Section 58.066. Special provisions for court-ordered kinship care and long-term kinship care approved before January 1, 2010.

 

(1)   Foster home license required. By no later than 6 months after the date of the first review under s. DCF 58.13 or 58.16 , occurring after January 1, 2010, of the placement of a child who on December 31, 2009, was placed in the home of a kinship care relative or a long-term kinship care relative under an order of the court assigned to exercise jurisdiction under chs. 48 and 938 , Stats., the kinship care relative or long-term kinship care relative shall obtain a license to operate a foster home under s. 48.62 (1) , Stats.

(2)   Exception. If the kinship care relative or long-term kinship care relative refuses to obtain a license to operate a foster home as required under sub. (1) or is unable to meet the minimum requirements for the issuance of such a license, at the first permanency plan review under s. 48.38 (5) or 938.38 (5) , Stats., or permanency plan hearing under s. 48.38 (5m) or 938.38 (5m) , Stats., occurring after the date by which the kinship care relative or long-term kinship care relative is required under sub. (1) to obtain the license, the agency, as defined in s. 48.38 (1) (a) or 938.38 (1) (a) , Stats., that prepared the child's permanency plan shall make a recommendation, and the court or panel conducting the review or hearing shall make a determination under s. 48.38 (5) (c) 1. or 938.38 (5) (c) 1. , Stats., regarding the continuing necessity for and safety and appropriateness of the placement. If the court or panel determines that the placement continues to be necessary, safe, and appropriate, the child may remain in the placement and the kinship care relative or long-term kinship care relative may continue to receive payments under s. 48.57 (3m) (am) or (3n) (am) , Stats.

EmR0937 : emerg. cr. eff. 1-1-10; CR 10-021 : cr. Register September 2010 No. 657 , eff. 10-1-10.