Section 48.57 (3m), Stats., specifies the conditions for a kinship care relative to receive assistance for the care and maintenance of a child who meets or is at risk of meeting the criteria in s. 48.13 or 938.13, Stats., regarding a child who is in need of protection and services. Section 48.57 (3m) (i), Stats., provides that the department shall promulgate rules to implement sub. (3m). Those rules shall include all of the following: • Rules to provide assessment criteria for determining whether a kinship care relative who is providing care and maintenance for a child is eligible to receive payments under par. (am). The rules shall also provide that any criteria established under the rules shall first apply to applications for payments under par. (am) received, and to reviews under par. (d) conducted, on the effective date of those rules.
• Rules governing the provision of kinship care payments for the care and maintenance of a child after the child attains 18 years of age.
Section 48.57 (3n), Stats., specifies the conditions for a long-term kinship care relative to receive similar assistance. Section 48.57 (3n) (i), Stats., provides that the department shall promulgate rules to implement sub. (3n). Those rules shall include rules governing the provision of long−term kinship care payments for the care and maintenance of a child after the child attains 18 years of age. Section 48.57 (3p), Stats., specifies the requirements and procedures of the background check that is a condition of eligibility for assistance under subs. (3m) and (3n), Stats. Section 227.11 (2) (a) (intro.), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency.
4. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
150 hours
5. List with description of all entities that may be affected by the rule
County departments of social services and human services, tribal child welfare agencies, kinship care relatives, and long-term kinship care relatives.
6. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule
NA
7. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
None or minimal
Contact Person:
Holly Telfer, Kinship Care Specialist
Bureau of Permanence and Out-of-Home Care
(608) 422-6921
