Frequently Asked Questions (FAQ's)
The following is a list of commonly asked questions relating to the Division of Children & Family Services affairs and services.
Child Abuse & Neglect
What is abuse and neglect?
When should I report abuse or neglect?
How do I report a suspected case of child abuse and neglect?
Who will know I made a report?
What happens after I make the report?
Does a report mean a child will be removed from the home?
Juvenile Court Services Unit
What are the legal rights of parents in juvenile cases?
What are the legal rights of my child in Juvenile Court?
Why does my child’s attorney say he/she cannot speak to me when I am paying for the representation?
When do parents need their own lawyer or representation?
What costs will I be financially responsible to pay?
What can the Juvenile Justice system do to help me with my child’s problems?
Who sets up community service work ordered by the court?
Kinship
How long does the process take before the first check is received?
Will the agency be pursuing child support from the parents?
Do relative caregiver have to have legal guardianship in order to receive kinship payment?
Do relative caregivers need to report Kinship payments as income?
Foster Parents
Who can become a Foster Parent?
How do I become a Foster Parent?
What is my role as a Foster Parent?
How can I afford to become a Foster Parent?
Do I have a say in which children are placed with me?
How long will a child stay with me?
Child Abuse & Neglect
What is child abuse and neglect?
It is mistreatment or neglect of a child by parent(s) or other caretaker(s) resulting in injury or harm. Abuse of a child can be physical, sexual or emotional. Neglect is typically defined in two ways. Emotional neglect is when the child is suffering severe negative emotional effects due to a parent’s failure to provide opportunities for normal experience that produce feelings of being loved, wanted, secure, and worthy. Physical neglect is when a parent fails to provide basic needs or a safe and sanitary living environment for the child. Under Wisconsin Law, child abuse is a crime.
When should I report abuse or neglect?
When you know or have reasonable suspicion that a person who is caring for a child, who lives with the child, or who works with or around children has caused injury or harm or put the child at risk of physical injury.
Reports should be made in good faith. A report of child abuse can have a lifelong impact on a child and his or her family. Never make a false or malicious report.
If you have any doubts about whether to report a situation, call the DCFS ACCESS number and discuss your concerns with them.
How do I report a suspected case of abuse and neglect?
The Division of Children and Family Services is mandated by law to investigate complaints about child abuse and neglect. If you suspect a child to be a victim of abuse or neglect, call the ACCESS number 605-6582.
In relating your report, you should be able to tell the ACCESS worker the name of the child, address and age. Describe the nature of the suspected abuse or neglect, including when and where it occurred. Provide the name of the suspected perpetrators, their relationship to the child and any other information you think may be helpful. First hand information is very important!
Who will know I made a report?
Individuals who report abuse or neglect in good faith cannot be held liable for damages under criminal or civil law. In addition, your name is not given to the person named as the abuser or to anyone unless ordered by a hearing officer or judge. Members of the public may make reports without giving their name.
All reports of abuse or neglect remain strictly confidential, however, if the matter goes to court, the court may obtain access to reporter identity.
What happens after I make the report?
If it is determined that the referral warrants investigation, a Child Protective Services (CPS) worker will first have contact with the child victim and the reporting person. The caseworker will assess the situation and determine the immediate protection needs of the child. Workers contact with the child victim is determined on a risk scale and can either be within a 24 hour period, a 48 hour period or a period of 3-5 days, depending upon the severity of the referral. Once the caseworker has completed the investigation they will make one of three findings; the report is “unsubstantiated” if there is no credible evidence that the child was abused or neglected, the report is “substantiated” when there is credible evidence that abuse or neglect occurred or the report is “unable to substantiate” when there is not enough credible evidence to make a finding. The investigation must be complete within 60 days.
Depending on the results of the investigation, the family may be offered in-home voluntary services; services in the home through court order, family preservation services, shelter care, or, if the child is at imminent risk, substitute care services such as relative placement or foster care.
Does a report mean a child will be removed from the home?
No. Most reports of child abuse and or neglect do not result in the child being removed from the home. The goal of DCFS is to enable the child to safely remain in their own home. However, if the Child Protective Worker finds that the child is at risk of harm, that worker may, with the approval of Juvenile Court Intake, detain the child until the investigation is complete and the child’s safety assured.
Juvenile Court Services Unit
What are the legal rights of parents in juvenile cases?
To hire representation for themselves or their child and to be heard in Court
What are the legal rights of my child in Juvenile Court?
The Supreme Court ruled that juveniles have the right to know the allegations against them, to have legal representation, to question witnesses, protect themselves against self-incrimination, have a transcript of court proceedings on request, and have the right to appeal.
Why does my child’s attorney tell me he/she cannot speak to me when I am paying for the representation?
Any child with pending charges in Juvenile Court has the right to be represented by counsel in all stages of Court proceedings. It is important for the child to be able to speak freely and honestly with his/her attorney so the attorney can provide the best counsel possible. It is also important that the attorney be able to respect the client/attorney trust by keeping conversations with the juvenile private. The attorney may only discuss general information with the parents due to this trust obligation.
When do parents need their own lawyer or representation?
If the parent(s) will be required to provide sworn testimony during a trial, depending on the nature of their testimony, they may wish to obtain representation.
If the parent(s) object to the way they are being represented to the Juvenile Court by the District Attorney, or the child’s defense attorney, or if they have a hostile relationship to the child’s position, they may wish to hire representation to present their position to the Court and preserve their interests.
What costs will I be financially responsible to pay?
Parents are jointly and separately responsible for financial support of a child in a placement outside of the home until the child’s 18th birthday. This includes any secure facility, such as detention. Such placement costs are based on the State child support formulas.
What can the Juvenile Justice system do to help me with my child’s problems?
When a child is placed on supervision with the Division of Social Services, a variety of programs and services can be made available to the child and family in order to help the child successfully complete supervision and prevent future problems. Such programs range from diversion programs to intensive supervision, electronic monitoring and individual and family counseling services. The assigned caseworker will aid the family in evaluating their needs and obtaining services.
Who sets up community service work ordered by the court?
Juvenile Intake has a list of resources for community service in Kenosha County. In addition, Juvenile Intake keeps track of the amount of community service work that has been completed. The parent(s) and child will receive a letter from Juvenile Intake with an appointment to discuss a community service site. They will also regularly send letters reminding the child and parent(s) of the community service work obligation and the amount of hours remaining
The child and parent(s) may find their own source for community service work. Such sites could be an elderly person in the neighborhood that needs help with yard work or shoveling snow, etc. Nursing homes, churches or other non-profit organizations are also sources for community service. An adult must keep track of the number of hours completed and give it to the Caseworker or directly to Juvenile Intake. Forms are available for this purpose. Discuss this issue with the assigned Caseworker for more information.
Kinship
How long does the process take before the first check is received?
Approximately 30 days, depending on return of background check information and opening of medical assistance.
Will the agency be pursuing child support from the parents?
Yes
Do relative caregiver have to have legal guardianship in order to receive kinship payment?
No
Do relative caregivers need to report Kinship payments as income?
No, kinship payments received by relative caregivers are not subject to federal income tax.
Foster Parents
Who can become a Foster Parent?
The Department of Children and Family Services maintains several requirements that must be met by persons interested in the foster care program:
- You must be 21 years of age, otherwise age requirements are flexible as long as your health, energy and desire are appropriate.
- Caregivers must provide proof of physical health and insurance. (foster children and provided with health insurance through Medical Assistance)
- You must have enough income to financially support your own family without relying on the foster child’s care payment, as the care payment is designed to cover the essentials of room and board for the foster child.
- You must be willing to give us permission to check social service records and conduct a criminal record check.
- Minimal personal, safety (environmental and fire) and space requirements are required by law (safe home, adequate meals, clothing and a separate bed, though not necessarily a separate room).
- For working parents, appropriate child care arrangements must be made by the foster parents.
- The home must have a working telephone.
- The foster family must have access to transportation and be willing to provide necessary transportation to meet the needs of the foster child.
Beyond these technical licensing requirements, persons considering becoming foster parents should also ask themselves the following:
- Do I have the desire to open my heart and home to a child in need, even if that child has a troubled background?
- Could you help that child feel a sense of belonging in your home even though the stay is only temporary?
- Are you confident about your parenting skills; able to set clear limits, be consistent and adjust your parenting style to meet a child’s individual needs?
- Are you emotionally able to tolerate some failures or only small successes?
- Could you maintain a positive attitude toward birth parents even though the child may be experiencing problems because of their parents actions?
- Could you love a child with all your heart and then let go?
Because of the important, complex role foster parents play, the Division of Children and Family Services utilizes Community Impact Foster Care Program to carefully assess all applicants and provide the opportunity for prospective foster parents to assess themselves before they accept the role of foster parent.
You may want to call the Community Impact Foster Care Program at 262-656-8420 to obtain information brochures and discuss you questions and concerns with a foster care specialist.
If your family wishes to move forward, a Foster Care Program specialist will come to your home to acquaint you with the process and explain the forms you will be asked to complete.
The Foster Care Program specialist will schedule a home study/visit(s) with each prospective foster family to determine whether state licensing requirements are met. Part of the state requirements include a criminal background check, personal references, proof of physical health and insurance.
The process takes from 1-2 months and there is no fee. The Community Impact Program Specialist will be available every step of the way to guide you through the process.
Following initial approval, each foster parent participates in 6 Core Training’s during their first year. Each year thereafter, foster parents must complete 12 hours of training per year. Foster Care license’s are reviewed for re-licensing every 2 years.
When approved, a family is then considered available to care for foster children. The request of the foster parents as well as the individual needs of the child will determine when a placement occurs in your home.
What is my role as a Foster Parent?
As a foster parent, you are part of a team made up of the Foster Parent Specialist, the child’s DCFS caseworker, the child’s birth family and sometimes other support services. It is the goal of this team to return the child to their family whenever possible.
Of course, it is also your responsibility to provide the child a safe home, adequate meals, clothing and a warm, nurturing family environment that recognizes the child’s individual needs and ethnic/cultural heritage.
How can I afford to become a Foster Parent?
Foster parents receive a monthly payment to feed, clothe and meet the material needs of the children in placement. Rates may vary according to the type of care provided.
Do I have a say in which children are placed with me?
Yes, if you like. This is usually discussed at the time of licensing. You can specify that you would prefer to take children of a certain age or gender and you can say no to a placement.
How long will a child stay with me?
That will vary from child to child, depending on the circumstances causing placement and the plan for reunification of the family. Emergency care can be as short as 24 hours, while long-term placements can last for years. Most placements are short-term.