Wisconsin Tribal Kinship Care and ICWA Protections

Tribal Kinship Care in Wisconsin

Wisconsin has eleven federally recognized tribal nations. Tribal governments administer kinship care and child welfare programs within reservation boundaries independently or through cooperative agreements with the state. When a state or county agency becomes involved in a child welfare case concerning an Indian child, the federal Indian Child Welfare Act (ICWA) and Wisconsin's own Indian Child Welfare Act (WIICWA), codified at Wis. Stat. § 48.028, may apply.

Both laws help keep Native children connected to their families, communities, and cultural identity. In covered proceedings, placement preferences prioritize extended family and homes approved or specified by the child's tribe.

How ICWA and WIICWA Affect Kinship Placements

If state or county child welfare becomes involved in an Indian child's case, contact the child's tribal child welfare department about jurisdiction and placement. These preferences make relative placement a priority in covered proceedings.

Accessing Kinship Care Payments Through Tribal Agencies

Tribal Child Welfare departments can administer Kinship Care payments under the same Wis. Stat. § 48.57(3m) framework that governs county programs. The base rate is $384 per month per child for 2026, with age-tiered rates up to $586 for children 15 and older potentially available depending on the tribal agency's implementation of 2025 Wis. Act 15.

The key difference: applications may go through the tribal agency rather than (or alongside) the county human services department. For court-ordered placements through tribal court, the Level 1 foster care licensing requirement can follow tribal licensing standards rather than state standards, and like-kin definitions may draw on tribal custom and tradition rather than the state statutory definition.

Under 2023 Wis. Act 119, Wisconsin's definition of "like-kin" already includes individuals identified by a child's tribe according to tribal custom or tradition. This means someone who isn't a blood relative but holds a culturally recognized familial role can qualify for Kinship Care payments.

Other Benefits and Dual Jurisdiction

Native American children in kinship placements remain eligible for the same state benefits as any other Wisconsin child:

• BadgerCare Plus health coverage (income up to 306% FPL, with caregiver income excluded for child-only applications)
• FoodShare food assistance under the household composition rules in DHS Operations Memo DMS Ops 2023-09
• Wisconsin Shares childcare subsidies
• Subsidized Guardianship under Wis. Stat. § 48.623 if the child was previously in a court-ordered foster placement

Some cases involve both tribal and county systems. Ask the tribal and county agencies which handles placement and the kinship application. State benefit programs like BadgerCare Plus and FoodShare are accessed through the ACCESS portal or a regional Income Maintenance consortium.

Where to Start

Contact your tribe's Child Welfare department directly. They can explain whether to apply through the tribal system, the county system, or both. The Wisconsin Family Connections Center (800-762-8063) also provides referrals for tribal kinship caregivers.

For a complete walkthrough of every financial program, application form, and appeal deadline — organized into one step-by-step system — see the Wisconsin Kinship Financial Help guide.

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