48.60(2)(a)
(a) A relative, guardian, or person delegated care and custody of a child under
s. 48.979 who provides care and maintenance for such children.
48.60(2)(b)
(b) A bona fide educational institution whose pupils, in the ordinary course of events, return annually to the homes of their parents or guardians for not less than 2 months of summer vacation.
48.60(2)(d)
(d) A hospital or nursing home licensed, approved or supervised by the department.
48.60(2)(f)
(f) Institutions for mentally deficient children, which institutions have a full-time child population of not less than 150 children and which are subject to examination as provided in
s. 46.03 (5).
48.60(3)
(3) Before issuing or continuing any license to a child welfare agency under this section, the department shall review the need for the additional placement resources that would be made available by licensing or continuing the license of any child welfare agency after August 5, 1973, providing care authorized under
s. 48.61 (3). Neither the department nor the department of corrections may make any placements to any child welfare agency where the departmental review required under this subsection has failed to indicate the need for the additional placement resources.
48.60(4)(b)
(b) Notwithstanding
ss. 121.78 (3) (a) and
121.79 (1) (a), a child welfare agency shall pay for the costs incurred by a school district in providing special education and related services to a child with a disability who has been placed with the child welfare agency under the Interstate Compact on the Placement of Children under
s. 48.988 or the Interstate Compact for the Placement of Children under
s. 48.99.
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.
48.61
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 and licensed group homes as permitted under
s. 48.63 (1) (a), in shelter care facilities as permitted under
s. 48.63 (1) (b), and in the homes of guardians as permitted under
s. 48.977 (2).
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 in accordance with
s. 48.75 if licensed to do so.
48.61 Cross-reference
Cross-reference: See also ch.
DCF 54, Wis. adm. code.
48.615
48.615
Child welfare agency licensing fees. 48.615(1)(a)(a) Except as provided in
par. (e), 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) Except as provided in
par. (e), 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 group homes, shelter care facilities approved under
s. 938.22 (2) (c), and in the homes of guardians under
s. 48.977 (2), 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(1)(e)
(e) An individual who is eligible for a fee waiver under the veterans fee waiver program under
s. 45.44 is not required to pay the fee under
par. (a) or
(b) for a license under
s. 48.60 (1).
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
48.619
48.619
Definition. In this subchapter, "child" means a person under 18 years of age. For purposes of counting the number of children for whom a foster home or group home may provide care and maintenance, "child" also includes a person 18 years of age or over who resides in the foster home or group home, if any of the following applies:
48.619(1)
(1) The person is under 19 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete the program before reaching 19 years of age.
48.619(2)
(2) The person is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, and an individualized education program under
s. 115.787 is in effect for the person.
48.62
48.62
Licensing of foster homes; rates. 48.62(1)
(1) 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(2)
(2) A relative, a guardian of a child, or a person delegated care and custody of a child under
s. 48.979 who provides care and maintenance for the 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 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 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,
ch. 54, or ch.
880, 2003 stats., license the guardian's home as a 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,
ch. 54, or ch.
880, 2003 stats., who are licensed to operate 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, the department, county department, or child welfare agency shall notify the clerk of the school district in which the foster home is located that a foster home has been licensed in the school district.
48.62(4)
(4) Monthly payments in foster care shall be provided according to the rates specified in this subsection. Beginning on January 1, 2014, the rates are $226 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under
sub. (8) (a) and, for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than level one care, $375 for a child under 5 years of age; $410 for a child 5 to 11 years of age; $466 for a child 12 to 14 years of age; and $487 for a child 15 years of age or over. Beginning on January 1, 2015, the rates are $232 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under
sub. (8) (a) and, for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than level one care, $384 for a child under 5 years of age; $420 for a child 5 to 11 years of age; $478 for a child 12 to 14 years of age; and $499 for a child 15 years of age or over. In addition to these grants for basic maintenance, the department, county department, or licensed child welfare agency shall make supplemental payments for foster care to a foster home that is receiving an age-related rate under this subsection that are commensurate with the level of care that the foster home is certified to provide and the needs of the child who is placed in the foster home according to the rules promulgated by the department under
sub. (8) (c).
48.62(6)
(6) The department or a county department may recover an overpayment made under
sub. (4) from a foster parent who continues to receive those payments by reducing the amount of the foster parent's monthly payment. The department may by rule specify other methods for recovering those overpayments. A county department that recovers an overpayment under this subsection due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule.
48.62(7)
(7) In each federal fiscal year, the department shall ensure that there are no more than 2,200 children in foster care placements for more than 24 months, consistent with the best interests of each child. Services provided in connection with this requirement shall comply with the requirements under
P.L. 96-272.
48.62(8)
(8) The department shall promulgate rules relating to foster homes as follows:
48.62(8)(a)
(a) Rules providing levels of care that a foster home is licensed to provide. Those levels of care shall be based on the level of knowledge, skill, training, experience, and other qualifications that are required of the licensee, the level of responsibilities that are expected of the licensee, the needs of the children who are placed with the licensee, and any other requirements relating to the ability of the licensee to provide for those needs that the department may promulgate by rule.
48.62(8)(b)
(b) Rules establishing a standardized assessment tool to assess the needs of a child placed or to be placed outside the home, to determine the level of care that is required to meet those needs, and to place the child in a placement that meets those needs. A foster home that is certified to provide a given level of care under
par. (a) may provide foster care for any child whose needs are assessed to be at or below the level of care that the foster home is certified to provide. A foster home that is certified to provide a given level of care under
par. (a) may not provide foster care for any child whose needs are assessed to be above that level of care unless the department, county department, or child welfare agency issuing the foster home license determines that support or services sufficient to meet the child's needs are in place and grants an exception to that prohibition.
48.62(8)(c)
(c) Rules providing monthly rates of reimbursement for foster care that are commensurate with the level of care that the foster home is licensed to provide and the needs of the child who is placed in the foster home. Those rates shall include rates for supplemental payments for special needs, exceptional circumstances, and initial clothing allowances for children placed in a foster home that is receiving an age-related monthly rate under
sub. (4). In promulgating the rules under this paragraph, the department shall provide a mechanism for equalizing the amount of reimbursement received by a foster parent prior to the promulgation of those rules and the amount of reimbursement received by a foster parent under those rules so as to reduce the amount of any reimbursement that may be lost as a result of the implementation of those rules.
48.62(8)(d)
(d) Rules providing a monthly retainer fee for a foster home that agrees to maintain openings for emergency placements.
48.62(9)
(9) As soon as the department is ready to implement the rules promulgated under
sub. (8), the secretary shall send a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register that states the date on which the provisions of
2009 Wisconsin Act 28, relating to foster care levels of care will become effective.
48.62 History
History: 1977 c. 354 s.
101;
1977 c. 418,
447;
1981 c. 20;
1985 a. 29 s.
3202 (23);
1985 a. 176,
281,
332,
403;
1989 a. 31,
336;
1993 a. 395 ss.
31m,
39;
1993 a. 437 s.
67;
1993 a. 446 ss.
79 to
82,
134m;
1993 a. 491;
1995 a. 275;
1997 a. 27,
334;
1999 a. 9;
2001 a. 69;
2005 a. 25,
232,
387;
2007 a. 20 ss.
810,
1322,
1323;
2009 a. 28,
71;
2011 a. 32,
87;
2013 a. 20.
48.62 Cross-reference
Cross-reference: See also ch.
DCF 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.
48.623
48.623
Subsidized guardianships. 48.623(1)
(1)
Eligibility. A county department or, as provided in
sub. (3) (a), the department shall provide monthly subsidized guardianship payments in the amount specified in
sub. (3) (b) to a guardian of a child under
s. 48.977 (2) or under a substantially similar tribal law if the county department or department determines that the conditions specified in
pars. (a) to
(d) have been met. A county department or, as provided in
sub. (3) (a), the department shall also provide those payments for the care of a sibling of such a child, regardless of whether the sibling meets the conditions specified in
par. (a), if the county department or department and the guardian agree on the appropriateness of placing the sibling in the home of the guardian. A guardian of a child under
s. 48.977 (2) or under a substantially similar tribal law is eligible for monthly subsidized guardianship payments under this subsection if the county department or the department, whichever will be providing those payments, determines that all of the following apply:
48.623(1)(a)
(a) The child meets all of the following conditions:
48.623(1)(a)1.
1. The child has been removed from his or her home under a voluntary agreement under
s. 48.63 or under a substantially similar tribal law or under a court order containing a finding that continued placement of the child in his or her home would be contrary to the welfare of the child.
48.623(1)(a)2.
2. The child has been residing in the home of the guardian for not less than 6 consecutive months.
48.623(1)(a)3.
3. The child's situation precludes return of the child to his or her home or adoption as appropriate permanency options for the child.
48.623(1)(a)4.
4. The child demonstrates a strong attachment to the guardian.
48.623(1)(a)5.
5. If the child is 14 years of age or over, the child has been consulted with regarding the guardianship arrangement.
48.623(1)(b)
(b) The guardian meets all of the following conditions:
48.623(1)(b)1.
1. The guardian is a relative of the child or is a person who has a significant emotional relationship with the child and who, prior to the child's placement in out-of-home care, had an existing relationship with the child that is similar to a familial relationship.
48.623(1)(b)2.
2. The guardian has a strong commitment to caring permanently for the child.
48.623(1)(b)3.
3. The guardian is licensed as the child's foster parent and the guardian and all adults residing in the guardian's home meet the requirements specified in
s. 48.685.
48.623(1)(b)5.
5. Prior to being named as the guardian of the child, the guardian entered into a subsidized guardianship agreement under
sub. (2) with the county department or department.
48.623(1)(c)
(c) An order under
s. 48.345,
48.357,
48.363,
48.365,
938.345,
938.357,
938.363, or
938.365 placing the child, or continuing the placement of the child, outside of the child's home has been terminated, or any proceeding in which the child has been adjudged to be in need of protection or services specified in
s. 48.977 (2) (a) has been dismissed, as provided in
s. 48.977 (3r).
48.623(1)(d)
(d) If the county department or department knows or has reason to know that the child is an Indian child, the Indian child's parent, Indian custodian, and tribe have been provided with notice of the child's placement in the home of the guardian under
s. 48.977 (4) (c) 2m. and the court has found under
s. 48.977 (4) (g) 4. that the home of the guardian is in compliance with the order of placement preference under
s. 48.028 (7) (b) or, if applicable,
s. 48.028 (7) (c), unless the court found good cause, as described in
s. 48.028 (7) (e), for departing from that order.
48.623(2)
(2) Subsidized guardianship agreement. Before a county department or the department may approve the provision of subsidized guardianship payments under
sub. (1) to a proposed guardian, the county department or department shall negotiate and enter into a written, binding subsidized guardianship agreement with the proposed guardian and provide the proposed guardian with a copy of the agreement. A subsidized guardianship agreement shall specify all of the following:
48.623(2)(a)
(a) The amount of the monthly subsidized guardianship payments that will be provided under the agreement and the manner in which those payments may be adjusted periodically, in consultation with the guardian, based on the circumstances of the guardian and the needs of the child.
48.623(2)(b)
(b) Any additional services and assistance for which the child or guardian will be eligible under the agreement, a description of those additional services and that additional assistance, and the procedures by which the guardian may apply for those additional services and that additional assistance.
48.623(2)(c)
(c) That the county department or department will pay the total cost of the nonrecurring expenses that are associated with obtaining guardianship of the child, not to exceed $2,000.
48.623(2)(d)
(d) That the agreement shall remain in effect without regard to the state of residence of the guardian.
48.623(2)(e)
(e) That, in determining eligibility for adoption assistance under
s. 48.975 and
42 USC 673 for the care of the child, the placement of the child in the home of the guardian and any payments made under
sub. (1) shall be considered never to have been made.
48.623(3)(a)(a) Except as provided in this paragraph, the county department shall provide the monthly payments under
sub. (1) or
(6). The county department shall provide those payments from moneys received under
s. 48.48 (8p) or
48.569 (1) (d). In a county having a population of 750,000 or more or in the circumstances specified in
s. 48.43 (7) (a) or
48.485 (1), the department shall provide the monthly payments under
sub. (1) or
(6). The department shall provide those payments from the appropriations under
s. 20.437 (1) (dd) and
(pd).
48.623(3)(b)
(b) The county department or, as provided in
par. (a), the department shall determine the initial amount of a monthly payment under
sub. (1) or
(6) for the care of a child based on the circumstances of the guardian and the needs of the child. That amount may not exceed the amount received under
s. 48.62 (4) by the guardian of the child for the month immediately preceding the month in which the guardianship order was granted. A guardian or an interim caretaker who receives a monthly payment under
sub. (1) or
(6) for the care of a child is not eligible to receive a payment under
s. 48.57 (3m) or
(3n) or
48.62 (4) for the care of that child.
48.623(3)(c)1.1. If a person who is receiving monthly subsidized guardianship payments under an agreement under
sub. (2) believes that there has been a substantial change in circumstances, as defined by the department by rule promulgated under
sub. (7) (a), he or she may request that the agreement be amended to increase the amount of those payments. If a request is received under this subdivision, the county department or department shall determine whether there has been a substantial change in circumstances and whether there has been a substantiated report of abuse or neglect of the child by the person receiving those payments. If there has been a substantial change in circumstances and if there has been no substantiated report of abuse or neglect of the child by that person, the county department or department shall offer to increase the amount of those payments based on criteria established by the department by rule promulgated under
sub. (7) (b). If an increased monthly subsidized guardianship payment is agreed to by the person receiving those payments, the county department or department shall amend the agreement in writing to specify the increased amount of those payments.
48.623(3)(c)2.
2. Annually, a county department or the department shall review an agreement that has been amended under
subd. 1. to determine whether the substantial change in circumstances that was the basis for amending the agreement continues to exist. If that substantial change in circumstances continues to exist, the agreement, as amended, shall remain in effect. If that substantial change in circumstances no longer exists, the county department or department shall offer to decrease the amount of the monthly subsidized guardianship payments provided under
sub. (1) based on criteria established by the department under
sub. (7) (c). If the decreased amount of those payments is agreed to by the person receiving those payments, the county department or department shall amend the agreement in writing to specify the decreased amount of those payments. If the decreased amount of those payments is not agreed to by the person receiving those payments, that person may appeal the decision of the county department or department regarding the decrease under
sub. (5).
48.623(3)(c)3.
3. A county department or the department may propose to a person receiving monthly subsidized guardianship payments that the agreement under
sub. (2) (b) be amended to adjust the amount of those payments. If an adjustment in the amount of those payments is agreed to by the person receiving those payments, the agreement shall be amended in writing to specify the adjusted amount of those payments.
