48.75(1r)
(1r) At the time of initial licensure and license renewal, the child welfare agency or public licensing agency issuing a license under
sub. (1d) or
(1g) shall provide the licensee with written information relating to the monthly foster care rates and supplemental payments specified in
s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments, and the procedures for applying for supplemental payments.
48.75(2)
(2) Any foster home or treatment foster home applicant or licensee of a public licensing agency or a child welfare agency may, if aggrieved by the failure to issue or renew its license or by revocation of its license, appeal as provided in
s. 48.72.
Effective date note
NOTE: Sub. (2) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(2) Any foster home applicant or licensee of a public licensing agency or a child welfare agency may, if aggrieved by the failure to issue or renew its license or by revocation of its license, appeal as provided in s. 48.72.
48.76
48.76
Penalties. In addition to the sanctions and penalties provided in
s. 48.715, any person who violates
s. 48.60,
48.62,
48.625,
48.63 or
48.65 may be fined not more than $500 or imprisoned for not more than one year in county jail or both.
48.77
48.77
Injunction against violations. In addition to the penalties provided in
s. 48.76, the circuit courts shall have jurisdiction to prevent and restrain by injunction violations of
s. 48.60,
48.62,
48.625,
48.63 or
48.65. It shall be the duty of the district attorneys, upon request of the department, to institute action for such injunction under
ch. 813.
48.77 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 773 (1975);
1977 c. 418 s.
929 (18);
1979 c. 300.
GENERAL PROVISIONS ON RECORDS
48.78
48.78
Confidentiality of records. 48.78(1)
(1) In this section, unless otherwise qualified, "agency" means the department, a county department, a licensed child welfare agency, or a licensed child care center.
48.78(2)(a)(a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual who is or was in its care or legal custody, except as provided under
s. 48.371,
48.38 (5) (b) or
(d) or
(5m) (d),
48.396 (3) (b) or
(c) 1.,
48.432,
48.433,
48.48 (17) (bm),
48.57 (2m),
48.93,
48.981 (7),
938.51, or
938.78 or by order of the court.
48.78 Note
NOTE: Par. (a) is shown as affected by 2 acts of the 2009 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i).
48.78(2)(ag)
(ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian, or legal custodian of the child who is the subject of the record or upon the request of the child, if 14 years of age or over, to the parent, guardian, legal custodian, or child, unless the agency determines that inspection of the record by the child, parent, guardian, or legal custodian would result in imminent danger to anyone.
48.78(2)(aj)
(aj) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of a parent, guardian, or legal custodian of a child expectant mother of an unborn child who is the subject of the record, upon the request of an expectant mother of an unborn child who is the subject of the record, if 14 years of age or over, or upon the request of an unborn child by the unborn child's guardian ad litem to the parent, guardian, legal custodian, expectant mother, or unborn child by the unborn child's guardian ad litem, unless the agency determines that inspection of the record by the parent, guardian, legal custodian, expectant mother, or unborn child by the unborn child's guardian ad litem would result in imminent danger to anyone.
48.78(2)(am)
(am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian, or legal custodian of the child who is the subject of the record or upon the written permission of the child, if 14 years of age or over, to the person named in the permission if the parent, guardian, legal custodian, or child specifically identifies the record in the written permission, unless the agency determines that inspection of the record by the person named in the permission would result in imminent danger to anyone.
48.78(2)(ap)
(ap) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian, or legal custodian of a child expectant mother of an unborn child who is the subject of the record, or of an expectant mother of an unborn child who is the subject of the record, if 14 years of age or over, and of the unborn child by the unborn child's guardian ad litem, to the person named in the permission if the parent, guardian, legal custodian, or expectant mother, and unborn child by the unborn child's guardian ad litem, specifically identify the record in the written permission, unless the agency determines that inspection of the record by the person named in the permission would result in imminent danger to anyone.
48.78(2)(b)
(b) Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, a public school, or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and
s. 938.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under
ss. 48.396 (1) and
938.396 (1) (a). A public school that obtains information under this paragraph shall keep the information confidential as required under
s. 118.125, and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under
s. 118.125.
Paragraph (a) does not apply to the confidential exchange of information between an agency and officials of a tribal school regarding an individual in the care or legal custody of the agency if the agency determines that enforceable protections are provided by a tribal school policy or tribal law that requires tribal school officials to keep the information confidential in a manner at least as stringent as is required of a public school official under
s. 118.125.
48.78(2)(c)
(c) Paragraph (a) does not prohibit the department or a county department from using in the media a picture or description of a child in the guardianship of the department or a county department for the purpose of finding adoptive parents for that child.
48.78(2)(d)
(d) Paragraph (a) does not prohibit the department of health services or a county department from disclosing information about an individual formerly in the legal custody or under the supervision of that department under s.
48.34 (4m), 1993 stats., or formerly under the supervision of that department or county department under s.
48.34 (4n), 1993 stats., to the department of corrections, if the individual is at the time of disclosure any of the following:
48.78(2)(e)
(e) Notwithstanding
par. (a), an agency shall, upon request, disclose information to authorized representatives of the department of corrections, the department of health services, the department of justice, or a district attorney for use in the prosecution of any proceeding or any evaluation conducted under
ch. 980, if the information involves or relates to an individual who is the subject of the proceeding or evaluation. The court in which the proceeding under
ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information made available or disclosed under this paragraph. Any representative of the department of corrections, the department of health services, the department of justice, or a district attorney may disclose information obtained under this paragraph for any purpose consistent with any proceeding under
ch. 980.