Chapter DCF 55

DCF 55.09(3)(a)2.c. c. Restless and hyperactive, having a short attention span and occasionally wetting during the night.

DCF 55.09(3)(a)2.d. d. Exhibiting low self-esteem and lacking confidence in their ability to deal with the world.

DCF 55.09(3)(a)2.e. e. Periodically withdrawn and unresponsive.

DCF 55.09(3)(a)3. 3. “Level C, moderate” children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:

DCF 55.09(3)(a)3.a. a. Habitually resistive and having difficulty communicating with others, often failing to do what is expected of them.

DCF 55.09(3)(a)3.b. b. Typically respond to situations with apathy, showing a lack of any interest.

DCF 55.09(3)(a)3.c. c. Have difficulty in establishing relationships and set up others for rejection.

DCF 55.09(3)(a)3.d. d. Display cultural and social conflicts.

DCF 55.09(3)(a)3.e. e. Frequent night bed-wetters or occasionally defecate in bed clothes or both.

DCF 55.09(3)(a)3.f. f. Display over-activity and over-excitedness, necessitating close supervision.

DCF 55.09(3)(a)4. 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:

DCF 55.09(3)(a)4.a. a. Infantile personalities.

DCF 55.09(3)(a)4.b. b. Wet or defecate in clothing during daytime hours several times a week.

DCF 55.09(3)(a)4.c. c. Severe hyperactivity to the point of frequent destructiveness or sleeplessness.

DCF 55.09(3)(a)4.d. d. Chronically withdrawn, depressed or anxious.

DCF 55.09(3)(a)4.e. e. Self-injurious, require constant and intensive supervision and may be involved in behavioral management programs or show bizarre or severely disturbed behavior.

DCF 55.09(3)(a)4.f. f. Display anorexia nervosa.

DCF 55.09(3)(b) (b) Behavioral.

DCF 55.09(3)(b)1. 1. “Level A, not applicable” children do not exhibit unusual behavioral characteristics for foster children in their age group.

DCF 55.09(3)(b)2. 2. “Level B, minimal” children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:

DCF 55.09(3)(b)2.a. a. Run away infrequently for up to 2 days with the intention of returning.

DCF 55.09(3)(b)2.b. 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.

DCF 55.09(3)(b)2.c. c. Use sexual acting-out or language as an attention-getting mechanism and occasionally experiment with alcohol, drugs or both.

DCF 55.09(3)(b)2.d. d. Infrequent conflicts with parents or community authorities, including displays of hostility and occasional petty theft, vandalism or both.

DCF 55.09(3)(b)2.e. e. Exhibit occasional aggressive behavior such as biting, scratching or throwing objects at another person.

DCF 55.09(3)(b)3. 3. “Level C, moderate” children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:

DCF 55.09(3)(b)3.a. a. Run away 4 to 7 times a year for 3 or 4 days at a time and requires encouragement to return.

DCF 55.09(3)(b)3.b. 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.

DCF 55.09(3)(b)3.c. c. Exhibit sexual activity harmful to themselves and disruptive to their family and community relationships.

DCF 55.09(3)(b)3.d. d. Occasionally have been involved in non-violent crimes such as burglary, which caused conflict with authority.

DCF 55.09(3)(b)3.e. e. Exhibit frequent aggressive behavior such as biting, scratching or throwing objects at another person.

DCF 55.09(3)(b)3.f. f. Exhibit occasional self-abusive behavior such as banging their heads, poking their eyes, kicking themselves or biting themselves.

DCF 55.09(3)(b)4. 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:

DCF 55.09(3)(b)4.a. a. Runs away 8 or more times a year for 5 or more days at a time, returning only on the initiative of others.

DCF 55.09(3)(b)4.b. 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.

DCF 55.09(3)(b)4.c. c. Exhibit sexual deviancy, including that of a violent nature or nonconsenting involvement of others.

DCF 55.09(3)(b)4.d. d. Habitually use alcohol, drugs or both.

DCF 55.09(3)(b)4.e. e. Exhibit uncontrollable behavior, be involved in property offenses repeatedly with adjudication on more than one property offense that is as serious as burglary, and have committed acts such as arson, physical assault or armed robbery.

DCF 55.09(3)(b)4.f. f. Exhibit aggressive behavior on a daily basis, such as biting, scratching or throwing objects at another person.

DCF 55.09(3)(b)4.g. g. Exhibit frequent self-abusive behavior such as banging their heads, poking their eyes, kicking themselves or biting themselves. These children may eat inappropriate items such as rubber or metal.

DCF 55.09(3)(c) (c) Physical and personal care.

DCF 55.09(3)(c)1. 1. “Level A, not applicable” children do not exhibit unusual physical or personal characteristics for foster children in their age group.

DCF 55.09(3)(c)2. 2. “Level B, minimal” children exhibit physical or personal characteristics that include or correspond in extent or degree with one or more of the following:

DCF 55.09(3)(c)2.a. a. Needs some help with putting on braces or prosthetic devices and help with buttons or laces but basically care for themselves and are able to maintain their own physical assisting devices.

DCF 55.09(3)(c)2.b. b. Seizures or motor dysfunctions that are controlled by medication. Therapy for gross or fine motor skills can be done with supervision for children to achieve normal conditions. These children may require special diet preparation.

DCF 55.09(3)(c)3. 3. “Level C, moderate” children exhibit physical or personal characteristics that include or correspond in extent or degree with one or more of the following:

DCF 55.09(3)(c)3.a. a. Needs help with dressing, bathing as diapering and applying catheters, and requires the help of a person or a device to walk or get around.

DCF 55.09(3)(c)3.b. b. Needs assistance to care for and maintain physical assisting devices.

DCF 55.09(3)(c)3.c. c. Has feeding problems such as excessive intake, extreme messiness or extremely slow eating requiring help, supervision or both.

DCF 55.09(3)(c)3.d. d. Needs tube or gavage feeding.

DCF 55.09(3)(c)3.e. e. Requires special care to prevent or remedy skin conditions such as decubiti and severe eczema.

DCF 55.09 Note Note: The administration of medications and preparation of special diets are demanding, and prescribed physical therapies such as those for vision, hearing, speech or gross or fine motor skills require one to 2 hours a day.

DCF 55.09(3)(c)4. 4. “Level D, intensive” children exhibit physical or personal characteristics that include or correspond in extent or degree with one or more of the following:

DCF 55.09(3)(c)4.a. a. Non-ambulatory, may have uncontrollable seizures and need appliances for drainage, colostomy, aspiration or suctioning.

DCF 55.09(3)(c)4.b. b. Even with proper medical attention, vision, speech or hearing functions are impaired and may require foster parent training.

DCF 55.09(3)(c)4.c. c. Need daily prescribed exercise routines to improve or maintain gross or fine motor skills that require home administration.

DCF 55.09(3)(c)4.d. d. Require prevention procedures such as daily irrigation.

DCF 55.09(3)(c)4.e. e. Require extra cleaning and laundry to maintain hygiene and control of the child’s body waste.

DCF 55.09(3)(c)4.f. f. Orthotics care.

DCF 55.09(3)(c)4.g. g. Prescribed physical therapies taking 2 to 3 hours a day.

DCF 55.09 History History: CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13.

DCF 55.10 DCF 55.10 Review of eligibility for subsidized guardianship payments.

DCF 55.10(1) (1) Changes that may affect eligibility. To review a guardian and child’s continued eligibility for monthly subsidized guardianship payments, an agency shall determine whether any of the following changes have occurred:

DCF 55.10(1)(a) (a) There has been a change in the child’s guardian.

DCF 55.10(1)(b) (b) The child has entered the military.

DCF 55.10(1)(c) (c) The child is married.

DCF 55.10(1)(d) (d) The child is no longer living with the guardian.

DCF 55.10(1)(e) (e) The child is deceased.

DCF 55.10(1)(f) (f) The child has graduated, completed, or dropped out from a full-time, kindergarten to 12th grade educational program or its equivalent.

DCF 55.10(1)(g) (g) The guardian is no longer supporting the child.

DCF 55.10(1)(h) (h) The guardian’s legal responsibility for the child has ended.

DCF 55.10(1)(i) (i) The child has been placed outside the guardian’s home at public expense.

DCF 55.10(1)(j) (j) The child’s parent is residing with the guardian and child.

DCF 55.10(2) (2) When to review. An agency shall review whether a child and guardian continue to be eligible for subsidized guardianship payments at the following times:

DCF 55.10(2)(a) (a) An annual review date that begins not less than 12 months after the date the agency began making payments to the guardian.

DCF 55.10(2)(b) (b) Thirty days after the effective date of sub. (1) (j), unless the guardian is providing care for the child’s parent and any of the following apply:

DCF 55.10(2)(b)1. 1. The child’s parent is a minor.

DCF 55.10(2)(b)2. 2. The child’s parent is subject to an order for adult protective services or protective placement under s. 55.12, Stats.

DCF 55.10 Note Note: Section 55.12, Stats., is the statutory section on adult protective services or protective placement orders.

DCF 55.10(2)(c) (c) If the agency receives notice from the guardian or otherwise knows or suspects that a change listed in sub. (1) has occurred.

DCF 55.10 Note Note: If the parent in the guardian’s home poses a threat to the child’s safety, the agency should take appropriate steps to contact the local child protective services agency in Wisconsin or in the jurisdiction where the child resides. The agency may also consider notifying the court that ordered the guardianship to determine if the guardianship remains in the child’s best interests. Guardianships under s. 48.977, Stats., are the result of a previous action under ch. 48, Stats., in which child safety may have been an issue. Therefore, it is imperative that the agency responds accordingly when the agency becomes aware of actions to circumvent or dissolve the guardianship.

DCF 55.10(2)(d) (d) Beginning 6 months before the child’s 18th birthday, to determine whether eligibility is expected to continue under sub. (4) when the child turns 18 years old.

DCF 55.10(3) (3) Annual review.

DCF 55.10(3)(a) (a) Not less than 60 days before a guardian’s annual review date under sub. (2) (a), the agency shall send an annual review questionnaire and notice on a department-prescribed form requesting that the guardian return the completed questionnaire within 30 days of receipt and informing the guardian that payments will be suspended if the agency does not receive the completed questionnaire by the guardian’s annual review date. If the guardian has not returned the completed questionnaire 30 days after the agency sent the questionnaire, the agency shall send a second copy of the questionnaire and notice.

DCF 55.10 Note Note: Form DCF-F-2736-E, Subsidized Guardianship Request for Information to Determine Continued Eligibility, 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.

DCF 55.10(3)(b) (b) If the guardian returns the annual review questionnaire during the 60-day period before the annual review date, the agency shall immediately document in the child’s case record the receipt of the form and whether the child and guardian continue to be eligible for monthly subsidized guardianship payments.

DCF 55.10(4) (4) Eligibility after age 17.

DCF 55.10(4)(a) (a) Notwithstanding s. DCF 55.02 (3), a guardian and a child who is 18 years of age or older may be eligible to continue to receive monthly subsidized guardianship payments if no change affecting eligibility under sub. (1) has occurred and subd. 1., 2., or 3. applies:

DCF 55.10(4)(a)1. 1. The child is 18 years old and is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma or the equivalent.