DCF 58.11(2)(a)6.b. b. Employ a prospective employee or continue to employ an employee.

DCF 58.11(2)(a)7. 7. The relative caregiver received the first written notice of an overpayment.

DCF 58.11(2)(b) (b) Failure to act on application. If the kinship care agency fails to act on a relative caregiver’s complete application as specified under s. DCF 58.08 (1) (a), the relative caregiver may submit a request for a hearing to the division of hearings and appeals no later than 45 days after the date of the deadline for the kinship care agency to process the application under s. DCF 58.08 (1) (b).

DCF 58.11 Note Note: A request for a hearing may be mailed to Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875; faxed to [phone]; or delivered to 4822 Madison Yards Way, Madison, WI 53705.

DCF 58.11(2)(c) (c) No division of hearings and appeals hearing right. A relative caregiver may not be granted a hearing with the division of hearings and appeals if any of the following conditions is met:

DCF 58.11(2)(c)1. 1. The relative caregiver is applying for or receiving kinship care payments, the kinship care agency sent the relative caregiver the notice specified under sub. (1) (a) 1., and any of the following:

DCF 58.11(2)(c)1.a. a. The relative caregiver has not requested a review by the director under sub. (1).

DCF 58.11(2)(c)1.b. b. The relative caregiver requested a review by the director under sub. (1), the director has not sent a notice of the determination, and the time allowed for the director to send the notice of the determination has not expired.

DCF 58.11(2)(c)2. 2. The kinship care agency determined that the person was ineligible for kinship care or long-term kinship care within the previous 2 years, and the reason for the denial or termination has not changed.

DCF 58.11 Note Note: For kinship care, the procedures for a hearing with the Division of Hearings and Appeals are under s. 48.57 (3m) (g), Stats. For long-term kinship care, the procedures for a hearing with the Division of Hearings and Appeals are under s. 48.57 (3n) (g), Stats.

DCF 58.11 History History: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (2) (a) 1., (b) made under s. 35.17, Stats., Register October 2020 No. 778.

DCF 58.12 DCF 58.12 Procedures for requesting an exemption for good cause to the requirement for cooperation in securing child support.

DCF 58.12(1) (1) Definitions. In this section:

DCF 58.12(1)(a) (a) “Emotional harm” means that the child or relative caregiver is emotionally impaired to an extent that substantially affects the child’s or relative caregiver’s functioning.

DCF 58.12(1)(b) (b) “Serious nature” means:

DCF 58.12(1)(b)1. 1. In reference to a relative caregiver, that the physical or emotional impairment is or will affect the relative caregiver’s capacity to care for the child.

DCF 58.12(1)(b)2. 2. In reference to a child, that the physical or emotional impairment is or will affect the child’s emotional, mental, or physical functioning.

DCF 58.12(2) (2) Right to request good cause exemption. A relative caregiver may request a good cause exemption from the requirement under s. DCF 58.04 (2) (e) to cooperate with the kinship care agency in referring the child’s parent or parents to the child support agency.

DCF 58.12(3) (3) Claiming good cause.

DCF 58.12(3)(a) (a) Notice.

DCF 58.12(3)(a)1. 1. A kinship care agency shall notify the relative caregiver of the opportunity to claim a good cause exemption in the application for kinship care or long-term kinship care.

DCF 58.12(3)(a)2. 2. The notice shall describe the right to refuse to cooperate for good cause in securing child support and shall advise the relative caregiver of all of the following:

DCF 58.12(3)(a)2.a. a. The potential benefits the child may derive from securing child support.

DCF 58.12(3)(a)2.b. b. That cooperation in securing child support is a condition of eligibility for kinship care and long-term kinship care.

DCF 58.12(3)(a)2.c. c. That good cause for refusing to cooperate may be claimed and if the kinship care agency finds that there is good cause, the relative caregiver will be excused from the cooperation requirement.

DCF 58.12(3)(b) (b) Claim.

DCF 58.12(3)(b)1. 1. A relative caregiver may claim good cause in application form prescribed by the department under s. DCF 58.04 (1). The good cause information in the application shall describe the circumstances that support a good cause claim and how a claim should be documented.

DCF 58.12(3)(b)2. 2. The information on good cause in the application shall include that the kinship care agency directs the child support agency to proceed to attempt to secure child support without the participation of the relative caregiver.

DCF 58.12(3)(b)3. 3. The relative caregiver shall sign and date the good cause claim to initiate the claim.