PAP.15.6.040 Best Interests Determination.

(a) Voluntary and long-term kinship care. When determining whether living with the relative caregiver is in the best interests of the child under §PAP.15.5.010, the LCO Kinship Care Office shall do all of the following:

(1) Assess the ability of the relative caregiver to care for the child and the safety of the relative caregiver's home and do the following if applicable:

(A) If the LCO Kinship Care Office determines that a relative caregiver has a positive approach to parenting the child under §PAP.15.5.020 despite a parenting history that includes behaviors or actions that are contrary to the health, safety, or welfare of a child, the Office shall document the reasons for concern in the relative caregiver's parenting history and the LCO Kinship Care Office's rationale for determining that the relative caregiver has a positive approach to parenting the child despite the parenting history.

(B) If the relative caregiver does not have safe sleeping arrangements for the child as required under §PAP.15.5.050(b)(2) the LCO Kinship Care Office shall assist the relative caregiver with obtaining the needed crib or bed.

(2) With an approach that is trauma-informed and age and developmentally appropriate, talk to each child for whom a relative caregiver is applying for or receiving kinship care payments or long-term kinship care payments and discuss the child's needs.

(3) When determining a relative caregiver's initial eligibility for kinship care or long-term kinship care, check for all of the following:

(A) Child abuse or neglect investigations or final substantiated findings in each county in Wisconsin, and within the Tribe, in which the relative caregiver, adult residents, prospective adult residents, employees, and prospective employees reside or have resided within the previous five (5) years.

(B) Investigations or findings on a child abuse or neglect registry maintained by any jurisdiction outside Wisconsin in which the relative caregiver, adult residents, prospective adult residents, employees, or prospective employees reside or have resided within the previous five (5) years.

(4) When redetermining a relative caregiver's eligibility, make the checks specified under sub. (3) above, in any jurisdiction where the relative caregiver, adult resident, or employee reside or have resided since the most recent check by the LCO Kinship Care Office.

(b) Voluntary kinship care; parental consent.

(1) 'Request express consent for living arrangement.' When determining a relative caregiver's initial eligibility for voluntary kinship care when the relative caregiver is not the child's guardian, the LCO Kinship Care Office shall make diligent efforts to contact the custodial parent(s) and request that the parent(s) sign a form prescribed by DCF expressly consenting to the child living with the relative caregiver. The initial effort to contact the custodial parent(s) shall be by mail. The LCO Kinship Care Office may subsequently attempt contact by phone, in person, or by electronic mail. Note: DCF−F−5371, Voluntary Kinship Care Parental Approval, is available on the department's website at https://dcf.wisconsin.gov/forms.

(2) 'Express denial.' The LCO Kinship Care Office shall determine that a relative caregiver is ineligible to receive voluntary kinship care and contact the local child protective services agency if the relative caregiver does not have guardianship of the child under Tribal or state law, and a custodial parent expressly denies consent for the child to live with the relative caregiver.

(3) 'Implied consent.' The LCO Kinship Care Office may determine that consent by the child's custodial parent(s) for the child to live with the relative caregiver is implied if any of the following conditions is met:

(A) The LCO Kinship Care Office makes diligent efforts to contact the child's custodial parent(s) and does not receive a response from any of the child's custodial parents within twenty (20) days after the LCO Kinship Care Office's first attempt to contact the custodial parent(s).

(B) The child's custodial parent(s) respond to the LCO Kinship Care Office in a manner that is not an express denial of consent for the child to live with the relative caregiver.

(C) The child has two (2) custodial parents, one custodial parent responds in a manner that is not an express denial of consent for the child to live with the relative caregiver, and the other custodial parent does not respond to the LCO Kinship Care Office's diligent efforts to contact the parent within twenty (20) days after the first attempt to contact the parent.