2010 Wisconsin Code
Chapter 895. Damages, liability, and miscellaneous provisions regarding actions in courts.
895.485 Civil liability exemption; agencies, foster parents, treatment foster parents and family-operated group home parents.

895.485

895.485 Civil liability exemption; agencies, foster parents, treatment foster parents and family-operated group home parents.

895.485(1)

(1) In this section:

895.485 - ANNOT.

NOTE: Section 895.485 (title) is amended by 2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:

895.485 - ANNOT.

895.485 Civil liability exemption; agencies, foster parents and family-operated group home parents.

895.485(1)(a)

(a) "Family-operated group home" has the meaning given in s. 48.627 (1).

895.485(1)(b)

(b) "Foster home" has the meaning given in s. 48.02 (6).

895.485(1)(c)

(c) "Treatment foster home" has the meaning given in s. 48.02 (17q).

895.485 - ANNOT.

NOTE: Par. (c) is repealed by 2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9).

895.485(2)

(2) Except as provided in ss. 167.10 (7) and 343.15 (2), any foster, treatment foster or family-operated group home parent licensed under s. 48.62 or 48.625 is immune from civil liability for any of the following:

895.485(2)(a)

(a) An act or omission of the foster, treatment foster or family-operated group home parent while that parent is acting in his or her capacity as a foster, treatment foster or family-operated group home parent.

895.485(2)(b)

(b) An act or omission of a child who is placed in a foster home, treatment foster home or family-operated group home while the child is in the foster, treatment foster or family-operated group home parent's care.

895.485 - ANNOT.

NOTE: Sub. (2) is amended by 2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:

895.485 - ANNOT.

(2) Except as provided in ss. 167.10 (7) and 343.15 (2), any foster or family-operated group home parent licensed under s. 48.62 or 48.625 is immune from civil liability for any of the following:

895.485 - ANNOT.

(a) An act or omission of the foster or family-operated group home parent while that parent is acting in his or her capacity as a foster or family-operated group home parent.

895.485 - ANNOT.

(b) An act or omission of a child who is placed in a foster home or family-operated group home while the child is in the foster or family-operated group home parent's care.

895.485(3)

(3) The immunity specified in sub. (2) does not apply if the act or omission of a foster, treatment foster or family-operated group home 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, treatment foster or family-operated group home parent and the compliance of the foster, treatment foster or family-operated group home 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, treatment foster or family-operated group home 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.

895.485 - ANNOT.

NOTE: Sub. (3) is amended by 2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:

895.485 - ANNOT.

(3) The immunity specified in sub. (2) does not apply if the act or omission of a foster or family-operated group home 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 or family-operated group home parent and the compliance of the foster or family-operated group home 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 or family-operated group home 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.

895.485(4)

(4) Any agency that acts in good faith in placing a child with a foster, treatment foster or family-operated group home parent is immune from civil liability for any act or omission of the agency, the foster, treatment foster or family-operated group home parent or the child unless all of the following occur:

895.485 - ANNOT.

NOTE: Sub. (4) (intro.) is amended by 2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:

895.485 - ANNOT.

(4) Any agency that acts in good faith in placing a child with a foster or family-operated group home parent is immune from civil liability for any act or omission of the agency, the foster or family-operated group home parent, or the child unless all of the following occur:

895.485(4)(a)

(a) The agency has failed to provide the foster, treatment foster. or family-operated group home parent with any information relating to a medical, physical, mental, or emotional condition of the child that it 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, treatment foster, or family-operated group home parent which relates to a medical, physical, mental, or emotional condition of the child.

895.485 - ANNOT.

NOTE: Par. (a) is amended by 2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:

895.485 - ANNOT.

(a) The agency has failed to provide the foster or family-operated group home parent with any information relating to a medical, physical, mental, or emotional condition of the child that it 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 or family-operated group home parent that relates to a medical, physical, mental, or emotional condition of the child.

895.485(4)(b)

(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).

895.485 - ANNOT.

History: 1987 a. 377; 1989 a. 31; 1993 a. 446; 1995 a. 27 s. 9126 (19); 2007 a. 20; 2009 a. 28.

895.485 - ANNOT.

NOTE: 1987 Wis. Act 377, which created this section, has a prefatory note explaining the act.

895.485 - ANNOT.

Cross Reference: See also ch. DCF 37, Wis. adm. code.

895.485 - ANNOT.

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)