Register September 2010 No. 657
Chapter DCF 58
ELIGIBILITY FOR THE KINSHIP CARE AND LONG-TERM KINSHIP CARE PROGRAM
Subchapter I — General Provisions
DCF 58.01 Authority and purpose.
DCF 58.04 Requirements for applicants and kinship care and long-term kinship care relatives.
DCF 58.05 Additional criteria prohibited.
DCF 58.06 Timeline for action on an application.
DCF 58.065 Special provisions for court-ordered kinship care and long-term kinship care approved after January 1, 2010.
DCF 58.066 Special provisions for court-ordered kinship care and long-term kinship care approved before January 1, 2010.
DCF 58.07 Payments prohibited.
DCF 58.08 Appeal and review rights.
DCF 58.09 Procedures for requesting an exemption for good cause to the requirement for cooperation in securing child support.
Subchapter II — Provisions Applicable to the Kinship Care Program Only
DCF 58.10 Eligibility criteria.
DCF 58.11 Verification of relationship and residence and notification.
DCF 58.12 Criteria for placement on waiting list.
DCF 58.13 Reassessment of eligibility.
Subchapter III — Provisions Applicable to the Long-Term Kinship Care Program Only
DCF 58.14 Relationship verification requirements.
DCF 58.15 Determination and agreement.
DCF 58.16 Review of eligibility.
Ch. DCF 58 Note
Note: Ch. HSS 58 was renumbered to ch. HFS 58 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats.,
Register, November, 2000, No. 539. Chapter HFS 58 as it existed in January 31, 2002 was repealed and a new chapter HFS 58 was created effective February 1, 2002. Chapter HFS 58 was renumbered to chapter DCF 58 under s. 13.92 (4) (b) 1., Stats.,
Register November 2008 No. 635.
DCF 58.01
DCF 58.01
Authority and purpose. This chapter is promulgated under the authority of ss.
48.57 (3m) (ar) and
227.11 (2), Stats., to establish criteria and procedures for determining initial and continuing eligibility of a relative who provides care and maintenance for a child to receive a monthly payment to help with the expenses involved in providing that care and maintenance.
DCF 58.01 History
History: CR 99-071: cr.
Register January 2002 No. 553, eff. 2-1-02.
DCF 58.02(1)(1)
To whom the rules apply. This chapter applies to the following relatives of a child who is residing with them:
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 58.03
Definitions. 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 a person under 18 years of age or 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(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(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 $215 before January 1, 2011, and $220 beginning January 1, 2011, 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 $215 before January 1, 2011, and $220 beginning January 1, 2011, 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(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 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.
DCF 58.04
DCF 58.04
Requirements 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.
