Chapter DCF 55

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.

DCF 55.03(1)(c) (c) An 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., has been dismissed as provided in s. 48.977 (3r) (a), Stats., or a substantially similar proceeding under tribal law has been dismissed.

DCF 55.03(1)(d) (d) If a county department or the department knows or has reason to know that the child is an Indian child, the Indian child’s parent, Indian custodian, and tribe have been provided with notice of the child’s placement in the home of the guardian under s. 48.977 (4) (c) 2m., Stats., and the court has found under s. 48.977 (4) (g) 4., Stats., that the home of the guardian is in compliance with the order of placement preference under s. 48.028 (7) (b), Stats., or, if applicable, s. 48.028 (7) (c), Stats., unless the court found good cause, as described in s. 48.028 (7) (e), Stats., for departing from that order.

DCF 55.03(2) (2) Siblings. An agency shall also provide subsidized guardianship payments for the care of a sibling of a child who meets the conditions under sub. (1) (a), regardless of whether the sibling meets these conditions if the agency and the guardian agree on the appropriateness of placing the sibling in the home of the guardian.

DCF 55.03 History History: CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; CR 16-014: am. (1) (b) 3. Register June 2016 No. 726, eff. 7-1-16; EmR1632: emerg. am. (1) (c), eff. 11-18-16; CR 16-048: am. (1) (c) Register April 2017 No. 736, eff. 5-1-17: CR 21-107: am. (1) (a) 1. (intro.), b., 3. Register June 2022 No. 798, eff. 7-1-22; correction in (1) (b) 3. made under s. 35.17, Stats., Register June 2022 No. 798; CR 24-007: am. (1) (intro.), (a) 1. a., b., (b) 1., 3., (c), (d) Register July 2024 No. 823, eff. 8-1-24.

DCF 55.04 DCF 55.04 Procedure to inform prospective guardians.

DCF 55.04(1) (1) An agency shall explain to each foster parent who is a relative of or fictive kin to a foster child for whom the foster parent is providing care and maintenance the foster parent’s eligibility for services and the expectations involved with the following permanency options for the child:

DCF 55.04(1)(a) (a) Adoption with adoption assistance under s. 48.975, Stats., and ch. DCF 50.

DCF 55.04(1)(b) (b) Guardianship under s. 48.977, Stats., or under a tribal court order that is substantially similar to an order under s. 48.977, Stats., with subsidized guardianship payments under s. 48.623, Stats., and this chapter.

DCF 55.04(1)(c) (c) Guardianship under s. 48.977, Stats., or under a tribal court order that is substantially similar to an order under s. 48.977, Stats., with long-term kinship care payments under s. 48.57 (3n), Stats., and ch. DCF 58.

DCF 55.04(1)(d) (d) Guardianship under s. 48.9795, Stats., or under a tribal private guardianship order.

DCF 55.04(2) (2) A county department or the department shall use a form prescribed by the department to explain the permanency options under sub. (1), and the relative or fictive kin foster parent shall sign the form acknowledging that the options have been explained to the foster parent following the explanation. The county department or department shall retain a signed copy of the form and attach the signed form to the subsidized guardianship agreement under s. DCF 55.06 if the relative or fictive kin foster parent decides to pursue subsidized guardianship for the child.

DCF 55.04 Note Note: Form DCF-F-CFS2797, Permanency Options in Brief, 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 55.04 History History: CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; correction in (1) (d) made under s. 13.92 (4) (b) 7., Stats., Register September 2020 No. 777; CR 21-107: am. (1) (intro.), (2) Register June 2022 No. 798, eff. 7-1-22; CR 24-007: am. (1) (intro.), (b) to (d), (2) Register July 2024 No. 823, eff. 8-1-24.

DCF 55.05 DCF 55.05 Eligibility determination and documentation.

DCF 55.05(1) (1) For a child whose permanency goal will include placement with a guardian and the receipt of subsidized guardianship payments, an agency shall provide a description of all of the following on a form prescribed by the department:

DCF 55.05(1)(a) (a) The efforts that the agency has made to return the child to the child’s home and the reasons the agency has determined that return to the home is not in the child’s best interests.

DCF 55.05(1)(b) (b) The steps the agency has taken to determine that adoption is not in the child’s best interests and the reasons why adoption is not being pursued, including the efforts the agency has made to discuss adoption by the prospective guardian as a more permanent alternative to guardianship and documentation of the reasons the prospective guardian has chosen not to pursue adoption.

DCF 55.05(1)(c) (c) Reasons a permanent placement with a subsidized guardianship arrangement is in the child’s best interests, including the ability of the prospective guardian to manage the child’s relationship with the child’s parents.

DCF 55.05(1)(d) (d) If the child is an Indian child, a county department or the department includes a description of how the guardianship meets the requirements for placement preferences under s. 48.028 (7) (b), Stats., or if applicable, s. 48.028 (7) (c), Stats., unless good cause is determined under s. 48.028 (7) (e), Stats.

DCF 55.05(1)(e) (e) The ways in which the eligibility requirements for subsidized guardianship payments under s. DCF 55.03 are met.

DCF 55.05(1)(f) (f) Reasons for any separation of siblings during the placement with the guardian.

DCF 55.05(1)(g) (g) The efforts made by the agency to discuss the subsidized guardianship arrangement with the child’s parents or reasons why efforts were not made.

DCF 55.05 Note Note: Form DCF-F-2691, Subsidized Guardianship Eligibility Determination and Permanency Plan Addendum, 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 55.05(2) (2) A county department or the department shall enter the completed form under sub. (1) in the child’s permanency plan and submit the form to the court with the court report under s. 48.977 (4) (e), Stats. A tribal child welfare agency shall submit the completed form under sub. (1) and the court report to the court that will be issuing the guardianship order.

DCF 55.05(3) (3) If a person submits to the agency a written request for a determination of eligibility for subsidized guardianship payments, the agency shall provide a written determination of eligibility to the person no later than 30 days after receiving the request. The determination shall include a notice of the person’s right to appeal the agency determination under s. DCF 55.11.

DCF 55.05 History History: CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; CR 21-107: am. (1) (a), (c) Register June 2022 No. 798, eff. 7-1-22; CR 24-007: am. (title), (1) (intro.), (d), (2) Register July 2024 No. 823, eff. 8-1-24.

DCF 55.06 DCF 55.06 Subsidized guardianship agreement.