1. (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:

   1. (a) The prospective successor guardian demonstrates a strong commitment to caring permanently for the child.
   2. (b) If the child is age 14 years or older, the child has been consulted with regarding the successor guardianship arrangement.

   3. (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.

   4. (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.

   5. (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. (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. (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. (4) Court. An agency may not provide subsidized guardianship payments to a prospective successor guardian until all of the following occur:

   1. (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).
   2. (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. (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).

History

History: EmR1632: emerg. cr., eff. 11-18-16; CR 16-048: cr. Register April 2017 No. 736, eff. 5-1-17; CR 24-007: am. (1) (c), (d), cr. (1) (e), am. (3), (4) (a), (b), (5) Register July 2024 No. 823, eff. 8-1-24.