48.60(5)(a)(a) No later than 24 hours after the death of a child who resided in a residential care center for children and youth operated by a child welfare agency, the child welfare agency shall report the death to the department if one of the following applies:
48.60(5)(a)1.
1. There is reasonable cause to believe that the death was related to the use of physical restraint or a psychotropic medication for the child.
48.60(5)(a)3.
3. There is reasonable cause to believe that the death was a suicide.
48.60(5)(c)
(c) No later than 14 days after the date of the death reported under
par. (a), the department shall investigate the death.
48.60 Cross-reference
Cross Reference: See also ch.
HFS 5, Wis. adm. code.
48.61
48.61
Powers and duties of child welfare agencies. A child welfare agency shall have authority:
48.61(1)
(1) To accept legal or physical custody of children transferred to it by the court under
s. 48.355.
48.61(2)
(2) To contract with any parent or guardian or other person for the supervision or care and maintenance of any child.
48.61(3)
(3) To provide appropriate care and training for children in its legal or physical custody and, if licensed to do so, to place children in licensed foster homes, licensed treatment foster homes and licensed group homes.
48.61(4)
(4) To provide for the moral and religious training of children in its legal custody according to the religious belief of the child or the child's parents.
48.61(5)
(5) If licensed to do so, to accept guardianship of children when appointed by the court, and to place children under its guardianship for adoption.
48.61(7)
(7) To license foster homes or treatment foster homes in accordance with
s. 48.75 if licensed to do so.
48.61 Cross-reference
Cross Reference: See also ch.
HFS 54, Wis. adm. code.
48.615
48.615
Child welfare agency licensing fees. 48.615(1)(a)(a) Before the department may issue a license under
s. 48.60 (1) to a child welfare agency that regularly provides care and maintenance for children within the confines of a residential care center for children and youth operated by the child welfare agency, the child welfare agency must pay to the department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on the number of children that the child welfare agency is licensed to serve.
48.615(1)(b)
(b) Before the department may issue a license under
s. 48.60 (1) to a child welfare agency that places children in licensed foster homes, licensed treatment foster homes and licensed group homes, the child welfare agency must pay to the department a biennial fee of $254.10
48.615(1)(c)
(c) A child welfare agency that wishes to continue a license issued under
s. 48.60 (1) shall pay the applicable fee under
par. (a) or
(b) by the continuation date of the license.
48.615(1)(d)
(d) A new child welfare agency shall pay the applicable fee under
par. (a) or
(b) no later than 30 days before the opening of the child welfare agency.
48.615(2)
(2) A child welfare agency that wishes to continue a license issued under
s. 48.60 (1) and that fails to pay the applicable fee under
sub. (1) (a) or
(b) by the continuation date of the license or a new child welfare agency that fails to pay the applicable fee under
sub. (1) (a) or
(b) by 30 days before the opening of the child welfare agency shall pay an additional fee of $5 per day for every day after the deadline that the agency fails to pay the fee.
FOSTER HOMES AND TREATMENT FOSTER HOMES
48.619
48.619
Definition. In this subchapter, "child" means a person under 18 years of age and also includes, for purposes of counting the number of children for whom a foster home, treatment foster home, or group home may provide care and maintenance, a person 18 years of age or over, but under 19 years of age, who is a full-time student at a secondary school or its vocational or technical equivalent, who is reasonably expected to complete the program before reaching 19 years of age, who was residing in the foster home, treatment foster home, or group home immediately prior to his or her 18th birthday, and who continues to reside in that foster home, treatment foster home, or group home.
48.619 History
History: 2001 a. 69.
48.62
48.62
Licensing of foster homes and treatment foster homes; rates. 48.62(1)(a)(a) Any person who receives, with or without transfer of legal custody, 4 or fewer children or, if necessary to enable a sibling group to remain together, 6 or fewer children or, if the department promulgates rules permitting a different number of children, the number of children permitted under those rules, to provide care and maintenance for those children shall obtain a license to operate a foster home from the department, a county department or a licensed child welfare agency as provided in
s. 48.75.
48.62(1)(b)
(b) Any person who receives, with or without transfer of legal custody, 4 or fewer children into a home to provide care and maintenance and structured, professional treatment for those children shall obtain a license to operate a treatment foster home from the department, a county department or a licensed child welfare agency as provided in
s. 48.75.
48.62(2)
(2) A relative as defined in
s. 48.02 (15) or as specified in
s. 49.19 (1) (a) or a guardian of a child, who provides care and maintenance for a child, is not required to obtain the license specified in this section. The department, county department or licensed child welfare agency as provided in
s. 48.75 may issue a license to operate a foster home or a treatment foster home to a relative who has no duty of support under
s. 49.90 (1) (a) and who requests a license to operate a foster home or treatment foster home for a specific child who is either placed by court order or who is the subject of a voluntary placement agreement under
s. 48.63. The department, a county department or a licensed child welfare agency may, at the request of a guardian appointed under
s. 48.977 or
48.978 or
ch. 880, license the guardian's home as a foster home or treatment foster home for the guardian's minor ward who is living in the home and who is placed in the home by court order. Relatives with no duty of support and guardians appointed under
s. 48.977 or
48.978 or
ch. 880 who are licensed to operate foster homes or treatment foster homes are subject to the department's licensing rules.
48.62(3)
(3) When the department, a county department or a child welfare agency issues a license to operate a foster home or a treatment foster home, the department, county department or child welfare agency shall notify the clerk of the school district in which the foster home or treatment foster home is located that a foster home or treatment foster home has been licensed in the school district.
48.62(4)
(4) Monthly payments in foster care shall be provided according to the age-related rates specified in this subsection. Beginning on January 1, 2000, the age-related rates are: $299 for children aged 4 and under; $326 for children aged 5 to 11; $371 for children aged 12 to 14 and $387 for children aged 15 to 17. Beginning on January 1, 2001, the age-related rates are: $302 for children aged 4 and under; $329 for children aged 5 to 11; $375 for children aged 12 to 14; and $391 for children aged 15 to 17. In addition to these grants for basic maintenance, the department shall make supplemental payments for special needs, exceptional circumstances, care in a treatment foster home and initial clothing allowances according to rules promulgated by the department.
48.62 Cross-reference
Cross Reference: See also ch.
HFS 56, Wis. adm. code.
48.62 Annotation
A foster child in a family owned foster home under a one-year dispositional order is a resident of the household for insurance purposes. A. G. v. Travelers Insurance Co.
112 Wis. 2d 18,
331 N.W.2d 643 (Ct. App. 1983).
48.62 Annotation
Foster homes owned, operated, or contracted for by the department or a county department are immune from local zoning ordinances. Foster homes owned, operated, or contracted for by licensed child welfare agencies are not immune. All family operated foster homes are subject to local zoning. Municipal foster home licensing ordinances are unenforceable. 63 Atty. Gen. 34.
48.62 Annotation
State-licensed foster homes are immune from local zoning ordinances restricting the number of unrelated occupants of single family dwellings. 66 Atty. Gen. 342.
48.625
48.625
Licensing of group homes; fees. 48.625(1)
(1) Any person who receives, with or without transfer of legal custody, 5 to 8 children, not including children who under
sub. (1m) are not counted toward that number, to provide care and maintenance for those children shall obtain a license to operate a group home from the department. To obtain a license under this subsection to operate a group home, 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. (2). 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).
48.625(1m)
(1m) The department may issue a license under
sub. (1) authorizing a group home solely to provide a safe and structured living arrangement for children 12 years of age or over who are custodial parents, as defined in
s. 49.141 (1) (b), or expectant mothers and who are placed in the group home under
s. 48.345 (3) (cm) or
938.34 (3) (cm) and for children 14 years of age or over who are custodial parents, as defined in
s. 49.141 (1) (b), or expectant mothers and who are placed in the group home under voluntary agreements under
s. 48.63 (5), and to provide those children with training in parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote the long-term economic independence of those children and the well-being of the children of those children. In licensing a group home described in this subsection, the department may not count toward the number of children whom the group home is licensed to serve the child of a child who is placed in the group home. The department shall promulgate rules establishing standards for a group home described in this subsection. Those rules shall require such a group home to provide for the health, safety, and welfare of the child of any child custodial parent who has been placed in that group home and to have a policy governing visitation between such a child and the child's noncustodial parent.
48.625(2)(a)(a) Before the department may issue a license under
sub. (1) to a group home, the group home must pay to the department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on the number of children that the group home is licensed to serve. A group home that wishes to continue a license issued under
sub. (1) shall pay the fee under this paragraph by the continuation date of the license. A new group home shall pay the fee under this paragraph no later than 30 days before the opening of the group home.
48.625(2)(b)
(b) A group home that wishes to continue a license issued under
sub. (1) and that fails to pay the fee under
par. (a) by the continuation date of the license or a new group home that fails to pay the fee under
par. (a) by 30 days before the opening of the group home shall pay an additional fee of $5 per day for every day after the deadline that the group home fails to pay the fee.
48.625(2m)
(2m) When the department issues a license to operate a group home, the department shall notify the clerk of the school district in which the group home is located that a group home has been licensed in the school district.
48.625 Cross-reference
Cross-reference: See s.
48.66 for the department's licensing authority.
48.627
48.627
Foster, treatment foster and family-operated group home parent insurance and liability. 48.627(1)
(1) In this section, "family-operated group home" means a home licensed under
s. 48.625 for which the licensee is one or more individuals who operate not more than one group home.
48.627(2)(a)(a) Before the department, a county department or a licensed child welfare agency may issue, renew or continue a foster home, treatment foster home or family-operated group home license, the licensing agency shall require the applicant to furnish proof satisfactory to the licensing agency that he or she has homeowner's or renter's liability insurance that provides coverage for negligent acts or omissions by children placed in a foster home, treatment foster home or family-operated group home that result in bodily injury or property damage to 3rd parties.
48.627(2)(b)
(b) A licensing agency may, in accordance with rules promulgated by the department, waive the requirement under
par. (a) if the applicant shows that he or she is unable to obtain the required insurance, that he or she has had a homeowner's or renter's liability insurance policy canceled or that payment of the premium for the required insurance would cause undue financial hardship.
48.627(2)(c)
(c) The department shall conduct a study to determine the cost-effectiveness of purchasing insurance to provide standard homeowner's or renter's liability insurance coverage for applicants who are granted a waiver under
par. (b). If the department determines that it would be cost-effective to purchase such insurance, it may purchase the insurance from the appropriations under
s. 20.435 (3) (cf) and
(pd).
48.627(2)(d)
(d) The licensing agency shall specify the amounts of liability insurance coverage required under
par. (a).
48.627(2c)
(2c) The department shall determine the cost-effectiveness of purchasing private insurance that would provide coverage to foster, treatment foster and family-operated group home parents for acts or omissions by or affecting a child who is placed in a foster home, a treatment foster home or a family-operated group home. If this private insurance is cost-effective and available, the department shall purchase the insurance from the appropriations under
s. 20.435 (3) (cf) and
(pd). If the insurance is unavailable, payment of claims for acts or omissions by or affecting a child who is placed in a foster home, a treatment foster home or a family-operated group home shall be in accordance with
subs. (2m) to
(3).
48.627(2m)
(2m) Within the limits of the appropriations under
s. 20.435 (3) (cf) and
(pd), the department shall pay claims to the extent not covered by any other insurance and subject to the limitations specified in
sub. (3), for bodily injury or property damage sustained by a licensed foster, treatment foster or family-operated group home parent or a member of the foster, treatment foster or family-operated group home parent's family as a result of the act of a child in the foster, treatment foster or family-operated group home parent's care.
48.627(2s)
(2s) Within the limits of the appropriations under
s. 20.435 (3) (cf) and
(pd), the department may pay claims to the extent not covered by any other insurance and subject to the limitations specified in
sub. (3), for all of the following:
48.627(2s)(a)
(a) Acts or omissions of the foster, treatment foster or family-operated group home parent that result in bodily injury to the child who is placed in the foster home, treatment foster home or family-operated group home or that form the basis for a civil action for damages by the foster child's parent against the foster, treatment foster or family-operated group home parent.
48.627(2s)(b)
(b) Bodily injury or property damage caused by an act or omission of a child who is placed in the foster, treatment foster or family-operated group home parent's care for which the foster, treatment foster or family-operated group home parent becomes legally liable.
48.627(3)(b)(b) A claim under
sub. (2m) shall be submitted to the department within 90 days after the bodily injury or property damage occurs. A claim under
sub. (2s) shall be submitted within 90 days after a foster, treatment foster or family-operated group home parent learns that a legal action has been commenced against that parent. No claim may be paid under this subsection unless it is submitted within the time limits specified in this paragraph.
48.627(3)(c)
(c) The department shall review and approve in whole or in part or disapprove all claims received under this subsection during each 3-month period beginning with the period from July 1, 1985, to September 30, 1985.
48.627(3)(d)
(d) No claim may be approved in an amount exceeding the total amount available for paying claims under this subsection in the fiscal year during which the claim is submitted. No claim for property damage sustained by a foster, treatment foster or family-operated group home parent or a member of a foster, treatment foster or family-operated group home parent's family may be approved in an amount exceeding $250,000.
48.627(3)(e)
(e) The department may not approve a claim unless the foster, treatment foster or family-operated group home parent submits with the claim evidence that is satisfactory to the department of the cause and value of the claim and evidence that insurance coverage is unavailable or inadequate to cover the claim. If insurance is available but inadequate, the department may approve a claim only for the amount of the value of the claim that it determines is in excess of the amount covered by insurance.
48.627(3)(f)
(f) If the total amount of the claims approved during any calendar quarter exceeds 25% of the total funds available during the fiscal year for purposes of this subsection plus any unencumbered funds remaining from the previous quarter, the department shall prorate the available funds among the claimants with approved claims. The department shall also prorate any unencumbered funds remaining in the appropriation under
s. 20.435 (3) (cf) at the end of each fiscal year among the claimants whose claims were prorated during the fiscal year. Payment of a prorated amount from unencumbered funds remaining at the end of the fiscal year constitutes a complete payment of the claim for purposes of this program, but does not prohibit a foster parent or treatment foster parent from submitting a claim under
s. 16.007 for the unpaid portion.
48.627(3)(g)
(g) A claimant whose claim is denied or whose payment is prorated is not entitled to a hearing under
ch. 227 on the issue of the denial or proration.
48.627(3)(h)
(h) If a claim by a foster, treatment foster or family-operated group home parent or a member of the foster, treatment foster or family-operated group home parent's family is approved, the department shall deduct from the amount approved $100 less any amount deducted by an insurance company from a payment for the same claim, except that a foster, treatment foster or family-operated group home parent and his or her family are subject to only one deductible for all claims filed in a fiscal year.
48.627(3)(i)
(i) The department may enter into a contract for the administration of this subsection.
48.627(4)
(4) Except as provided in
s. 895.485, the department is not liable for any act or omission by or affecting a child who is placed in a foster home, treatment foster home or family-operated group home, but shall, as provided in this section, pay claims described under
sub. (2m) and may pay claims described under
sub. (2s) or may purchase insurance to cover such claims as provided for under
sub. (2c), within the limits of the appropriations under
s. 20.435 (3) (cf) and
(pd).
48.627(5)
(5) The attorney general may represent a foster, treatment foster or family-operated group home parent in any civil action arising out of an act or omission of the foster, treatment foster or family-operated group home parent while acting in his or her capacity as a foster, treatment foster or family-operated group home parent.
48.627 Annotation
Foster parents are not agents of the county for purposes of tort liability. Kara B. v. Dane County,
198 Wis. 2d 24,
542 N.W.2d 777 (Ct. App. 1995).
48.63
48.63
Restrictions on placements. 48.63(1)
(1) Acting under court order or voluntary agreement, the child's parent or guardian or the department of health and family services, the department of corrections, a county department, or a child welfare agency licensed to place children in foster homes, treatment foster homes, or group homes may place a child or negotiate or act as intermediary for the placement of a child in a foster home, treatment foster home, or group home. Voluntary agreements under this subsection may not be used for placements in facilities other than foster, treatment foster, or group homes and may not be extended. A foster home or treatment foster home placement under a voluntary agreement may not exceed 180 days from the date on which the child was removed from the home under the voluntary agreement. A group home placement under a voluntary agreement may not exceed 15 days from the date on which the child was removed from the home under the voluntary agreement, except as provided in
sub. (5). These time limitations do not apply to placements made under
s. 48.345,
938.183,
938.34, or
938.345. Voluntary agreements may be made only under this subsection and
sub. (5) (b) and shall be in writing and shall specifically state that the agreement may be terminated at any time by the parent or guardian or by the child if the child's consent to the agreement is required. The child's consent to the agreement is required whenever the child is 12 years of age or older.
48.63(2)
(2) No person may place a child or offer or hold himself or herself out as able to place a child, except as provided in this section. Enrollment of a child by a parent or guardian in an educational institution shall not constitute a placement for the purposes of this section.
48.63(3)
(3) Subsection (1) does not apply to the placement of a child for adoption. Adoptive placements may be made only as provided under
ss. 48.833,
48.835,
48.837 and
48.839.
48.63(4)
(4) A permanency plan under
s. 48.38 is required for each child placed in a foster home or treatment foster home under
sub. (1). If the child is living in a foster home or treatment foster home under a voluntary agreement, the agency that negotiated or acted as intermediary for the placement shall prepare the permanency plan within 60 days after the date on which the child was removed from his or her home under the voluntary agreement. A copy of each plan shall be provided to the child if he or she is 12 years of age or over and to the child's parent or guardian. If the agency that arranged the voluntary placement intends to seek a court order to place the child outside of his or her home at the expiration of the voluntary placement, the agency shall prepare a revised permanency plan and file that revised plan with the court prior to the date of the hearing on the proposed placement.
48.63(5)(a)(a) Subsection (1) does not apply to the voluntary placement under
par. (b) of a child in a group home described in s.
48.63(5)(a)48.48. 625 (1m). Such placements may be made only as provided in
par. (b).
48.63(5)(b)
(b) If a child who is at least 14 years of age, who is a custodial parent, as defined in
s. 49.141 (1) (b), or an expectant mother, and who is in need of a safe and structured living arrangement and the parent or guardian of the child consent, a child welfare agency licensed to place children in group homes may place the child or arrange the placement of the child in a group home described in
s. 48.625 (1m). Before placing a child or arranging the placement of a child under this paragraph, the child welfare agency shall report any suspected abuse or neglect of the child as required under
s. 48.981 (2). A voluntary agreement to place a child in a group home described in
s. 48.625 (1m) may be made only under this paragraph, shall be in writing, and shall specifically state that the agreement may be terminated at any time by the parent, guardian, or child. An initial placement under this paragraph may not exceed 180 days from the date on which the child was removed from the home under the voluntary agreement, but may be extended as provided in
par. (d) 3. to
6. An initial placement under this paragraph of a child who is under 16 years of age on the date of the initial placement may be extended as provided in
par. (d) 3. to
6. no more than once.
48.63(5)(c)
(c) A permanency plan under
s. 48.38 is required for each child placed in a group home under
par. (b) and for any child of that child who is residing with that child. The agency that placed the child or that arranged the placement of the child shall prepare the plan within 60 days after the date on which the child was removed from his or her home under the voluntary agreement and shall provide a copy of the plan to the child and the child's parent or guardian.
48.63(5)(d)1.1. In this paragraph, "independent reviewing agency" means a person contracted with under
subd. 2. to review permanency plans and placements under
subds. 3. to
6.
48.63(5)(d)2.
2. An agency that places children under
par. (b) or that arranges those placements shall contract with another agency licensed under
s. 48.61 (3) to place children or with a county department to review the permanency plans and placements of those children and of any children of those children who are residing with those children as provided in
subds. 3. to
6.
48.63(5)(d)3.
3. If the agency that has placed a child under
par. (b) or that has arranged the placement of the child wishes to extend the placement of the child, the agency shall prepare a revised permanency plan for that child and for any child of that child who is residing with that child and submit the revised permanency plan or plans, together with a request for a review of the revised permanency plan or plans and the child's placement, to the independent reviewing agency before the expiration of the child's placement. The request shall include a statement that an extension of the child's placement would be in the best interests of the child, together with reliable and credible information in support of that statement, a statement that the child and the parent or guardian of the child consent to the extension of the child's placement, and a request that the independent reviewing agency approve an extension of the child's placement. On receipt of a revised permanency plan or plans and a request for review, the independent reviewing agency shall set a time and place for the review and shall advise the agency that placed the child or that arranged the placement of the child of the time and place of the review.
