Scope Statements
Children and Families
This statement of scope was approved by the governor on October 13, 2011.
Objective and Policy Analysis
Creates Chapter
DCF 55, relating to subsidized guardianship.
Policy Analysis
The proposed rule will implement s.
48.623, Stats., as created by
2011 Wisconsin Act 32, relating to the subsidized guardianship program. The proposed rule will include the following topics:
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Eligibility of a child, the child's siblings, and the prospective guardian.
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The procedure to be used by agency caseworkers to inform relatives who may be eligible about the program.
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Determination of the appropriateness of subsidized guardianship for the child.
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Requirements for the subsidized guardianship agreement.
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Payment determination and payment adjustments.
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Payment continuation when a guardian is unable or unavailable to care.
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Overpayment collection.
Statutory Authority
Section
48.623 (3) (d), Stats., as created by
2011 Wisconsin Act 32, provides that the department or a county department may recover an overpayment made from a guardian or interim caretaker who continues to receive those payments by reducing the amount of the person's monthly payment. The department may by rule specify other methods for recovering those overpayments. A county department that recovers an overpayment under this paragraph due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule.
Section
48.623 (7), Stats., as created by
2011 Wisconsin Act 32, provides that the department shall promulgate rules to implement s.
48.623, Stats. Those rules shall include all of the following:
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A rule defining the substantial change in circumstances under which a person receiving monthly subsidized guardianship payments may request that an agreement be amended to increase the amount of those payments.
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Rules establishing requirements for submitting a request and criteria for determining the amount of the increase in monthly subsidized guardianship payments that a county department or the department shall offer if there has been a substantial change in circumstances and if there has been no substantiated report of abuse or neglect of the child by the person receiving those payments.
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Rules establishing the criteria for determining the amount of the decrease in monthly subsidized guardianship payments that the department shall offer if a substantial change in circumstances no longer exists. The criteria shall provide that the amount of the decrease offered by the department may not result in a monthly subsidized guardianship payment that is less than the initial monthly subsidized guardianship payment provided for the child.
Section
227.11 (2) (a) (intro.), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Entities That May Be Affected By the Rule
Children in out-of-home care, relatives of children in out-of-home care, and county departments of social or human services.
Summary of Applicable Federal Law
The Fostering Connections to Success and Increasing Adoptions Act of 2008 creates an option for states to operate a guardianship assistance program and receive federal reimbursement for a percentage of the expenditures under Title IV-E of the Social Security Act. Once a state adopts the option in the state plan, assistance must be provided to any child who is eligible.
42 USC 671 (a) (28) provides that an agency may enter into kinship guardianship assistance agreements to provide kinship guardianship assistance payments on behalf of children to grandparents and other relatives who have assumed legal guardianship of the children for whom they have cared as foster parents and for whom they have committed to care on a permanent basis.
42 USC 673 (d) provides that a child is eligible for kinship guardianship assistance payments if all of the following apply:
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The child was removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination that continuation in the home would be contrary to the welfare of the child.
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The child was eligible for foster care maintenance payments while residing for at least 6 consecutive months in the home of the prospective relative guardian.
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Being returned home or adopted are not appropriate permanency options for the child.
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The child demonstrates a strong attachment to the prospective relative guardian and the relative guardian has a strong commitment to caring permanently for the child.
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With respect to a child who has attained 14 years of age, the child has been consulted regarding the kinship guardianship arrangement.
An agency may provide kinship guardianship assistance payments for a sibling of a child determined eligible, regardless of whether the sibling meets the eligibility requirements, if the agency and the relative agree on the appropriateness of placing the sibling in the home of the relative.
If subsidized guardianship payments are provided, an agency is required to enter into a written, binding kinship guardianship assistance agreement with the prospective relative guardian that provides the following:
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The amount of each kinship guardianship assistance payment and the manner in which the payment may be adjusted periodically based on the circumstances of the relative guardian and the needs of the child, in consultation with the guardian. A kinship guardianship assistance payment on behalf of a child cannot exceed the foster care maintenance payment that would have been paid on behalf of the child if the child had remained in a foster home.
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Any additional services and assistance that the child and relative guardian will be eligible for under the agreement and the procedure by which the relative guardian may apply for additional services as needed.
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That the agency will pay nonrecurring expenses associated with obtaining legal guardianship of the child up to $2,000.
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That the agreement shall remain in effect without regard to the state residency of the relative guardian.
42 USC 671 (a) (20) requires a state to provide procedures for fingerprint-based criminal records checks of relative guardians and child abuse and neglect registry checks of relative guardians and adults living the guardians' home before guardianship assistance payments may be made.
42 USC 673 (b) (3) (C) provides that a child for whom kinship guardianship assistance payments are being made is categorically eligible for Medicaid in the same manner as a child for whom foster care maintenance payments are made.
Before the Fostering Connections to Success and Increasing Adoptions Act of 2008 was adopted, 11 states operated subsidized guardianship programs as demonstration projects under federal waivers, including a Wisconsin program in Milwaukee County. The demonstration projects found that the availability of subsidized guardianship increases the number of children who exit foster care to permanent homes, maintains child safety, and saves money through reductions in out-of-home placement days and subsequent decreases in the administrative costs associated with supervising foster care cases. For a synthesis of the findings of the subsidized guardianship demonstration projects, see:
http://www.acf.hhs.gov/programs/cb/programs_fund/cwwaiver/2011/subsidized.pdf.
Staff Time Required
250 hours.
Contact Information
Jonelle Brom, Division of Safety and Permanence
(608) 264-6933
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # FR-19-11)
This statement of scope was approved by the governor on July 14, 2011.
Subject
Statement of Scope relating to Chapter
NR 47 proposed changes to Wisconsin Forest Landowner Grant Program (WFLGP) for non-industrial private forestland owners.
Objective of the Proposed Rule
