Effective date text
1. Parenting skills, including child development; infant care, if appropriate; the effects of trauma on children; communicating with children in an age-appropriate manner; and recognizing issues such as drug use or addiction or attachment disorder.
Effective date text
2. For foster parents caring for children 11 years of age or older, teaching and encouraging independent living skills, including budgeting, health and nutrition, and other skills to promote the child's long-term economic independence and well-being.
Effective date text
3. Issues that may confront the foster parents, in general, and that may confront the foster parents of children with special needs.
Effective date text
4. Child abuse and neglect prevention.
Effective date text
5. The proper use of foster care payments.
Effective date text
6. The availability of resources for foster parents in the local community.
Effective date text
7. Other topics, as determined by the department.
Effective date text
(b) The training under par. (a) shall be available to a kinship care relative, as defined in s. 48.40 (1m), upon request of the kinship care relative.
Effective date text
(c) For a foster parent receiving an initial license, the training under par. (a) shall be completed before the first child is placed with the foster parent.
48.67 History
History: 1975 c. 307;
1977 c. 29,
205,
271,
418,
447;
1979 c. 300;
1985 a. 176;
1993 a. 375,
446;
1995 a. 27 ss.
2599,
9116 (4),
9145 (1);
1997 a. 27;
2001 a. 16;
2005 a. 165;
2007 a. 104;
2009 a. 28,
180,
185,
336.
48.67 Cross-reference
Cross-reference: See also chs.
DCF 52,
56,
57,
59,
250,
251, and
252 Wis. adm. code.
48.675
48.675
Foster care education program. 48.675(1)
(1)
Development of program. The department shall develop a foster care education program to provide specialized training for persons operating family foster homes or treatment foster homes. Participation in the program shall be voluntary and shall be limited to persons operating foster homes or treatment foster homes licensed under
s. 48.62 and caring for children with special treatment needs.
Effective date note
NOTE: Sub. (1) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(1) Development of program. The department shall develop a foster care education program to provide specialized training for persons operating family foster homes. Participation in the program shall be voluntary and shall be limited to persons operating foster homes licensed under s. 48.62 and caring for children with special treatment needs.
48.675(2)
(2) Approval of programs. The department shall promulgate rules for approval of programs to meet the requirements of this section. Such programs may include, but need not be limited to: in-service training; workshops and seminars developed by the department or by county departments; seminars and courses offered through public or private education agencies; and workshops, seminars and courses pertaining to behavioral and developmental disabilities and to the development of mutual support services for foster parents and treatment foster parents. The department may approve programs under this subsection only after consideration of relevant factors including level of education, useful or necessary skills, location and other criteria as determined by the department.
Effective date note
NOTE: Sub. (2) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(2) Approval of programs. The department shall promulgate rules for approval of programs to meet the requirements of this section. Those programs may include in-service training; workshops and seminars developed by the department or by county departments; seminars and courses offered through public or private education agencies; and workshops, seminars, and courses pertaining to behavioral and developmental disabilities and to the development of mutual support services for foster parents. The department may approve programs under this subsection only after consideration of relevant factors including level of education, useful or necessary skills, location, and other criteria as determined by the department.
48.675(3)
(3) Support services. The department shall provide funds from the appropriation under
s. 20.437 (1) (a) to enable foster parents and treatment foster parents to attend education programs approved under
sub. (2) and shall promulgate rules concerning disbursement of the funds. Moneys disbursed under this subsection may be used for the following purposes:
Effective date note
NOTE: Sub. (3) (intro.) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(3) Support services. The department shall provide funds from the appropriation under s. 20.437 (1) (a) to enable foster parents to attend education programs approved under sub. (2) and shall promulgate rules concerning disbursement of the funds. Moneys disbursed under this subsection may be used for the following purposes:
48.675(3)(a)
(a) Care of residents of the foster home or treatment foster home during the time of participation in an education program.
Effective date note
NOTE: Par. (a) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(a) Care of residents of the foster home during the time of participation in an education program.
48.675(3)(b)
(b) Transportation to and from an education program.
48.675(3)(d)
(d) Specialized workshops, seminars, and courses pertaining to behavioral and developmental disabilities.
48.68
48.68
Investigation of applicant; issuing of license. 48.68(1)(1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license adopted by the department under
s. 48.67 and meets the requirements specified in
s. 48.685, if applicable. In determining whether to issue or continue a license, the department may consider any action by the applicant, or by an employee of the applicant, that constitutes a substantial failure by the applicant or employee to protect and promote the health, safety, and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under
s. 48.615 (1) (a) or
(b),
48.625 (2) (a),
48.65 (3) (a), or
938.22 (7) (b), the department shall issue a license under
s. 48.66 (1) (a) or, if applicable, a probationary license under
s. 48.69 or, if applicable, shall continue a license under
s. 48.66 (5). At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the monthly foster care rates and supplemental payments specified in
s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments, and the procedures for applying for supplemental payments.
48.68(2)
(2) Before continuing the license of any child welfare agency to operate a residential care center for children and youth or of any group home, the department shall consider all formal complaints filed under
s. 48.745 (2) and the disposition of each during the previous 2-year period.
48.68(3)
(3) Within 10 working days after receipt of an application for initial licensure of a child welfare agency to operate a residential care center for children and youth or of a group home, the department shall notify the city, town, or village planning commission, or other appropriate city, town, or village agency if there is no planning commission, of receipt of the application. The department shall request that the planning commission or agency send to the department, within 30 days, a description of any specific hazards that may affect the health and safety of the residents of the residential care center for children and youth or group home. No license may be issued to a child welfare agency to operate a residential care center for children and youth or to a group home until the 30-day period has expired or until the department receives the response of the planning commission or agency, whichever is sooner. In issuing a license the department shall give full consideration to such hazards determined by the planning commission or agency.
48.68(4)
(4) Prior to initial licensure of a residential care center for children and youth operated by a child welfare agency or of a group home, the applicant for licensure shall make a good faith effort to establish a community advisory committee consisting of representatives from the child welfare agency or proposed group home, the neighborhood in which the proposed residential care center for children and youth or group home will be located and a local unit of government. The community advisory committee shall provide a forum for communication for those persons interested in the proposed residential care center for children and youth or group home. Any committee established under this subsection shall continue in existence after licensure to make recommendations to the licensee regarding the impact of the residential care center for children and youth or group home on the neighborhood. The department shall determine compliance with this subsection both prior to and after initial licensure.
48.68 Cross-reference
Cross-reference: See also ch.
DCF 56, Wis. adm. code.
48.685
48.685
Criminal history and child abuse record search. 48.685(1)(ag)1.a.
a. A person who is, or is expected to be, an employee or contractor of an entity, who is or is expected to be under the control of the entity, as defined by the department by rule, and who has, or is expected to have, regular, direct contact with clients of the entity.
48.685(1)(ag)1.b.
b. A person who has, or is seeking, a license, certification or contract to operate an entity.
48.685(1)(ag)2.
2. "Caregiver" does not include a person who is certified as an emergency medical technician under
s. 256.15 if the person is employed, or seeking employment, as an emergency medical technician and does not include a person who is certified as a first responder under
s. 256.15 if the person is employed, or seeking employment, as a first responder.
48.685(1)(am)
(am) "Client" means a child who receives direct care or treatment services from an entity.
48.685(1)(ar)
(ar) "Contractor" means, with respect to an entity, a person, or that person's agent, who provides services to the entity under an express or implied contract or subcontract, including a person who has staff privileges at the entity.
48.685(1)(av)
(av) "Direct contact" means face-to-face physical proximity to a client that affords the opportunity to commit abuse or neglect of a client or to misappropriate the property of a client.
48.685(1)(b)
(b) "Entity" means a child welfare agency that is licensed under
s. 48.60 to provide care and maintenance for children, to place children for adoption, or to license foster homes or treatment foster homes; a foster home or treatment foster home that is licensed under
s. 48.62; a group home that is licensed under
s. 48.625; a shelter care facility that is licensed under
s. 938.22; a child care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14); a child care provider that is certified under
s. 48.651; or a temporary employment agency that provides caregivers to another entity.
Effective date note
NOTE: Par. (b) is repealed and recreated by
2009 Wis. Act 185 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(b) "Entity" means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption, or to license foster homes; a foster home that is licensed under s. 48.62; a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); a child care provider that is certified under s. 48.651; or a temporary employment agency that provides caregivers to another entity.
48.685(1)(bm)
(bm) "Nonclient resident" means a person who resides, or is expected to reside, at an entity, who is not a client of the entity and who has, or is expected to have, regular, direct contact with clients of the entity.
48.685(1)(br)
(br) "Reservation" means land in this state within the boundaries of a reservation of a tribe or within the bureau of Indian affairs service area for the Ho-Chunk Nation.
48.685(1)(c)
(c) "Serious crime" means any of the following:
48.685(1)(c)2.
2. A violation of
s. 940.01,
940.02,
940.03,
940.05,
940.12,
940.19 (2),
(4),
(5) or
(6),
940.22 (2) or
(3),
940.225 (1),
(2) or
(3),
940.285 (2),
940.29,
940.295,
942.09 (2),
948.02 (1) or
(2),
948.025,
948.03 (2),
948.05,
948.051,
948.055,
948.06,
948.07,
948.08,
948.085,
948.11 (2) (a) or
(am),
948.12,
948.13,
948.21 (1),
948.30, or
948.53.
48.685(1)(c)3m.
3m. For purposes of licensing a person to operate a day [child] care center under
s. 48.65, certifying a day [child] care provider under
s. 48.651, or contracting with a person under
s. 120.13 (14) to operate a day [child] care center, or of permitting a person to be a caregiver or nonclient resident of such a day [child] care center or day [child] care provider, any violation listed in
subds. 1. to
3. or
sub. (5) (br) 1. to
7.
48.685 Note
NOTE: The correct term is shown in brackets.
2009 Wis. Act 76 created subd. 3m. with the references to "day care" and
2009 Wis. Act 185 changed other references from "day care" to "child care" without taking Act 76 into account. Corrective legislation is pending.
48.685(1)(c)4.
4. A violation of the law of any other state or United States jurisdiction that would be a violation listed in
subd. 1.,
2.,,
3., or
3m. if committed in this state.
48.685(2)(am)(am) The department, a county department, an agency contracted with under
s. 48.651 (2), a child welfare agency, or a school board shall obtain all of the following with respect to a caregiver specified in
sub. (1) (ag) 1. b., a nonclient resident of an entity, and a person under 18 years of age, but not under 12 years of age, who is a caregiver of a child care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14) or of a child care provider that is certified under
s. 48.651:
48.685 Note
NOTE: Par. (am) (intro.) is shown as affected by 2 acts of the 2009 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i).
48.685(2)(am)1.
1. A criminal history search from the records maintained by the department of justice.
48.685(2)(am)3.
3. Information maintained by the department of regulation and licensing regarding the status of the person's credentials, if applicable.
48.685(2)(am)4.
4. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.
48.685(2)(am)5.
5. Information maintained by the department of health services under this section and under
ss. 48.651 (2m),
48.75 (1m), and
120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification, or a contract to operate an entity for a reason specified in
sub. (4m) (a) 1. to
5. and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity for a reason specified in
sub. (4m) (b) 1. to
5. If the information obtained under this subdivision indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment, or permission to reside as described in this subdivision, the department, a county department, an agency contracted with under
s. 48.651 (2), a child welfare agency, or a school board need not obtain the information specified in
subds. 1. to
4.
48.685(2)(ar)
(ar) In addition to obtaining the information specified in
par. (am) with respect to a person who has, or is seeking, a license to operate a day [child] care center under
s. 48.65, certification as a day [child] care provider under
s. 48.651, or a contract under
s. 120.13 (14) to operate a day [child] care center, a nonclient resident of such an entity, or a person under 18 years of age, but not under 12 years of age, who is a caregiver of such an entity, the department, a county department, an agency contracted with under
s. 48.651 (2), or a school board shall obtain information that is contained in the sex offender registry under
s. 301.45 regarding whether the person has committed a sex offense that is a serious crime.
48.685 Note
NOTE: The correct term is shown in brackets.
2009 Wis. Act 76 created par. (ar) with the references to "day care" and
2009 Wis. Act 185 changed other references from "day care" to "child care" without taking Act 76 into account. Corrective legislation is pending.
48.685(2)(b)1.a.
a. A criminal history search from the records maintained by the department of justice.
48.685(2)(b)1.c.
c. Information maintained by the department of regulation and licensing regarding the status of the person's credentials, if applicable.
48.685(2)(b)1.d.
d. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.
48.685(2)(b)1.e.
e. Information maintained by the department of health services under this section and under
ss. 48.651 (2m),
48.75 (1m), and
120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification, or a contract to operate an entity for a reason specified in
sub. (4m) (a) 1. to
5. and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity for a reason specified in
sub. (4m) (b) 1. to
5. If the information obtained under this
subd. 1. e. indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment, or permission to reside as described in this
subd. 1. e., the entity need not obtain the information specified in
subd. 1. a. to
d.
48.685(2)(b)2.
2. In addition to obtaining the information specified in
subd. 1. with respect to a caregiver specified in
sub. (1) (ag) 1. a. of a day [child] care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14) or of a day [child] care provider that is certified under
s. 48.651, the day [child] care center or day [child] care provider shall obtain information that is contained in the sex offender registry under
s. 301.45 regarding whether the person has committed a sex offense that is a serious crime.
48.685 Note
NOTE: The correct term is shown in brackets.
2009 Wis. Act 76 created subd. 2. with the references to "day care" and
2009 Wis. Act 185 changed other references from "day care" to "child care" without taking Act 76 into account. Corrective legislation is pending.
48.685(2)(b)4.
4. Subdivisions 1. and
2. do not apply with respect to a nonclient resident or person under 18 years of age, but not under 12 years of age, who is a caregiver of a child care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14) or of a child care provider that is certified under
s. 48.651 and with respect to whom the department, a county department, an agency contracted with under
s. 48.651 (2), or a school board is required under
par. (am) (intro.) to obtain the information specified in
par. (am) 1. to
5.
48.685 Note
NOTE: Subd. 4. is shown as affected by 2 acts of the 2009 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i).
48.685(2)(bb)
(bb) If information obtained under
par. (am) or
(b) 1. indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department, county department, agency contracted with under
s. 48.651 (2), child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under
sub. (6) (a) or
(am) indicates a charge or a conviction of a serious crime, but information obtained under
par. (am) or
(b) 1. does not indicate such a charge or conviction, the department, county department, agency contracted with under
s. 48.651 (2), child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under
par. (am) or
(b) 1., a background information form under
sub. (6) (a) or
(am), or any other information indicates a conviction of a violation of
s. 940.19 (1),
940.195,
940.20,
941.30,
942.08,
947.01, or
947.013 obtained not more than 5 years before the date on which that information was obtained, the department, county department, agency contracted with under
s. 48.651 (2), child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.
48.685(2)(bd)
(bd) Notwithstanding
pars. (am) and
(b) 1., the department, a county department, an agency contracted with under
s. 48.651 (2), a child welfare agency, or a school board is not required to obtain the information specified in
par. (am) 1. to
5., and an entity is not required to obtain the information specified in
par. (b) 1. a. to
e., with respect to a person under 18 years of age whose background information form under
sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with, or permitted to reside at an entity for a reason specified in
sub. (4m) (b) 1. to
5. and with respect to whom the department, county department, contracted agency, child welfare agency, school board, or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with, or permitted to reside at an entity for any of those reasons. This paragraph does not preclude the department, a county department, an agency contracted with under
s. 48.651 (2), a child welfare agency, or a school board from obtaining, at its discretion, the information specified in
par. (am) 1. to
5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.
48.685(2)(bg)
(bg) If an entity employs or contracts with a caregiver for whom, within the last year, the information required under
par. (b) 1. a. to
c. and
e. has already been obtained by another entity, the entity may obtain that information from that other entity, which shall provide the information, if possible, to the requesting entity. If an entity cannot obtain the information required under
par. (b) 1. a. to
c. and
e. from another entity or if an entity has reasonable grounds to believe that any information obtained from another entity is no longer accurate, the entity shall obtain that information from the sources specified in
par. (b) 1. a. to
c. and
e.
48.685(2)(bm)
(bm) If the person who is the subject of the search under
par. (am),
(ar), or
(b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, or if the department, county department, agency contracted with under
s. 48.651 (2), child welfare agency, school board, or entity determines that the person's employment, licensing, or state court records provide a reasonable basis for further investigation, the department, county department, contracted agency, child welfare agency, school board, or entity shall make a good faith effort to obtain from any state or other United States jurisdiction in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in
par. (am) 1.,
(ar), or
(b) 1. a. The department, county department, contracted agency, child welfare agency, school board, or entity may require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.
48.685(2)(c)1.1. If the person who is the subject of the search under
par. (am) is seeking an initial license to operate a foster home or treatment foster home or is seeking relicensure after a break in licensure, the department, county department, or child welfare agency shall request under
42 USC 16962 (b) a fingerprint-based check of the national crime information databases, as defined in
28 USC 534 (f) (3) (A). The department, county department, or child welfare agency may release any information obtained under this subdivision only as permitted under
42 USC 16962 (e).
Effective date note
NOTE: Subd. 1. is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
1. If the person who is the subject of the search under par. (am) is seeking an initial license to operate a foster home or is seeking relicensure after a break in licensure, the department, county department, or child welfare agency shall request under 42 USC 16962 (b) a fingerprint-based check of the national crime information databases, as defined in 28 USC 534 (f) (3) (A). The department, county department, or child welfare agency may release any information obtained under this subdivision only as permitted under 42 USC 16962 (e).
48.685(2)(c)2.
2. If the person who is the subject of the search under
par. (am) is seeking a license to operate a foster home or treatment foster home or is an adult nonclient resident of the foster home or treatment foster home and if the person is not, or at any time within the 5 years preceding the date of the search has not been, a resident of this state, the department, county department, or child welfare agency shall check any child abuse or neglect registry maintained by any state or other U.S. jurisdiction in which the person is a resident or was a resident within those 5 years for information that is equivalent to the information specified in
par. (am) 4. The department, county department, or child welfare agency may not use any information obtained under this subdivision for any purpose other than a search of the person's background under
par. (am).
Effective date note
NOTE: Subd. 2. is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
