PAP.15.2.010 General Definitions
(a) Any term not defined in this section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall be construed to apply as follows, except where the context indicates otherwise:
(1) "Adult resident" means a person 18 years of age or over who lives at the home of a relative with the intent of making that home his or her home or who lives for more than thirty (30) days cumulative in any six (6) month period at the home of a relative.
(2) "Background check" means the requirements under Wis. Stat. § 48.57(3p) and § 15.401.
(3) "Background information disclosure" means the form prescribed by DCF on which a person provides information for purposes of the background check under Wis. Stat. § 48.57(3p) and PAP.15.4.010. Note: DCF-F-2978-E, Background Information Disclosure, is available on the department's website at https://dcf.wisconsin.gov/forms.
(4) "Child" means a person under 18 years of age. "Child" also includes a person 18 years of age or over if any of the following applies:
(A) The person is under 19 years of age, is a full−time student in good academic standing at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete the program of study and be granted a high school or high school equivalency diploma.
(B) The person is under 21 years of age and meets all of the following conditions:
(i) The person is a full−time student at a secondary school or its vocational or technical equivalent.
(ii) There is an individualized education program under Wis. Stat. § 115.787, in effect for the person.
(C) The person is placed in the home of the relative caregiver under any of the following:
(i) A Lac Courte Oreilles Minor in Need of Care Dispositional Order.
(ii) A voluntary transition-to-independent-living agreement.
(iii) The placement and care responsibility of another state under 42 U.S.C. § 675(8)(B) (iv) until that state provides reimbursement for the placement of the child in a relative caregiver's home in Wisconsin.
(5) "Child Support Agency" means the Lac Courte Oreilles Child Support Services or county child support agency that has jurisdiction over child support matters.
(6) "Child welfare agency" or "ICW Department" means the Lac Courte Oreilles (LCO) Indian Child Welfare (ICW) Department.
(7) "Conviction record" means the record of a person's arrests and convictions.
(8) "Court order" means a court order under §DMR.1.
(9) "Custodial parent" means a parent that has legal custody of a child.
(10) "Department" means the Wisconsin Department of Children and Families (DCF).
(11) "Director" means the director of the Lac Courte Oreilles Indian Child Welfare Department.
(12) "Division of hearings and appeals" means the Wisconsin division of hearings and appeals in the department of administration.
(13) "Employee" means a person hired by a relative caregiver to work in a position in which the person has contact with the child on a regular basis.
(14) "Final substantiated finding" means a final determination made by the child welfare arm of the LCO Indian Child Welfare Department that a person has abused or neglected a child under §DMR.1.
(15) "Kinship care" means the program described herein, which provides specific assistance to children and families through the provision of a monthly payment to a relative and is administered by the LCO Kinship Care Office under contract pursuant to the Cross-Governmental Contract Agreement by and between Wisconsin Department of Children and Families and Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin.
(16) "Kinship care payment" or "kinship care benefit" means a monthly payment in an amount specified in Wis. Stat. § 48.57(3m)(am), that is paid to a relative caregiver that has been determined eligible for payments under Wis. Stat. § 48.57(3m) and (3p) and this Ordinance.
(17) "LCO Kinship Care Office" or "ICW" means a tribal agency appointed by the tribal governing board for the purpose of administering all or part of the kinship care program or the long-term kinship care program.
(18) "Legal custody" means, with respect to an individual with legal custody of a child, the right and responsibility to make major decisions, as defined under §DMR.2.4.010 or Wis. Stat. § 767.001(2m), concerning the child. Physical placement is not the same as legal custody.
(19) "Long−term kinship care" means the program under Wis. Stat. § 48.57(3n) and is administered by the LCO Kinship Care Office.
(20) "Long−term kinship care payment" means a monthly payment in an amount specified in Wis. Stat. § 48.57(3n)(am), Stats., that is paid to a relative caregiver that has been determined eligible under Wis. Stat. § 48.57(3n) and (3p) and this Ordinance.
(21) "Medical assistance" means the assistance program under 42 U.S.C., ch. 7, subch. XIX, and Wis. Stat. Ch. 49, subch. IV.
(22) "Relative," solely for the purpose of the kinship care program, means an adult that is the child's stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, brother-in-law, sister-in-law, first cousin, 2nd cousin, nephew, niece, uncle, aunt, step-uncle, step-aunt, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person named in this subsection, even if the marriage is terminated by death or divorce.
(23) "Relative caregiver" means a relative that is providing care and maintenance for a child and is applying for, or receiving, kinship care payments or long-term kinship care payments.
(24) "Voluntary kinship care" means the program under Wis. Stat. § 48.57(3m), Stats., when the child is not placed in the relative caregiver's home under a court order or a voluntary transition-to-independent-living agreement and is not under the placement and care responsibility of the LCO ICW Department or other child welfare agency.
(25) "Voluntary transition−to−independent−living agreement" means a voluntary agreement under Wis. Stat. § 48.366(3) or § 938.366(3).