Section DCF 58.07 - Need for protection or services(1) KINSHIP CARE. When determining the eligibility of a relative caregiver to receive kinship care payments, the kinship care agency shall determine if any of the following conditions is met:(a)Court order. The child has been placed with the relative caregiver by a court order under s. 48.13 or 938.13, Stats., or a substantially similar tribal court order.(b)Voluntary kinship care.1. If par. (a) does not apply, the kinship care agency determines any of the following: a. The child meets one or more of the grounds or conditions under s. 48.13 or 938.13, Stats.b. There is a reasonable probability that the child would be at risk of meeting one or more of the grounds or conditions under s. 48.13 or 938.13, Stats., if the child were to remain in the parent's home.c. If the child is 18 years of age or over, there is a reasonable probability that the child would meet or be at risk of meeting one or more of the grounds or conditions under s. 48.13 or 938.13, Stats., if the child were under 18 years of age and in the parent's home.2. The kinship care agency shall base a determination involving reasonable probability under subd. 1. b. or c. on any of the following:a. The kinship care agency, court, or a tribal court has made a similar determination about the child or a sibling of the child within the previous 12 months.b. Evidence of behavior by the child or a parent of the child that if increased in degree, could meet one or more of the grounds or conditions under s. 48.13 or 938.13, Stats.c. A parent of the child has made threatening and credible statements that, if carried out, could meet one or more of the grounds or conditions under s. 48.13, Stats.d. Information provided by the relative caregiver, a parent of the child, or any other credible person supports a determination that the circumstances in the child's home could result in the child being at risk of meeting one or more of the grounds or conditions under s. 48.13 or 938.13, Stats., if the child were to remain in the home.(2) LONG-TERM KINSHIP CARE. When determining the eligibility of a relative caregiver to receive long-term kinship care payments, the kinship care agency shall require the relative caregiver to provide proof that the relative caregiver 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.Wis. Admin. Code Department of Children and Families DCF 58.07
Adopted by, CR 19-159: cr. Register October 2020 No. 778, eff. 11/1/2020Amended by, CR 21-107: am. (1) (a), (2) Register June 2022 No. 798, eff. 7/1/2022