Section 58.065. Special provisions for court-ordered kinship care and long-term kinship care approved after January 1, 2010.

 

(1)   Payments pending decision on foster care application. Subject to subs. (2) and (3) , the agency may make kinship care payments to a kinship care relative or long-term kinship care payments to a long-term kinship care relative who is providing care and maintenance for a child who is placed in the home of the kinship care relative or long-term kinship care relative under a court order or a voluntary transition-to- independent-living agreement until the earlier of the following:

(a) Not more than 60 days after the date on which the county department or department received the completed application of the kinship care relative or long-term kinship care relative for a license to operate a foster home under s. DCF 58.04 (1) .

(b) The date on which the application for a license to operate a foster home is approved or denied or the kinship care relative or long-term kinship care relative is otherwise determined to be ineligible for licensure if the application is approved or denied or the kinship care relative or long-term kinship care relative 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 kinship care relative or long-term kinship care relative is not otherwise determined to be ineligible for licensure within 60 days after the date on which the county department or department received the completed application for any reason other than an act or omission of the kinship care relative or long-term kinship care relative, the county department or department may make payments until the earlier of the following:

(a) Four months after the date on which the county department or department received the completed application.

(b) The date on which the application is approved or denied or the kinship care relative or long-term kinship care relative is otherwise determined to be ineligible for licensure if the application is approved or denied or the kinship care relative or long-term kinship care relative is otherwise determined to be ineligible for licensure within those 4 months.

(3)   Court approves continued kinship care or long-term kinship care placement. Notwithstanding that a kinship care relative's or long-term kinship care relative's application for a license to operate a foster home is denied or the kinship care relative is otherwise determined to be ineligible for licensure, the county department or, in a county having a population of 500,000 or more, the department may make payments to a kinship care relative for as long as all other requirements to receive kinship care or long-term kinship care, as applicable, are met if the court orders the child to remain in the kinship care relative's or long-term kinship care relative's home based on the following information submitted to the court by the county department or the department:

(a) The background investigation specified in s. 48.57 (3p) , Stats., and s. DCF 58.04 (2) .

(b) The county department's or department's assessment of the safety of the kinship care relative's or long-term kinship care relative's home and the ability of the kinship care relative or long-term kinship care relative to care for the child.

(c) A recommendation by the county department or the department that the child remain in the home of the kinship care relative or long-term kinship care relative.

(4)   Court denies continued kinship care or long-term kinship care placement. If a kinship care relative's or long-term kinship care relative's application for a license to operate a foster home is denied or the kinship care relative or long-term kinship care relative is otherwise determined to be ineligible for licensure and the court does not order the child to remain in the kinship care relative's or long-term kinship care relative's home under sub. (3) , the county department or department 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 the long-term kinship care relative. Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) , Stats., may also request a change in placement and any person who is authorized to file a petition for the appointment of a guardian for the child may also request a termination of the guardianship order.

EmR0937 : emerg. cr. eff. 1-1-10; CR 10-021 : cr. Register September 2010 No. 657 , eff. 10-1-10; CR 14-054 : am. (1) Register April 2015 No. 712 , eff. 5-1-15.