Non-Relative - General Information

The Child Protective Services (CPS) System aims to support caregivers to make sure children are safe in their homes. In Wisconsin, CPS is a county-run system in 71 counties, and state-run in Milwaukee County. An Overview of the CPS Process is a visual representation of the process.

Anyone can report child abuse and/or neglect to their local CPS agency. If you have concern that a child is at risk of abuse or neglect, contact your local CPS Agency to report your concern.

Wisconsin Child Protective Services (CPS) Process - Learn more about the CPS Process and caseworker requirements.

Foster Care

Children in foster care have a caseworker assigned to monitor the case. This caseworker will help to coordinate services for the child and parents. They also have specific requirements that they must meet. For example, they must:

• Ask tough, and sometimes personal, questions to make sure you are a safe caregiver for the child
• See the child in your home at least one time per month (or more often) to confirm the child's safety
• Develop a plan for child/parent interactions at least one time per week unless a court orders otherwise
• Create a permanency plan for the child and update the plan every 6 months

When a child is placed in foster care, the CPS agency has placement and care responsibility of the child. This means they are responsible for supporting the placement. However, the parents still maintain "legal custody." Because parents still have legal custody, they still have the right to make decisions for the child. In order for a foster parent to make many decisions, they need the child's parent to consent or a court order.

• For example, without the parent's consent, a foster parent may not access medical care for the child. If the parent is unwilling to consent for care that is medically necessary, a court can order that the care to be provided.

Sometimes, community members report concerns for children already living in foster care. If there are concerns for the child's safety, an assessment will take place. The agency that licensed the foster parent's home cannot complete the assessment. This means that an agency and caseworker that are not involved in the current case will become involved to assess the situation.

• If the assessment finds the report to be true, it may be "substantiated." A substantiation means that an assessment found evidence that child abuse or neglect occurred.
• If there is not enough evidence to support the reported claim, the report is "unsubstantiated."

The assessment decision is documented on the Wisconsin Caregiver Background Check.

Adoption

If you are the adoptive parent of the child, a caseworker is not assigned to monitor the case. The CPS agency will only become involved if there is a concern for the child in your home.

Sometimes, community members report concerns for children who were previously adopted. If there are concerns for the child's safety, an assessment will take place. This means that the CPS agency will assign a caseworker to assess the report.

• If the investigation finds the report to be true, it may be "substantiated." A substantiation means that an assessment found evidence that child abuse or neglect occurred.
• If there is not enough evidence to support the reported claim, the report is "unsubstantiated."

The assessment decision is documented on the Wisconsin Caregiver Background Check.

Guardianship

In general, there is no caseworker assigned after you become guardian. If you are receiving a Kinship Care subsidy, there will be a caseworker assigned to assess eligibility each year. The CPS agency may also become involved if there is a concern for the child in your home.

Sometimes, community members report concerns for children living with their guardian. If there are concerns for the child's safety, an assessment will take place. This means that the CPS agency will assign a caseworker to assess the report.

• If the investigation finds the report to be true, it may be "substantiated." A substantiation means that an assessment found evidence that child abuse or neglect occurred.
• If there is not enough evidence to support the reported claim, the report is "unsubstantiated."

The assessment decision is documented on the Wisconsin Caregiver Background Check.

Determining the best type of permanence for a child is a very important decision for you as a caregiver. When considering your options, look to the information outlined below.

Reunification

Reunification occurs when the child returns to the care of his or her parents or caregivers. Often, reunification is determined to be in the best interest of the child. Examples of questions to ask when making decisions about contact with parents are:

• Is the parent able to meet all of the child’s needs?
• Have the parents fixed the conditions that led to placement?
• Are there new conditions that make it unsafe for a child to be with their parent?
• What strengths do the parents/child have that can or cannot support reunification?

Adoption

Adoption is a permanency option when it is not in the child’s best interest to return to their parent’s care. Before adoption, a Termination of Parental Rights* (TPR) for the child must take place. A TPR ends the parent’s legal authority for the child and allows a new parent to be responsible.

If human services is not involved, you may still adopt the child. To begin the process, you must find and pay for an attorney to complete the TPR and all court processes. Additionally, you would have to pay for a private adoption home study and all other adoption expenses.

The child in your home may be eligible for an Adoption Assistance Agreement if they meet certain requirements.

Guardianship

Guardianship is a permanency option when it is not in the child's best interest to return to their parent's care. When guardianship is the permanency option, a TPR does not usually occur. Instead, the court transfers parental decision-making authority to you. This means, the parents still have their legal rights to the child. Parents may ask the court to return their decision-making authority for the child in the future.

Guardianship would allow you, as the child’s caregiver, to make decisions for the child. This would include decisions about health care, education, mental health services, etc.

The KinFACTS Guides provide caregivers with information about the differences between Adoption and Guardianship.

• Permanency decisions
• Decisiones de permanencia

Without court ordered decision making authority, you will be unable to make any health related decisions for the child.

The child may be eligible for BadgerCare Plus based on their current situation or family income. Contact your Income Maintenance Agency or use the Apply for Benefits page to apply.

If the child is not eligible for BadgerCare Plus and you are unable to add the child to your current plan, you can access private health insurance options through the Health Insurance Marketplace.

The KinFACTS Guides details more information about health care in Wisconsin.

• Health care coverage
• Cobertura de Atención Médica

You must have court ordered decision making authority to make health care decisions for the child. Without this authority, the child’s parent must make health care decisions for the child. To make these decisions, you must have a finalized guardianship, adoption, or a limited guardianship for health care decisions.

If you would like to make decisions for the child, consider contacting an attorney. They can help you petition for guardianship, adoption, or a limited guardianship for health care decisions.

The KinFACTS Guides details more information about health care in Wisconsin.

• Health care coverage
• Cobertura de Atención Médica

Finding Child Care

YoungStar is Wisconsin’s 5-star quality rating and improvement system for early care and education programs. The Department of Children and Families maintains a child care finder YoungStar rated programs in Wisconsin.

Child Care Subsidy

Wisconsin Shares is the child care subsidy program for low-income families. It subsidizes a part of the cost of child care while the caregivers are participating in another activity.

• Wisconsin Shares eligibility is based on household income and involvement in “approved activities”
  • Employment
  • W-2 placement
  • Education, etc.

Financial eligibility is based on your household income. If your household income falls within the Federal Poverty Level (FPL), you may be eligible to receive the subsidy.

All household caregivers must participate in an “approved activity.” If there is more than one caregiver, the subsidy covers the time when the approved activities overlap. For example, if Caregiver 1 works from 8am-5pm and Caregiver 2 works from 12pm-8pm, the subsidy would cover 5 hours per day, from 12pm-5pm.

To apply, either visit access.wi.gov, or contact your local Wisconsin Shares Agency in-person or by phone!

To receive the Wisconsin Shares Subsidy, you must use a YoungStar rated program.

The KinFACTS Guides provide more information about YoungStar and Wisconsin Shares.

• Child care options
• Opciones de cuidado infantil

You must have court ordered decision making authority to make educational decisions for the child. Without this authority, the child’s parent must make educational decisions for the child. To make these decisions, you must have a finalized guardianship, adoption, or a limited guardianship for education purposes of the child.

If you would like to make educational decisions for the child, consider contacting an attorney. They can help you petition for guardianship or adoption.

The KinFACTS Guides offers more information about making educational decisions.

• Education
• Educación

The Wisconsin Child Support Program is supervised by the Wisconsin Department of Children and Families and run by local county child support agencies. Sometimes a caregiver can receive child support for the child placed in their home.

Any parent or person with custody of a child who needs help to obtaining or making changes to an order can apply for child support services. If you are in the Wisconsin Kinship Program, there is already an open child support order. The State is assigned to that order. If the child support payments paid in a month add up to more than the Kinship Care payment, you may receive the difference.

You can access child support services by contacting your local child support agency. To find your local child support agency, visit DCF Local Child Support Agencies or call 211.

The KinFACTS Guides provide more information about child support services.

• Child support
• Manutención de menores

You may have questions regarding your legal rights. You may also feel as though you need legal assistance as you navigate the court process.  You might find it beneficial to consult with an attorney about your role as a caregiver and the rights that you may have.

The KinFACTS Guides offers more information about legal questions and services.

• Legal
• Legal

Regardless of your relation to the child in your home, being a caregiver can be stressful. Although it often falls to the bottom of your to-do list, it is important to focus on your needs. Without meeting your own needs, it is often even more difficult to meet the needs of children in your care.

Humans are social creatures, so you need to give yourself time to find social enjoyment. Think about some of the following options to support your Social-Emotional health:

Relative Caregiver Support Groups

Contact the agencies in your region to ask about relative caregiver support groups!

Mental Health Needs

If you want to access Mental Health services but don’t know where to start, the Child Welfare Information Gateway has a helpful guide for Finding and Working With Adoption-Competent Therapists.

In addition, the Wisconsin Adoption & Permanency Support Program has a Mental Health Professionals Directory of therapists who have either:

• Attended training on trauma, attachment, foster care and adoption issues;
• Been recommended by an adoption or permanency professional; or
• Been recommended by a family.

If you or your child are members of BadgerCare Plus, you may want to access a Mental Health Professional that accepts Wisconsin Medicaid. Check out the ForwardHealth Provider Search or contact BadgerCare Plus Member Services at

1 (800) 362-3002 to talk about therapist options.

Other Resources

• Coalition for Children, Youth & Families
• Kids Matter, Inc.
• Generations United
• AARP Grandfacts