State of Wisconsin
Department of Children and Families
EMERGENCY RULE
Extension of Kinship Care and Long-Term Kinship Care Payments to Like-Kin
and the Definition of Out-Of-Home Care in Child Welfare Rules
DCF 21, 37, 50, 55, and 58
The statement of scope for this rule, SS 079-24, was approved by the governor on July 18, 2024, published in Register 823A4 on July 22, 2024, and approved by Secretary Emilie Amundson on August 9, 2024. This emergency rule was approved by the Governor on October 3, 2024. The Wisconsin Department of Children and Families adopts an order to amend ss. DCF 21.02 (2), 50.02 (28), 55.02 (11), 58.01, 58.02 (23), 58.03, 58.08 (10) (a) 3. and (14), and 58.10 (4) (c) 1. (intro.) and 2.; to repeal and recreate ss. DCF 21.02 (5), (6), (9), and (10), 37.02 (6), 50.02 (12), (18), and 58.02 (22), 58.04 (4) (a); and to create ss. DCF 21.02 (8m), (9m), (10m), 37.02 (3m), 50.02 (12m), (16m), 58.02 (18m), and 58.04 (4) (am), relating to the extension of kinship care and long-term kinship care payments to like-kin and the definition of out-of-home care in child welfare rules. Finding of Emergency
An emergency rule is necessary to support like-kin caregivers of children by implementing the expansion of eligibility for kinship care and long-term kinship care payments as soon as possible. The rule will include language needed to meet the funding requirements of the federal Temporary Assistance for Needy Families program.
Analysis Prepared by the Department of Children and Families
Explanation of Agency Authority
Sections 48.366 (4) and 938.366 (4), Stats., provide that the department shall promulgate rules to implement extended out-of-home care. Section 48.57 (3m) (i) an (3n) (i) provide that the department shall promulgate rules to implement kinship care and long-term kinship care. Section 48.623 (7), Stats., provides that the department shall promulgate rules to implement subsidized guardianships. Section 48.67 (intro.), Stats., provides that the department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, foster homes, group homes, and shelter care facilities. The department administers s. 48.88, Stats., relating to an investigation to determine whether the petitioner’s home is suitable for a child for adoption. Section 895.485 (4), Stats., provides that the department shall promulgate rules specifying the kind of information that an agency shall disclose to a foster parent that relates to a medical, physical, mental, or emotional condition of the child. Section 227.11 (2) (a), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency. Summary of the Rule
Like-kin as a placement option. 2023 Wis. Act 119 creates a new out-of-home care placement option of “like-kin” with whom a court may place a child or juvenile under ch. 48 or 938, Stats. “Like-kin” is defined as an individual who: (1) has a significant emotional relationship with a child or the child’s family that is similar to a familial relationship; and (2) is not and has not been the child’s licensed foster parent. For an Indian child, an individual who is identified by the child’s tribe as kin or like-kin according to tribal tradition, custom or resolution, code, or law. Like-kin are eligible for kinship care and long-term kinship care. Act 119 extends eligibility for kinship care payments under s. 48.57 (3m), Stats., to like-kin providing care and maintenance for a child or juvenile in a court-ordered out-of-home care placement and like-kin caring for a child in a voluntary arrangement, if other conditions are met. Eligibility for long-term kinship care payments under s. 48.57 (3n), Stats., is extended to like-kin who has guardianship of the child under s. 48.977, Stats., or a tribal court order that is substantially similar to an order under s. 48.977, Stats., if other conditions are met. For the caregiver of an Indian child, eligibility for kinship care payments and long-term kinship care payments is also expanded to include an “extended family member,” as defined in s. 48.028 (2) (am), Stats. Rule changes. This rule updates the kinship care and long-term kinship care rule to conform to the eligibility changes under Act 119 and the funding requirements of the federal Temporary Assistance for Needy Families program. The current rule defines “relative caregiver” as 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. This rule amends the definition of “relative caregiver” to include an extended family member, as defined in s. 48.028 (2) (am), Stats., and like-kin. This rule also updates the definition of “out-of-home care” in various child welfare rules, creates definitions for terms used in this definition, and amends related provisions.
Summary of Related Federal Law
Kinship care payments are fully funded by the state using federal Temporary Assistance to Needy Families funding (TANF). States can use their federal TANF dollars funds to support a broad range of activities related to promoting the four purposes of TANF specified in federal law. Under 42 USC 601 (a) (1), one of the purposes of TANF is to provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives. There is no definition of “relative” under federal TANF law, so states are free to make their own definition. Summary of Data and Analytical Methodologies
Like-kin and extended family member is included in the definition of relative caregiver in DCF 58 to allow for federal TANF funding.
Comparison to Adjacent States
Payments to a relative caregiver of a child other than the child’s parent are available in all adjacent states with no employment and work activity requirements and no time limits. The payment is considered to be a “child-only” grant with financial eligibility based only on the child’s income and assets.
In Illinois and Iowa, the child-only payments are only available to a relative. In Minnesota, child-only payments are also available to a nonrelative caregiver who is the legal custodian or guardian of the child. In Michigan, child-only payments are also available to a nonrelative caregiver who is the child’s legal guardian or is age 21 years or over and has a pending petition for legal guardianship of the child.
Effect on Small Businesses
The rule does not affect small businesses as defined in s. 227.114 (1), Stats. Analysis Used to Determine Effect on Small Businesses
The kinship care program is administered by county and tribal agencies, except in Milwaukee where the department’s Milwaukee Division of Child Protective Services contracts with the Professional Services Group, Children’s Hospital, and Wellpoint Care Network. None of these entities is a small business. The updates to other child welfare rules are technical corrections.
Agency Contact
Emily Erickson, Director
Bureau of Permanence and Out-of-Home Care
(608) 422-6961
Rule Text
SECTION 1. DCF 21.02 (2) is amended to read:
DCF 21.02 (2) “Agency” means a county department of social services under s. 46.22, Stats.; a county department of human services under s. 46.23, Stats.; or, in a county having a population of 750,000 or more, the department; or the department of corrections.
