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Chapter DCF 55
SUBSIDIZED GUARDIANSHIP
DCF 55.01   Authority and purpose.
DCF 55.02   Definitions.
DCF 55.03   Eligibility.
DCF 55.04   Procedure to inform prospective guardians.
DCF 55.05   Eligibility determination and documentation.
DCF 55.06   Subsidized guardianship agreement.
DCF 55.07   Amount of monthly payment.
DCF 55.08   Amendment to adjust payment amount.
DCF 55.09   Supplemental payments under subsidized guardianship agreements entered into before July 1, 2011.
DCF 55.10   Review of eligibility for subsidized guardianship payments.
DCF 55.11   Appeals.
DCF 55.12   Interim caretaker.
DCF 55.125   Successor guardian.
DCF 55.13   Background check of interim caretaker or prospective successor guardian and nonclient residents.
Note: This chapter was created as an emergency rule, EmR1212, effective September 3, 2012.
DCF 55.01Authority and purpose. This chapter specifies procedures for agencies to provide subsidized guardianship payments under s. 48.623, Stats., or a subsidized guardianship agreement entered into under s. 48.62 (5), 2009 Stats., to support legal permanence for care of children in any of the following:
(1) A guardianship under s. 48.977, Stats.
(2) A guardianship under a tribal court order that is substantially similar to an order under s. 48.977, Stats., and as provided for in an agreement that includes the purpose of making subsidized guardianship payments to a guardian of an Indian child and that is made between the governing body of a tribe and a county or, in a county having a population of 750,000 or more or in the circumstances specified in s. 48.43 (7) (a) or 48.485 (1), Stats., between the governing body of a tribe and the department.
(3) A guardianship under a tribal court order that is substantially similar to an order under s. 48.977, Stats., and as provided for in an agreement that is made between the governing body of a tribe and the department and that allows the tribe to administer subsidized guardianships.
Note: Before July 1, 2011, the Bureau of Milwaukee Child Welfare administered a subsidized guardianship demonstration project that was authorized by a federal waiver and s. 48.62 (5), 2009 Stats.
History: CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; CR 24-007: am. (1), (2), cr. (3) Register July 2024 No. 823, eff. 8-1-24.
DCF 55.02Definitions. In this chapter:
(1g) “Adoption” includes customary adoption, where applicable, according to tribal law or custom.
(1r) “Agency” means a county department of social services under s. 46.22, Stats.; a county department of human services under s. 46.23, Stats.; a tribal child welfare agency; or, in a county having a population of 750,000 or more or in the circumstances specified in s. 48.43 (7) (a) or 48.485 (1), Stats., the department.
(2)“Background information disclosure” means the form prescribed by the department on which a person provides information for purposes of the background check under s. 48.685, Stats.
Note: Form DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department website, https://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.
(3)“Child” means a person less than 18 years of age, except as provided in s. DCF 55.10 (4).
(3m) “County department” means a county department of social services under s. 46.22, Stats., or a county department of human services under s. 46.23, Stats.
(4)“Department” means the department of children and families.
(5)“Division of hearings and appeals” means a division in the department of administration.
(5g) “Fictive kin” means a person who has a significant emotional relationship with the child or the child’s family and to whom any of the following applies:
(a) Prior to the child’s placement in out-of-home care, the person had an existing relationship with the child or the child’s family that is similar to a familial relationship.
(b) During the child’s placement in out-of-home care, the person developed a relationship with the child or the child’s family that is similar to a familial relationship and all of the following apply:
1. The person is a foster parent who has had a relationship with the child for at least 2 years.
2. The child is 14 years of age or older.
3. The child has been placed in out-of-home care for 15 out of the last 22 months.
4. The agency or court determines that placement with a fit and willing relative is not in the child’s best interest.
(5m)“Final substantiated finding” means all of the following:
(a) A final determination made after January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 5m., Stats., and s. DCF 40.04 if the final determination has not been reversed or modified on appeal.
(b) A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4., Stats., if the determination has not been reversed or modified on appeal.
(5s) “Indian tribe” has the meaning given in s. 48.02 (8r), Stats.
(6)“Interim caretaker” means a person seeking or receiving payments under s. 48.623 (6) (am), Stats.
(8)“Nonclient resident” has the same meaning as in s. DCF 12.02 (18).
(9)“Out-of-home care” for the purpose of sub. (5g) means physical custody of a child or juvenile under any of the following paragraphs:
(a) Sections 48.205 (1), 48.207, 48.208, 48.209, 48.21, 48.32, 48.345, 48.357, 48.363, or 48.365, Stats., or a substantially similar tribal law.
(b) Sections 938.205 (1), 938.207, 938.208, 938.209, 938.21, 938.32, 938.345, 938.357, 938.363, or 938.365, Stats., or a substantially similar tribal law.
(c) A voluntary placement agreement under s. 48.63 (1), Stats., or a substantially similar tribal law.
(10)“Permanency plan” has the same meaning as in ss. 48.38 (1) (b) and 938.38 (1) (b), Stats.
Note: Sections 48.38 (1) and 938.38 (1) (b) provide that “permanency plan” means “a plan designed to ensure that a child is reunified with the child’s family whenever appropriate, or that the child quickly attains a placement or home providing long-term stability.”
(11)“Relative” has the same meaning as in s. 48.02 (15), Stats.
(12)“Subsidized guardianship payment” means a payment pursuant to an agreement between an agency and a guardian entered into under s. 48.623, Stats., or s. 48.62 (5), 2009 Stats.
(13)“Supplemental payment” means the portion of a subsidized guardianship payment that is based on a child’s identified needs.
(14) “Tribe” means an Indian tribe located in Wisconsin.
(15) “Tribal private guardianship order” means a guardianship order of a tribal court that is granted under a tribal law that is substantially similar to s. 48.9795, Stats.
History: CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; CR 16-014: cr. (5m), am. (8) Register June 2016 No. 726, eff. 7-1-16; EmR1632: emerg. am. (3), (6), renum. (7) to (7) (intro.), (a) and am., cr. (7) (b), r. and recr. (11), eff. 11-18-16; CR 16-048: am. (3), (6), renum. (7) to (7) (intro.), (a) and am., cr. (7) (b), r. and recr. (11) Register April 2017 No. 736, eff. 5-1-17; CR 21-107: am. (2), (5m) (b) Register June 2022 No. 798, eff. 7-1-22; CR 24-007: renum. (1) to (1r) and am., cr. (1g), (3m), (5s), renum. (7) to (5g) and, as renumbered, am. (5g) (intro.), am. (9) (a) to (c), cr. (14), (15) Register July 2024 No. 823, eff. 8-1-24; correction in (9) made under s. 13.92 (4) (b) 7., Stats., Register July 2024 No. 823.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.