Wisconsin Administrative Code
Department of Children and Families
DCF 021-99 - Safety and Permanence
Chapter DCF 55 - Subsidized Guardianship
Section DCF 55.03 - Eligibility
Universal Citation: WI Admin Code ยง DCF 55.03
Current through February 26, 2024
(1) CHILD AND GUARDIAN. An agency shall provide monthly subsidized guardianship payments to a guardian of a child under s. 48.977(2), Stats., or under a substantially similar Wisconsin tribal law and an agreement specified in s. DCF 55.01 (2), if the agency determines that all of the following apply:
(a) The child meets all of
the following conditions:
1. The child has
been removed from the child's home under any of the following:
a. A voluntary agreement under s.
48.63,
Stats., or a substantially similar Wisconsin tribal law.
b. A Wisconsin court order or a substantially
similar Wisconsin tribal court order containing a finding that continued
placement of the child in the child's home would be contrary to the welfare of
the child.
2. The child
has been residing in the home of the prospective guardian for not less than 6
consecutive months immediately before guardianship is established.
3. Adoption of the child or return of the
child to the child's home is not in the child's best interests.
4. The child demonstrates a strong attachment
to the guardian.
5. If the child is
14 years of age or over, the child has been consulted regarding the
guardianship arrangement.
(b) The guardian meets all of the following
conditions:
1. The guardian is a relative of
the child or like-kin to the child.
2. The guardian has a strong commitment to
caring permanently for the child.
3. For not less than 6 consecutive months
immediately before being named as the guardian of the child, the prospective
guardian has been licensed as a foster parent and the prospective guardian and
all nonclient residents in the guardian's home have met the background check
requirements specified in s.
48.685,
Stats., and ss. DCF 56.05 (1) (f) and 56.055.
4. Before being named as the guardian of the
child, the prospective guardian entered into a subsidized guardianship
agreement with the agency under s. DCF 55.06.
(c) An 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 Wisconsin 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., has been dismissed as provided
in s.
48.977(3r)
(a), Stats., or a substantially similar
proceeding under Wisconsin tribal law has been dismissed.
(d) If the agency knows or has reason to know
that the child is an Indian child, the Indian child's parent, Indian custodian,
and tribe have been provided with notice of the child's placement in the home
of the guardian under s.
48.977(4)
(c) 2m, Stats., and the court has found under
s.
48.977(4)
(g) 4, Stats., that the home of the guardian
is in compliance with the order of placement preference under s.
48.028(7)
(b), Stats., or, if applicable, s.
48.028(7)
(c), Stats., unless the court found good
cause, as described in s.
48.028(7)
(e), Stats., for departing from that
order.
(2) SIBLINGS. An agency shall also provide subsidized guardianship payments for the care of a sibling of a child who meets the conditions under sub. (1) (a), regardless of whether the sibling meets these conditions if the agency and the guardian agree on the appropriateness of placing the sibling in the home of the guardian.
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