Chapter DCF 55

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.

DCF 55.06(1) (1) An agency shall enter into a written, signed subsidized guardianship agreement with a prospective guardian before guardianship is established under s. 48.977, 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), and before providing subsidized guardianship payments to the guardian. The agency shall provide the prospective guardian with a copy of the signed agreement.

DCF 55.06(2) (2) The subsidized guardianship agreement shall be on a form prescribed by the department and specify all of the following:

DCF 55.06(2)(a) (a) The amount of the monthly subsidized guardianship payments that will be provided under the agreement.

DCF 55.06(2)(b) (b) The manner in which subsidized guardianship payments may be adjusted periodically based on the circumstances of the guardian and needs of the child, in consultation with the guardian.

DCF 55.06(2)(c) (c) A description of any additional services and assistance that the child or guardian will be eligible for under the agreement and the procedures by which the guardian may apply for the additional services and assistance as needed.

DCF 55.06(2)(d) (d) That the agency will pay or reimburse the total cost of nonrecurring expenses directly related to obtaining guardianship of the child, not to exceed $2,000, including court costs, attorney fees, and other reasonable and necessary expenses.

DCF 55.06(2)(e) (e) That the agreement will remain in effect without regard to the state of residence of the guardian.

DCF 55.06(2)(f) (f) That medical assistance provided under Title XIX of the Social Security Act of 1935, as amended, is available to the child as follows:

DCF 55.06(2)(f)1. 1. Medical assistance will be provided in accordance with the procedures of the state in which the child resides, except if a child receiving subsidized guardianship payments from an agency in Wisconsin is not eligible for medical assistance in the child’s state of residence, the child is eligible for Wisconsin’s medical assistance program under ss. 49.43 to 49.497, Stats.

DCF 55.06(2)(f)2. 2. Medical assistance may not be used as primary insurance coverage for care of a child that is covered by a guardian’s private health insurance.

DCF 55.06(2)(g) (g) The agency’s responsibility to release medical, educational, and other historical information the agency has about the child to the prospective guardian, in accordance with applicable law.

DCF 55.06(2)(h) (h) That if any of the following occur, the guardian shall notify the agency within 10 calendar days of the effective date:

DCF 55.06(2)(h)1. 1. The guardian’s address changes.

DCF 55.06(2)(h)2. 2. There is a change in the child’s guardian.

DCF 55.06(2)(h)3. 3. The child enters the military.

DCF 55.06(2)(h)4. 4. The child gets married.

DCF 55.06(2)(h)5. 5. The child is no longer living in the home of the guardian.

DCF 55.06(2)(h)6. 6. The child is deceased.

DCF 55.06(2)(h)7. 7. The child completes high school or an equivalent educational program after reaching 18 years of age.

DCF 55.06(2)(h)8. 8. If the child is covered by the guardian’s health insurance and the guardian’s health insurance benefits change or if the child was not covered by the guardian’s health insurance and becomes covered.

DCF 55.06(2)(h)9. 9. The guardian is no longer supporting the child or is no longer legally responsible for supporting the child.

DCF 55.06(2)(h)10. 10. The child is placed outside the guardian’s home at public expense.

DCF 55.06(2)(h)11. 11. The child’s parent is residing with the guardian.

DCF 55.06(2)(i) (i) The guardian’s responsibility to complete and return to the agency the annual review questionnaire under s. DCF 55.10 (3) in a timely manner to allow the agency to determine whether the child and guardian remain eligible for subsidized guardianship payments.

DCF 55.06(2)(j) (j) A description of the terms upon which the subsidized guardianship agreement may terminate under s. DCF 55.10 (5) (bm) 2.

DCF 55.06(2)(k) (k) That an agency may recover any overpayment of subsidized guardianship payments from a current or former guardian by any legal means as determined by the agency. An overpayment to a guardian who continues to receive subsidized guardianship payments may be recovered by reducing the amount of the person’s monthly payment.

DCF 55.06(2)(L) (L) That the guardian may be eligible for adoption assistance under s. 48.975, Stats., and 42 USC 673 for care of the child if the guardian later decides to adopt the child. In determining eligibility for adoption assistance, the placement of the child in the home of the guardian and any subsidized guardianship payments will be considered to have never been made.

DCF 55.06(2)(m) (m) That the guardian may name a prospective successor guardian of the child to assume the duty and authority of guardianship upon the death or incapacity of the guardian. The prospective successor guardian would be eligible for monthly subsidized guardianship payments only if the conditions specified in s. 48.623 (6) (bm), Stats., and s. DCF 55.125 are met and the 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 55.06(3) (3) An agency shall use a form prescribed by the department to amend a subsidized guardianship agreement with a guardian to include a prospective successor guardian.

DCF 55.06 Note Note: Form DCF-F-CFS2365, Subsidized Guardianship Agreement, 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 55.06 Note Note: Form DCF-F-5038-E, Amended Subsidized Guardianship Agreement to Include Successor Guardian, 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 55.06 History History: CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; EmR1632: emerg. cr. (2) (h) 11., (m), (3), eff. 11-18-16; CR 16-048: cr. (2) (h) 11., (m), (3) Register April 2017 No. 736, eff. 5-1-17; correction in (2) (j) made under s. 13.92 (4) (b) 7., Stats., Register April 2017 No. 73; CR 24-007: am. (1), (2) (f) 2., (m) Register July 2024 No. 823, eff. 8-1-24.

DCF 55.07 DCF 55.07 Amount of monthly payment.

DCF 55.07(1) (1) Amount in agreement. The amount of a subsidized guardianship payment shall be the amount in the initial subsidized guardianship agreement under s. DCF 55.06 or as adjusted by an amendment to the subsidized guardianship agreement signed by both the guardian and the agency under s. DCF 55.08.

DCF 55.07(2) (2) Initial amount.

DCF 55.07(2)(a) (a)

DCF 55.07(2)(a)1. 1. The monthly subsidized guardianship payment amount in an initial subsidized guardianship agreement entered into on or after July 1, 2011, shall equal the amount of the monthly foster care payment received by the prospective guardian for the care of the child under s. DCF 56.23 in the month immediately preceding the month in which the guardianship is ordered.

DCF 55.07(2)(a)2. 2. Notwithstanding subd. 1., the monthly subsidized guardianship payment amount may be less than the amount under subd. 1. if agreed to by the prospective guardian and specified in the subsidized guardianship agreement under s. DCF 55.06.

DCF 55.07(2)(b) (b) The supplemental payment amount based on the child’s identified needs and included in the initial subsidized guardianship agreement shall be determined under s. DCF 56.23 (2) (a) if the child has needs that have been identified as moderate or intensive in the areas listed in s. DCF 56.23 (2) (a) 1. a. to e.

DCF 55.07 Note Note: Under s. 48.62 (4), Stats., and s. DCF 56.23 (1) (c), no supplemental payment may be paid to a foster parent who operates a Level 1 foster home.

DCF 55.07(3) (3) Adjustment of monthly payment.

DCF 55.07(3)(a) (a) The amount of a monthly payment to a guardian may be adjusted periodically based on the circumstances of the guardian and the needs of the child under s. DCF 55.08, in consultation with the guardian.

DCF 55.07(3)(b) (b) Notwithstanding par. (a), the amount of a monthly subsidized guardianship payment to a guardian may not be adjusted under s. DCF 55.08 if the prospective guardian’s foster home was certified at Level 1 under s. DCF 56.13 (3) on the date that the prospective guardian signed the subsidized guardianship agreement under s. DCF 55.06.

DCF 55.07 Note Note: The adjustment of a monthly payment is an adjustment to the supplemental payment, which a guardian is not eligible to receive if the guardian’s foster home was certified at Level 1.

DCF 55.07 History History: CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13.

DCF 55.08 DCF 55.08 Amendment to adjust payment amount.

DCF 55.08(1) (1) Substantial change in circumstances. In this section, “substantial change in circumstances” means that a documented change has occurred regarding the child in one or more areas of identified needs, including physical, behavioral, or emotional needs, that would result in a change in a supplemental payment determined under one of the following:

DCF 55.08(1)(a) (a) For a subsidized guardianship agreement entered into before July 1, 2011, under s. 48.62 (5), 2009 Stats., the amount determined under s. DCF 55.09.

DCF 55.08(1)(b) (b) For a subsidized guardianship agreement entered into on or after July 1, 2011, under s. 48.623, Stats., the amount determined under s. DCF 56.23 (2) (a) if the child has needs that have been identified as moderate or intensive in the areas listed in s. DCF 56.23 (2) (a) 1. a. to e.

DCF 55.08 Note Note: Under s. DCF 55.07 (3) (b), a guardian who was a foster parent who operated a Level 1 foster home on the date that the subsidized guardianship agreement was signed is not eligible for an amendment to adjust the subsidized guardianship payment amount.

DCF 55.08(2) (2) Timing of request. A guardian who is receiving monthly subsidized guardianship payments pursuant to an initial or amended subsidized guardianship agreement may request that the agreement be amended to increase the amount of those payments if the guardian believes that there has been a substantial change in circumstances and the timing of the request is any of the following:

DCF 55.08(2)(a) (a) Not less than 12 months after any of the following occurred:

DCF 55.08(2)(a)1. 1. The guardianship was established under s. 48.977, 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 55.08(2)(a)2. 2. A previous request for an amendment to the subsidized guardianship agreement was denied.

DCF 55.08(2)(b) (b) Within 120 days before the expiration date of an amendment to the subsidized guardianship agreement.

DCF 55.08(3) (3) Guardian request. To request an amendment to the subsidized guardianship agreement, the guardian shall do all of the following:

DCF 55.08(3)(a) (a) Complete and return the request for subsidized guardianship amendment form prescribed by the department to document the guardian’s observations of the child’s physical, behavioral, and emotional needs.

DCF 55.08 Note Note: When a guardian contacts the agency about a possible amendment, the agency sends the guardian at least 2 sets of the applicable forms. The forms are 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.