Chapter DCF 55

Chapter DCF 55

SUBSIDIZED GUARDIANSHIP

DCF 55.01   Authority and purpose.

DCF 55.02   Definitions.

DCF 55.03   Eligibility.

DCF 55.04   Procedure to inform prospective guardians.

DCF 55.05   Eligibility determination and documentation.

DCF 55.06   Subsidized guardianship agreement.

DCF 55.07   Amount of monthly payment.

DCF 55.08   Amendment to adjust payment amount.

DCF 55.09   Supplemental payments under subsidized guardianship agreements entered into before July 1, 2011.

DCF 55.10   Review of eligibility for subsidized guardianship payments.

DCF 55.11   Appeals.

DCF 55.12   Interim caretaker.

DCF 55.125   Successor guardian.

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

Ch. DCF 55 Note Note: This chapter was created as an emergency rule, EmR1212, effective September 3, 2012.

DCF 55.01 DCF 55.01 Authority and purpose. This chapter specifies procedures for agencies to provide subsidized guardianship payments under s. 48.623, Stats., or a subsidized guardianship agreement entered into under s. 48.62 (5), 2009 Stats., to support legal permanence for care of children in any of the following:

DCF 55.01(1) (1) A guardianship under s. 48.977, Stats.

DCF 55.01(2) (2) A guardianship under a tribal court order that is substantially similar to an order under s. 48.977, Stats., and as provided for in an agreement that includes the purpose of making subsidized guardianship payments to a guardian of an Indian child and that is made between the governing body of a tribe and a county or, in a county having a population of 750,000 or more or in the circumstances specified in s. 48.43 (7) (a) or 48.485 (1), Stats., between the governing body of a tribe and the department.

DCF 55.01(3) (3) A guardianship under a tribal court order that is substantially similar to an order under s. 48.977, Stats., and as provided for in an agreement that is made between the governing body of a tribe and the department and that allows the tribe to administer subsidized guardianships.

DCF 55.01 Note Note: Before July 1, 2011, the Bureau of Milwaukee Child Welfare administered a subsidized guardianship demonstration project that was authorized by a federal waiver and s. 48.62 (5), 2009 Stats.

DCF 55.01 History History: CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; CR 24-007: am. (1), (2), cr. (3) Register July 2024 No. 823, eff. 8-1-24.

DCF 55.02 DCF 55.02 Definitions. In this chapter:

DCF 55.02(1g) (1g) “Adoption” includes customary adoption, where applicable, according to tribal law or custom.

DCF 55.02(1r) (1r) “Agency” means a county department of social services under s. 46.22, Stats.; a county department of human services under s. 46.23, Stats.; a tribal child welfare agency; or, in a county having a population of 750,000 or more or in the circumstances specified in s. 48.43 (7) (a) or 48.485 (1), Stats., the department.

DCF 55.02(2) (2) “Background information disclosure” means the form prescribed by the department on which a person provides information for purposes of the background check under s. 48.685, Stats.

DCF 55.02 Note Note: Form 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 55.02(3) (3) “Child” means a person less than 18 years of age, except as provided in s. DCF 55.10 (4).

DCF 55.02(3m) (3m) “County department” means a county department of social services under s. 46.22, Stats., or a county department of human services under s. 46.23, Stats.

DCF 55.02(4) (4) “Department” means the department of children and families.

DCF 55.02(5) (5) “Division of hearings and appeals” means a division in the department of administration.

DCF 55.02(5g) (5g) “Fictive kin” means a person who has a significant emotional relationship with the child or the child’s family and to whom any of the following applies:

DCF 55.02(5g)(a) (a) Prior to the child’s placement in out-of-home care, the person had an existing relationship with the child or the child’s family that is similar to a familial relationship.

DCF 55.02(5g)(b) (b) During the child’s placement in out-of-home care, the person developed a relationship with the child or the child’s family that is similar to a familial relationship and all of the following apply:

DCF 55.02(5g)(b)1. 1. The person is a foster parent who has had a relationship with the child for at least 2 years.

DCF 55.02(5g)(b)2. 2. The child is 14 years of age or older.

DCF 55.02(5g)(b)3. 3. The child has been placed in out-of-home care for 15 out of the last 22 months.

DCF 55.02(5g)(b)4. 4. The agency or court determines that placement with a fit and willing relative is not in the child’s best interest.

DCF 55.02(5m) (5m) “Final substantiated finding” means all of the following:

DCF 55.02(5m)(a) (a) A final determination made after January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 5m., Stats., and s. DCF 40.04 if the final determination has not been reversed or modified on appeal.

DCF 55.02(5m)(b) (b) A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4., Stats., if the determination has not been reversed or modified on appeal.

DCF 55.02(5s) (5s) “Indian tribe” has the meaning given in s. 48.02 (8r), Stats.

DCF 55.02(6) (6) “Interim caretaker” means a person seeking or receiving payments under s. 48.623 (6) (am), Stats.

DCF 55.02(8) (8) “Nonclient resident” has the same meaning as in s. DCF 12.02 (18).

DCF 55.02(9) (9) “Out-of-home care” for the purpose of sub. (5g) means physical custody of a child or juvenile under any of the following paragraphs:

DCF 55.02(9)(a) (a) Sections 48.205 (1), 48.207, 48.208, 48.209, 48.21, 48.32, 48.345, 48.357, 48.363, or 48.365, Stats., or a substantially similar tribal law.

DCF 55.02(9)(b) (b) Sections 938.205 (1), 938.207, 938.208, 938.209, 938.21, 938.32, 938.345, 938.357, 938.363, or 938.365, Stats., or a substantially similar tribal law.

DCF 55.02(9)(c) (c) A voluntary placement agreement under s. 48.63 (1), Stats., or a substantially similar tribal law.

DCF 55.02(10) (10) “Permanency plan” has the same meaning as in ss. 48.38 (1) (b) and 938.38 (1) (b), Stats.

DCF 55.02 Note Note: Sections 48.38 (1) and 938.38 (1) (b) provide that “permanency plan” means “a plan designed to ensure that a child is reunified with the child’s family whenever appropriate, or that the child quickly attains a placement or home providing long-term stability.”

DCF 55.02(11) (11) “Relative” has the same meaning as in s. 48.02 (15), Stats.

DCF 55.02(12) (12) “Subsidized guardianship payment” means a payment pursuant to an agreement between an agency and a guardian entered into under s. 48.623, Stats., or s. 48.62 (5), 2009 Stats.

DCF 55.02(13) (13) “Supplemental payment” means the portion of a subsidized guardianship payment that is based on a child’s identified needs.

DCF 55.02(14) (14) “Tribe” means an Indian tribe located in Wisconsin.

DCF 55.02(15) (15) “Tribal private guardianship order” means a guardianship order of a tribal court that is granted under a tribal law that is substantially similar to s. 48.9795, Stats.

DCF 55.02 History History: CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; CR 16-014: cr. (5m), am. (8) Register June 2016 No. 726, eff. 7-1-16; EmR1632: emerg. am. (3), (6), renum. (7) to (7) (intro.), (a) and am., cr. (7) (b), r. and recr. (11), eff. 11-18-16; CR 16-048: am. (3), (6), renum. (7) to (7) (intro.), (a) and am., cr. (7) (b), r. and recr. (11) Register April 2017 No. 736, eff. 5-1-17; CR 21-107: am. (2), (5m) (b) Register June 2022 No. 798, eff. 7-1-22; CR 24-007: renum. (1) to (1r) and am., cr. (1g), (3m), (5s), renum. (7) to (5g) and, as renumbered, am. (5g) (intro.), am. (9) (a) to (c), cr. (14), (15) Register July 2024 No. 823, eff. 8-1-24; correction in (9) made under s. 13.92 (4) (b) 7., Stats., Register July 2024 No. 823.

DCF 55.03 DCF 55.03 Eligibility.

DCF 55.03(1) (1) Child and guardian. An agency shall provide monthly subsidized guardianship payments to a guardian of a child under s. 48.977 (2), 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), if the agency determines that all of the following apply:

DCF 55.03(1)(a) (a) The child meets all of the following conditions:

DCF 55.03(1)(a)1. 1. The child has been removed from the child’s home under any of the following:

DCF 55.03(1)(a)1.a. a. A voluntary agreement under s. 48.63, Stats., or a substantially similar tribal law.

DCF 55.03(1)(a)1.b. b. A Wisconsin court order or a substantially similar tribal court order containing a finding that continued placement of the child in the child’s home would be contrary to the welfare of the child.

DCF 55.03(1)(a)2. 2. The child has been residing in the home of the prospective guardian for not less than 6 consecutive months immediately before guardianship is established.

DCF 55.03(1)(a)3. 3. Adoption of the child or return of the child to the child’s home is not in the child’s best interests.

DCF 55.03(1)(a)4. 4. The child demonstrates a strong attachment to the guardian.

DCF 55.03(1)(a)5. 5. If the child is 14 years of age or over, the child has been consulted regarding the guardianship arrangement.

DCF 55.03(1)(b) (b) The guardian meets all of the following conditions:

DCF 55.03(1)(b)1. 1. The guardian is a relative of the child or fictive kin to the child.

DCF 55.03(1)(b)2. 2. The guardian has a strong commitment to caring permanently for the child.

DCF 55.03(1)(b)3. 3. For not less than 6 consecutive months immediately before being named as the guardian of the child, the prospective guardian has been licensed as a foster parent and the prospective guardian and all nonclient residents in the guardian’s home have met the background check requirements specified in s. 48.685, Stats., and ss. DCF 56.05 (1) (f) and 56.055, or, for a background investigation conducted by a tribal child welfare agency, all adults residing in the guardian’s home have met either the requirements specified in s. 48.685, Stats., or the background check requirements for foster parent licensing under 42 USC 671 (a) (20).

DCF 55.03(1)(b)4. 4. Before being named as the guardian of the child, the prospective guardian entered into a subsidized guardianship agreement with the agency under s. DCF 55.06.