DCF 55.125 Successor guardian. (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: (a) The prospective successor guardian demonstrates a strong commitment to caring permanently for the child.
(b) If the child is age 14 years or older, the child has been consulted with regarding the successor guardianship arrangement.
(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. Note: The agency is not required to issue a license to the prospective successor guardian.
(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, the best interests of the Indian child shall be determined in accordance with s. 48.01 (2), Stats. 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. (2) Eligibility determination form. An agency that determines a prospective successor guardian’s eligibility shall document the determination on a form prescribed by the department.
Note: Form DCF-F-5069-E, Subsidized Guardianship Successor Guardian Eligibility Determination, is available on the forms page 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. (3) Subsidized guardianship agreement. The agency shall enter into a written, signed subsidized guardianship agreement with the prospective successor guardian under s. DCF 55.06 if the agency determines that the prospective successor guardian is eligible under sub. (1). The agency shall enter into the subsidized guardianship agreement with the prospective successor guardian before guardianship is established under s. 48.977 (5m), Stats., or under a substantially similar Wisconsin tribal law and an agreement specified in s. DCF 55.01 (2). (4) Court. An agency may not provide subsidized guardianship payments to a prospective successor guardian until all of the following occur:
(a) A 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). (b) Any order under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365, Stats., placing the child, or continuing the placement of the child, outside of the child’s home has been terminated, or any proceeding in which the child has been adjudged to be in need of protection or services specified in s. 48.977 (2) (a), Stats., has been dismissed, as provided in s. 48.977 (3r) (b), Stats, or under a substantially similar Wisconsin tribal law and an agreement specified in s. DCF 55.01 (2). (5) Monthly payments. An agency shall provide monthly subsidized guardianship payments in an amount determined under s. DCF 55.07 or 55.08 to a guardian appointed under s. 48.977 (5m), Stats., or under a substantially similar Wisconsin tribal law and an agreement specified in s. DCF 55.01 (2). SECTION 18. DCF 55.13 (title), (1), (2) (intro.), (a) to (c), (c) (Note), (d), (e) 1. and 2., (f), (4) (intro.), and (5) are amended to read:
DCF 55.13 (title) DCF 55.13 Background check of interim caretaker or prospective successor guardian and nonclient residents. (1) Provide information. (a) Before an agency provides subsidized guardianship payments to an interim caretaker seeking payments under s. DCF 55.12 or determines that a prospective successor guardian is eligible to enter into a subsidized guardianship agreement, the interim caretaker or prospective successor guardian and any nonclient resident in the interim caretaker’s or prospective successor guardian’s home shall do all of the following: 1. Complete and submit to the agency the department’s background information disclosure form and written authorization for the agency to make follow-up contact with the Wisconsin department of justice and any other person or organization to determine if there is any reason under sub. (4) why the interim caretaker is not eligible to receive subsidized guardianship payments under s. DCF 55.12 or the prospective successor guardian is not eligible to enter into a subsidized guardianship agreement. 2. Provide the agency with information on their places of residence during the 5-year period before the interim caretaker is seeking subsidized guardianship payments under s. DCF 55.12 or the prospective successor guardian is seeking to enter into a subsidized guardianship agreement. (b) Before an agency provides subsidized guardianship payments to an interim caretaker seeking payments under s. DCF 55.12 or enters into a subsidized guardianship agreement with a prospective successor guardian, the interim caretaker or prospective successor guardian shall provide the agency or its designated agent with a set of fingerprints sufficiently clear to submit to the Wisconsin department of justice or other law enforcement agency for submission to the national crime information database as provided in s. 48.685 (2) (c) 1., Stats. (2) Conduct background check. After the agency receives the information under sub. (1) and before the agency provides subsidized guardianship payments to an interim caretaker or enters into a subsidized guardianship agreement with a prospective successor guardian, the agency shall do all of the following:
(a) The agency shall obtain the information required under s. 48.685 (2) (am), Stats., regarding the interim caretaker or prospective successor guardian and any nonclient resident in the interim caretaker’s or prospective successor guardian’s home. (b) The agency shall submit the fingerprints of the interim caretaker or prospective successor guardian under sub. (1) (b) to the Wisconsin department of justice or other law enforcement agency for submission to the national crime information database as provided in s. 48.685 (2) (c) 1., Stats. (c) The agency shall conduct a reverse search of the Wisconsin sex offender registry using the interim caretaker’s or prospective successor guardian’s address.
Note: A reverse search by address can be done by entering the interim caretaker’s or prospective successor guardian’s address at http://doc.wi.gov/community-resources/offender-registry. The Wisconsin Sex Offender Registry does not contain information on all convicted sex offenders.
The information is limited by the effective date of the applicable law and to those offenders who have been arrested and convicted, adjudicated, or committed for a crime specified under the law and who meet registration and publication requirements.
For example, certain sex offenses by juveniles or other persons may not meet registration or publication requirements. Please consider these limitations when obtaining information from the sex offender registry.
(d) If the agency is informed that a nonclient resident in the interim caretaker’s or prospective successor guardian’s home resided outside the state of Wisconsin at any time during the 3-year period before the search, the agency shall obtain a criminal history records search from any state in which the person is or was a resident.
(e) 1. If the agency is informed that the interim caretaker or prospective successor guardian or a nonclient resident in the interim caretaker’s or prospective successor guardian’s home resided in the state of Wisconsin at any time during the 5-year period before the search, the agency shall contact each county in Wisconsin in which the person is a resident or was a resident during those 5 years for information on any child abuse or neglect report or finding.
2. If the agency is informed that the interim caretaker or prospective successor guardian or a nonclient resident in the interim caretaker’s or prospective successor guardian’s home resided outside the state of Wisconsin at any time during the 5-year period before the search, the agency shall check any child abuse or neglect registry maintained by any other jurisdiction in which the person is a resident or was a resident during those 5 years for information on any child abuse or neglect report or finding.
(f) If the agency is informed that the interim caretaker or prospective successor guardian or a nonclient resident in the interim caretaker’s or prospective successor guardian’s home served in a branch of the U.S. armed forces, including any reserve component, the agency shall make every reasonable effort to obtain information on the discharge status of the person. This information may be obtained from the discharge papers or from the armed forces branch in which the person served. If the discharge status is other than honorable, the agency shall obtain information on the nature and circumstances of the discharge.
(4) (intro.) Offenses that are a bar. Unless the person has demonstrated that he or she has been rehabilitated under s. 48.685 (5) or (5c), Stats., and ch. DCF 12, an agency may not provide subsidized guardianship payments to an interim caretaker or determine that a prospective successor guardian is eligible to enter into a subsidized guardianship agreement if any of the following apply regarding the interim caretaker or prospective successor guardian or a nonclient resident in the interim caretaker’s or prospective successor guardian’s home: (5) Denials. The agency shall provide the department with information about each person who is denied monthly subsidized guardianship payments or permission to reside in the home of an interim caretaker or prospective successor guardian for a reason specified in sub. (4).
SECTION 19. EFFECTIVE DATE. This rule shall take effect upon publication as provided in s. 227.24 (1) (c), Stats.
