(25) “Voluntary transition−to−independent−living agreement” means a voluntary agreement under s. 48.366 (3) or 938.366 (3), Stats. DCF 58.03 Types of relative caregiving. This chapter applies to the following types of relative caregiving of a child:
(1) Court-ordered out-of-home care placement. A relative applying for or receiving kinship care payments on behalf of a child that was placed in the relative’s home under a court order or a voluntary transition-to-independent-living agreement and is under the placement and care responsibility of a child welfare agency. A relative under this subsection shall also apply for or has applied for a license to operate a foster home under ch. DCF 56, unless the child was placed in the relative caregiver’s home by a court order of a tribal court. (2) Voluntary. A relative applying for or receiving kinship care payments on behalf of a child residing with the relative for a child that was not placed in the relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement and is not under the placement and care responsibility of a child welfare agency. The child’s living arrangement with the relative may be informal or the relative may be the child’s guardian under ch. 54, Stats. (3) Guardian appointed for child in need of protection or services. A relative that is applying for or receiving long-term kinship care payments and is a child’s guardian under s. 48.977, Stats. DCF 58.04 Eligibility criteria for kinship care and long-term kinship care. A relative caregiver shall be eligible to receive kinship care payments or long-term kinship care payments if the kinship care agency determines that all of the following conditions are met:
(1) Application. (a) All applicants. The relative caregiver applies for kinship care payments or long-term kinship care payments using the application form prescribed by the department.
(b) Court-ordered out-of-home care placement. 1. If the child is placed in the home of the relative caregiver under a court order or a voluntary transition-to-independent-living agreement and a child welfare agency has placement and care responsibility for the child, the relative caregiver also completes the application for a license to operate a foster home, including the completion of forms prescribed by the department under ch. DCF 56. 2. Notwithstanding subd. 1., a relative caregiver of a child placed in the relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement is not required to apply for a license to operate a foster home if the child was placed in the relative caregiver’s home by a court order of a tribal court.
Note: If a relative caregiver has a private guardianship of the child under ch. 54, Stats., a child welfare agency does not have placement and care responsibility for the child, unless there is another court order giving the child welfare agency placement and care responsibility. (c) More than one child. A relative caregiver may apply for kinship care or long-term kinship care for more than one child on the same application form.
Note: DCF-F-CFS2023, Kinship Care Payment Application, is the application prescribed by the department if the relative caregiver is not required to apply for a license to operate a foster home. DCF-F-2483-E, Joint Court-Ordered Kinship Care and Foster Care Application –Part A is the application form prescribed by the department if the child is in a court-ordered out-of-home care placement. Both application forms are available on the department’s website at https://dcf.wisconsin.gov/forms. (2) Cooperation with agency. The relative caregiver cooperates with the kinship care agency, including all of the following:
(a) Completing and returning any forms prescribed by the department.
(b) Returning phone calls from the kinship care agency.
(c) Providing information through home visits, interviews, and documentation as necessary for the kinship care agency to determine or redetermine the eligibility of the relative caregiver for kinship care or long-term kinship care.
(d) Applying for other forms of assistance for which the child may be eligible, including financial assistance and medical assistance for the child.
(e) Cooperating with referral of the child’s parent or parents to the child support agency, except in any of the following circumstances:
1. The child is 18 years of age or over.
2. The relative caregiver has a pending good cause claim under s. DCF 58.12. 3. The relative caregiver requested and the kinship care agency granted a good cause exemption to the requirement that a relative caregiver cooperate with referring the child’s parent to the child support agency under s. DCF 58.12. (f) Notifying the kinship care agency of a change in circumstances specified under s. DCF 58.10 (1). (g) Cooperating with eligibility redeterminations and reviews under s. DCF 58.10. (h) If the child is 18 years of age or over and the relative caregiver is applying for or receiving voluntary kinship care payments or long-term kinship care payments, providing the kinship care agency with a form prescribed by the department that has been signed by the relative caregiver and an official from the child’s school that verifies that the child meets the criteria in s. DCF 58.02 (4) (a) or (b) 1. and 2. (3) No simultaneous payments. (a) The relative caregiver does not simultaneously receive any of the following payments for the care and maintenance of the same child:
1. Kinship care payments and long-term kinship care payments.
2. Kinship care payments or long−term kinship care payments and foster care payments under s. 48.62 (4), Stats.; subsidized guardianship payments under s. 48.623 (1) or (6), Stats.; or any comparable payments from another jurisdiction. (b) The relative caregiver does not receive kinship care payments or long-term kinship care payments for providing care and maintenance for a child who is receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77, Stats., due to the child’s own disability. (4) Relationship and residence verification. (a) The relative caregiver provides all of the following to the kinship care agency:
1. Documentation that verifies the relative caregiver’s relationship to the child, such as a birth certificate, a marriage license, guardianship papers, or paternity papers. If no formal documentation is available, the relative caregiver may attest to the relationship on the application under sub. (1).
2. Documentation that verifies that the child is residing with the relative caregiver, such as the child’s medical assistance card or a written statement from a school representative. If no formal documentation is available, the relative caregiver may attest to the living arrangement on the application under sub. (1).
(b) The kinship care agency may request additional information on a relative caregiver’s relationship to the child or the child’s residence with the relative caregiver at any time.
(5) Background check. The relative caregiver complies with the requirements of s. 48.57 (3p), Stats., and s. DCF 58.05. (6) Best interests of the child. The kinship care agency determines that living with the relative caregiver is in the best interests of the child under s. DCF 58.06. (7) Need for protection or services. (a) For kinship care, the criteria under s. DCF 58.07 (1) are met. (b) For long-term kinship care, the criteria under s. DCF 58.07 (2) are met. (8) Child’s grade. The relative caregiver informs the kinship care agency of the last grade that the child has completed.
(9) Child’s social security number. (a) Within 90 days after the date on which the kinship care agency determines a relative caregiver’s initial eligibility for kinship care payments or long-term kinship care payments, the relative caregiver provides the kinship care agency with the child’s social security number.
(b) If a relative caregiver is unable to obtain a social security number for the child by the deadline in par. (a), the relative caregiver notifies the kinship care agency of the actions taken to obtain the social security number and the current status of the request. The kinship care agency shall document the relative caregiver’s efforts.
DCF 58.05 Background check. (1) When conducted. (a) Mandatory. 1. ‘Application.’ Within 10 working days after receiving a complete application as specified under s. DCF 58.08 (1), the kinship care agency shall begin the background check of the relative caregiver and any adult residents, prospective adult residents, employees, or prospective employees under s. 48.57 (3p), Stats., and this section. 2. ‘Prospective adult resident or employee.’ Within 10 working days after receiving notice from a relative caregiver of a prospective employee, prospective adult resident, or new adult resident, the kinship care agency shall begin the background check of the prospective employee, prospective adult resident, or adult resident under s. 48.57 (3p), Stats., and this section. Note: See the definitions of “adult resident” and “employee” in s. DCF 58.02 (1) and (13). (b) Discretionary. 1. At any time that the kinship care agency considers to be appropriate, an agency may conduct a background check of a relative caregiver, adult resident, prospective adult resident, employee, or prospective employee.
2. A kinship care agency may investigate the background of a relative caregiver, adult resident prospective adult resident, employee, or prospective employee at any time the agency considers to be appropriate without conducting a complete background check.
Note: The agency is not required to repeat a fingerprint-based FBI criminal history check for a discretionary background check.
(2) Provisional approval. (a) The following provisional actions are allowed if a relative caregiver states to the kinship care agency that none of the persons who are subject to a background check has any arrests or convictions that could adversely affect the child or relative caregiver’s ability to care for the child:
1. The kinship care agency may make kinship care payments or long-term kinship care payments to the relative caregiver.
2. The relative caregiver may allow a prospective adult resident to be an adult resident and may allow a prospective employee to be an employee.
(b) The provisional approval under par. (a) expires the earlier of the following:
1. When the kinship care agency determines whether the person who is the subject of the background check meets the conditions under s. 48.57 (3p), Stats., and this section. 2. Ninety days after the date on which the provisional approval was granted.
(3) Provide information. (a) The relative caregiver shall ensure that each person who is the subject of a background check does all of the following:
1. Completes the background information disclosure and written authorization for the kinship care agency to make follow−up contact with the Wisconsin department of justice and any other person or organization.
Note: DCF−F−2978−E, Background Information Disclosure, is available in the forms section of the department website at https://dcf.wisconsin.gov. 2. Provides information on the person’s places of residence during the preceding 5−year period.
(b) The relative caregiver shall submit the information under par. (a) to the kinship care agency.
(c) A person who is the subject of a background check shall submit a complete set of the person’s fingerprints in a technology approved by the Wisconsin department of justice or other law enforcement agency if any of the following conditions is met:
1. The person is not a resident of this state.
2. The person has resided outside the state at any time within the preceding 5 years.
3. The kinship care agency determines that the person’s employment, licensing, or state court records provide a reasonable basis for further investigation.
(4) Conduct background check. (a) The kinship care agency shall obtain information on a person who is the subject of a background check by doing all of the following:
1. Requesting a search of the criminal history records maintained by the department of justice.
2. Submitting the person’s fingerprints to the department of justice for submission to the federal bureau of investigation if any of the conditions under sub. (3) (c) is met.
(b) When the kinship care agency is conducting a background check of a relative caregiver, the agency shall conduct a reverse search of the Wisconsin sex offender registry using the relative caregiver’s address to determine if a person residing at that address has committed a sex offense that is specified in s. 48.57 (3p) (g), Stats. The information is limited by the effective date of the applicable law and to those offenders who have been arrested and convicted, adjudicated, or committed for a crime specified under the law and who meet registration and publication requirements.
For example, certain sex offenses by juveniles or other persons may not meet registration or publication requirements. Please consider these limitations when obtaining information from the sex offender registry.
(5) Further investigation. If a relative caregiver is applying for or receiving kinship care payments, the kinship care agency shall investigate further if the criminal history records of the person who is the subject of the background check indicate any of the following:
(a) If the criminal history records indicate a charge of a crime specified in s. 48.57 (3p) (g), Stats., or comparable law in another state, but do not completely and clearly indicate the final disposition of the charge, the kinship care agency shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. (b) If the background information disclosure indicates a charge or conviction of a crime specified in s. 48.57 (3p) (g), Stats., or comparable law in another state, but the criminal history records do not include the charge or conviction, the agency shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint.
(c) If the results of the criminal history records, the background information disclosure, or any other information indicate a conviction for a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013, Stats., or comparable law in another state, not more than 5 years before the kinship care agency obtained the information, the agency shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation. Note: A list of Wisconsin county clerks of court is available at https://www.wicourts.gov/contact/docs/clerks.pdf.
(6) Kinship care barred offenses. (a) A kinship care agency may not make kinship care payments to a relative caregiver if the relative caregiver or an employee or adult resident has been convicted of a crime or has had a penalty imposed that is specified in s. 48.57 (3p) (g), Stats., unless a director’s review under s. DCF 58.11 (1) or a division of hearings and appeals hearing order under s. 48.57 (3m) (g), Stats., determines that there are no arrests, convictions, or penalties that are likely to adversely affect the child or the relative caregiver’s ability to care for the child. (b) A relative caregiver may not employ a person or permit a person to reside in the relative caregiver’s home if the person has been convicted of a crime or has had a penalty imposed that is specified in s. 48.57 (3p) (g), Stats., unless a director’s review under s. DCF 58.11 (1) or a division of hearings and appeals hearing order under s. 48.57 (3m) (g), Stats., determines that there are no arrests, convictions, or penalties that are likely to adversely affect the child or the relative caregiver’s ability to care for the child. Patterns of criminal behavior, pending charges, and convictions that are not specified under s. 48.57 (3p) (g), Stats., may be considered when determining the best interests of the child under s. DCF 58.06 (3).
