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.

DCF 55.11(3)(a)2. 2. Payments made pending the hearing decision under subd. 1. may be recovered by the agency if the contested action or failure to act is upheld or the recipient withdraws or abandons the petition.

DCF 55.11(3)(b) (b) The division of hearings and appeals shall promptly notify the agency whose action is the subject of the hearing that the recipient has requested a hearing.

DCF 55.11(3)(c) (c) Payments shall be decreased or discontinued if the recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient’s behalf.

DCF 55.11 History History: CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; CR 21-107: am. (3) (a) 1. Register June 2022 No. 798, eff. 7-1-22.

DCF 55.12 DCF 55.12 Interim caretaker.

DCF 55.12(1) (1) Eligibility. Upon the death or incapacity of a guardian or upon the termination of a guardianship under s. 48.977 (7), 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), the agency that has been providing subsidized guardianship payments to the guardian shall provide the subsidized guardianship payments to the interim caretaker if all of the following conditions are met:

DCF 55.12(1)(a) (a) Pursuant to s. 48.685, Stats., and s. DCF 55.13, the agency conducts a background investigation of the interim caretaker and any nonclient resident in the interim caretaker’s home and determines that those individuals meet the requirements 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 55.12(1)(b) (b) The agency inspects the home of the interim caretaker, interviews the interim caretaker, and determines that placement of the child with the interim caretaker 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 55.12(1)(c) (c) The interim caretaker cooperates with the agency in finding a permanent placement for the child by either seeking to become the child’s guardian or adoptive parent or assisting in finding other permanent resources for the child.

DCF 55.12(1)(d) (d) 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 interim caretaker to the Indian child’s parent, Indian custodian, and tribe and determines that the home of the interim caretaker 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 55.12(2) (2) Time-limited. The agency shall provide the subsidized guardianship payments to an interim caretaker who is eligible under sub. (1) until the interim caretaker is licensed as a foster parent under ch. DCF 56, except the agency may not provide subsidized guardianship payments to an interim caretaker for more than 12 months.

DCF 55.12(3) (3) Payment amount. The amount of the subsidized guardianship payments to the interim caretaker shall be the most recent amount that the agency had agreed to pay the guardian under s. DCF 55.07 (2) or 55.08.

DCF 55.12(4) (4) Overpayments. An agency may recover any overpayment made to a current or former interim caretaker by any legal means as determined by the agency. An overpayment to an interim caretaker who continues to receive subsidized guardianship payments may be recovered by reducing the amount of the person’s monthly payment.

DCF 55.12 History History: CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; CR 21-107: am. (2) Register June 2022 No. 798, eff. 7-1-22; CR 24-007: am. (1) (intro.), (a), (b), (d) Register July 2024 No. 823, eff. 8-1-24.

DCF 55.125 DCF 55.125 Successor guardian.

DCF 55.125(1) (1) Eligibility. Upon the death or incapacity of a guardian who was receiving subsidized guardianship payments under s. 48.623, Stats., and this chapter, the agency shall determine the eligibility of a person named as a prospective successor guardian in a subsidized guardianship agreement or amended subsidized guardianship agreement that was entered into before the death or incapacity of the guardian. A prospective successor guardian is eligible to enter into a new subsidized guardianship agreement with the agency if the agency determines all of the following apply:

DCF 55.125(1)(a) (a) The prospective successor guardian demonstrates a strong commitment to caring permanently for the child.

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 Note Note: 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 Note Note: 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.