Wisconsin Administrative Code
Department of Children and Families
DCF 021-99 - Safety and Permanence
Chapter DCF 55 - Subsidized Guardianship
Section DCF 55.08 - Amendment to adjust payment amount
Current through February 26, 2024
(1) SUBSTANTIAL CHANGE IN CIRCUMSTANCES. In this section, "substantial change in circumstances" means that a documented change has occurred regarding the child in one or more areas of identified needs, including physical, behavioral, or emotional needs, that would result in a change in a supplemental payment determined under one of the following:
Note: Under s. DCF 55.07(3) (b), a guardian who was a foster parent who operated a Level 1 foster home on the date that the subsidized guardianship agreement was signed is not eligible for an amendment to adjust the subsidized guardianship payment amount.
(2) TIMING OF REQUEST. A guardian who is receiving monthly subsidized guardianship payments pursuant to an initial or amended subsidized guardianship agreement may request that the agreement be amended to increase the amount of those payments if the guardian believes that there has been a substantial change in circumstances and the timing of the request is any of the following:
(3) GUARDIAN REQUEST. To request an amendment to the subsidized guardianship agreement, the guardian shall do all of the following:
Note: When a guardian contacts the agency about a possible amendment, the agency sends the guardian at least 2 sets of the applicable forms. The forms are 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.
For a subsidized guardianship agreement entered into before July 1, 2011, the agency sends all of the following forms:
DCF-F-2813-E, Subsidized Guardianship Amendment Request -Established Before July 1, 2011.
DCF-F-2783-E, Subsidized Guardianship Amendment Request -Confirmation of Needs Behavioral Characteristics.
DCF-F-2784-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Physical/Personal Care Characteristics.
DCF-F-2785-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Emotional Characteristics.
For a subsidized guardianship agreement entered into on or after July 1, 2011, the agency sends all of the following forms that apply to the child's age:
DCF-F-2781-E, Subsidized Guardianship Amendment Request - Complete Documentation Request.
DCF-F-2867-E, Subsidized Guardianship Amendment Request - Age Birth to 5 Child and Adolescent Needs and Strengths (CANS) Version.
DCF-F-2868-E, Subsidized Guardianship Amendment Request - Age 5 to 17 Child and Adolescent Needs and Strengths (CANS) Version.
DCF-F-2869-E Subsidized Guardianship Amendment Request - Confirmation of Needs Emotional Characteristics (Age Birth to 5).
DCF-F-2870-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Emotional Characteristics (Age 5 to 17).
DCF-F-2871-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Behavioral Characteristics (Age Birth to 5).
DCF-F-2872-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Behavioral Characteristics (Age 5 to 17).
DCF-F-2873-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Physical/Personal Care Characteristics (Age Birth to 5).
DCF-F-2874-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Behavioral Characteristics (Age 5 to 17).
The guardian completes and returns to the agency the forms that apply to the child's needs.
Note: The professionals complete the same forms as the guardian under par. (a).
(4) AGENCY RESPONSE. If an agency receives a guardian's request to amend a subsidized guardianship agreement under sub. (3), the agency shall do all of the following:
Note: The basic maintenance payment was the amount provided under s. 48.62(4), Stats., when the subsidized guardianship agreement was signed. The exceptional payment amount was determined under s. DCF 56.23(3) for a subsidized guardianship agreement entered into on or after July 1, 2011, and the version of s. DCF 56.11(4) that was repealed in 2011 for a subsidized guardianship agreement entered into before July 1, 2011.
Note: Form DCF-F-2756-E, Notice of Approval for Amendment for Subsidized Guardianship, and form DCF-F-2765-E, Notice of Denial for Amendment for Subsidized Guardianship, are 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.
Note: Form DCF-F-2756-E, Notice of Approval for Amendment for Subsidized Guardianship and Amended Agreement, 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.
(5) REVIEW OF AMENDMENT.
Note: The agency determines which form to send based on the type of documentation that the guardian must submit under par. (c). See the notes in par. (c) for information on the required notices. In years that complete documentation is required under par. (c) 2., the agency sends to the guardian at least 2 sets of applicable forms for the guardian and appropriate professionals to complete.
Note:Form DCF-F-2767-E, Notice of Amendment Expiration Option to Continue Current Rate, 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.
Note: The agency sends the guardian at least 2 sets of the same forms that are required for an initial amendment under sub. (3) (a). The forms are 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.
For a subsidized guardianship agreement entered into before July 1, 2011, the agency sends all of the following forms:
DCF-F-2813-E, Subsidized Guardianship Amendment Request - Established Before July 1, 2011.
DCF-F-2783-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Behavioral Characteristics.
DCF-F-2784-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Physical/Personal Care Characteristics.
DCF-F-2785-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Emotional Characteristics.
For a subsidized guardianship agreement entered into on or after July 1, 2011, the agency sends all of the following forms that apply to the child's age:
DCF-F-2781-E, Subsidized Guardianship Amendment Request - Complete Documentation Request.
DCF-F-2867-E, Subsidized Guardianship Amendment Request - Age Birth to 5 Child and Adolescent Needs and Strengths (CANS) Version.
DCF-F-2868-E, Subsidized Guardianship Amendment Request - Age 5 to 17 Child and Adolescent Needs and Strengths (CANS) Version.
DCF-F-2869-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Emotional Characteristics (Age Birth to 5).
DCF-F-2870-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Emotional Characteristics (Age 5 to 17).
DCF-F-2871-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Behavioral Characteristics (Age Birth to 5).
DCF-F-2872-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Behavioral Characteristics (Age 5 to 17).
DCF-F-2873-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Physical/Personal Care Characteristics (Age Birth to 5).
DCF-F-2874-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Behavioral Characteristics (Age 5 to 17).
The guardian completes and returns to the agency the forms that apply to the child's needs.
Note: The professionals complete the same forms as the guardian under subd. 2. a.
Note: Form DCF-F-2756-E, Notice of Approval for Amendment for Subsidized Guardianship and Amended Agreement, and form DCF-F-2765-E, Notice of Denial for Amendment for Subsidized Guardianship, are 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.
Note: Form DCF-F-2756-E, Notice of Approval for Amendment for Subsidized Guardianship and Amended Agreement, 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.
(6) AGENCY PROPOSAL. An agency may propose to a person receiving monthly subsidized guardianship payments that the agreement under s. DCF 55.06 be amended to adjust the amount of those payments. If an adjustment in the amount of those payments is agreed to by the person receiving those payments, the agreement shall be amended in writing to specify the adjusted amount of those payments and shall be signed by the agency and the guardian.