Section DCF 58.10 - Change in circumstances(1) NOTIFICATION REQUIREMENTS. (a) A relative caregiver shall notify the kinship care agency within 5 working days after the date that any of the following occur:1. The relative caregiver and child move to a new residence.2. The relative caregiver or a prospective employee, employee, prospective adult resident, or adult resident is the subject of an investigation or final substantiated finding that the person has abused or neglected a child.3. The relative caregiver or a prospective employee, employee, prospective adult resident, or adult resident is arrested for, charged with, or convicted of any crime.4. The child has a new caregiver.5. The child is no longer living with the relative caregiver.7. The child enters the military.8. The child is deceased.9. The child graduates, completes, or drops out from a full-time, kindergarten to 12th grade educational program or its equivalent, and the child is 18 years of age or older.10. An individualized education program under s. 115.787, Stats., is no longer in effect for the child, and the child is 18 years of age or older.11. The relative caregiver is no longer supporting the child.12. The child's parent is residing with the relative caregiver and the child.13. The child is placed outside the relative caregiver's home under a court order, voluntary placement agreement, or a voluntary transition-to-independent-living agreement.14. The child is placed in the relative caregiver's home under a court order or a voluntary transition-to-independent-living agreement.15. The relative caregiver 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.16. The relative caregiver's guardianship order under s. 48.977, Stats., or a tribal court order that is substantially similar to an order under s. 48.977, Stats., terminates.17. The relative caregiver begins receiving foster care payments under s. 48.62(4), Stats., or from another jurisdiction.18. The relative caregiver begins receiving subsidized guardianship payments for care of the child under s. 48.623, Stats., or comparable payments from another jurisdiction.19. The child begins receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77, Stats., due to the child's own disability.20. A person residing in the relative caregiver's home no longer meets the definition of "child" under s. DCF 58.02(4).(b)1. A relative caregiver shall notify the kinship care agency that a person intends to become an adult resident in the relative caregiver's home as soon as possible before the person begins residing in the home, except as provided under subd. 2.2. If a person becomes an adult resident in a relative caregiver's home without advance notice to the relative caregiver, the relative caregiver shall notify the kinship care agency no later than 5 working days after the person became an adult resident.(c) A relative caregiver shall notify the kinship care agency of a prospective new employee before employing the person.(2) AGENCY REVIEW. (a) A kinship care agency that receives notice from the relative caregiver or otherwise knows or suspects that a change specified in sub. (1) has occurred shall review whether the relative caregiver continues to be eligible for kinship care payments or long-term kinship care payments within 20 calendar days. (b) A kinship care agency may allow the child's parent to reside with the relative caregiver and the child for no more than 30 calendar days, unless the relative caregiver is providing care for the child's parent and any of the following apply: 1. The child's parent is a child. Note: See s. DCF 58.02 (4) for the definition of "child" for purposes of this chapter.
2. The child's parent is subject to an order for adult protective services or protective placement under s. 55.12, Stats., or a substantially similar tribal law.(3) ANNUAL ELIGIBILITY REDETERMINATION. (a)Annual redetermination date.1. A kinship care agency shall redetermine the eligibility of a relative caregiver to receive kinship care payments or long-term kinship care payments at least every 12 months after the agency began making kinship care payments or long-term kinship care payments to the relative caregiver.2. If the relative caregiver is caring for more than one child and the kinship care payments or long-term kinship care payments began on different dates, the kinship care agency shall redetermine the relative caregiver's eligibility at least 12 months from the redetermination date under s. DCF 58.08 (7) (d) or otherwise establish a single annual redetermination date for the relative caregiver.(b)Redetermination form.1. Sixty days before a relative caregiver's annual redetermination date established under par. (a), the kinship care agency shall send to the relative caregiver a form prescribed by the department that requests the relative caregiver to indicate whether any of the circumstances specified under s. DCF 58.10 (1) have occurred and the last grade that the child has completed. 2. The form under subd. 1. shall also direct the relative caregiver to contact the kinship care agency to schedule a time for the agency to visit the relative caregiver's home if the relative caregiver is receiving voluntary kinship care payments or long-term kinship care payments. Note: DCF-F-5369-E, Kinship Care Request for Information to Determine Continued Eligibility, is available on the department's website at https://dcf.wisconsin.gov/forms.
(c)Voluntary and long-term kinship care; home visit. If the relative caregiver is receiving voluntary kinship care payments or long-term kinship care payments, the kinship care agency shall visit the relative caregiver's home and determine whether living with the relative caregiver continues to be in the best interests of the child under s. DCF 58.06 (1) to (4).(d)Voluntary kinship care. If the relative caregiver is receiving voluntary kinship care payments, the kinship care agency shall also determine all of the following: 1. Whether there continues to be a need for the child to live with the relative caregiver under s. DCF 58.06 (5) (a).2. Whether the conditions under s. DCF 58.07 (1), regarding the child's need for protection or services, are met.(4) ELIGIBILITY AFTER AGE 17.(a)Definition of child. A relative caregiver may be eligible to receive kinship care payments or long-term kinship care payments for the care of a child who has attained the age of 18 years if the child meets the conditions under s. DCF 58.02 (4) (a) or (b) and other eligibility requirements in this chapter and s. 48.57(3m), (3n), and (3p), Stats., as applicable, are met.(b)Voluntary kinship care and long-term kinship care procedures. To determine if the eligibility of a relative caregiver receiving voluntary kinship care payments or long-term kinship care payments is expected to continue when the child turns 18 years old, the kinship care agency shall do all of the following: 1. Six months before the child's 18th birthday, the kinship care agency shall send the relative caregiver a form prescribed by the department that notifies the relative caregiver that kinship care payments or long-term kinship care payments will terminate when the child turns 18 years old unless the relative caregiver provides information regarding potential eligibility for the payments to continue. Note: DCF-F-5373-E, Advance Notice of Termination of Kinship Care at Age 18, is available on the department's website at https://dcf.wisconsin.gov/forms.
2. If the kinship care agency has not received the completed form under subd. 1. and any necessary documentation from the relative caregiver by 60 days before the child's 18th birthday, the kinship care agency shall send a second copy of the form to the relative caregiver. 3. If the kinship care agency has not received the completed form under subd. 1. or 2. with any necessary documentation from the relative caregiver by 30 days before the child's 18th birthday, the payment for the month of the child's 18th birthday shall be the last payment. 4. If the kinship care agency receives the completed form under subd. 1. or 2. and any necessary documentation from the relative caregiver 30 days or more before the child's 18th birthday, the kinship care agency shall determine if eligibility will continue when the child turns 18 years old and send the notice of decision on a form prescribed by the department within 15 days after receiving the relative caregiver's completed form and any necessary documentation. (c)Court-ordered kinship care procedures.1. 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 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:a. At least 45 days before the child's 18th birthday, verify that the child welfare agency that has placement and care responsibility of the child has entered the information that is necessary to determine the relative caregiver's continued eligibility into the department's child welfare automation system. If the necessary information has not been entered, the kinship care agency shall contact the child welfare agency.b. At least 30 days before the child's 18th birthday, determine if eligibility will continue when the child turns 18 years old and send the notice of decision on a form prescribed by the department.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 home under a court order or a voluntary transition-to-independent-living agreement.Wis. Admin. Code Department of Children and Families DCF 58.10
Adopted by, CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (1) (a) 19. made under s. 13.92(4) (b) 7, Stats., Register October 2020 No. 778, eff. 11/1/2020Amended by, CR 21-107: am. (1) (a) 13., 15., 16., (2) (b) 2. Register June 2022 No. 798, eff. 7/1/2022Amended by, reprinted to correct transcription error Register August 2022 No. 800, eff. 9/1/2022