Chapter DCF 58

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.

Ch. DCF 58 Note 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 Chapter HFS 58 as it existed in January 31, 2002 was repealed and a new chapter HFS 58 was created effective February 1, 2002.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 Chapter DCF 58 as it existed on October 31, 2020, was repealed and a new chapter DCF 58 was created effective November 1, 2020, Register October 2020 No. 778.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 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.

DCF 58.01 History History: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20.

DCF 58.02 DCF 58.02 Definitions. In this chapter:

DCF 58.02(1) (1)  “Adult resident” means a person 18 years of age or over who meets any of the following conditions:

DCF 58.02(1)(a) (a) Lives at the home of a relative caregiver with the intent of making that home the person’s home.

DCF 58.02(1)(b) (b) Lives at the home of a relative caregiver for more than 30 days cumulative in any 6-month period.

DCF 58.02(2) (2)  “Background check” means the requirements under s. 48.57 (3p), Stats., and s. DCF 58.05.

DCF 58.02(3) (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.

DCF 58.02 Note Note: DCF-F-2978-E, Background Information Disclosure, is available on the department’s website at https://dcf.wisconsin.gov/forms.

DCF 58.02(4) (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:

DCF 58.02(4)(a) (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.

DCF 58.02(4)(b) (b) The person is under 21 years of age and meets all of the following conditions:

DCF 58.02(4)(b)1. 1. The person is a full-time student at a secondary school or its vocational or technical equivalent.

DCF 58.02(4)(b)2. 2. There is an individualized education program under s. 115.787, Stats., in effect for the person.

DCF 58.02(4)(b)3. 3. The person is placed in the home of the relative caregiver under any of the following:

DCF 58.02(4)(b)3.a. 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.

DCF 58.02(4)(b)3.b. b. A voluntary transition-to-independent-living agreement.

DCF 58.02(4)(b)3.c. 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.

DCF 58.02(5) (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.

DCF 58.02(6) (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.

DCF 58.02(7) (7)  “Conviction record” means the record of a person’s arrests and convictions.

DCF 58.02(8) (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.

DCF 58.02(9) (9)  “Custodial parent” means a parent that has legal custody of a child.

DCF 58.02(10) (10)  “Department” means the department of children and families.

DCF 58.02(11) (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.

DCF 58.02(12) (12)  “Division of hearings and appeals” means the division of hearings and appeals in the department of administration.

DCF 58.02(13) (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.

DCF 58.02(14) (14)  “Final substantiated finding” means all of the following:

DCF 58.02(14)(a) (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.

DCF 58.02(14)(b) (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.

DCF 58.02(14)(c) (c) A finding that is comparable to a final substantiated finding in any other jurisdiction.

DCF 58.02(15) (15)  “Kinship care” means the program under s. 48.57 (3m), Stats.

DCF 58.02(16) (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.

DCF 58.02(17) (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.

DCF 58.02(18) (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.

DCF 58.02 Note 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.

DCF 58.02(19) (19)  “Long-term kinship care” means the program under s. 48.57 (3n), Stats.

DCF 58.02(20) (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.

DCF 58.02(21) (21)  “Medical assistance” means the assistance program under 42 USC chapter 7, subchapter XIX, and subch. IV of ch. 49, Stats.

DCF 58.02(22) (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.

DCF 58.02(23) (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.

DCF 58.02(23g) (23g) “Tribal court order” means an order of a tribal court located in Wisconsin.

DCF 58.02(23r) (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.

DCF 58.02(24) (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.

DCF 58.02(24m) (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.

DCF 58.02(25) (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.

DCF 58.02 History History: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (21) made under s. 35.17, Stats., Register October 2020 No. 778; CR 21-107: am. (4) (b) 3. a., (8), (14) (b), cr. (23g), (23r), (24m), am. (25) Register June 2022 No. 798, eff. 7-1-22.

DCF 58.03 DCF 58.03 Types of relative caregiving. This chapter applies to the following types of relative caregiving of a child:

DCF 58.03(1) (1) Court-ordered out-of-home care placement. A relative applying for or 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 and is under the placement and care responsibility of a child welfare agency. A relative under this subsection shall also apply for or have applied for a license to operate a foster home under ch. DCF 56, unless the child was placed in the relative caregiver’s home by a court order of a tribal court.

DCF 58.03(2) (2) Voluntary. A relative applying for or receiving kinship care payments on behalf of a child residing with the relative for a child that was 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. The child’s living arrangement with the relative may be informal or the relative may be the child’s guardian under s. 48.9795, Stats., or a tribal private guardianship order.

DCF 58.03(3) (3) Guardian appointed for child in need of protection or services. A relative that is applying for or receiving long-term kinship care payments and is a 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 58.03 History History: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (1) made under s. 35.17, Stats., and correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register October 2020 No. 778; CR 21-107: am. (2), (3) Register June 2022 No. 798, eff. 7-1-22.

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

DCF 58.04(1) (1) Application.

DCF 58.04(1)(a) (a) All applicants. The relative caregiver applies for kinship care payments or long-term kinship care payments using the application form prescribed by the department.

DCF 58.04(1)(b) (b) Court-ordered out-of-home care placement.

DCF 58.04(1)(b)1. 1. If the child is 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, the relative caregiver also completes the application for a license to operate a foster home, including the completion of forms prescribed by the department under ch. DCF 56.

DCF 58.04(1)(b)2. 2. Notwithstanding subd. 1., a relative caregiver of a child placed in the relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement is not required to apply for a license to operate a foster home if the child was placed in the relative caregiver’s home by a court order of a tribal court.

DCF 58.04 Note Note: If a relative caregiver has a private guardianship of the child under s. 48.9795, Stats., or a tribal private guardianship order, a child welfare agency does not have placement and care responsibility for the child, unless there is another court order giving the child welfare agency placement and care responsibility.

DCF 58.04(1)(c) (c) More than one child. A relative caregiver may apply for kinship care or long-term kinship care for more than one child on the same application form.

DCF 58.04 Note Note: DCF-F-CFS2023, Kinship Care Payment Application, is the application prescribed by the department if the relative caregiver is not required to apply for a license to operate a foster home. DCF-F-2483-E, Joint Court-Ordered Kinship Care and Foster Care Application –Part A is the application form prescribed by the department if the child is in a court-ordered out-of-home care placement. Both application forms are available on the department’s website at https://dcf.wisconsin.gov/forms.

DCF 58.04(2) (2) Cooperation with agency. The relative caregiver cooperates with the kinship care agency, including all of the following:

DCF 58.04(2)(a) (a) Completing and returning any forms prescribed by the department.

DCF 58.04(2)(b) (b) Returning phone calls from the kinship care agency.

DCF 58.04(2)(c) (c) Providing information through home visits, interviews, and documentation as necessary for the kinship care agency to determine or redetermine the eligibility of the relative caregiver for kinship care or long-term kinship care.

DCF 58.04(2)(d) (d) Applying for other forms of assistance for which the child may be eligible, including financial assistance and medical assistance for the child.

DCF 58.04 Note Note: See the Kinship Navigator Portal at https://dcf.wi.gov/kinship/navigator for information on available resources.

DCF 58.04(2)(e) (e) Cooperating with referral of the child’s parent or parents to the child support agency, except in any of the following circumstances:

DCF 58.04(2)(e)1. 1. The child is 18 years of age or over.

DCF 58.04(2)(e)2. 2. The relative caregiver has a pending good cause claim under s. DCF 58.12.

DCF 58.04(2)(e)3. 3. The relative caregiver requested and the kinship care agency granted a good cause exemption to the requirement that a relative caregiver cooperate with referring the child’s parent to the child support agency under s. DCF 58.12.

DCF 58.04(2)(f) (f) Notifying the kinship care agency of a change in circumstances specified under s. DCF 58.10 (1).

DCF 58.04(2)(g) (g) Cooperating with eligibility redeterminations and reviews under s. DCF 58.10.