Wisconsin Kinship Care Eligibility Requirements

Who Counts as a Qualifying Relative

Under Wisconsin law, a qualifying kinship caregiver includes a grandparent, step-grandparent, brother, sister, stepbrother, stepsister, aunt, uncle, stepaunt, stepuncle, first cousin, nephew, niece, or any person of preceding generations — great-aunt, great-great-grandmother, and so on — whether by blood, marriage, or adoption.

Since January 1, 2025, the definition also includes like-kin (fictive kin) under 2023 Wisconsin Act 119. A like-kin caregiver is someone with a significant emotional relationship with the child or the child's family that is equivalent to a family relationship. A godparent, long-time family friend, or stepparent who has been part of the child's life can qualify. The one restriction: a like-kin caregiver cannot be someone who is currently, or has previously been, the child's licensed foster parent.

For a child who is a member of a federally recognized tribal nation, the tribe identifies eligible kinship caregivers according to tribal custom and tradition — this may be broader than the state definition.

The Three Eligibility Conditions

To receive Kinship Care payments under Wis. Stat. § 48.57(3m) and administrative code DCF 58, the county or tribal agency must confirm:

1. Best interest. The child living with you must be in the child's best interest. The agency makes this determination as part of the application review.

2. Child welfare threshold. The child must meet the criteria for a Child in Need of Protection or Services (CHIPS) or a Juvenile in Need of Protection or Services (JIPS), or would meet those criteria if they were to remain in or return to the parents' home. In practice, this means the child came to you because the parents cannot safely care for them — whether due to substance use, incarceration, illness, abandonment, or abuse.

3. Background checks. Under Wis. Stat. § 48.57(3p), you and every adult household member aged 18 and older must pass criminal background checks, child abuse and neglect registry screenings, and fingerprint-based checks. Convictions for specified violent felonies, child abuse, sexual assault, or drug offenses within statutory lookback periods trigger mandatory denial.

What Happens if You Fail the Background Check

A denial on background check grounds is not necessarily the end. Under Ethan's Law (2021 Wisconsin Act 72), you can request a Director Review, which gives the local agency discretion to approve your application after reviewing the background check finding.

Income Does Not Disqualify You

Your income and assets as the caregiver are completely excluded from the Kinship Care eligibility calculation. Your pension, Social Security retirement benefits, wages, savings, and real estate are not counted. Only income received directly by or on behalf of the child is evaluated — such as Social Security dependent or survivor benefits, trust payments, or child support.

One exception: if the child receives Supplemental Security Income (SSI) in their own right, the child is ineligible for Kinship Care payments. You cannot receive both for the same child.

Voluntary vs. Court-Ordered Tracks

The eligibility rules above apply to both voluntary and court-ordered kinship care. The difference is administrative:

• Voluntary: the child lives with you by agreement, under a power of attorney (Form GF-223), or through a private guardianship. No child-welfare placement order is involved; a private guardianship may have its own court order.
• Court-ordered: a juvenile court placed the child with you under a CHIPS or JIPS order. In this track, you must also apply for a Level 1 foster care license.

Both tracks receive the same base payment of $384/month per child.

For the full eligibility breakdown, the application forms, and every financial program the child may qualify for beyond Kinship Care, the Wisconsin Kinship Financial Help Guide covers it all in one place.

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