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.
48.63(5)(d)4.
4. Not less than 10 days before the review, the agency that placed the child or that arranged the placement of the child shall provide a copy of the revised permanency plan or plans and the request for review submitted under
subd. 3. and notice of the time and place of the review to the child, the parent, guardian, and legal custodian of the child, and the operator of the group home in which the child is placed, together with notice of the issues to be determined as part of the permanency plan review and notice of the fact that those persons may have the opportunity to be heard at the review by submitting written comments to that agency or the independent reviewing agency before the review or by participating at the review.
48.63(5)(d)5.
5. At the review, any person specified in
subd. 4. may present information relevant to the issue of extension and information relevant to the determinations specified in
s. 48.38 (5) (c). After receiving that information, the independent reviewing agency shall make the determinations specified in
s. 48.38 (5) (c) and determine whether an extension of the child's placement is in the best interests of the child and whether the child and the parent or guardian of the child consent to the extension. If the independent reviewing agency determines that the extension is in the best interests of the child and that the child and the parent or guardian of the child consent to the extension, the independent reviewing agency shall approve, in writing, an extension of the placement for a specified period of time not to exceed 6 months, stating the reason for the approval, and the agency that placed the child or that arranged the placement of the child may extend the child's placement for the period of time approved. If the independent reviewing agency determines that the extension is not in the best interests of the child or that the child and the parent or guardian of the child do not consent to the extension, the independent reviewing agency shall, in writing, disapprove an extension of the placement, stating the reason for the disapproval, and the agency that placed the child or that arranged the placement of the child may not extend the placement of the child past the expiration date of the voluntary placement unless the agency obtains a court order placing the child in the group home after the expiration date of the voluntary placement. Notwithstanding the approval of an extension under this subdivision, the child or the parent or guardian of the child may terminate the placement at any time during the extension period.
48.63(5)(d)6.
6. Within 30 days after the review, the agency that prepared the revised permanency plan or plans shall prepare a written summary of the determinations specified in
s. 48.38 (5) (c) that were made under
subd. 5. and shall provide a copy of that summary to the independent reviewing agency, the child, the parent, guardian, and legal custodian of the child, and the operator of the group home in which the child was placed.
48.64
48.64
Placement of children in foster homes, treatment foster homes and group homes. 48.64(1)
(1)
Definition. In this section, "agency" means the department of health and family services, the department of corrections, a county department or a licensed child welfare agency authorized to place children in foster homes, treatment foster homes, or group homes.
48.64(1m)
(1m) Foster home, treatment foster home and group home agreements. If an agency places a child in a foster home, treatment foster home or group home under a court order or voluntary agreement under
s. 48.63, the agency shall enter into a written agreement with the head of the home. The agreement shall provide that the agency shall have access at all times to the child and the home, and that the child will be released to the agency whenever, in the opinion of the agency placing the child or the department, the best interests of the child require it. If a child has been in a foster home, treatment foster home or group home for 6 months or more, the agency shall give the head of the home written notice of intent to remove the child, stating the reasons for the removal. The child may not be removed before completion of the hearing under
sub. (4) (a) or
(c), if requested, or 30 days after the receipt of the notice, whichever is later, unless the safety of the child requires it or, in a case in which the reason for removal is to place the child for adoption under
s. 48.833, unless all of the persons who have the right to request a hearing under
sub. (4) (a) or
(c) sign written waivers of objection to the proposed removal. If the safety of the child requires earlier removal,
s. 48.19 shall apply. If an agency removes a child from an adoptive placement, the head of the home shall have no claim against the placing agency for the expense of care, clothing or medical treatment.
48.64(1r)
(1r) Notification of school district. When an agency places a school-age child in a foster home, a treatment foster home or a group home, the agency shall notify the clerk of the school district in which the foster home, treatment foster home or group home is located that a school-age child has been placed in a foster home, treatment foster home or group home in the school district.
48.64(2)
(2) Supervision of foster home, treatment foster home and group home placements. Every child in a foster home, treatment foster home or group home shall be under the supervision of an agency.
48.64(4)
(4) Orders affecting the head of a home or the children. 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 Cross-reference
Cross Reference: See also ch.
HFS 57, Wis. adm. code.
48.64 Annotation
Foster parents' rights were violated by the department's failure to give mandatory written notice under sub. (1), [now (1m)] but, since adoptive placement was found to be in the children's best interest, the foster parents' rights were subordinated to the paramount interest of the children. In matter of Z.
81 Wis. 2d 194,
260 N.W.2d 246 (1977).
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 when placement of the child cannot be affected by the hearing outcome. Bingenheimer v. DHSS,
129 Wis. 2d 100,
383 N.W.2d 898 (1986).
48.64 Annotation
Sub. (4) (a) requires a hearing when an adoption agency removes a child from an adoptive placement within 6 months. Thelen v. DHSS,
143 Wis. 2d 574,
422 N.W.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 Wis. 2d 140,
555 N.W.2d 630 (1996). See also Estate of Cooper v. Milwaukee County,
103 F. Supp. 2d 1124 (2000)
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 Wis. 2d 694,
570 N.W.2d 46 (Ct. App. 1997).
48.64 Annotation
Sallie T. does not require that the trial court be blind to events preceding the most recent dispositional order. Constitutional protections of a parent's right to his or her child do not prevent the application of the best interests of the child standard as the central focus of determining where the child shall live. "Best interests" and "safety" are not synonymous. Richard D. v. Rebecca G.
228 Wis. 2d 658,
599 N.W.2d 90 (Ct. App. 1999).
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 require a 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 Cross-reference
Cross Reference: See also chs.
HFS 45,
46, and
55, Wis. adm. code.
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, 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 (4m) (a) 1. to
5.
48.651 Cross-reference
Cross Reference: See also ch.
DWD 55, Wis. adm. code.
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 employee 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.
