Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 55 - Subsidized Guardianship › Section DCF 55.06 - Subsidized guardianship agreement

Current through June 24, 2024
(1) An agency shall
				enter into a written, signed subsidized guardianship agreement with a
				prospective guardian before guardianship is established under s.
				48.977,
				Stats., or under a substantially similar Wisconsin tribal law and an agreement
				specified in s.
				DCF
				55.01(2), and before providing
				subsidized guardianship payments to the guardian. The agency shall provide the
				prospective guardian with a copy of the signed agreement.
(2) The subsidized guardianship agreement
				shall be on a form prescribed by the department and specify all of the
				following:
(a) The amount of the monthly
				subsidized guardianship payments that will be provided under the
				agreement.
(b) The manner in which
				subsidized guardianship payments may be adjusted periodically based on the
				circumstances of the guardian and needs of the child, in consultation with the
				guardian.
(c) A description of any
				additional services and assistance that the child or guardian will be eligible
				for under the agreement and the procedures by which the guardian may apply for
				the additional services and assistance as needed.
(d) That the agency will pay or reimburse the
				total cost of nonrecurring expenses directly related to obtaining guardianship
				of the child, not to exceed $2,000, including court costs, attorney fees, and
				other reasonable and necessary expenses.
(e) That the agreement will remain in effect
				without regard to the state of residence of the guardian.
(f) That medical assistance provided under
				Title XIX of the Social Security Act of 1935, as amended, is available to the
				child as follows:
1. Medical assistance will
				be provided in accordance with the procedures of the state in which the child
				resides, except if a child receiving subsidized guardianship payments from an
				agency in Wisconsin is not eligible for medical assistance in the child's state
				of residence, the child is eligible for Wisconsin's medical assistance program
				under ss.
				49.43 to
				49.497,
				Stats.
2. Medical assistance may
				not be used as primary insurance coverage for care of a child that is covered
				by a guardian's private health insurance. A prospective guardian shall complete
				a form prescribed by the department of health services to provide information
				on any private health insurance coverage before guardianship is established
				under s.
				48.977,
				Stats., or a substantially similar Wisconsin tribal law.
Note:
Form HCF-10115,
BadgerCare
				  Plus/Medicaid Health Insurance Information
, is available in the forms
				  section of the Department of Health Services website,
http://www.dhs.wisconsin.gov
,
				  or from the Division of Health Care Access and Accountability, P.O. Box 309
				  Madison, WI 53701-0309.
(g) The agency's responsibility to release
				medical, educational, and other historical information the agency has about the
				child to the prospective guardian, in accordance with applicable law.
(h) That if any of the following occur, the
				guardian shall notify the agency within 10 calendar days of the effective date:
1. The guardian's address changes.
2. There is a change in the child's
				guardian.
3. The child enters the
				military.
4. The child gets
				married.
5. The child is no longer
				living in the home of the guardian.
6. The child is deceased.
7. The child completes high school or an
				equivalent educational program after reaching 18 years of age.
8. If the child is covered by the guardian's
				health insurance and the guardian's health insurance benefits change or if the
				child was not covered by the guardian's health insurance and becomes
				covered.
9. The guardian is no
				longer supporting the child or is no longer legally responsible for supporting
				the child.
10. The child is placed
				outside the guardian's home at public expense.
11. The child's parent is residing with the
				guardian.
(i) The
				guardian's responsibility to complete and return to the agency the annual
				review questionnaire under s.
				DCF
				55.10(3) in a timely manner to allow
				the agency to determine whether the child and guardian remain eligible for
				subsidized guardianship payments.
(j) A description of the terms upon which the
				subsidized guardianship agreement may terminate under s.
				DCF
				55.10(5) (bm) 2.
(k) That an agency may recover any
				overpayment of subsidized guardianship payments from a current or former
				guardian by any legal means as determined by the agency. An overpayment to a
				guardian who continues to receive subsidized guardianship payments may be
				recovered by reducing the amount of the person's monthly payment.
(L) That the guardian may be eligible for
				adoption assistance under s.
				48.975,
				Stats., and
				42 USC
				673 for care of the child if the guardian
				later decides to adopt the child. In determining eligibility for adoption
				assistance, the placement of the child in the home of the guardian and any
				subsidized guardianship payments will be considered to have never been
				made.
(m) That the guardian may
				name a prospective successor guardian of the child to assume the duty and
				authority of guardianship upon the death or incapacity of the guardian. The
				prospective successor guardian would be eligible for monthly subsidized
				guardianship payments only if the conditions specified in s.
				48.623(6)
				(bm), Stats., and s.
				DCF 55.125 are
				met and the court appoints the successor guardian to assume the duty and
				authority of guardianship under s.
				48.977(5m),
				Stats., or under a substantially similar Wisconsin tribal law and an agreement
				specified in s.
				DCF
				55.01(2).