Chapter DCF 58

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.

DCF 58.06(5)(d) (d) The relative caregiver makes every reasonable effort to correct any hazard to the safety of the child in the home.

DCF 58.06 Note Note: If the relative caregiver does not own the home, the relative caregiver’s “reasonable effort to correct any hazard” includes asking the landlord to address safety concerns in the home.

DCF 58.06(6) (6)  Voluntary kinship care only. The kinship care agency determines all of the following conditions are met:

DCF 58.06(6)(a) (a) Child’s basic needs. The child needs to live with the relative caregiver because one or more of the following basic needs of the child can be better met by the relative caregiver than the child’s parent or parents:

DCF 58.06(6)(a)1. 1. The need for adequate food, shelter, clothing, and education.

DCF 58.06(6)(a)2. 2. The need to be free from physical, sexual, or emotional injury, neglect, or exploitation.

DCF 58.06(6)(a)3. 3. The need for a safe or permanent family.

DCF 58.06(6)(a)4. 4. The need to develop physically, mentally, and emotionally to the child’s potential.

DCF 58.06(6)(b) (b) Parental consent. The kinship care agency determines that the child’s custodial parent or parents have consented to the child living with the relative caregiver, except that no consent is required if the relative caregiver has guardianship of the child under s. 48.9795, Stats., or a tribal private guardianship order.

DCF 58.06 History History: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (2) (e), (6) (b) made under s. 13.92 (4) (b) 7., Stats., and change of numbering of (5) (c), (d) made under s. 13.92 (4) (b) 1., Stats., Register October 2020 No. 778; CR 21-107: am. (2) (e), (6) (b) Register June 2022 No. 798, eff. 7-1-22.

DCF 58.07 DCF 58.07 Need for protection or services.

DCF 58.07(1) (1) Kinship care. When determining the eligibility of a relative caregiver to receive kinship care payments, the kinship care agency shall determine if any of the following conditions is met:

DCF 58.07(1)(a) (a) Court order. The child has been placed with the relative caregiver by a court order under s. 48.13 or 938.13, Stats., or a substantially similar tribal court order.

DCF 58.07(1)(b) (b) Voluntary kinship care.

DCF 58.07(1)(b)1. 1. If par. (a) does not apply, the kinship care agency determines any of the following:

DCF 58.07(1)(b)1.a. a. The child meets one or more of the grounds or conditions under s. 48.13 or 938.13, Stats.

DCF 58.07(1)(b)1.b. b. There is a reasonable probability that the child would be at risk of meeting one or more of the grounds or conditions under s. 48.13 or 938.13, Stats., if the child were to remain in the parent’s home.

DCF 58.07(1)(b)1.c. c. If the child is 18 years of age or over, there is a reasonable probability that the child would meet or be at risk of meeting one or more of the grounds or conditions under s. 48.13 or 938.13, Stats., if the child were under 18 years of age and in the parent’s home.

DCF 58.07(1)(b)2. 2. The kinship care agency shall base a determination involving reasonable probability under subd. 1. b. or c. on any of the following:

DCF 58.07(1)(b)2.a. a. The kinship care agency, court, or a tribal court has made a similar determination about the child or a sibling of the child within the previous 12 months.

DCF 58.07(1)(b)2.b. b. Evidence of behavior by the child or a parent of the child that if increased in degree, could meet one or more of the grounds or conditions under s. 48.13 or 938.13, Stats.

DCF 58.07(1)(b)2.c. c. A parent of the child has made threatening and credible statements that, if carried out, could meet one or more of the grounds or conditions under s. 48.13, Stats.

DCF 58.07(1)(b)2.d. d. Information provided by the relative caregiver, a parent of the child, or any other credible person supports a determination that the circumstances in the child’s home could result in the child being at risk of meeting one or more of the grounds or conditions under s. 48.13 or 938.13, Stats., if the child were to remain in the home.

DCF 58.07(2) (2)  Long-term kinship care. When determining the eligibility of a relative caregiver to receive long-term kinship care payments, the kinship care agency shall require the relative caregiver to provide proof that the relative caregiver is the child’s guardian under s. 48.977, Stats., or a tribal court order that is substantially similar to an order under s. 48.977, Stats.

DCF 58.07 History History: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; CR 21-107: am. (1) (a), (2) Register June 2022 No. 798, eff. 7-1-22.

DCF 58.08 DCF 58.08 Agency procedures.

DCF 58.08(1) (1) Application.

DCF 58.08(1)(a) (a) Complete application. A kinship care agency shall consider a relative caregiver’s application for kinship care payments or long-term kinship care payments to be complete when the agency has received all of the following from the relative caregiver:

DCF 58.08(1)(a)1. 1. All information required on the application form prescribed by the department under s. DCF 58.04 (1).

DCF 58.08(1)(a)2. 2. All information that a relative caregiver is required to provide for background checks under s. DCF 58.05 (3).

DCF 58.08(1)(b) (b) Agency timeframe for determining eligibility. Except as provided under s. DCF 58.09, a kinship care agency shall approve or deny a relative caregiver’s application within 45 days after receiving the complete application specified under par. (a).

DCF 58.08 Note Note: See s. DCF 58.05 (1) for the deadline for beginning background checks.

DCF 58.08(1)(c) (c) Reapplication within 2 years. A kinship care agency may refuse to accept an application for kinship care or long-term kinship care from a relative caregiver that was determined ineligible for the same program within the previous 2 years if the agency determines that the reason for the previous denial or termination of payments has not changed.

DCF 58.08(2) (2)  Health insurance. A kinship care agency shall do all of the following:

DCF 58.08(2)(a) (a) Provide information on medical assistance to all relative caregivers during the initial eligibility determination process.

DCF 58.08(2)(b) (b) Require that a relative caregiver that does not have private health insurance for the child apply for medical assistance for the child and assist the relative caregiver with applying if appropriate.

DCF 58.08(2)(c) (c) Inform a relative caregiver that has private health insurance for the child that medical assistance may be available as a secondary health insurance.

DCF 58.08(3) (3)  Agency eligibility or termination criteria prohibited. A kinship care agency may not create eligibility or termination criteria for kinship care or long-term kinship care that are in addition to the criteria in this chapter and s. 48.57 (3m), (3n), and (3p), Stats.

DCF 58.08(4) (4)  Best interests determination.

DCF 58.08(4)(a) (a) Voluntary and long-term kinship care. When determining whether living with the relative caregiver is in the best interests of the child under s. DCF 58.06, the kinship care agency shall do all of the following:

DCF 58.08(4)(a)1. 1. Assess the ability of the relative caregiver to care for the child and the safety of the relative caregiver’s home and do the following if applicable:

DCF 58.08(4)(a)1.a. a. If a kinship care agency determines that a relative caregiver has a positive approach to parenting the child under s. DCF 58.06 (2) (a) 1., despite a parenting history that includes behaviors or actions that are contrary to the health, safety, or welfare of a child, the agency shall document the reasons for concern in the relative caregiver’s parenting history and the agency’s rationale for determining that the relative caregiver has a positive approach to parenting the child despite the parenting history.

DCF 58.08(4)(a)1.b. b. If the relative caregiver does not have safe sleeping arrangements for the child as required under s. DCF 58.06 (5) (b) 2., the kinship care agency shall assist the relative caregiver with obtaining the needed crib or bed.

DCF 58.08 Note Note: The contract between the department and a county for the provision of child welfare services includes an allocation for kinship care assessments that may be used for relative caregiver needs, such as purchasing a needed crib or bed.

DCF 58.08(4)(a)2. 2. With an approach that is trauma-informed and age and developmentally appropriate, talk to each child for whom a relative caregiver is applying for or receiving kinship care payments or long-term kinship care payments and discuss the child’s needs.

DCF 58.08(4)(a)3. 3. When determining a relative caregiver’s initial eligibility for kinship care or long-term kinship care, check for all of the following:

DCF 58.08(4)(a)3.a. a. Child abuse or neglect investigations or final substantiated findings in any jurisdiction in Wisconsin in which the relative caregiver, adult residents, prospective adult residents, employees, and prospective employees reside or have resided within the previous 5 years.

DCF 58.08(4)(a)3.b. b. Investigations or findings on a child abuse or neglect registry maintained by any jurisdiction outside Wisconsin in which the relative caregiver, adult residents, prospective adult residents, employees, or prospective employees reside or have resided within the previous 5 years.

DCF 58.08(4)(a)4. 4. When redetermining a relative caregiver’s eligibility, make the checks specified under subd. 3. in any jurisdiction where the relative caregiver, adult resident, or employee reside or have resided since the most recent check by the kinship care agency.

DCF 58.08(4)(b) (b) Voluntary kinship care; parental consent.

DCF 58.08(4)(b)1. 1. ‘Request express consent for living arrangement.’ When determining a relative caregiver’s initial eligibility for voluntary kinship care when the relative caregiver is not the child’s guardian, the kinship care agency shall make diligent efforts to contact the custodial parent or parents and request that the parent or parents sign a form prescribed by the department expressly consenting to the child living with the relative caregiver. The initial effort to contact the custodial parent or parents shall be by mail. The agency may subsequently attempt contact by phone, in person, or by electronic mail.

DCF 58.08 Note Note: DCF-F-5371, Voluntary Kinship Care Parental Approval, is available on the department’s website at https://dcf.wisconsin.gov/forms.

DCF 58.08(4)(b)2. 2. ‘Express denial.’ The kinship care agency shall determine that a relative caregiver is ineligible to receive voluntary kinship care and contact the local child protective services agency if the relative caregiver does not have guardianship of the child under s. 48.9795, Stats., or a tribal private guardianship order, and a custodial parent expressly denies consent for the child to live with the relative caregiver.

DCF 58.08 Note Note: In some circumstances, it may be appropriate for the relative caregiver to seek guardianship of the child.

DCF 58.08(4)(b)3. 3. ‘Implied consent.’ A kinship care agency may determine that consent by the child’s custodial parent or parents for the child to live with the relative caregiver is implied if any of the following conditions is met:

DCF 58.08(4)(b)3.a. a. The kinship care agency makes diligent efforts to contact the child’s custodial parent or parents and does not receive a response from any of the child’s custodial parents within 20 days after the agency’s first attempt to contact the custodial parent or parents.

DCF 58.08(4)(b)3.b. b. The child’s custodial parent or parents respond to the kinship care agency in a manner that is not an express denial of consent for the child to live with the relative caregiver.

DCF 58.08 Note Note: The agency is seeking consent for the child to live with the relative caregiver. Parental consent for the relative caregiver to receive kinship care payments is not required. If a parent informs the agency that the parent does not want to pay child support, the agency should redirect the conversation toward obtaining consent for the living arrangement.

DCF 58.08(4)(b)3.c. c. The child has 2 custodial parents, one custodial parent responds in a manner that is not an express denial of consent for the child to live with the relative caregiver, and the other custodial parent does not respond to the agency’s diligent efforts to contact the parent within 20 days after the first attempt to contact the parent.

DCF 58.08(5) (5)  Child safety.

DCF 58.08(5)(a) (a) Child protective services. A kinship care agency that has reasonable cause to suspect that the child has been abused or neglected or has been threatened with abuse or neglect and that abuse or neglect will occur shall report the facts and circumstances contributing to the suspicion to the local child protective services agency under s. 48.981 (2), Stats.

DCF 58.08(5)(b) (b) Court.

DCF 58.08(5)(b)1. 1. ‘Guardian; not in best interests.’ If a kinship care agency has concerns about whether it continues to be in a child’s best interests to live with a relative caregiver that has been appointed the child’s guardian under s. 48.977, Stats., or a tribal court order that is substantially similar to an order under s. 48.977, Stats., or under s. 48.9795, Stats., or a tribal private guardianship order, the kinship care agency shall inform the court that appointed the guardianship.