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.

DCF 55.11 DCF 55.11 Appeals.

DCF 55.11(1) (1) 

DCF 55.11(1)(a) (a) A person may petition the division of hearings and appeals under sub. (2) for a review of any of the following agency actions or failures to act:

DCF 55.11(1)(a)1. 1. The agency did not act promptly on a person’s request for a determination of eligibility for subsidized guardianship payments under s. DCF 55.05 (3).

DCF 55.11(1)(a)2. 2. The agency denied a person’s request for a determination of eligibility for subsidized guardianship payments under s. DCF 55.05 (3) on the grounds that a condition specified in s. DCF 55.03 has not been met.

DCF 55.11(1)(a)3. 3. Regarding an amendment under s. DCF 55.08, the agency did any of the following:

DCF 55.11(1)(a)3.a. a. Denied a guardian’s request for an amendment under s. DCF 55.08 (4) (f) or (5) (f) 1. c. and (g).

DCF 55.11(1)(a)3.b. b. Approved a guardian’s request for an amendment at an amount that is less than the amount that the guardian considers appropriate under s. DCF 55.08 (4) (f) or (5) (f) 1. b.

DCF 55.11(1)(b) (b) Review of an agency action or failure to act is unavailable if the action or failure to act arose more than 45 days before the guardian submits the petition for review to the division of hearings and appeals.

DCF 55.11(2) (2) 

DCF 55.11(2)(a) (a) Upon receipt of a timely petition as described in sub. (1) (b), the division of hearings and appeals shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing.

DCF 55.11(2)(b) (b) The division of hearings and appeals may make such additional investigation as it considers necessary.

DCF 55.11(2)(c) (c) The division of hearings and appeals shall provide the applicant or recipient and the agency whose action or failure to act is the subject of the petition with a notice of hearing. That agency may be represented at the hearing.

DCF 55.11(2)(d) (d) The division of hearings and appeals shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the agency whose action or failure to act is the subject of the petition.

DCF 55.11(2)(e) (e) The decision of the division of hearings and appeals shall have the same effect as an order of the agency whose action or failure to act is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require, as provided under s. HA 3.10 (1).

DCF 55.11(2)(f) (f) The division of hearings and appeals shall deny a petition for review or shall refuse to grant relief if any of the following applies:

DCF 55.11(2)(f)1. 1. The petitioner withdraws the petition in writing.

DCF 55.11(2)(f)2. 2. The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in state law.

DCF 55.11(2)(f)3. 3. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the division of hearings and appeals.

DCF 55.11(3) (3) 

DCF 55.11(3)(a) (a)

DCF 55.11(3)(a)1. 1. If a recipient requests a hearing within 10 days after the date of the notice that the recipient’s subsidized guardianship payments are being decreased or discontinued, those payments may not be decreased or discontinued until a decision is rendered after the hearing.