State of Wisconsin
Department of Health Services

Release 26-02
April 15, 2026

View History

10.1 Eligibility for Parent or Caretaker Relative When Child is Removed from Their Care

Qualifying parents and caretaker relatives (see Section 2.2.2 Caretaker Relative) of children who have been temporarily removed from their home and are in the care of the child welfare system may be eligible for BadgerCare Plus benefits. If they cooperate with a permanency plan under authority of Wis. Stat. § 48.38 or 938.38, and the goal of the permanency plan is reunification, they may be eligible under the parent/caretaker relative category. Cooperation is always presumed, unless there is information to the contrary, or the placement type is one where reunification is never a goal. If the parent or caretaker relative meets these criteria, the child is considered temporarily absent. In these situations, the child may not always be included in their MAGI group (see Section 2.2 Coverage Group Definitions). 

Note

Children are not considered to be in the care of the child welfare system if they are an inmate in a public institution, such as a Type 1 Juvenile Correctional Institution.

The following chart explains the effect of placement type and reunification on the parent or caretaker relative’s BadgerCare Plus eligibility: 

Type of Placement/Agreement or Service  Parents (MAGA) and caretaker relatives (MAGN) with all children removed from home Parents (MAGA) and caretaker relatives (MAGN) with child(ren) removed from home, and some child(ren) remain in home Other Child Welfare Caretakers of children who have been removed from the home

Out of Home Care 

or

Kinship Care (voluntary or court-ordered)

If cooperating with a reunification permanency plan, they  continue to be considered a parent or caretaker relative of the temporarily absent child(ren) under the BadgerCare Plus parent category.   Because there are other children in the home, eligibility is under the BadgerCare Plus parent category.  May only qualify for BadgerCare Plus as a childless adult (MAGS) while the child is temporarily absent.

Long-term kinship care 

or

Subsidized Guardianship

May only qualify for BadgerCare Plus as a childless adult (MAGS). Because there are other children in the home, eligibility is under the BadgerCare Plus parent category.  May only qualify for BadgerCare Plus as a childless adult (MAGS).

These factors and tax filing statuses impact the BadgerCare Plus group size.

Example 1 Stacy’s child, Jared, was placed in out-of-home care with Laura, by the child welfare agency. Stacy files taxes but is not claiming Jared as her tax dependent. Because Laura has had Jared in her care most of the year, she is claiming Jared as her tax dependent. Stacy is cooperating with the reunification goal of Jared’s permanency plan. There are no other children, tax filers, or tax dependents in either Stacy’s or Laura’s households. If Stacy applies for BadgerCare Plus and meets all non-financial and financial requirements, she may be eligible for BadgerCare Plus as a parent with a group size of one.
Example 2 Ben’s daughter, Megan, was placed in court-ordered Kinship Care with her grandfather, James (age 60). Ben does not file taxes, but James does. Because Megan was in James’s home most of the year, he claims Megan as his dependent. There are no other children, tax filers, or tax dependents in either Ben’s or James’s households. Ben is cooperating with the reunification goal of Megan’s permanency plan. If Ben applies for BadgerCare Plus and meets all non-financial and financial requirements, he may be eligible for BadgerCare Plus as a parent with a group size of two.
Example 3 Jenny’s son, Simon, was placed with Jerry (age 66) in out-of-home care by the child welfare agency. Jenny is cooperating with the reunification goal of Simon’s permanency plan. Jenny files taxes and claims Simon as a dependent. If Jenny applies for health care, she may be eligible for BadgerCare Plus as a parent with a group size of two.

This page last updated in Release Number: 26-02
Release Date: 04/15/2026
Effective Date: 04/15/2026


The information concerning the BadgerCare Plus program provided in this handbook release is published in accordance with: Titles XI, XIX and XXI of the Social Security Act; Parts 430 through 481 of Title 42 of the Code of Federal Regulations; Chapter 49 of the Wisconsin Statutes; and Chapters HA 3, DHS 2 and 101 through 109 of the Wisconsin Administrative Code.

Notice: The content within this manual is the sole responsibility of the State of Wisconsin's Department of Health Services (DHS). This site will link to sites outside of DHS where appropriate. DHS is in no way responsible for the content of sites outside of DHS.

Publication Number: P-10171