Wisconsin Legislature: Ch. DCF 58 TOC

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Chapter DCF 58

KINSHIP CARE AND LONG-TERM KINSHIP CARE

DCF 58.01 Purpose.

DCF 58.02 Definitions.

DCF 58.03 Types of relative caregiving.

DCF 58.04 Requirements for applicants and kinship care and long-term kinship care relatives.

DCF 58.05 Background check.

DCF 58.06 Best interests of the child.

DCF 58.07 Need for protection or services.

DCF 58.08 Agency procedures.

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

DCF 58.10 Change in circumstances.

DCF 58.11 Appeal rights.

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

Note: Ch. HSS 58 was renumbered to ch. HFS 58 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, November, 2000, No. 539. Chapter HFS 58 as it existed in January 31, 2002 was repealed and a new chapter HFS 58 was created effective February 1, 2002. Chapter HFS 58 was renumbered to chapter DCF 58 under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635. Chapter DCF 58 as it existed on October 31, 2020, was repealed and a new chapter DCF 58 was created effective November 1, 2020, Register October 2020 No. 778.

DCF 58.01 Purpose. This chapter is promulgated under the authority of ss. 48.57 (3m) (h) and (i) and (3n) (h) and (i) and 227.11 (2), Stats., to establish criteria and procedures for determining initial and continuing eligibility of a relative providing care and maintenance for a child for a monthly payment to assist with the expenses involved in providing that care and maintenance and for recovering overpayments.

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

DCF 58.02 Definitions. In this chapter:

(1) “Adult resident” means a person 18 years of age or over who meets any of the following conditions:

(a) Lives at the home of a relative caregiver with the intent of making that home the person’s home.

(b) Lives at the home of a relative caregiver for more than 30 days cumulative in any 6-month period.

(2) “Background check” means the requirements under s. 48.57 (3p), Stats., and s. DCF 58.05.

(3) “Background information disclosure” means the form prescribed by the department on which a person provides information for purposes of the background check under s. 48.57 (3p), Stats., and s. DCF 58.05.

Note: DCF-F-2978-E, Background Information Disclosure, is available on the department’s website at https://dcf.wisconsin.gov/forms.

(4) “Child” means a person under 18 years of age. “Child” also includes a person 18 years of age or over if any of the following applies:

(a) The person is under 19 years of age, is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete the program of study and be granted a high school or high school equivalency diploma.

(b) The person is under 21 years of age and meets all of the following conditions:

1. The person is a full-time student at a secondary school or its vocational or technical equivalent.

2. There is an individualized education program under s. 115.787, Stats., in effect for the person.

3. The person is placed in the home of the relative caregiver under any of the following:

a. A court order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365, Stats., that terminates under s. 48.355 (4) (b) or 938.355 (4) (am), Stats., after the person attains 18 years of age, or a substantially similar tribal court order.

b. A voluntary transition-to-independent-living agreement.

c. The placement and care responsibility of another state under 42 USC 675 (8) (B) (iv) until that state provides reimbursement for the placement of the child in a relative caregiver’s home in Wisconsin.

(5) “Child support agency” means a county or tribal office, officer, board, department, or agency designated by the county board or elected tribal council to administer the child support, spousal support, and establishment of paternity program on behalf of the department pursuant to s. 59.53 (5), Stats., or a cooperative agreement with the department.

(6) “Child welfare agency” means a county department of social services under s. 46.22, Stats.; a county department of human services under s. 46.23, Stats.; the department in a county having a population of 750,000 or more; a tribal agency appointed by the tribal governing body; or another state that has placement and care responsibility under 42 USC 675 (8) (B) (iv) of a child in Wisconsin until the other state provides reimbursement for the child’s placement in a relative caregiver’s home in Wisconsin.

(7) “Conviction record” means the record of a person’s arrests and convictions.

(8) “Court order” means a court order under s. 48.21, 48.355, 48.217, 48.357, 48.365, 938.21, 938.217, 938.355, 938.357, or 938.365, Stats., that terminates under s. 48.355 (4) (b) or 938.355 (4) (am), Stats., after the person attains 18 years of age, or a substantially similar tribal court order.

(9) “Custodial parent” means a parent that has legal custody of a child.

(10) “Department” means the department of children and families.

(11) “Director” means the director of a county department of social services under s. 46.22, Stats., or a county department of human services under s. 46.23, Stats.; the division administrator of the department’s division of Milwaukee child protective services; or the person designated by the governing body of a Wisconsin tribe.

(12) “Division of hearings and appeals” means the division of hearings and appeals in the department of administration.

(13) “Employee” means a person hired by a relative caregiver to work in a position in which the person has contact with the child on a regular basis.

(14) “Final substantiated finding” means all of the following:

(a) A final determination made after January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 5m., Stats., and s. DCF 40.04 if the final determination has not been reversed or modified on appeal.

(b) A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4., Stats., if the determination has not been reversed or modified on appeal.

(15) “Kinship care” means the program under s. 48.57 (3m), Stats.

(16) “Kinship care agency” or “agency” means a county department of social services under s. 46.22, Stats.; a county department of human services under s. 46.23, Stats.; the department in a county having a population of 750,000 or more; a tribal agency appointed by the tribal governing body that has entered an agreement with the department to administer kinship care or long-term kinship care as provided under s. 48.57 (3t), Stats.; or a public or private agency under contract with a county department, the department, or a tribal agency for the purpose of administering all or part of kinship care or long-term kinship care.

(17) “Kinship care payment” means a monthly payment in an amount specified in s. 48.57 (3m) (am), Stats., that is paid to a relative caregiver that has been determined eligible for payments under s. 48.57 (3m) and (3p), Stats., and this chapter.

(18) “Legal custody” means, with respect to an individual with legal custody of a child, the right and responsibility to make major decisions, as defined under s. 767.001 (2m), Stats., concerning the child.

Note: Section 767.001 (5), Stats., defines “physical placement” as the condition under which a party has the right to have a child physically placed with that party and has the right and responsibility to make, during that placement, routine daily decisions regarding the child’s care, consistent with major decisions made by a person having legal custody.

(19) “Long-term kinship care” means the program under s. 48.57 (3n), Stats.

(20) “Long-term kinship care payment” means a monthly payment in an amount specified in s. 48.57 (3n) (am), Stats., that is paid to a relative caregiver that has been determined eligible under s. 48.57 (3n) and (3p), Stats., and this chapter.

(21) “Medical assistance” means the assistance program under 42 USC chapter 7, subchapter XIX, and subch. IV of ch. 49, Stats.

(22) “Relative” means an adult that is the child’s stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd cousin, nephew, niece, uncle, aunt, stepuncle, stepaunt, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person named in this subsection, even if the marriage is terminated by death or divorce.

(23) “Relative caregiver” means a relative that is providing care and maintenance for a child and is applying for, or receiving, kinship care payments or long-term kinship care payments.

(23g) “Tribal court order” means an order of a tribal court located in Wisconsin.

(23r) “Tribal private guardianship order” means a guardianship order of a tribal court that is granted under a tribal law that is substantially similar to s. 48.9795, Stats.

(24) “Voluntary kinship care” means the program under s. 48.57 (3m), Stats., when the child is not placed in the relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement and is not under the placement and care responsibility of a child welfare agency.

(24m) “Voluntary placement agreement” means an agreement under s. 48.63 (1) (a) or (b) or (5) (b), Stats., or a substantially similar tribal law of a tribe located in Wisconsin.

(25) “Voluntary transition-to-independent-living agreement” means a voluntary agreement under s. 48.366 (3) or 938.366 (3), Stats., or a substantially similar tribal law of a tribe located in Wisconsin.