PAP.15.5.010 Criteria for Best Interest Determination.

(a) Kinship care. For kinship care eligibility, the LCO Kinship Care Office shall determine if living with the relative caregiver is in the best interests of the child based on the criteria in this section, unless an exception in par. (c) applies.

(b) Long-term kinship care. For long-term kinship care eligibility, the LCO Kinship Care Office shall determine if living with the relative caregiver on a long-term basis is in the best interests of the child based on the criteria in §PAP.15.5.020, unless §PAP.15.5.040 applies.

(c) Presumption of best interests. Notwithstanding par. (a) or (b), the LCO Kinship Care Office shall presume it is in the child's best interests to live with the relative caregiver if any of the following conditions is met:

(1) Court order. The child was placed in the home of the relative caregiver under an LCO Tribal Court Order or a voluntary transition-to-independent-living agreement, and the LCO ICW Department has placement and care responsibility for the child, wherein they continue to be responsible for managing the safety of the out-of-home care placement.

(2) Recent court order. The LCO Kinship Care Office is determining the relative caregiver's eligibility for voluntary kinship care or long-term kinship care within six (6) months after a court order or voluntary transition-to-independent-living agreement placing the child in the relative caregiver's home expired or was terminated.