Wisconsin Legislature: DCF 55.09(3)(b)1.

Alert! This chapter may be affected by an emergency rule:

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Note: Subsidized guardianship agreements entered into before July 1, 2011, were part of a subsidized guardianship demonstration project that was administered by the Bureau of Milwaukee Child Welfare and authorized by a federal waiver and s. 48.62 (5), 2009 Stats.

(2) Supplemental payments.

(a) The agency may make supplemental payments to the guardian of a child in an amount to be determined by the agency if the child requires more than the usual amount of care and supervision for the child’s age because of special emotional, behavioral or physical and personal needs.

(b) If a child does not exhibit characteristics commensurate with a moderate or intensive level of emotional, behavioral, or physical and personal special needs categories described in sub. (3), no supplemental payment may be made. If the child exhibits characteristics commensurate with in a moderate or intensive level of one or more of the emotional, behavioral, or physical and personal special need categories under sub. (3), a supplemental payment in an amount to be determined by the agency shall be paid.

(3) Schedule of difficulty-of-care levels.

(a) Emotional.

1. “Level A, not applicable” children do not exhibit unusual emotional characteristics for foster children in their age group.

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

a. Demanding excessive attention from others.

b. Nervous, high-strung, impulsive and displaying temper tantrums.

c. Restless and hyperactive, having a short attention span and occasionally wetting during the night.

d. Exhibiting low self-esteem and lacking confidence in their ability to deal with the world.

e. Periodically withdrawn and unresponsive.

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

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

b. Typically respond to situations with apathy, showing a lack of any interest.

c. Have difficulty in establishing relationships and set up others for rejection.

d. Display cultural and social conflicts.

e. Frequent night bed-wetters or occasionally defecate in bed clothes or both.

f. Display over-activity and over-excitedness, necessitating close supervision.

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:

a. Infantile personalities.

b. Wet or defecate in clothing during daytime hours several times a week.

c. Severe hyperactivity to the point of frequent destructiveness or sleeplessness.

d. Chronically withdrawn, depressed or anxious.

e. Self-injurious, require constant and intensive supervision and may be involved in behavioral management programs or show bizarre or severely disturbed behavior.

f. Display anorexia nervosa.

(b) Behavioral.

1. “Level A, not applicable” children do not exhibit unusual behavioral characteristics for foster children in their age group.

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

a. Run away infrequently for up to 2 days with the intention of returning.

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.

c. Use sexual acting-out or language as an attention-getting mechanism and occasionally experiment with alcohol, drugs or both.

d. Infrequent conflicts with parents or community authorities, including displays of hostility and occasional petty theft, vandalism or both.

e. Exhibit occasional aggressive behavior such as biting, scratching or throwing objects at another person.

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

a. Run away 4 to 7 times a year for 3 or 4 days at a time and requires encouragement to return.

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.

c. Exhibit sexual activity harmful to themselves and disruptive to their family and community relationships.

d. Occasionally have been involved in non-violent crimes such as burglary, which caused conflict with authority.

e. Exhibit frequent aggressive behavior such as biting, scratching or throwing objects at another person.

f. Exhibit occasional self-abusive behavior such as banging their heads, poking their eyes, kicking themselves or biting themselves.

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:

a. Runs away 8 or more times a year for 5 or more days at a time, returning only on the initiative of others.

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.

c. Exhibit sexual deviancy, including that of a violent nature or nonconsenting involvement of others.

d. Habitually use alcohol, drugs or both.

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.

f. Exhibit aggressive behavior on a daily basis, such as biting, scratching or throwing objects at another person.

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.

1. “Level A, not applicable” children do not exhibit unusual physical or personal characteristics for foster children in their age group.

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:

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.

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.

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:

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.

b. Needs assistance to care for and maintain physical assisting devices.

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

d. Needs tube or gavage feeding.

e. Requires special care to prevent or remedy skin conditions such as decubiti and severe eczema.

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.

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:

a. Non-ambulatory, may have uncontrollable seizures and need appliances for drainage, colostomy, aspiration or suctioning.

b. Even with proper medical attention, vision, speech or hearing functions are impaired and may require foster parent training.

c. Need daily prescribed exercise routines to improve or maintain gross or fine motor skills that require home administration.

d. Require prevention procedures such as daily irrigation.

e. Require extra cleaning and laundry to maintain hygiene and control of the child’s body waste.

f. Orthotics care.

g. Prescribed physical therapies taking 2 to 3 hours a day.

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

DCF 55.10 Review of eligibility for subsidized guardianship payments.

(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:

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

(b) The child has entered the military.

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

(e) The child is deceased.

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

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

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

(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.