Wisconsin Administrative Code
Department of Children and Families
DCF 021-99 - Safety and Permanence
Chapter DCF 55 - Subsidized Guardianship
Section DCF 55.02 - Definitions

Universal Citation: WI Admin Code ยง DCF 55.02

Current through February 26, 2024

In this chapter:

(1) "Agency" means a county department of social services under s. 46.22, Stats.; a county department of human services under s. 46.23, Stats.; or, in a county having a population of 750,000 or more, the department.

(2) "Background information disclosure" means the form prescribed by the department on which a person provides information for purposes of the background check under s. 48.685, Stats.

Note: Form 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.

(3) "Child" means a person less than 18 years of age, except as provided in s. DCF 55.10 (4).

(4) "Department" means the department of children and families.

(5) "Division of hearings and appeals" means a division in the department of administration.

(5m) "Final substantiated finding" means all of the following:

(a) A final determination made after January 1, 2015, that a person has abused or neglected a child under s. 48.981(3) (c) 5m, Stats., and s. DCF 40.04 if the final determination has not been reversed or modified on appeal.

(b) A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981(3) (c) 4, Stats., if the determination has not been reversed or modified on appeal.

(6) "Interim caretaker" means a person seeking or receiving payments under s. 48.623(6) (am), Stats.

(7) " Like-kin" means a person who has a significant emotional relationship with the child or the child's family and to whom any of the following applies:

(a) Prior to the child's placement in out-of-home care, the person had an existing relationship with the child or the child's family that is similar to a familial relationship.

(b) During the child's placement in out-of-home care, the person developed a relationship with the child or the child's family that is similar to a familial relationship and all of the following apply:
1. The person is a foster parent who has had a relationship with the child for at least 2 years.

2. The child is 14 years of age or older.

3. The child has been placed in out-of-home care for 15 out of the last 22 months.

4. The agency or court determines that placement with a fit and willing relative is not in the child's best interest.

(8) "Nonclient resident" has the same meaning as in s. DCF 12.02 (18).

(9) "Out-of-home care" for the purpose of sub. (7) means physical custody of a child or juvenile under any of the following paragraphs:

(a) Sections 48.205(1), 48.207, 48.208, 48.209, 48.21, 48.32, 48.345, 48.357, 48.363, or 48.365, Stats., or a substantially similar Wisconsin tribal law.

(b) Sections 938.205(1), 938.207, 938.208, 938.209, 938.21, 938.32, 938.345, 938.357, 938.363, or 938.365, Stats., or a substantially similar Wisconsin tribal law.

(c) A voluntary placement agreement under s. 48.63(1), Stats., or a substantially similar Wisconsin tribal law.

(10) "Permanency plan" has the same meaning as in ss. 48.38(1) (b) and 938.38(1) (b), Stats.

Note: Sections 48.38(1) and 938.38(1) (b) provide that "permanency plan" means "a plan designed to ensure that a child is reunified with the child's family whenever appropriate, or that the child quickly attains a placement or home providing long-term stability."

(11) "Relative" has the same meaning as in s. 48.02(15), Stats.

(12) "Subsidized guardianship payment" means a payment pursuant to an agreement between an agency and a guardian entered into under s. 48.623, Stats., or s. 48.62(5), 2009 Stats.

(13) "Supplemental payment" means the portion of a subsidized guardianship payment that is based on a child's identified needs.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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