Section DCF 58.06 - Best interests of the child(1) CRITERIA FOR BEST INTEREST DETERMINATION.(a)Kinship care. For kinship care eligibility, the kinship care agency shall determine if living with the relative caregiver is in the best interests of the child based on the criteria in this section, unless an exception in par. (c) applies.(b)Long-term kinship care. For long-term kinship care eligibility, the kinship care agency shall determine if living with the relative caregiver on a long-term basis is in the best interests of the child based on the criteria in subs. (2) to (4), unless the exception in par. (c) 2. applies.(c)Presumption of best interests. Notwithstanding par. (a) or (b), the kinship care agency shall presume it is in the child's best interests to live with the relative caregiver if any of the following conditions is met: 1. `Court order.' The child was placed in the home of 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. Note: The child welfare agency with placement and care responsibility continues to be responsible for managing the safety of the out-of-home care placement.
2. `Recent court order.' The kinship care agency is determining the relative caregiver's eligibility for voluntary kinship care or long-term kinship care within 6 months after a court order or voluntary transition-to-independent-living agreement placing the child in the relative caregiver's home expired or was terminated.(2) CHARACTERISTICS OF THE RELATIVE CAREGIVER. The relative caregiver has or exhibits all of the following characteristics to a degree that allows the relative caregiver to adequately care for the child:(a) A positive approach to parenting the child, including all of the following: 1. If the relative caregiver has parenting history, the parenting history does not include behaviors or actions that are contrary to the health, safety, or welfare of a child, or the kinship care agency determines that the relative caregiver has a positive approach to parenting the child despite the parenting history.2. The relative caregiver does not inflict or tolerate infliction of abuse and does not neglect the child.(b) A demonstrated interest in integrating the child into the relative caregiver's household and the ability to manage the stress of doing so.(c) An adequate recognition of the child's strengths and needs consistent with the child's age and abilities.(d) The ability to provide stable and appropriate care for the child, given the child's age, strengths, needs, and abilities.(e) The ability and willingness to work with the child's parents, if the relative caregiver is applying for or receiving voluntary kinship care and does not have guardianship of the child under s. 48.9795, Stats., or a tribal private guardianship order.(3) HISTORY OF BEHAVIORS. (a) The relative caregiver, employees, and adult residents do not have any final substantiated findings of child abuse or neglect that are likely to adversely affect the child or the relative caregiver's ability to care for the child.(b) If the kinship care agency conducts a background check on a person subject to the background check under s. DCF 58.05(1), the agency determines that the person does not have any patterns of criminal behavior, pending charges, or convictions that are likely to adversely affect the child or the relative caregiver's ability to care for the child.(4) OTHER MINOR CHILD IN THE HOME. No minor child residing in the relative caregiver's home endangers the safety of another child.(5) PHYSICAL ENVIRONMENT. The physical environment of the relative caregiver's home is safe for the child, including all of the following:(a) The relative caregiver's home is constructed, arranged, and maintained in a manner that is safe.(b) The relative caregiver's home has all of the following:1. Furnishings and equipment necessary to adequately accommodate the child and other household members.2.a. A safe and appropriate sleeping arrangement for the child.b. If the child is under 12 months of age, the child sleeps alone in a crib, bassinet, or playpen.(c) The relative caregiver considers the child's developmental level and ensures that materials and equipment that may be hazardous to the child are stored in areas not readily accessible to the child. Potentially hazardous materials and equipment may include weapons, ammunition, poisons, insecticides, flammable or combustible materials, alcohol, tobacco products, medications, power tools, detergents, and plastic bags.(d) The relative caregiver makes every reasonable effort to correct any hazard to the safety of the child in the home. Note: If the relative caregiver does not own the home, the relative caregiver's " reasonable effort to correct any hazard" includes asking the landlord to address safety concerns in the home.
(6) VOLUNTARY KINSHIP CARE ONLY. The kinship care agency determines all of the following conditions are met: (a)Child's basic needs. The child needs to live with the relative caregiver because one or more of the following basic needs of the child can be better met by the relative caregiver than the child's parent or parents: 1. The need for adequate food, shelter, clothing, and education.2. The need to be free from physical, sexual, or emotional injury, neglect, or exploitation.3. The need for a safe or permanent family.4. The need to develop physically, mentally, and emotionally to the child's potential.(b)Parental consent. The kinship care agency determines that the child's custodial parent or parents have consented to the child living with the relative caregiver, except that no consent is required if the relative caregiver has guardianship of the child under s. 48.9795, Stats., or a tribal private guardianship order.Wis. Admin. Code Department of Children and Families DCF 58.06
Adopted by, CR 19-159: cr. Register October 2020 No. 778, eff. 11/1/2020Amended by, CR 21-107: am. (2) (e), (6) (b) Register June 2022 No. 798, eff. 7/1/2022