48.645 Foster care aid.
(1) 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 under s. 115.787 is in effect, is under 21 years of age, who meets all of the following conditions:
(a) The child is living in a foster home licensed under s. 48.62 if a license is required under that section, in a foster home located within the boundaries of a reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625, in a subsidized guardianship home under s. 48.623, in a residential care center for children and youth licensed under s. 48.60, with a parent in a qualifying residential family-based treatment facility, or in a supervised independent living arrangement and has been placed in that home, center, or arrangement by a county department under s. 46.215, 46.22, or 46.23, by the department, or by a governing body of an Indian tribe in this state under an agreement with a county department under s. 46.215, 46.22, or 46.23.
(b) The child would qualify for aid under s. 49.19, 1993 stats.
(2) Aid payments.
(a) The department or a county department under s. 46.215, 46.22 or 46.23 shall grant aid 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 under s. 48.62, in a foster home located within the boundaries of a reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625, a subsidized guardian or interim caretaker under s. 48.623 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. The state shall reimburse counties pursuant to the procedure under s. 48.569 (2) and the percentage rate of participation set forth in s. 48.569 (1) (d) for aid granted under this section except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100 percent. The county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.
2. A county or, in a county having a population of 750,000 or more, the department, on behalf of a child in the legal custody of a county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) 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 for children and youth or a qualifying residential family-based treatment center by the county department or the department. Reimbursement shall be made by the state as provided in subd. 1.
3. A county or, in a county having a population of 750,000 or more, the department, when the child is placed in a licensed foster home, group home, residential care center for children and youth, or a qualifying residential family-based treatment facility, in a subsidized guardianship home, or in a supervised independent living arrangement by a licensed child welfare agency or by a governing body of an Indian tribe in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) 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.
4. A licensed foster home, group home, residential care center for children and youth, or a qualifying residential family-based treatment facility or a subsidized guardianship home when the child is in the custody or guardianship of the state, when the child is a ward of a tribal court in this state and the placement is made under an agreement between the department and the governing body of the Indian tribe of the tribal court, or when the child was part of the state's direct service case load and 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 and the child is placed by the department.
(b) Notwithstanding par. (a), aid under this section may not be granted for placement of a child in a foster home licensed by a governing body of an Indian tribe, for placement of a child in a foster home, group home, subsidized guardianship home, residential care center for children and youth, or supervised independent living arrangement by a governing body of an Indian tribe or its designee, or for the placement of a child who is a ward of a tribal court if the governing body of the Indian tribe of the tribal court is receiving or is eligible to receive funds from the federal government for that type of placement.
(3) 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 state. 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 state 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.
History: 2007 a. 20 ss. 894 to 903; Stats. 2007 s. 48.645; 2007 a. 97 s. 61; 2009 a. 28, 94, 180; 2011 a. 32; 2013 a. 20, 334; 2019 a. 9.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
48.01 - Title and legislative purpose.
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.
48.067 - 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.
48.13 - Jurisdiction over children alleged to be in need of protection or services.
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.
48.19 - 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.
48.233 - Five-county pilot program.
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.
48.273 - 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.
48.295 - Physical, psychological, mental or developmental examination.
48.297 - Motions before trial.
48.299 - Procedures at hearings.
48.305 - Hearing upon the involuntary removal of a child or expectant mother.
48.315 - Delays, continuances and extensions.
48.335 - Dispositional hearings.
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.
48.361 - Payment for alcohol and other drug abuse services.
48.362 - Payment for certain special treatment or care services.
48.363 - Revision of dispositional orders.
48.366 - Extended out-of-home care.
48.368 - Continuation of dispositional orders.
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.
48.383 - Reasonable and prudent parent standard.
48.385 - Plan for transition to independent living.
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.
48.422 - 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.
48.43 - 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.
48.437 - 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.
48.48 - 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.
48.60 - Child welfare agencies licensed.
48.61 - Powers and duties of child welfare agencies.
48.615 - Child welfare agency licensing fees.
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.
48.65 - Child care centers licensed; fees.
48.651 - Certification of child care providers.
48.653 - Information for child care providers.
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.
48.675 - 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.
48.73 - 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.
48.77 - Injunction against violations.
48.78 - Confidentiality of records.
48.79 - Powers of the department.
48.80 - Municipalities may sponsor activities.
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.
48.835 - 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.
48.915 - Adoption appeals given preference.
48.925 - Visitation rights of certain persons.
48.95 - Withdrawal or denial of petition.
48.97 - Adoption and guardianship orders of other jurisdictions.
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.