Chapter DCF 58

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.

DCF 58.08 Note Note: The contract between the department and a county for the provision of child welfare services includes an allocation for kinship care assessments that may be used for relative caregiver needs, such as purchasing a needed crib or bed.

DCF 58.08(4)(a)2. 2. With an approach that is trauma-informed and age and developmentally appropriate, talk to each child for whom a relative caregiver is applying for or receiving kinship care payments or long-term kinship care payments and discuss the child’s needs.

DCF 58.08(4)(a)3. 3. When determining a relative caregiver’s initial eligibility for kinship care or long-term kinship care, check for all of the following:

DCF 58.08(4)(a)3.a. a. Child abuse or neglect investigations or final substantiated findings in any jurisdiction in Wisconsin in which the relative caregiver, adult residents, prospective adult residents, employees, and prospective employees reside or have resided within the previous 5 years.

DCF 58.08(4)(a)3.b. b. Investigations or findings on a child abuse or neglect registry maintained by any jurisdiction outside Wisconsin in which the relative caregiver, adult residents, prospective adult residents, employees, or prospective employees reside or have resided within the previous 5 years.

DCF 58.08(4)(a)4. 4. When redetermining a relative caregiver’s eligibility, make the checks specified under subd. 3. in any jurisdiction where the relative caregiver, adult resident, or employee reside or have resided since the most recent check by the kinship care agency.

DCF 58.08(4)(b) (b) Voluntary kinship care; parental consent.

DCF 58.08(4)(b)1. 1. ‘Request express consent for living arrangement.’ When determining a relative caregiver’s initial eligibility for voluntary kinship care when the relative caregiver is not the child’s guardian, the kinship care agency shall make diligent efforts to contact the custodial parent or parents and request that the parent or parents sign a form prescribed by the department expressly consenting to the child living with the relative caregiver. The initial effort to contact the custodial parent or parents shall be by mail. The agency may subsequently attempt contact by phone, in person, or by electronic mail.

DCF 58.08 Note Note: DCF-F-5371, Voluntary Kinship Care Parental Approval, is available on the department’s website at https://dcf.wisconsin.gov/forms.

DCF 58.08(4)(b)2. 2. ‘Express denial.’ The kinship care agency shall determine that a relative caregiver is ineligible to receive voluntary kinship care and contact the local child protective services agency if the relative caregiver does not have guardianship of the child under s. 48.9795, Stats., or a tribal private guardianship order, and a custodial parent expressly denies consent for the child to live with the relative caregiver.

DCF 58.08 Note Note: In some circumstances, it may be appropriate for the relative caregiver to seek guardianship of the child.

DCF 58.08(4)(b)3. 3. ‘Implied consent.’ A kinship care agency may determine that consent by the child’s custodial parent or parents for the child to live with the relative caregiver is implied if any of the following conditions is met:

DCF 58.08(4)(b)3.a. a. The kinship care agency makes diligent efforts to contact the child’s custodial parent or parents and does not receive a response from any of the child’s custodial parents within 20 days after the agency’s first attempt to contact the custodial parent or parents.

DCF 58.08(4)(b)3.b. b. The child’s custodial parent or parents respond to the kinship care agency in a manner that is not an express denial of consent for the child to live with the relative caregiver.

DCF 58.08 Note Note: The agency is seeking consent for the child to live with the relative caregiver. Parental consent for the relative caregiver to receive kinship care payments is not required. If a parent informs the agency that the parent does not want to pay child support, the agency should redirect the conversation toward obtaining consent for the living arrangement.

DCF 58.08(4)(b)3.c. c. The child has 2 custodial parents, one custodial parent responds in a manner that is not an express denial of consent for the child to live with the relative caregiver, and the other custodial parent does not respond to the agency’s diligent efforts to contact the parent within 20 days after the first attempt to contact the parent.

DCF 58.08(5) (5)  Child safety.

DCF 58.08(5)(a) (a) Child protective services. A kinship care agency that has reasonable cause to suspect that the child has been abused or neglected or has been threatened with abuse or neglect and that abuse or neglect will occur shall report the facts and circumstances contributing to the suspicion to the local child protective services agency under s. 48.981 (2), Stats.

DCF 58.08(5)(b) (b) Court.

DCF 58.08(5)(b)1. 1. ‘Guardian; not in best interests.’ If a kinship care agency has concerns about whether it continues to be in a child’s best interests to live with a relative caregiver that has been 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., or under s. 48.9795, Stats., or a tribal private guardianship order, the kinship care agency shall inform the court that appointed the guardianship.

DCF 58.08(5)(b)2. 2. ‘Parent in home; long-term kinship care.’ If a child’s parent resides with the child and the relative caregiver that 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., for more than 30 days, the kinship care agency shall inform the court that appointed the guardianship.

DCF 58.08 Note Note: Guardianships under s. 48.977, Stats., or a tribal court order that is substantially similar to an order under s. 48.977, Stats., are the result of a previous action under ch. 48, Stats., or substantially similar tribal law, in which child safety may have been an issue. Therefore, it is imperative that the kinship care agency responds accordingly when the agency becomes aware of a situation that circumvents the guardianship.

DCF 58.08(6) (6)  Child age 18 or over. A kinship care agency may contact the school that a child 18 years of age or over is attending to verify the documentation submitted by the relative caregiver under s. DCF 58.04 (2) (h).

DCF 58.08(7) (7)  Additional child within 6 months. If a relative caregiver applies for kinship care or long-term kinship care for a child that moves into the relative caregiver’s home within 6 months after the kinship care agency determined that the relative caregiver is eligible for kinship care or long-term kinship care for a different child, all of the following apply:

DCF 58.08(7)(a) (a) The kinship care agency shall direct the relative caregiver to complete only the child-specific portions of the application under s. DCF 58.04 (1).

DCF 58.08(7)(b) (b) The kinship care agency is not required to conduct new background checks under s. DCF 58.05.

DCF 58.08(7)(c) (c) In determining whether living with the relative caregiver is in the best interests of the child under s. DCF 58.06, the kinship care agency may use information obtained for the agency’s most recent determinations under s. DCF 58.06 (2) to (4) for the other children.

DCF 58.08(7)(d) (d) At the earliest date that an eligibility redetermination is required under s. DCF 58.10 (3) for the care of any child in the relative caregiver’s home, the kinship care agency shall redetermine the relative caregiver’s eligibility for all children in the home for whom the relative caregiver is receiving kinship care payments or long-term kinship care payments.

DCF 58.08(8) (8)  Determination.

DCF 58.08(8)(a) (a) A kinship care agency shall determine whether a relative caregiver is eligible to receive kinship care payments or long-term kinship care payments and send the relative caregiver a written notice of the decision on a form prescribed by the department.

DCF 58.08(8)(b) (b) A notice denying or terminating a relative caregiver’s eligibility shall include the reasons for the denial or termination and a summary of appeal rights under s. DCF 58.11 and s. 48.57 (3m) (f), (3n) (f), and (3p) (h) or (hm), Stats., as applicable.

DCF 58.08(8)(c) (c) A notice terminating eligibility shall inform the relative caregiver that payments will continue until a review or hearing decision is issued if the relative caregiver submits a request for a review or hearing as specified under s. DCF 58.11 within 10 days after the date of the notice. Any payments issued while the review or hearing is pending may be recovered by the kinship care agency if the agency’s determination is upheld.

DCF 58.08 Note Note: DCF-F-5370-E, Kinship Care Eligibility Determination, is available on the department’s website at https://dcf.wisconsin.gov/forms.

DCF 58.08(9) (9)  Payment.

DCF 58.08(9)(a) (a) Kinship care payments. After a kinship care agency has determined that a relative caregiver is eligible to receive kinship care payments, the agency shall issue payments that begin as follows:

DCF 58.08(9)(a)1. 1. For a child that was placed in the relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement, the later of the following:

DCF 58.08(9)(a)1.a. a. The date the child was placed in the relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement.

DCF 58.08(9)(a)1.b. b. Ninety days prior to the date the kinship care agency received the relative caregiver’s application information under sub. (1) (a).

DCF 58.08(9)(a)2. 2. For voluntary kinship care, the date on which the kinship care agency received the relative caregiver’s application information under sub. (1) (a), unless the relative caregiver is placed on a waiting list under sub. (11).

DCF 58.08(9)(b) (b) Long-term kinship care payments. After a kinship care agency has determined that a relative caregiver is eligible to receive long-term kinship care payments, the agency shall issue payments that begin the later of the following:

DCF 58.08(9)(b)1. 1. The date the relative caregiver was appointed to be 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 58.08(9)(b)2. 2. Ninety days prior to the date the kinship care agency received the relative caregiver’s application information under sub. (1) (a).

DCF 58.08(10) (10)  Waiting prohibited.

DCF 58.08(10)(a) (a) Waiting list prohibited. A kinship care agency may not place any of the following relative caregivers on a waiting list:

DCF 58.08(10)(a)1. 1. ‘Long-term kinship care.’ A relative caregiver that has been determined eligible for long-term kinship care payments.

DCF 58.08(10)(a)2. 2. ‘Kinship care with court-ordered placement.’ A relative caregiver that has been determined eligible for kinship care payments if the child was placed with 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 58.08(10)(a)3. 3. ‘Type of relative caregiving changes to voluntary.’ A relative caregiver whose type of relative caregiving under s. DCF 58.03 changes to voluntary under s. DCF 58.03 (2) while the relative caregiver is receiving kinship care payments or long-term kinship care payments.

DCF 58.08(10)(b) (b) Continued payment by previous agency until funding available.

DCF 58.08(10)(b)1. 1. Subject to subds. 2. and 3., a kinship care agency shall continue to make kinship care payments to a relative caregiver receiving voluntary kinship care payments from the agency if the relative caregiver moves to an area of the state served by another kinship care agency that has a waiting list.

DCF 58.08(10)(b)2. 2. The kinship care agency serving the area of the relative caregiver’s new residence under subd. 1. shall place the relative caregiver’s name at the top of the agency’s waiting list.

DCF 58.08(10)(b)3. 3. The kinship care agency serving the area where the relative caregiver is residing shall begin making the kinship care payments to the relative caregiver when the agency’s contract with the department is renewed or amended or the agency otherwise has kinship care funding available to make the payments.

DCF 58.08(11) (11) Waiting list policy and procedures for voluntary kinship care.

DCF 58.08(11)(a) (a) Policy. Each kinship care agency shall develop a waiting list policy for relative caregivers that have been determined eligible to receive voluntary kinship care payments at a time when the kinship care agency’s allocation for kinship care payments is insufficient to begin the payments. A kinship care agency’s waiting list policy shall include all of the following:

DCF 58.08(11)(a)1. 1. The priority order in which the agency will move relative caregivers off the waiting list to begin making the kinship care payments. The kinship care agency may establish priorities based any of the following criteria:

DCF 58.08(11)(a)1.a. a. The order in which applications are received.

DCF 58.08(11)(a)1.b. b. The lack of stability in the living arrangement if a payment is not made.

DCF 58.08(11)(a)1.c. c. The level or urgency of the child’s need under s. DCF 58.06 (5) (a).

DCF 58.08(11)(a)1.d. d. If the child is under the guardianship of the relative caregiver by a statutory provision other than s. 48.977, Stats., or a tribal court order that is substantially similar to an order under s. 48.977, Stats.

DCF 58.08(11)(a)2. 2. The criteria and procedures for granting an exception to the priorities established under subd. 1., if the agency grants exceptions.

DCF 58.08(11)(a)3. 3. Whether the agency provides a retroactive payment for all or part of the time period that a relative caregiver is on the waiting list.

DCF 58.08(11)(b) (b) Agency submittal. Each kinship care agency shall submit the agency’s waiting list policy under par. (a) to the department by January 1, 2021, and following any change to the agency’s waiting list policy.