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) (a) 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) (a) 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) (a) 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 employee.
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 continue 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) (a) 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(4)(e)
(e) The licensee has failed to apply for a continuance of the license within 30 days after receipt of the warning under
s. 48.66 (5).
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),
(c) or
(e), 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) (a) or a probationary license under
s. 48.69 to any person who has had a license under
s. 48.66 (1) (a) or a probationary license under
s. 48.69 revoked within the previous 5 years.
48.715(6)
(6) The department of health and family services shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under
s. 48.66 (1) (a) or a probationary license under
s. 48.69 to operate a child welfare agency, group home, shelter care facility or day care center, and the department of corrections shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under
s. 48.66 (1) (b) to operate a secured child caring institution, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under
s. 49.857. Notwithstanding
s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under
s. 49.857 and not as provided in
s. 48.72.
48.715(7)
(7) The department shall deny an application for the issuance or continuation of a license under
s. 48.66 (1) (a) or a probationary license under
s. 48.69 to operate a child welfare agency, group home, shelter care facility or day care center, or revoke such a license already issued, if the department of revenue certifies under
s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only as provided under
s. 73.0301 (5) and not as provided in
s. 48.72.
48.72
48.72
Appeal procedure. Except as provided in
s. 48.715 (6) and
(7), any person aggrieved by the department's refusal or failure to issue, renew or continue 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, renew or continue 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.
48.73
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 day care center licensee, may suspend, revoke or refuse to continue a day care center 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.
48.737
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 or continue 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;
1997 a. 27.
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 public licensing agencies and by child welfare agencies. 48.75(1b)(1b) In this section, "public licensing agency" means a county department or, in a county having a population of 500,000 or more, the department.
48.75(1d)
(1d) Child welfare agencies, if licensed to do so by the department, and public licensing agencies 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 public licensing agency 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 public licensing agency may license a foster home only if the foster home is located in the county of the public licensing agency, except that a public licensing agency 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 public licensing agency 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 public licensing agency 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 public licensing agency issuing the license has a population of 500,000 or more and the placement is for adoption under
s. 48.833,
48.835 or
48.837.
48.75(1g)(a)5.
5. The public licensing agency of the county in which the prospective foster home is located requests the public licensing agency of another county to license the foster home.
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
par. (a) 1.,
2. or
3. unless the public licensing agency issuing the license has notified the public licensing agency of the county in which the foster home will be located of its intent to issue the license and the 2 public licensing agencies have entered into a written agreement under this paragraph. A public licensing agency is not required to enter into any agreement under this paragraph allowing the public licensing agency 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 public licensing agency 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 public licensing agency 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 public licensing agency issuing a license under
par. (a) 1.,
2. or
3. violates the agreement under
par. (c), the public licensing agency 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 public licensing agency that issued the license to remove the child from the foster home within 30 days after receipt, by the public licensing agency that issued the license, of notification of the termination of the agreement.
48.75(1m)
(1m) Each child welfare agency and public licensing agency shall provide the subunit of the department that administers
s. 48.685 with information about each person who is denied a license for a reason specified in
s. 48.685 (4m) (a) 1. to
5.
48.75(1r)
(1r) At the time of initial licensure and license renewal, the child welfare agency or public licensing agency issuing a license under
sub. (1d) 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 public licensing agency 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 Wis. 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)(aj)
(aj) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of a parent, guardian or legal custodian of a child expectant mother of an unborn child who is the subject of the record, upon the request of an expectant mother of an unborn child who is the subject of the record, if 14 years of age or over, or upon the request of an unborn child by the unborn child's guardian ad litem to the parent, guardian, legal custodian, expectant mother or unborn child by the unborn child's guardian ad litem, unless the agency determines that inspection of those records by the parent, guardian, legal custodian, expectant mother or unborn child by the unborn child's guardian ad litem 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)(ap)
(ap) 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 a child expectant mother of an unborn child who is the subject of the record, or of an expectant mother of an unborn child who is the subject of the record, if 14 years of age or over, and of the unborn child by the unborn child's guardian ad litem, to the person named in the permission if the parent, guardian, legal custodian or expectant mother, and unborn child by the unborn child's guardian ad litem, specifically identify 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 agency, a law enforcement agency, a public school or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and
s. 938.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under
ss. 48.396 (1) and
938.396 (1). A public school that obtains information under this paragraph shall keep the information confidential as required under
s. 118.125 and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under
s. 118.125.
