Wisconsin Statutes & Annotations
Chapter 48 - Children's code.
48.627 - Foster parent insurance and liability.

48.627 Foster parent insurance and liability.
(2)
(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.
(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.
(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).
(d) The licensing agency shall specify the amounts of liability insurance coverage required under par. (a).
(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).
(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.
(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:
(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.
(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.
(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.
(3)
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(i) The department may enter into a contract for the administration of this subsection.
(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).
(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.
History: 1979 c. 221; 1981 c. 20; 1983 a. 27; 1985 a. 24, 29, 106, 154, 332, 336; 1987 a. 27, 377; 1989 a. 31; 1993 a. 446; 1995 a. 27; 1997 a. 27; 2001 a. 16; 2007 a. 20; 2009 a. 28; 2015 a. 128.
Foster parents are not agents of the county for purposes of tort liability. Kara B. v. Dane County, 198 Wis. 2d 24, 542 N.W.2d 777 (Ct. App. 1995), 94-1081.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 48 - Children's code.

48.01 - Title and legislative purpose.

48.02 - Definitions.

48.022 - Electronic filing.

48.023 - Guardianship.

48.025 - Declaration of paternal interest in matters affecting children.

48.027 - Child custody jurisdiction.

48.028 - Indian child welfare.

48.029 - Pregnancy testing prohibited.

48.03 - Time and place of court; absence or disability of judge; court of record.

48.035 - Court; Menominee and Shawano counties.

48.04 - Employees of court.

48.06 - Services for court.

48.067 - Powers and duties of intake workers.

48.069 - Powers and duties of disposition staff.

48.07 - Additional sources of court services.

48.08 - Duties of person furnishing services to court.

48.09 - Representation of the interests of the public.

48.10 - Power of the judge to act as intake worker.

48.11 - Advisory board.

48.13 - Jurisdiction over children alleged to be in need of protection or services.

48.133 - Jurisdiction over unborn children in need of protection or services and the expectant mothers of those unborn children.

48.135 - Referral of children and expectant mothers of unborn children to proceedings under chapter 51 or 55.

48.14 - Jurisdiction over other matters relating to children.

48.15 - Jurisdiction of other courts to determine legal custody.

48.16 - Jurisdiction over petitions for waiver of parental consent to a minor's abortion.

48.185 - Venue.

48.19 - Taking a child into custody.

48.193 - Taking an adult expectant mother into custody.

48.195 - Taking a newborn child into custody.

48.20 - Release or delivery of child from custody.

48.203 - Release or delivery of adult expectant mother from custody.

48.205 - Criteria for holding a child or expectant mother in physical custody.

48.207 - Places where a child or expectant mother may be held in nonsecure custody.

48.208 - Criteria for holding a child in a juvenile detention facility.

48.209 - Criteria for holding a child in a county jail.

48.21 - Hearing for child in custody.

48.213 - Hearing for adult expectant mother in custody.

48.215 - Mother-young child care program.

48.217 - Change in placement; child or expectant mother held in custody.

48.227 - Runaway homes.

48.23 - Right to counsel.

48.233 - Five-county pilot program.

48.235 - Guardian ad litem.

48.236 - Court-appointed special advocate.

48.24 - Receipt of jurisdictional information; intake inquiry.

48.243 - Basic rights: duty of intake worker.

48.245 - Informal disposition.

48.25 - Petition: authorization to file.

48.255 - Petition; form and content.

48.257 - Petition to initiate a procedure to waive parental consent prior to a minor's abortion.

48.263 - Amendment of petition.

48.27 - Notice; summons.

48.273 - Service of summons or notice; expense.

48.275 - Parents' contribution to cost of court and legal services.

48.28 - Failure to obey summons; capias.

48.29 - Substitution of judge.

48.293 - Discovery.

48.295 - Physical, psychological, mental or developmental examination.

48.297 - Motions before trial.

48.299 - Procedures at hearings.

48.30 - Plea hearing.

48.305 - Hearing upon the involuntary removal of a child or expectant mother.

48.31 - Fact-finding hearing.

48.315 - Delays, continuances and extensions.

48.317 - Jeopardy.

48.32 - Consent decree.

48.33 - Court reports.

48.335 - Dispositional hearings.

48.345 - Disposition of child or unborn child of child expectant mother adjudged in need of protection or services.

48.347 - Disposition of unborn child of adult expectant mother adjudged in need of protection or services.

48.35 - Effect of judgment and disposition.

48.355 - Dispositional orders.

48.356 - Duty of court to warn.

48.357 - Change in placement; child or expectant mother subject to dispositional order.

48.358 - Trial reunification.

48.36 - Payment for services.

48.361 - Payment for alcohol and other drug abuse services.

48.362 - Payment for certain special treatment or care services.

48.363 - Revision of dispositional orders.

48.365 - Extension of orders.

48.366 - Extended out-of-home care.

48.368 - Continuation of dispositional orders.

48.37 - Costs and fees.

48.371 - Access to certain information by substitute care provider.

48.373 - Medical authorization.

48.375 - Parental consent required prior to abortion; judicial waiver procedure.

48.38 - Permanency planning.

48.383 - Reasonable and prudent parent standard.

48.385 - Plan for transition to independent living.

48.396 - Records.

48.40 - Definitions.

48.41 - Voluntary consent to termination of parental rights.

48.415 - Grounds for involuntary termination of parental rights.

48.417 - Petition for termination of parental rights; when required.

48.42 - Procedure.

48.422 - Hearing on the petition.

48.423 - Rights of persons alleging paternity.

48.424 - Fact-finding hearing.

48.425 - Court report by an agency.

48.426 - Standard and factors.

48.427 - Dispositions.

48.43 - Court orders; contents and effect; review.

48.432 - Access to medical information.

48.433 - Access to identifying information about parents.

48.434 - Release of identifying information by an agency when authorization is granted.

48.435 - Custody of children.

48.437 - Change in placement; posttermination of parental rights.

48.44 - Jurisdiction over persons 17 or older.

48.45 - Orders applicable to adults.

48.46 - New evidence; relief from judgment terminating parental rights.

48.465 - Motion for postdisposition relief and appeal.

48.468 - Purpose of department.

48.47 - Duties of department.

48.48 - Authority of department.

48.481 - Grants for children's community programs.

48.485 - Transfer of Indian children to department for adoption.

48.487 - Tribal family services.

48.52 - Facilities for care of children and adult expectant mothers in care of department.

48.526 - Community youth and family aids.

48.527 - Community youth and family aids; bonus for county facilities.

48.528 - Community intervention program.

48.545 - Brighter futures initiative.

48.546 - Family treatment court grant program.

48.547 - Alcohol and other drug abuse program.

48.548 - Multidisciplinary screen and assessment criteria.

48.55 - State adoption information exchange and state adoption center.

48.56 - Child welfare services in counties having populations of less than 750,000.

48.561 - Child welfare services in a county having a population of 750,000 or more.

48.562 - Milwaukee child welfare partnership council.

48.563 - Children and family aids funding.

48.565 - Carry-over of children and family aids funds.

48.568 - Allocation of federal funds for children and family aids and child welfare.

48.569 - Distribution of children and family aids funds to counties.

48.57 - Powers and duties of department and county departments providing child welfare services.

48.576 - Shelter care facilities; general supervision and inspection by department.

48.578 - Shelter care facilities; establishment, approval, inspection.

48.58 - County children's home in populous counties.

48.59 - Examination and records.

48.599 - Definitions.

48.60 - Child welfare agencies licensed.

48.61 - Powers and duties of child welfare agencies.

48.615 - Child welfare agency licensing fees.

48.619 - Definition.

48.62 - Licensing of foster homes; rates.

48.623 - Subsidized guardianships.

48.625 - Licensing of group homes; fees.

48.627 - Foster parent insurance and liability.

48.63 - Restrictions on placements.

48.64 - Placement of children in out-of-home care.

48.645 - Foster care aid.

48.647 - Second-chance homes.

48.65 - Child care centers licensed; fees.

48.651 - Certification of child care providers.

48.653 - Information for child care providers.

48.655 - Parental access.

48.656 - Parent's right to know.

48.657 - Child care center reports.

48.658 - Child safety alarms in child care vehicles.

48.659 - Child care quality rating system.

48.66 - Licensing duties of the department.

48.67 - Rules governing child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments.

48.675 - Qualified residential treatment programs.

48.68 - Investigation of applicant; issuing of license.

48.685 - Criminal history and child abuse record search.

48.686 - Criminal history and child abuse record search; child care.

48.69 - Probationary licenses.

48.70 - Provisions of licenses.

48.715 - Sanctions and penalties.

48.72 - Appeal procedure.

48.73 - Inspection of licensees and school district child care programs.

48.735 - Immunization requirements; child care centers.

48.737 - Lead screening, inspection and reduction requirements; child care centers.

48.74 - Authority of department to investigate alleged violations.

48.743 - Community living arrangements for children.

48.745 - Formal complaints regarding child welfare agencies and group homes.

48.75 - Foster homes licensed by public licensing agencies and by child welfare agencies.

48.76 - Penalties.

48.77 - Injunction against violations.

48.78 - Confidentiality of records.

48.79 - Powers of the department.

48.80 - Municipalities may sponsor activities.

48.81 - Who may be adopted.

48.82 - Who may adopt.

48.825 - Advertising related to adoption.

48.83 - Jurisdiction and venue.

48.831 - Appointment of guardian for child without a living parent for adoptability finding.

48.832 - Transfer of guardianship upon revocation of guardian's license or contract.

48.833 - Placement of children for adoption by the department, county departments, and child welfare agencies.

48.834 - Placement of children with relatives or siblings for adoption by the department, county departments, and child welfare agencies.

48.835 - Placement of children with relatives for adoption.

48.837 - Placement of children with nonrelatives for adoption.

48.838 - Foreign adoption fees.

48.839 - Adoption of foreign children.

48.84 - Preadoption preparation for proposed adoptive parents.

48.841 - Persons required to file recommendation as to adoption.

48.85 - Recommendation of guardian.

48.871 - Filing of recommendation by guardian.

48.88 - Notice of hearing; investigation.

48.89 - Recommendation of the department.

48.90 - Filing of adoption petition; preadoption residence.

48.91 - Hearing; order.

48.913 - Payments by adoptive or proposed adoptive parents to a birth parent or child or on behalf of a birth parent or child.

48.915 - Adoption appeals given preference.

48.92 - Effect of adoption.

48.925 - Visitation rights of certain persons.

48.93 - Records closed.

48.94 - New birth record.

48.95 - Withdrawal or denial of petition.

48.96 - Subsequent adoption.

48.97 - Adoption and guardianship orders of other jurisdictions.

48.975 - Adoption assistance.

48.977 - Appointment of guardians for certain children in need of protection or services.

48.978 - Appointment or designation of standby guardian of a child.

48.979 - Delegation of power by parent.

48.9795 - Appointment of guardian of the person for a child.

48.98 - Interstate placement of children.

48.981 - Abused or neglected children and abused unborn children.

48.982 - Child abuse and neglect prevention board.

48.983 - Child abuse and neglect prevention program.

48.986 - Child abuse and neglect and unborn child abuse services.

48.987 - Earnings of self-supporting minors.

48.9875 - Minor consent for housing.

48.988 - Interstate compact on the placement of children.

48.989 - Interstate compact on the placement of children: additional procedure.

48.9895 - Withdrawal from Interstate Compact on the Placement of Children.

48.99 - Interstate Compact for the Placement of Children.

48.9985 - Interstate adoption agreements.

48.999 - Expediting interstate placements of children.