Section 58.04. Requirements for applicants and kinship care and long-term kinship care relatives.

 

(1)   Application. A relative who wants to apply for kinship care or long-term kinship care payments shall apply to the kinship care agency and shall complete any form or forms required by the agency. If the child is placed in the home of the kinship care relative or long-term kinship care relative under a court order, the relative shall apply for a license to operate a foster home under ch. DCF 56 .

(2)   Criminal background check.

(a)

1. An applicant for kinship care or a kinship care relative or long-term kinship care relative shall provide information sufficient for the agency to conduct, under s. 48.57 (3p) , Stats., a criminal background check on the applicant or kinship care or long-term kinship care relative, any other adult resident of the applicant's or kinship care or long-term kinship care relative's home and any employee or prospective employee of the applicant or kinship care or long-term kinship care relative.

2. The applicant or kinship care or long-term kinship care relative shall also attest, in writing, that neither he nor she, nor any adult resident or prospective adult resident of his or her home nor any employee or prospective employee has any history of contact with a child protective services agency or arrests or convictions that could adversely affect the child or the applicant's or kinship care or long-term kinship care relative's ability to care for the child.

(b) A kinship care or long-term kinship care relative shall notify the agency of the intent of a person to become an adult resident of the kinship care or long-term kinship care relative's home when that intent becomes known, if that information is available, or within 2 working days after that person's assumption of residence in the home if the intent is not known in advance.

(c) Agencies shall conduct criminal background checks pursuant to the requirements of s. 48.57 (3p) , Stats., and shall consider whether any history, arrests or convictions might adversely affect the child or the applicant's or kinship care or long-term kinship care relative's ability to care for the child.

(3)   Cooperation with the agency. An applicant shall cooperate with the agency in the application process and a kinship care or long-term kinship care relative shall cooperate with the agency in the review process. Applicants and kinship care or long-term kinship care relatives shall do all of the following:

(a) Apply for other forms of assistance, including financial and medical, for which the child may be eligible. The agency shall assist the kinship care or long-term kinship care relative or prospective kinship care or long-term kinship care relative in applying for medical assistance for the child on whose behalf the kinship care or long-term kinship care application is made.

(b) Complete, to the extent the applicant or kinship care or long-term kinship care relative is able, any form required for referral of the child's parent or parents to the child support agency, except in the following circumstances:

1. The kinship care or long-term kinship care relative or prospective kinship care or long-term kinship care relative may claim good cause for not cooperating in accordance with the procedures specified under s. DCF 58.09 . That claim, if approved by the agency, negates this responsibility.

2. The kinship care or long-term kinship care relative or prospective kinship care or long-term kinship care relative is not required to complete a form for referral to a child support agency if the child is 18 years of age or over.

(c) Notify the agency whenever a person becomes or ceases to be an adult resident of the kinship care or long-term kinship care relative's home or the kinship care or long-term kinship care relative hires or proposes to hire an employee.

(4)   Verification of school status for children 18 years of age or over.

(a)

1. If the child is 18 years of age or over, but under 19 years of age, the agency shall verify that the child is enrolled full-time at a secondary school or its vocational or technical equivalent, is in good academic standing and is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma.

2. The applicant or kinship care or long-term kinship care relative shall provide the kinship care agency with a statement signed by the kinship care or long-term kinship care relative and an official from the child's school or alternative high school program stating that the child meets all of the following criteria:

a. The child is enrolled full-time in high school or a high school equivalency program or, if school is not currently in session, the child was enrolled during the previous session, and will be enrolled during the next session.

b. The child is currently in good academic standing, or if the determination is made when school is not in session, the child was in good academic standing at the close of the previous session.

c. The child is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma.

(b)

1. If the child turned 18 years of age on or after August 1, 2014, but is under 21 years of age, the agency shall verify that the child is enrolled full-time at a secondary school or its vocational or technical equivalent, is in good academic standing, and there is an individualized education program under s. 115.787 , Stats., in effect for the person.

2. The applicant or kinship care or long-term kinship care relative shall provide the kinship care agency with a statement signed by the kinship care or long-term kinship care relative and an official from the child's school or alternative high school program stating that the child meets all of the following criteria:

a. The child is enrolled full-time in high school or a high school equivalency program or, if school is not currently in session, the child was enrolled during the previous session, and will be enrolled during the next session.

b. The child is currently in good academic standing, or if the determination is made when school is not in session, the child was in good academic standing at the close of the previous session.

c. There is an individualized education program under s. 115.787 , Stats., in effect for the child.

(c) A kinship care or long-term kinship care relative shall notify the agency when any of the following occur:

1. The child graduates.

2. The child earns a high school or high school equivalency diploma.

3. The child discontinues school or his or her education program.

4. The child is no longer in good academic standing.

5. There is no longer an individualized education program under s. 115.787 , Stats., in effect for the child.

(5)   Reapplication following denial or termination of benefits. If an applicant is denied a payment or a kinship care or long-term kinship care relative's payment is terminated and the applicant reapplies, the agency may suspend processing of the application if it determines that the situation related to the rationale for the denial or termination has not changed. Within 2 working days after the agency decides to suspend processing of the application, the agency shall send to the applicant a written notice of its decision. The notification of suspension shall include a statement of the applicant's right to appeal the decision.

CR 99-071 : cr. Register January 2002 No. 553 , eff. 2-1-02; correction in (3) (b) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; EmR0937 : emerg. am. (1) eff. 1-1-10; CR 10-021 : am. (1) Register September 2010 No. 657 , eff. 10-1-10; EmR1414 : emerg. am. (4) (title), renum. (4) (a), (b) to (4) (a) 1., 2., cr. (4) (b), eff. 8-1-14; CR 14-054 : renum. (3) (b) to (3) (b) (intro.), (b) 1. and am., cr. (3) (b) 2., am. (4) (title), renum. (4) (a), (b) to (4) (a) 1., 2, cr. (4) (b), (c) 5. Register April 2015 No. 712 , eff. 5-1-15.