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.
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 employee 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)(a)(a) Except as provided in
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.
48.66(1)(b)
(b) Except as provided in
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. The department of corrections may also license not more than 5 county departments, as defined in
s. 938.02 (2g), or not more than 5 consortia of county departments to operate not more than 5 group homes that have been licensed under
par. (a) as secured group homes, as defined in
s. 938.02 (15p), for holding in secure custody juveniles who have been convicted under
s. 938.183 or adjudicated delinquent under
s. 938.183 or
938.34 (4m) and referred to the county department by the court and to provide supervision, care and maintenance for those juveniles.
48.66(1)(c)
(c) A license issued under
par. (a) or
(b), other than a license to operate a foster home, treatment foster home, secured child caring institution or secured group home, is valid until revoked or suspended. A license issued under this subsection to operate a foster home, treatment foster home, secured child caring institution or secured group home may be for any term not to exceed 2 years from the date of issuance. No license issued under
par. (a) or
(b) 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, other than an individual who does not have a social security number and who submits a statement made or subscribed under oath or affirmation as required under
sub. (2m) (a) 2., 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)1.1. Except as provided in
subd. 2., the department of health and family services shall require each applicant for a license under
sub. (1) (a) 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) (a) 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)(a)2.
2. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department of health and family services that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license issued in reliance upon a false statement submitted under this subdivision is invalid.
48.66(2m)(am)1.1. Except as provided in
subd. 2., the department of corrections shall require each applicant for a license under
sub. (1) (b) 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)(am)2.
2. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department of corrections that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license issued in reliance upon a false statement submitted under this subdivision is invalid.
48.66(2m)(b)
(b) If an applicant who is an individual fails to provide the applicant's social security number to the department of health and family services or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to that department, that department may not issue or continue a license under
sub. (1) (a) to operate a child welfare agency, group home, shelter care facility or day care center to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under
par. (a) 2.
48.66(2m)(bm)
(bm) If an applicant who is an individual fails to provide the applicant's social security number to the department of corrections, that department may not issue or renew a license under
sub. (1) (b) to operate a secured child caring institution to or for the applicant unless the applicant does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under
par. (am) 2.
48.66(2m)(c)
(c) The department of health and family services may not disclose any information obtained under
par. (a) 1. 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) 1. 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;
1999 a. 9.
48.66 Cross-reference
Cross Reference: See also ch.
HFS 38, Wis. adm. code.
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. In establishing the minimum requirements for the issuance of licenses to day care centers that provide care and supervision for children under one year of age, the department shall include a requirement that all licensees who are individuals and all employees and volunteers of a licensee who provide care and supervision for children receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome.
