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(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)(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)(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 NoteNote: 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)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 NoteNote: 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 NoteNote: 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 NoteNote: 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.