parents are terminated. This provision does not violate the constitutional rights of either the child or nonmarital partner. Interest of Angel Lace M. 184 W (2d) 492, 516 NW (2d) 678 (1994).
48.82
48.82
Who may adopt. 48.82(1)(1) The following persons are eligible to adopt a minor if they are residents of this state:
48.82(1)(a)
(a) A husband and wife jointly, or either the husband or wife if the other spouse is a parent of the minor.
48.82(3)
(3) When practicable and if requested by the birth parent, the adoptive parents shall be of the same religious faith as the birth parents of the person to be adopted.
48.82(4)
(4) No person may be denied the benefits of this subchapter because of a religious belief in the use of spiritual means through prayer for healing.
48.82(5)
(5) Although otherwise qualified, no person shall be denied the benefits of this section because the person is deaf, blind or has other physical handicaps.
48.82(6)
(6) No otherwise qualified person may be denied the benefits of this subchapter because of his or her race, color, ancestry or national origin.
48.82 Annotation
Standing to object to adoption proceedings turns on the right to petition for adoption; grandparents excluded from petitioning under s. 48.90 (1) (a) had no standing to object to the adoption of their grandchildren. Adoption of J.C.G. 177 W (2d) 424, 501 NW (2d) 908 (Ct. App. 1993).
48.83
48.83
Jurisdiction and venue. 48.83(1)
(1) The court of the county where the proposed adoptive parent or child resides, upon the filing of a petition for adoption or for the adoptive placement of a child, has jurisdiction over the child until the petition is withdrawn, denied or granted. Venue shall be in the county where the proposed adoptive parent or child resides at the time the petition is filed. The court may transfer the case to a court in the county in which the proposed adoptive parents reside.
48.83(2)
(2) If the adoption is denied, jurisdiction over the child shall immediately revert to the court which appointed the guardian, unless the appointing court is a court of another state or foreign jurisdiction, in which case the court of the county where the child is shall have jurisdiction.
