(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. 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).
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, a county department or the
department determines the best interests of the Indian child 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.
(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.
(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 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).
(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 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).
(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).
(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).
Notes
Wis. Admin. Code
Department of Children and Families
DCF 55.125
Adopted by,
CR 16-048: cr.
Register
April 2017 No. 736, eff.
5/1/2017
Amended by,
correction in (History note) made under s.
13.92(4) (b) 7,
Stats.,
Register
June 2017 No. 738, eff. 7/1/2017
Amended by, CR 24-007: am. (1) (c), (d), cr. (1)
(e), am. (3), (4) (a), (b), (5)
Register
July 29 No. 823, eff. 8/1/2024
