State of Wisconsin
Department of Children and Families
Technical Corrections and Minor Updates to Child Welfare Rules
DCF 12, 13, 39, 40, 50, 52, 55, 56, 58, and 59
The Wisconsin Department of Children and Families proposes to repeal s. DCF 39.03 (3); to renumber and amend s. DCF 12.02 (5); to amend ss. DCF 12.01 (1) and (Note); 12.02 (2), (3) (a), (4) (b), (8) (c), (14) (k) and (Note), (15) (b), (21) (d), (22) (b), and (26) (b) 1., 2., and 6.; 12.03 (2); 12.04 (title) and (2) (c); 12.05 (1); 12.06 (1) (intro.), (a) 1. to 4. and (Note); 12.08 (1) (intro.), (a), and (b), (2) (a) 4. and 5. and (b) 1., and (3) (intro.), (a), and (b); 12.09 (1) (a) 1. and 2.; 12.10 (1) (b); 12.11 (intro.); 12.13 (4) (intro.) and (5) (c) 1. b. and 3. b.; 12.14 (1) (b), (2), and (3); 12.15 (4) and (5); 12.16 (3); 13.02 (14) (b); 39.03 (14) (b), 39.08 (6); 40.02 (3); 40.04 (3) (b) 3. c. and 4. and (c) 2.; 50.02 (11) (b); 52.01; 52.03 (1); 52.12 (6) (a) 4.; 52.21 (6), (7) (a), (b), and (c) and (8) (b); 52.22 (2) (b) 1. and 5.; 52.23 (2) (c); 52.42 (7) (d) 4.; 52.48 (1) (b); 52.58 (2) (b); 52.59 (5) (d) 2. and (7) (b) 2.; 52.61 (7) (a) 2. (intro.); 52.62 (2) (c) 3.; 55.01 (Note); 55.02 (2), (5m) (b), and (10) (Note); 55.03 (1 (a) 1. (intro.) and b. and 3.; 55.04 (1) and (2); 55.05 (1) (a) and (c); 55.07 (Note); 55.11 (3) (a) 1.; 55.12 (2); 55.13 (2) (d) and (4) (intro.); 56.03 (11s) (b), (15), (27r), and (30); 56.04 (4) (a) 2. and (Note) and 4. and (b) 2. and 5m.; 56.05 (1) (a) 2., (b) 1. e., (c) 2. e., and (g) 3. and 4., (3) (a), (5) (b) and (c) (Note); 56.055 (2) (d), (3) (a) and (b), and (4) (intro.); 56.08 (6) (c) 1.; 56.09 (1) (i) and (m) (Note), (2m) (a) and (b) (intro.), (5) (d), (6) (b), (7), (9) (b) and (c) and (12) (intro.); 56.13 (4) (b), (5) (a) 1. a. and 2. b. and c., (6) (a) 1. a., (c) 2. b., (7) (f) 6. a. and d. and 9., and (8) (b); 56.14 (7) (d) and (8) (a); 56.21 (3) (b); 58.02 (4) (b) 3.. a., (8), (14) (b), and (25); 58.03 (2) and (3); 58.04 (1) (b) (Note); 58.05 (5); 58.06 (2) (e), and (6) (b); 58.07 (1) (a) and (2); 58.08 (4) (a) 3. a. and (b) 2., (5) (b) 1., 2. and (Note), (9) (b) 1., (11) (a) 1. d., (13) and (14) (Note), 58.10 (1) (a) 13., 15., and 16. and (2) (b) 2.; 58.12 (1) (a); 59.02 (6g) and (6m); 59.04 (1) (d) 2.; to repeal and recreate ss. DCF 39.09 (5), DCF 52.41 (1) (c) 8.; 55.13 (4) (a); 56.02 (2) (b) 4.; 56.055 (4) (a); and 59.04 (6) (a) 4., (b) 7., (c) 2. and (Note); and to create ss. DCF 12.02 (8g) and (8r), 55.13 (4) (b), 56.055 (4) (am), and 58.02 (23g), (23r), and (24m), relating to technical corrections and minor updates to child welfare rules. Analysis Prepared by the Department of Children and Families
Related statutes and rules: NA
Explanation of Agency Authority
Section 48.195 (6), Stats., provides that the department shall promulgate rules to implement s. 48.195, Stats., on taking a newborn child into custody. Section 48.57 (3m) (i), Stats., provides that the department shall promulgate rules to implement kinship care under s. 48.57 (3m), Stats., including rules to provide assessment criteria for determining whether a relative caregiver who is providing care and maintenance for a child is eligible to receive payments and rules governing the provision of payments for the care and maintenance of a child after the child attains 18 years of age. Section 48.57 (3n) (i), Stats., provides that the department shall promulgate rules to implement long-term kinship care under s. 48.57 (3n), Stats., including rules governing the provision of payments for the care and maintenance of a child after the child attains 18 years of age. Section 48.67 (intro.), Stats., provides that the department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. Section 48.685 (9), Stats., provides that the department may promulgate any rules necessary for the administration of the child welfare background check requirements in s. 48.685, Stats. Section 48.686 (8), Stats., provides that the department may promulgate any rules necessary for the administration of the child care background check requirements in s. 48.686, Stats. Section 48.975 (5), Stats., provides that the department shall promulgate rules necessary to implement adoption assistance under s. 48.975, Stats. Section 227.11 (2) (a), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute. Summary of the Rule
The proposed rules will make minor substantive changes, statutory updates, clarifications, and technical corrections to the department’s child welfare rules, including the following:
DCF 58, Kinship Care and Long-Term Kinship Care
The current ch. DCF 58 provides that a relative caregiver of a child is eligible for long-term kinship care only if the relative caregiver is the child’s guardian under s. 48.977, Stats. The proposed rules extend eligibility for long-term kinship care to a relative caregiver who is the guardian of a child under a tribal court order that is substantially similar to an order under s. 48.977, Stats. “Tribal court order” is defined as an order of a tribal court located in Wisconsin. Section 48.57 (3n) (am) 1., Stats., limited eligibility for long-term kinship care to a relative caregiver who was appointed the child’s guardian under s. 48.977, Stats., until the cross-reference to s. 48.977, Stats., was removed in 2009 Wisconsin Act 71. The proposed rules also do the following:
— Add “or a substantially similar tribal law of a tribe located in Wisconsin” to the definitions of “voluntary placement agreement” and “voluntary transition-to-independent-living agreement.”
— Create a definition for “tribal private guardianship order” to mean a guardianship order of a tribal court that is granted under a tribal law that is substantially similar to s. 48.9795, Stats., and add “or a tribal private guardianship order” to each cross-reference to s. 48.9795, Stats. — Correct terminology from “or a substantially similar Wisconsin tribal law” to “or a substantially similar tribal court order” throughout the rule. “Tribal court order” is defined as an order of a tribal court located in Wisconsin.
DCF 12, Background Checks for Child Welfare Programs
The proposed rules update DCF 12 to conform with changes to s. 48.685, Stats., as affected by 2019 Wisconsin Act 9, that require agencies and entities to conduct a background check on any adult working in a residential care center for children and youth, group home, or shelter care facility. The proposed rules define any of these facilities as a “congregate care facility” and a “congregate care worker” as any adult working in a congregate care facility. The term “congregate care worker” is added to various provisions throughout the rule, and the term “caregiver background check” is changed to “background check.” Prior to 2019 Wisconsin Act 9, an employee or contractor was subject to the background check requirements only if the employee or contractor met the definition of caregiver in s. 48.685 (1) (ag), Stats. DCF 12, Background Checks for Child Welfare Programs, and DCF 13, Background Check for Child Care Programs
A citation in the definition of “final substantiated finding” of child abuse or neglect is corrected.
DCF 39, Relinquishing Custody of a Newborn Child
DCF 39 includes a definition of “hospital staff member” that specifies various types of hospital staff members including “a hospital social worker, as described in s. DHS 124.25.” This provision is replaced with “a hospital social worker, case worker, or social work assistant.” In addition, a reference to the Bureau of Milwaukee Child Welfare is replaced with “the department in a county with a population of 750,000 or more.” DCF 40, Review of a Determination of Child Abuse or Neglect
The population of Milwaukee County is updated from 500,000 to 750,000 in the definition of “agency.”
DCF 50, Facilitating Public Adoptions and Adoption Assistance
A citation in the definition of “final substantiated finding” of child abuse or neglect is corrected.
DCF 52, Residential Care Centers for Children and Youth
The proposed rule corrects a misplaced exception regarding the effect of a court order placing resident in a locked unit.
DCF 52, Residential Care Centers for Children and Youth, and DCF 59, Shelter Care Facilities
The proposed rules remove obsolete language in chs. DCF 52 and 59 that requires the background information disclosure form to be notarized.
