DCF 58.06 HistoryHistory: 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 58.07DCF 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)1.1. If par. (a) does not apply, the kinship care agency determines any of the following: 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 HistoryHistory: 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(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)(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 NoteNote: 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.