Current through August 26, 2024
(1) APPLICATION.
(a)
Complete application. A
kinship care agency shall consider a relative caregiver's application for
kinship care payments or long-term kinship care payments to be complete when
the agency has received all of the following from the relative caregiver:
1. All information required on the
application form prescribed by the department under s. DCF 58.04 (1).
2. All information that a relative caregiver
is required to provide for background checks under s. DCF 58.05(3).
(b)
Agency
timeframe for determining eligibility. Except as provided under s. DCF 58.09, a kinship care agency shall approve or deny a relative caregiver's
application within 45 days after receiving the complete application specified
under par. (a).
Note: See s. DCF 58.05 (1) for the deadline for
beginning background checks.
(c)
Reapplication within 2
years. A kinship care agency may refuse to accept an application for
kinship care or long-term kinship care from a relative caregiver that was
determined ineligible for the same program within the previous 2 years if the
agency determines that the reason for the previous denial or termination of
payments has not changed.
(2) HEALTH INSURANCE. A kinship care agency
shall do all of the following:
(a) Provide
information on medical assistance to all relative caregivers during the initial
eligibility determination process.
(b) Require that a relative caregiver that
does not have private health insurance for the child apply for medical
assistance for the child and assist the relative caregiver with applying if
appropriate.
(c) Inform a relative
caregiver that has private health insurance for the child that medical
assistance may be available as a secondary health insurance.
(3) AGENCY ELIGIBILITY OR
TERMINATION CRITERIA PROHIBITED. A kinship care agency may not create
eligibility or termination criteria for kinship care or long-term kinship care
that are in addition to the criteria in this chapter and s.
48.57(3m), (3n), and (3p), Stats.
(4) BEST INTERESTS DETERMINATION.
(a)
Voluntary and long-term kinship
care. When determining whether living with the relative caregiver is
in the best interests of the child under s. DCF 58.06, the kinship care agency
shall do all of the following:
1. Assess the
ability of the relative caregiver to care for the child and the safety of the
relative caregiver's home and do the following if applicable:
a. If a kinship care agency determines that a
relative caregiver has a positive approach to parenting the child under s. DCF 58.06 (2) (a) 1., despite a parenting history that includes behaviors or
actions that are contrary to the health, safety, or welfare of a child, the
agency shall document the reasons for concern in the relative caregiver's
parenting history and the agency's rationale for determining that the relative
caregiver has a positive approach to parenting the child despite the parenting
history.
b. If the relative
caregiver does not have safe sleeping arrangements for the child as required
under s. DCF 58.06 (5) (b) 2., the kinship care agency shall assist the
relative caregiver with obtaining the needed crib or bed.
Note: The contract between the department and a
county for the provision of child welfare services includes an allocation for
kinship care assessments that may be used for relative caregiver needs, such as
purchasing a needed crib or bed.
2. With an approach that is trauma-informed
and age and developmentally appropriate, talk to each child for whom a relative
caregiver is applying for or receiving kinship care payments or long-term
kinship care payments and discuss the child's needs.
3. When determining a relative caregiver's
initial eligibility for kinship care or long-term kinship care, check for all
of the following:
a. Child abuse or neglect
investigations or final substantiated findings in any jurisdiction in Wisconsin
in which the relative caregiver, adult residents, prospective adult residents,
employees, and prospective employees reside or have resided within the previous
5 years.
b. Investigations or
findings on a child abuse or neglect registry maintained by any jurisdiction
outside Wisconsin in which the relative caregiver, adult residents, prospective
adult residents, employees, or prospective employees reside or have resided
within the previous 5 years.
4. When redetermining a relative caregiver's
eligibility, make the checks specified under subd. 3. in any jurisdiction where
the relative caregiver, adult resident, or employee reside or have resided
since the most recent check by the kinship care agency.
(b)
Voluntary kinship care; parental
consent.
1. `Request express consent
for living arrangement.' When determining a relative caregiver's initial
eligibility for voluntary kinship care when the relative caregiver is not the
child's guardian, the kinship care agency shall make diligent efforts to
contact the custodial parent or parents and request that the parent or parents
sign a form prescribed by the department expressly consenting to the child
living with the relative caregiver. The initial effort to contact the custodial
parent or parents shall be by mail. The agency may subsequently attempt contact
by phone, in person, or by electronic mail.
Note: DCF-F-5371, Voluntary Kinship Care
Parental Approval, is available on the department's website at
https://dcf.wisconsin.gov/forms.
2. `Express denial.' The kinship care agency
shall determine that a relative caregiver is ineligible to receive voluntary
kinship care and contact the local child protective services agency if the
relative caregiver does not have guardianship of the child under s.
48.9795,
Stats., or a tribal private guardianship order, and a custodial parent
expressly denies consent for the child to live with the relative caregiver.
Note: In some circumstances, it may be
appropriate for the relative caregiver to seek guardianship of the
child.
3. `Implied consent.'
A kinship care agency may determine that consent by the child's custodial
parent or parents for the child to live with the relative caregiver is implied
if any of the following conditions is met:
a.
The kinship care agency makes diligent efforts to contact the child's custodial
parent or parents and does not receive a response from any of the child's
custodial parents within 20 days after the agency's first attempt to contact
the custodial parent or parents.
b.
The child's custodial parent or parents respond to the kinship care agency in a
manner that is not an express denial of consent for the child to live with the
relative caregiver.
Note: The agency is seeking consent for the
child to live with the relative caregiver. Parental consent for the relative
caregiver to receive kinship care payments is not required. If a parent informs
the agency that the parent does not want to pay child support, the agency
should redirect the conversation toward obtaining consent for the living
arrangement.
c. The child
has 2 custodial parents, one custodial parent responds in a manner that is not
an express denial of consent for the child to live with the relative caregiver,
and the other custodial parent does not respond to the agency's diligent
efforts to contact the parent within 20 days after the first attempt to contact
the parent.
(5) CHILD SAFETY.
(a)
Child protective
services. A kinship care agency that has reasonable cause to suspect
that the child has been abused or neglected or has been threatened with abuse
or neglect and that abuse or neglect will occur shall report the facts and
circumstances contributing to the suspicion to the local child protective
services agency under s.
48.981(2),
Stats.
(b)
Court.
1. `Guardian; not in best interests.' If a
kinship care agency has concerns about whether it continues to be in a child's
best interests to live with a relative caregiver that has been appointed the
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., or under s.
48.9795,
Stats., or a tribal private guardianship order, the kinship care agency shall
inform the court that appointed the guardianship.
2. `Parent in home; long-term kinship care.'
If a child's parent resides with the child and the relative caregiver that is
the 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., for more than 30 days, the kinship care agency shall inform the court
that appointed the guardianship.
Note: Guardianships under s.
48.977,
Stats., or a tribal court order that is substantially similar to an order under
s.
48.977,
Stats., are the result of a previous action under ch. 48, Stats., or
substantially similar tribal law, in which child safety may have been an issue.
Therefore, it is imperative that the kinship care agency responds accordingly
when the agency becomes aware of a situation that circumvents the
guardianship.
(6) CHILD AGE 18 OR OVER. A kinship care
agency may contact the school that a child 18 years of age or over is attending
to verify the documentation submitted by the relative caregiver under s. DCF 58.04 (2) (h).
(7) ADDITIONAL CHILD
WITHIN 6 MONTHS. If a relative caregiver applies for kinship care or long-term
kinship care for a child that moves into the relative caregiver's home within 6
months after the kinship care agency determined that the relative caregiver is
eligible for kinship care or long-term kinship care for a different child, all
of the following apply:
(a) The kinship care
agency shall direct the relative caregiver to complete only the child-specific
portions of the application under s. DCF 58.04 (1).
(b) The kinship care agency is not required
to conduct new background checks under s. DCF 58.05.
(c) In determining whether living with the
relative caregiver is in the best interests of the child under s. DCF 58.06,
the kinship care agency may use information obtained for the agency's most
recent determinations under s. DCF 58.06 (2) to (4) for the other
children.
(d) At the earliest date
that an eligibility redetermination is required under s. DCF 58.10 (3) for the
care of any child in the relative caregiver's home, the kinship care agency
shall redetermine the relative caregiver's eligibility for all children in the
home for whom the relative caregiver is receiving kinship care payments or
long-term kinship care payments.
(8) DETERMINATION.
(a) A kinship care agency shall determine
whether a relative caregiver is eligible to receive kinship care payments or
long-term kinship care payments and send the relative caregiver a written
notice of the decision on a form prescribed by the department.
(b) A notice denying or terminating a
relative caregiver's eligibility shall include the reasons for the denial or
termination and a summary of appeal rights under s. DCF 58.11 and s.
48.57(3m) (f), (3n) (f), and (3p) (h) or (hm), Stats.,
as applicable.
(c) A notice
terminating eligibility shall inform the relative caregiver that payments will
continue until a review or hearing decision is issued if the relative caregiver
submits a request for a review or hearing as specified under s. DCF 58.11
within 10 days after the date of the notice. Any payments issued while the
review or hearing is pending may be recovered by the kinship care agency if the
agency's determination is upheld.
Note: DCF-F-5370-E, Kinship Care
Eligibility Determination, is available on the department's website at
https://dcf.wisconsin.gov/forms.
(9) PAYMENT.
(a)
Kinship care payments.
After a kinship care agency has determined that a relative caregiver is
eligible to receive kinship care payments, the agency shall issue payments that
begin as follows:
1. For a child that was
placed in the relative caregiver's home under a court order or a voluntary
transition-to-independent-living agreement, the later of the following:
a. The date the child was placed in the
relative caregiver's home under a court order or a voluntary
transition-to-independent-living agreement.
b. Ninety days prior to the date the kinship
care agency received the relative caregiver's application information under
sub. (1) (a).
2. For
voluntary kinship care, the date on which the kinship care agency received the
relative caregiver's application information under sub. (1) (a), unless the
relative caregiver is placed on a waiting list under sub. (11).
(b)
Long-term kinship care
payments. After a kinship care agency has determined that a relative
caregiver is eligible to receive long-term kinship care payments, the agency
shall issue payments that begin the later of the following:
1. The date the relative caregiver was
appointed to be the 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.
2. Ninety days prior to the
date the kinship care agency received the relative caregiver's application
information under sub. (1) (a).
(10) WAITING PROHIBITED.
(a)
Waiting list prohibited.
A kinship care agency may not place any of the following relative caregivers on
a waiting list:
1. `Long-term kinship care.' A
relative caregiver that has been determined eligible for long-term kinship care
payments.
2. `Kinship care with
court-ordered placement.' A relative caregiver that has been determined
eligible for kinship care payments if the child was placed with the relative
caregiver under a court order or a voluntary transition-to-independent-living
agreement and a child welfare agency has placement and care responsibility for
the child.
3. `Type of relative
caregiving changes to voluntary.' A relative caregiver whose type of relative
caregiving 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.
(b)
Continued payment by previous agency until funding available.
1. Subject to subds. 2. and 3., a kinship
care agency shall continue to make kinship care payments to a relative
caregiver receiving voluntary kinship care payments from the agency if the
relative caregiver moves to an area of the state served by another kinship care
agency that has a waiting list.
2.
The kinship care agency serving the area of the relative caregiver's new
residence under subd. 1. shall place the relative caregiver's name at the top
of the agency's waiting list.
3.
The kinship care agency serving the area where the relative caregiver is
residing shall begin making the kinship care payments to the relative caregiver
when the agency's contract with the department is renewed or amended or the
agency otherwise has kinship care funding available to make the
payments.
(11)
WAITING LIST POLICY AND PROCEDURES FOR VOLUNTARY KINSHIP CARE.
(a)
Policy. Each kinship
care agency shall develop a waiting list policy for relative caregivers that
have been determined eligible to receive voluntary kinship care payments at a
time when the kinship care agency's allocation for kinship care payments is
insufficient to begin the payments. A kinship care agency's waiting list policy
shall include all of the following:
1. The
priority order in which the agency will move relative caregivers off the
waiting list to begin making the kinship care payments. The kinship care agency
may establish priorities based any of the following criteria:
a. The order in which applications are
received.
b. The lack of stability
in the living arrangement if a payment is not made.
c. The level or urgency of the child's need
under s. DCF 58.06 (5) (a).
d. If
the child is under the guardianship of the relative caregiver by a statutory
provision other than s.
48.977,
Stats., or a tribal court order that is substantially similar to an order under
s.
48.977,
Stats.
2. The criteria
and procedures for granting an exception to the priorities established under
subd. 1., if the agency grants exceptions.
3. Whether the agency provides a retroactive
payment for all or part of the time period that a relative caregiver is on the
waiting list.
(b)
Agency submittal. Each kinship care agency shall submit the
agency's waiting list policy under par. (a) to the department by January 1,
2021, and following any change to the agency's waiting list policy.
(c)
Authorization. A kinship
care agency may establish a waiting list for newly-eligible relative caregivers
if all of the following conditions are met:
1.
The kinship care agency's allocation for kinship care payments in the current
fiscal year will be fully expended by payments to existing relative
caregivers.
2. The kinship care
agency notifies the department that the agency expects to be placing
newly-eligible relative caregivers on the waiting list for the remainder of the
fiscal year.
Note: Notice should be submitted to Kinship Care
Program Coordinator, DCF/DSP, P.O. Box 8916, Madison, WI
53708-8916.
(d)
Funding available. When a kinship care agency has sufficient
funds to begin kinship care payments to a relative caregiver that the agency
placed on a waiting list, the kinship care agency shall do all of the
following:
1. Notify the relative caregiver in
writing that funding is available and request that the relative caregiver
contact the agency if the relative caregiver continues to be interested in and
eligible for kinship care payments.
2. Begin payments to the relative caregiver
for the time period beginning no later than the first day of the month
beginning after the date that the relative caregiver contacted the kinship care
agency to express continued interest in and eligibility for kinship care
payments.
(12)
DOCUMENTATION.
(a)
Eligibility
decisions.
1. Within 5 working days
after making any decision related to a kinship care agency's determination,
redetermination, or review of a relative caregiver's eligibility for kinship
care or long-term kinship care, a kinship care agency that has access to the
department's child welfare automation system shall enter any information
related to the decision and any supporting documentation in the child welfare
automation system.
Note: The department's child welfare automation
system is eWiSACWIS.
2. A
kinship care agency that does not have access to the department's child welfare
automation system shall document eligibility decisions by completing the form
prescribed by the department and obtaining and retaining supporting
documentation as necessary.
Note: Tribal kinship care agencies do not have
access to eWiSACWIS. DCF-F-5370-E, Kinship Care Eligibility
Determination, is available on the department's website at
https://dcf.wisconsin.gov/forms.
(b)
Status. A kinship care
agency shall enter documentation of any of the following in the department's
child welfare automation system or the department's automated kinship care
tracking system within 5 working days after any of the following events:
1. A relative caregiver is placed on waiting
list.
2. Kinship care payments or
long-term kinship care payments to a relative caregiver begin or end.
3. A relative caregiver files an appeal of an
agency decision under s. DCF 58.11.
(c)
Documentation transfer to or from
a tribal agency. A kinship care agency shall transfer documentation
regarding a relative caregiver's eligibility for kinship care or long-term
kinship care to another kinship care agency if all of the following conditions
are met:
1. The relative caregiver is
receiving kinship care payments or long-term kinship care payments and moves
with the child to an area of the state served by another kinship care
agency.
2. The kinship care agency
serving the area of either the relative caregiver's old residence or new
residence does not have access to the department's child welfare automation
system.
(13)
LONG-TERM KINSHIP CARE AGREEMENT. A kinship care agency that determines that a
relative caregiver is eligible to receive long-term kinship care payments shall
enter into a written agreement with the relative caregiver using a form
prescribed by the department. Under the written agreement, the relative
caregiver agrees to provide care and maintenance for the child and the kinship
care agency agrees to provide long-term kinship care payments to the relative
caregiver until the date of a change in circumstances specified in s.
48.57(3n) (am) 6, Stats., or the date on which the
long-term guardianship under a tribal court order that is substantially similar
to an order under s.
48.977,
Stats., terminates.
Note: DCF-F-CFS2190-E, Long-Term Kinship
Care Agreement, is available on the department's website at
https://dcf.wisconsin.gov/forms.
(14) CHANGE IN TYPE OF RELATIVE CAREGIVING.
(a) Following a change in a relative
caregiver's type of relative caregiving as specified 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 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. 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 relative caregiving, see s. DCF 58.06 (1) (c) 2. and sub. (10) (a)
3.
There are only minor differences in the eligibility criteria
for kinship care and long-term kinship care. If a relative caregiver receiving
kinship care payments is appointed the 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., the kinship care agency and relative caregiver will enter an agreement
under sub. (13) and the kinship care agency will update the program type to
long-term kinship care.
(15) DIRECTOR'S DESIGNEE.
(a) The director may designate an individual
to fulfill the director's responsibilities under ss. DCF 58.05 (7) and 58.11(1) if the individual is a manager in the kinship care agency and does not
directly supervise the agency staff that make eligibility determinations for
kinship care or long-term kinship care.
(b) If a director designates an individual
under par. (a), the kinship agency shall submit the name of the designee and
the designee's position in the agency to the department each January.
Note: Submit notice of a designee to the Kinship
Care Program Coordinator, DCF/DSP, P.O. Box 8916, Madison, WI 537088916.
(16) OVERPAYMENTS.
(a) A kinship care agency may recover an
overpayment of kinship care or long-term kinship care from a relative caregiver
by any of the following means:
1. Reducing the
amount of relative caregiver's monthly kinship care payment or long-term
kinship care payment by an amount agreed to by the relative caregiver and the
kinship care agency.
2. Requesting
payment within a specified time period.
3. Negotiating a payment plan.
(b)
1. A county department of social services
under s.
46.22,
Stats., a county department of human services under s.
46.23,
Stats., or a tribal agency that recovers an overpayment under this section due
to the county department's or tribal agency's efforts may retain the amount
recovered.
2. Funds retained under
subd. 1. may only be spent on the county department's or tribal agency's
kinship care or long-term kinship care program.
3. If the county department or tribal agency
has not spent the retained funds under subd. 1. by the end of the contract
period, the department shall recover the funds through the contracting process.
(17) FEDERAL
REPORTING REQUIREMENTS. Each kinship care agency shall provide information to
the department necessary for compliance with federal data collection and
reporting requirements under 45 CFR part 265, as determined by the
department.
Agency responsibilities will be specified in the county and
tribal contracts with the department.
