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: