Scope Statements
Children and Families
This statement of scope was approved by the governor on June 8, 2012.
Rule No.
Relating to
Subsidized guardianship.
Rule Type
Emergency.
Finding/Nature of Emergency (Emergency Rule Only)
An emergency rule will need to be effective August 2012 because guardians who entered into subsidized guardianship agreements with an agency when the statewide subsidized guardianship program was implemented in August 2011 will begin to be eligible for an amendment to increase the amount of the subsidized guardianship payments. The rule will include the process for determining eligibility for an amendment.
Detailed Description of the Objective of the Proposed Rule
The emergency rule will implement s.
48.623, Stats., as created by
2011 Wisconsin Act 32, relating to the subsidized guardianship program.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
The procedures for determining whether a subsidized guardianship payment should be adjusted based on a substantial change in circumstances will be similar to the procedures used for adoption assistance and foster care.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
48.623 (7), Stats., as created by
2011 Wisconsin Act 32, provides that the department shall promulgate rules to implement s.
48.623, Stats. Those rules shall include all of the following:
•
A rule defining the substantial change in circumstances under which a person receiving monthly subsidized guardianship payments may request that an agreement be amended to increase the amount of those payments.
•
Rules establishing requirements for submitting a request and criteria for determining the amount of the increase in monthly subsidized guardianship payments that a county department or the department shall offer if there has been a substantial change in circumstances and if there has been no substantiated report of abuse or neglect of the child by the person receiving those payments.
•
Rules establishing the criteria for determining the amount of the decrease in monthly subsidized guardianship payments that the department shall offer if a substantial change in circumstances no longer exists. The criteria shall provide that the amount of the decrease offered by the department may not result in a monthly subsidized guardianship payment that is less than the initial monthly subsidized guardianship payment provided for the child.
Section
48.623 (3) (d), Stats., as created by
2011 Wisconsin Act 32, provides that the department or a county department may recover an overpayment made from a guardian or interim caretaker who continues to receive those payments by reducing the amount of the person's monthly payment. The department may by rule specify other methods for recovering those overpayments. A county department that recovers an overpayment under this paragraph due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
250 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
Children in out-of-home care, relatives of children in out-of-home care, and county departments of social or human services.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The Fostering Connections to Success and Increasing Adoptions Act of 2008 creates an option for states to operate a guardianship assistance program and receive federal reimbursement for a percentage of the expenditures under Title IV-E of the Social Security Act. Once a state adopts the option in the state plan, assistance must be provided to any child who is eligible.
42 USC 671 (a) (28) provides that an agency may enter into kinship guardianship assistance agreements to provide kinship guardianship assistance payments on behalf of children to grandparents and other relatives who have assumed legal guardianship of the children for whom they have cared as foster parents and for whom they have committed to care on a permanent basis.
42 USC 673 (d) provides that a child is eligible for kinship guardianship assistance payments if all of the following apply:
•
The child was removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination that continuation in the home would be contrary to the welfare of the child.
•
The child was eligible for foster care maintenance payments while residing for at least 6 consecutive months in the home of the prospective relative guardian.
•
Being returned home or adopted are not appropriate permanency options for the child.
•
The child demonstrates a strong attachment to the prospective relative guardian and the relative guardian has a strong commitment to caring permanently for the child.
•
With respect to a child who has attained 14 years of age, the child has been consulted regarding the kinship guardianship arrangement.
An agency may provide kinship guardianship assistance payments for a sibling of a child determined eligible, regardless of whether the sibling meets the eligibility requirements, if the agency and the relative agree on the appropriateness of placing the sibling in the home of the relative.
If subsidized guardianship payments are provided, an agency is required to enter into a written, binding kinship guardianship assistance agreement with the prospective relative guardian that provides the following:
•
The amount of each kinship guardianship assistance payment and the manner in which the payment may be adjusted periodically based on the circumstances of the relative guardian and the needs of the child, in consultation with the guardian. A kinship guardianship assistance payment on behalf of a child cannot exceed the foster care maintenance payment that would have been paid on behalf of the child if the child had remained in a foster home.
•
Any additional services and assistance that the child and relative guardian will be eligible for under the agreement and the procedure by which the relative guardian may apply for additional services as needed.
•
That the agency will pay nonrecurring expenses associated with obtaining legal guardianship of the child up to $2,000.
•
That the agreement shall remain in effect without regard to the state residency of the relative guardian.
42 USC 671 (a) (20) requires a state to provide procedures for fingerprint-based criminal records checks of relative guardians and child abuse and neglect registry checks of relative guardians and adults living the guardians' home before guardianship assistance payments may be made.
42 USC 673 (b) (3) (C) provides that a child for whom kinship guardianship assistance payments are being made is categorically eligible for Medicaid in the same manner as a child for whom foster care maintenance payments are made.
Before the Fostering Connections to Success and Increasing Adoptions Act of 2008 was adopted, 11 states operated subsidized guardianship programs as demonstration projects under federal waivers, including a Wisconsin program in Milwaukee County. The demonstration projects found that the availability of subsidized guardianship increases the number of children who exit foster care to permanent homes, maintains child safety, and saves money through reductions in out-of-home placement days and subsequent decreases in the administrative costs associated with supervising foster care cases. For a synthesis of the findings of the subsidized guardianship demonstration projects, see
http://www.acf.hhs.gov/programs/cb/programs_fund/cwwaiver/2011/subsidized.pdf.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
Minimal or no impact.
Contact Person
Jonelle Brom, Division of Safety and Permanence
(608) 264-6933
Children and Families
This statement of scope was approved by the governor on June 8, 2012.
Subject
Chapter
DCF 201, incentive program for child care administrative agencies that identify subsidy fraud committed by child care providers.
Objective and Policy Analysis
The proposed rules for the incentive program will be in accordance with the department's plan as approved by the Joint Committee on Finance on January 23, 2012.
Statutory Authority
Section 49.197 (2), Stats., as repealed and recreated by
2011 Wisconsin Act 32, provides that the department shall by rule establish an incentive program that, using moneys from the allocation under s.
49.175 (1) (p), Stats., rewards county departments, Wisconsin Works (W-2) agencies, and tribal governing bodies that administer the subsidy program for identifying fraud in the subsidy program.
The rules shall specify that a county department, W-2 agency, or tribal governing body shall receive, for identifying fraudulent activity under the subsidy program on the part of a child care provider, an amount equal to the average monthly subsidy payment per child during the prior fiscal year, multiplied by the number of children participating in the subsidy program for whom the provider provides care, multiplied by 1.5 months. A county department, W-2 agency, or tribal governing body may use payments received for any purpose for which moneys under the Temporary Assistance for Needy Families block grant program may be used under federal law.
No later than January 1, 2012, the department shall submit its plan for the incentive program to the Joint Committee on Finance for review by the committee. The department shall promulgate the rules for the incentive program in accordance with the plan as approved by the committee.
The department administers the child care subsidy program under s.
49.155, Stats. Section
227.11 (2) (a) (intro.), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
