Chapter DCF 55

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. 3. All of the following apply regarding the child:

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 Note Section 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)(a) (a) Continue the payments.

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. 1. Suspend payments for any of the following reasons:

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)1.c. c. The child is temporarily not being supported by the guardian.

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.a. a. A change of circumstances under sub. (1) (a) to (h) or (j) has occurred.

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 DCF 55.11 Appeals.

DCF 55.11(1) (1) 

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)(a)3. 3. Regarding an amendment under s. DCF 55.08, the agency did any of the following:

DCF 55.11(1)(a)3.a. a. Denied a guardian’s request for an amendment under s. DCF 55.08 (4) (f) or (5) (f) 1. c. and (g).

DCF 55.11(1)(a)3.b. 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.

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) (2) 

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)1. 1. The petitioner withdraws the petition in writing.

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) (3) 

DCF 55.11(3)(a) (a)

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 DCF 55.12 Interim caretaker.

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).

DCF 55.12(1)(b) (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.

DCF 55.12(1)(c) (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.

DCF 55.12(1)(d) (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.

DCF 55.12(2) (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.

DCF 55.12(3) (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.

DCF 55.12(4) (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.

DCF 55.12 History 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 55.125 DCF 55.125 Successor guardian.

DCF 55.125(1) (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:

DCF 55.125(1)(a) (a) The prospective successor guardian demonstrates a strong commitment to caring permanently for the child.

DCF 55.125(1)(b) (b) If the child is age 14 years or older, the child has been consulted with regarding the successor guardianship arrangement.

DCF 55.125(1)(c) (c) The agency determines that the prospective successor guardian is eligible to be licensed as a foster parent under ch. DCF 56 and the prospective guardian and nonclient residents in the prospective guardian’s home meet the requirements of the background check 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).

DCF 55.125 Note Note: The agency is not required to issue a license to the prospective successor guardian.

DCF 55.125(1)(d) (d) The agency determines that placement of the child with the prospective successor guardian 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.

DCF 55.125 Note Note: Upon the death or incapacity of a guardian who did not name a prospective successor guardian in a subsidized guardianship agreement or amended subsidized guardianship agreement that was entered into before the guardian’s death or incapacity, eligibility of a person to become a new subsidized guardian would be determined under s. DCF 55.03. Section DCF 55.03 would also apply to the eligibility determination of a person seeking payments under this chapter if the previous guardianship was terminated for a reason other than death or incapacity of the guardian.

DCF 55.125(1)(e) (e) 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 prospective successor guardian to the Indian child’s parent, Indian custodian, and tribe and determines that the home of the prospective successor guardian 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.

DCF 55.125(2) (2) Eligibility determination form. An agency that determines a prospective successor guardian’s eligibility shall document the determination on a form prescribed by the department.

DCF 55.125 Note Note: Form DCF-F-5069-E, Subsidized Guardianship Successor Guardian Eligibility Determination, is available on the forms page 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 55.125(3) (3) Subsidized guardianship agreement. The agency shall enter into a written, signed subsidized guardianship agreement with the prospective successor guardian under s. DCF 55.06 if the agency determines that the prospective successor guardian is eligible under sub. (1). The agency shall enter into the subsidized guardianship agreement with the prospective successor guardian before guardianship is established under s. 48.977 (5m), 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).

DCF 55.125(4) (4) Court. An agency may not provide subsidized guardianship payments to a prospective successor guardian until all of the following occur:

DCF 55.125(4)(a) (a) A court appoints the successor guardian to assume the duty and authority of guardianship under s. 48.977 (5m), 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).

DCF 55.125(4)(b) (b) Any order under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365, Stats., or a substantially similar tribal court order placing the child, or continuing the placement of the child, outside of the child’s home has been terminated, or any proceeding in which the child has been adjudged to be in need of protection or services specified in s. 48.977 (2) (a), Stats., or under a substantially similar tribal law has been dismissed, as provided in s. 48.977 (3r) (b), Stats., or under a substantially similar tribal law or a substantially similar tribal court order and an agreement specified in s. DCF 55.01 (2) or (3).

DCF 55.125(5) (5) Monthly payments. An agency shall provide monthly subsidized guardianship payments in an amount determined under s. DCF 55.07 or 55.08 to a guardian appointed under s. 48.977 (5m), 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).

DCF 55.125 History History: EmR1632: emerg. cr., eff. 11-18-16; CR 16-048: cr. Register April 2017 No. 736, eff. 5-1-17; CR 24-007: am. (1) (c), (d), cr. (1) (e), am. (3), (4) (a), (b), (5) Register July 2024 No. 823, eff. 8-1-24.

DCF 55.13 DCF 55.13 Background check of interim caretaker or prospective successor guardian and nonclient residents.

DCF 55.13(1g) (1g) Tribal agency. A background investigation under s. DCF 55.12 (1) (a) or 55.125 (1) (c) that is conducted by a tribal child welfare agency may be conducted under s. 48.685, Stats., and this section or by meeting the background check requirements for foster parent licensing under 42 USC 671 (a) (20).

DCF 55.13(1r) (1r) Provide information.

DCF 55.13(1r)(a) (a) Before an agency provides subsidized guardianship payments to an interim caretaker seeking payments under s. DCF 55.12 or determines that a prospective successor guardian is eligible to enter into a subsidized guardianship agreement, the interim caretaker or prospective successor guardian and any nonclient resident in the interim caretaker’s or prospective successor guardian’s home shall do all of the following:

DCF 55.13(1r)(a)1. 1. Complete and submit to the agency the department’s background information disclosure form and written authorization for the agency to make follow-up contact with the Wisconsin department of justice and any other person or organization to determine if there is any reason under sub. (4) why the interim caretaker is not eligible to receive subsidized guardianship payments under s. DCF 55.12 or the prospective successor guardian is not eligible to enter into a subsidized guardianship agreement.

DCF 55.13 Note Note: 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.

DCF 55.13(1r)(a)2. 2. Provide the agency with information on their places of residence during the 5-year period before the interim caretaker is seeking subsidized guardianship payments under s. DCF 55.12 or the prospective successor guardian is seeking to enter into a subsidized guardianship agreement.