DCF 55.02(6)(6)“Interim caretaker” means a person seeking or receiving payments under s. 48.623 (6) (am), Stats.
DCF 55.02(8)(8)“Nonclient resident” has the same meaning as in s. DCF 12.02 (18).
DCF 55.02(9)(9)“Out-of-home care” for the purpose of sub. (5g) means physical custody of a child or juvenile under any of the following paragraphs:
DCF 55.02(9)(a)(a) Sections 48.205 (1), 48.207, 48.208, 48.209, 48.21, 48.32, 48.345, 48.357, 48.363, or 48.365, Stats., or a substantially similar tribal law.
DCF 55.02(9)(b)(b) Sections 938.205 (1), 938.207, 938.208, 938.209, 938.21, 938.32, 938.345, 938.357, 938.363, or 938.365, Stats., or a substantially similar tribal law.
DCF 55.02(9)(c)(c) A voluntary placement agreement under s. 48.63 (1), Stats., or a substantially similar tribal law.
DCF 55.02(10)(10)“Permanency plan” has the same meaning as in ss. 48.38 (1) (b) and 938.38 (1) (b), Stats.
DCF 55.02 NoteNote: Sections 48.38 (1) and 938.38 (1) (b) provide that “permanency plan” means “a plan designed to ensure that a child is reunified with the child’s family whenever appropriate, or that the child quickly attains a placement or home providing long-term stability.”
DCF 55.02(11)(11)“Relative” has the same meaning as in s. 48.02 (15), Stats.
DCF 55.02(12)(12)“Subsidized guardianship payment” means a payment pursuant to an agreement between an agency and a guardian entered into under s. 48.623, Stats., or s. 48.62 (5), 2009 Stats.
DCF 55.02(13)(13)“Supplemental payment” means the portion of a subsidized guardianship payment that is based on a child’s identified needs.
DCF 55.02(14)(14) “Tribe” means an Indian tribe located in Wisconsin.
DCF 55.02(15)(15) “Tribal private guardianship order” means a guardianship order of a tribal court that is granted under a tribal law that is substantially similar to s. 48.9795, Stats.
DCF 55.02 HistoryHistory: CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; CR 16-014: cr. (5m), am. (8) Register June 2016 No. 726, eff. 7-1-16; EmR1632: emerg. am. (3), (6), renum. (7) to (7) (intro.), (a) and am., cr. (7) (b), r. and recr. (11), eff. 11-18-16; CR 16-048: am. (3), (6), renum. (7) to (7) (intro.), (a) and am., cr. (7) (b), r. and recr. (11) Register April 2017 No. 736, eff. 5-1-17; CR 21-107: am. (2), (5m) (b) Register June 2022 No. 798, eff. 7-1-22; CR 24-007: renum. (1) to (1r) and am., cr. (1g), (3m), (5s), renum. (7) to (5g) and, as renumbered, am. (5g) (intro.), am. (9) (a) to (c), cr. (14), (15) Register July 2024 No. 823, eff. 8-1-24; correction in (9) made under s. 13.92 (4) (b) 7., Stats., Register July 2024 No. 823.
DCF 55.03DCF 55.03Eligibility.
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.