DCF 55.10 Note Note: 42 USC 423 (d) is the definition of “disability” that is used in determining eligibility for Social Security disability insurance. 42 USC 1382c (a) is the definition of “aged, blind, or disabled individual” that is used in determining eligibility for Supplemental Security Income.

DCF 55.10(4)(a)2.d. d. The agency determines that the child’s physical, emotional, or behavioral need warrants the continuation of assistance under s. 48.623, Stats.

DCF 55.10(4)(a)3. 3. All of the following apply regarding the child:

DCF 55.10(4)(a)3.a. a. The child turned 18 years of age on or after August 1, 2014, but is under 21 years of age.

DCF 55.10(4)(a)3.b. b. The child is a full-time student at a secondary school or its vocational or technical equivalent.

DCF 55.10(4)(a)3.c. c. There is an individualized education program under s. 115.787, Stats., or a substantially similar tribal law or policy, a bureau of Indian education-operated school, or a tribally controlled school in effect for the child, and the guardian or interim caretaker submits a copy to the agency.

DCF 55.10(4)(a)3.d. d. The subsidized guardianship agreement for the child became effective after the child attained 16 years of age.

DCF 55.10(4)(am) (am) Subsidized guardianship payments may be reinstated if a guardian or interim caretaker terminated the subsidized guardianship agreement when the child was 18 years of age or over and the child meets the requirements of par. (a) 3.

DCF 55.10(4)(b) (b) To determine whether a guardian and child will continue to be eligible to receive monthly subsidized guardianship payments when the child is 18 years old, the agency may do all of the following:

DCF 55.10(4)(b)1. 1. Six months before the child’s 18th birthday, the agency shall send the guardian a form prescribed by the department that notifies the guardian that subsidized guardianship payments will terminate when the child turns 18 years old unless the guardian provides information regarding potential eligibility for the payments to continue.

DCF 55.10 Note Note: Form DCF-F-CFS2421, Advance Notice of Termination of Subsidized Guardianship at Age 18, 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 55.10(4)(b)2. 2. If the agency has not received the completed form under subd. 1. and any necessary documentation from the guardian by 60 days before the child’s 18th birthday, the agency shall send a second copy of the form to the guardian.

DCF 55.10(4)(b)3. 3. If the agency has not received the completed form under subd. 1. or 2. with any necessary documentation from the guardian by 30 days before the child’s 18th birthday, the payment for the month of the child’s 18th birthday shall be the last payment under the subsidized guardianship agreement.

DCF 55.10(4)(b)4. 4. I f the agency receives the completed form under subd. 1. or 2. and any necessary documentation from the guardian 30 days or more before the child’s 18th birthday, the agency shall determine whether eligibility will continue when the child turns 18 years old and send the notice of decision on a form prescribed by the department within 15 days after receiving the guardian’s completed form and any necessary documentation.

DCF 55.10 Note Note: Form DCF-F-CFS2420, Notice of Decision on Subsidized Guardianship Eligibility Status After 18, is available in the forms section of the department’s website, https://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

DCF 55.10 Note Section 48.57 (3), Stats., authorizes counties to provide funding for the maintenance of a child who is 18 years of age or older.

DCF 55.10(5) (5) Determination. Following a review of eligibility of a guardian and child for monthly subsidized guardianship payments under this section, an agency shall do one of the following:

DCF 55.10(5)(a) (a) Continue the payments.

DCF 55.10(5)(b) (b) Make the last payment the month that the child turns 18 years old, except as provided in sub. (4).

DCF 55.10(5)(bm) (bm) Send a notice to the guardian on a form prescribed by the department at least 30 days before the effective date of any of the following:

DCF 55.10(5)(bm)1. 1. Suspend payments for any of the following reasons:

DCF 55.10(5)(bm)1.a. a. The agency did not receive the completed annual review questionnaire from the guardian under sub. (3) on or before the annual review date under sub. (2) (a). If the agency receives the completed annual review questionnaire from the guardian after the review date and none of the changes affecting eligibility under sub. (1) have occurred, the agency shall reinstate payments effective the date that the agency receives the completed questionnaire.

DCF 55.10(5)(bm)1.b. b. The child is temporarily placed outside the guardian’s home at public expense.

DCF 55.10(5)(bm)1.c. c. The child is temporarily not being supported by the guardian.

DCF 55.10(5)(bm)2. 2. Terminate payments and other provisions in the subsidized guardianship agreement based on any of the following:

DCF 55.10(5)(bm)2.a. a. A change of circumstances under sub. (1) (a) to (h) or (j) has occurred.

DCF 55.10(5)(bm)2.b. b. The guardian requests in writing that the subsidized guardianship agreement be terminated.

DCF 55.10 Note Note: Form DCF-F-CFS 2737, Notification of Subsidized Guardianship Suspension or Termination, 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 55.10 History History: CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; EmR1414: emerg. am. (4) (a) (intro.), 1., 2. a., cr. (4) (a) 3., (am), eff. 8-1-14; CR 14-054: am. (4) (a) (intro.), 1., 2. a., cr. (4) (a) 3., (am) Register April 2015 No. 712, eff. 5-1-15; EmR1632: emerg. cr. (1) (j), r. and recr. (2) (b), am. (c), cr. (5) (bm) (intro.), renum. (5) (c) to (5) (bm) 1., renum. (5) (d) to (5) (bm) 2. and am. 2. b., eff. 11-18-16; CR 16-048: cr. (1) (j), r. and recr. (2) (b), am. (c), cr. (5) (bm) (intro.), renum. (5) (c) to (5) (bm) 1., renum. (5) (d) to (5) (bm) 2. and am. 2. b. Register April 2017 No. 736, eff. 5-1-17; CR 24-007: am. (3) (b), (4) (a) 3. c. Register July 2024 No. 823, eff. 8-1-24.