Section 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 substantially similar Wisconsin tribal law and an agreement specified in s. DCF 55.01 (2) , 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 his or her home under any of the following:

a. A voluntary agreement under s. 48.63 , Stats., or a substantially similar Wisconsin tribal law.

b. A Wisconsin court order or a substantially similar Wisconsin tribal 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.

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 his or her 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 like-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 and ss. DCF 56.05 (1) (f) and 56.055 .

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. 48.32 , 48.345 , 48.357 , 48.363 , 48.365 , 938.32 , 938.345 , 938.357 , 938.363 , or 938.365 , Stats., or a substantially similar Wisconsin 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) , Stats., or a substantially similar proceeding under Wisconsin tribal law has been dismissed.

(d) If the agency 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.

CR: 12-045: cr. Register May 2013 No. 689 , eff. 6-1-13; CR 16-014 : am. (1) (b) 3. Register June 2016 No. 726 , eff. 7-1-16.

Note

Section DCF 55.02 (7) provides that "like-kin" is a person with a significant emotional relationship with the child or the child's family and who, prior to the child's placement in out-of-home care, had an existing relationship with the child or the child's family that is similar to a familial relationship. Microsoft Windows NT 6.1.7601 Service Pack 1