Chapter DCF 58

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)(a)19. 19. The child begins 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.

DCF 58.10(1)(a)20. 20. A person residing in the relative caregiver’s home no longer meets the definition of “child” under s. DCF 58.02 (4).

DCF 58.10(1)(b) (b)

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) (2) Agency review.

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(2)(b)1. 1. The child’s parent is a child.

DCF 58.10 Note Note: 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) (3) Annual eligibility redetermination.

DCF 58.10(3)(a) (a) Annual redetermination date.

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) (b) Redetermination form.

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 Note Note: 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(3)(d)1. 1. Whether there continues to be a need for the child to live with the relative caregiver under s. DCF 58.06 (5) (a).

DCF 58.10(3)(d)2. 2. Whether the conditions under s. DCF 58.07 (1), regarding the child’s need for protection or services, are met.

DCF 58.10(4) (4)  Eligibility after age 17.

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 Note Note: 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) (c) Court-ordered kinship care procedures.

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 Note Note: 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 History History: 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 DCF 58.11 Appeal rights.

DCF 58.11(1) (1) Kinship care; director review of background check denial.

DCF 58.11(1)(a) (a) Request for review.

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.

DCF 58.11(1)(b)2. 2. The nature of the alleged violation, violation, or penalty and how that alleged violation, violation, or penalty affects the ability of the relative caregiver to care for the child.

DCF 58.11(1)(b)3. 3. Whether making an exception to the denial would be in the best interests of the child.

DCF 58.11(1)(c) (c) Director’s determination. Within 10 working days after making the determination under par. (b), the kinship care agency shall send the relative caregiver a written notice of the director’s determination and a summary of the relative caregiver’s right to a hearing under sub. (2) and s. 48.57 (3m) (f) and (g), Stats.

DCF 58.11 Note Note: A relative caregiver applying for or receiving long-term kinship care is not eligible for a review by the director because the director makes background check determinations for long-term kinship care under s. DCF 58.05 (7).

DCF 58.11(2) (2) Request for hearing.

DCF 58.11(2)(a) (a) Notice of agency action. A relative caregiver may submit a request for a hearing to the division of hearings and appeals in the manner specified in the notice no later than 45 days after the date of a notice from the kinship care agency of any of the following:

DCF 58.11(2)(a)1. 1. A denial or termination of kinship care payments or long-term kinship care payments for a reason other than as specified under s. DCF 58.05 (6) or (7).

DCF 58.11(2)(a)2. 2. A denial or termination of kinship care payments following the director’s review of the relative caregiver’s conviction record under sub. (1).

DCF 58.11(2)(a)3. 3. A determination by a director, after reviewing the conviction record of a prospective adult resident, adult resident, prospective employee, or employee under sub. (1), that kinship care payments will be denied or terminated if the relative caregiver does any of the following:

DCF 58.11(2)(a)3.a. a. Permits the prospective adult resident, or continues to permit the adult resident, to reside in the relative caregiver’s home.

DCF 58.11(2)(a)3.b. b. Employs the prospective employee or continues to employ the employee.

DCF 58.11(2)(a)4. 4. A denial or termination of long-term kinship care payments based on the background check of the relative caregiver under s. DCF 58.05 (7).

DCF 58.11(2)(a)5. 5. A determination by a director, based on the background check of a prospective adult resident, adult resident, prospective employee, or employee, that long-term kinship care payments will be denied or terminated if the relative caregiver does as provided under subd. 3. a. or b.

DCF 58.11(2)(a)6. 6. A determination under s. DCF 58.06 (3) that it is not in the best interests of the child for the relative caregiver to do any of the following:

DCF 58.11(2)(a)6.a. a. Permit a prospective adult resident to reside, or continue to permit an adult resident to reside, in the relative caregiver’s home.

DCF 58.11(2)(a)6.b. b. Employ a prospective employee or continue to employ an employee.

DCF 58.11(2)(a)7. 7. The relative caregiver received the first written notice of an overpayment.

DCF 58.11(2)(b) (b) Failure to act on application. If the kinship care agency fails to act on a relative caregiver’s complete application as specified under s. DCF 58.08 (1) (a), the relative caregiver may submit a request for a hearing to the division of hearings and appeals no later than 45 days after the date of the deadline for the kinship care agency to process the application under s. DCF 58.08 (1) (b).

DCF 58.11 Note Note: A request for a hearing may be mailed to Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875; faxed to [phone]; or delivered to 4822 Madison Yards Way, Madison, WI 53705.

DCF 58.11(2)(c) (c) No division of hearings and appeals hearing right. A relative caregiver may not be granted a hearing with the division of hearings and appeals if any of the following conditions is met:

DCF 58.11(2)(c)1. 1. The relative caregiver is applying for or receiving kinship care payments, the kinship care agency sent the relative caregiver the notice specified under sub. (1) (a) 1., and any of the following:

DCF 58.11(2)(c)1.a. a. The relative caregiver has not requested a review by the director under sub. (1).

DCF 58.11(2)(c)1.b. b. The relative caregiver requested a review by the director under sub. (1), the director has not sent a notice of the determination, and the time allowed for the director to send the notice of the determination has not expired.

DCF 58.11(2)(c)2. 2. The kinship care agency determined that the person was ineligible for kinship care or long-term kinship care within the previous 2 years, and the reason for the denial or termination has not changed.

DCF 58.11 Note Note: For kinship care, the procedures for a hearing with the Division of Hearings and Appeals are under s. 48.57 (3m) (g), Stats. For long-term kinship care, the procedures for a hearing with the Division of Hearings and Appeals are under s. 48.57 (3n) (g), Stats.

DCF 58.11 History History: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (2) (a) 1., (b) made under s. 35.17, Stats., Register October 2020 No. 778.

DCF 58.12 DCF 58.12 Procedures for requesting an exemption for good cause to the requirement for cooperation in securing child support.

DCF 58.12(1) (1) Definitions. In this section:

DCF 58.12(1)(a) (a) “Emotional harm” means that the child or relative caregiver is emotionally impaired to an extent that substantially affects the child’s or relative caregiver’s functioning.

DCF 58.12(1)(b) (b) “Serious nature” means:

DCF 58.12(1)(b)1. 1. In reference to a relative caregiver, that the physical or emotional impairment is or will affect the relative caregiver’s capacity to care for the child.

DCF 58.12(1)(b)2. 2. In reference to a child, that the physical or emotional impairment is or will affect the child’s emotional, mental, or physical functioning.

DCF 58.12(2) (2) Right to request good cause exemption. A relative caregiver may request a good cause exemption from the requirement under s. DCF 58.04 (2) (e) to cooperate with the kinship care agency in referring the child’s parent or parents to the child support agency.

DCF 58.12(3) (3) Claiming good cause.

DCF 58.12(3)(a) (a) Notice.

DCF 58.12(3)(a)1. 1. A kinship care agency shall notify the relative caregiver of the opportunity to claim a good cause exemption in the application for kinship care or long-term kinship care.