Section 54.01. Introduction.

 

(1)   Purpose. The purpose of this chapter is to protect and promote the health, safety and welfare of children in the care of child-placing agencies and to establish the administrative rate that a child-placing agency may charge for services for foster homes with a Level 3 or 4 certification.

(2)   Applicability. This chapter applies to all child-placing agencies.

(3)   Exceptions to rules. The department may make exceptions to any provision of this chapter that is not a statutory requirement if the department is assured that granting such exceptions is not detrimental to the health, safety and welfare of children. A request for an exception shall be in writing, justify the reason for requesting an exception, and describe an alternative that meets the intent of the requirement.

(3m)   Compliance with administrative rules and laws. A person who is licensed under this chapter shall operate the agency in compliance with this chapter, the provisions of the license, and applicable state, federal, and local law.

(4)   Definitions.

(a) "Administrative rate" means the difference between the rate charged by a child-placing agency to a Wisconsin public purchaser of services for a foster home with a Level 3 or 4 certification and the rate determined under s. DCF 56.23 that is paid by the child-placing agency to the foster parent for the care and maintenance of a child placed in the foster home.

(am) "Board of directors" means the policy-making body which governs a child welfare agency.

(b) "Child" means a person who is under 21 years of age and is under juvenile court jurisdiction or other court order, is being provided services by a child welfare agency, or is placed under an agreement.

(c) "Child custody proceedings" has the meaning prescribed in the Indian Child Welfare Act, 25 USC 1903 (1), and as provided in that act includes foster care placements, termination of parental right proceedings, pre-adoptive placements and adoptive placements.

(d) "Child-placing agency" means a child welfare agency licensed to place children in licensed family foster homes and licensed group homes.

(e) "Child welfare agency" means any person required to be licensed under s. 48.60 , Stats.

(em) "County department" or "county" means a county department of social services under s. 46.215 or 46.22 , Stats.; a county department of human services under s. 46.23 , Stats.; or a county department under s. 51.42 or 51.437 , Stats.

(f) "Department" means the department of children and families.

(g) "Division" means the department's division of safety and permanence.

(gm) "Foster home with a Level 3 or 4 certification" means a facility operated by a person licensed under s. 48.62 (1) , Stats., and certified under s. DCF 56.13 (5) or (6) .

(h) "Guardian" means the person or agency appointed by a court to make major decisions affecting a child which may include consent to marriage, to enlistment in the armed forces, to major surgery and to adoption, or to manage the estate of a minor.

(i) "Indian child" has the meaning prescribed in 25 USC 1903 (4), namely, any unmarried person who is under age 18 and is either a member of an Indian tribe or eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.

(j) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the U.S. secretary of the interior because of their status as Indians.

(k) "Legal custodian" means the person or agency to whom a court has transferred a child's legal custody, and who thereby has the right and duty to protect, train and discipline the child and to provide for the child's care needs. "Legal custody" has the meaning prescribed in s. 48.02 (12) , Stats.

(L) "Wisconsin public purchaser" means a county department, the department, or the Wisconsin department of corrections.