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 NoteNote: Agency responsibilities will be specified in the county and tribal contracts with the department.
DCF 58.08 HistoryHistory: 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 58.09DCF 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)(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)(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(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 HistoryHistory: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20. DCF 58.10(1)(a)(a) A relative caregiver shall notify the kinship care agency within 5 working days after the date that any of the following occur: DCF 58.10(1)(a)2.2. The relative caregiver or a prospective employee, employee, prospective adult resident, or adult resident is the subject of an investigation or final substantiated finding that the person has abused or neglected a child. DCF 58.10(1)(a)3.3. The relative caregiver or a prospective employee, employee, prospective adult resident, or adult resident is arrested for, charged with, or convicted of any crime. DCF 58.10(1)(a)9.9. The child graduates, completes, or drops out from a full-time, kindergarten to 12th grade educational program or its equivalent, and the child is 18 years of age or older. DCF 58.10(1)(a)10.10. An individualized education program under s. 115.787, Stats., is no longer in effect for the child, and the child is 18 years of age or older. DCF 58.10(1)(a)12.12. The child’s parent is residing with the relative caregiver and the child. DCF 58.10(1)(a)13.13. The child is placed outside the relative caregiver’s home under a court order, voluntary placement agreement, or a voluntary transition-to-independent-living agreement. DCF 58.10(1)(a)14.14. The child is placed in the relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement. DCF 58.10(1)(a)15.15. The relative caregiver 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. DCF 58.10(1)(a)16.16. The relative caregiver’s guardianship order under s. 48.977, Stats., or a tribal court order that is substantially similar to an order under s. 48.977, Stats., terminates. DCF 58.10(1)(a)17.17. The relative caregiver begins receiving foster care payments under s. 48.62 (4), Stats., or from another jurisdiction. DCF 58.10(1)(a)18.18. The relative caregiver begins receiving subsidized guardianship payments for care of the child under s. 48.623, Stats., or comparable payments from another jurisdiction. DCF 58.10(1)(b)1.1. A relative caregiver shall notify the kinship care agency that a person intends to become an adult resident in the relative caregiver’s home as soon as possible before the person begins residing in the home, except as provided under subd. 2. DCF 58.10(1)(b)2.2. If a person becomes an adult resident in a relative caregiver’s home without advance notice to the relative caregiver, the relative caregiver shall notify the kinship care agency no later than 5 working days after the person became an adult resident. DCF 58.10(1)(c)(c) A relative caregiver shall notify the kinship care agency of a prospective new employee before employing the person. DCF 58.10(2)(a)(a) A kinship care agency that receives notice from the relative caregiver or otherwise knows or suspects that a change specified in sub. (1) has occurred shall review whether the relative caregiver continues to be eligible for kinship care payments or long-term kinship care payments within 20 calendar days. DCF 58.10(2)(b)(b) A kinship care agency may allow the child’s parent to reside with the relative caregiver and the child for no more than 30 calendar days, unless the relative caregiver is providing care for the child’s parent and any of the following apply: DCF 58.10 NoteNote: See s. DCF 58.02 (4) for the definition of “child” for purposes of this chapter. DCF 58.10(2)(b)2.2. The child’s parent is subject to an order for adult protective services or protective placement under s. 55.12, Stats., or a substantially similar tribal law. DCF 58.10(3)(a)1.1. A kinship care agency shall redetermine the eligibility of a relative caregiver to receive kinship care payments or long-term kinship care payments at least every 12 months after the agency began making kinship care payments or long-term kinship care payments to the relative caregiver. DCF 58.10(3)(a)2.2. If the relative caregiver is caring for more than one child and the kinship care payments or long-term kinship care payments began on different dates, the kinship care agency shall redetermine the relative caregiver’s eligibility at least 12 months from the redetermination date under s. DCF 58.08 (7) (d) or otherwise establish a single annual redetermination date for the relative caregiver. DCF 58.10(3)(b)1.1. Sixty days before a relative caregiver’s annual redetermination date established under par. (a), the kinship care agency shall send to the relative caregiver a form prescribed by the department that requests the relative caregiver to indicate whether any of the circumstances specified under s. DCF 58.10 (1) have occurred and the last grade that the child has completed. DCF 58.10(3)(b)2.2. The form under subd. 1. shall also direct the relative caregiver to contact the kinship care agency to schedule a time for the agency to visit the relative caregiver’s home if the relative caregiver is receiving voluntary kinship care payments or long-term kinship care payments. DCF 58.10 NoteNote: DCF-F-5369-E, Kinship Care Request for Information to Determine Continued Eligibility, is available on the department’s website at https://dcf.wisconsin.gov/forms. DCF 58.10(3)(c)(c) Voluntary and long-term kinship care; home visit. If the relative caregiver is receiving voluntary kinship care payments or long-term kinship care payments, the kinship care agency shall visit the relative caregiver’s home and determine whether living with the relative caregiver continues to be in the best interests of the child under s. DCF 58.06 (1) to (4). DCF 58.10(3)(d)(d) Voluntary kinship care. If the relative caregiver is receiving voluntary kinship care payments, the kinship care agency shall also determine all of the following: DCF 58.10(4)(a)(a) Definition of child. A relative caregiver may be eligible to receive kinship care payments or long-term kinship care payments for the care of a child who has attained the age of 18 years if the child meets the conditions under s. DCF 58.02 (4) (a) or (b) and other eligibility requirements in this chapter and s. 48.57 (3m), (3n), and (3p), Stats., as applicable, are met. DCF 58.10(4)(b)(b) Voluntary kinship care and long-term kinship care procedures. To determine if the eligibility of a relative caregiver receiving voluntary kinship care payments or long-term kinship care payments is expected to continue when the child turns 18 years old, the kinship care agency shall do all of the following: DCF 58.10(4)(b)1.1. Six months before the child’s 18th birthday, the kinship care agency shall send the relative caregiver a form prescribed by the department that notifies the relative caregiver that kinship care payments or long-term kinship care payments will terminate when the child turns 18 years old unless the relative caregiver provides information regarding potential eligibility for the payments to continue. DCF 58.10 NoteNote: DCF-F-5373-E, Advance Notice of Termination of Kinship Care at Age 18, is available on the department’s website at https://dcf.wisconsin.gov/forms. DCF 58.10(4)(b)2.2. If the kinship care agency has not received the completed form under subd. 1. and any necessary documentation from the relative caregiver by 60 days before the child’s 18th birthday, the kinship care agency shall send a second copy of the form to the relative caregiver. DCF 58.10(4)(b)3.3. If the kinship care agency has not received the completed form under subd. 1. or 2. with any necessary documentation from the relative caregiver by 30 days before the child’s 18th birthday, the payment for the month of the child’s 18th birthday shall be the last payment. DCF 58.10(4)(b)4.4. If the kinship care agency receives the completed form under subd. 1. or 2. and any necessary documentation from the relative caregiver 30 days or more before the child’s 18th birthday, the kinship care agency shall determine if eligibility will continue when the child turns 18 years old and send the notice of decision on a form prescribed by the department within 15 days after receiving the relative caregiver’s completed form and any necessary documentation. DCF 58.10(4)(c)1.1. To determine if a relative caregiver’s eligibility for kinship care is expected to continue when a child turns 18 years old if the child 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 kinship care agency that has access to the department’s child welfare automation system shall do all of the following: DCF 58.10(4)(c)1.a.a. At least 45 days before the child’s 18th birthday, verify that the child welfare agency that has placement and care responsibility of the child has entered the information that is necessary to determine the relative caregiver’s continued eligibility into the department’s child welfare automation system. If the necessary information has not been entered, the kinship care agency shall contact the child welfare agency. DCF 58.10(4)(c)1.b.b. At least 30 days before the child’s 18th birthday, determine if eligibility will continue when the child turns 18 years old and send the notice of decision on a form prescribed by the department. DCF 58.10(4)(c)2.2. A kinship care agency that does not have access to the department’s child welfare automation system shall use the procedures in par. (b) to determine if eligibility is expected to continue when the child turns 18 years old and the relative caregiver is 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. DCF 58.10 NoteNote: DCF-F-5373-E, Advance Notice of Termination of Kinship Care at Age 18, is available on the department’s website at https://dcf.wisconsin.gov/forms. DCF 58.10 HistoryHistory: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (1) (a) 19. made under s. 13.92 (4) (b) 7., Stats., Register October 2020 No. 778; CR 21-107: am. (1) (a) 13., 15., 16., (2) (b) 2. Register June 2022 No. 798, eff. 7-1-22; reprinted to correct transcription error Register August 2022 No. 800. DCF 58.11(1)(1) Kinship care; director review of background check denial. DCF 58.11(1)(a)1.1. A relative caregiver applying for or receiving kinship care payments may submit a request for review by the director of the kinship care agency if the relative caregiver receives a written notice of any of the following: DCF 58.11(1)(a)1.a.a. Kinship care payments are denied or terminated because the background check of the relative caregiver indicates a conviction or imposition of a penalty specified under s. 48.57 (3p) (g), Stats., and s. DCF 58.05 (6). DCF 58.11(1)(a)1.b.b. The background check of a prospective adult resident, adult resident, prospective employee, or employee indicates a conviction or imposition of a penalty specified under s. 48.57 (3p) (g), Stats., and s. DCF 58.05 (6), and kinship care payments will be denied or terminated if the relative caregiver permits the prospective adult resident to reside in the relative caregiver’s home, continues to permit the adult resident to reside in the relative caregiver’s home, employs the prospective employee, or continues to employ the employee. DCF 58.11(1)(a)2.2. A relative caregiver’s request for review shall be addressed to the director and submitted to the kinship care agency in the manner specified in the notice no later than 45 days after the date of the notice under subd. 1. DCF 58.11(1)(a)3.3. The kinship care agency shall continue kinship care payments to a relative caregiver if the relative caregiver submits a request for review by the director within 10 days after the date of a notice of termination, pending the director’s written notice of determination under par. (c) and, if the relative caregiver submits a request for a hearing under sub. (2) within 10 days after the date of the director’s written notice of determination under par. (c), the hearing decision. DCF 58.11(1)(b)(b) Standard for review. Within 30 days after the kinship care agency receives the relative caregiver’s request for review under par. (a), the director shall determine if the conviction record on which the denial, termination, prospective denial, or prospective termination was based includes any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the relative caregiver to care for the child. In reviewing the conviction record, the director shall consider all of the following factors: DCF 58.11(1)(b)1.1. The length of time between the date of the arrest, conviction, or imposition of the penalty and the date of the review.
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Chs. DCF 021-99; Safety and Permanence
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