In this article, "child" means a person under 18 years of age. For purposes of the authority to provide care and maintenance for a child and 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, but under 21 years of age, who resides in the foster home or group home under an order that terminates after the person attains 18 years of age, under a voluntary transition-to-independent-living agreement, or under the placement and care responsibility of another jurisdiction.
The Menominee Tribe of Wisconsin Department of Family Services, and any subsequently named department, is authorized to apply and become a state-licensed, tribal run child-placing agency. The purpose of this authorization is to facilitate out-of-home placements for children under the jurisdiction of this chapter when family is unavailable and the tribal regulations and administrative procedures for placing and licensing foster homes have not been approved by Menominee Tribal Legislature.
A. 
Any person who receives, with or without transfer of legal custody, four or fewer children or, if necessary to enable a sibling group to remain together, six 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.
B. 
A relative, a guardian of a child, or a person delegated care and custody of a child 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 may issue a license to operate a foster home to a relative who has no duty of support 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. The department, a county department, or a licensed child welfare agency may, at the request of an appointed guardian, 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 appointed guardians who are licensed to operate foster homes are subject to the Department's licensing rules.
C. 
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 and tribal school in which the foster home is located that a foster home has been licensed in the school district or on the Menominee Indian Reservation.
D. 
Monthly payments in foster care shall be provided according to the rates specified by the Department. 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.
E. 
The department may recover an overpayment 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.
The Department shall promulgate rules relating to foster homes as follows:
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.
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 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 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.
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.
D. 
Rules providing a monthly retainer fee for a foster home that agrees to maintain openings for emergency placements.
A. 
Any person who receives, with or without transfer of legal custody, five to eight children, 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, meet the minimum requirements for a license established by the Department, and pay the license fee. A license issued under this subsection is valid until revoked or suspended, but shall be reviewed every two years.
B. 
No person may apply for a license to operate a new group home or for an amendment to a license under 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.
C. 
The department may issue a license 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 or expectant mothers and who are placed in the group home and for children 14 years of age or over who are custodial parents, or expectant mothers and who are placed in the group home under voluntary agreements, 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.
D. 
Before the Department may issue a license to a group home, the group home must pay to the Department an annual fee (to be set by the Department) based on the number of children that the group home is licensed to serve. A group home that wishes to continue a license shall pay the fee under this section by the continuation date of the license. A new group home shall pay the fee under this section no later than 30 days before the opening of the group home. A group home that wishes to continue a license issued and that fails to pay the fee by the continuation date of the license or a new group home that fails to pay the fee by 30 days before the opening of the group home shall pay an additional daily fee for every day after the deadline that the group home fails to pay the fee.
E. 
When the Department issues a license to operate a group home, the Department shall notify the Clerk of the school district and tribal school in which the group home is located that a group home has been licensed in the school district or on the Menominee Indian Reservation.
F. 
This section does not apply to a licensed foster home or to a relative or guardian of a child or a person delegated care and custody of a child by power of attorney who provides care and maintenance for the child.
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 third parties.
B. 
A licensing agency may, in accordance with rules promulgated by the Department, waive the insurance requirement 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.
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 an insurance waiver. If the Department determines that it would be cost-effective to purchase such insurance, it may purchase the insurance.
D. 
The Department shall specify the amounts of liability insurance coverage required.
E. 
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.
F. 
The Department is not liable for any act or omission by or affecting a child who is placed in a foster home.
A. 
Acting under Court order or voluntary agreement, the child's parent, guardian, or Indian custodian, or the Department, a county department, 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 subsection 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.
B. 
Acting under a voluntary agreement, a child's parent, guardian, or Indian custodian, the Department, a county department, 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 for use for placements under this subsection. A voluntary agreement under this subsection 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.
C. 
Voluntary agreements shall be in writing 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 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. The child's consent to an agreement is required whenever the child is 12 years of age or older.
D. 
If a county department or the Department places a child or negotiates or acts as intermediary for the placement of a child, the voluntary agreement shall also specifically state that the county department or department has placement and care responsibility for the child as required under 42 U.S.C. 672(a)(2) and has primary responsibility for providing services to the child.
E. 
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 do not constitute a placement for the purposes of this section.
F. 
Voluntary placements do not apply to the placement of a child for adoption. Adoptive placements shall be made pursuant to this chapter.
G. 
A permanency plan is required for each child placed in a foster home. If the child is living in a foster home under a voluntary agreement, the agency that negotiated or acted as intermediary for the placement shall prepare the permanency plan within 60 days after the date on which the child was removed from his or her home under the voluntary agreement. A copy of each plan shall be provided to the child if he or she is 12 years of age or over and to the child's parent, guardian, or Indian custodian. If the agency that arranged the voluntary placement intends to seek a Court order to place the child outside of his or her home at the expiration of the voluntary placement, the agency shall prepare a revised permanency plan and file that revised plan with the Court prior to the date of the hearing on the proposed placement.
H. 
If a child who is at least 14 years of age, who is a custodial parent, or an expectant mother, and who is in need of a safe and structured living arrangement and the parent, guardian, or Indian custodian of the child consent, a child welfare agency licensed to place children in group homes may place the child or arrange the placement of the child in a group home. Before placing a child or arranging the placement of a child under this subsection, the child welfare agency shall report any suspected abuse or neglect of the child. A voluntary agreement to place a child in a group home may be made only under this subsection, shall be in writing, and shall specifically state that the agreement may be terminated at any time by the parent, guardian, Indian custodian, or child. In the case of an Indian child who is placed in a group home under this subsection 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. An initial placement under this subsection may not exceed 180 days from the date on which the child was removed from the home under the voluntary agreement, but may be extended an additional 180 days. An initial placement under this subsection of a child who is under 16 years of age on the date of the initial placement may be extended as provided no more than one time.
I. 
A permanency plan is required for each child placed in a group home and for any child of that child who is residing with that child. The agency that placed the child or that arranged the placement of the child shall prepare the plan within 60 days after the date on which the child was removed from his or her home under the voluntary agreement and shall provide a copy of the plan to the child and the child's parent, guardian, or Indian custodian.
J. 
If the Department or agency that has placed a child or that has arranged the placement of the child wishes to extend the placement of the child, the agency shall prepare a revised permanency plan for that child and for any child of that child who is residing with that child and submit the revised permanency plan or plans, together with a request for a review of the revised permanency plan or plans and the child's placement, to the Court before the expiration of the child's placement. The request shall include a statement that an extension of the child's placement would be in the best interests of the child, together with reliable and credible information in support of that statement, a statement that the child and the parent, guardian, or Indian custodian of the child consent to the extension of the child's placement, and a request that the Court approve an extension of the child's placement. On receipt of a revised permanency plan or plans and a request for review, the Court shall set a time and place for the review and shall advise the agency that placed the child or that arranged the placement of the child of the time and place of the review.
K. 
Not less than 10 days before the review, the Department or agency that placed the child or that arranged the placement of the child shall provide a copy of the revised permanency plan or plans and the request for review and notice of the time and place of the review to the child, the parent, guardian, Indian custodian, and legal custodian of the child, and the operator of the group home in which the child is placed, together with notice of the issues to be determined as part of the permanency review and notice of the fact that those persons shall have a right to be heard at the review by submitting written comments to the Court before the review or by participating at the review.
L. 
At the review, any party to the case may present information relevant to the issue of extension and information relevant to the determinations of the Court. After receiving that information, the Court shall make the determinations required for permanency plan review and whether an extension of the child's placement is in the best interests of the child and whether the child and the parent, guardian, or Indian custodian of the child consent to the extension. If the Court determines that the extension is in the best interests of the child and that the child and the parent, guardian, or Indian custodian of the child consent to the extension, the Court shall approve, in writing, an extension of the placement for a specified period of time not to exceed six months, stating the reason for the approval, and the agency that placed the child or that arranged the placement of the child may extend the child's placement for the period of time approved. If the Court determines that the extension is not in the best interests of the child or that the child and the parent, guardian, or Indian custodian of the child do not consent to the extension, the Court shall, in writing, disapprove an extension of the placement, stating the reason for the disapproval, and the agency that placed the child or that arranged the placement of the child may not extend the placement of the child past the expiration date of the voluntary placement unless the agency obtains a Court order placing the child in the group home after the expiration date of the voluntary placement. Notwithstanding the approval of an extension under this subdivision, the child or the parent, guardian, or Indian custodian of the child may terminate the placement at any time during the extension period.
A. 
Notification of school district. When an agency or department places a school-age child in a foster home, group home, or shelter care facility or in the home of a relative other than a parent, the agency or department shall notify the Clerk of the school district or tribal school in which the foster home, group home, shelter care facility, or home of the relative is located that a school-age child has been placed in a foster home, group home, shelter care facility, or home of a relative in the school district or on the Menominee Indian Reservation.
B. 
Supervision of out-of-home care placements. Every child who is placed in a foster home, group home, or shelter care facility shall be under the supervision of the Department or an agency. Every child who is placed in the home of a relative under a Court order shall be under the supervision of the Department or an agency.
A. 
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 is in effect, is under 21 years of age, who is a child is living in a licensed foster home, or in a licensed foster home located within the boundaries of the Menominee Indian Reservation, in a licensed group home, in a subsidized guardianship home, in a licensed residential care center for children and youth, or in a supervised independent living arrangement and has been placed in that home, center, or arrangement by the Department or a county department.
B. 
Payments. The department or a county department shall grant payment on behalf of a dependent child to any of the following:
(1) 
A nonrelative who cares for the dependent child in a foster home having a license, or in a licensed group home, a subsidized guardian or interim caretaker 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.
(2) 
A county or the Department, on behalf of a child in the legal custody of the Department or county department 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.
(3) 
A county or 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 the Department, if the child is in the legal custody of the county department or the Department 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.
C. 
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 entity that has made the foster care payment. 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 entity that has made the foster care payment 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.