Chapter DCF 58

DCF 58.05 Note Note: A reverse search of the sex offender registry by address can be done by entering the relative caregiver’s address at https://doc.wi.gov/community-resources/offender-registry. The Wisconsin Sex Offender Registry does not contain information on all convicted sex offenders.

DCF 58.05 Note The information is limited by the effective date of the applicable law and to those offenders who have been arrested and convicted, adjudicated, or committed for a crime specified under the law and who meet registration and publication requirements.

DCF 58.05 Note For example, certain sex offenses by juveniles or other persons may not meet registration or publication requirements. Please consider these limitations when obtaining information from the sex offender registry.

DCF 58.05(5) (5)  Further investigation. If a relative caregiver is applying for or receiving kinship care payments, the kinship care agency shall investigate further if the criminal history records of the person who is the subject of the background check indicate any of the following:

DCF 58.05(5)(a) (a) If the criminal history records indicate a charge of a crime specified in s. 48.57 (3p) (g), Stats., or comparable law in another jurisdiction, but do not completely and clearly indicate the final disposition of the charge, the kinship care agency shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge.

DCF 58.05(5)(b) (b) If the background information disclosure indicates a charge or conviction of a crime specified in s. 48.57 (3p) (g), Stats., or comparable law in another jurisdiction, but the criminal history records do not include the charge or conviction, the agency shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint.

DCF 58.05(5)(c) (c) If the results of the criminal history records, the background information disclosure, or any other information indicate a conviction for a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013, Stats., or comparable law in another jurisdiction, not more than 5 years before the kinship care agency obtained the information, the agency shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

DCF 58.05 Note Note: A list of Wisconsin county clerks of court is available at https://www.wicourts.gov/contact/docs/clerks.pdf.

DCF 58.05(6) (6)  Kinship care barred offenses.

DCF 58.05(6)(a) (a) A kinship care agency may not make kinship care payments to a relative caregiver if the relative caregiver or an employee or adult resident has been convicted of a crime or has had a penalty imposed that is specified in s. 48.57 (3p) (g), Stats., unless a director’s review under s. DCF 58.11 (1) or a division of hearings and appeals hearing order under s. 48.57 (3m) (g), Stats., determines that there are no arrests, convictions, or penalties that are likely to adversely affect the child or the relative caregiver’s ability to care for the child.

DCF 58.05(6)(b) (b) A relative caregiver may not employ a person or permit a person to reside in the relative caregiver’s home if the person has been convicted of a crime or has had a penalty imposed that is specified in s. 48.57 (3p) (g), Stats., unless a director’s review under s. DCF 58.11 (1) or a division of hearings and appeals hearing order under s. 48.57 (3m) (g), Stats., determines that there are no arrests, convictions, or penalties that are likely to adversely affect the child or the relative caregivers ability to care for the child.

DCF 58.05 Note Note: A list of the criminal convictions and penalties that are barred offenses for kinship care under s. 48.57 (3p) (g), Stats., is available on the department’s website at https://dcf.wisconsin.gov/files/cwportal/kc/kc-barredcrimes.pdf.

DCF 58.05 Note Patterns of criminal behavior, pending charges, and convictions that are not specified under s. 48.57 (3p) (g), Stats., may be considered when determining the best interests of the child under s. DCF 58.06 (3).

DCF 58.05(7) (7)  Long-term kinship care standard.

DCF 58.05(7)(a) (a) A kinship care agency may not make long-term kinship care payments to a relative caregiver if the director determines that the relative caregiver or an employee or adult resident of the relative caregiver has an arrest or conviction that is likely to adversely affect the child or the relative caregiver’s ability to care for the child, unless the director’s decision is overturned by the division of hearings and appeals under s. 48.57 (3n) (g), Stats.

DCF 58.05(7)(b) (b) A relative caregiver may not employ a person or permit a person to reside in the relative caregiver’s home if the director determines that the person has an arrest or conviction that is likely to adversely affect the child or the relative caregiver’s ability to care for the child, unless the director’s decision is overturned by the division of hearings and appeals under s. 48.57 (3n) (g), Stats.

DCF 58.05 Note Note: The kinship care agency may need to obtain a copy of the criminal complaint from the clerk of court to determine whether the circumstances of the crimes or the reason for the penalties could adversely affect the child or the relative caregiver’s ability to care for the child. A list of Wisconsin county clerks of court is available at https://www.wicourts.gov/contact/docs/clerks.pdf.

DCF 58.05 History History: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; CR 21-107: am. (5) (a) to (c) Register June 2022 No. 798, eff. 7-1-22; correction in (1) (b) 2. made under s. 35.17, Stats., Register August 2022 No. 800.

DCF 58.06 DCF 58.06 Best interests of the child.

DCF 58.06(1) (1) Criteria for best interest determination.

DCF 58.06(1)(a) (a) Kinship care. For kinship care eligibility, the kinship care agency shall determine if living with the relative caregiver is in the best interests of the child based on the criteria in this section, unless an exception in par. (c) applies.

DCF 58.06(1)(b) (b) Long-term kinship care. For long-term kinship care eligibility, the kinship care agency shall determine if living with the relative caregiver on a long-term basis is in the best interests of the child based on the criteria in subs. (2) to (4), unless the exception in par. (c) 2. applies.

DCF 58.06(1)(c) (c) Presumption of best interests. Notwithstanding par. (a) or (b), the kinship care agency shall presume it is in the child’s best interests to live with the relative caregiver if any of the following conditions is met:

DCF 58.06(1)(c)1. 1. ‘Court order.’ The child was 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.

DCF 58.06 Note Note: The child welfare agency with placement and care responsibility continues to be responsible for managing the safety of the out-of-home care placement.

DCF 58.06(1)(c)2. 2. ‘Recent court order.’ The kinship care agency is determining the relative caregiver’s eligibility for voluntary kinship care or long-term kinship care within 6 months after a court order or voluntary transition-to-independent-living agreement placing the child in the relative caregiver’s home expired or was terminated.

DCF 58.06(2) (2)  Characteristics of the relative caregiver. The relative caregiver has or exhibits all of the following characteristics to a degree that allows the relative caregiver to adequately care for the child:

DCF 58.06(2)(a) (a) A positive approach to parenting the child, including all of the following:

DCF 58.06(2)(a)1. 1. If the relative caregiver has parenting history, the parenting history does not include behaviors or actions that are contrary to the health, safety, or welfare of a child, or the kinship care agency determines that the relative caregiver has a positive approach to parenting the child despite the parenting history.

DCF 58.06(2)(a)2. 2. The relative caregiver does not inflict or tolerate infliction of abuse and does not neglect the child.

DCF 58.06(2)(b) (b) A demonstrated interest in integrating the child into the relative caregiver’s household and the ability to manage the stress of doing so.

DCF 58.06(2)(c) (c) An adequate recognition of the child’s strengths and needs consistent with the child’s age and abilities.

DCF 58.06(2)(d) (d) The ability to provide stable and appropriate care for the child, given the child’s age, strengths, needs, and abilities.

DCF 58.06(2)(e) (e) The ability and willingness to work with the child’s parents, if the relative caregiver is applying for or receiving voluntary kinship care and does not have guardianship of the child under s. 48.9795, Stats., or a tribal private guardianship order.

DCF 58.06(3) (3)  History of behaviors.

DCF 58.06(3)(a) (a) The relative caregiver, employees, and adult residents do not have any final substantiated findings of child abuse or neglect that are likely to adversely affect the child or the relative caregiver’s ability to care for the child.

DCF 58.06(3)(b) (b) If the kinship care agency conducts a background check on a person subject to the background check under s. DCF 58.05 (1), the agency determines that the person does not have any patterns of criminal behavior, pending charges, or convictions that are likely to adversely affect the child or the relative caregiver’s ability to care for the child.

DCF 58.06(4) (4)  Other minor child in the home. No minor child residing in the relative caregiver’s home endangers the safety of another child.

DCF 58.06(5) (5)  Physical environment. The physical environment of the relative caregiver’s home is safe for the child, including all of the following:

DCF 58.06(5)(a) (a) The relative caregiver’s home is constructed, arranged, and maintained in a manner that is safe.

DCF 58.06(5)(b) (b) The relative caregiver’s home has all of the following:

DCF 58.06(5)(b)1. 1. Furnishings and equipment necessary to adequately accommodate the child and other household members.

DCF 58.06(5)(b)2. 2.

DCF 58.06(5)(b)2.a. a. A safe and appropriate sleeping arrangement for the child.

DCF 58.06(5)(b)2.b. b. If the child is under 12 months of age, the child sleeps alone in a crib, bassinet, or playpen.

DCF 58.06(5)(c) (c) The relative caregiver considers the child’s developmental level and ensures that materials and equipment that may be hazardous to the child are stored in areas not readily accessible to the child. Potentially hazardous materials and equipment may include weapons, ammunition, poisons, insecticides, flammable or combustible materials, alcohol, tobacco products, medications, power tools, detergents, and plastic bags.

DCF 58.06(5)(d) (d) The relative caregiver makes every reasonable effort to correct any hazard to the safety of the child in the home.

DCF 58.06 Note Note: If the relative caregiver does not own the home, the relative caregiver’s “reasonable effort to correct any hazard” includes asking the landlord to address safety concerns in the home.

DCF 58.06(6) (6)  Voluntary kinship care only. The kinship care agency determines all of the following conditions are met:

DCF 58.06(6)(a) (a) Child’s basic needs. The child needs to live with the relative caregiver because one or more of the following basic needs of the child can be better met by the relative caregiver than the child’s parent or parents:

DCF 58.06(6)(a)1. 1. The need for adequate food, shelter, clothing, and education.

DCF 58.06(6)(a)2. 2. The need to be free from physical, sexual, or emotional injury, neglect, or exploitation.

DCF 58.06(6)(a)3. 3. The need for a safe or permanent family.

DCF 58.06(6)(a)4. 4. The need to develop physically, mentally, and emotionally to the child’s potential.

DCF 58.06(6)(b) (b) Parental consent. The kinship care agency determines that the child’s custodial parent or parents have consented to the child living with the relative caregiver, except that no consent is required if the relative caregiver has guardianship of the child under s. 48.9795, Stats., or a tribal private guardianship order.

DCF 58.06 History History: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (2) (e), (6) (b) made under s. 13.92 (4) (b) 7., Stats., and change of numbering of (5) (c), (d) made under s. 13.92 (4) (b) 1., Stats., Register October 2020 No. 778; CR 21-107: am. (2) (e), (6) (b) Register June 2022 No. 798, eff. 7-1-22.

DCF 58.07 DCF 58.07 Need for protection or services.

DCF 58.07(1) (1) Kinship care. When determining the eligibility of a relative caregiver to receive kinship care payments, the kinship care agency shall determine if any of the following conditions is met:

DCF 58.07(1)(a) (a) Court order. The child has been placed with the relative caregiver by a court order under s. 48.13 or 938.13, Stats., or a substantially similar tribal court order.

DCF 58.07(1)(b) (b) Voluntary kinship care.

DCF 58.07(1)(b)1. 1. If par. (a) does not apply, the kinship care agency determines any of the following:

DCF 58.07(1)(b)1.a. a. The child meets one or more of the grounds or conditions under s. 48.13 or 938.13, Stats.

DCF 58.07(1)(b)1.b. b. There is a reasonable probability that the child would be at risk of meeting one or more of the grounds or conditions under s. 48.13 or 938.13, Stats., if the child were to remain in the parent’s home.

DCF 58.07(1)(b)1.c. c. If the child is 18 years of age or over, there is a reasonable probability that the child would meet or be at risk of meeting one or more of the grounds or conditions under s. 48.13 or 938.13, Stats., if the child were under 18 years of age and in the parent’s home.

DCF 58.07(1)(b)2. 2. The kinship care agency shall base a determination involving reasonable probability under subd. 1. b. or c. on any of the following:

DCF 58.07(1)(b)2.a. a. The kinship care agency, court, or a tribal court has made a similar determination about the child or a sibling of the child within the previous 12 months.

DCF 58.07(1)(b)2.b. b. Evidence of behavior by the child or a parent of the child that if increased in degree, could meet one or more of the grounds or conditions under s. 48.13 or 938.13, Stats.

DCF 58.07(1)(b)2.c. c. A parent of the child has made threatening and credible statements that, if carried out, could meet one or more of the grounds or conditions under s. 48.13, Stats.

DCF 58.07(1)(b)2.d. d. Information provided by the relative caregiver, a parent of the child, or any other credible person supports a determination that the circumstances in the child’s home could result in the child being at risk of meeting one or more of the grounds or conditions under s. 48.13 or 938.13, Stats., if the child were to remain in the home.

DCF 58.07(2) (2)  Long-term kinship care. When determining the eligibility of a relative caregiver to receive long-term kinship care payments, the kinship care agency shall require the relative caregiver to provide proof that the relative caregiver is 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 58.07 History History: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; CR 21-107: am. (1) (a), (2) Register June 2022 No. 798, eff. 7-1-22.

DCF 58.08 DCF 58.08 Agency procedures.

DCF 58.08(1) (1) Application.

DCF 58.08(1)(a) (a) Complete application. A kinship care agency shall consider a relative caregiver’s application for kinship care payments or long-term kinship care payments to be complete when the agency has received all of the following from the relative caregiver:

DCF 58.08(1)(a)1. 1. All information required on the application form prescribed by the department under s. DCF 58.04 (1).

DCF 58.08(1)(a)2. 2. All information that a relative caregiver is required to provide for background checks under s. DCF 58.05 (3).

DCF 58.08(1)(b) (b) Agency timeframe for determining eligibility. Except as provided under s. DCF 58.09, a kinship care agency shall approve or deny a relative caregiver’s application within 45 days after receiving the complete application specified under par. (a).

DCF 58.08 Note Note: See s. DCF 58.05 (1) for the deadline for beginning background checks.

DCF 58.08(1)(c) (c) Reapplication within 2 years. A kinship care agency may refuse to accept an application for kinship care or long-term kinship care from a relative caregiver that was determined ineligible for the same program within the previous 2 years if the agency determines that the reason for the previous denial or termination of payments has not changed.

DCF 58.08(2) (2)  Health insurance. A kinship care agency shall do all of the following:

DCF 58.08(2)(a) (a) Provide information on medical assistance to all relative caregivers during the initial eligibility determination process.

DCF 58.08(2)(b) (b) Require that a relative caregiver that does not have private health insurance for the child apply for medical assistance for the child and assist the relative caregiver with applying if appropriate.

DCF 58.08(2)(c) (c) Inform a relative caregiver that has private health insurance for the child that medical assistance may be available as a secondary health insurance.

DCF 58.08(3) (3)  Agency eligibility or termination criteria prohibited. A kinship care agency may not create eligibility or termination criteria for kinship care or long-term kinship care that are in addition to the criteria in this chapter and s. 48.57 (3m), (3n), and (3p), Stats.

DCF 58.08(4) (4)  Best interests determination.

DCF 58.08(4)(a) (a) Voluntary and long-term kinship care. When determining whether living with the relative caregiver is in the best interests of the child under s. DCF 58.06, the kinship care agency shall do all of the following:

DCF 58.08(4)(a)1. 1. Assess the ability of the relative caregiver to care for the child and the safety of the relative caregiver’s home and do the following if applicable:

DCF 58.08(4)(a)1.a. a. If a kinship care agency determines that a relative caregiver has a positive approach to parenting the child under s. DCF 58.06 (2) (a) 1., despite a parenting history that includes behaviors or actions that are contrary to the health, safety, or welfare of a child, the agency shall document the reasons for concern in the relative caregiver’s parenting history and the agency’s rationale for determining that the relative caregiver has a positive approach to parenting the child despite the parenting history.

DCF 58.08(4)(a)1.b. b. If the relative caregiver does not have safe sleeping arrangements for the child as required under s. DCF 58.06 (5) (b) 2., the kinship care agency shall assist the relative caregiver with obtaining the needed crib or bed.