Iowa. Iowa does not have a federally-funded subsidized guardianship program.
Michigan. It appears that nonrelatives may be eligible to be a legal custodian of the child and receive state-funded guardianship assistance. Michigan has successor guardianship provisions that apply to Title IV-E-funded guardianship assistance payments.
Effect on Small Businesses
The rule does not affect small businesses.
Analysis Used to Determine Effect on Small Businesses
The rule affects individuals, county departments of social services and human services, and the department.
Agency Contact Person
SECTION 1. DCF 55.02 (3) and (6) are amended to read:
DCF 55.02 (3) “Child” means a pers
on less than 18 years of age, except as provided in s. DCF 55.10 (4). (6) “Interim caretaker” means a person seeking or receiving payments under s. 48.623 (6) (am), Stats. SECTION 2. DCF 55.02 (7) is renumbered to DCF 55.02 (7) (intro.) and amended to read:
DCF 55.02 (7) “Like-kin” means a person who has a significant emotional relationship with the child or the child’s family and to whom any of the following applies:
(a) who, prior Prior to the child’s placement in out-of-home care, the person had an existing relationship with the child or the child’s family that is similar to a familial relationship.
SECTION 3. DCF 55.02 (7) (b) is created to read:
DCF 55.02 (7) (b) During the child’s placement in out-of-home care, the person developed a relationship with the child or the child’s family that is similar to a familial relationship and all of the following apply:
1. The person is a foster parent who has had a relationship with the child for at least 2 years.
2. The child is 14 years of age or older.
3. The child has been placed in out-of-home care for 15 out of the last 22 months.
4. The agency or court determines that placement with a fit and willing relative is not in the child’s best interest.
SECTION 4. DCF 55.02 (11) is repealed and recreated to read:
DCF 55.02 (11) “Relative” has the same meaning as in s. 48.02 (15), Stats. SECTION 5. DCF 55.03 (1) (b) 1. (note) is repealed.
SECTION 6. DCF 55.03 (1) (c) is amended to read:
DCF 55.03 (1) (c) An order under s. 48.32, 48.345, 48.357, 48.363, 48.365, 938.32, 938.345, 938.357, 938.363, or 938.365, Stats., or a substantially similar Wisconsin tribal court order 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) (a), Stats., or a substantially similar proceeding under Wisconsin tribal law has been dismissed. SECTION 7. DCF 55.06 (2) (h) 11., (2) (m), (3), and (3) (note) are created to read:
DCF 55.06 (2) (h) 11. The child’s parent is residing with the guardian.
(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). (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.
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. SECTION 8. DCF 55.10 (1) (j) is created to read:
DCF 55.10 (1) (j) The child’s parent is residing with the guardian and child.
SECTION 9. DCF 55.10 (2) (b) is repealed and recreated to read:
DCF 55.10 (2) (b) Thirty days after the effective date of sub. (1) (j), unless the guardian is providing care for the child’s parent and any of the following apply:
1. The child’s parent is a minor.
2. The child’s parent is subject to an order for adult protective services or protective placement under s. 55.12, Stats. SECTION 10. DCF 55.10 (2) (b) (Note) is created to read:
DCF 55.10 (2) (b) Note: Section 55.12, Stats., is the statutory section on adult protective services or protective placement orders. SECTION 11. DCF 55.10 (2) (c) is amended to read:
DCF 55.10 (2) (c) If the agency receives notice from the guardian or otherwise knows or suspects that a change listed in sub. (1) has occurred.
SECTION 12. DCF 55.10 (2) (c) (Note) is created to read:
DCF 55.10 (2) (c) Note: If the parent in the guardian’s home poses a threat to the child’s safety, the agency should take appropriate steps to contact the local child protective services agency in Wisconsin or in the jurisdiction where the child resides. The agency may also consider notifying the court that ordered the guardianship to determine if the guardianship remains in the child’s best interests. Guardianships under s. 48.977, Stats., are the result of a previous action under ch. 48, Stats., in which child safety may have been an issue. Therefore, it is imperative that the agency responds accordingly when the agency becomes aware of actions to circumvent or dissolve the guardianship. SECTION 13. DCF 55.10 (5) (bm) is created to read:
DCF 55.10 (5) (bm) (intro.) Send a notice to the guardian on a form prescribed by the department at least 30 days before the effective date of any of the following:
SECTION 14. DCF 55.10 (5) (c) is renumbered DCF 55.10 (5) (bm) 1.
SECTION 15. DCF 55.10 (5) (d) is renumbered DCF 55.10 (5) (bm) 2., and, as renumbered, DCF 55.10 (5) (bm) 2. b. is amended to read:
DCF 55.10 (5) (bm) 2. b. A change of circumstances under sub. (1) (a) to (g) (h) or (j) has occurred.
SECTION 16. DCF 55.10 (5) (Note) is created to read:
DCF 55.10 (5) Note: Form DCF-F-CFS 2737, Notification of Subsidized Guardianship Suspension or Termination, 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. SECTION 17. DCF 55.125 is created to read:
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).
