PAP.15.7.010 Change in Circumstances.

(a) Notification Requirements.

(1) A relative caregiver shall notify the LCO Kinship Care Office within five (5) working days after the date that any of the following occur:

(A) The relative caregiver and child move to a new residence.

(B) The relative caregiver or a prospective employee, employee, prospective adult resident, or adult resident is the subject of an investigation or final substantiated finding that the person has abused or neglected a child.

(C) The relative caregiver or a prospective employee, employee, prospective adult resident, or adult resident is arrested for, charged with, or convicted of any crime.

(D) The child has a new caregiver.

(E) The child is no longer living with the relative caregiver.

(F) The child is married.

(G) The child enters the military.

(H) The child is deceased.

(I) The child graduates, completes, or drops out from a full−time, kindergarten to 12th grade educational program or its equivalent, and the child is 18 years of age or older.

(J) An individualized education program under Wis. Stat. § 115.787, is no longer in effect for the child, and the child is 18 years of age or older.

(K) The relative caregiver is no longer supporting the child.

(L) The child's parent is residing with the relative caregiver and the child.

(M) The child is placed outside the relative caregiver's home under a court order, voluntary placement agreement, or a voluntary transition−to−independent−living agreement.

(N) The child is placed in the relative caregiver's home under a court order or a voluntary transition−to−independent−living agreement.

(O) The relative caregiver is appointed the child's guardian under §DMR.1 or Wis. Stat. § 48.977.

(P) The relative caregiver's guardianship order under §DMR.1 or Wis. Stat. § 48.977 terminates.

(Q) The relative caregiver begins receiving foster care payments under Wis. Stat. § 48.62(4), or from another jurisdiction.

(R) The relative caregiver begins receiving subsidized guardianship payments for care of the child under Wis. Stat. § 48.623, or comparable payments from another jurisdiction.

(S) The child begins receiving supplemental security income under 42 U.S.C. §§ 1381 to 1383c or state supplemental payments under Wis. Stat. § 49.77, due to the child's own disability.

(T) A person residing in the relative caregiver's home no longer meets the definition of "child" under §PAP.15.2.010(a)(4).

(2)(A) A relative caregiver shall notify the LCO Kinship Care Office that a person intends to become an adult resident in the relative caregiver's home as soon as possible before the person begins residing in the home, except as provided under subd. (B) below .

(B) If a person becomes an adult resident in a relative caregiver's home without advance notice to the relative caregiver, the relative caregiver shall notify the LCO Kinship Care Office no later than five (5) working days after the person became an adult resident.

(3) A relative caregiver shall notify the LCO Kinship Care Office of a prospective new employee before employing the person.

(b) LCO Kinship Care Office Review.

(1) When the LCO Kinship Care Office receives notice from the relative caregiver or otherwise knows or suspects that a change specified in par. (a) has occurred shall review whether the relative caregiver continues to be eligible for kinship care payments or long-term kinship care payments within twenty (20) calendar days.

(2) The LCO Kinship Care Office may allow the child's parent to reside with the relative caregiver and the child for no more than thirty (30) calendar days, unless the relative caregiver is providing care for the child's parent and any of the following apply:

(A) The child's parent is a child.

(B) The child's parent is subject to an order for adult protective services or protective placement under state or tribal law.

(c) Annual Eligibility Redetermination.

(1) Annual redetermination date.

(A) The LCO Kinship Care Office shall redetermine the eligibility of a relative caregiver to receive kinship care payments or long-term kinship care payments at least every twelve (12) months after the Office began making kinship care payments or long-term kinship care payments to the relative caregiver.

(B) If the relative caregiver is caring for more than one child and the kinship care payments or long-term kinship care payments began on different dates, the LCO Kinship Care Office shall redetermine the relative caregiver's eligibility at least twelve (12) months from the redetermination date or otherwise establish a single annual redetermination date for the relative caregiver.

(2) Redetermination form.

(A) Sixty (60) days before a relative caregiver's annual redetermination date established under par. (a), the LCO Kinship Care Office shall send to the relative caregiver a form prescribed by DCF that requests the relative caregiver to indicate whether any of the circumstances specified under PAP.15.7.010(a) have occurred and the last grade that the child has completed.

(B) The form under subd. (A) shall also direct the relative caregiver to contact the LCO Kinship Care Office to schedule a time for the Office to visit the relative caregiver's home if the relative caregiver is receiving voluntary kinship care payments or long-term kinship care payments. Note: DCF−F−5369−E, Kinship Care Request for Information to Determine Continued Eligibility, is available on the department's website at https://dcf.wisconsin.gov/forms.

(3) Voluntary and long-term kinship care; home visit. If the relative caregiver is receiving voluntary kinship care payments or long-term kinship care payments, the LCO Kinship Care Office shall visit the relative caregiver's home and determine whether living with the relative caregiver continues to be in the best interests of the child under subchapter 15.5.

(4) Voluntary kinship care. If the relative caregiver is receiving voluntary kinship care payments, the LCO Kinship Care Office shall also determine all of the following:

(A) Whether there continues to be a need for the child to live with the relative caregiver §PAP.15.5.010(a).

(B) Whether the conditions under §PAP.15.5.070(a), regarding the child's need for protection or services, are met.

(d) Eligibility After Age 17.

(1) Definition of child. A relative caregiver may be eligible to receive kinship care payments or long-term kinship care payments for the care of a child who has attained the age of 18 years if the child meets the conditions under §PAP.15.2.010(a)(4)(a) or (B) and other eligibility requirements in this chapter and Wis. Stat. § 48.57(3m), (3n), and (3p), as applicable, are met.

(2) Voluntary kinship care and long-term kinship care procedures. To determine if the eligibility of a relative caregiver receiving voluntary kinship care payments or long-term kinship care payments is expected to continue when the child turns 18 years old, the LCO Kinship Care Office shall do all of the following:

(A) Six (6) months before the child's 18th birthday, the LCO Kinship Care Office shall send the relative caregiver a form prescribed by DCF that notifies the relative caregiver that kinship care payments or long-term kinship care payments will terminate when the child turns 18 years old unless the relative caregiver provides information regarding potential eligibility for the payments to continue. Note: DCF−F−5373−E, Advance Notice of Termination of Kinship Care at Age 18, is available on the department's website at https://dcf.wisconsin.gov/forms.

(B) If the LCO Kinship Care Office has not received the completed form under subd. (A) and any necessary documentation from the relative caregiver by sixty (60) days before the child's 18th birthday, the Office shall send a second copy of the form to the relative caregiver.

(C) If the LCO Kinship Care Office has not received the completed form under subd. (A) or (B) with any necessary documentation from the relative caregiver by thirty (30) days before the child's 18th birthday, the payment for the month of the child's 18th birthday shall be the last payment.

(D) If the LCO Kinship Care Office receives the completed form under subd. (A) or (B) and any necessary documentation from the relative caregiver thirty (30) days or more before the child's 18th birthday, the Office shall determine if eligibility will continue when the child turns 18 years old and send the notice of decision on a form prescribed by DCF within fifteen (15) days after receiving the relative caregiver's completed form and any necessary documentation.

(3) Court-ordered kinship care procedures.

(A) The LCO Kinship Care Office does not have access to DCF's child welfare automation system and thus shall use the procedures in par. (b) to determine if eligibility is expected to continue when the child turns 18 years old and the relative caregiver is receiving kinship care payments on behalf of a child that was placed in the relative's home under a court order or a voluntary transition-to-independent-living agreement. Note: DCF−F−5373−E, Advance Notice of Termination of Kinship Care at Age 18, is available on the department's website at https://dcf.wisconsin.gov/forms.