SECTION 14. DCF 58.01 is amended to read:
DCF 58.01 Purpose. This chapter is promulgated under the authority of ss. 48.57 (3m) (h) and (i) and (3n) (h) and (i) and 227.11 (2), Stats., to establish criteria and procedures for determining the initial and continuing eligibility of a relative providing care and maintenance for a child caregiver for a monthly payment to assist with the expenses involved in providing that care and maintenance for the child and for recovering overpayments. SECTION 14. DCF 58.02 (18m) is created to read:
DCF 58.02 (18m) “Like-kin” has the meaning given in s. 48.02 (12c), Stats. SECTION 15. DCF 58.02 (22) is repealed and recreated to read:
DCF 58.02 (22) “Relative” has the meaning given s. 48.02 (15), Stats., except that it does not include a parent. SECTION 16. DCF 58.02 (23) is amended to read:
DCF 58.02 (23) “Relative caregiver” means a relative; an extended family member, as defined in s. 48.028 (2) (am), Stats.; or like-kin that is providing care and maintenance for a child and is applying for, or receiving, kinship care payments or long-term kinship care payments. SECTION 17. DCF 58.03 is amended to read:
DCF 58.03 Types of care by a relative caregiving caregiver. This chapter applies to the following types of care by a relative caregiving caregiver of a child:
(1) Court-ordered out-of-home care placement. A relative caregiver applying for or receiving kinship care payments on behalf of a child that was placed in the relative’s relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement and is under the placement and care responsibility of a child welfare agency. A relative caregiver under this subsection shall also apply for or has have applied for a license to operate a foster home under ch. DCF 56, unless the child was placed in the relative caregiver’s home by a court order of a tribal court. (2) Voluntary. A relative caregiver applying for or receiving kinship care payments on behalf of a child residing with the relative caregiver for a child that was not placed in the relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement and is not under the placement and care responsibility of a child welfare agency. The child’s living arrangement with the relative caregiver may be informal or the relative caregiver may be the child’s guardian under s. 48.9795, Stats., or a tribal private guardianship order. (3) Guardian appointed for child in need of protection or services. A relative caregiver that is applying for or receiving long-term kinship care payments and is a child’s guardian under s. 48.977, Stats., or a tribal court order that is substantially similar to an order under s. 48.977, Stats. SECTION 18. DCF 58.04 (4) (a) is repealed and recreated to read:
DCF 58.04 (4) (a) A relative caregiver shall attest to the relative caregiver’s relationship to the child on the application under sub. (1).
SECTION 19. DCF 58.04 (4) (am) is created to read:
DCF 58.04 (4) (am) A relative caregiver shall provide documentation to the kinship care agency that verifies that the child is residing with the relative caregiver, such as the child’s medical assistance card or a written statement from a school representative. If no formal documentation is available, the relative caregiver may attest to the living arrangement on the application under sub. (1).
SECTION 20. DCF 58.08 (10) (a) 3. and (14) are amended to read:
DCF 58.08 (10) (a) 3. ‘Type of care by a relative caregiving caregiver changes to voluntary.’ A relative caregiver whose type of relative caregiving care under s. DCF 58.03 changes to voluntary under s. DCF 58.03 (2) while the relative caregiver is receiving kinship care payments or long-term kinship care payments. (14) Change in type of care by a relative caregiving caregiver. (a) Following a change in a relative caregiver’s type of relative caregiving as specified care under s. DCF 58.03, the kinship care agency shall determine if the relative caregiver’s eligibility for kinship care or long-term kinship care has changed. (b) If the relative caregiver’s eligibility for kinship care or long-term kinship care changes due to a change in the type of relative caregiving care under s. DCF 58.03, the kinship care agency shall use information about the relative caregiver and child previously obtained to the extent appropriate to document the relative caregiver’s eligibility following the change in the type of relative caregiving care. The kinship care agency may require additional information and actions only as necessary for the eligibility determination and may not require a relative caregiver to complete a new application under s. DCF 58.04 (1). Note: For other provisions affecting a change in the type of care by a relative caregiving caregiver, see s. DCF 58.06 (1) (c) 2. and sub. (10) (a) 3. SECTION 21. DCF 58.10 (4) (c) 1. (intro.) and 2. are amended to read:
DCF 58.10 (4) (c) 1. (intro.) To determine if a relative caregiver’s eligibility for kinship care is expected to continue when a child turns 18 years old if the child was placed in the relative’s relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement and is under the placement and care responsibility of a child welfare agency, a kinship care agency that has access to the department’s child welfare automation system shall do all of the following:
2. A kinship care agency that does not have access to the department’s child welfare automation system shall use the procedures in par. (b) to determine if eligibility is expected to continue when the child turns 18 years old and the relative caregiver is receiving kinship care payments on behalf of a child that was placed in the relative’s relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement.
SECTION 22. EFFECTIVE DATE. This rule takes effect on January 1, 2025, and shall remain in effect for 150 days, as provided in s. 227.24 (1) (c), Stats., subject to extensions under s. 227.24 (2), Stats.
