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 the department's failure to give mandatory written notice under sub. (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
A foster parent is entitled to a hearing under sub. (4) (a) regarding the person's interest as a foster parent even where placement of the child cannot be affected by the hearing outcome. Bingenheimer v. DHSS, 129 W (2d) 100, 383 NW (2d) 898.
48.64 Annotation
Sub. (4) (a) requires a hearing where an adoption agency removes a child from an adoptive placement within 6 months. Thelen v. DHSS, 143 W (2d) 574, 422 NW (2d) 146 (Ct. App. 1988).
48.64 Annotation
Foster children have a constitutional right under the Due Process Clause to safe and secure placement in a foster home. Whether a public official violated that right will be determined based on a professional judgment standard. Kara B. v. Dane County, 205 W (2d) 140, 555 NW (2d) 630 (1996).
48.64 Annotation
The best interest of the child standard under sub. (4) (c) must be read in conjunction with the Children's Code directive that a child's best interest is generally served by being reunited with his or her family. Sallie T. v. Milwaukee County DHSS, 212 W (2d) 694, 570 NW (2d) 46 (Ct. App. 1997).
48.64 Annotation
While prospective adoptive parents have a limited protected liberty interest in the family unit during the first 6 months of placement, that interest does not a 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, meet the requirements specified in
s. 48.685 and pay the license fee under
sub. (3). A license issued under this subsection is valid until revoked or suspended, but shall be reviewed every 2 years as provided in
s. 48.66 (5).
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 $60.50. 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 $30.25, plus a biennial fee of $8.47 per child, based on the number of children that the day care center is licensed to serve. A day care center that wishes to continue a license issued under
sub. (1) shall pay the applicable fee under this paragraph by the continuation 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 continue a license issued under
par. (a) and that fails to pay the applicable fee under
par. (a) by the continuation 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
The distinction created by sub. (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 of workforce development under
s. 49.155 (1d), each day care provider reimbursed for child care services provided to families determined eligible under
s. 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. To be certified under this section, a person must meet the minimum requirements for certification established by the department of workforce development under
s. 49.155 (1d), meet the requirements specified in
s. 48.685 and pay the fee specified in this section. 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 of workforce development under
s. 49.155 (1d). 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.
48.651(1)(b)
(b) Level II certified family day care providers, as established by the department of workforce development, under
s. 49.155 (1d).
48.651(2m)
(2m) Each county department shall provide the department with information about each person who is denied certification for a reason specified in
s. 48.685 (2) (a) 1. to
5.
48.653
48.653
Information for day care providers. The department shall provide each day care center licensed under
s. 48.65 and each county agency providing child welfare services with a brochure containing information on basic child care and the licensing and certification requirements for day care providers. Each county agency shall provide each day care provider that it certifies with a copy of the brochure.
48.653 History
History: 1983 a. 193.
48.655
48.655
Parental access. A day care provider that holds a license under
s. 48.65, that is certified under
s. 48.651, that holds a probationary license under
s. 48.69 or that is established or contracted for under
s. 120.13 (14) shall permit any parent or guardian of a child enrolled in the program to visit and observe the program of child care at any time during the provider's hours of operation, unless the visit or observation is contrary to an existing court order.
48.655 History
History: 1991 a. 275;
1993 a. 16.
48.656
48.656
Parent's right to know. Every parent, guardian or legal custodian of a child who is receiving care and supervision, or of a child who is a prospective recipient of care and supervision, from a day care center that holds a license under
s. 48.65 (1) or a probationary license under
s. 48.69 has the right to know certain information about the day care center that would aid the parent, guardian or legal custodian in assessing the quality of care and supervision provided by the day care center.
48.657
48.657
Day care center reports. 48.657(1)
(1) The department shall provide each day care center that holds a license under
s. 48.65 (1) or a probationary license under
s. 48.69 with an annual report that includes the following information:
48.657(1)(a)
(a) Violations of statutes, rules promulgated by the department under
s. 48.67 or provisions of licensure under
s. 48.70 (1) by the day care center. In providing information under this paragraph, the department may not disclose the identity of any employe of the day care center.
48.657(1)(b)
(b) A telephone number at the department that a person may call to complain of any alleged violation of a statute, rule promulgated by the department under
s. 48.67 or provision of licensure under
s. 48.70 (1) by the day care center.
48.657(1)(c)
(c) The results of the most recent inspection of the day care center under
s. 48.73.
48.657(2)
(2) A day care center shall post the report under
sub. (1) next to the day care center's license or probationary license in a place where the report and the inspection results can be seen by parents, guardians or legal custodians during the day care center's hours of operation.
48.657(2g)
(2g) If the report under
sub. (1) indicates that the day care center is in violation of a statute, a rule promulgated by the department under
s. 48.67 or a provision of licensure under
s. 48.70 (1), the day care center shall post with the report any notices received from the department relating to that violation.
48.657(2r)
(2r) Each day care center that receives a report under
sub. (1) shall make available to a parent, guardian or legal custodian of a child who is receiving, or who is a prospective recipient of, care and supervision from the day care center the reports under
sub. (1) from the previous 2 years and any notices received from the department relating to any violations identified in those reports. In providing information under this subsection, a day care center may withhold any information that would disclose the identity of an employe of the day care center.
48.657(3)
(3) The department may require a day care center to provide to the department any information that is necessary for the department to prepare the report under
sub. (1).
LICENSING PROCEDURES AND REQUIREMENTS FOR CHILD WELFARE AGENCIES, FOSTER HOMES, TREATMENT FOSTER HOMES, GROUP HOMES, DAY CARE CENTERS AND COUNTY DEPARTMENTS
48.66
48.66
Licensing duties of the department. 48.66(1)
(1) Except as provided under
s. 48.715 (6) and
(7), the department shall license and supervise child welfare agencies, as required by
s. 48.60, group homes, as required by
s. 48.625, shelter care facilities, as required by
s. 938.22, and day care centers, as required by
s. 48.65. The department may license foster homes or treatment foster homes, as provided by
s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in
ss. 48.67 to
48.74. Except as provided under
s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured child caring institution, as defined in
s. 938.02 (15g), for holding in secure custody juveniles who have been convicted under
s. 938.183 or adjudicated delinquent under
s. 938.183 or
938.34 (4d),
(4h) or
(4m) and referred to the child welfare agency by the court or the department of corrections and to provide supervision, care and maintenance for those juveniles. A license issued under this subsection, other than a license to operate a foster home, treatment foster home or secured child caring institution, is valid until revoked or suspended. A license issued under this subsection to operate a foster home, treatment foster home or secured child caring institution may be for any term not to exceed 2 years from the date of issuance. No license issued under this subsection is transferable.
48.66(2)
(2) The department shall prescribe application forms to be used by all applicants for licenses from it. The application forms prescribed by the department shall require that the social security numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility or day care center who are individuals be provided and that the federal employer identification numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility or day care center who are not individuals be provided.
48.66(2m)(a)(a) The department of health and family services shall require each applicant for a license under
sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center who is an individual to provide that department with the applicant's social security number, and shall require each applicant for a license under
sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center who is not an individual to provide that department with the applicant's federal employer identification number, when initially applying for or applying to continue the license.
48.66(2m)(am)
(am) The department of corrections shall require each applicant for a license under
sub. (1) to operate a secured child caring institution who is an individual to provide that department with the applicant's social security number when initially applying for or applying to renew the license.
48.66(2m)(b)
(b) The department of health and family services may not issue or continue a license under
sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center to or for an applicant who is an individual unless the applicant has provided the applicant's social security number to that department and may not issue or continue a license under
sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to that department.
48.66(2m)(bm)
(bm) The department of corrections may not issue or renew a license under
sub. (1) to operate a secured child caring institution to or for an applicant who is an individual unless the applicant has provided the applicant's social security number to that department.
48.66(2m)(c)
(c) The department of health and family services may not disclose any information obtained under
par. (a) to any person except to the department of revenue for the sole purpose of requesting certifications under
s. 73.0301 or on the request of the department of workforce development under
s. 49.22 (2m).
48.66(2m)(cm)
(cm) The department of corrections may not disclose any information obtained under
par. (am) to any person except on the request of the department of workforce development under
s. 49.22 (2m).
48.66(3)
(3) The department shall prescribe the form and content of records to be kept and information to be reported by persons licensed by it.
48.66(5)
(5) A child welfare agency, group home, day care center or shelter care facility license, other than a probationary license, is valid until revoked or suspended, but shall be reviewed every 2 years after the date of issuance as provided in this subsection. At least 30 days prior to the continuation date of the license, the licensee shall submit to the department an application for continuance of the license in the form and containing the information that the department requires. If the minimum requirements for a license established under
s. 48.67 are met, the application is approved, the applicable fees referred to in
ss. 48.68 (1) and
48.685 (8) are paid and any forfeiture under
s. 48.715 (3) (a) or penalty under
s. 48.76 that is due is paid, the department shall continue the license for an additional 2-year period, unless sooner suspended or revoked. If the application is not timely filed, the department shall issue a warning to the licensee. If the licensee fails to apply for continuance of the license within 30 days after receipt of the warning, the department may revoke the license as provided in
s. 48.715 (4) and
(4m) (b).
48.66 History
History: 1975 c. 307;
1977 c. 29,
271,
418,
447;
1979 c. 330;
1985 a. 176;
1993 a. 375 ss.
10,
12,
13;
1993 a. 377,
446,
491;
1995 a. 27,
77,
352;
1997 a. 27,
191,
205,
237.
48.67
48.67
Rules governing child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments. These rules shall be designed to protect and promote the health, safety and welfare of the children in the care of all licensees. The department shall consult with the department of commerce and the department of public instruction before promulgating these rules.
48.675
48.675
Foster care education program. 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 appropriation under
s. 20.435 (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(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 and meets the requirements specified in
s. 48.685, if applicable. In determining whether to issue or continue 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 or, if applicable, shall continue a license under
s. 48.66 (5). 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 continuing 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 previous 2-year 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.
48.685
48.685
Criminal history and child abuse record search. 48.685(1)(a)
(a) "Client" means a child who receives direct care or treatment services from an entity.
48.685(1)(b)
(b) "Entity" means a child welfare agency that is licensed under
s. 48.60 to provide care and maintenance for children, to place children for adoption or to license foster homes or treatment foster homes; a foster home or treatment foster home that is licensed under
s. 48.62; a group home that is licensed under
s. 48.625; a shelter care facility that is licensed under
s. 938.22; a day care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14); or a day care provider that is certified under
s. 48.651.
48.685(1)(bg)
(bg) "Foster home" includes a placement for adoption under
s. 48.833 of a child for whom adoption assistance will be provided under
s. 48.975 after the adoption is finalized.
48.685(1)(c)
(c) "Serious crime" has the meaning specified by the department by rule promulgated under
sub. (7) (a).
48.685(1)(d)
(d) "Treatment foster home" includes a placement for adoption under
s. 48.833 of a child for whom adoption assistance will be provided under
s. 48.975 after the adoption is finalized.
48.685(2)(a)(a) Notwithstanding
s. 111.335, and except as provided in
par. (ad) and
sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity, a county department may not certify a day care provider under
s. 48.651, a county department or a child welfare agency may not license, or renew the license of, a foster home or treatment foster home under
s. 48.62 and a school board may not contract with a person under
s. 120.13 (14), if the department, county department, child welfare agency or school board knows or should have known any of the following:
48.685(2)(a)1.
1. That the person has been convicted of a serious crime or, if the person is an applicant for issuance or continuation of a license to operate a day care center or for initial certification under
s. 48.651 or for renewal of that certification or if the person is proposing to contract with a school board under
s. 120.13 (14) or to renew a contract under that subsection, that the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 12th birthday for committing a serious crime.
