Wis. Admin. Code Department of Children and Families DCF 58.04 - Requirements for applicants and kinship care and long-term kinship care relatives

(1) APPLICATION.

(a) All applicants. The relative caregiver applies for kinship care payments or long-term kinship care payments using the application form prescribed by the department.

(b) Court-ordered out-of-home care placement.

1. If the child is 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, the relative caregiver also completes the application for a license to operate a foster home, including the completion of forms prescribed by the department under ch. DCF 56.

2. Notwithstanding subd. 1., a relative caregiver of a child placed in the relative caregiver's home under a court order or a voluntary transition-to-independent-living agreement is not required to apply for a license to operate a foster home if the child was placed in the relative caregiver's home by a court order of a tribal court.

Note: If a relative caregiver has a private guardianship of the child under s. 48.9795, Stats., or a tribal private guardianship order, a child welfare agency does not have placement and care responsibility for the child, unless there is another court order giving the child welfare agency placement and care responsibility.

(c) More than one child. A relative caregiver may apply for kinship care or long-term kinship care for more than one child on the same application form.

Note: DCF-F-CFS2023, Kinship Care Payment Application, is the application prescribed by the department if the relative caregiver is not required to apply for a license to operate a foster home. DCF-F-2483-E, Joint Court-Ordered Kinship Care and Foster Care Application -Part A is the application form prescribed by the department if the child is in a court-ordered out-of-home care placement. Both application forms are available on the department's website at https://dcf.wisconsin.gov/forms.

(2) COOPERATION WITH AGENCY. The relative caregiver cooperates with the kinship care agency, including all of the following:

(a) Completing and returning any forms prescribed by the department.

(b) Returning phone calls from the kinship care agency.

(c) Providing information through home visits, interviews, and documentation as necessary for the kinship care agency to determine or redetermine the eligibility of the relative caregiver for kinship care or long-term kinship care.

(d) Applying for other forms of assistance for which the child may be eligible, including financial assistance and medical assistance for the child.

Note: See the Kinship Navigator Portal at https://dcf.wi.gov/kinship/navigator for information on available resources.

(e) Cooperating with referral of the child's parent or parents to the child support agency, except in any of the following circumstances:

1. The child is 18 years of age or over.

2. The relative caregiver has a pending good cause claim under s. DCF 58.12.

3. The relative caregiver requested and the kinship care agency granted a good cause exemption to the requirement that a relative caregiver cooperate with referring the child's parent to the child support agency under s. DCF 58.12.

(f) Notifying the kinship care agency of a change in circumstances specified under s. DCF 58.10 (1).

(g) Cooperating with eligibility redeterminations and reviews under s. DCF 58.10.

(h) If the child is 18 years of age or over and the relative caregiver is applying for or receiving voluntary kinship care payments or long-term kinship care payments, providing the kinship care agency with a form prescribed by the department that has been signed by the relative caregiver and an official from the child's school that verifies that the child meets the criteria in s. DCF 58.02 (4) (a) or (b) 1. and 2.

Note: DCF-F-CFS2167, Kinship Care School Verification, is available on the department's website at https://dcf.wisconsin.gov/forms.

(3) NO SIMULTANEOUS PAYMENTS.

(a) The relative caregiver does not simultaneously receive any of the following payments for the care and maintenance of the same child:

1. Kinship care payments and long-term kinship care payments.

2. Kinship care payments or long-term kinship care payments and foster care payments under s. 48.62(4), Stats.; subsidized guardianship payments under s. 48.623(1) or (6), Stats.; or any comparable payments from another jurisdiction.

(b) The relative caregiver does not receive kinship care payments or long-term kinship care payments for providing care and maintenance for a child who is 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.

(4) RELATIONSHIP AND RESIDENCE VERIFICATION.

(a) The relative caregiver provides all of the following to the kinship care agency:

1. Documentation that verifies the relative caregiver's relationship to the child, such as a birth certificate, a marriage license, guardianship papers, or paternity papers. If no formal documentation is available, the relative caregiver may attest to the relationship on the application under sub. (1).

2. Documentation that verifies that the child is residing with the relative caregiver, such as the child's medical assistance card or a written statement from a school representative. If no formal documentation is available, the relative caregiver may attest to the living arrangement on the application under sub. (1).

(b) The kinship care agency may request additional information on a relative caregiver's relationship to the child or the child's residence with the relative caregiver at any time.

(5) BACKGROUND CHECK. The relative caregiver complies with the requirements of s. 48.57(3p), Stats., and s. DCF 58.05.

(6) BEST INTERESTS OF THE CHILD. The kinship care agency determines that living with the relative caregiver is in the best interests of the child under s. DCF 58.06.

(7) NEED FOR PROTECTION OR SERVICES.

(a) For kinship care, the criteria under s. DCF 58.07 (1) are met.

(b) For long-term kinship care, the criteria under s. DCF 58.07 (2) are met.

(8) CHILD'S GRADE. The relative caregiver informs the kinship care agency of the last grade that the child has completed.

(9) CHILD'S SOCIAL SECURITY NUMBER.

(a) Within 90 days after the date on which the kinship care agency determines a relative caregiver's initial eligibility for kinship care payments or long-term kinship care payments, the relative caregiver provides the kinship care agency with the child's social security number.

(b) If a relative caregiver is unable to obtain a social security number for the child by the deadline in par. (a), the relative caregiver notifies the kinship care agency of the actions taken to obtain the social security number and the current status of the request. The kinship care agency shall document the relative caregiver's efforts.

Notes

Wis. Admin. Code Department of Children and Families DCF 58.04

Adopted by, CR 19-159: cr. Register October 2020 No. 778, eff. 11/1/2020 Amended by, correction in (1) (b) (Note) made under s. 13.92 (4) (b) 7, Stats., Register June 2022 No. 798, eff. 7/1/2022