48.64(1m)
(1m) Out-of-home care agreements. If an agency places a child in a foster home or group home or in the home of a relative other than a parent under a court order or places a child in a foster home, group home, or shelter care facility approved under s.
938.22 (2) (c) under a voluntary agreement under s.
48.63, the agency shall enter into a written agreement with the head of the home or facility. The agreement shall provide that the agency shall have access at all times to the child and the home or facility, 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 release to the agency. If a child has been in a foster home or group home or in the home of a relative other than a parent 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 from a foster home, group home, or home of a relative other than a parent 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 applies. 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 and school. When an agency places a school-age child in out-of-home care, the agency shall give notification of the out-of-home care placement to the school district in which the child has been placed and the school in which the child will enroll after the placement is made, unless the child will remain enrolled in his or her school and school district of origin. If the child will remain enrolled in his or her school and school district of origin, the agency shall give notification of the out-of-home care placement to the child's school district and school of origin. The notice to the child's school district and school shall also include the name and contact information for the caseworker or social worker assigned to the child's case.
48.64(2)
(2) Supervision of out-of-home care placements. Every child who is placed in a foster home, group home, or shelter care facility approved under s.
938.22 (2) (c) shall be under the supervision of an agency. Every child who is placed in the home of a relative other than a parent under a court order shall be under the supervision of an agency.
48.64(4)
(4) Orders affecting the head of home or the children. 48.64(4)(a)(a) Except as provided in par.
(d), any decision or order issued by an agency that affects the head of a foster home or group home, the head of the home of a relative other than a parent in which a child is placed, or the child involved may be appealed to the department under fair hearing procedures established under rules promulgated by the department. Upon receipt of an appeal, the department shall give the head of the home reasonable notice and an opportunity for a fair hearing. The department may make any additional investigation that 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 paragraph, 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 an 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) Except as provided in par.
(d), the circuit court for the county where the dispositional order placing a child in a foster home or group home or in the home of a relative other than a parent was entered or the voluntary agreement under s.
48.63 placing a child in a foster home or group home was made has jurisdiction upon petition of any interested party over the child who is placed in the foster home, group home, or home of the relative. 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 or in the home of a relative other than a parent, the foster parent or relative may present relevant evidence at the hearing. The petitioner has the burden of proving by clear and convincing evidence that the decision or order issued by the agency is not in the best interests of the child.
48.64(4)(d)
(d) No decision or order to change the placement of a child who is in out-of-home care under a voluntary transition-to-independent-living agreement under s.
48.366 (3) or
938.366 (3) may be appealed to the department under par.
(a) or reviewed by the circuit court under par.
(c).
48.64 History
History: 1971 c. 40;
1973 c. 328;
1977 c. 271,
354,
418,
447,
449;
1985 a. 176;
1985 a. 292 s.
3;
1985 a. 332;
1989 a. 31,
107;
1993 a. 395,
446,
491;
1995 a. 27 ss.
2595,
9126 (19);
1997 a. 104;
2001 a. 69;
2005 a. 293;
2007 a. 20;
2009 a. 28,
81;
2013 a. 334,
335;
2017 a. 251.
48.64 Cross-reference
Cross-reference: See also ch.
DCF 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),
94-1081. 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 DHHS,
212 Wis. 2d 694,
570 N.W.2d 46 (Ct. App. 1997),
96-3147.
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),
99-0433.
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.
48.64 Annotation
In the Best Interest of Children: When Foster Parents May Keep Placement. Neary. Wis. Law. Sept. 2007.
48.645
48.645
Foster care aid. 48.645(1)(1)
Definition. In this section, “dependent child" means a child under the age of 18 or, if the child 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, is under the age of 19, or, if the child is a full-time student at a secondary school or its vocational or technical equivalent for whom an individualized educational program under s.
115.787 is in effect, is under 21 years of age, who meets all of the following conditions:
48.645(1)(a)
(a) The child is living in a foster home licensed under s.
48.62 if a license is required under that section, in a foster home located within the boundaries of a reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s.
48.625, in a subsidized guardianship home under s.
48.623, in a residential care center for children and youth licensed under s.
48.60, or in a supervised independent living arrangement and has been placed in that home, center, or arrangement by a county department under s.
46.215,
46.22, or
46.23, by the department, or by a governing body of an Indian tribe in this state under an agreement with a county department under s.
46.215,
46.22, or
46.23.
48.645(2)(a)
(a) The department or a county department under s.
46.215,
46.22 or
46.23 shall grant aid on behalf of a dependent child to any of the following:
48.645(2)(a)1.
1. A nonrelative who cares for the dependent child in a foster home having a license under s.
48.62, in a foster home located within the boundaries of a reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s.
48.625, a subsidized guardian or interim caretaker under s.
48.623 who cares for the dependent child, or a minor custodial parent who cares for the dependent child, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s.
48.569 (2) and the percentage rate of participation set forth in s.
48.569 (1) (d) for aid granted under this section except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100 percent. The county department under s.
46.215,
46.22, or
46.23 or the department under s.
48.48 (17) shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.
48.645(2)(a)2.
2. A county or, in a county having a population of 750,000 or more, the department, on behalf of a child in the legal custody of a county department under s.
46.215,
46.22, or
46.23 or the department under s.
48.48 (17) or on behalf of a child who was removed from the home of a relative as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason when the child is placed in a licensed residential care center for children and youth by the county department or the department. Reimbursement shall be made by the state as provided in subd.
1. 48.645(2)(a)3.
3. A county or, in a county having a population of 750,000 or more, the department, when the child is placed in a licensed foster home, group home, or residential care center for children and youth, in a subsidized guardianship home, or in a supervised independent living arrangement by a licensed child welfare agency or by a governing body of an Indian tribe in this state or by its designee, if the child is in the legal custody of the county department under s.
46.215,
46.22, or
46.23 or the department under s.
48.48 (17) or if the child was removed from the home of a relative as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made under an agreement with the county department or the department.
48.645(2)(a)4.
4. A licensed foster home, group home, or residential care center for children and youth or a subsidized guardianship home when the child is in the custody or guardianship of the state, when the child is a ward of a tribal court in this state and the placement is made under an agreement between the department and the governing body of the Indian tribe of the tribal court, or when the child was part of the state's direct service case load and was removed from the home of a relative as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department.
48.645(2)(b)
(b) Notwithstanding par.
(a), aid under this section may not be granted for placement of a child in a foster home licensed by a governing body of an Indian tribe, for placement of a child in a foster home, group home, subsidized guardianship home, residential care center for children and youth, or supervised independent living arrangement by a governing body of an Indian tribe or its designee, or for the placement of a child who is a ward of a tribal court if the governing body of the Indian tribe of the tribal court is receiving or is eligible to receive funds from the federal government for that type of placement.
48.645(3)
(3) Assignment of support. When any person applies for or receives aid under this section, any right of the parent or any dependent child to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application and any right to amounts accruing during the time aid is paid under this section, is assigned to the state. If a minor who is a beneficiary of aid under this section is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving aid under this section, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the minor receiving aid under this section, except as otherwise ordered by the court on the motion of a party.
48.645 History
History: 2007 a. 20 ss.
894 to
903; Stats. 2007 s. 48.645;
2007 a. 97 s.
61;
2009 a. 28,
94,
180;
2011 a. 32;
2013 a. 20,
334.
48.647
48.647
Second-chance homes. 48.647(1)(ad)
(ad) “Cultural competency" means the ability of an individual or private agency to understand and act respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes, and behaviors of persons and families of various cultures, including persons and families of various cultures who participate in services from the individual or private agency and persons of various cultures who provide services for the individual or private agency.
48.647(1)(ag)
(ag) “Eligible person" means a person 14 years of age or over, but under 21 years of age, who is a custodial parent, as defined in s.
49.141 (1) (b), or an expectant mother, has an income, not including the income of the person's parent, guardian, or legal custodian, that is at or below 200 percent of the poverty line, as defined in s.
49.001 (5), and who, at the time of referral for services under a program funded under this section, meets any of the following requirements:
48.647(1)(ag)1.
1. Is a child and is homeless, receiving inadequate care, living in an unsafe or unstable living environment, or otherwise in need of a safe and structured living arrangement.
48.647(1)(ag)2.
2. Is a child and meets one or more of the criteria specified in s.
48.13,
938.12, or
938.13 or would be at risk of meeting one or more of those criteria if the child were not placed in a 2nd-chance home.
48.647(1)(b)
(b) “Private agency" means an organization operated for profit or a nonstock corporation organized under ch.
181 that is a nonprofit corporation, as defined in s.
181.0103 (17).
48.647(2)(a)
(a) From the appropriation under s.
20.437 (1) (f), the department shall distribute not more than $0 in each fiscal year as grants to private agencies to provide 2nd-chance homes and related services to eligible persons who are placed under s.
48.63 (5) in 2nd-chance homes operated by those private agencies. A private agency that is awarded a grant under this paragraph may use the amount awarded under the grant to provide care and maintenance to eligible persons who are placed under s.
48.63 (5) in a 2nd-chance home operated by the private agency; provide services, including the services specified in sub.
(3), to eligible persons who currently are or formerly were placed under s.
48.63 (5) in the 2nd-chance home, to the children and families of those eligible persons, and to the noncustodial parents of the children of those eligible persons; and, in the first year of the grant period, pay for the start-up costs, other than capital costs, of the private agency's program funded under this paragraph.
48.647(2)(b)
(b) The department shall award the grants under par.
(a) on a competitive basis and according to request-for-proposal procedures that the department shall prescribe in consultation with local health departments, as defined in s.
250.01 (4), and other providers of services to eligible persons. Those request-for-proposal procedures shall include a requirement that a private agency that applies for a grant under par.
(a) include in its grant application proof that the private agency has the cultural competency to provide services under the grant to persons and families in the various cultures in the private agency's target population and that cultural competency is incorporated in the private agency's policies, administration, and practices. In awarding the grants under par.
(a), the department shall consider the need for those grants to be distributed both on a statewide basis and in the areas of the state with the greatest need for 2nd-chance homes and the need to provide placements for children who are voluntarily placed in a 2nd-chance home as well as for children who are placed in a 2nd-chance home by court order.
48.647(2)(c)
(c) A private agency that is awarded a grant under par.
(a) shall contribute matching funds equal to 25 percent of the amount awarded under the grant. The match may be in the form of money or in the form of both money and in-kind services, but may not be in the form of in-kind services only.
48.647(2)(d)
(d) A private agency that is awarded a grant under par.
(a) may use no more than 15 percent of the amount awarded under the grant to pay for administrative costs associated with the program funded under the grant.
48.647(2)(e)
(e) A grant under par.
(a) shall be awarded for a 3-year period, except that annually the department shall review the performance of a private agency that is awarded a grant based on performance criteria that the department shall prescribe and may discontinue a grant to a private agency whose performance is not satisfactory to the department based on those criteria.
48.647(3)
(3) Program requirements. A private agency that receives a grant under sub.
(2) (a) shall do all of the following:
48.647(3)(a)
(a) Operate a 2nd-chance home for the care and maintenance of eligible persons who are children, as defined in s.
48.619.
48.647(3)(b)
(b) Maintain a community-wide network for referring eligible persons to the private agency's program funded under the grant.
48.647(3)(c)
(c) Ensure that an eligible person receiving services from the private agency's program funded under the grant is enrolled in a secondary school or its vocational or technical equivalent or in a college or technical college or is working, unless the director of the private agency determines that there is good cause for the eligible person not to be so enrolled or working.
48.647(3)(d)
(d) Ensure that an eligible person receiving services from the private agency's program is provided with intake, assessment, case planning, and case management services; skills development training in the areas of economic self-sufficiency, parenting, successful adult living, and life choice decision making; prenatal and other health care services, including, if necessary, mental health and alcohol and other drug abuse services; child care; and transportation.
48.647(4)
(4) Evaluation. From the appropriation under s.
20.437 (1) (f), the department shall conduct or shall select an evaluator to conduct an evaluation of the grant program under this section and, by June 1 of the 3rd calendar year beginning after the year in which the first grant under this section is awarded, shall submit a report on that evaluation to the governor and to the appropriate standing committees under s.
13.172 (3). The evaluation shall measure the economic self-sufficiency, parenting skills, successful adult living skills, and life choice decision-making skills of the eligible persons who received services under the program and any other criteria that the department determines to be appropriate for evaluation.
48.647 History
History: 2001 a. 69;
2003 a. 33;
2007 a. 20 ss.
1220 to
1229; Stats. 2007 s. 48.647;
2015 a. 128.
CHILD CARE PROVIDERS
48.65
48.65
Child 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 child care center from the department. To obtain a license under this subsection to operate a child 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.
48.686, 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 parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt of a child, whether by blood, marriage, or legal adoption, who provides care and supervision for the child.
48.65(2)(am)
(am) A guardian of a child who provides care and supervision for the child.
48.65(2)(b)
(b) A public or parochial school or a tribal school.
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) Except as provided in par.
(c), before the department may issue a license under sub.
(1) to a child care center that provides care and supervision for 4 to 8 children, the child care center must pay to the department a biennial fee of $60.50. Except as provided in par.
(c), before the department may issue a license under sub.
(1) to a child care center that provides care and supervision for 9 or more children, the child care center must pay to the department a biennial fee of $30.25, plus a biennial fee of $16.94 per child, based on the number of children that the child care center is licensed to serve. A child 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 child care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the child care center.
48.65(3)(b)
(b) A child 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 child care center that fails to pay the applicable fee under par.
(a) by 30 days before the opening of the child care center shall pay an additional fee of $5 per day for every day after the deadline that the child care center fails to pay the fee.
48.65(3)(c)
(c) An individual who is eligible for a fee waiver under the veterans fee waiver program under s.
45.44 is not required to pay a fee under par.
(a) for a license under sub.
(1).
48.65 Cross-reference
Cross-reference: See also chs.
DCF 250,
251, and
252, 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 child care providers. 48.651(1)(1)
Except as provided in s.
49.155 (4) (c), no person, other than a child care center licensed under s.
48.65 or established or contracted for under s.
120.13 (14), may receive payment for providing child care services for an individual who is determined eligible for a child care subsidy under s.
49.155 unless the person is certified, according to the standards adopted by the department under sub.
(1d), by the department in a county having a population of 750,000 or more, a county department, or an agency with which the department contracts under sub.
(2). To be certified under this section, a person must meet the minimum requirements for certification established by the department under sub.
(1d), meet the requirements specified in s.
48.686, and pay the fee specified in sub.
(2). The department in a county having a population of 750,000 or more, a county department, or an agency contracted with under sub.
(2) shall certify the following categories of child care providers:
48.651(1)(a)
(a) Level I certified family child care providers, as established by the department under sub.
(1d).
48.651(1)(b)
(b) Level II certified family child care providers, as established by the department under sub.
(1d).
48.651(1d)(a)(a) The department shall promulgate rules establishing standards for the certification of child care providers under sub.
(1). The department shall consult with the child abuse and neglect prevention board before promulgating those rules. In establishing the requirements under this paragraph for certification of a child care provider, the department shall include a requirement that all providers and all employees and volunteers of a provider who provide care and supervision for children receive the minimum health and safety training required under par.
(b).
48.651(1d)(b)1.1. A level I certified family child care provider shall successfully complete department-approved preservice health and safety training in the topics specified in subd.
1. a. to
j. by no later than the date of certification. A level II certified family child care provider or an employee or volunteer of a level I or level II certified family child care provider who is not the primary provider of care and supervision for children shall successfully complete department-approved preservice health and safety training in the topics specified in subd.
1. a. to
j. by no later than the end of the orientation period available under
42 USC 9858c (c) (2) (I) (i) (XI). The health and safety training required under this subdivision shall include training in all of the following topics:
48.651(1d)(b)1.a.
a. The prevention and control of infectious diseases, including by means of immunizations.
48.651(1d)(b)1.b.
b. The prevention of sudden infant death syndrome and use of safe sleeping practices.
48.651(1d)(b)1.c.
c. The administration of medication, consistent with parental consent.
48.651(1d)(b)1.d.
d. The prevention of and response to emergencies due to allergic reactions to food or other allergens.
48.651(1d)(b)1.e.
e. Building and physical premises safety, including identification of and protection from electrical hazards, bodies of water, vehicular traffic, and other hazards that can cause bodily injury.
48.651(1d)(b)1.g.
g. Emergency preparedness and response planning for emergencies resulting from natural disaster or human-caused events.
48.651(1d)(b)1.h.
h. The handling and storage of hazardous materials and the appropriate disposal of biocontaminants.
48.651(1d)(b)1.i.
i. If applicable, appropriate precautions in transporting children.
48.651(1d)(b)2.
2. A child care provider or employee or volunteer of a child care provider shall also complete ongoing in-service training on an annual basis including training on the topics listed under subd.
1. a. to
j.
