Wisconsin Kinship Care: Voluntary vs Court-Ordered Placements

Two Tracks, Same Program

Wisconsin runs kinship care under two tracks with different rules about how you got the child, whether you need a foster care license, and which forms you file. Both pay the same base rate ($384/month per child), and both fully exclude your income from the eligibility calculation.

Voluntary Kinship Care

This is the track for most grandparents and relatives. It applies when:

• A child lives with you by mutual agreement with the parents
• You have a power of attorney (Form GF-223) delegating parental authority
• You hold a private guardianship through the court
• No child welfare agency placed the child with you

You apply using Form DCF-F-CFS2023-E, submitted to your county human services department (or DMCPS in Milwaukee). You do not need a foster care license. The agency conducts background checks on all adult household members and makes a best-interest determination, but there is no ongoing child welfare case.

Court-Ordered Kinship Care

This track applies when a juvenile court enters an order placing the child with you — typically a CHIPS (Child in Need of Protection or Services) or JIPS (Juvenile in Need of Protection or Services) order. A child welfare agency holds formal placement responsibility.

You apply using Form DCF-F-2483-E — the Joint Court-Ordered Kinship Care and Foster Care Application. Under this track, you must also submit a Level 1 foster care license application (Form DCF 56). The foster license requirement exists because the child welfare agency maintains placement authority, and state policy requires even relative homes to meet minimum licensing standards for court-ordered placements.

The one exception: children placed by a tribal court order are exempt from the Level 1 foster license requirement.

Long-Term Kinship Care

A third variation exists for extended placements. When a child has been placed with a relative under a court order for a prolonged period, the court can establish a permanency goal and appoint the relative as the long-term caregiver under Wis. Stat. § 48.57(3n). Active child welfare supervision ends, but the monthly payment continues at the same $384 base rate.

Which Track Leads Where

The track you're on shapes your options down the road:

Voluntary → private guardianship. If you want permanent legal authority, you petition the court for minor guardianship under Wis. Stat. § 48.9795. Kinship Care payments continue. This path does not require a prior foster care license.

Court-ordered → Subsidized Guardianship. If you've been the child's licensed foster parent for at least 6 consecutive months under a court order, and reunification and adoption are ruled out, you may qualify for Subsidized Guardianship under Wis. Stat. § 48.623. The monthly payment is individually negotiated and can reach up to the foster care rate. The child also gets automatic BadgerCare Plus eligibility and interstate portability.

What Does Not Change Between Tracks

• Payment amount: $384/month base for both (or age-tiered rates if your county has implemented them)
• Income exclusion: your income is fully excluded in both tracks
• Background checks: required in both tracks for all adult household members
• Child support referral: mandatory in both tracks

The Wisconsin Kinship Financial Help Guide walks through both tracks in detail, including the application forms, documentation checklists, and the Subsidized Guardianship pathway.

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