Chapter DCF 58

DCF 58.08(8)(b) (b) A notice denying or terminating a relative caregiver’s eligibility shall include the reasons for the denial or termination and a summary of appeal rights under s. DCF 58.11 and s. 48.57 (3m) (f), (3n) (f), and (3p) (h) or (hm), Stats., as applicable.

DCF 58.08(8)(c) (c) A notice terminating eligibility shall inform the relative caregiver that payments will continue until a review or hearing decision is issued if the relative caregiver submits a request for a review or hearing as specified under s. DCF 58.11 within 10 days after the date of the notice. Any payments issued while the review or hearing is pending may be recovered by the kinship care agency if the agency’s determination is upheld.

DCF 58.08 Note Note: DCF-F-5370-E, Kinship Care Eligibility Determination, is available on the department’s website at https://dcf.wisconsin.gov/forms.

DCF 58.08(9) (9)  Payment.

DCF 58.08(9)(a) (a) Kinship care payments. After a kinship care agency has determined that a relative caregiver is eligible to receive kinship care payments, the agency shall issue payments that begin as follows:

DCF 58.08(9)(a)1. 1. For a child that was placed in the relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement, the later of the following:

DCF 58.08(9)(a)1.a. a. The date the child was placed in the relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement.

DCF 58.08(9)(a)1.b. b. Ninety days prior to the date the kinship care agency received the relative caregiver’s application information under sub. (1) (a).

DCF 58.08(9)(a)2. 2. For voluntary kinship care, the date on which the kinship care agency received the relative caregiver’s application information under sub. (1) (a), unless the relative caregiver is placed on a waiting list under sub. (11).

DCF 58.08(9)(b) (b) Long-term kinship care payments. After a kinship care agency has determined that a relative caregiver is eligible to receive long-term kinship care payments, the agency shall issue payments that begin the later of the following:

DCF 58.08(9)(b)1. 1. The date the relative caregiver was appointed to be 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 58.08(9)(b)2. 2. Ninety days prior to the date the kinship care agency received the relative caregiver’s application information under sub. (1) (a).

DCF 58.08(10) (10)  Waiting prohibited.

DCF 58.08(10)(a) (a) Waiting list prohibited. A kinship care agency may not place any of the following relative caregivers on a waiting list:

DCF 58.08(10)(a)1. 1. ‘Long-term kinship care.’ A relative caregiver that has been determined eligible for long-term kinship care payments.

DCF 58.08(10)(a)2. 2. ‘Kinship care with court-ordered placement.’ A relative caregiver that has been determined eligible for kinship care payments if the child was placed with 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 58.08(10)(a)3. 3. ‘Type of relative caregiving changes to voluntary.’ A relative caregiver whose type of relative caregiving under s. DCF 58.03 changes to voluntary under s. DCF 58.03 (2) while the relative caregiver is receiving kinship care payments or long-term kinship care payments.

DCF 58.08(10)(b) (b) Continued payment by previous agency until funding available.

DCF 58.08(10)(b)1. 1. Subject to subds. 2. and 3., a kinship care agency shall continue to make kinship care payments to a relative caregiver receiving voluntary kinship care payments from the agency if the relative caregiver moves to an area of the state served by another kinship care agency that has a waiting list.

DCF 58.08(10)(b)2. 2. The kinship care agency serving the area of the relative caregiver’s new residence under subd. 1. shall place the relative caregiver’s name at the top of the agency’s waiting list.

DCF 58.08(10)(b)3. 3. The kinship care agency serving the area where the relative caregiver is residing shall begin making the kinship care payments to the relative caregiver when the agency’s contract with the department is renewed or amended or the agency otherwise has kinship care funding available to make the payments.

DCF 58.08(11) (11) Waiting list policy and procedures for voluntary kinship care.

DCF 58.08(11)(a) (a) Policy. Each kinship care agency shall develop a waiting list policy for relative caregivers that have been determined eligible to receive voluntary kinship care payments at a time when the kinship care agency’s allocation for kinship care payments is insufficient to begin the payments. A kinship care agency’s waiting list policy shall include all of the following:

DCF 58.08(11)(a)1. 1. The priority order in which the agency will move relative caregivers off the waiting list to begin making the kinship care payments. The kinship care agency may establish priorities based any of the following criteria:

DCF 58.08(11)(a)1.a. a. The order in which applications are received.

DCF 58.08(11)(a)1.b. b. The lack of stability in the living arrangement if a payment is not made.

DCF 58.08(11)(a)1.c. c. The level or urgency of the child’s need under s. DCF 58.06 (5) (a).

DCF 58.08(11)(a)1.d. d. If the child is under the guardianship of the relative caregiver by a statutory provision other than s. 48.977, Stats., or a tribal court order that is substantially similar to an order under s. 48.977, Stats.

DCF 58.08(11)(a)2. 2. The criteria and procedures for granting an exception to the priorities established under subd. 1., if the agency grants exceptions.

DCF 58.08(11)(a)3. 3. Whether the agency provides a retroactive payment for all or part of the time period that a relative caregiver is on the waiting list.

DCF 58.08(11)(b) (b) Agency submittal. Each kinship care agency shall submit the agency’s waiting list policy under par. (a) to the department by January 1, 2021, and following any change to the agency’s waiting list policy.

DCF 58.08(11)(c) (c) Authorization. A kinship care agency may establish a waiting list for newly-eligible relative caregivers if all of the following conditions are met:

DCF 58.08(11)(c)1. 1. The kinship care agency’s allocation for kinship care payments in the current fiscal year will be fully expended by payments to existing relative caregivers.

DCF 58.08(11)(c)2. 2. The kinship care agency notifies the department that the agency expects to be placing newly-eligible relative caregivers on the waiting list for the remainder of the fiscal year.

DCF 58.08 Note Note: Notice should be submitted to Kinship Care Program Coordinator, DCF/DSP, P.O. Box 8916, Madison, WI 53708-8916.

DCF 58.08(11)(d) (d) Funding available. When a kinship care agency has sufficient funds to begin kinship care payments to a relative caregiver that the agency placed on a waiting list, the kinship care agency shall do all of the following:

DCF 58.08(11)(d)1. 1. Notify the relative caregiver in writing that funding is available and request that the relative caregiver contact the agency if the relative caregiver continues to be interested in and eligible for kinship care payments.

DCF 58.08(11)(d)2. 2. Begin payments to the relative caregiver for the time period beginning no later than the first day of the month beginning after the date that the relative caregiver contacted the kinship care agency to express continued interest in and eligibility for kinship care payments.

DCF 58.08(12) (12)  Documentation.

DCF 58.08(12)(a) (a) Eligibility decisions.

DCF 58.08(12)(a)1. 1. Within 5 working days after making any decision related to a kinship care agency’s determination, redetermination, or review of a relative caregiver’s eligibility for kinship care or long-term kinship care, a kinship care agency that has access to the department’s child welfare automation system shall enter any information related to the decision and any supporting documentation in the child welfare automation system.

DCF 58.08 Note Note: The department’s child welfare automation system is eWiSACWIS.

DCF 58.08(12)(a)2. 2. A kinship care agency that does not have access to the department’s child welfare automation system shall document eligibility decisions by completing the form prescribed by the department and obtaining and retaining supporting documentation as necessary.

DCF 58.08 Note Note: Tribal kinship care agencies do not have access to eWiSACWIS. DCF-F-5370-E, Kinship Care Eligibility Determination, is available on the department’s website at https://dcf.wisconsin.gov/forms.

DCF 58.08(12)(b) (b) Status. A kinship care agency shall enter documentation of any of the following in the department’s child welfare automation system or the department’s automated kinship care tracking system within 5 working days after any of the following events:

DCF 58.08(12)(b)1. 1. A relative caregiver is placed on waiting list.

DCF 58.08(12)(b)2. 2. Kinship care payments or long-term kinship care payments to a relative caregiver begin or end.

DCF 58.08(12)(b)3. 3. A relative caregiver files an appeal of an agency decision under s. DCF 58.11.

DCF 58.08(12)(c) (c) Documentation transfer to or from a tribal agency. A kinship care agency shall transfer documentation regarding a relative caregiver’s eligibility for kinship care or long-term kinship care to another kinship care agency if all of the following conditions are met:

DCF 58.08(12)(c)1. 1. The relative caregiver is receiving kinship care payments or long-term kinship care payments and moves with the child to an area of the state served by another kinship care agency.

DCF 58.08(12)(c)2. 2. The kinship care agency serving the area of either the relative caregiver’s old residence or new residence does not have access to the department’s child welfare automation system.

DCF 58.08(13) (13)  Long-term kinship care agreement. A kinship care agency that determines that a relative caregiver is eligible to receive long-term kinship care payments shall enter into a written agreement with the relative caregiver using a form prescribed by the department. Under the written agreement, the relative caregiver agrees to provide care and maintenance for the child and the kinship care agency agrees to provide long-term kinship care payments to the relative caregiver until the date of a change in circumstances specified in s. 48.57 (3n) (am) 6., Stats., or the date on which the long-term guardianship under a tribal court order that is substantially similar to an order under s. 48.977, Stats., terminates.

DCF 58.08 Note Note: DCF-F-CFS2190-E, Long-Term Kinship Care Agreement, is available on the department’s website at https://dcf.wisconsin.gov/forms.

DCF 58.08(14) (14)  Change in type of relative caregiving.

DCF 58.08(14)(a) (a) Following a change in a relative caregiver’s type of relative caregiving as specified under s. DCF 58.03, the kinship care agency shall determine if the relative caregiver’s eligibility for kinship care or long-term kinship care has changed.

DCF 58.08(14)(b) (b) If the relative caregiver’s eligibility for kinship care or long-term kinship care changes due to a change in the type of relative caregiving under s. DCF 58.03, the kinship care agency shall use information about the relative caregiver and child previously obtained to the extent appropriate to document the relative caregiver’s eligibility following the change in the type of relative caregiving. The kinship care agency may require additional information and actions only as necessary for the eligibility determination and may not require a relative caregiver to complete a new application under s. DCF 58.04 (1).

DCF 58.08 Note Note: For other provisions affecting a change in the type of relative caregiving, see s. DCF 58.06 (1) (c) 2. and sub. (10) (a) 3.

DCF 58.08 Note There are only minor differences in the eligibility criteria for kinship care and long-term kinship care. If a relative caregiver receiving kinship care payments is 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., the kinship care agency and relative caregiver will enter an agreement under sub. (13) and the kinship care agency will update the program type to long-term kinship care.

DCF 58.08(15) (15)  Director’s designee.

DCF 58.08(15)(a) (a) The director may designate an individual to fulfill the director’s responsibilities under ss. DCF 58.05 (7) and 58.11 (1) if the individual is a manager in the kinship care agency and does not directly supervise the agency staff that make eligibility determinations for kinship care or long-term kinship care.

DCF 58.08(15)(b) (b) If a director designates an individual under par. (a), the kinship agency shall submit the name of the designee and the designee’s position in the agency to the department each January.

DCF 58.08 Note Note: Submit notice of a designee to the Kinship Care Program Coordinator, DCF/DSP, P.O. Box 8916, Madison, WI 53708−8916.

DCF 58.08(16) (16)  Overpayments.

DCF 58.08(16)(a) (a) A kinship care agency may recover an overpayment of kinship care or long-term kinship care from a relative caregiver by any of the following means:

DCF 58.08(16)(a)1. 1. Reducing the amount of relative caregiver’s monthly kinship care payment or long-term kinship care payment by an amount agreed to by the relative caregiver and the kinship care agency.

DCF 58.08(16)(a)2. 2. Requesting payment within a specified time period.

DCF 58.08(16)(a)3. 3. Negotiating a payment plan.

DCF 58.08(16)(b) (b)

DCF 58.08(16)(b)1. 1. A county department of social services under s. 46.22, Stats., a county department of human services under s. 46.23, Stats., or a tribal agency that recovers an overpayment under this section due to the county department’s or tribal agency’s efforts may retain the amount recovered.

DCF 58.08(16)(b)2. 2. Funds retained under subd. 1. may only be spent on the county department’s or tribal agency’s kinship care or long-term kinship care program.

DCF 58.08(16)(b)3. 3. If the county department or tribal agency has not spent the retained funds under subd. 1. by the end of the contract period, the department shall recover the funds through the contracting process.

DCF 58.08(17) (17)  Federal reporting requirements. Each kinship care agency shall provide information to the department necessary for compliance with federal data collection and reporting requirements under 45 CFR part 265, as determined by the department.

DCF 58.08 Note Note: Agency responsibilities will be specified in the county and tribal contracts with the department.

DCF 58.08 History History: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (4) (a) 1. b., (b) 2., (5) (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register October 2020 No. 778; CR 21-107: am. (4) (a) 3. a., (b) 2., (5) (b), (9) (b) 1., (11) (a) 1. d., (13) Register June 2022 No. 798, eff. 7-1-22.

DCF 58.09 DCF 58.09 Special provisions for court-ordered kinship care and long-term kinship care.

DCF 58.09(1) (1) Payments pending decision on foster care application. In this section: Subject to subs. (2) and (3), a kinship care agency may make kinship care payments or long-term kinship care payments to a relative caregiver that is providing care and maintenance for a child who is placed in the home of the relative caregiver under a court order or a voluntary transition-to-independent-living agreement until the earlier of the following:

DCF 58.09(1)(a) (a) The date that is 60 days after the date on which the kinship care agency received the complete application of the relative caregiver for a license to operate a foster home under ss. DCF 58.04 (1) and 58.08 (1) (a).

DCF 58.09(1)(b) (b) The date on which the application for a license to operate a foster home is approved or denied or the relative caregiver is otherwise determined to be ineligible for licensure, if the application is approved or denied or the relative caregiver is otherwise determined to be ineligible for licensure within those 60 days.

DCF 58.09(2) (2) Payment extension if no-fault delay. If the application for a license to operate a foster home is not approved or denied or the relative caregiver is not otherwise determined to be ineligible for licensure within 60 days after the date on which the kinship care agency received the completed application under s. DCF 58.08 (1) for any reason other than an act or omission of the relative caregiver, the kinship care agency may make payments until the earlier of the following:

DCF 58.09(2)(a) (a) Four months after the date on which the kinship care agency received the completed application under s. DCF 58.08 (1) (a).

DCF 58.09(2)(b) (b) The date on which the application is approved or denied or the relative caregiver is otherwise determined to be ineligible for licensure if the application is approved or denied or the relative caregiver is otherwise determined to be ineligible for licensure within those 4 months.

DCF 58.09(3) (3) Court approves continued placement in relative caregiver’s home. Notwithstanding that a relative caregiver’s application for a license to operate a foster home is denied or the relative caregiver is otherwise determined to be ineligible for licensure, the kinship care agency may make payments to a relative caregiver for as long as all other requirements to receive kinship care payments or long-term kinship care payments, as applicable, are met if the court orders the child to remain in the relative caregiver’s home based on all of the following information if submitted to the court by the kinship care agency:

DCF 58.09(3)(a) (a) Information that the kinship care agency gathered for the background check required under s. 48.57 (3p), Stats., and s. DCF 58.05.

DCF 58.09(3)(b) (b) The kinship care agency’s assessment of the ability of the relative caregiver to care for the child and safety of the relative caregiver’s home under ss. DCF 58.06 and 58.08 (4) (a).

DCF 58.09(3)(c) (c) A recommendation by the kinship care agency that the child remain in the home of the relative caregiver.

DCF 58.09 Note Note: DCF-F-2479-E, Relative Caregiver Licensing Decision, is available on the department’s website at https://dcf.wisconsin.gov/forms.

DCF 58.09(4) (4) Court denies continued placement. If a relative caregiver’s application for a license to operate a foster home is denied or the relative caregiver is otherwise determined to be ineligible for licensure and the court does not order the child to remain in the relative caregiver’s home under sub. (3), the kinship care agency shall request a change in placement under s. 48.357 (1) (am) or 938.357 (1) (am), Stats., or a termination of the guardianship order under s. 48.977 (7), Stats., for a relative caregiver that applied for long-term kinship care payments. Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a), Stats., may also request a change in placement. Any person who is authorized to file a petition for the appointment of a guardian for the child under s. 48.977, Stats., may also request a termination of the guardianship order.

DCF 58.09 History History: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20.

DCF 58.10 DCF 58.10 Change in circumstances.