DCF 55.08(4)(a) (a) No later than 45 days following receipt of a guardian’s request, make a decision on the request from the information submitted by the guardian under sub. (3) (a) and (b) or determine that additional information is needed to make a decision. If the agency determines that additional information is needed, the agency may do any of the following:

DCF 55.08(4)(a)1. 1. Obtain technical assistance from a specialist.

DCF 55.08(4)(a)2. 2. Request that the guardian have the child evaluated by a specialist of the agency’s choice and at the agency’s expense.

DCF 55.08(4)(a)3. 3. Request more information about the child’s current functioning from the guardian.

DCF 55.08(4)(b) (b) If the agency requests more information under par. (a), make a decision on the guardian’s request no later than 30 days following receipt of the additional information.

DCF 55.08(4)(c) (c) Determine whether any of the following apply to the guardian:

DCF 55.08(4)(c)1. 1. A final substantiated finding has been made that the guardian abused or neglected a child.

DCF 55.08(4)(c)2. 2. A finding that is comparable to a final substantiated finding has been made in any other jurisdiction where the guardian has resided.

DCF 55.08(4)(d) (d) If the agency determines that there has been a substantial change in circumstances that establishes that the child has an increase in needs in one or more categories of the supplemental payment schedule and there is no substantiated report of abuse or neglect of the child by the guardian, offer to increase the amount of the subsidized guardianship payment.

DCF 55.08(4)(e) (e) Determine the new monthly subsidized guardianship payment amount based on all of the following:

DCF 55.08(4)(e)1. 1. The foster care basic maintenance and exceptional payment amounts that were included in the initial subsidized guardianship agreement.

DCF 55.08 Note Note: The basic maintenance payment was the amount provided under s. 48.62 (4), Stats., when the subsidized guardianship agreement was signed. The exceptional payment amount was determined under s. DCF 56.23 (3) for a subsidized guardianship agreement entered into on or after July 1, 2011, and the version of s. DCF 56.11 (4) that was repealed in 2011 for a subsidized guardianship agreement entered into before July 1, 2011.

DCF 55.08(4)(e)2. 2. An adjusted supplemental payment calculated under one of the following:

DCF 55.08(4)(e)2.a. a. For a subsidized guardianship agreement entered into before July 1, 2011, under s. 48.62 (5), 2009 Stats., the rate determined under s. DCF 55.09.

DCF 55.08(4)(e)2.b. b. For a subsidized guardianship agreement entered into on or after July 1, 2011, under s. 48.623, Stats., the rate 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(4)(e)3. 3. If the level of points in an established supplemental payment category in s. DCF 55.09 or 56.23 (2) (a) 1. a. to e. is at the highest number of points in an intensive level of need category, no increase in payment may be offered in that category.

DCF 55.08(4)(f) (f) Provide the guardian with written notice of the agency decision on the guardian’s request by the deadline in par. (a) or (b). The notice shall be on a form prescribed by the department and shall include information on the guardian’s right to appeal the agency decision under s. DCF 55.11. A guardian may appeal the agency’s denial of a request for an increase of the monthly subsidized guardianship payment amount or the amount that the agency offers to increase the payment amount.

DCF 55.08 Note Note: Form DCF-F-2756-E, Notice of Approval for Amendment for Subsidized Guardianship, and form DCF-F-2765-E, Notice of Denial for Amendment for Subsidized Guardianship, are 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 55.08(4)(g) (g) If an agency offers to increase the monthly subsidized guardianship payment amount and the guardian accepts the amount that the agency offers, the agency and the guardian shall sign an amendment to the subsidized guardianship agreement that specifies the new monthly payment amount and the time period that the amendment will be effective. An amendment to a subsidized guardianship agreement may not be effective for more than one year. The amendment shall be on a form prescribed by the department.

DCF 55.08 Note Note: Form DCF-F-2756-E, Notice of Approval for Amendment for Subsidized Guardianship and Amended 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 55.08(4)(h) (h) An amendment to a subsidized guardianship agreement shall be effective as follows:

DCF 55.08(4)(h)1. 1. The first amendment to a subsidized guardianship agreement is effective the first day of the month following the date that the agency receives the amendment signed by the guardian and the agency.

DCF 55.08(4)(h)2. 2. An amendment after the first amendment is effective the first day of the month following the date that both of the following have occurred:

DCF 55.08(4)(h)2.a. a. The date that the agency receives the amendment signed by the guardian and the agency.

DCF 55.08(4)(h)2.b. b. The date that a previous amendment has expired.

DCF 55.08(5) (5) Review of amendment.

DCF 55.08(5)(a) (a) At least 120 days before the expiration of an amendment to a subsidized guardianship agreement, the agency shall send written notice to the guardian on a form prescribed by the department. The notice shall include the expiration date of the amendment and information on requesting continuation of the payment amount in the amendment.

DCF 55.08 Note Note: The agency determines which form to send based on the type of documentation that the guardian must submit under par. (c). See the notes in par. (c) for information on the required notices. In years that complete documentation is required under par. (c) 2., the agency sends to the guardian at least 2 sets of applicable forms for the guardian and appropriate professionals to complete.

DCF 55.08(5)(b) (b)