Section 55.12. Interim caretaker.

 

(1)   Eligibility. Upon the death or incapacity of a guardian or upon the termination of a guardianship under s. 48.977 (7) , Stats., or under a substantially similar Wisconsin tribal law and an agreement specified in s. DCF 55.01 (2) , the agency that has been providing subsidized guardianship payments to the guardian shall provide the subsidized guardianship payments to the interim caretaker if all of the following conditions are met:

(a) Pursuant to s. 48.685 , Stats., and s. DCF 55.13 , the agency conducts a background investigation of the interim caretaker and any nonclient resident in the interim caretaker's home and determines that those individuals meet the requirements in s. 48.685 , Stats., and s. DCF 55.13 .

(b) The agency inspects the home of the interim caretaker, interviews the interim caretaker, and determines that placement of the child with the interim caretaker is in the best interests of the child. In the case of an Indian child, the best interests of the Indian child shall be determined in accordance with s. 48.01 (2) , Stats.

(c) The interim caretaker cooperates with the agency in finding a permanent placement for the child by either seeking to become the child's guardian or adoptive parent or assisting in finding other permanent resources for the child.

(d) If the agency knows or has reason to know that the child is an Indian child, the agency provides notice of the Indian child's placement in the home of the interim caretaker to the Indian child's parent, Indian custodian, and tribe and determines that the home of the interim caretaker complies with the order of placement preference under s. 48.028 (7) (b) , Stats., or, if applicable, s. 48.028 (7) (c) , Stats., unless agency finds good cause, as described in s. 48.028 (7) (e) , Stats., for departing from that order.

(2)   Time-limited. The agency shall provide the subsidized guardianship payments to an interim caretaker who is eligible under sub. (1) until he or she is licensed as a foster parent under ch. DCF 56 , except the agency may not provide subsidized guardianship payments to an interim caretaker for more than 12 months.

(3)   Payment amount. The amount of the subsidized guardianship payments to the interim caretaker shall be the most recent amount that the agency had agreed to pay the guardian under s. DCF 55.07 (2) or 55.08 .

(4)   Overpayments. An agency may recover any overpayment made to a current or former interim caretaker by any legal means as determined by the agency. An overpayment to an interim caretaker who continues to receive subsidized guardianship payments may be recovered by reducing the amount of the person's monthly payment.

CR: 12-045: cr. Register May 2013 No. 689 , eff. 6-1-13.