4. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
200 hours
5. List with description of all entities that may be affected by the emergency and proposed rules
Division of Milwaukee Child Protective Services; county departments of social services and human services; successor guardians, foster parents and other potential guardians who develop a relationship with a child who is placed in out-of-home care; children in out-of-home care; children in the care of a successor guardian; and children in the care of a subsidized guardian.
6. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the emergency and proposed rules
42 USC 673 (d) (3), as created by Section 207 of the Preventing Sex Trafficking and Strengthening Families Act, allows for continuation of subsidized guardianship payments if the guardian dies or is incapacitated, and a successor guardian was named in the agreement before the guardian’s death or incapacity. Implementation of Section 207 is required as a condition of funding under Title IV-E of the Social Security Act. Section 207 was effective September 29, 2014, and Wisconsin is currently under a Program Improvement Plan due to delayed implementation. The Administration for Children and Families (ACF) Program Instruction ACYF-CB-PI-10-11, Fostering Connections to Success and Increasing Adoptions Act of 2008 Comprehensive Guidance, July 9, 2010, provides that a State has discretion to define the term “relative” for the purposes of the subsidized guardianship program. The ACF will accept a Title IV-E plan or amendment that contains a reasonable interpretation of “relative,” including a plan that limits the term to biological and legal familial ties or a plan that more broadly includes tribal kin, extended family and friends, or other “fictive kin.”
Under 42 USC 675 (a) (2) (A) and (C) and 42 USC 675 (b), Title IV-E payments are available for “foster care” provided by someone other than a biological parent. A child living with his or her parents would not be considered to be living in a “foster home” and, thus, would not be eligible for Title IV-E payments. 7. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
None or minimal
Contact Person:
Jonelle Brom
Bureau of Permanence and Out-of-Home Care
(608) 422-6930
