Wis. Admin. Code Department of Children and Families DCF 55.05

Current through November 25, 2024
Section DCF 55.05 - Eligibility determination and documentation
(1) For a child whose permanency goal will include placement with a guardian and the receipt of subsidized guardianship payments, an agency shall provide a description of all of the following on a form prescribed by the department:
(a) The efforts that the agency has made to return the child to the child's home and the reasons the agency has determined that return to the home is not in the child's best interests.
(b) The steps the agency has taken to determine that adoption is not in the child's best interests and the reasons why adoption is not being pursued, including the efforts the agency has made to discuss adoption by the prospective guardian as a more permanent alternative to guardianship and documentation of the reasons the prospective guardian has chosen not to pursue adoption.
(c) Reasons a permanent placement with a subsidized guardianship arrangement is in the child's best interests, including the ability of the prospective guardian to manage the child's relationship with the child's parents.
(d) If the child is an Indian child, a county department or the department includes a description of how the guardianship meets the requirements for placement preferences under s. 48.028 (7) (b), Stats., or if applicable, s. 48.028 (7) (c), Stats., unless good cause is determined under s. 48.028 (7) (e), Stats.
(e) The ways in which the eligibility requirements for subsidized guardianship payments under s. DCF 55.03 are met.
(f) Reasons for any separation of siblings during the placement with the guardian.
(g) The efforts made by the agency to discuss the subsidized guardianship arrangement with the child's parents or reasons why efforts were not made.

Note: Form DCF-F-2691, Subsidized Guardianship Eligibility Determination and Permanency Plan Addendum, 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.

(2) A county department or the department shall enter the completed form under sub. (1) in the child's permanency plan and submit the form to the court with the court report under s. 48.977 (4) (e), Stats. A tribal child welfare agency shall submit the completed form under sub. (1) and the court report to the court that will be issuing the guardianship order.
(3) If a person submits to the agency a written request for a determination of eligibility for subsidized guardianship payments, the agency shall provide a written determination of eligibility to the person no later than 30 days after receiving the request. The determination shall include a notice of the person's right to appeal the agency determination under s. DCF 55.11.

Wis. Admin. Code Department of Children and Families DCF 55.05

CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13.
Amended by, CR 21-107: am. (1) (a), (c) Register June 2022 No. 798, eff. 7/1/2022
Amended by, CR 24-007: am. (title), (1) (intro.), (d), (2) Register July 29 No. 823, eff. 8/1/2024