Statement of Scope
Department of
Children and Families
Rule Number:
Chapter
DCF
55
Relating to:
Subsidized Guardianship
Rule Type:
Emergency and Permanent
This statement of scope was approved by the governor
on
March 9, 2016
.
1. Finding/nature of emergency (
for
emergency rule
s
only)
2
.
Detailed description of the objective of the
rule
2015
Wisconsin Act
129
and
42
USC 673
(d) (3)
permit
the appointment of a successor guardian for a child in need of protection or services
up
on the death or incapacity of the child’s guardian.
Section
48.623 (6)
,
Stats.,
as affected by
2015 Wisconsin Act
129
,
provides
the conditions the successor guardian must meet to be eligible for monthly subsidized guardianship payments.
The emergency and proposed rules will specify the procedures for
the payment of subsidized guardianship to
a
successor guardian
of a child
.
2015
Wisconsin Act
143
permits
monthly subsidized guardianship payments to
a person who
has a significant emotional relationship with a child and who
has
developed a “like-kin” relationship with a child during the child’
s placement in out-of-home care
if the person also meets conditions in rules established by the department.
The emergency and proposed rules wi
ll establish these conditions.
Before Act 143, a person with a “like-kin” relationship with a child was only eligible
to
receive subsidized guardianship payments if the relationship existed before the child entered out-of-home care.
The rules will also provide that a guardian is not eligible to receive subsidized guardianship payments if the child’s parent is residing in the guardian’s home,
unless
the parent is residing in the guardian’s home
on a short-term basis or the guardian is providing care for both the parent and the child.
3. Detailed explanation of statutory authority for the rule
Section
48.623 (7
)
(e
)
,
Stats
.,
as
created by
2015 Wisconsin Act
129
, directs the department to promulgate rules governing the payment of monthly subsidized guardianship payments to a successor guardian of a child.
Section
48.623 (7)
(d
)
,
Stats
.,
as created by
2015
Wisconsin Act
143
, directs the department to promulgate r
ules
to establish the conditions that must be met for a person specified in s.
48.623 (1) (b) 1. c.
,
Stats.,
to be eligible for subsidized guardianship payments.
Section
48.623
(1)
(b) 1. c
.
, Stats., as created by
2015 Wisconsin Act
143
, provides that, s
ubject to the rules promulgated under
s.
48.
623
(7)
(d
)
,
Stats., a guardian may be
a person who has a significant emotional relationship with the child and who
, during the
child’s placement in out−of−home care, developed a relationship with the child that
is similar to a familial relationship.
Eligibility for subsidized guardianship
under s.
48.623 (1)
, Stats., includes the requirement that
the
child
has been
removed from his or her home under a
voluntary agreement
under s.
48.63
, Stats.,
or under a substantially similar
tribal law or under a court order containing a
finding that continued
placement of the child in his or her home would be contrary
to the welfare of the child.
Section
227.11 (2) (a)
,
Stats.,
expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency.
4
.
Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
200
hours
5
.
List with description of all entities that
may
be affected by the
emergency and
proposed rule
s
Division of Milwaukee Child Protective Services
;
c
ounty departments of soc
ial services and human services;
successor guardians,
foster parents and other potential guardians who develop a relationship with a child who is placed in out-of-home care; children in out-of-home care; children in the care of a successor guardian;
and
children in the care of a subsidized guardian.
6
.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the
emergency and
proposed rule
s
42 USC 673
(d) (3), as created by
Section 207
of
the
Preventing Sex Trafficking and Strengthening Families
Act
,
allows for continuation of subsidized guardianship payments if the guardian dies or is incapacitated
,
and a successor guardian was named in the agreement before the guardian’s death or incapacity.
Implementation of Section 207 is required as a condition of funding under Title IV-E of the Social Security Act.
Section 207
was effective September 29, 2014
,
and
Wisconsin is currently under a Program Improvement Plan du
e to delayed implementation
.
The Administration for Children and Families (ACF) Program Instruction ACYF-CB-PI-10-11,
Fostering Connections to Success and Increasing Adoptions Act of 2008 Comprehensive Guidance
, July 9, 2010, provides that a State has discretion to define the term “relative” for the purposes of the
subsidized guardianship program
. The ACF will accept a Title IV-E plan or amendment that contains a reasonable interpretation of
“
relative,
”
including a plan that limits the term to biological and legal familial ties or a plan that more broadly includes tribal kin, extended family and friends, or other “fictive kin.”
Under
42 USC 675
(a) (2) (A) and (C) and
42 USC 675
(b),
T
itle IV-E payments
are available
for “foster care”
provided by someone other than a biological parent
.
A child living with his
or her
parents would not be considered to be living in a
“
foster home
”
and, thus, would not be eligible for
Title IV-E
payments.
7
. Anticipated economic impact of implementing the rule
(note if the rule is likely to have a significant economic impact on small businesses)
None or minimal
Contact Person:
Jonelle
Brom
Bureau of Permanence and Out-of-Home Care
(608)
422-6930
