Section DCF 55.03 - Eligibility(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 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), 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 tribal law.b. A Wisconsin court order or a substantially similar 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 fictive 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, or, for a background investigation conducted by a tribal child welfare agency, all adults residing in the guardian's home have met either the requirements specified in s. 48.685, Stats., or the background check requirements for foster parent licensing under 42 USC 671 (a) (20).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 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 tribal law has been dismissed.(d) If a county department or the department 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.Wis. Admin. Code Department of Children and Families DCF 55.03
CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13.Amended by, CR 16-014: am. (1) (b) 3. Register June 2016 No. 726, eff. 7/1/2016Amended by, CR 16-048: am. (1) (c) Register April 2017 No. 736, eff. 5/1/2017Amended by, correction in (History note) made under s. 13.92(4) (b) 7, Stats., Register June 2017 No. 738, eff. 7/1/2017.Amended by, CR 21-107: am. (1) (a) 1. (intro.), b., 3. Register June 2022 No. 798, eff. 7-1-22; correction in (1) (b) 3. made under s. 35.17, Stats., Register June 2022 No. 798, eff. 7/1/2022Amended by, CR 24-007: am. (1) (intro.), (a) 1. a., b., (b) 1., 3., (c), (d) Register July 29 No. 823, eff. 8/1/2024