Wisconsin Administrative Code
Department of Children and Families
DCF 021-99 - Safety and Permanence
Chapter DCF 55 - Subsidized Guardianship
Section DCF 55.125 - Successor guardian
Current through February 26, 2024
(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:
Note: The agency is not required to issue a license to the prospective successor guardian.
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.
(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 substantially similar Wisconsin tribal law and an agreement specified in s. DCF 55.01(2).
(4) COURT. An agency may not provide subsidized guardianship payments to a prospective successor guardian until all of the following occur:
(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 substantially similar Wisconsin tribal law and an agreement specified in s. DCF 55.01(2).
