DCF 55.11(1)(a)2.
2. The agency denied a person's request for a determination of eligibility for subsidized guardianship payments under s.
DCF 55.05 (3) on the grounds that a condition specified in s.
DCF 55.03 has not been met.
DCF 55.11(1)(b)
(b) Review of an agency action or failure to act is unavailable if the action or failure to act arose more than 45 days before the guardian submits the petition for review to the division of hearings and appeals.
DCF 55.11(2)(a)(a) Upon receipt of a timely petition as described in sub.
(1) (b), the division of hearings and appeals shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing.
DCF 55.11(2)(b)
(b) The division of hearings and appeals may make such additional investigation as it considers necessary.
DCF 55.11(2)(c)
(c) The division of hearings and appeals shall provide the applicant or recipient and the agency whose action or failure to act is the subject of the petition with a notice of hearing. That agency may be represented at the hearing.
DCF 55.11(2)(d)
(d) The division of hearings and appeals shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the agency whose action or failure to act is the subject of the petition.
DCF 55.11(2)(e)
(e) The decision of the division of hearings and appeals shall have the same effect as an order of the agency whose action or failure to act is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require, as provided under s.
HA 3.10 (1).
DCF 55.11(2)(f)
(f) The division of hearings and appeals shall deny a petition for review or shall refuse to grant relief if any of the following applies:
DCF 55.11(2)(f)2.
2. The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in state law.
DCF 55.11(2)(f)3.
3. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the division of hearings and appeals.
DCF 55.11(3)(a)1.1. If a recipient requests a hearing within 10 days after the date of the notice that the recipient's subsidized guardianship payments are being decreased or discontinued, those payments may not be decreased or discontinued until a decision is rendered after the hearing.
DCF 55.11(3)(a)2.
2. Payments made pending the hearing decision under subd.
1. may be recovered by the agency if the contested action or failure to act is upheld or the recipient withdraws or abandons the petition.
DCF 55.11(3)(b)
(b) The division of hearings and appeals shall promptly notify the agency whose action is the subject of the hearing that the recipient has requested a hearing.
DCF 55.11(3)(c)
(c) Payments shall be decreased or discontinued if the recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient's behalf.
DCF 55.11 History
History: CR: 12-045: cr.
Register May 2013 No. 689, eff. 6-1-13;
CR 21-107: am. (3) (a) 1.
Register June 2022 No. 798, eff. 7-1-22.
DCF 55.12(1)(1)
Eligibility. Upon the death or incapacity of a guardian or upon the termination of a guardianship under s.
48.977 (7), Stats., or under a tribal court order that is substantially similar to an order under s.
48.977, Stats., and an agreement specified in s.
DCF 55.01 (2) or
(3), the agency that has been providing subsidized guardianship payments to the guardian shall provide the subsidized guardianship payments to the interim caretaker if all of the following conditions are met:
DCF 55.12(1)(a)
(a) Pursuant to s.
48.685, Stats., and s.
DCF 55.13, the agency conducts a background investigation of the interim caretaker and any nonclient resident in the interim caretaker's home and determines that those individuals meet the requirements in s.
48.685, Stats., and s.
DCF 55.13. For a background investigation conducted by a tribal child welfare agency, the investigation may be conducted under s.
48.685, Stats., and s.
DCF 55.13 or by meeting the background check requirements for foster parent licensing under
42 USC 671 (a) (20)
.
DCF 55.12(1)(b)
(b) The agency inspects the home of the interim caretaker, interviews the interim caretaker, and determines that placement of the child with the interim caretaker is in the best interests of the child. In the case of an Indian child, a county department or the department determines the best interests of the Indian child in accordance with s.
48.01 (2), Stats.
DCF 55.12(1)(c)
(c) The interim caretaker cooperates with the agency in finding a permanent placement for the child by either seeking to become the child's guardian or adoptive parent or assisting in finding other permanent resources for the child.
DCF 55.12(1)(d)
(d) If a county department or the department knows or has reason to know that the child is an Indian child, the county department or department provides notice of the Indian child's placement in the home of the interim caretaker to the Indian child's parent, Indian custodian, and tribe and determines that the home of the interim caretaker complies with the order of placement preference under s.
48.028 (7) (b), Stats., or, if applicable, s.
48.028 (7) (c), Stats., unless the county department or department finds good cause, as described in s.
48.028 (7) (e), Stats., for departing from that order.
DCF 55.12(2)
(2) Time-limited. The agency shall provide the subsidized guardianship payments to an interim caretaker who is eligible under sub.
(1) until the interim caretaker is licensed as a foster parent under ch.
DCF 56, except the agency may not provide subsidized guardianship payments to an interim caretaker for more than 12 months.
DCF 55.12(3)
(3) Payment amount. The amount of the subsidized guardianship payments to the interim caretaker shall be the most recent amount that the agency had agreed to pay the guardian under s.
DCF 55.07 (2) or
55.08.
DCF 55.12(4)
(4) Overpayments. An agency may recover any overpayment made to a current or former interim caretaker by any legal means as determined by the agency. An overpayment to an interim caretaker who continues to receive subsidized guardianship payments may be recovered by reducing the amount of the person's monthly payment.
DCF 55.12 History
History: CR: 12-045: cr.
Register May 2013 No. 689, eff. 6-1-13;
CR 21-107: am. (2)
Register June 2022 No. 798, eff. 7-1-22;
CR 24-007: am. (1) (intro.), (a), (b), (d) Register July 2024 No. 823, eff. 8-1-24.
DCF 55.125(1)(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:
DCF 55.125(1)(a)
(a) The prospective successor guardian demonstrates a strong commitment to caring permanently for the child.
DCF 55.125(1)(b)
(b) If the child is age 14 years or older, the child has been consulted with regarding the successor guardianship arrangement.
DCF 55.125(1)(c)
(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. For a background investigation conducted by a tribal child welfare agency, the investigation may be conducted under s.
48.685, Stats., and s.
DCF 55.13 or by meeting the background check requirements for foster parent licensing under
42 USC 671 (a) (20)
.
DCF 55.125 Note
Note: The agency is not required to issue a license to the prospective successor guardian.
DCF 55.125(1)(d)
(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, a county department or the department determines the best interests of the Indian child in accordance with s.
48.01 (2), Stats.
DCF 55.125 Note
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.
DCF 55.125(1)(e)
(e) If a county department or the department knows or has reason to know that the child is an Indian child, the county department or department provides notice of the Indian child's placement in the home of the prospective successor guardian to the Indian child's parent, Indian custodian, and tribe and determines that the home of the prospective successor guardian complies with the order of placement preference under s.
48.028 (7) (b), Stats., or, if applicable, s.
48.028 (7) (c), Stats., unless the county department or department finds good cause, as described in s.
48.028 (7) (e), Stats., for departing from that order.
DCF 55.125(2)
(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.
DCF 55.125 Note
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.
DCF 55.125(3)
(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 tribal court order that is substantially similar to an order under s.
48.977, Stats., and an agreement specified in s.
DCF 55.01 (2) or
(3).
DCF 55.125(4)
(4) Court. An agency may not provide subsidized guardianship payments to a prospective successor guardian until all of the following occur:
DCF 55.125(4)(a)
(a) A court appoints the successor guardian to assume the duty and authority of guardianship under s.
48.977 (5m), Stats., or under a tribal court order that is substantially similar to an order under s.
48.977, Stats., and an agreement specified in s.
DCF 55.01 (2) or
(3).
DCF 55.125(4)(b)
(b) Any order under s.
48.345,
48.357,
48.363,
48.365,
938.345,
938.357,
938.363, or
938.365, Stats., or a substantially similar 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., or under a substantially similar tribal law has been dismissed, as provided in s.
48.977 (3r) (b), Stats., or under a substantially similar tribal law or a substantially similar tribal court order and an agreement specified in s.
DCF 55.01 (2) or
(3).
DCF 55.125(5)
(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 tribal court order that is substantially similar to an order under s.
48.977, Stats., and an agreement specified in s.
DCF 55.01 (2) or
(3).
DCF 55.125 History
History: EmR1632: emerg. cr., eff. 11-18-16;
CR 16-048: cr.
Register April 2017 No. 736, eff. 5-1-17;
CR 24-007: am. (1) (c), (d), cr. (1) (e), am. (3), (4) (a), (b), (5) Register July 2024 No. 823, eff. 8-1-24.
DCF 55.13
DCF 55.13
Background check of interim caretaker or prospective successor guardian and nonclient residents. DCF 55.13(1g)(1g)
Tribal agency. A background investigation under s.
DCF 55.12 (1) (a) or
55.125 (1) (c) that is conducted by a tribal child welfare agency may be conducted under s.
48.685, Stats., and this section or by meeting the background check requirements for foster parent licensing under
42 USC 671 (a) (20)
.
DCF 55.13(1r)(a)
(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:
DCF 55.13(1r)(a)1.
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.
DCF 55.13 Note
Note: DCF-F-2978-E,
Background Information Disclosure, is 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 55.13(1r)(a)2.
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.
DCF 55.13(1r)(b)
(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.
DCF 55.13(2)
(2) Conduct background check. After the agency receives the information under sub.
(1r) 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:
DCF 55.13(2)(a)
(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.
DCF 55.13 Note
Note: Information on how to conduct an initial search of some of the required Wisconsin records is at
https://recordcheck.doj.wi.gov. Following the search, the agency will receive a report from the Department of Justice regarding results of the criminal records search and a report from the Department of Health Services regarding results of the search of other integrated databases. Further investigation may be required.
DCF 55.13(2)(b)
(b) The agency shall submit the fingerprints of the interim caretaker or prospective successor guardian under sub.
(1r) (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.
DCF 55.13(2)(c)
(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.
DCF 55.13 Note
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.
DCF 55.13 Note
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.
DCF 55.13 Note
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.
DCF 55.13(2)(d)
(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 5-year period before the search, the agency shall obtain a criminal history records search from any state or United States jurisdiction in which the person is or was a resident.
DCF 55.13(2)(e)
(e) The agency shall obtain information on any child abuse and neglect findings during the 5-year period before the search, as follows:
DCF 55.13(2)(e)1.
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 or jurisdiction 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.
DCF 55.13(2)(e)2.
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.
DCF 55.13(2)(f)
(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.
DCF 55.13(3)
(3) Follow-up. Follow-up investigation may be required and may include the following:
DCF 55.13(3)(a)
(a) If the results of the criminal history records search under sub.
(2) (a),
(b), or
(d) indicate a charge of a crime specified in s.
48.685 (1) (c), Stats., but do not completely and clearly indicate the final disposition of the charge, the agency shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge.
DCF 55.13(3)(b)
(b) If the background information disclosure indicates a charge or conviction of a crime specified in s.
48.685 (1) (c), Stats., but the results of the criminal history records search under sub.
(2) (a),
(b), or
(d) do not include the charge or conviction, the agency shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint.
DCF 55.13(3)(c)
(c) If the results of the criminal history records search under sub.
(2) (a),
(b), or
(d); the background information disclosure; or any other information indicate that the person was convicted of a violation of s.
940.19 (1),
940.195,
940.20,
941.30,
942.08,
947.01 (1), or
947.013, Stats., or comparable law in another state or United States jurisdiction, not more than 5 years before the agency obtained the information, the agency shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.
DCF 55.13 Note
Note: A list of Wisconsin county clerks of court is available at
http://www.wicourts.gov/contact/docs/clerks.pdf. Contact information for the Wisconsin Tribal Court Judges Association is available at
http://www.wtja.org/wisconsin-tribal-courts.php. An investigation and determination regarding whether the circumstances of the convictions for the crimes specified in par. (c) are substantially related to the care of children under s.
48.685 (5m), Stats., is required. The specified crimes are misdemeanor battery, battery to an unborn child, battery-special circumstances, reckless endangerment, invasion of privacy, disorderly conduct, and harassment.
DCF 55.13(4)
(4) Offenses that are a bar. Unless the person has demonstrated that the person 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:
DCF 55.13(4)(a)
(a) The person has been convicted of a crime specified in s.
48.685 (1) (c), Stats., or is the subject of a pending criminal charge alleging that the person committed a crime specified in s.
48.685 (1) (c), Stats.
DCF 55.13 Note
Note: A table that lists applicable crimes is available on the department website,
https://dcf.wisconsin.gov, in the child welfare licensing/background checks section. The applicable crimes for subsidized guardianship payments are the same as the applicable crimes for foster care.
DCF 55.13(4)(b)
(b) The person has been adjudicated delinquent for committing a crime specified in s.
48.685 (1) (c), Stats., or is the subject of a delinquency petition alleging that the person committed a crime specified in s.
48.685 (1) (c), Stats.
DCF 55.13(4)(c)
(c) A governmental body has made a finding that the person has abused or neglected any client or misappropriated the property of any client.
DCF 55.13(4)(d)
(d) A final substantiated finding has been made that the person abused or neglected a child.
DCF 55.13(4)(e)
(e) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.
DCF 55.13(5)
(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).
DCF 55.13 Note
Note: Agencies with direct access to eWiSACWIS, the child welfare automation system, enter the information directly into the system. Agencies that do not have direct access to eWiSACWIS, provide the information on Form DCF-F-CFS2191, Negative Action Notice, which is available in the forms section of the department's website, dcf.wisconsin.gov. Send the completed form to Out-of-Home Care Section, DCF/DSP, P.O. Box 8916, Madison WI 53708-8916.
DCF 55.13 History
History: CR: 12-045: cr.
Register May 2013 No. 689, eff. 6-1-13;
CR 16-014: am. (2) (e) 1., 2., (4) (intro.), (a), r. (4) (b), r. and recr. (4) (d), (e)
Register June 2016 No. 726, eff. 7-1-16;
EmR1632: emerg. am. (title), (1), (2), (4) (intro.), (5), eff. 11-18-16;
CR 16-048: am. (title), (1), (2), (4) (intro.), (5)
Register April 2017 No. 736, eff. 5-1-17;
CR 21-107: am. (2) (d), (4) (intro.), r. and recr. (4) (a), cr. (4) (b)
Register June 2022 No. 798, eff. 7-1-22;
CR 24-007: renum. (1) to (1r), cr. (1g), am. (2) (intro.), (b), (d), (e) 1., (3) (a) to (c) Register July 2024 No. 823, eff. 8-1-24.
