Wisconsin Statutes & Annotations
Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts.
895.485 - Civil liability exemption; out-of-home care providers and child-placing agencies.

895.485 Civil liability exemption; out-of-home care providers and child-placing agencies.
(1) Definitions. In this section:
(ag) “Age or developmentally appropriate activities" has the meaning given in s. 48.02 (1dm).
(b) “Foster home" has the meaning given in s. 48.02 (6).
(c) “Out-of-home care provider" has the meaning given in s. 48.02 (12r).
(d) “Reasonable and prudent parent standard" has the meaning given in s. 48.02 (14r).
(2) Foster parents; liability exemption. Except as provided in ss. 167.10 (7) and 343.15 (2), any foster parent licensed under s. 48.62 is immune from civil liability for any of the following:
(a) An act or omission of the foster parent while that parent is acting in his or her capacity as a foster parent.
(b) An act or omission of a child who is placed in a foster home while the child is in the foster parent's care.
(3) Foster parents; exceptions to liability exemption. The immunity specified in sub. (2) does not apply if the act or omission of a foster parent was not done in good faith or was not in compliance with any written instructions received from the agency that placed the child regarding specific care and supervision of the child. The good faith of a foster parent and the compliance of the foster parent with any written instructions received from the agency that placed the child are presumed in a civil action. Any person who asserts that a foster parent did not act in good faith, or did not comply with written instructions received from the agency that placed the child, has the burden of proving that assertion.
(4) Child-placing agencies; liability exemption; exceptions. Any agency that acts in good faith in placing a child with a foster parent is immune from civil liability for any act or omission of the agency, the foster parent, or the child unless all of the following occur:
(a) The agency has failed to provide the foster parent with any information relating to a medical, physical, mental, or emotional condition of the child that the agency is required to disclose under this paragraph. The department of children and families shall promulgate rules specifying the kind of information that an agency shall disclose to a foster parent that relates to a medical, physical, mental, or emotional condition of the child.
(b) Bodily injury to the child or any other person or damage to the property of the child or any other person occurs as a direct result of the failure under par. (a).
(5) Out-of-home care providers; liability exemption. Except as provided in ss. 167.10 (7) and 343.15 (2), an out-of-home care provider who grants permission for a child in the care of the out-of-home care provider to participate in an age or developmentally appropriate activity is immune from civil liability for any act or omission of the out-of-home care provider in granting that permission if in granting that permission the out-of-home care provider applied the reasonable and prudent parent standard in accordance with the requirements of ss. 48.383 (1) and 938.383 (1) and the rules promulgated under ss. 48.383 (3) and 938.383 (3). The immunity provided under this subsection applies only to the decision granting that permission itself and does not extend to any other act or omission of the out-of-home care provider, including any act or omission relating to the out-of-home care provider's duty to comply with any provision of licensure under s. 48.70, rule promulgated under s. 48.67, or any other statute, rule, or regulation that is applicable to the out-of-home care provider's duty to protect the health, safety, and welfare of the child. The immunity provided under this subsection does not affect any immunity from, limitation on, or defense to liability that is available under any other statute or the common law.
(6) Out-of-home care providers; liability exemption; presumptions. An out-of-home care provider who grants permission for a child in the care of the out-of-home care provider to participate in an age or developmentally appropriate activity is presumed to have applied the reasonable and prudent parent standard in granting that permission. Any person who asserts that an out-of-home care provider did not apply the reasonable and prudent parent standard in granting that permission has the burden of proving that assertion.
History: 1987 a. 377; 1989 a. 31; 1993 a. 446; 1995 a. 27 s. 9126 (19); 2007 a. 20; 2009 a. 28; 2015 a. 128.
NOTE: 1987 Wis. Act 377 contains a prefatory note explaining the act.
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. See also Estate of Cooper v. Milwaukee County, 103 F. Supp. 2d 1124 (2000).

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts.

895.01 - What actions survive; actions not to abate.

895.02 - Measure of damages against personal representative.

895.03 - Recovery for death by wrongful act.

895.031 - Recovery from estate of wrongdoer.

895.035 - Parental liability for acts of minor child.

895.037 - Abortions on or for a minor without parental consent or judicial waiver.

895.038 - Partial-birth abortions; liability.

895.04 - Plaintiff in wrongful death action.

895.043 - Punitive damages.

895.044 - Damages for maintaining certain claims and counterclaims.

895.045 - Contributory negligence.

895.046 - Remedies against manufacturers, distributors, sellers, and promoters of products.

895.047 - Product liability.

895.048 - Recovery by auto or motorboat owner limited.

895.049 - Recovery by a person who fails to use protective headgear while operating certain motor vehicles.

895.05 - Damages in actions for libel.

895.052 - Defamation by radio and television.

895.055 - Gaming contracts void.

895.056 - Recovery of money wagered.

895.057 - Action against judicial officer for loss caused by misconduct.

895.06 - Recovery of divisible personalty.

895.065 - Radioactive waste emergencies.

895.07 - Claims against contractors and suppliers.

895.08 - Sport shooting ranges; actions related to safety.

895.09 - Scrap metal or plastic bulk merchandise container theft; civil liability.

895.10 - Tort actions in residential real estate transactions.

895.14 - Tenders of money and property.

895.28 - Remedies not merged.

895.33 - Limitation of surety's liability.

895.34 - Renewal of sureties upon becoming insufficient and effects thereof.

895.345 - Justification of individual sureties.

895.346 - Bail, deposit in lieu of bond.

895.35 - Expenses in actions against municipal and other officers.

895.36 - Process against corporation or limited liability company officer.

895.37 - Abrogation of defenses in employee personal injury actions.

895.375 - Abrogation of defense that contract was champertous.

895.42 - Deposit of undistributed money and property by personal representatives and others.

895.43 - Intentional killing by beneficiary of contract.

895.435 - Intentional killing by beneficiary of certain death benefits.

895.441 - Sexual exploitation by a therapist; action for.

895.442 - Sexual exploitation by a member of the clergy; action for.

895.443 - Physical injury, emotional distress, loss or damage suffered by members of certain groups; action for.

895.444 - Injury caused by criminal gang activity; action for.

895.445 - Damage to certain machines; action for.

895.446 - Property damage or loss caused by crime; action for.

895.447 - Certain agreements to limit or eliminate tort liability void.

895.448 - Safety devices on farm equipment, ordinary negligence.

895.449 - Action for loss caused by failure to pay for gasoline or diesel fuel.

895.45 - Service representatives for adult abusive conduct complainants.

895.453 - Payments of chiropractic services from attorney contingency fees.

895.455 - Limits on recovery by prisoners.

895.457 - Limiting felon's right to damages.

895.46 - State and political subdivisions thereof to pay judgments taken against officers.

895.463 - Zoning ordinances.

895.47 - Indemnification of the Wisconsin State Agencies Building Corporation and the Wisconsin State Public Building Corporation.

895.472 - Indemnification of a financial institution.

895.475 - Exemption from civil liability for furnishing safety inspection or advisory services.

895.476 - Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19.

895.478 - Civil liability exemption; opioid antagonists.

895.48 - Civil liability exemption; emergency medical care.

895.4801 - Immunity for health care providers during COVID-19 emergency.

895.4802 - Civil liability exemption; hazardous materials.

895.4803 - Civil liability exemption; information concerning paternity.

895.481 - Civil liability exemption; equine activities.

895.482 - Civil liability exemption; ski patrol members.

895.483 - Civil liability exemption; regional and local emergency response teams and their sponsoring agencies.

895.484 - Civil liability exemption; entering a vehicle to render assistance.

895.485 - Civil liability exemption; out-of-home care providers and child-placing agencies.

895.486 - Civil immunity exemption; reports of insurance fraud.

895.487 - Civil liability exemption; employment references.

895.488 - Civil liability exemption; owner or person in lawful possession of the premises.

895.489 - Civil liability exemption; tenancy references.

895.492 - Civil liability exemption; certificate of qualification for employment.

895.497 - Civil liability exemption: furnishing safety services relating to child safety restraint systems.

895.501 - Civil liability exemption; credit card reencoders and scanning devices.

895.506 - Civil liability exemption; weight gain and obesity claims.

895.508 - Liability exemption; provision of previously owned eyeglasses.

895.51 - Civil liability exemption: food or emergency household products; emergency medical supplies; donation, sale, or distribution.

895.512 - Civil liability exemption; access to toilet facility.

895.514 - Civil liability exemption; Health Insurance Risk-Sharing Plan and Authority.

895.515 - Civil liability exemption; equipment or technology donation.

895.517 - Civil liability exemption: solid waste donation or sale.

895.519 - Civil liability exemption; private campgrounds.

895.52 - Recreational activities; limitation of property owners' liability.

895.523 - Recreational activities in a school building or on school grounds; limitation of liability.

895.524 - Participation in an agricultural tourism activity; limitations on civil liability, assumption of risk.

895.525 - Participation in recreational activities; restrictions on civil liability, assumption of risk.

895.526 - Participation in an alpine sport; restrictions on civil liability, assumption of risk.

895.5265 - Civil liability exemption; placement of certain structures in waterways.

895.527 - Sport shooting range activities; limitations on liability and restrictions on operation.

895.528 - Civil liability exemption; placement of markers in waterways.

895.529 - Civil liability limitation; duty of care owed to trespassers.

895.53 - Civil and criminal liability exemption; tests for intoxication.

895.535 - Civil and criminal liability exemption; body cavity search.

895.537 - Liability exemption; sexual assault evidence collection.

895.54 - Liability exemption; notification of release.

895.55 - Liability exemption; oil discharge control.

895.555 - Civil liability exemption; anhydrous ammonia.

895.56 - Liability exemption; handling of petroleum-contaminated soil under contract with the department of transportation.

895.57 - Damages and immunity; unauthorized release of animals.

895.58 - Liability exemption; use of special waste under public works contracts.

895.61 - Asbestos successor corporation; limitation on liability.

895.62 - Use of force in response to unlawful and forcible entry into a dwelling, motor vehicle, or place of business; civil liability immunity.

895.65 - Definitions.

895.66 - Mandatory disclosures.

895.67 - Approval of transfers of structured settlement payment rights.

895.68 - Effects of transfer of structured settlement payment rights.

895.69 - Procedure.

895.70 - General provisions.