48.57(3m)(i)2.2. Rules governing the provision of kinship care payments for the care and maintenance of a child after the child attains 18 years of age.
48.57 Cross-referenceCross-reference: See also ch. DCF 58, Wis. adm. code.
48.57(3n)(3n)
48.57(3n)(a)(a) In this subsection:
48.57(3n)(a)1.1. “Child” means a person under 18 years of age. “Child” also includes a person 18 years of age or over, if any of the following applies:
48.57(3n)(a)1.a.a. The person is under 19 years of age, is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma.
48.57(3n)(a)1.b.b. The person is under 21 years of age, the person is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the person, and the person is placed in the home of the long-term kinship care provider under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3).
48.57(3n)(a)2.2. “Long-term kinship care provider” means a relative other than a parent, an extended family member, as defined in s. 48.028 (2) (am), or like-kin.
48.57(3n)(am)(am) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), a county department and, in a county having a population of 750,000 or more, the department shall make monthly payments for each child per month in the amount of $375 beginning on January 1, 2024, to a long-term kinship care provider who is providing care and maintenance for that child if all of the following conditions are met:
48.57(3n)(am)1.1. The long-term kinship care provider applies to the county department or department for payments under this subsection, provides proof that he or she has been appointed as the guardian of the child, and, if the child is placed in the home of the long-term kinship care provider under a court order, other than a court order under s. 48.9795 or ch. 54, 2017 stats., applies to the county department or department for a license to operate a foster home.
48.57(3n)(am)2.2. The county department or department inspects the long-term kinship care provider’s home, interviews the long-term kinship care provider and determines that long-term placement with the long-term kinship care provider is in the best interests of the child.
48.57(3n)(am)4.4. The county department or department conducts a background investigation under sub. (3p) of the long-term kinship care provider, the employees and prospective employees of the long-term kinship care provider who have or would have regular contact with the child for whom the payments would be made and any other adult resident, as defined in sub. (3p) (a), of the long-term kinship care provider’s home to determine if the long-term kinship care provider, employee, prospective employee or adult resident has any arrests or convictions that are likely to adversely affect the child or the long-term kinship care provider’s ability to care for the child.
48.57(3n)(am)4m.4m. Subject to sub. (3p) (fm) 1m. and 2m., the long-term kinship care provider states that he or she does not have any arrests or convictions that could adversely affect the child or the long-term kinship care provider’s ability to care for the child and that, to the best of the long-term kinship care provider’s knowledge, no adult resident, as defined in sub. (3p) (a), and no employee or prospective employee of the long-term kinship care provider who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the long-term kinship care provider’s ability to care for the child.
48.57(3n)(am)5.5. The long-term kinship care provider cooperates with the county department or department in the application process, including applying for other forms of assistance for which the child may be eligible.
48.57(3n)(am)5m.5m. The long-term kinship care provider is not receiving payments under sub. (3m) with respect to the child.
48.57(3n)(am)5r.5r. The child for whom the long-term kinship care provider is providing care and maintenance is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.
48.57(3n)(am)6.6. The long-term kinship care provider and the county department or department enter into a written agreement under which the long-term kinship care provider agrees to provide care and maintenance for the child and the county department or department agrees, subject to sub. (3p) (hm), to make monthly payments to the long-term kinship care provider at the rate specified in sub. (3m) (am) (intro.) until the earliest of the following:
48.57(3n)(am)6.a.a. The date on which the child attains the age of 18 years; or, if on that date the child is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent and is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma, the date on which the child is granted a high school or high school equivalency diploma or the date on which the child attains the age of 19 years, whichever occurs first; or, if on that date the child is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent and an individualized education program under s. 115.787 is in effect for the child, the date on which the child is granted a high school or high school equivalency diploma or the date on which the child attains the age of 21 years, whichever occurs first.
48.57(3n)(am)6.b.b. The date on which the child dies.
48.57(3n)(am)6.c.c. The date on which the child is placed outside the long-term kinship care provider’s home under a court order or under a voluntary agreement under s. 48.63 (1) (a) or (b) or (5) (b).
48.57(3n)(am)6.d.d. The date on which the child ceases to reside with the long-term kinship care provider.
48.57(3n)(am)6.e.e. The date on which the long-term kinship care provider’s guardianship under s. 48.977 terminates.
48.57(3n)(am)6.f.f. The date on which the child moves out of the state.
48.57(3n)(ap)(ap)
48.57(3n)(ap)1.1. Subject to subds. 2. and 3., the county department or, in a county having a population of 750,000 or more, the department may make payments under par. (am) to a long-term kinship care provider who is providing care and maintenance for a child who is placed in the home of the long-term kinship care provider for no more than 60 days after the date on which the county department or department received under par. (am) 1. the completed application of the long-term kinship care provider for a license to operate a foster home or, if the application is approved or denied or the long-term kinship care provider is otherwise determined to be ineligible for licensure within those 60 days, until the date on which the application is approved or denied or the long-term kinship care provider is otherwise determined to be ineligible for licensure.
48.57(3n)(ap)2.2. If the application specified in subd. 1. is not approved or denied or the long-term kinship care provider 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 long-term kinship care provider, the county department or department may make payments under par. (am) for 4 months after the date on which the county department or department received the completed application or, if the application is approved or denied or the long-term kinship care provider is otherwise determined to be ineligible for licensure within those 4 months, until the date on which the application is approved or denied or the long-term kinship care provider is otherwise determined to be ineligible for licensure.
48.57(3n)(ap)3.3. Notwithstanding that an application of a long-term kinship care provider specified in subd. 1. is denied or the long-term kinship care provider is otherwise determined to be ineligible for licensure, the county department or, in a county having a population of 750,000 or more, the department may make payments under par. (am) to the long-term kinship care provider until an event specified in par. (am) 6. a. to f. occurs if the county department or department submits to the court information relating to the background investigation specified in par. (am) 4., an assessment of the safety of the long-term kinship care provider’s home and the ability of the long-term kinship care provider to care for the child, and a recommendation that the child remain in the home of the long-term kinship care provider and the court, after considering that information, assessment, and recommendation, orders the child to remain in the long-term kinship care provider’s home. If the court does not order the child to remain in the kinship care provider’s home, the court shall order the county department or department to request a change in placement under s. 48.357 (1) (am) or 938.357 (1) (am) or to request a termination of the guardianship order under s. 48.977 (7). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) 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.
48.57(3n)(ar)(ar) Subject to sub. (3p) (fm) 1m. and (hm), a county department or, in a county having a population of 750,000 or more, the department shall enter into an agreement under par. (am) 6. if all of the following conditions are met:
48.57(3n)(ar)1.1. All of the conditions in par. (am) 1. to 5r. are met.