Chapter DCF 58

DCF 58.04(4)(b) (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.

DCF 58.04(5) (5)  Background check. The relative caregiver complies with the requirements of s. 48.57 (3p), Stats., and s. DCF 58.05.

DCF 58.04(6) (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.

DCF 58.04(7) (7)  Need for protection or services.

DCF 58.04(7)(a) (a) For kinship care, the criteria under s. DCF 58.07 (1) are met.

DCF 58.04(7)(b) (b) For long-term kinship care, the criteria under s. DCF 58.07 (2) are met.

DCF 58.04(8) (8)  Child’s grade. The relative caregiver informs the kinship care agency of the last grade that the child has completed.

DCF 58.04(9) (9)  Child’s social security number.

DCF 58.04(9)(a) (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.

DCF 58.04(9)(b) (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 58.04 History History: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20.

DCF 58.05 DCF 58.05 Background check.

DCF 58.05(1) (1)  When conducted.

DCF 58.05(1)(a) (a) Mandatory.

DCF 58.05(1)(a)1. 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.

DCF 58.05(1)(a)2. 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.

DCF 58.05 Note Note: See the definitions of “adult resident” and “employee” in s. DCF 58.02 (1) and (13).

DCF 58.05(1)(b) (b) Discretionary.

DCF 58.05(1)(b)1. 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.

DCF 58.05(1)(b)2. 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.

DCF 58.05 Note Note: The agency is not required to repeat a fingerprint-based FBI criminal history check for a discretionary background check.

DCF 58.05(2) (2)  Provisional approval.

DCF 58.05(2)(a) (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:

DCF 58.05(2)(a)1. 1. The kinship care agency may make kinship care payments or long-term kinship care payments to the relative caregiver.

DCF 58.05(2)(a)2. 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.

DCF 58.05(2)(b) (b) The provisional approval under par. (a) expires the earlier of the following:

DCF 58.05(2)(b)1. 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.

DCF 58.05(2)(b)2. 2. Ninety days after the date on which the provisional approval was granted.

DCF 58.05(3) (3)  Provide information.

DCF 58.05(3)(a) (a) The relative caregiver shall ensure that each person who is the subject of a background check does all of the following:

DCF 58.05(3)(a)1. 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.

DCF 58.05 Note Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department website at https://dcf.wisconsin.gov.

DCF 58.05(3)(a)2. 2. Provides information on the person’s places of residence during the preceding 5-year period.

DCF 58.05(3)(b) (b) The relative caregiver shall submit the information under par. (a) to the kinship care agency.

DCF 58.05(3)(c) (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:

DCF 58.05(3)(c)1. 1. The person is not a resident of this state.

DCF 58.05(3)(c)2. 2. The person has resided outside the state at any time within the preceding 5 years.

DCF 58.05(3)(c)3. 3. The kinship care agency determines that the person’s employment, licensing, or state court records provide a reasonable basis for further investigation.

DCF 58.05(4) (4) Conduct background check.

DCF 58.05(4)(a) (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:

DCF 58.05(4)(a)1. 1. Requesting a search of the criminal history records maintained by the department of justice.

DCF 58.05(4)(a)2. 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.

DCF 58.05(4)(b) (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.

DCF 58.05 Note Note: A reverse search of the sex offender registry by address can be done by entering the relative caregiver’s address at https://doc.wi.gov/community-resources/offender-registry. The Wisconsin Sex Offender Registry does not contain information on all convicted sex offenders.

DCF 58.05 Note 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.

DCF 58.05 Note 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.

DCF 58.05(5) (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:

DCF 58.05(5)(a) (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 jurisdiction, 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.

DCF 58.05(5)(b) (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 jurisdiction, 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.

DCF 58.05(5)(c) (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 jurisdiction, 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.

DCF 58.05 Note Note: A list of Wisconsin county clerks of court is available at https://www.wicourts.gov/contact/docs/clerks.pdf.

DCF 58.05(6) (6)  Kinship care barred offenses.

DCF 58.05(6)(a) (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.

DCF 58.05(6)(b) (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 caregivers ability to care for the child.

DCF 58.05 Note Note: A list of the criminal convictions and penalties that are barred offenses for kinship care under s. 48.57 (3p) (g), Stats., is available on the department’s website at https://dcf.wisconsin.gov/files/cwportal/kc/kc-barredcrimes.pdf.

DCF 58.05 Note 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).

DCF 58.05(7) (7)  Long-term kinship care standard.

DCF 58.05(7)(a) (a) A kinship care agency may not make long-term kinship care payments to a relative caregiver if the director determines that the relative caregiver or an employee or adult resident of the relative caregiver has an arrest or conviction that is likely to adversely affect the child or the relative caregiver’s ability to care for the child, unless the director’s decision is overturned by the division of hearings and appeals under s. 48.57 (3n) (g), Stats.

DCF 58.05(7)(b) (b) A relative caregiver may not employ a person or permit a person to reside in the relative caregiver’s home if the director determines that the person has an arrest or conviction that is likely to adversely affect the child or the relative caregiver’s ability to care for the child, unless the director’s decision is overturned by the division of hearings and appeals under s. 48.57 (3n) (g), Stats.

DCF 58.05 Note Note: The kinship care agency may need to obtain a copy of the criminal complaint from the clerk of court to determine whether the circumstances of the crimes or the reason for the penalties could adversely affect the child or the relative caregiver’s ability to care for the child. A list of Wisconsin county clerks of court is available at https://www.wicourts.gov/contact/docs/clerks.pdf.

DCF 58.05 History History: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; CR 21-107: am. (5) (a) to (c) Register June 2022 No. 798, eff. 7-1-22; correction in (1) (b) 2. made under s. 35.17, Stats., Register August 2022 No. 800.

DCF 58.06 DCF 58.06 Best interests of the child.

DCF 58.06(1) (1) Criteria for best interest determination.

DCF 58.06(1)(a) (a) Kinship care. For kinship care eligibility, the kinship care agency shall determine if living with the relative caregiver is in the best interests of the child based on the criteria in this section, unless an exception in par. (c) applies.

DCF 58.06(1)(b) (b) Long-term kinship care. For long-term kinship care eligibility, the kinship care agency shall determine if living with the relative caregiver on a long-term basis is in the best interests of the child based on the criteria in subs. (2) to (4), unless the exception in par. (c) 2. applies.

DCF 58.06(1)(c) (c) Presumption of best interests. Notwithstanding par. (a) or (b), the kinship care agency shall presume it is in the child’s best interests to live with the relative caregiver if any of the following conditions is met:

DCF 58.06(1)(c)1. 1. ‘Court order.’ The child was 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.

DCF 58.06 Note Note: The child welfare agency with placement and care responsibility continues to be responsible for managing the safety of the out-of-home care placement.

DCF 58.06(1)(c)2. 2. ‘Recent court order.’ The kinship care agency is determining the relative caregiver’s eligibility for voluntary kinship care or long-term kinship care within 6 months after a court order or voluntary transition-to-independent-living agreement placing the child in the relative caregiver’s home expired or was terminated.

DCF 58.06(2) (2)  Characteristics of the relative caregiver. The relative caregiver has or exhibits all of the following characteristics to a degree that allows the relative caregiver to adequately care for the child:

DCF 58.06(2)(a) (a) A positive approach to parenting the child, including all of the following:

DCF 58.06(2)(a)1. 1. If the relative caregiver has parenting history, the parenting history does not include behaviors or actions that are contrary to the health, safety, or welfare of a child, or the kinship care agency determines that the relative caregiver has a positive approach to parenting the child despite the parenting history.

DCF 58.06(2)(a)2. 2. The relative caregiver does not inflict or tolerate infliction of abuse and does not neglect the child.

DCF 58.06(2)(b) (b) A demonstrated interest in integrating the child into the relative caregiver’s household and the ability to manage the stress of doing so.

DCF 58.06(2)(c) (c) An adequate recognition of the child’s strengths and needs consistent with the child’s age and abilities.

DCF 58.06(2)(d) (d) The ability to provide stable and appropriate care for the child, given the child’s age, strengths, needs, and abilities.

DCF 58.06(2)(e) (e) The ability and willingness to work with the child’s parents, if the relative caregiver is applying for or receiving voluntary kinship care and does not have guardianship of the child under s. 48.9795, Stats., or a tribal private guardianship order.

DCF 58.06(3) (3)  History of behaviors.

DCF 58.06(3)(a) (a) The relative caregiver, employees, and adult residents do not have any final substantiated findings of child abuse or neglect that are likely to adversely affect the child or the relative caregiver’s ability to care for the child.

DCF 58.06(3)(b) (b) If the kinship care agency conducts a background check on a person subject to the background check under s. DCF 58.05 (1), the agency determines that the person does not have any patterns of criminal behavior, pending charges, or convictions that are likely to adversely affect the child or the relative caregiver’s ability to care for the child.

DCF 58.06(4) (4)  Other minor child in the home. No minor child residing in the relative caregiver’s home endangers the safety of another child.

DCF 58.06(5) (5)  Physical environment. The physical environment of the relative caregiver’s home is safe for the child, including all of the following:

DCF 58.06(5)(a) (a) The relative caregiver’s home is constructed, arranged, and maintained in a manner that is safe.

DCF 58.06(5)(b) (b) The relative caregiver’s home has all of the following:

DCF 58.06(5)(b)1. 1. Furnishings and equipment necessary to adequately accommodate the child and other household members.

DCF 58.06(5)(b)2. 2.

DCF 58.06(5)(b)2.a. a. A safe and appropriate sleeping arrangement for the child.

DCF 58.06(5)(b)2.b. b. If the child is under 12 months of age, the child sleeps alone in a crib, bassinet, or playpen.

DCF 58.06(5)(c) (c) The relative caregiver considers the child’s developmental level and ensures that materials and equipment that may be hazardous to the child are stored in areas not readily accessible to the child. Potentially hazardous materials and equipment may include weapons, ammunition, poisons, insecticides, flammable or combustible materials, alcohol, tobacco products, medications, power tools, detergents, and plastic bags.