AB75, s. 1061
18Section
1061. 48.67 (intro.) of the statutes is amended to read:
AB75,578,5
1948.67 Rules governing child welfare agencies, day care centers, foster
20homes, treatment foster homes, group homes, shelter care facilities, and
21county departments. (intro.) The department shall promulgate rules establishing
22minimum requirements for the issuance of licenses to, and establishing standards
23for the operation of, child welfare agencies, day care centers, foster homes,
treatment
24foster homes, group homes, shelter care facilities, and county departments. Those
25rules shall be designed to protect and promote the health, safety, and welfare of the
1children in the care of all licensees. The department shall consult with the
2department of commerce, the department of public instruction, and the child abuse
3and neglect prevention board before promulgating those rules.
For foster homes,
4those rules shall include the rules promulgated under s. 48.62 (8). Those rules shall
5include rules that require all of the following:
AB75, s. 1062
6Section
1062. 48.67 (4) of the statutes is created to read:
AB75,578,127
48.67
(4) That all foster parents and treatment foster parents successfully
8complete training in the care and support needs of children who are placed in foster
9care or treatment foster care that has been approved by the department. The
10department shall promulgate rules prescribing the training that is required under
11this subsection and shall monitor compliance with this subsection according to those
12rules.
AB75, s. 1063
13Section
1063. 48.675 (1) of the statutes is amended to read:
AB75,578,1814
48.675
(1) Development of program. The department shall develop a foster
15care education program to provide specialized training for persons operating family
16foster homes
or treatment foster homes. Participation in the program shall be
17voluntary and shall be limited to persons operating foster homes
or treatment foster
18homes licensed under s. 48.62 and caring for children with special treatment needs.
AB75, s. 1064
19Section
1064. 48.675 (2) of the statutes is amended to read:
AB75,579,420
48.675
(2) Approval of programs. The department shall promulgate rules for
21approval of programs to meet the requirements of this section.
Such Those programs
22may include
, but need not be limited to: in-service training; workshops and
23seminars developed by the department or by county departments; seminars and
24courses offered through public or private education agencies; and workshops,
25seminars
, and courses pertaining to behavioral and developmental disabilities and
1to the development of mutual support services for foster parents
and treatment
2foster parents. The department may approve programs under this subsection only
3after consideration of relevant factors including level of education, useful or
4necessary skills, location
, and other criteria as determined by the department.
AB75, s. 1065
5Section
1065. 48.675 (3) (intro.) of the statutes is amended to read:
AB75,579,106
48.675
(3) Support services. (intro.) The department shall provide funds from
7the appropriation under s. 20.437 (1) (a) to enable foster parents
and treatment foster
8parents to attend education programs approved under sub. (2) and shall promulgate
9rules concerning disbursement of the funds. Moneys disbursed under this
10subsection may be used for the following purposes:
AB75, s. 1066
11Section
1066. 48.675 (3) (a) of the statutes is amended to read:
AB75,579,1312
48.675
(3) (a) Care of residents of the foster home
or treatment foster home 13during the time of participation in an education program.
AB75, s. 1067
14Section
1067. 48.68 (1) of the statutes is amended to read:
AB75,580,515
48.68
(1) After receipt of an application for a license, the department shall
16investigate to determine if the applicant meets the minimum requirements for a
17license adopted by the department under s. 48.67 and meets the requirements
18specified in s. 48.685, if applicable. In determining whether to issue or continue a
19license, the department may consider any action by the applicant, or by an employee
20of the applicant, that constitutes a substantial failure by the applicant or employee
21to protect and promote the health, safety
, and welfare of a child. Upon satisfactory
22completion of this investigation and payment of the fee required under s. 48.615 (1)
23(a) or (b), 48.625 (2) (a), 48.65 (3) (a)
, or 938.22 (7) (b), the department shall issue a
24license under s. 48.66 (1) (a) or, if applicable, a probationary license under s. 48.69
25or, if applicable, shall continue a license under s. 48.66 (5). At the time of initial
1licensure and license renewal, the department shall provide a foster home licensee
2with written information relating to the
age-related monthly foster care rates and
3supplemental payments specified in s. 48.62 (4), including payment amounts,
4eligibility requirements for supplemental payments
, and the procedures for applying
5for supplemental payments.
AB75, s. 1068
6Section
1068. 48.685 (1) (b) of the statutes is amended to read:
AB75,580,157
48.685
(1) (b) "Entity" means a child welfare agency that is licensed under s.
848.60 to provide care and maintenance for children, to place children for adoption
, 9or to license foster homes
or treatment foster homes; a foster home
or treatment
10foster home that is licensed under s. 48.62;
a subsidized guardianship home under
11s. 48.62 (5); a group home that is licensed under s. 48.625; a shelter care facility that
12is licensed under s. 938.22; a day care center that is licensed under s. 48.65 or
13established or contracted for under s. 120.13 (14); a day care provider that is certified
14under s. 48.651; or a temporary employment agency that provides caregivers to
15another entity.
AB75, s. 1069
16Section
1069. 48.685 (2) (c) 1. of the statutes is amended to read:
AB75,580,2417
48.685
(2) (c) 1. If the person who is the subject of the search under par. (am)
18is seeking an initial license to operate a foster home
or treatment foster home or is
19seeking relicensure after a break in licensure, the department, county department,
20or child welfare agency shall request under
42 USC 16962 (b) a fingerprint-based
21check of the national crime information databases, as defined in
28 USC 534 (f) (3)
22(A). The department, county department, or child welfare agency may release any
23information obtained under this subdivision only as permitted under
42 USC 16962 24(e).
AB75, s. 1070
25Section
1070. 48.685 (2) (c) 2. of the statutes is amended to read:
AB75,581,11
148.685
(2) (c) 2. If the person who is the subject of the search under par. (am)
2is seeking a license to operate a foster home
or treatment foster home or is an adult
3nonclient resident of the foster home
or treatment foster home and if the person is
4not, or at any time within the 5 years preceding the date of the search has not been,
5a resident of this state, the department, county department, or child welfare agency
6shall check any child abuse or neglect registry maintained by any state or other U.S.
7jurisdiction in which the person is a resident or was a resident within those 5 years
8for information that is equivalent to the information specified in par. (am) 4. The
9department, county department, or child welfare agency may not use any
10information obtained under this subdivision for any purpose other than a search of
11the person's background under par. (am).
AB75, s. 1071
12Section
1071. 48.685 (4m) (a) (intro.) of the statutes is amended to read:
AB75,581,2113
48.685
(4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
14par. (ad) and sub. (5), the department may not license, or continue or renew the
15license of, a person to operate an entity, a county department
or agency contracted
16with under s. 48.651 (2) may not certify a day care provider under s. 48.651, a county
17department or a child welfare agency may not license, or renew the license of, a foster
18home or treatment foster home under s. 48.62
, and a school board may not contract
19with a person under s. 120.13 (14), if the department, county department,
contracted
20agency, child welfare agency
, or school board knows or should have known any of the
21following:
AB75, s. 1072
22Section
1072
. 48.685 (4m) (a) (intro.) of the statutes, as affected by 2009
23Wisconsin Act .... (this act), is amended to read:
AB75,582,824
48.685
(4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
25par. (ad) and sub. (5), the department may not license, or continue or renew the
1license of, a person to operate an entity, a county department or agency contracted
2with under s. 48.651 (2) may not certify a day care provider under s. 48.651, a county
3department or a child welfare agency may not license, or renew the license of, a foster
4home
or treatment foster home under s. 48.62,
the department or a county
5department may not provide subsidized guardianship payments to a person under
6s. 48.62 (5), and a school board may not contract with a person under s. 120.13 (14),
7if the department, county department, contracted agency, child welfare agency
, or
8school board knows or should have known any of the following:
AB75, s. 1073
9Section
1073. 48.685 (4m) (ad) of the statutes is amended to read:
AB75,582,1610
48.685
(4m) (ad) The department, a county department
, or a child welfare
11agency may license a foster home or treatment foster home under s. 48.62, a county
12department
or agency contracted with under s. 48.651 (2) may certify a day care
13provider under s. 48.651
, and a school board may contract with a person under s.
14120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am)
15indicating that the person is not ineligible to be licensed, certified or contracted with
16for a reason specified in par. (a) 1. to 5.
AB75, s. 1074
17Section
1074
. 48.685 (4m) (ad) of the statutes, as affected by 2009 Wisconsin
18Act .... (this act), is amended to read:
AB75,583,219
48.685
(4m) (ad) The department, a county department, or a child welfare
20agency may license a foster home
or treatment foster home under s. 48.62,
the
21department or a county department may provide subsidized guardianship payments
22to a person under s. 48.62 (5), a county department or agency contracted with under
23s. 48.651 (2) may certify a day care provider under s. 48.651, and a school board may
24contract with a person under s. 120.13 (14), conditioned on the receipt of the
1information specified in sub. (2) (am) indicating that the person is not ineligible to
2be licensed, certified
, or contracted with for a reason specified in par. (a) 1. to 5.