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)(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)(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)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)(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)(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.
DCF 55.10(4)(a)2.a.
a. The child is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma or the equivalent.
DCF 55.10(4)(a)2.c.
c. The social security administration has determined that the child is ineligible for Social Security disability insurance or Supplemental Security Income for not meeting the disability standard in
42 USC 423 (d) or
42 USC 1382c (a).
DCF 55.10 Note
Note: 42 USC 423 (d) is the definition of “disability" that is used in determining eligibility for Social Security disability insurance.
42 USC 1382c (a) is the definition of “aged, blind, or disabled individual" that is used in determining eligibility for Supplemental Security Income.
DCF 55.10(4)(a)2.d.
d. The agency determines that the child's physical, emotional, or behavioral need warrants the continuation of assistance under s.
48.623, Stats.
DCF 55.10(4)(a)3.a.
a. The child turned 18 years of age on or after August 1, 2014, but is under 21 years of age.
DCF 55.10(4)(a)3.b.
b. The child is a full-time student at a secondary school or its vocational or technical equivalent.
DCF 55.10(4)(a)3.c.
c. There is an individualized education program under s.
115.787, Stats.,
or a substantially similar tribal law or policy, a bureau of Indian education-operated school, or a tribally controlled school in effect for the child, and the guardian or interim caretaker submits a copy to the agency.
DCF 55.10(4)(a)3.d.
d. The subsidized guardianship agreement for the child became effective after the child attained 16 years of age.
DCF 55.10(4)(am)
(am) Subsidized guardianship payments may be reinstated if a guardian or interim caretaker terminated the subsidized guardianship agreement when the child was 18 years of age or over and the child meets the requirements of par.
(a) 3. DCF 55.10(4)(b)
(b) To determine whether a guardian and child will continue to be eligible to receive monthly subsidized guardianship payments when the child is 18 years old, the agency may do all of the following:
DCF 55.10(4)(b)1.
1. Six months before the child's 18th birthday, the agency shall send the guardian a form prescribed by the department that notifies the guardian that subsidized guardianship payments will terminate when the child turns 18 years old unless the guardian provides information regarding potential eligibility for the payments to continue.
DCF 55.10 Note
Note: Form DCF-F-CFS2421, Advance Notice of Termination of Subsidized Guardianship at Age 18, 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.
DCF 55.10(4)(b)2.
2. If the agency has not received the completed form under subd.
1. and any necessary documentation from the guardian by 60 days before the child's 18th birthday, the agency shall send a second copy of the form to the guardian.
DCF 55.10(4)(b)3.
3. If the agency has not received the completed form under subd.
1. or
2. with any necessary documentation from the guardian by 30 days before the child's 18th birthday, the payment for the month of the child's 18th birthday shall be the last payment under the subsidized guardianship agreement.
DCF 55.10(4)(b)4.
4. I f the agency receives the completed form under subd.
1. or
2. and any necessary documentation from the guardian 30 days or more before the child's 18th birthday, the agency shall determine whether eligibility will continue when the child turns 18 years old and send the notice of decision on a form prescribed by the department within 15 days after receiving the guardian's completed form and any necessary documentation.
DCF 55.10 Note
Note: Form DCF-F-CFS2420,
Notice of Decision on Subsidized Guardianship Eligibility Status After 18, is available in the forms section of the department's 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 NoteSection
48.57 (3), Stats., authorizes counties to provide funding for the maintenance of a child who is 18 years of age or older.
DCF 55.10(5)
(5) Determination. Following a review of eligibility of a guardian and child for monthly subsidized guardianship payments under this section, an agency shall do one of the following:
DCF 55.10(5)(b)
(b) Make the last payment the month that the child turns 18 years old, except as provided in sub.
(4).
DCF 55.10(5)(bm)
(bm) Send a notice to the guardian on a form prescribed by the department at least 30 days before the effective date of any of the following:
DCF 55.10(5)(bm)1.a.
a. The agency did not receive the completed annual review questionnaire from the guardian under sub.
(3) on or before the annual review date under sub.
(2) (a). If the agency receives the completed annual review questionnaire from the guardian after the review date and none of the changes affecting eligibility under sub.
(1) have occurred, the agency shall reinstate payments effective the date that the agency receives the completed questionnaire.
DCF 55.10(5)(bm)1.b.
b. The child is temporarily placed outside the guardian's home at public expense.
DCF 55.10(5)(bm)2.
2. Terminate payments and other provisions in the subsidized guardianship agreement based on any of the following:
DCF 55.10(5)(bm)2.b.
b. The guardian requests in writing that the subsidized guardianship agreement be terminated.
DCF 55.10 Note
Note: Form DCF-F-CFS 2737,
Notification of Subsidized Guardianship Suspension or Termination, is available in the forms section of the department website,
http://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.
DCF 55.10 History
History: CR: 12-045: cr.
Register May 2013 No. 689, eff. 6-1-13;
EmR1414: emerg. am. (4) (a) (intro.), 1., 2. a., cr. (4) (a) 3., (am), eff. 8-1-14;
CR 14-054: am. (4) (a) (intro.), 1., 2. a., cr. (4) (a) 3., (am)
Register April 2015 No. 712, eff. 5-1-15;
EmR1632: emerg. cr. (1) (j), r. and recr. (2) (b), am. (c), cr. (5) (bm) (intro.), renum. (5) (c) to (5) (bm) 1., renum. (5) (d) to (5) (bm) 2. and am. 2. b., eff. 11-18-16;
CR 16-048: cr. (1) (j), r. and recr. (2) (b), am. (c), cr. (5) (bm) (intro.), renum. (5) (c) to (5) (bm) 1., renum. (5) (d) to (5) (bm) 2. and am. 2. b.
Register April 2017 No. 736, eff. 5-1-17;
CR 24-007: am. (3) (b), (4) (a) 3. c. Register July 2024 No. 823, eff. 8-1-24.
DCF 55.11(1)(a)
(a) A person may petition the division of hearings and appeals under sub.
(2) for a review of any of the following agency actions or failures to act:
DCF 55.11(1)(a)1.
1. The agency did not act promptly on a person's request for a determination of eligibility for subsidized guardianship payments under s.
DCF 55.05 (3).
DCF 55.11(1)(a)2.
2. The agency denied a person's request for a determination of eligibility for subsidized guardianship payments under s.
DCF 55.05 (3) on the grounds that a condition specified in s.
DCF 55.03 has not been met.
DCF 55.11(1)(b)
(b) Review of an agency action or failure to act is unavailable if the action or failure to act arose more than 45 days before the guardian submits the petition for review to the division of hearings and appeals.
DCF 55.11(2)(a)(a) Upon receipt of a timely petition as described in sub.
(1) (b), the division of hearings and appeals shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing.
DCF 55.11(2)(b)
(b) The division of hearings and appeals may make such additional investigation as it considers necessary.
DCF 55.11(2)(c)
(c) The division of hearings and appeals shall provide the applicant or recipient and the agency whose action or failure to act is the subject of the petition with a notice of hearing. That agency may be represented at the hearing.
DCF 55.11(2)(d)
(d) The division of hearings and appeals shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the agency whose action or failure to act is the subject of the petition.
DCF 55.11(2)(e)
(e) The decision of the division of hearings and appeals shall have the same effect as an order of the agency whose action or failure to act is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require, as provided under s.
HA 3.10 (1).
DCF 55.11(2)(f)
(f) The division of hearings and appeals shall deny a petition for review or shall refuse to grant relief if any of the following applies:
DCF 55.11(2)(f)2.
2. The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in state law.
DCF 55.11(2)(f)3.
3. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the division of hearings and appeals.
DCF 55.11(3)(a)1.1. If a recipient requests a hearing within 10 days after the date of the notice that the recipient's subsidized guardianship payments are being decreased or discontinued, those payments may not be decreased or discontinued until a decision is rendered after the hearing.
DCF 55.11(3)(a)2.
2. Payments made pending the hearing decision under subd.
1. may be recovered by the agency if the contested action or failure to act is upheld or the recipient withdraws or abandons the petition.
DCF 55.11(3)(b)
(b) The division of hearings and appeals shall promptly notify the agency whose action is the subject of the hearing that the recipient has requested a hearing.
DCF 55.11(3)(c)
(c) Payments shall be decreased or discontinued if the recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient's behalf.
DCF 55.11 History
History: CR: 12-045: cr.
Register May 2013 No. 689, eff. 6-1-13;
CR 21-107: am. (3) (a) 1.
Register June 2022 No. 798, eff. 7-1-22.
DCF 55.12(1)(1)
Eligibility. Upon the death or incapacity of a guardian or upon the termination of a guardianship under s.
48.977 (7), Stats., or under a tribal court order that is substantially similar to an order under s.
48.977, Stats., and an agreement specified in s.
DCF 55.01 (2) or
(3), the agency that has been providing subsidized guardianship payments to the guardian shall provide the subsidized guardianship payments to the interim caretaker if all of the following conditions are met:
DCF 55.12(1)(a)
(a) Pursuant to s.
48.685, Stats., and s.
DCF 55.13, the agency conducts a background investigation of the interim caretaker and any nonclient resident in the interim caretaker's home and determines that those individuals meet the requirements in s.
48.685, Stats., and s.
DCF 55.13. For a background investigation conducted by a tribal child welfare agency, the investigation may be conducted under s.
48.685, Stats., and s.
DCF 55.13 or by meeting the background check requirements for foster parent licensing under
42 USC 671 (a) (20)
.
