CR 14-054 Rule Text

DCF 58, Kinship Care

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The kinship care rule is amended to provide extended out-of-home care to a person who turned 18 years of age on or after August 1, 2014, but is under 21 years of age, and is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent if there is an individualized education program under s. 115.787, Stats., in effect for the person.

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A technical correction is made to the definition of “kinship care payment” to reflect the increase in the amount of a payment to $232 per month effective January 1, 2015, under 2013 Wisconsin Act 20.

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An applicant may not be placed on a waiting list if the child for whom a payment is requested has been placed with the kinship care relative under a voluntary transition-to-independent-living agreement.

Summary of Factual Data and Analytical Methodologies

The rule was developed with the assistance of the department’s Out-of-Home Care Committee and the Wisconsin Youth Advisory Council.

Summary of Related Federal Requirements

In general, a state can be eligible for federal funding under Title IV-E of the Social Security Act for foster care assistance if all of the following apply:

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The child was removed and placed in foster care in accordance with either of the following:

o

A voluntary placement agreement between the state agency, or any other agency acting on behalf of the state, and the parents or guardians. If the child has remained in voluntary placement for a period in excess of 180 days, a judicial determination must be made.

o

A judicial determination that:

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The placement is in the best interests of the child.

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Continuation in the home from which removed would be contrary to the welfare of the child and that reasonable or, in the case of an Indian child, active efforts have been made to preserve and unify the family, with the child’s health and safety as the paramount concern.

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The child’s placement and care are the responsibility of the state agency or any other public agency with which the state has made an agreement.

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The child has been placed in a foster home, group home, shelter care, or residential care center for children and youth.

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The child, while in the home, would have met the eligibility criteria for Aid to Families with Dependent Children as the program existed on July 16, 1996.

Under 42 USC 675 (8), the definition of “child” that applies to assistance under Title IV-E is the following:

A. Subject to subparagraph B, an individual who has not attained 18 years of age.

B. At the option of a State, the term shall include an individual for whom the following applies:

(i)

(I) The individual is in foster care under the responsibility of the State.

(II) There is an adoption assistance agreement under 42 USC 673 in effect for the individual, and the individual attained 16 years of age before the agreement became effective.

(III) There is a kinship guardianship assistance agreement under 42 USC 673 (d) in effect for the individual, and the individual attained 16 years of age before the agreement became effective.

(ii) The individual has attained 18 years of age.

(iii) The individual has not attained 19, 20, or 21 years of age, as the State may elect.

(iv) The individual is any of the following as the state may elect:

(I) Completing secondary education or a program leading to an equivalent credential.

(II) Enrolled in an institution which provides post-secondary or vocational education.

(III) Participating in a program or activity designed to promote, or remove barriers to, employment.

(IV) Employed for at least 80 hours per month.

(V) Incapable of doing any of the activities described in subclauses (I) through (IV) due to a medical condition, which incapability is supported by regularly updated information in the case plan of the child.

42 USC 675 (8) (B) (i) requires that any extension of foster care to children over 18 years of age also apply to adoption assistance and subsidized guardianship agreements that became effective after the child attained 16 years of age. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau, Program Instruction, Guidance on the Fostering Connections to Success and Increasing Adoptions Act of 2008, ACYF-CB-PI-10-11, July 9, 2010.

Comparison to Rules in Adjacent States

Illinois, Minnesota, and Michigan elected to extend foster care to all youth allowed under 42 USC 675 (8) (B).

Iowa elected to extend foster care to age 20 for youth attending high school or obtaining their GED.

Effect on Small Business

The rule will affect small businesses as defined in s. 227.114 (1), Stats.

Analysis Used to Determine Effect on Small Business or in Preparation of Economic Impact Analysis

Residential care centers, group homes, and licensed child-placing agencies will be affected by the rule changes, but the effect will be minimal.

Agency Contact Person

For foster care, kinship care, adoption assistance, and subsidized guardianship: Jonelle Brom Section Chief, Out-of-Home Care Section Division of Safety and Permanence [e-mail] [phone]

For group homes, residential care centers, and child-placing agencies: Mary Morse Child Welfare Program Specialist Licensing Section Division of Safety and Permanence [e-mail] [phone]

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to Elaine Pridgen, Department of Children and Families, 201 E. Washington Avenue, P.O. Box 8916, Madison, WI, 53708-8916 or [e-mail]. The comment deadline is October 17, 2014.

SECTION 1. Chapter DCF 21 is created to read:

Chapter DCF 21

RE-ENTRY INTO OUT-OF-HOME CARE FOR YOUTH 18 YEARS OF

AGE OR OVER, BUT UNDER 21 YEARS OF AGE

DCF 21.01 Purpose. This chapter provides conditions and procedures for re-entry into out-of-home care for youth under ss. 48.366 and 938.366, Stats.

DCF 21.02 Definitions. In this chapter:

(1) “Administrative law judge” means an administrative hearing examiner employed by the division of hearings and appeals.

(2) “Agency” means a county department of social services under s. 46.22, Stats.; a county department of human services under s. 46.23, Stats.; the department; or the department of corrections.

(3) “Aging out” means, except as provided under ss. 48.368 and 938.368, Stats., a youth is discharged from out-of-home care due to termination of an order under s. 48.355, 48.357, 48.365, 48.427, 938.355, 938.357, or 938.365, Stats., made before the youth reaches 18 years of age that places or continues the placement of the youth in out-of-home care; termination of a voluntary transition-to-independent-living agreement; or termination of a voluntary placement agreement on the date of any of the following:

(a) The date that the youth reaches 18 years of age.

(b) The date that the youth is granted a high school or high school equivalency diploma or the date on which the child reaches 19 years of age, whichever occurs first, if the youth 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.

(c) The date that a youth who is 18 years of age or over makes a decision to leave out-of-home care and the order is dismissed, the voluntary-transition-to-independent-living agreement is terminated, or the voluntary placement agreement is terminated.

(d) The date of termination of an order under s. 48.355, 48.357, 48.365, 48.427, 938.355, 938.357, or 938.365, Stats., that provides for termination one year or less after the date on which the order was entered.

(4) “Division of hearings and appeals” means the division of hearings and appeals within the department of administration.

(5) “Foster home” means any facility operated by a person licensed under s. 48.62 (1), Stats, and ch. DCF 56.

(6) “Group home” means a facility operated by a person licensed by the department under s. 48.625, Stats., and ch. DCF 57 to provide 24−hour care for 5 to 8 residents.

(7) “Hearing” means a de novo proceeding before an impartial administrative law judge in which the youth or the youth’s representative presents the reasons why the agency action or inaction in the youth’s case should be corrected.

(8) “Independent living-transition-to-discharge plan” means a plan for each youth exiting care on or after the age of 18 that contains provisions to ensure that basic resources are in place for the youth’s transition to adulthood, including all of the following:·

(a) The youth’s anticipated date of and age at discharge from out-of-home care.

(b) Information on how the youth will obtain and secure housing.

(c) Information on how the youth will manage heath care needs.

(d) Information on whether the youth intends to continue with formal education and how the youth will attain his or her educational goals.