DCF 55.125(1)(b)(b) If the child is age 14 years or older, the child has been consulted with regarding the successor guardianship arrangement. DCF 55.125(1)(c)(c) The agency determines that the prospective successor guardian is eligible to be licensed as a foster parent under ch. DCF 56 and the prospective guardian and nonclient residents in the prospective guardian’s home meet the requirements of the background check in s. 48.685, Stats., and s. DCF 55.13. For a background investigation conducted by a tribal child welfare agency, the investigation may be conducted under s. 48.685, Stats., and s. DCF 55.13 or by meeting the background check requirements for foster parent licensing under 42 USC 671 (a) (20). DCF 55.125 NoteNote: The agency is not required to issue a license to the prospective successor guardian.
DCF 55.125(1)(d)(d) The agency determines that placement of the child with the prospective successor guardian is in the best interests of the child. In the case of an Indian child, a county department or the department determines the best interests of the Indian child in accordance with s. 48.01 (2), Stats. DCF 55.125 NoteNote: Upon the death or incapacity of a guardian who did not name a prospective successor guardian in a subsidized guardianship agreement or amended subsidized guardianship agreement that was entered into before the guardian’s death or incapacity, eligibility of a person to become a new subsidized guardian would be determined under s. DCF 55.03. Section DCF 55.03 would also apply to the eligibility determination of a person seeking payments under this chapter if the previous guardianship was terminated for a reason other than death or incapacity of the guardian. DCF 55.125(1)(e)(e) If a county department or the department knows or has reason to know that the child is an Indian child, the county department or department provides notice of the Indian child’s placement in the home of the prospective successor guardian to the Indian child’s parent, Indian custodian, and tribe and determines that the home of the prospective successor guardian complies with the order of placement preference under s. 48.028 (7) (b), Stats., or, if applicable, s. 48.028 (7) (c), Stats., unless the county department or department finds good cause, as described in s. 48.028 (7) (e), Stats., for departing from that order. DCF 55.125(2)(2) Eligibility determination form. An agency that determines a prospective successor guardian’s eligibility shall document the determination on a form prescribed by the department. DCF 55.125 NoteNote: Form DCF-F-5069-E, Subsidized Guardianship Successor Guardian Eligibility Determination, is available on the forms page 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 55.125(3)(3) Subsidized guardianship agreement. The agency shall enter into a written, signed subsidized guardianship agreement with the prospective successor guardian under s. DCF 55.06 if the agency determines that the prospective successor guardian is eligible under sub. (1). The agency shall enter into the subsidized guardianship agreement with the prospective successor guardian before guardianship is established 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 55.125(4)(4) Court. An agency may not provide subsidized guardianship payments to a prospective successor guardian until all of the following occur: DCF 55.125(4)(a)(a) A 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 55.125(4)(b)(b) Any 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., or under a substantially similar tribal law has been dismissed, as provided in s. 48.977 (3r) (b), Stats., or under a substantially similar tribal law or a substantially similar tribal court order and an agreement specified in s. DCF 55.01 (2) or (3). DCF 55.125(5)(5) Monthly payments. An agency shall provide monthly subsidized guardianship payments in an amount determined under s. DCF 55.07 or 55.08 to a guardian appointed 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 55.125 HistoryHistory: EmR1632: emerg. cr., eff. 11-18-16; CR 16-048: cr. Register April 2017 No. 736, eff. 5-1-17; CR 24-007: am. (1) (c), (d), cr. (1) (e), am. (3), (4) (a), (b), (5) Register July 2024 No. 823, eff. 8-1-24. DCF 55.13DCF 55.13 Background check of interim caretaker or prospective successor guardian and nonclient residents. DCF 55.13(1g)(1g) Tribal agency. A background investigation under s. DCF 55.12 (1) (a) or 55.125 (1) (c) that is conducted by a tribal child welfare agency may be conducted under s. 48.685, Stats., and this section or by meeting the background check requirements for foster parent licensing under 42 USC 671 (a) (20). DCF 55.13(1r)(a)(a) Before an agency provides subsidized guardianship payments to an interim caretaker seeking payments under s. DCF 55.12 or determines that a prospective successor guardian is eligible to enter into a subsidized guardianship agreement, the interim caretaker or prospective successor guardian and any nonclient resident in the interim caretaker’s or prospective successor guardian’s home shall do all of the following: DCF 55.13(1r)(a)1.1. Complete and submit to the agency the department’s background information disclosure form and written authorization for the agency to make follow-up contact with the Wisconsin department of justice and any other person or organization to determine if there is any reason under sub. (4) why the interim caretaker is not eligible to receive subsidized guardianship payments under s. DCF 55.12 or the prospective successor guardian is not eligible to enter into a subsidized guardianship agreement. DCF 55.13 NoteNote: 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 55.13(1r)(a)2.2. Provide the agency with information on their places of residence during the 5-year period before the interim caretaker is seeking subsidized guardianship payments under s. DCF 55.12 or the prospective successor guardian is seeking to enter into a subsidized guardianship agreement. DCF 55.13(1r)(b)(b) Before an agency provides subsidized guardianship payments to an interim caretaker seeking payments under s. DCF 55.12 or enters into a subsidized guardianship agreement with a prospective successor guardian, the interim caretaker or prospective successor guardian shall provide the agency or its designated agent with a set of fingerprints sufficiently clear to submit to the Wisconsin department of justice or other law enforcement agency for submission to the national crime information database as provided in s. 48.685 (2) (c) 1., Stats. DCF 55.13(2)(2) Conduct background check. After the agency receives the information under sub. (1r) and before the agency provides subsidized guardianship payments to an interim caretaker or enters into a subsidized guardianship agreement with a prospective successor guardian, the agency shall do all of the following: DCF 55.13(2)(a)(a) The agency shall obtain the information required under s. 48.685 (2) (am), Stats., regarding the interim caretaker or prospective successor guardian and any nonclient resident in the interim caretaker’s or prospective successor guardian’s home. DCF 55.13 NoteNote: Information on how to conduct an initial search of some of the required Wisconsin records is at https://recordcheck.doj.wi.gov. Following the search, the agency will receive a report from the Department of Justice regarding results of the criminal records search and a report from the Department of Health Services regarding results of the search of other integrated databases. Further investigation may be required. DCF 55.13(2)(b)(b) The agency shall submit the fingerprints of the interim caretaker or prospective successor guardian under sub. (1r) (b) to the Wisconsin department of justice or other law enforcement agency for submission to the national crime information database as provided in s. 48.685 (2) (c) 1., Stats. DCF 55.13(2)(c)(c) The agency shall conduct a reverse search of the Wisconsin sex offender registry using the interim caretaker’s or prospective successor guardian’s address. DCF 55.13 NoteNote: A reverse search by address can be done by entering the interim caretaker’s or prospective successor guardian’s address at http://doc.wi.gov/community-resources/offender-registry. The Wisconsin Sex Offender Registry does not contain information on all convicted sex offenders. DCF 55.13 NoteThe information is limited by the effective date of the applicable law and to those offenders who have been arrested and convicted, adjudicated, or committed for a crime specified under the law and who meet registration and publication requirements.