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2. Beginning with the second request for continuation of the payment amount in an amendment and for all subsequent even-numbered requests for continuation, the guardian shall do all of the following:
a. Complete and return the request for subsidized guardianship amendment form prescribed by the department to document the guardian’s observations of the child’s physical, behavioral, and emotional needs.
Note: The agency sends the guardian at least 2 sets of the same forms that are required for an initial amendment under sub. (3) (a). The forms are 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.
For a subsidized guardianship agreement entered into before July 1, 2011, the agency sends all of the following forms:
DCF-F-2813-E, Subsidized Guardianship Amendment Request — Established Before July 1, 2011.
DCF-F-2783-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Behavioral Characteristics.
DCF-F-2784-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Physical/Personal Care Characteristics.
DCF-F-2785-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Emotional Characteristics.
For a subsidized guardianship agreement entered into on or after July 1, 2011, the agency sends all of the following forms that apply to the child’s age:
DCF-F-2781-E, Subsidized Guardianship Amendment Request — Complete Documentation Request.
DCF-F-2867-E, Subsidized Guardianship Amendment Request — Age Birth to 5 Child and Adolescent Needs and Strengths (CANS) Version.
DCF-F-2868-E, Subsidized Guardianship Amendment Request — Age 5 to 17 Child and Adolescent Needs and Strengths (CANS) Version.
DCF-F-2869-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Emotional Characteristics (Age Birth to 5).
DCF-F-2870-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Emotional Characteristics (Age 5 to 17).
DCF-F-2871-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Behavioral Characteristics (Age Birth to 5).
DCF-F-2872-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Behavioral Characteristics (Age 5 to 17).
DCF-F-2873-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Physical/Personal Care Characteristics (Age Birth to 5).
DCF-F-2874-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Behavioral Characteristics (Age 5 to 17).
The guardian completes and returns to the agency the forms that apply to the child’s needs.
b. Submit documentation by appropriate professionals regarding the child’s current needs on a form prescribed by the department and dated not more than 6 months before the request for continuation.
Note: The professionals complete the same forms as the guardian under subd. 2. a.
(d) The agency may require the guardian to provide additional information regarding the child’s needs, including an evaluation by a specialist.
(e) The agency shall review the guardian’s request and supporting documentation to determine whether the substantial change in circumstances that was the basis for amending the agreement continues to exist under the following criteria:
1. For a subsidized guardianship agreement entered into before July 1, 2011, under s. 48.62 (5), 2009 Stats., the rate determined under s. DCF 55.09.
2. For a subsidized guardianship agreement entered into on or after July 1, 2011, under s. 48.623, Stats., the rate determined under s. DCF 56.23 (2) (a) if the child has needs that have been identified as moderate or intensive in the areas listed in s. DCF 56.23 (2) (a) 1. a. to e.
1. Following the review under par. (e), the agency may determine any of the following:
a. The substantial change in circumstances that was the basis for the amendment continues to exist.
b. A substantial change in circumstances exists as a basis for a monthly subsidized guardianship payment that is more than the amount in the initial subsidized guardianship agreement but less than the current amendment.
c. A substantial change in circumstances no longer exists as a basis for a monthly subsidized guardianship payment that is more than the amount in the initial subsidized guardianship agreement under s. DCF 55.06.
2. The agency may not determine a monthly subsidized guardianship payment amount that is less than the amount in the initial subsidized guardianship agreement under s. DCF 55.06.
(g) The agency shall provide the guardian with written notice of the agency determination under par. (f) on a form prescribed by the department that includes information on the guardian’s right to appeal the agency decision under s. DCF 55.11.
Note: Form DCF-F-2756-E, Notice of Approval for Amendment for Subsidized Guardianship and Amended Agreement, and form DCF-F-2765-E, Notice of Denial for Amendment for Subsidized Guardianship, are available in eWiSACWIS, the child welfare automation system, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.
(h) If an agency offers a monthly subsidized guardianship payment amount that is more than the amount in the initial subsidized guardianship agreement under s. DCF 55.06 and the guardian accepts the amount that the agency offers, the agency and the guardian shall sign an amendment to the subsidized guardianship agreement that specifies the monthly payment amount and the time period that the amendment will be effective. An amendment to a subsidized guardianship agreement may not be effective for more than one year. The amendment shall be on a form prescribed by the department.
Note: Form DCF-F-2756-E, Notice of Approval for Amendment for Subsidized Guardianship and Amended Agreement, is available in eWiSACWIS, the child welfare automation system, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.
(i) The amendment shall be effective the first day of the month following the date that both of the following have occurred:
1. The date that the agency receives the amendment signed by the guardian and the agency.
2. The date that a previous amendment has expired.
(6)Agency proposal. An agency may propose to a person receiving monthly subsidized guardianship payments that the agreement under s. DCF 55.06 be amended to adjust the amount of those payments. If an adjustment in the amount of those payments is agreed to by the person receiving those payments, the agreement shall be amended in writing to specify the adjusted amount of those payments and shall be signed by the agency and the guardian.
History: CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; (5) (i) a., b. renumbered to (i) 1., 2. under s. 13.92 (4) (b) 1., Stats., Register May 2013 No. 689; CR 16-014: r. and recr. (4) (c) Register June 2016 No. 726, eff. 7-1-16; CR 24-007: am. (2) (a) 1. Register July 2024 No. 823, eff. 8-1-24.
DCF 55.09Supplemental payments under subsidized guardianship agreements entered into before July 1, 2011.
(1)Applicability. This section applies to supplemental payments provided under subsidized guardianship agreements entered into before July 1, 2011, under s. 48.62 (5), 2009 Stats.
Note: Subsidized guardianship agreements entered into before July 1, 2011, were part of a subsidized guardianship demonstration project that was administered by the Bureau of Milwaukee Child Welfare and authorized by a federal waiver and s. 48.62 (5), 2009 Stats.
(2)Supplemental payments.
(a) The agency may make supplemental payments to the guardian of a child in an amount to be determined by the agency if the child requires more than the usual amount of care and supervision for the child’s age because of special emotional, behavioral or physical and personal needs.
(b) If a child does not exhibit characteristics commensurate with a moderate or intensive level of emotional, behavioral, or physical and personal special needs categories described in sub. (3), no supplemental payment may be made. If the child exhibits characteristics commensurate with in a moderate or intensive level of one or more of the emotional, behavioral, or physical and personal special need categories under sub. (3), a supplemental payment in an amount to be determined by the agency shall be paid.
(c) The agency shall document in the child’s case record the characteristics of any selected level of care.
(3)Schedule of difficulty-of-care levels.
(a) Emotional.
1. “Level A, not applicable” children do not exhibit unusual emotional characteristics for foster children in their age group.
2. “Level B, minimal” children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:
a. Demanding excessive attention from others.
b. Nervous, high-strung, impulsive and displaying temper tantrums.
c. Restless and hyperactive, having a short attention span and occasionally wetting during the night.
d. Exhibiting low self-esteem and lacking confidence in their ability to deal with the world.
e. Periodically withdrawn and unresponsive.
3. “Level C, moderate” children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:
a. Habitually resistive and having difficulty communicating with others, often failing to do what is expected of them.
b. Typically respond to situations with apathy, showing a lack of any interest.
c. Have difficulty in establishing relationships and set up others for rejection.
d. Display cultural and social conflicts.
e. Frequent night bed-wetters or occasionally defecate in bed clothes or both.
f. Display over-activity and over-excitedness, necessitating close supervision.
4. “Level D, intensive” children exhibit behavior that includes or corresponds in extent or degree with one or more of the following characteristics, and the characteristics are severe:
a. Infantile personalities.
b. Wet or defecate in clothing during daytime hours several times a week.
c. Severe hyperactivity to the point of frequent destructiveness or sleeplessness.
d. Chronically withdrawn, depressed or anxious.
e. Self-injurious, require constant and intensive supervision and may be involved in behavioral management programs or show bizarre or severely disturbed behavior.
f. Display anorexia nervosa.
(b) Behavioral.
1. “Level A, not applicable” children do not exhibit unusual behavioral characteristics for foster children in their age group.
2. “Level B, minimal” children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:
a. Run away infrequently for up to 2 days with the intention of returning.
b. Occasionally skip classes or an entire day of school, affecting class achievement and requiring make-up school work and parent contact with the school.
c. Use sexual acting-out or language as an attention-getting mechanism and occasionally experiment with alcohol, drugs or both.
d. Infrequent conflicts with parents or community authorities, including displays of hostility and occasional petty theft, vandalism or both.
e. Exhibit occasional aggressive behavior such as biting, scratching or throwing objects at another person.
3. “Level C, moderate” children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:
a. Run away 4 to 7 times a year for 3 or 4 days at a time and requires encouragement to return.
b. Truant from school one to 2 times a month for more than one day, resulting in delayed academic progress including performance below their ability that may lead to class failure, possible suspension and frequent parent contact with the school.
c. Exhibit sexual activity harmful to themselves and disruptive to their family and community relationships.
d. Occasionally have been involved in non-violent crimes such as burglary, which caused conflict with authority.
e. Exhibit frequent aggressive behavior such as biting, scratching or throwing objects at another person.
f. Exhibit occasional self-abusive behavior such as banging their heads, poking their eyes, kicking themselves or biting themselves.
4. “Level D, intensive” children exhibit behavior that includes or corresponds in extent or degree with one or more of the following characteristics, and the characteristics are severe:
a. Runs away 8 or more times a year for 5 or more days at a time, returning only on the initiative of others.
b. Habitually create a disturbance in the classroom or be habitually truant from school resulting in class failure, frequent suspension or expulsion, and requiring frequent parent contact with the school.
c. Exhibit sexual deviancy, including that of a violent nature or nonconsenting involvement of others.
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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.