PAP.15.5.070 Need for Protection or Services – Minor in Need of Care (MNC).

(a) Kinship Care. When determining the eligibility of a relative caregiver to receive kinship care payments, the LCO Kinship Care Office shall determine if any of the following conditions is met:

(1) Court order. The child has been placed with the relative caregiver by a Tribal Court order pursuant to §DMR.1.5.

(2) Voluntary kinship care.

(A) If par. (a) does not apply, the LCO Kinship Care Office determines any of the following:

(i) The child meets one or more of the grounds or conditions under §DMR.1.5.

(ii) There is a reasonable probability that the child would be at risk of meeting one or more of the grounds or conditions under §DMR.1.5, if the child were to remain in the parent's home.

(iii) If the child is 18 years of age or over, there is a reasonable probability that the child would meet or be at risk of meeting one or more of the grounds or conditions under §DMR.1.5, if the child were under 18 years of age and in the parent's home.

(B) The LCO Kinship Care Office shall base a determination involving reasonable probability under par. (a)(2) or (a)(3) on any of the following:

(i) The LCO Kinship Care Office or LCO Tribal Court has made a similar determination about the child or a sibling of the child within the previous twelve (12) months.

(ii) Evidence of behavior by the child or a parent of the child that if increased in degree, could meet one or more of the grounds or conditions under §DMR.1.5.

(iii) A parent of the child has made threatening and credible statements that, if carried out, could meet one or more of the grounds or conditions under §DMR.1.5.

(iv) Information provided by the relative caregiver, a parent of the child, or any other credible person supports a determination that the circumstances in the child's home could result in the child being at risk of meeting one or more of the grounds or conditions §DMR.1.5, if the child were to remain in the home.

(b) Long-term Kinship Care. When determining the eligibility of a relative caregiver to receive long-term kinship care payments, LCO Kinship Care Office shall require the relative caregiver to provide proof that the relative caregiver is the child's guardian under §DMR.1.5 or Wis. Stat. § 48.977.