Sec. DCF 55.10 - Review of eligibility for subsidized guardianship payments

ยง DCF 55.10. Review of eligibility for subsidized guardianship payments

(1) CHANGES THAT MAY AFFECT ELIGIBILITY. To review a guardian and child's continued eligibility for monthly subsidized guardianship payments, an agency shall determine whether any of the following changes have occurred:

(a) There has been a change in the child's guardian.

(b) The child has entered the military.

(c) The child is married.

(d) The child is no longer living with the guardian.

(e) The child is deceased.

(f) The child has graduated, completed, or dropped out from a full-time, kindergarten to 12th grade educational program or its equivalent.

(g) The guardian is no longer supporting the child.

(h) The guardian's legal responsibility for the child has ended.

(i) The child has been placed outside the guardian's home at public expense.

(j) The child's parent is residing with the guardian and child.

(2) WHEN TO REVIEW. An agency shall review whether a child and guardian continue to be eligible for subsidized guardianship payments at the following times:

(a) An annual review date that begins not less than 12 months after the date the agency began making payments to the guardian.

(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.

Note: Section 55.12, Stats., is the statutory section on adult protective services or protective placement orders.

(c) If the agency receives notice from the guardian or otherwise knows or suspects that a change listed in sub. (1) has occurred.

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.

(d) Beginning 6 months before the child's 18th birthday, to determine whether eligibility is expected to continue under sub. (4) when the child turns 18 years old.

(3) ANNUAL REVIEW.

(a) Not less than 60 days before a guardian's annual review date under sub. (2) (a), the agency shall send an annual review questionnaire and notice on a department-prescribed form requesting that the guardian return the completed questionnaire within 30 days of receipt and informing the guardian that payments will be suspended if the agency does not receive the completed questionnaire by the guardian's annual review date. If the guardian has not returned the completed questionnaire 30 days after the agency sent the questionnaire, the agency shall send a second copy of the questionnaire and notice.

Note: Form DCF-F-2736-E, Subsidized Guardianship Request for Information to Determine Continued Eligibility, 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.

(b) If the guardian returns the annual review questionnaire during the 60-day period before the annual review date, the agency shall immediately document in the child's electronic case record the receipt of the form and whether the child and guardian continue to be eligible for monthly subsidized guardianship payments.

(4) ELIGIBILITY AFTER AGE 17.

(a) Notwithstanding s. DCF 55.02(3), a guardian and a child who is 18 years of age or older may be eligible to continue to receive monthly subsidized guardianship payments if no change affecting eligibility under sub. (1) has occurred and subd. 1., 2., or 3. applies:

1. The child is 18 years old and is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma or the equivalent.

2. The child is 19 or 20 years old and all of the following apply:

a. The child is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma or the equivalent.

b. The child has a physical, emotional, or behavioral need.

c. The social security administration has determined that the child is ineligible for Social Security disability insurance or Supplemental Security Income for not meeting the disability standard in 42 USC 423(d) or 42 USC 1382c (a).

Note:42 USC 423(d) is the definition of disability" that is used in determining eligibility for Social Security disability insurance. 42 USC 1382c(a) is the definition of aged, blind, or disabled individual" that is used in determining eligibility for Supplemental Security Income.

d. The agency determines that the child's physical, emotional, or behavioral need warrants the continuation of assistance under s. 48.623, Stats.

3. All of the following apply regarding the child:

a. The child turned 18 years of age on or after August 1, 2014, but is under 21 years of age.

b. The child is a full-time student at a secondary school or its vocational or technical equivalent.

c. There is an individualized education program under s. 115.787, Stats., in effect for the child, and the guardian or interim caretaker submits a copy to the agency.

d. The subsidized guardianship agreement for the child became effective after the child attained 16 years of age.

(am) Subsidized guardianship payments may be reinstated if a guardian or interim caretaker terminated the subsidized guardianship agreement when the child was 18 years of age or over and the child meets the requirements of par. (a) 3.

(b) To determine whether a guardian and child will continue to be eligible to receive monthly subsidized guardianship payments when the child is 18 years old, the agency may do all of the following:

1. Six months before the child's 18th birthday, the agency shall send the guardian a form prescribed by the department that notifies the guardian that subsidized guardianship payments will terminate when the child turns 18 years old unless the guardian provides information regarding potential eligibility for the payments to continue.

Note: Form DCF-F-CFS2421, Advance Notice of Termination of Subsidized Guardianship at Age 18, 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.

2. If the agency has not received the completed form under subd. 1. and any necessary documentation from the guardian by 60 days before the child's 18th birthday, the agency shall send a second copy of the form to the guardian.

3. If the agency has not received the completed form under subd. 1. or 2. with any necessary documentation from the guardian by 30 days before the child's 18th birthday, the payment for the month of the child's 18th birthday shall be the last payment under the subsidized guardianship agreement.

4. If the agency receives the completed form under subd. 1. or 2. and any necessary documentation from the guardian 30 days or more before the child's 18th birthday, the agency shall determine whether eligibility will continue when the child turns 18 years old and send the notice of decision on a form prescribed by the department within 15 days after receiving the guardian's completed form and any necessary documentation.

Note: Form DCF-F-CFS2420, Notice of Decision on Subsidized Guardianship Eligibility Status After 18, is available in the forms section of the department's website, https://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

(5) DETERMINATION. Following a review of eligibility of a guardian and child for monthly subsidized guardianship payments under this section, an agency shall do one of the following:

(a) Continue the payments.

(b) Make the last payment the month that the child turns 18 years old, except as provided in sub. (4).

(bm) 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:

1. Suspend payments for any of the following reasons:

a. The agency did not receive the completed annual review questionnaire from the guardian under sub. (3) on or before the annual review date under sub. (2) (a). If the agency receives the completed annual review questionnaire from the guardian after the review date and none of the changes affecting eligibility under sub. (1) have occurred, the agency shall reinstate payments effective the date that the agency receives the completed questionnaire.

b. The child is temporarily placed outside the guardian's home at public expense.

c. The child is temporarily not being supported by the guardian.

2. Terminate payments and other provisions in the subsidized guardianship agreement based on any of the following:

a. A change of circumstances under sub. (1) (a) to (h) or (j) has occurred.

b. The guardian requests in writing that the subsidized guardianship agreement be terminated.

(CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13. Amended by, CR 14-054: am. (4) (a) (intro.), 1., 2. a., cr. (4) (a) 3., (am) Register April 2015 No. 712, eff. 5/1/2015 Amended by, correction in (3) (a) (Note), (4) (b) 4. (Note) made under s. 13.92(4) (b) 7, Stats., Register January 2017 No. 733, eff. 2/1/2017 Amended by, CR 16-048: cr. (1) (j), r. and recr. (2) (b), am. (c), cr. (5) (bm) (intro.), renum. (5) (c) to (5) (bm) 1., renum. (5) (d) to (5) (bm) 2. and am. 2. a. Register April 2017 No. 736, eff. 5/1/2017)

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.

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