Chapter 48, CHILDREN’S CODE

48.647 Second-chance homes. (1) DEFINITIONS. In this section: (ad) “Cultural competency” means the ability of an individual or private agency to understand and act respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes, and behaviors of persons a…

48.65 Child care centers licensed; fees. (1) No person may for compensation provide care and supervision for 4 or more children under the age of 7 for less than 24 hours a day unless that person obtains a license to operate a child care center from the department. To obtain a lic…

48.651 Certification of child care providers. (1) Except as provided in s. 49.155 (4) (c), no person, other than a child care center licensed under s. 48.65 or established or contracted for under s. 120.13 (14), may receive payment for providing child care services for an individ…

48.653 Information for child care providers. The department shall provide each child care center licensed under s. 48.65 and each county agency providing child welfare services with a brochure containing information on basic child care and the licensing and certification requirem…

48.655 Parental access. A child care provider that holds a license under s. 48.65, that is certified under s. 48.651, that holds a probationary license under s. 48.69, or that is established or contracted for under s. 120.13 (14) shall permit any parent or guardian of a child enr…

48.656 Parent’s right to know. Every parent, guardian, or legal custodian of a child who is receiving care and supervision, or of a child who is a prospective recipient of care and supervision, from a child care center that holds a license under s. 48.65 (1) or a probationary lic…

48.657 Child care center reports. (1) The department shall provide each child care center that holds a license under s. 48.65 (1) or a probationary license under s. 48.69 with an annual report that includes the following information: (a) Violations of statutes, rules promulgated …

48.658 Child safety alarms in child care vehicles. (1) DEFINITIONS. In this section: (a) “Child care provider” means a child care center that is licensed under s. 48.65 (1), a child care provider that is certified under s. 48.651, or a child care program that is established or co…

48.659 Child care quality rating system. The department shall provide a child care quality rating system that rates the quality of the child care provided by a child care provider licensed under s. 48.65 that receives payment under s. 49.155 for the child care provided or that vo…

48.66 Licensing duties of the department. (1) (a) Except as provided in s. 48.715 (6) and (7), the department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 938.22, and…

48.67 Rules governing child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. (1b) In this section, “provider” means an individual who provides care and supervision for children in a child care center licensed under …

48.672 Video surveillance and recording. (1) Group homes, shelter care facilities, and child welfare agencies that operate a residential care center for children and youth may use video surveillance and recordings in common areas, entrances, and exits without the consent of the c…

48.675 Qualified residential treatment programs. (1) The department may certify a residential care center for children and youth, group home, or shelter care facility to operate a qualified residential treatment program if it determines that the program meets the requirements of …

48.68 Investigation of applicant; issuing of license. (1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license adopted by the department under s. 48.67 and meets the requirements…

48.685 Criminal history and child abuse record search. (1) In this section: (ag) 1. “Caregiver” means any of the following: a. A person who is, or is expected to be, an employee or contractor of an entity, who is or is expected to be under the control of the entity, as defined by…

48.686 Criminal history and child abuse record search; child care. (1) In this section: (ac) “Approval” means a child care center license under s. 48.65, a child care provider certification under s. 48.651, or a contract with a child care provider under s. 120.13 (14). (ag) “Care…

48.69 Probationary licenses. Except as provided under s. 48.715 (6) and (7), if any child welfare agency, shelter care facility, group home, or child care center that has not been previously issued a license under s. 48.66 (1) (a) applies for a license, meets the minimum requirem…

48.70 Provisions of licenses. (1) GENERAL. Each license shall state the name of the person licensed, the premises included under the license, the maximum number of children who can be received and their age and sex and such additional information and special conditions as the dep…

48.715 Sanctions and penalties. (1) In this section, “licensee” means a person who holds a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, shelter care facility, group home, or child care center. (2) If the department pro…

48.72 Appeal procedure. Except as provided in s. 48.715 (6) and (7), any person aggrieved by the department’s refusal or failure to issue, renew, or continue a license or by any action taken by the department under s. 48.715 has the right to an administrative hearing provided for…

48.73 Inspection of licensees and school district child care programs. The department may visit and inspect each child welfare agency, foster home, group home, and child care center licensed by the department and each entity certified by the department under s. 48.675, and for th…

48.735 Immunization requirements; child care centers. The department, after notice to a child care center licensee, may suspend, revoke, or refuse to continue a child care center license in any case in which the department finds that there has been a substantial failure to comply…

48.737 Lead screening, inspection and reduction requirements; child care centers. The department, after notice to a child care provider certified under s. 48.651, or a child care center that holds a license under s. 48.65 or a probationary license under s. 48.69, may suspend, rev…

48.74 Authority of department to investigate alleged violations. Whenever the department is advised or has reason to believe that any person is violating any of the provisions of ss. 48.60, 48.62, 48.625 or 48.65, it shall make an investigation to determine the facts. For the pur…

48.743 Community living arrangements for children. (1) In this section, “community living arrangement for children” means a residential care center for children and youth or a group home. (2) Community living arrangements for children shall be subject to the same building and hou…

48.745 Formal complaints regarding child welfare agencies and group homes. (1) If a complaint is received by a child welfare agency operating a residential care center for children and youth or by a group home, the licensee shall attempt to resolve the complaint informally. Faili…

48.75 Foster homes licensed by public licensing agencies and by child welfare agencies. (1b) In this section, “public licensing agency” means a county department or, in a county having a population of 750,000 or more, the department. (1d) Child welfare agencies, if licensed to do…

48.76 Penalties. In addition to the sanctions and penalties provided in s. 48.715, any person who violates s. 48.60, 48.62, 48.625, 48.63 or 48.65 may be fined not more than $500 or imprisoned for not more than one year in county jail or both. History: 1977 c. 418 s. 929 (18); 19…

48.77 Injunction against violations. In addition to the penalties provided in s. 48.76, the circuit courts shall have jurisdiction to prevent and restrain by injunction violations of s. 48.60, 48.62, 48.625, 48.63 or 48.65. It shall be the duty of the district attorneys, upon req…

48.78 Confidentiality of records. (1) DEFINITION. In this section, unless otherwise qualified, “agency” means the department, a county department, a licensed child welfare agency, or a licensed child care center. (2) CONFIDENTIALITY; EXCEPTIONS. (a) No agency may make available f…

48.79 Powers of the department. The department has authority and power: (4) To assist communities in setting up recreational commissions and to assist them in extending and broadening recreational programs so as to reach all children. (5) To assist in extending the local child ca…

48.80 Municipalities may sponsor activities. (1) Any municipality is hereby authorized and empowered to sponsor the establishment and operation of any committee, agency or council for the purpose of coordinating and supplementing the activities of public and private agencies devo…

48.81 Who may be adopted. Any child who is present in this state at the time the petition for adoption is filed may be adopted if any of the following criteria are met: (1) Both of the child’s parents are deceased. (2) The parental rights of both of the child’s parents with respe…

48.82 Who may adopt. (1) The following persons are eligible to adopt a minor if they are residents of this state: (a) A husband and wife jointly, or either the husband or wife if the other spouse is a parent of the minor. (b) An unmarried adult. (3) When practicable and if reques…

48.825 Advertising related to adoption. (1) In this section: (a) “Advertise” means to communicate by any public medium that originates within this state, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio, or television, or by any computer…

48.83 Jurisdiction and venue. (1) Except as provided in s. 48.028 (3) (b), the court of the county where the proposed adoptive parent or child resides or the court of the county where a petition for termination of parental rights to the child was filed or granted under subch. VII…

48.831 Appointment of guardian for child without a living parent for adoptability finding. (1) TYPE OF GUARDIANSHIP. This section may be used for the appointment of a guardian of a child who does not have a living parent if a finding as to the adoptability of a child is sought. E…

48.832 Transfer of guardianship upon revocation of guardian’s license or contract. If the department revokes the license of a county department licensed under s. 48.57 (1) (hm) to accept guardianship, or of a child welfare agency licensed under s. 48.61 (5) to accept guardianship…

48.833 Placement of children for adoption by the department, county departments, and child welfare agencies. (1) PLACEMENT BY DEPARTMENT OR COUNTY DEPARTMENT. The department or a county department under s. 48.57 (1) (e) or (hm) may place a child for adoption in a licensed foster …

48.834 Placement of children with relatives or siblings for adoption by the department, county departments, and child welfare agencies. (1) PLACEMENT WITH RELATIVES. Before placing a child for adoption under s. 48.833, the department, county department under s. 48.57 (1) (e) or (…

48.835 Placement of children with relatives for adoption. (1) DEFINITION. In this section and s. 48.837, “custody” means physical custody of a child by the child’s parent not in violation of a custody order issued by a court. “Custody” does not include physical custody of a child…

48.837 Placement of children with nonrelatives for adoption. (1) IN-STATE ADOPTIVE PLACEMENT. When the proposed adoptive parent or parents of a child reside in this state and are not relatives of the child, a parent having custody of a child and the proposed adoptive parent or pa…

48.838 Foreign adoption fees. (1) In this section, “foreign adoption” means the adoption of a child, who is a citizen of a foreign country, in accordance with any of the types of adoption procedures specified under this subchapter. (2) The department may charge a fee of not more …

48.839 Adoption of foreign children. (1) BOND REQUIRED. (a) Any resident of this state who has been appointed by a court of a foreign jurisdiction as guardian of a child who is a citizen of that jurisdiction, before bringing the child into this state for the purpose of adopting t…

48.84 Preadoption preparation for proposed adoptive parents. (1) Before a child may be placed under s. 48.833 for adoption by a proposed adoptive parent who has not previously adopted a child, before a proposed adoptive parent who has not previously adopted a child may petition f…

48.841 Persons required to file recommendation as to adoption. (1) No adoption of a minor may be ordered without the written recommendation, favorable or unfavorable, of the guardian of the minor, if there is one, as set forth in s. 48.85. (2) If the guardian refuses or neglects …

48.85 Recommendation of guardian. (1) At least 10 days prior to the hearing, the guardian shall file its recommendation with the court. In making a recommendation under this subsection with respect to an Indian child, the guardian shall comply with the order of placement preferen…

48.871 Filing of recommendation by guardian. In the case of a recommendation by a guardian, the guardian shall file with its recommendation satisfactory evidence of its authority to file such recommendation relative to the adoption of the minor. In the case where the parents’ rig…

48.88 Notice of hearing; investigation. (1) In this section, unless otherwise qualified, “agency” means any public or private entity except an individual. (1m) Upon the filing of a petition for adoption, the court shall schedule a hearing within 90 days of the filing. Notice of t…

48.89 Recommendation of the department. (1) The recommendation of the department is required for the adoption of a child if the child is not under the guardianship of a county department under s. 48.57 (1) (e) or (hm) or a child welfare agency under s. 48.61 (5). In making a reco…