DCF 58.02(1)(a) (a) Relatives who apply for or who are receiving kinship care or long-term kinship care benefits on behalf of a child residing with them without a court order.
DCF 58.02(1)(b) (b) Relatives who apply for or who are receiving kinship care or long-term kinship care benefits under s. DCF 58.065 on behalf of a child residing with them under a court order and who apply for or who have applied for a license to operate a foster home under ch. DCF 56.
DCF 58.02(1)(c) (c) Relatives who are receiving kinship care or long-term kinship care benefits on behalf of a child residing with them under a court order and who will be applying for a license to operate a foster home prior to or at the time of their next reassessment of eligibility under s. DCF 58.13 or review of eligibility under s. DCF 58.16 in calendar year 2010.
DCF 58.02(2) (2)Applicability of subchapters. The provisions in subch. I apply to the entire chapter. The provisions in subch. II apply only to the kinship care program. The provisions in subch. III apply only to the long-term kinship care program.
DCF 58.02 History History: CR 99-071: cr. Register January 2002 No. 553, eff. 2-1-02; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0937: emerg. r. and recr. eff. 1-1-10; CR 10-021: r. and recr. Register September 2010 No. 657, eff. 10-1-10.
DCF 58.03 DCF 58.03Definitions. In this chapter:
DCF 58.03(1) (1) “Adult resident" means a person 18 years of age or over who lives at the home of a relative with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a relative.
DCF 58.03(2) (2) “Applicant" means a child's relative who has applied to an agency to receive benefits under the kinship care or long-term kinship care program for the child for whom that relative is providing or will provide care in the relative's home.
DCF 58.03(3) (3) “Child" means any of the following:
DCF 58.03(3)(a) (a) A person under 18 years of age.
DCF 58.03(3)(b) (b) A person 18 years of age or over, but under 19 years of age, who is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent and who is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma.
DCF 58.03(3)(c) (c) The person meets all of the following conditions:
DCF 58.03(3)(c)1. 1. The person is 18 years of age or over, but under 21 years of age.
DCF 58.03(3)(c)2. 2. The person is a full-time student at a secondary school or its vocational or technical equivalent.
DCF 58.03(3)(c)3. 3. There is an individualized education program under s. 115.787, Stats., in effect for the person.
DCF 58.03(4) (4) “Child support agency" has the meaning given in ch. DCF 102.
DCF 58.03(5) (5) “Completed application" means a document that includes all of the information, required by an agency under s. 48.57, Stats., and this chapter, that an agency requires to make a decision as to whether or not the criteria for eligibility are met and whether or not a payment may be made. A “completed application" does not include the information obtained in response to a criminal background check.
DCF 58.03(6) (6) “Criminal background check" means the background check under s. 48.57 (3p), Stats.
DCF 58.03(7) (7) “Department" means the Wisconsin department of children and families.
DCF 58.03(8) (8) “Employee" means an individual retained by a kinship care or long-term kinship care relative on a regular basis who has regular contact with a child for whom kinship care benefits are paid to the kinship care relative or long-term kinship care benefits are paid to the long-term kinship care relative.
DCF 58.03(9) (9) “Good academic standing" means that the child is achieving a level of success, as determined by the local school, that will allow the child to graduate.
DCF 58.03(10) (10) “Kinship care" means the program described under s. 48.57 (3m), Stats., which provides specific assistance to children and families through the provision of a monthly payment to a relative.
DCF 58.03(11) (11) “Kinship care agency" or “agency" means a county department of social services under s. 46.22, Stats., a county department of human services under s. 46.23, Stats., the department for a county having a population of 500,000 or more, a tribal agency appointed by the tribal governing body, or a public or private agency under contract with a county department, the department or a tribal agency for the purpose of administering all or part of the kinship care program or the long-term kinship care program.
DCF 58.03(12) (12) “Kinship care payment" or “kinship care benefit" means a monthly payment of $232 beginning January 1, 2015, to a relative who is providing care and maintenance for a child.
DCF 58.03(13) (13) “Kinship care relative" means a relative who is receiving a kinship care payment.
DCF 58.03(14) (14) “Long-term kinship care" means the program described under s. 48.57 (3n), Stats., which provides specific assistance to children and families through the provision of a monthly payment to a relative.
DCF 58.03(15) (15) “Long-term kinship care payment" or “long-term kinship care benefit" means a monthly payment of $232 beginning January 1, 2015, to a relative who is providing care and maintenance for a child.
DCF 58.03(16) (16) “Long-term kinship care relative" means a relative who has been appointed as the child's guardian under s. 48.977, Stats., and who has applied for and is receiving a long-term kinship care payment under s. 48.57 (3n), Stats.
DCF 58.03(17) (17) “Medical assistance" means the assistance program under 42 USC 1396 and ss. 49.43 to 49.499, Stats.
DCF 58.03(18) (18) “Relative" means an adult who is the child's stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in- law, sister-in-law, first cousin, 2nd cousin, nephew, niece, aunt, uncle, stepuncle, stepaunt, or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by blood, marriage or legal adoption, or the spouse of any person named in this subsection, even if the marriage is terminated by death or divorce.
DCF 58.03(19) (19) “Session" means a regular academic term of schooling that includes a semester and a quarter.
DCF 58.03(20) (20) “Voluntary transition-to-independent-living agreement" means a voluntary agreement under s. 48.366 (3) or 938.366 (3), Stats.
DCF 58.03 History History: CR 99-071: cr. Register January 2002 No. 553, eff. 2-1-02; corrections in (4) and (7) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR0937: emerg. am. (18) eff. 1-1-10; CR 10-021: am. (12), (15) and (18) Register September 2010 No. 657, eff. 10-1-10; EmR1414: emerg. r. and recr. (3), am. (12), (15), cr. (20), eff. 8-1-14; CR 14-054: r. and recr. (3), am. (12), (15), cr. (20), Register April 2015 No. 712, eff. 5-1-15.
DCF 58.04 DCF 58.04Requirements for applicants and kinship care and long-term kinship care relatives.
DCF 58.04(1) (1)Application. A relative who wants to apply for kinship care or long-term kinship care payments shall apply to the kinship care agency and shall complete any form or forms required by the agency. If the child is placed in the home of the kinship care relative or long-term kinship care relative under a court order, the relative shall apply for a license to operate a foster home under ch. DCF 56.
DCF 58.04(2) (2)Criminal background check.
DCF 58.04(2)(a)1.1. An applicant for kinship care or a kinship care relative or long-term kinship care relative shall provide information sufficient for the agency to conduct, under s. 48.57 (3p), Stats., a criminal background check on the applicant or kinship care or long-term kinship care relative, any other adult resident of the applicant's or kinship care or long-term kinship care relative's home and any employee or prospective employee of the applicant or kinship care or long-term kinship care relative.
DCF 58.04(2)(a)2. 2. The applicant or kinship care or long-term kinship care relative shall also attest, in writing, that neither he nor she, nor any adult resident or prospective adult resident of his or her home nor any employee or prospective employee has any history of contact with a child protective services agency or arrests or convictions that could adversely affect the child or the applicant's or kinship care or long-term kinship care relative's ability to care for the child.
DCF 58.04(2)(b) (b) A kinship care or long-term kinship care relative shall notify the agency of the intent of a person to become an adult resident of the kinship care or long-term kinship care relative's home when that intent becomes known, if that information is available, or within 2 working days after that person's assumption of residence in the home if the intent is not known in advance.
DCF 58.04(2)(c) (c) Agencies shall conduct criminal background checks pursuant to the requirements of s. 48.57 (3p), Stats., and shall consider whether any history, arrests or convictions might adversely affect the child or the applicant's or kinship care or long-term kinship care relative's ability to care for the child.
DCF 58.04(3) (3)Cooperation with the agency. An applicant shall cooperate with the agency in the application process and a kinship care or long-term kinship care relative shall cooperate with the agency in the review process. Applicants and kinship care or long-term kinship care relatives shall do all of the following:
DCF 58.04(3)(a) (a) Apply for other forms of assistance, including financial and medical, for which the child may be eligible. The agency shall assist the kinship care or long-term kinship care relative or prospective kinship care or long-term kinship care relative in applying for medical assistance for the child on whose behalf the kinship care or long-term kinship care application is made.
DCF 58.04(3)(b) (b) Complete, to the extent the applicant or kinship care or long-term kinship care relative is able, any form required for referral of the child's parent or parents to the child support agency, except in the following circumstances:
DCF 58.04(3)(b)1. 1. The kinship care or long-term kinship care relative or prospective kinship care or long-term kinship care relative may claim good cause for not cooperating in accordance with the procedures specified under s. DCF 58.09. That claim, if approved by the agency, negates this responsibility.
DCF 58.04(3)(b)2. 2. The kinship care or long-term kinship care relative or prospective kinship care or long-term kinship care relative is not required to complete a form for referral to a child support agency if the child is 18 years of age or over.
DCF 58.04(3)(c) (c) Notify the agency whenever a person becomes or ceases to be an adult resident of the kinship care or long-term kinship care relative's home or the kinship care or long-term kinship care relative hires or proposes to hire an employee.
DCF 58.04(4) (4)Verification of school status for children 18 years of age or over.
DCF 58.04(4)(a)1.1. If the child is 18 years of age or over, but under 19 years of age, the agency shall verify that the child is enrolled full-time at a secondary school or its vocational or technical equivalent, is in good academic standing and is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma.
DCF 58.04(4)(a)2. 2. The applicant or kinship care or long-term kinship care relative shall provide the kinship care agency with a statement signed by the kinship care or long-term kinship care relative and an official from the child's school or alternative high school program stating that the child meets all of the following criteria:
DCF 58.04(4)(a)2.a. a. The child is enrolled full-time in high school or a high school equivalency program or, if school is not currently in session, the child was enrolled during the previous session, and will be enrolled during the next session.
DCF 58.04(4)(a)2.b. b. The child is currently in good academic standing, or if the determination is made when school is not in session, the child was in good academic standing at the close of the previous session.
DCF 58.04(4)(a)2.c. c. The child is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma.
DCF 58.04(4)(b)1.1. If the child turned 18 years of age on or after August 1, 2014, but is under 21 years of age, the agency shall verify that the child is enrolled full-time at a secondary school or its vocational or technical equivalent, is in good academic standing, and there is an individualized education program under s. 115.787, Stats., in effect for the person.
DCF 58.04(4)(b)2. 2. The applicant or kinship care or long-term kinship care relative shall provide the kinship care agency with a statement signed by the kinship care or long-term kinship care relative and an official from the child's school or alternative high school program stating that the child meets all of the following criteria:
DCF 58.04(4)(b)2.a. a. The child is enrolled full-time in high school or a high school equivalency program or, if school is not currently in session, the child was enrolled during the previous session, and will be enrolled during the next session.
DCF 58.04(4)(b)2.b. b. The child is currently in good academic standing, or if the determination is made when school is not in session, the child was in good academic standing at the close of the previous session.
DCF 58.04(4)(b)2.c. c. There is an individualized education program under s. 115.787, Stats., in effect for the child.
DCF 58.04(4)(c) (c) A kinship care or long-term kinship care relative shall notify the agency when any of the following occur:
DCF 58.04(4)(c)1. 1. The child graduates.
DCF 58.04(4)(c)2. 2. The child earns a high school or high school equivalency diploma.
DCF 58.04(4)(c)3. 3. The child discontinues school or his or her education program.
DCF 58.04(4)(c)4. 4. The child is no longer in good academic standing.
DCF 58.04(4)(c)5. 5. There is no longer an individualized education program under s. 115.787, Stats., in effect for the child.
DCF 58.04(5) (5)Reapplication following denial or termination of benefits. If an applicant is denied a payment or a kinship care or long-term kinship care relative's payment is terminated and the applicant reapplies, the agency may suspend processing of the application if it determines that the situation related to the rationale for the denial or termination has not changed. Within 2 working days after the agency decides to suspend processing of the application, the agency shall send to the applicant a written notice of its decision. The notification of suspension shall include a statement of the applicant's right to appeal the decision.
DCF 58.04 History History: CR 99-071: cr. Register January 2002 No. 553, eff. 2-1-02; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0937: emerg. am. (1) eff. 1-1-10; CR 10-021: am. (1) Register September 2010 No. 657, eff. 10-1-10; EmR1414: emerg. am. (4) (title), renum. (4) (a), (b) to (4) (a) 1., 2., cr. (4) (b), eff. 8-1-14; CR 14-054: renum. (3) (b) to (3) (b) (intro.), (b) 1. and am., cr. (3) (b) 2., am. (4) (title), renum. (4) (a), (b) to (4) (a) 1., 2, cr. (4) (b), (c) 5. Register April 2015 No. 712, eff. 5-1-15.
DCF 58.05 DCF 58.05Additional criteria prohibited. An agency may not create criteria for eligibility for the kinship care or long-term kinship care program that are in addition to the criteria set forth in ss. DCF 58.04, 58.10, 58.14 and 58.15 (2).
DCF 58.05 History History: CR 99-071: cr. Register January 2002 No. 553, eff. 2-1-02; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DCF 58.06 DCF 58.06Timeline for action on an application.
DCF 58.06(1)(a) (a) An agency shall request a criminal background check from the department of justice and all applicable law enforcement agencies within 5 working days after receipt of the information necessary to conduct the criminal background check from the applicant or kinship care or long-term kinship care relative.
DCF 58.06(1)(b) (b) An agency shall approve or deny an application for a kinship care or long-term kinship care payment within 45 days after the agency receives the completed application.
DCF 58.06(2) (2) Each agency shall establish a written policy indicating when the kinship care or long-term kinship care payment will begin, but the written policy shall provide for the payment to begin no later than:
DCF 58.06(2)(a) (a) If the placement is court-ordered, the date on which the child was placed by the court order with the relative or 90 days prior to the date on which the agency received the completed application.
DCF 58.06(2)(b) (b) If the placement is not court ordered, the date on which the completed application was received.
DCF 58.06(2)(c) (c) A retroactive payment under pars. (a) and (b) shall be made once the application is approved.
DCF 58.06(2)(d) (d) Paragraphs (b) and (c) do not apply if the applicant or kinship care relative is placed on a waiting list.
DCF 58.06 History History: CR 99-071: cr. Register January 2002 No. 553, eff. 2-1-02.
DCF 58.065 DCF 58.065Special provisions for court-ordered kinship care and long-term kinship care approved after January 1, 2010.
DCF 58.065(1)(1)Payments pending decision on foster care application. Subject to subs. (2) and (3), the agency may make kinship care payments to a kinship care relative or long-term kinship care payments to a long-term kinship care relative who is providing care and maintenance for a child who is placed in the home of the kinship care relative or long-term kinship care relative under a court order or a voluntary transition-to- independent-living agreement until the earlier of the following:
DCF 58.065(1)(a) (a) Not more than 60 days after the date on which the county department or department received the completed application of the kinship care relative or long-term kinship care relative for a license to operate a foster home under s. DCF 58.04 (1).
DCF 58.065(1)(b) (b) The date on which the application for a license to operate a foster home is approved or denied or the kinship care relative or long-term kinship care relative is otherwise determined to be ineligible for licensure if the application is approved or denied or the kinship care relative or long-term kinship care relative is otherwise determined to be ineligible for licensure within those 60 days.
DCF 58.065(2) (2)Payment extension if no-fault delay. If the application for a license to operate a foster home is not approved or denied or the kinship care relative or long-term kinship care relative is not otherwise determined to be ineligible for licensure within 60 days after the date on which the county department or department received the completed application for any reason other than an act or omission of the kinship care relative or long-term kinship care relative, the county department or department may make payments until the earlier of the following:
DCF 58.065(2)(a) (a) Four months after the date on which the county department or department received the completed application.
DCF 58.065(2)(b) (b) The date on which the application is approved or denied or the kinship care relative or long-term kinship care relative is otherwise determined to be ineligible for licensure if the application is approved or denied or the kinship care relative or long-term kinship care relative is otherwise determined to be ineligible for licensure within those 4 months.
DCF 58.065(3) (3)Court approves continued kinship care or long-term kinship care placement. Notwithstanding that a kinship care relative's or long-term kinship care relative's application for a license to operate a foster home is denied or the kinship care relative is otherwise determined to be ineligible for licensure, the county department or, in a county having a population of 500,000 or more, the department may make payments to a kinship care relative for as long as all other requirements to receive kinship care or long-term kinship care, as applicable, are met if the court orders the child to remain in the kinship care relative's or long-term kinship care relative's home based on the following information submitted to the court by the county department or the department:
DCF 58.065(3)(a) (a) The background investigation specified in s. 48.57 (3p), Stats., and s. DCF 58.04 (2).
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.