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(i) The child has been placed outside the guardian’s home at public expense.
(j) The child’s parent is residing with the guardian and child.
(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:
(a) An annual review date that begins not less than 12 months after the date the agency began making payments to the guardian.
(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:
1. The child’s parent is a minor.
2. The child’s parent is subject to an order for adult protective services or protective placement under s. 55.12, Stats.
Note: Section 55.12, Stats., is the statutory section on adult protective services or protective placement orders.
(c) If the agency receives notice from the guardian or otherwise knows or suspects that a change listed in sub. (1) has occurred.
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.
(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.
(3)Annual review.
(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.
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.
(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.
(4)Eligibility after age 17.
(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:
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.
2. The child is 19 or 20 years old and all of the following apply:
a. The child is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma or the equivalent.
b. The child has a physical, emotional, or behavioral need.
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).
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.
d. The agency determines that the child’s physical, emotional, or behavioral need warrants the continuation of assistance under s. 48.623, Stats.
3. All of the following apply regarding the child:
a. The child turned 18 years of age on or after August 1, 2014, but is under 21 years of age.
b. The child is a full-time student at a secondary school or its vocational or technical equivalent.
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.
d. The subsidized guardianship agreement for the child became effective after the child attained 16 years of age.
(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.
(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:
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.
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.
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.
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.
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.
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.
Section 48.57 (3), Stats., authorizes counties to provide funding for the maintenance of a child who is 18 years of age or older.
(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:
(a) Continue the payments.
(b) Make the last payment the month that the child turns 18 years old, except as provided in sub. (4).
(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:
1. Suspend payments for any of the following reasons:
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.
b. The child is temporarily placed outside the guardian’s home at public expense.
c. The child is temporarily not being supported by the guardian.
2. Terminate payments and other provisions in the subsidized guardianship agreement based on any of the following:
a. A change of circumstances under sub. (1) (a) to (h) or (j) has occurred.
b. The guardian requests in writing that the subsidized guardianship agreement be terminated.
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.
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 55.11Appeals.
(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:
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).
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.
3. Regarding an amendment under s. DCF 55.08, the agency did any of the following:
a. Denied a guardian’s request for an amendment under s. DCF 55.08 (4) (f) or (5) (f) 1. c. and (g).
b. Approved a guardian’s request for an amendment at an amount that is less than the amount that the guardian considers appropriate under s. DCF 55.08 (4) (f) or (5) (f) 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.
(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.
(b) The division of hearings and appeals may make such additional investigation as it considers necessary.
(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.
(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.
(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).
(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:
1. The petitioner withdraws the petition in writing.
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.
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.
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.
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.
(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.
(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.
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 55.12Interim caretaker.
(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:
(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).
(b) The agency inspects the home of the interim caretaker, interviews the interim caretaker, and determines that placement of the child with the interim caretaker is in the best interests of the child. In the case of an Indian child, a county department or the department determines the best interests of the Indian child in accordance with s. 48.01 (2), Stats.
(c) The interim caretaker cooperates with the agency in finding a permanent placement for the child by either seeking to become the child’s guardian or adoptive parent or assisting in finding other permanent resources for the child.
(d) If a county department or the department knows or has reason to know that the child is an Indian child, the county department or department provides notice of the Indian child’s placement in the home of the interim caretaker to the Indian child’s parent, Indian custodian, and tribe and determines that the home of the interim caretaker complies with the order of placement preference under s. 48.028 (7) (b), Stats., or, if applicable, s. 48.028 (7) (c), Stats., unless the county department or department finds good cause, as described in s. 48.028 (7) (e), Stats., for departing from that order.
(2)Time-limited. The agency shall provide the subsidized guardianship payments to an interim caretaker who is eligible under sub. (1) until the interim caretaker is licensed as a foster parent under ch. DCF 56, except the agency may not provide subsidized guardianship payments to an interim caretaker for more than 12 months.
(3)Payment amount. The amount of the subsidized guardianship payments to the interim caretaker shall be the most recent amount that the agency had agreed to pay the guardian under s. DCF 55.07 (2) or 55.08.
(4)Overpayments. An agency may recover any overpayment made to a current or former interim caretaker by any legal means as determined by the agency. An overpayment to an interim caretaker who continues to receive subsidized guardianship payments may be recovered by reducing the amount of the person’s monthly payment.
History: CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; CR 21-107: am. (2) Register June 2022 No. 798, eff. 7-1-22; CR 24-007: am. (1) (intro.), (a), (b), (d) Register July 2024 No. 823, eff. 8-1-24.
DCF 55.125Successor guardian.
(1)Eligibility. Upon the death or incapacity of a guardian who was receiving subsidized guardianship payments under s. 48.623, Stats., and this chapter, the agency shall determine the eligibility of a person named as a prospective successor guardian in a subsidized guardianship agreement or amended subsidized guardianship agreement that was entered into before the death or incapacity of the guardian. A prospective successor guardian is eligible to enter into a new subsidized guardianship agreement with the agency if the agency determines all of the following apply:
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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.