DCF 55.08 Note
Note: The agency sends the guardian at least 2 sets of the same forms that are required for an initial amendment under sub. (3) (a). 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(5)(c)2.b.
b. Submit documentation by appropriate professionals regarding the child's current needs on a form prescribed by the department and dated not more than 6 months before the request for continuation.
DCF 55.08 Note
Note: The professionals complete the same forms as the guardian under subd. 2. a.
DCF 55.08(5)(d)
(d) The agency may require the guardian to provide additional information regarding the child's needs, including an evaluation by a specialist.
DCF 55.08(5)(e)
(e) The agency shall review the guardian's request and supporting documentation to determine whether the substantial change in circumstances that was the basis for amending the agreement continues to exist under the following criteria:
DCF 55.08(5)(f)1.1. Following the review under par.
(e), the agency may determine any of the following:
DCF 55.08(5)(f)1.a.
a. The substantial change in circumstances that was the basis for the amendment continues to exist.
DCF 55.08(5)(f)1.b.
b. A substantial change in circumstances exists as a basis for a monthly subsidized guardianship payment that is more than the amount in the initial subsidized guardianship agreement but less than the current amendment.
DCF 55.08(5)(f)1.c.
c. A substantial change in circumstances no longer exists as a basis for a monthly subsidized guardianship payment that is more than the amount in the initial subsidized guardianship agreement under s.
DCF 55.06.
DCF 55.08(5)(f)2.
2. The agency may not determine a monthly subsidized guardianship payment amount that is less than the amount in the initial subsidized guardianship agreement under s.
DCF 55.06.
DCF 55.08(5)(g)
(g) The agency shall provide the guardian with written notice of the agency determination under par.
(f) on a form prescribed by the department that includes information on the guardian's right to appeal the agency decision under s.
DCF 55.11.
DCF 55.08 Note
Note: Form DCF-F-2756-E, Notice of Approval for Amendment for Subsidized Guardianship and Amended Agreement, and form DCF-F-2765-E, Notice of Denial for Amendment for Subsidized Guardianship, are 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 55.08(5)(h)
(h) If an agency offers a monthly subsidized guardianship payment amount that is more than the amount in the initial subsidized guardianship agreement under s.
DCF 55.06 and the guardian accepts the amount that the agency offers, the agency and the guardian shall sign an amendment to the subsidized guardianship agreement that specifies the monthly payment amount and the time period that the amendment will be effective. An amendment to a subsidized guardianship agreement may not be effective for more than one year. The amendment shall be on a form prescribed by the department.
DCF 55.08 Note
Note: Form DCF-F-2756-E, Notice of Approval for Amendment for Subsidized Guardianship and Amended 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 55.08(5)(i)
(i) The amendment shall be effective the first day of the month following the date that both of the following have occurred:
DCF 55.08(5)(i)1.
1. The date that the agency receives the amendment signed by the guardian and the agency.
DCF 55.08(6)
(6)
Agency proposal. An agency may propose to a person receiving monthly subsidized guardianship payments that the agreement under s.
DCF 55.06 be amended to adjust the amount of those payments. If an adjustment in the amount of those payments is agreed to by the person receiving those payments, the agreement shall be amended in writing to specify the adjusted amount of those payments and shall be signed by the agency and the guardian.
DCF 55.08 History
History: CR: 12-045: cr.
Register May 2013 No. 689, eff. 6-1-13; (5) (i) a., b. renumbered to (i) 1., 2. under s. 13.92 (4) (b) 1., Stats.,
Register May 2013 No. 689;
CR 16-014: r. and recr. (4) (c)
Register June 2016 No. 726, eff. 7-1-16.
DCF 55.09
DCF 55.09 Supplemental payments under subsidized guardianship agreements entered into before July 1, 2011. DCF 55.09(1)(1)
Applicability. This section applies to supplemental payments provided under subsidized guardianship agreements entered into before July 1, 2011, under s.
48.62 (5), 2009 Stats.
DCF 55.09 Note
Note: Subsidized guardianship agreements entered into before July 1, 2011, were part of a subsidized guardianship demonstration project that was administered by the Bureau of Milwaukee Child Welfare and authorized by a federal waiver and s.
48.62 (5), 2009 Stats.
DCF 55.09(2)(a)(a) The agency may make supplemental payments to the guardian of a child in an amount to be determined by the agency if the child requires more than the usual amount of care and supervision for the child's age because of special emotional, behavioral or physical and personal needs.
DCF 55.09(2)(b)
(b) If a child does not exhibit characteristics commensurate with a moderate or intensive level of emotional, behavioral, or physical and personal special needs categories described in sub.
(3), no supplemental payment may be made. If the child exhibits characteristics commensurate with in a moderate or intensive level of one or more of the emotional, behavioral, or physical and personal special need categories under sub.
(3), a supplemental payment in an amount to be determined by the agency shall be paid.
DCF 55.09(2)(c)
(c) The agency shall document in the child's case record the characteristics of any selected level of care.
DCF 55.09(3)(a)1.1. “Level A, not applicable" children do not exhibit unusual emotional characteristics for foster children in their age group.
DCF 55.09(3)(a)2.
2. “Level B, minimal" children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:
DCF 55.09(3)(a)2.c.
c. Restless and hyperactive, having a short attention span and occasionally wetting during the night.
DCF 55.09(3)(a)2.d.
d. Exhibiting low self-esteem and lacking confidence in their ability to deal with the world.
DCF 55.09(3)(a)3.
3. “Level C, moderate" children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:
DCF 55.09(3)(a)3.a.
a. Habitually resistive and having difficulty communicating with others, often failing to do what is expected of them.
DCF 55.09(3)(a)3.b.
b. Typically respond to situations with apathy, showing a lack of any interest.
DCF 55.09(3)(a)3.c.
c. Have difficulty in establishing relationships and set up others for rejection.
DCF 55.09(3)(a)3.e.
e. Frequent night bed-wetters or occasionally defecate in bed clothes or both.
DCF 55.09(3)(a)3.f.
f. Display over-activity and over-excitedness, necessitating close supervision.
DCF 55.09(3)(a)4.
4. “Level D, intensive" children exhibit behavior that includes or corresponds in extent or degree with one or more of the following characteristics, and the characteristics are severe:
DCF 55.09(3)(a)4.c.
c. Severe hyperactivity to the point of frequent destructiveness or sleeplessness.
DCF 55.09(3)(a)4.e.
e. Self-injurious, require constant and intensive supervision and may be involved in behavioral management programs or show bizarre or severely disturbed behavior.
DCF 55.09(3)(b)1.1. “Level A, not applicable" children do not exhibit unusual behavioral characteristics for foster children in their age group.
DCF 55.09(3)(b)2.
2. “Level B, minimal" children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:
DCF 55.09(3)(b)2.b.
b. Occasionally skip classes or an entire day of school, affecting class achievement and requiring make-up school work and parent contact with the school.
DCF 55.09(3)(b)2.c.
c. Use sexual acting-out or language as an attention-getting mechanism and occasionally experiment with alcohol, drugs or both.
DCF 55.09(3)(b)2.d.
d. Infrequent conflicts with parents or community authorities, including displays of hostility and occasional petty theft, vandalism or both.
DCF 55.09(3)(b)2.e.
e. Exhibit occasional aggressive behavior such as biting, scratching or throwing objects at another person.
DCF 55.09(3)(b)3.
3. “Level C, moderate" children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:
DCF 55.09(3)(b)3.a.
a. Run away 4 to 7 times a year for 3 or 4 days at a time and requires encouragement to return.
DCF 55.09(3)(b)3.b.
b. Truant from school one to 2 times a month for more than one day, resulting in delayed academic progress including performance below their ability that may lead to class failure, possible suspension and frequent parent contact with the school.
DCF 55.09(3)(b)3.c.
c. Exhibit sexual activity harmful to themselves and disruptive to their family and community relationships.
DCF 55.09(3)(b)3.d.
d. Occasionally have been involved in non-violent crimes such as burglary, which caused conflict with authority.
DCF 55.09(3)(b)3.e.
e. Exhibit frequent aggressive behavior such as biting, scratching or throwing objects at another person.
DCF 55.09(3)(b)3.f.
f. Exhibit occasional self-abusive behavior such as banging their heads, poking their eyes, kicking themselves or biting themselves.
DCF 55.09(3)(b)4.
4. “Level D, intensive" children exhibit behavior that includes or corresponds in extent or degree with one or more of the following characteristics, and the characteristics are severe:
DCF 55.09(3)(b)4.a.
a. Runs away 8 or more times a year for 5 or more days at a time, returning only on the initiative of others.
DCF 55.09(3)(b)4.b.
b. Habitually create a disturbance in the classroom or be habitually truant from school resulting in class failure, frequent suspension or expulsion, and requiring frequent parent contact with the school.
DCF 55.09(3)(b)4.c.
c. Exhibit sexual deviancy, including that of a violent nature or nonconsenting involvement of others.
DCF 55.09(3)(b)4.e.
e. Exhibit uncontrollable behavior, be involved in property offenses repeatedly with adjudication on more than one property offense that is as serious as burglary, and have committed acts such as arson, physical assault or armed robbery.
