Section DCF 58.08 - Agency procedures(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.Wis. Admin. Code Department of Children and Families DCF 58.08
Adopted by, CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (4) (a) 1. b., (b) 2., (5) (b) 1. made under s. 13.92(4) (b) 7, Stats., Register October 2020 No. 778, eff. 11/1/2020Amended by, CR 21-107: am. (4) (a) 3. a., (b) 2., (5) (b), (9) (b) 1., (11) (a) 1. d., (13) Register June 2022 No. 798, eff. 7/1/2022Agency responsibilities will be specified in the county and tribal contracts with the department.