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).
DCF 58.065(3)(b) (b) The county department's or department's assessment of the safety of the kinship care relative's or long-term kinship care relative's home and the ability of the kinship care relative or long-term kinship care relative to care for the child.
DCF 58.065(3)(c) (c) A recommendation by the county department or the department that the child remain in the home of the kinship care relative or long-term kinship care relative.
DCF 58.065(4) (4)Court denies continued kinship care or long-term kinship care placement. If 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 or long-term kinship care relative is otherwise determined to be ineligible for licensure and the court does not order the child to remain in the kinship care relative's or long-term kinship care relative's home under sub. (3), the county department or department shall request a change in placement under s. 48.357 (1) (am) or 938.357 (1) (am), Stats., or a termination of the guardianship order under s. 48.977 (7), Stats., for the long-term kinship care relative. Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a), Stats., may also request a change in placement and any person who is authorized to file a petition for the appointment of a guardian for the child may also request a termination of the guardianship order.
DCF 58.065 History History: EmR0937: emerg. cr. eff. 1-1-10; CR 10-021: cr. Register September 2010 No. 657, eff. 10-1-10; CR 14-054: am. (1) Register April 2015 No. 712, eff. 5-1-15.
DCF 58.066 DCF 58.066Special provisions for court-ordered kinship care and long-term kinship care approved before January 1, 2010.
DCF 58.066(1) (1)Foster home license required. By no later than 6 months after the date of the first review under s. DCF 58.13 or 58.16, occurring after January 1, 2010, of the placement of a child who on December 31, 2009, was placed in the home of a kinship care relative or a long-term kinship care relative under an order of the court assigned to exercise jurisdiction under chs. 48 and 938, Stats., the kinship care relative or long-term kinship care relative shall obtain a license to operate a foster home under s. 48.62 (1), Stats.
DCF 58.066(2) (2)Exception. If the kinship care relative or long-term kinship care relative refuses to obtain a license to operate a foster home as required under sub. (1) or is unable to meet the minimum requirements for the issuance of such a license, at the first permanency plan review under s. 48.38 (5) or 938.38 (5), Stats., or permanency plan hearing under s. 48.38 (5m) or 938.38 (5m), Stats., occurring after the date by which the kinship care relative or long-term kinship care relative is required under sub. (1) to obtain the license, the agency, as defined in s. 48.38 (1) (a) or 938.38 (1) (a), Stats., that prepared the child's permanency plan shall make a recommendation, and the court or panel conducting the review or hearing shall make a determination under s. 48.38 (5) (c) 1. or 938.38 (5) (c) 1., Stats., regarding the continuing necessity for and safety and appropriateness of the placement. If the court or panel determines that the placement continues to be necessary, safe, and appropriate, the child may remain in the placement and the kinship care relative or long-term kinship care relative may continue to receive payments under s. 48.57 (3m) (am) or (3n) (am), Stats.
DCF 58.066 History History: EmR0937: emerg. cr. eff. 1-1-10; CR 10-021: cr. Register September 2010 No. 657, eff. 10-1-10.
DCF 58.07 DCF 58.07Payments prohibited.
DCF 58.07(1) (1)When relative is receiving foster care payment or another type of kinship care payment. No relative may simultaneously receive a kinship care payment or a long-term kinship care payment and a foster care payment under s. 48.62 (4), Stats., for the care and maintenance of the same child.
DCF 58.07(2) (2)When child is receiving supplemental security income. No kinship care payment under s. 48.57 (3m), Stats., or long-term kinship care payment under s. 48.57 (3n), Stats., may be made to a relative on behalf of a child who is receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77, Stats.
DCF 58.07(3) (3)Inability to receive kinship care and long-term kinship care payments simultaneously. No relative may simultaneously receive a kinship care payment and a long-term kinship care payment for the same child.
DCF 58.07 History History: CR 99-071: cr. Register January 2002 No. 553, eff. 2-1-02.
DCF 58.08 DCF 58.08Appeal and review rights.
DCF 58.08(1) (1)Notice.
DCF 58.08(1)(a)(a) If an agency denies approval to an applicant for a kinship care or long-term kinship care payment, discontinues a kinship care or long-term kinship care payment or denies a good cause claim under s. DCF 58.09, the agency shall notify the applicant or kinship care or long-term kinship care relative in writing of its decision and the reasons for the decision, and shall include in the notice information about the applicant's or kinship care or long-term kinship care relative's right to appeal or request a review of that decision under sub. (2).
DCF 58.08(1)(b) (b) If the notice states a payment will be discontinued, the notice shall also include a statement that the payment shall not be terminated until after the hearing decision is issued following the hearing if the kinship care or long-term kinship care relative requests a hearing within 10 days after the date of the notice. The notice shall also state that if the decision to terminate the payment is upheld at or after the appeal hearing, any payments made while the appeal was pending may be recovered by the agency.
DCF 58.08(2) (2)Appeal or review agency.
DCF 58.08(2)(a)1.1. If an application is denied or a payment is terminated as the result of a negative criminal background of the applicant or kinship care or long-term kinship care relative, another adult resident of the applicant's or kinship care or long-term kinship care relative's home or an employee of the applicant or kinship care or long-term kinship care relative, the applicant or kinship care or long-term kinship care relative may request a review of that decision to one of the following, whichever is applicable:
DCF 58.08(2)(a)1.a. a. The director of the county department.
DCF 58.08(2)(a)1.b. b. In Milwaukee County, the director of the department's bureau of Milwaukee child welfare.
DCF 58.08(2)(a)1.c. c. Where a tribe is administering the kinship care program, a person designated by the governing body of the American Indian tribe or band.
DCF 58.08 Note Note: An applicant for a long-term kinship care payment or a long-term kinship care relative is not entitled to a review if the denial is based on a criminal record check. However, the director of the county agency, the designated tribal representative or the director of the Bureau of Milwaukee Child Welfare may approve the long-term kinship care agreement if that person determines that the arrest or conviction would not adversely affect the child or adversely affect the long-term kinship care relative's ability to care for the child.
DCF 58.08(2)(a)2. 2. A review under subd. 1. for an applicant for kinship care or a kinship care or long-term kinship care relative shall include consideration of the following factors on a case-by-case basis:
DCF 58.08(2)(a)2.a. a. The length of time between the date of the arrest, conviction or of the imposition of the penalty and the date of the review.
DCF 58.08(2)(a)2.b. b. The nature of the violation or penalty and how that violation or penalty affects the ability of the kinship care relative to care for the child.
DCF 58.08(2)(a)2.c. c. Whether making an exception to the denial or prohibition would be in the best interests of the child.
DCF 58.08(2)(a)3. 3. A review under subd. 1. shall be held within 30 days after the request for a review is made and the results of the review shall be provided to the applicant or kinship care or long-term kinship care relative within 10 working days after the review.
DCF 58.08(2)(b) (b) If an application is denied or a payment is terminated for a reason other than a criminal background, including any decision related to a good cause claim under s. DCF 58.09, the applicant, kinship care relative or long-term kinship care relative may appeal that decision to the division of hearings and appeals in the Wisconsin department of administration.
DCF 58.08 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 (608) 264-9885; or delivered to 4822 Madison Yards Way, Madison, WI 53705.
DCF 58.08(2)(c) (c) If the agency fails to act on an application within the 45 days allowed under s. DCF 58.06 (1) (b), the applicant may appeal that failure to the department of administration's division of hearings and appeals.
DCF 58.08(3) (3)Timing of appeals. An appeal or review requested under sub. (2) shall be filed not more than 45 days after the date of the decision to deny or terminate a payment or, if the agency takes no action on an application, not more than 45 days after the end of the 45-day period under s. DCF 58.06 (1) (b). An appeal or review shall be considered filed if received by the division of hearings and appeals or review agency, whichever is appropriate, not more than 45 days after the date of notification of the decision to deny or terminate a kinship care or long-term kinship care payment or, if the appeal relates to inaction on an application by the agency, within 90 days after the applicant's submission of a completed application. An appeal or review requested more than 45 days after that date shall be denied.
DCF 58.08 History History: CR 99-071: cr. Register January 2002 No. 553, eff. 2-1-02; corrections in (1) (a), (2) (b), (c) and (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DCF 58.09 DCF 58.09Procedures for requesting an exemption for good cause to the requirement for cooperation in securing child support.
DCF 58.09(1) (1)Definitions. In this section:
DCF 58.09(1)(a) (a) “Emotional harm" means that the child or relative is so emotionally impaired that his or her functioning is substantially affected.
DCF 58.09(1)(b) (b) “Serious nature" means:
DCF 58.09(1)(b)1. 1. In reference to a relative, that the physical or emotional impairment is or will be substantial enough to affect the relative's capacity to care for the child.
DCF 58.09(1)(b)2. 2. In reference to a child, that the physical or emotional impairment is or will be substantial enough to affect the child's emotional, mental or physical functioning.
DCF 58.09(2) (2)Right to request good cause exemption. An applicant or kinship care or long-term kinship care relative may request a good cause exemption from the requirement under s. DCF 58.04 (3) (b) to cooperate with the kinship care agency in referring the child's parent or parents to the child support agency.
DCF 58.09(3) (3)Claiming good cause.
DCF 58.09(3)(a)(a) Good cause notice.
DCF 58.09(3)(a)1.1. A kinship care agency shall provide a printed good cause notice developed by the department to each applicant for kinship care or long-term kinship care benefits.
DCF 58.09(3)(a)2. 2. The notice shall describe the right to refuse to cooperate for good cause in securing child support and shall include advising the applicant or kinship care or long-term kinship care relative of all of the following:
DCF 58.09(3)(a)2.a. a. The potential benefits the child may derive from securing child support.
DCF 58.09(3)(a)2.b. b. That, by law, cooperation in securing child support is a condition of eligibility for kinship care and long-term kinship care benefits.
DCF 58.09(3)(a)2.c. c. That good cause for refusing to cooperate may be claimed and that if the kinship care agency finds that there is good cause, the applicant or kinship care or long-term kinship care relative will be excused from the cooperation requirement.
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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.