DCF 58.08(12)(c)(c) Documentation transfer to or from a tribal agency. A kinship care agency shall transfer documentation regarding a relative caregiver’s eligibility for kinship care or long-term kinship care to another kinship care agency if all of the following conditions are met:

DCF 58.08(12)(c)1.1. The relative caregiver is receiving kinship care payments or long-term kinship care payments and moves with the child to an area of the state served by another kinship care agency.

DCF 58.08(12)(c)2.2. The kinship care agency serving the area of either the relative caregiver’s old residence or new residence does not have access to the department’s child welfare automation system.

DCF 58.08(13)(13) Long-term kinship care agreement. A kinship care agency that determines that a relative caregiver is eligible to receive long-term kinship care payments shall enter into a written agreement with the relative caregiver using a form prescribed by the department. Under the written agreement, the relative caregiver agrees to provide care and maintenance for the child and the kinship care agency agrees to provide long-term kinship care payments to the relative caregiver until the date of a change in circumstances specified in s. 48.57 (3n) (am) 6., Stats., or the date on which the long-term guardianship under a tribal court order that is substantially similar to an order under s. 48.977, Stats., terminates.

DCF 58.08 NoteNote: DCF-F-CFS2190-E, Long-Term Kinship Care Agreement, is available on the department’s website at https://dcf.wisconsin.gov/forms.

DCF 58.08(14)(14) Change in type of relative caregiving.

DCF 58.08(14)(a)(a) Following a change in a relative caregiver’s type of relative caregiving as specified under s. DCF 58.03, the kinship care agency shall determine if the relative caregiver’s eligibility for kinship care or long-term kinship care has changed.

DCF 58.08(14)(b)(b) If the relative caregiver’s eligibility for kinship care or long-term kinship care changes due to a change in the type of relative caregiving under s. DCF 58.03, the kinship care agency shall use information about the relative caregiver and child previously obtained to the extent appropriate to document the relative caregiver’s eligibility following the change in the type of relative caregiving. The kinship care agency may require additional information and actions only as necessary for the eligibility determination and may not require a relative caregiver to complete a new application under s. DCF 58.04 (1).

DCF 58.08 NoteThere are only minor differences in the eligibility criteria for kinship care and long-term kinship care. If a relative caregiver receiving kinship care payments is 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., the kinship care agency and relative caregiver will enter an agreement under sub. (13) and the kinship care agency will update the program type to long-term kinship care.

DCF 58.08(15)(15) Director’s designee.

DCF 58.08(15)(a)(a) The director may designate an individual to fulfill the director’s responsibilities under ss. DCF 58.05 (7) and 58.11 (1) if the individual is a manager in the kinship care agency and does not directly supervise the agency staff that make eligibility determinations for kinship care or long-term kinship care.

DCF 58.08(15)(b)(b) If a director designates an individual under par. (a), the kinship agency shall submit the name of the designee and the designee’s position in the agency to the department each January.

DCF 58.08(16)(16) Overpayments.

DCF 58.08(16)(a)(a) A kinship care agency may recover an overpayment of kinship care or long-term kinship care from a relative caregiver by any of the following means:

DCF 58.08(16)(a)1.1. Reducing the amount of relative caregiver’s monthly kinship care payment or long-term kinship care payment by an amount agreed to by the relative caregiver and the kinship care agency.

DCF 58.08(16)(b)1.1. A county department of social services under s. 46.22, Stats., a county department of human services under s. 46.23, Stats., or a tribal agency that recovers an overpayment under this section due to the county department’s or tribal agency’s efforts may retain the amount recovered.

DCF 58.08(16)(b)2.2. Funds retained under subd. 1. may only be spent on the county department’s or tribal agency’s kinship care or long-term kinship care program.

DCF 58.08(16)(b)3.3. If the county department or tribal agency has not spent the retained funds under subd. 1. by the end of the contract period, the department shall recover the funds through the contracting process.

DCF 58.08(17)(17) Federal reporting requirements. Each kinship care agency shall provide information to the department necessary for compliance with federal data collection and reporting requirements under 45 CFR part 265, as determined by the department.

DCF 58.08 HistoryHistory: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (4) (a) 1. b., (b) 2., (5) (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register October 2020 No. 778; CR 21-107: am. (4) (a) 3. a., (b) 2., (5) (b), (9) (b) 1., (11) (a) 1. d., (13) Register June 2022 No. 798, eff. 7-1-22.