Section DCF 58.09 - Special provisions for court-ordered kinship care and long-term kinship care(1) PAYMENTS PENDING DECISION ON FOSTER CARE APPLICATION. In this section: Subject to subs. (2) and (3), a kinship care agency may make kinship care payments or long-term kinship care payments to a relative caregiver that is providing care and maintenance for a child who is placed in the home of the relative caregiver under a court order or a voluntary transition-to-independent-living agreement until the earlier of the following: (a) The date that is 60 days after the date on which the kinship care agency received the complete application of the relative caregiver for a license to operate a foster home under ss. DCF 58.04(1) and 58.08(1) (a).(b) The date on which the application for a license to operate a foster home is approved or denied or the relative caregiver is otherwise determined to be ineligible for licensure, if the application is approved or denied or the relative caregiver is otherwise determined to be ineligible for licensure within those 60 days. (2) PAYMENT EXTENSION IF NO-FAULT DELAY. If the application for a license to operate a foster home is not approved or denied or the relative caregiver is not otherwise determined to be ineligible for licensure within 60 days after the date on which the kinship care agency received the completed application under s. DCF 58.08(1) for any reason other than an act or omission of the relative caregiver, the kinship care agency may make payments until the earlier of the following: (a) Four months after the date on which the kinship care agency received the completed application under s. DCF 58.08(1) (a).(b) The date on which the application is approved or denied or the relative caregiver is otherwise determined to be ineligible for licensure if the application is approved or denied or the relative caregiver is otherwise determined to be ineligible for licensure within those 4 months.(3) COURT APPROVES CONTINUED PLACEMENT IN RELATIVE CAREGIVER'S HOME. Notwithstanding that a relative caregiver's application for a license to operate a foster home is denied or the relative caregiver is otherwise determined to be ineligible for licensure, the kinship care agency may make payments to a relative caregiver for as long as all other requirements to receive kinship care payments or long-term kinship care payments, as applicable, are met if the court orders the child to remain in the relative caregiver's home based on all of the following information if submitted to the court by the kinship care agency: (a) Information that the kinship care agency gathered for the background check required under s. 48.57(3p), Stats., and s. DCF 58.05.(b) The kinship care agency's assessment of the ability of the relative caregiver to care for the child and safety of the relative caregiver's home under ss. DCF 58.06 and 58.08(4) (a).(c) A recommendation by the kinship care agency that the child remain in the home of the relative caregiver. Note: DCF-F-2479-E, Relative Caregiver Licensing Decision, is available on the department's website at https://dcf.wisconsin.gov/forms.
(4) COURT DENIES CONTINUED PLACEMENT. If a relative care-giver's application for a license to operate a foster home is denied or the relative caregiver is otherwise determined to be ineligible for licensure and the court does not order the child to remain in the relative caregiver's home under sub. (3), the kinship care agency shall request a change in placement under s. 48.357(1) (am) or 938.357(1) (am), Stats., or a termination of the guardianship order under s. 48.977(7), Stats., for a relative caregiver that applied for long-term kinship care payments. Any person specified in s. 48.357(2m) (a) or 938.357(2m) (a), Stats., may also request a change in placement. Any person who is authorized to file a petition for the appointment of a guardian for the child under s. 48.977, Stats., may also request a termination of the guardianship order.Wis. Admin. Code Department of Children and Families DCF 58.09
Adopted by, CR 19-159: cr. Register October 2020 No. 778, eff. 11/1/2020