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) 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.
48.623(3)(d)
(d) The department or a county department may recover an overpayment made under sub.
(1) or
(6) from a guardian or interim caretaker who continues to receive those payments by reducing the amount of the person's monthly payment. The department may by rule specify other methods for recovering those overpayments. A county department that recovers an overpayment under this paragraph due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule.
48.623(4)
(4)
Annual review. A county department or the department shall review a placement of a child for which the county department or department makes payments under sub.
(1) not less than every 12 months after the county department or department begins making those payments to determine whether the child and the guardian remain eligible for those payments. If the child or the guardian is no longer eligible for those payments, the county department or department shall discontinue making those payments.
48.623(5)(a)(a) Any person whose application for payments under sub.
(1) is not acted on promptly or is denied on the grounds that a condition specified in sub.
(1) has not been met and any person whose payments under sub.
(1) are decreased under sub.
(3) (c) 2. or discontinued under sub.
(4) may petition the department under par.
(b) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.
48.623(5)(b)1.1. Upon receipt of a timely petition described in par.
(a) the department shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. That county department or subunit of the department may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision of the department shall have the same effect as an order of the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for review or shall refuse to grant relief if any of the following applies:
48.623(5)(b)1.b.
b. The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in state law.
48.623(5)(b)1.c.
c. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the department.
48.623(5)(b)2.
2. If a recipient requests a hearing within 10 days after the date of notice that his or her payments under sub.
(1) are being decreased or discontinued, those payments may not be decreased or discontinued until a decision is rendered after the hearing but payments made pending the hearing decision may be recovered by the department if the contested action or failure to act is upheld. The department shall promptly notify the county department or the subunit of the department whose action is the subject of the hearing that the recipient has requested a hearing. Payments under sub.
(1) shall be decreased or discontinued if the recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient's behalf.
48.623(5)(b)3.
3. The recipient shall be promptly informed in writing if his or her payments under sub.
(1) are to be decreased or discontinued pending the hearing decision.
48.623(6)
(6)
Interim caretaker; successor guardian. 48.623(6)(am)
(am) On the death, incapacity, resignation, or removal of a guardian receiving payments under sub.
(1), the county department or the department providing those payments shall provide monthly subsidized guardianship payments in the amount specified in sub.
(3) (b) for a period of up to 12 months to an interim caretaker if all of the following conditions are met:
48.623(6)(am)1.
1. The county department or department inspects the home of the interim caretaker, interviews the interim caretaker, and determines that placement of the child with the interim caretaker is in the best interests of the child. In the case of an Indian child, the best interests of the Indian child shall be determined in accordance with s.
48.01 (2).
48.623(6)(am)2.
2. The county department or department conducts a background investigation under s.
48.685 of the interim caretaker and any nonclient resident, as defined in s.
48.685 (1) (bm), of the home of the interim caretaker and determines that those individuals meet the requirements specified in s.
48.685. The county department or department shall provide the department of health services with information about each person who is denied monthly subsidized guardianship payments or permission to reside in the home of an interim caretaker for a reason specified in s.
48.685 (4m) (a) 1. to
5. or
(b) 1. to
5. 48.623(6)(am)3.
3. The interim caretaker cooperates with the county department or department in finding a permanent placement for the child.
48.623(6)(am)4.
4. If the county department or department knows or has reason to know that the child is an Indian child, the county department or department provides notice of the Indian child's placement in the home of the interim caretaker to the Indian child's parent, Indian custodian, and tribe and determines that the home of the interim caretaker complies with the order of placement preference under s.
48.028 (7) (b) or, if applicable, s.
48.028 (7) (c), unless the county department or department finds good cause, as described in s.
48.028 (7) (e), for departing from that order.
48.623(6)(bm)
(bm) On the death or incapacity of a guardian receiving payments under sub.
(1), the county department or the department providing those payments shall provide monthly subsidized guardianship payments in the amount specified in sub.
(3) (b) to a person named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement that was entered into before the death or incapacity of the guardian if all of the following conditions are met and the court appoints the person as successor guardian to assume the duty and authority of guardianship as provided in s.
48.977 (5m):
48.623(6)(bm)1.
1. The county department or department determines that the child, if 14 years of age or over, has been consulted with regarding the successor guardianship arrangement.
48.623(6)(bm)2.
2. The county department or department determines that the person has a strong commitment to caring permanently for the child.
48.623(6)(bm)3.
3. The county department or department inspects the home of the person, interviews the person, and determines that placement of the child with the person is in the best interests of the child. In the case of an Indian child, the best interests of the Indian child shall be determined in accordance with s.
48.01 (2).
48.623(6)(bm)4.
4. Prior to being appointed as successor guardian to assume the duty and authority of guardianship, the person enters into a subsidized guardianship agreement under sub.
(2) with the county department or department.
48.623(6)(bm)5.
5. Prior to the person entering into the subsidized guardianship agreement, the county department or department conducts a background investigation under s.
48.685 of the person and any nonclient resident, as defined in s.
48.685 (1) (bm), of the home of the person and determines that those individuals meet the requirements specified in s.
48.685. The county department or department shall provide the department of health services with information about each person who is denied monthly subsidized guardianship payments or permission to reside in the home of a person receiving those payments for a reason specified in s.
48.685 (4m) (a) 1. to
5. or
(b) 1. to
5. 48.623(6)(bm)6.
6. Any 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) (b).
48.623(6)(bm)7.
7. If the county department or department knows or has reason to know that the child is an Indian child, the county department or department provides notice of the Indian child's placement in the home of the person to the Indian child's parent, Indian custodian, and tribe and determines that the home of the person complies with the order of placement preference under s.
48.028 (7) (b) or, if applicable, s.
48.028 (7) (c), unless the county department or department finds good cause, as described in s.
48.028 (7) (e), for departing from that order.
48.623(7)
(7)
Rules. The department shall promulgate rules to implement this section. Those rules shall include all of the following:
48.623(7)(a)
(a) A rule defining the substantial change in circumstances under which a person receiving monthly subsidized guardianship payments under sub.
(1) may request that an agreement made under sub.
(2) be amended to increase the amount of those payments.
48.623(7)(b)
(b) Rules establishing requirements for submitting a request under sub.
(3) (c) 1. and criteria for determining the amount of the increase in monthly subsidized guardianship payments that a county department or the department shall offer 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 the person receiving those payments.
48.623(7)(c)
(c) Rules establishing the criteria for determining the amount of the decrease in monthly subsidized guardianship payments that the department shall offer under sub.
(3) (c) 2. if a substantial change in circumstances no longer exists. The criteria shall provide that the amount of the decrease offered by the department under sub.
(3) (c) 2. may not result in a monthly subsidized guardianship payment that is less than the initial monthly subsidized guardianship payment provided for the child under sub.
(1).
48.623(7)(d)
(d) Rules governing the provision of subsidized guardianship payments for the care of a child after the child attains 18 years of age.
48.623(7)(dm)
(dm) Rules establishing the conditions that must be met in order for a person specified in sub.
(1) (b) 1. c. to be eligible for monthly subsidized guardianship payments under sub.
(1).
48.623(7)(e)
(e) Rules governing the payment of monthly subsidized guardianship payments to a successor guardian of a child.
48.623 Cross-reference
Cross-reference: See also ch.
DCF 55, Wis. adm. code.
48.625
48.625
Licensing of group homes; fees. 48.625(1)(1)
Any person who receives, with or without transfer of legal custody, 5 to 8 children, not including children who under sub.
(1m) are not counted toward that number, to provide care and maintenance for those children shall obtain a license to operate a group home from the department. To obtain a license under this subsection to operate a group home, a person must meet the determination of need requirement under sub.
(1g), 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.
(2). 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).
48.625(1g)
(1g) No person may apply for a license under sub.
(1) to operate a new group home or for an amendment to a license under sub.
(1) that would increase the bed capacity of an existing group home until the department has reviewed the need for the additional placement resources that would be made available by the issuance or amendment of the license and has certified in writing that a need exists for the proposed additional placement resources. The department shall promulgate rules to implement this subsection.
48.625(1m)
(1m) The department may issue a license under sub.
(1) authorizing a group home solely to provide a safe and structured living arrangement for children 12 years of age or over who are custodial parents, as defined in s.
49.141 (1) (b), or expectant mothers and who are placed in the group home under s.
48.345 (3) (cm) or
938.34 (3) (cm) and for children 14 years of age or over who are custodial parents, as defined in s.
49.141 (1) (b), or expectant mothers and who are placed in the group home under voluntary agreements under s.
48.63 (5), and to provide those children with training in parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote the long-term economic independence of those children and the well-being of the children of those children. In licensing a group home described in this subsection, the department may not count toward the number of children whom the group home is licensed to serve the child of a child who is placed in the group home. The department shall promulgate rules establishing standards for a group home described in this subsection. Those rules shall require such a group home to provide for the health, safety, and welfare of the child of any child custodial parent who has been placed in that group home and to have a policy governing visitation between such a child and the child's noncustodial parent.
48.625(2)(a)(a) Except as provided in par.
(c), before the department may issue a license under sub.
(1) to a group home, the group home 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 group home is licensed to serve. A group home that wishes to continue a license issued under sub.
(1) shall pay the fee under this paragraph by the continuation date of the license. A new group home shall pay the fee under this paragraph no later than 30 days before the opening of the group home.
48.625(2)(b)
(b) A group home that wishes to continue a license issued under sub.
(1) and that fails to pay the fee under par.
(a) by the continuation date of the license or a new group home that fails to pay the fee under par.
(a) by 30 days before the opening of the group home shall pay an additional fee of $5 per day for every day after the deadline that the group home fails to pay the fee.
48.625(2)(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 the fee under par.
(a) for a license under sub.
(1).
48.625(2m)
(2m) When the department issues a license to operate a group home, the department shall notify the school district in which the group home is located that a group home has been licensed in the school district.
48.625(3)
(3) This section does not apply to a foster home licensed under s.
48.62 (1) or to a relative or 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.
48.627
48.627
Foster parent insurance and liability. 48.627(2)(a)
(a) Before the department, a county department, or a licensed child welfare agency may issue, renew, or continue a foster home license, the licensing agency shall require the applicant to furnish proof satisfactory to the licensing agency that he or she has homeowner's or renter's liability insurance that provides coverage for negligent acts or omissions by children placed in a foster home that result in bodily injury or property damage to 3rd parties.
48.627(2)(b)
(b) A licensing agency may, in accordance with rules promulgated by the department, waive the requirement under par.
(a) if the applicant shows that he or she is unable to obtain the required insurance, that he or she has had a homeowner's or renter's liability insurance policy canceled or that payment of the premium for the required insurance would cause undue financial hardship.
48.627(2)(c)
(c) The department shall conduct a study to determine the cost-effectiveness of purchasing insurance to provide standard homeowner's or renter's liability insurance coverage for applicants who are granted a waiver under par.
(b). If the department determines that it would be cost-effective to purchase such insurance, it may purchase the insurance from the appropriations under s.
20.437 (1) (cf) and
(pd).
48.627(2)(d)
(d) The licensing agency shall specify the amounts of liability insurance coverage required under par.
(a).
48.627(2c)
(2c) The department shall determine the cost-effectiveness of purchasing private insurance that would provide coverage to foster parents for acts or omissions by or affecting a child who is placed in a foster home. If this private insurance is cost-effective and available, the department shall purchase the insurance from the appropriations under s.
20.437 (1) (cf) and
(pd). If the insurance is unavailable, payment of claims for acts or omissions by or affecting a child who is placed in a foster home shall be in accordance with subs.
(2m) to
(3).
48.627(2m)
(2m) Within the limits of the appropriations under s.
20.437 (1) (cf) and
(pd), the department shall pay claims to the extent not covered by any other insurance and subject to the limitations specified in sub.
(3), for bodily injury or property damage sustained by a licensed foster parent or a member of the foster parent's family as a result of the act of a child in the foster parent's care or as a result of an act or omission of the foster parent in granting permission for a child in the foster parent's care to participate in an age or developmentally appropriate activity.
48.627(2s)
(2s) Within the limits of the appropriations under s.
20.437 (1) (cf) and
(pd), the department may pay claims to the extent not covered by any other insurance and subject to the limitations specified in sub.
(3), for all of the following:
48.627(2s)(a)
(a) Acts or omissions of the foster parent that result in bodily injury to the child who is placed in the foster home or that form the basis for a civil action for damages by the foster child's parent against the foster parent.
48.627(2s)(am)
(am) Acts or omission of the foster parent in granting permission for a child who is placed in the foster home to participate in an age or developmentally appropriate activity.
48.627(2s)(b)
(b) Bodily injury or property damage caused by an act or omission of a child who is placed in the foster parent's care for which the foster parent becomes legally liable.
48.627(3)(b)(b) A claim under sub.
(2m) shall be submitted to the department within 90 days after the bodily injury or property damage occurs. A claim under sub.
(2s) shall be submitted to the department within 90 days after a foster parent learns that a legal action has been commenced against that parent. No claim may be paid under this subsection unless it is submitted within the time limits specified in this paragraph.
48.627(3)(c)
(c) The department shall review and approve in whole or in part or disapprove all claims received under this subsection during each 3-month period beginning with the period from July 1, 1985, to September 30, 1985.
48.627(3)(d)
(d) No claim may be approved in an amount exceeding the total amount available for paying claims under this subsection in the fiscal year during which the claim is submitted. No claim for property damage sustained by a foster parent or a member of a foster parent's family may be approved in an amount exceeding $250,000.
48.627(3)(e)
(e) The department may not approve a claim unless the foster parent submits with the claim evidence that is satisfactory to the department of the cause and value of the claim and evidence that insurance coverage is unavailable or inadequate to cover the claim. If insurance is available but inadequate, the department may approve a claim only for the amount of the value of the claim that the department determines is in excess of the amount covered by insurance.
48.627(3)(f)
(f) If the total amount of the claims approved during any calendar quarter exceeds 25 percent of the total funds available during the fiscal year for purposes of this subsection plus any unencumbered funds remaining from the previous quarter, the department shall prorate the available funds among the claimants with approved claims. The department shall also prorate any unencumbered funds remaining in the appropriation under s.
20.437 (1) (cf) at the end of each fiscal year among the claimants whose claims were prorated during the fiscal year. Payment of a prorated amount from unencumbered funds remaining at the end of the fiscal year constitutes a complete payment of the claim for purposes of this program, but does not prohibit a foster parent from submitting a claim under s.
16.007 for the unpaid portion.
48.627(3)(g)
(g) A claimant whose claim is denied or whose payment is prorated is not entitled to a hearing under ch.
227 on the issue of the denial or proration.
48.627(3)(h)
(h) If a claim by a foster parent or a member of the foster parent's family is approved, the department shall deduct from the amount approved $100 less any amount deducted by an insurance company from a payment for the same claim, except that a foster parent and his or her family are subject to only one deductible for all claims filed in a fiscal year.
48.627(3)(i)
(i) The department may enter into a contract for the administration of this subsection.
48.627(4)
(4) Except as provided in s.
895.485, the department is not liable for any act or omission by or affecting a child who is placed in a foster home, but shall, as provided in this section, pay claims described under sub.
(2m) and may pay claims described under sub.
(2s) or may purchase insurance to cover such claims as provided for under sub.
(2c), within the limits of the appropriations under s.
20.437 (1) (cf) and
(pd).
48.627(5)
(5) The attorney general may represent a foster or family-operated group home parent in any civil action arising out of an act or omission of the foster or family-operated group home parent while acting in his or her capacity as a foster or family-operated group home parent.
48.63
48.63
Restrictions on placements. 48.63(1)(a)
(a) Acting under court order or voluntary agreement, the child's parent, guardian, or Indian custodian, or the department, the department of corrections, a county department under s.
46.215,
46.22, or
46.23, or a child welfare agency licensed to place children in foster homes or group homes may place a child or negotiate or act as intermediary for the placement of a child in a foster home or group home. Voluntary agreements under this paragraph may not be used for placements in facilities other than foster homes or group homes and may not be extended. A foster home placement under a voluntary agreement may not exceed 180 days from the date on which the child was removed from the home under the voluntary agreement. A group home placement under a voluntary agreement may not exceed 15 days from the date on which the child was removed from the home under the voluntary agreement, except as provided in sub.
(5). These periods do not apply to placements made under s.
48.345,
938.183,
938.34, or
938.345.
48.63(1)(b)
(b) Acting under a voluntary agreement, a child's parent, guardian, or Indian custodian, the department, the department of corrections, a county department under s.
46.215,
46.22, or
46.23, or a child welfare agency licensed to place children in shelter care facilities, may place the child or negotiate or act as intermediary for the placement of the child in a shelter care facility that the department has approved under s.
938.22 (2) (c) for use for placements under this paragraph. A voluntary agreement under this paragraph may not be used for placement in a facility other than an approved shelter care facility. A shelter care facility placement under a voluntary agreement may not exceed 20 days from the date on which the child was placed in the shelter care facility under the voluntary agreement and may not be extended.
48.63(1)(bm)
(bm) Acting under a voluntary agreement, a child's parent, the department, or a county department may place the child in a qualifying residential family-based treatment facility with a parent, if such a placement is recommended in the child's permanency plan under s.
48.38 (4) (em) before the placement is made. A placement under this paragraph cannot exceed 180 days from the date on which the child was removed from the home under the voluntary agreement.
48.63(1)(c)
(c) Voluntary agreements may be made only under par.
(a),
(b), or
(bm) or sub.
(5) (b), shall be in writing, shall state whether the child has been adopted, and shall specifically state that the agreement may be terminated at any time by the parent, guardian, or Indian custodian or by the child if the child's consent to the agreement is required. In the case of an Indian child who is placed under par.
(a),
(b), or
(bm) by the voluntary agreement of the Indian child's parent or Indian custodian, the voluntary consent of the parent or Indian custodian to the placement shall be given as provided in s.
48.028 (5) (a). The child's consent to an agreement under par.
(a),
(b), or
(bm) is required whenever the child is 12 years of age or older.
48.63(1)(d)
(d) If a county department, the department, or the department of corrections places a child or negotiates or acts as intermediary for the placement of a child under par.
(a) or
(b), the voluntary agreement shall also specifically state that the county department, department, or department of corrections has placement and care responsibility for the child as required under
42 USC 672 (a) (2) and has primary responsibility for providing services to the child.
48.63(2)
(2) No person may place a child or offer or hold himself or herself out as able to place a child, except as provided in this section. Enrollment of a child by a parent or guardian in an educational institution and delegation of care and custody of a child to an agent under s.
48.979 do not constitute a placement for the purposes of this section.
48.63(3)(b)1.1. At the request of a parent having custody of a child and the proposed adoptive parent or parents of the child, the department, a county department under s.
48.57 (1) (e) or
(hm), or a child welfare agency licensed under s.
48.60 may place the child in the home of the proposed adoptive parent or parents prior to termination of parental rights to the child as provided in subd.
2. or
3., whichever is applicable, and subd.
4. In placing an Indian child for adoption under this subdivision, the department, county department, or child welfare agency shall comply with the order of placement preference under s.
48.028 (7) (a) or, if applicable, s.
48.028 (7) (c), unless the department, county department, or child welfare agency finds good cause, as described in s.
48.028 (7) (e), for departing from that order.
48.63(3)(b)2.
2. The department, a county department under s.
48.57 (1) (e) or
(hm), or a child welfare agency licensed under s.
48.60 may place a child under subd.
1. in the home of a proposed adoptive parent or parents who reside in this state if that home is licensed as a foster home under s.
48.62 and the investigation made under s.
48.75 (3) has been supplemented to evaluate whether the home is suitable for the child.
48.63(3)(b)3.
3. The department, a county department under s.
48.57 (1) (e) or
(hm), or a child welfare agency licensed under s.
48.60 may place a child under subd.
1. in the home of a proposed adoptive parent or parents who reside outside this state if the placement is made in compliance with s.
48.98,
48.988, or
48.99, whichever is applicable, if the home meets the criteria established by the laws of the state where the proposed adoptive parent or parents reside for a preadoptive placement of a child in the home of a nonrelative, and if an appropriate agency in that state has completed an investigation of the home and filed a report and recommendation concerning the home with the department, county department, or licensed child welfare agency.
48.63(3)(b)4.
4. Before a child may be placed under subd.
1., the department, county department, or child welfare agency making the placement and the proposed adoptive parent or parents shall enter into a written agreement that specifies who is financially responsible for the cost of providing care for the child prior to the finalization of the adoption and for the cost of returning the child to the parent who has custody of the child if the adoption is not finalized. Under the agreement, the department, county department, or child welfare agency or the proposed adoptive parent or parents, but not the birth parent of the child or any alleged or presumed father of the child, shall be financially responsible for those costs.
48.63(3)(b)5.
5. Prior to termination of parental rights to the child, no person may coerce a birth parent of the child or any alleged or presumed father of the child into refraining from exercising his or her right to withdraw consent to the transfer or surrender of the child or to termination of his or her parental rights to the child, to have reasonable visitation or contact with the child, or to otherwise exercise his or her parental rights to the child.
