DCF 55.06 DCF 55.06Subsidized guardianship agreement.
DCF 55.06(1)(1) An agency shall enter into a written, signed subsidized guardianship agreement with a prospective guardian before guardianship is established under s. 48.977, Stats., or under a substantially similar Wisconsin tribal law and an agreement specified in s. DCF 55.01 (2), and before providing subsidized guardianship payments to the guardian. The agency shall provide the prospective guardian with a copy of the signed agreement.
DCF 55.06(2) (2) The subsidized guardianship agreement shall be on a form prescribed by the department and specify all of the following:
DCF 55.06(2)(a) (a) The amount of the monthly subsidized guardianship payments that will be provided under the agreement.
DCF 55.06(2)(b) (b) The manner in which subsidized guardianship payments may be adjusted periodically based on the circumstances of the guardian and needs of the child, in consultation with the guardian.
DCF 55.06(2)(c) (c) A description of any additional services and assistance that the child or guardian will be eligible for under the agreement and the procedures by which the guardian may apply for the additional services and assistance as needed.
DCF 55.06(2)(d) (d) That the agency will pay or reimburse the total cost of nonrecurring expenses directly related to obtaining guardianship of the child, not to exceed $2,000, including court costs, attorney fees, and other reasonable and necessary expenses.
DCF 55.06(2)(e) (e) That the agreement will remain in effect without regard to the state of residence of the guardian.
DCF 55.06(2)(f) (f) That medical assistance provided under Title XIX of the Social Security Act of 1935, as amended, is available to the child as follows:
DCF 55.06(2)(f)1. 1. Medical assistance will be provided in accordance with the procedures of the state in which the child resides, except if a child receiving subsidized guardianship payments from an agency in Wisconsin is not eligible for medical assistance in the child's state of residence, the child is eligible for Wisconsin's medical assistance program under ss. 49.43 to 49.497, Stats.
DCF 55.06(2)(f)2. 2. Medical assistance may not be used as primary insurance coverage for care of a child that is covered by a guardian's private health insurance. A prospective guardian shall complete a form prescribed by the department of health services to provide information on any private health insurance coverage before guardianship is established under s. 48.977, Stats., or a substantially similar Wisconsin tribal law.
DCF 55.06 Note Note: Form HCF-10115, BadgerCare Plus/Medicaid Health Insurance Information, is available in the forms section of the Department of Health Services website, http://www.dhs.wisconsin.gov, or from the Division of Health Care Access and Accountability, P.O. Box 309 Madison, WI 53701-0309.
DCF 55.06(2)(g) (g) The agency's responsibility to release medical, educational, and other historical information the agency has about the child to the prospective guardian, in accordance with applicable law.
DCF 55.06(2)(h) (h) That if any of the following occur, the guardian shall notify the agency within 10 calendar days of the effective date:
DCF 55.06(2)(h)1. 1. The guardian's address changes.
DCF 55.06(2)(h)2. 2. There is a change in the child's guardian.
DCF 55.06(2)(h)3. 3. The child enters the military.
DCF 55.06(2)(h)4. 4. The child gets married.
DCF 55.06(2)(h)5. 5. The child is no longer living in the home of the guardian.
DCF 55.06(2)(h)6. 6. The child is deceased.
DCF 55.06(2)(h)7. 7. The child completes high school or an equivalent educational program after reaching 18 years of age.
DCF 55.06(2)(h)8. 8. If the child is covered by the guardian's health insurance and the guardian's health insurance benefits change or if the child was not covered by the guardian's health insurance and becomes covered.
DCF 55.06(2)(h)9. 9. The guardian is no longer supporting the child or is no longer legally responsible for supporting the child.
DCF 55.06(2)(h)10. 10. The child is placed outside the guardian's home at public expense.
DCF 55.06(2)(h)11. 11. The child's parent is residing with the guardian.
DCF 55.06(2)(i) (i) The guardian's responsibility to complete and return to the agency the annual review questionnaire under s. DCF 55.10 (3) in a timely manner to allow the agency to determine whether the child and guardian remain eligible for subsidized guardianship payments.
DCF 55.06(2)(j) (j) A description of the terms upon which the subsidized guardianship agreement may terminate under s. DCF 55.10 (5) (bm) 2.
DCF 55.06(2)(k) (k) That an agency may recover any overpayment of subsidized guardianship payments from a current or former guardian by any legal means as determined by the agency. An overpayment to a guardian who continues to receive subsidized guardianship payments may be recovered by reducing the amount of the person's monthly payment.
DCF 55.06(2)(L) (L) That the guardian may be eligible for adoption assistance under s. 48.975, Stats., and 42 USC 673 for care of the child if the guardian later decides to adopt the child. In determining eligibility for adoption assistance, the placement of the child in the home of the guardian and any subsidized guardianship payments will be considered to have never been made.
DCF 55.06(2)(m) (m) That the guardian may name a prospective successor guardian of the child to assume the duty and authority of guardianship upon the death or incapacity of the guardian. The prospective successor guardian would be eligible for monthly subsidized guardianship payments only if the conditions specified in s. 48.623 (6) (bm), Stats., and s. DCF 55.125 are met and the court appoints the successor guardian to assume the duty and authority of guardianship under s. 48.977 (5m), Stats., or under a substantially similar Wisconsin tribal law and an agreement specified in s. DCF 55.01 (2).
DCF 55.06(3) (3) An agency shall use a form prescribed by the department to amend a subsidized guardianship agreement with a guardian to include a prospective successor guardian.
DCF 55.06 Note Note: Form DCF-F-CFS2365, Subsidized Guardianship Agreement, 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 55.06 Note Note: Form DCF-F-5038-E, Amended Subsidized Guardianship Agreement to Include Successor Guardian, 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 55.06 History History: CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; EmR1632: emerg. cr. (2) (h) 11., (m), (3), eff. 11-18-16; CR 16-048: cr. (2) (h) 11., (m), (3) Register April 2017 No. 736, eff. 5-1-17; correction in (2) (j) made under s. 13.92 (4) (b) 7., Stats., Register April 2017 No. 736
DCF 55.07 DCF 55.07Amount of monthly payment.
DCF 55.07(1)(1)Amount in agreement. The amount of a subsidized guardianship payment shall be the amount in the initial subsidized guardianship agreement under s. DCF 55.06 or as adjusted by an amendment to the subsidized guardianship agreement signed by both the guardian and the agency under s. DCF 55.08.
DCF 55.07(2) (2)Initial amount.
DCF 55.07(2)(a)1.1. The monthly subsidized guardianship payment amount in an initial subsidized guardianship agreement entered into on or after July 1, 2011, shall equal the amount of the monthly foster care payment received by the prospective guardian for the care of the child under s. DCF 56.23 in the month immediately preceding the month in which the guardianship is ordered.
DCF 55.07(2)(a)2. 2. Notwithstanding subd. 1., the monthly subsidized guardianship payment amount may be less than the amount under subd. 1. if agreed to by the prospective guardian and specified in the subsidized guardianship agreement under s. DCF 55.06.
DCF 55.07(2)(b) (b) The supplemental payment amount based on the child's identified needs and included in the initial subsidized guardianship agreement shall be determined under s. DCF 56.23 (2) (a) if the child has needs that have been identified as moderate or intensive in the areas listed in s. DCF 56.23 (2) (a) 1. a. to e.
DCF 55.07 Note Note: Under s. 48.62 (4), Stats., and s. DCF 56.23 (1) (c), no supplemental payment may be paid to a foster parent who operates a Level 1 foster home.
DCF 55.07(3) (3)Adjustment of monthly payment.
DCF 55.07(3)(a)(a) The amount of a monthly payment to a guardian may be adjusted periodically based on the circumstances of the guardian and the needs of the child under s. DCF 55.08, in consultation with the guardian.
DCF 55.07(3)(b) (b) Notwithstanding par. (a), the amount of a monthly subsidized guardianship payment to a guardian may not be adjusted under s. DCF 55.08 if the prospective guardian's foster home was certified at Level 1 under s. DCF 56.13 (3) on the date that the prospective guardian signed the subsidized guardianship agreement under s. DCF 55.06.
DCF 55.07 Note Note: The adjustment of a monthly payment is an adjustment to the supplemental payment, which a guardian is not eligible to receive if his or her foster home was certified at Level 1.
DCF 55.07 History History: CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13.
DCF 55.08 DCF 55.08Amendment to adjust payment amount.
DCF 55.08(1)(1)Substantial change in circumstances. In this section, “substantial change in circumstances" means that a documented change has occurred regarding the child in one or more areas of identified needs, including physical, behavioral, or emotional needs, that would result in a change in a supplemental payment determined under one of the following:
DCF 55.08(1)(a) (a) For a subsidized guardianship agreement entered into before July 1, 2011, under s. 48.62 (5), 2009 Stats., the amount determined under s. DCF 55.09.
DCF 55.08(1)(b) (b) For a subsidized guardianship agreement entered into on or after July 1, 2011, under s. 48.623, Stats., the amount determined under s. DCF 56.23 (2) (a) if the child has needs that have been identified as moderate or intensive in the areas listed in s. DCF 56.23 (2) (a) 1. a. to e.
DCF 55.08 Note Note: Under s. DCF 55.07 (3) (b), a guardian who was a foster parent who operated a Level 1 foster home on the date that the subsidized guardianship agreement was signed is not eligible for an amendment to adjust the subsidized guardianship payment amount.
DCF 55.08(2) (2)Timing of request. A guardian who is receiving monthly subsidized guardianship payments pursuant to an initial or amended subsidized guardianship agreement may request that the agreement be amended to increase the amount of those payments if the guardian believes that there has been a substantial change in circumstances and the timing of the request is any of the following:
DCF 55.08(2)(a) (a) Not less than 12 months after any of the following occurred:
DCF 55.08(2)(a)1. 1. The guardianship was established under s. 48.977, Stats., or under a substantially similar Wisconsin tribal law and an agreement specified in s. DCF 55.01 (2).
DCF 55.08(2)(a)2. 2. A previous request for an amendment to the subsidized guardianship agreement was denied.
DCF 55.08(2)(b) (b) Within 120 days before the expiration date of an amendment to the subsidized guardianship agreement.
DCF 55.08(3) (3)Guardian request. To request an amendment to the subsidized guardianship agreement, the guardian shall do all of the following:
DCF 55.08(3)(a) (a) Complete and return the request for subsidized guardianship amendment form prescribed by the department to document the guardian's observations of the child's physical, behavioral, and emotional needs.
DCF 55.08 Note Note: When a guardian contacts the agency about a possible amendment, the agency sends the guardian at least 2 sets of the applicable forms. The forms are available in the forms section of the department website, https://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.
DCF 55.08 Note For a subsidized guardianship agreement entered into before July 1, 2011, the agency sends all of the following forms:
DCF 55.08 Note DCF-F-2813-E, Subsidized Guardianship Amendment Request —Established Before July 1, 2011.
DCF 55.08 Note DCF-F-2783-E, Subsidized Guardianship Amendment Request —Confirmation of Needs Behavioral Characteristics.
DCF 55.08 Note DCF-F-2784-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Physical/Personal Care Characteristics.
DCF 55.08 Note DCF-F-2785-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Emotional Characteristics.
DCF 55.08 Note For a subsidized guardianship agreement entered into on or after July 1, 2011, the agency sends all of the following forms that apply to the child's age:
DCF 55.08 Note DCF-F-2781-E, Subsidized Guardianship Amendment Request — Complete Documentation Request.
DCF 55.08 Note DCF-F-2867-E, Subsidized Guardianship Amendment Request — Age Birth to 5 Child and Adolescent Needs and Strengths (CANS) Version.
DCF 55.08 Note DCF-F-2868-E, Subsidized Guardianship Amendment Request — Age 5 to 17 Child and Adolescent Needs and Strengths (CANS) Version.
DCF 55.08 Note DCF-F-2869-E Subsidized Guardianship Amendment Request — Confirmation of Needs Emotional Characteristics (Age Birth to 5).
DCF 55.08 Note DCF-F-2870-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Emotional Characteristics (Age 5 to 17).
DCF 55.08 Note DCF-F-2871-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Behavioral Characteristics (Age Birth to 5).
DCF 55.08 Note DCF-F-2872-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Behavioral Characteristics (Age 5 to 17).
DCF 55.08 Note DCF-F-2873-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Physical/Personal Care Characteristics (Age Birth to 5).
DCF 55.08 Note DCF-F-2874-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Behavioral Characteristics (Age 5 to 17).
DCF 55.08 Note The guardian completes and returns to the agency the forms that apply to the child's needs.
DCF 55.08(3)(b) (b) Submit documentation by appropriate professionals regarding the child's current needs to the agency with the amendment request. The documentation shall be on a form prescribed by the department and dated not more than 6 months before the request.
DCF 55.08 Note Note: The professionals complete the same forms as the guardian under par. (a).
DCF 55.08(3)(c) (c) If requested by the agency, provide additional information about the child's current functioning no later than 90 days following the agency request.
DCF 55.08(3)(d) (d) If requested by the agency, have the child evaluated by a specialist of the agency's choice and at the agency's expense and submit documentation requested by the agency no later than 90 days following the agency request, or by a date agreed to by the agency.
DCF 55.08(3)(e) (e) If the guardian accepts the adjusted payment amount offered by the agency, sign and return the amendment to the agency.
DCF 55.08(4) (4)Agency response. If an agency receives a guardian's request to amend a subsidized guardianship agreement under sub. (3), the agency shall do all of the following:
DCF 55.08(4)(a) (a) No later than 45 days following receipt of a guardian's request, make a decision on the request from the information submitted by the guardian under sub. (3) (a) and (b) or determine that additional information is needed to make a decision. If the agency determines that additional information is needed, the agency may do any of the following:
DCF 55.08(4)(a)1. 1. Obtain technical assistance from a specialist.
DCF 55.08(4)(a)2. 2. Request that the guardian have the child evaluated by a specialist of the agency's choice and at the agency's expense.
DCF 55.08(4)(a)3. 3. Request more information about the child's current functioning from the guardian.
DCF 55.08(4)(b) (b) If the agency requests more information under par. (a), make a decision on the guardian's request no later than 30 days following receipt of the additional information.
DCF 55.08(4)(c) (c) Determine whether any of the following apply to the guardian:
DCF 55.08(4)(c)1. 1. A final substantiated finding has been made that the guardian abused or neglected a child.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.