Wis. Admin. Code Department of Children and Families DCF 55.08

Current through November 25, 2024

Section DCF 55.08 - Amendment to adjust payment amount

(1) SUBSTANTIAL CHANGE IN CIRCUMSTANCES. In this section, "substantial change in circumstances" means that a documented change has occurred regarding the child in one or more areas of identified needs, including physical, behavioral, or emotional needs, that would result in a change in a supplemental payment determined under one of the following:

(a) For a subsidized guardianship agreement entered into before July 1, 2011, under s. 48.62 (5), 2009 Stats., the amount determined under s. DCF 55.09.

(b) For a subsidized guardianship agreement entered into on or after July 1, 2011, under s. 48.623, Stats., the amount determined under s. DCF 56.23 (2) (a) if the child has needs that have been identified as moderate or intensive in the areas listed in s. DCF 56.23 (2) (a) 1. a. to e.

Note: Under s. DCF 55.07 (3) (b), a guardian who was a foster parent who operated a Level 1 foster home on the date that the subsidized guardianship agreement was signed is not eligible for an amendment to adjust the subsidized guardianship payment amount.

(2) TIMING OF REQUEST. A guardian who is receiving monthly subsidized guardianship payments pursuant to an initial or amended subsidized guardianship agreement may request that the agreement be amended to increase the amount of those payments if the guardian believes that there has been a substantial change in circumstances and the timing of the request is any of the following:

(a) Not less than 12 months after any of the following occurred:

1. The guardianship was established under s. 48.977, Stats., or under a tribal court order that is substantially similar to an order under s. 48.977, Stats., and an agreement specified in s. DCF 55.01 (2) or (3).

2. A previous request for an amendment to the subsidized guardianship agreement was denied.

(b) Within 120 days before the expiration date of an amendment to the subsidized guardianship agreement.

(3) GUARDIAN REQUEST. To request an amendment to the subsidized guardianship agreement, the guardian shall do all of the following:

(a) Complete and return the request for subsidized guardianship amendment form prescribed by the department to document the guardian's observations of the child's physical, behavioral, and emotional needs.

Note: When a guardian contacts the agency about a possible amendment, the agency sends the guardian at least 2 sets of the applicable forms. The forms are available in the forms section of the department website, https://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

For a subsidized guardianship agreement entered into before July 1, 2011, the agency sends all of the following forms:

DCF-F-2813-E, Subsidized Guardianship Amendment Request - Established Before July 1, 2011.

DCF-F-2783-E, Subsidized Guardianship Amendment Request -Confirmation of Needs Behavioral Characteristics.

DCF-F-2784-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Physical/Personal Care Characteristics.

DCF-F-2785-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Emotional Characteristics.

For a subsidized guardianship agreement entered into on or after July 1, 2011, the agency sends all of the following forms that apply to the child's age:

DCF-F-2781-E, Subsidized Guardianship Amendment Request - Complete Documentation Request.

DCF-F-2867-E, Subsidized Guardianship Amendment Request - Age Birth to 5 Child and Adolescent Needs and Strengths (CANS) Version.

DCF-F-2868-E, Subsidized Guardianship Amendment Request - Age 5 to 17 Child and Adolescent Needs and Strengths (CANS) Version.

DCF-F-2869-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Emotional Characteristics (Age Birth to 5).

DCF-F-2870-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Emotional Characteristics (Age 5 to 17).

DCF-F-2871-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Behavioral Characteristics (Age Birth to 5).

DCF-F-2872-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Behavioral Characteristics (Age 5 to 17).

DCF-F-2873-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Physical/Personal Care Characteristics (Age Birth to 5).

DCF-F-2874-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Behavioral Characteristics (Age 5 to 17).

The guardian completes and returns to the agency the forms that apply to the child's needs.

(b) Submit documentation by appropriate professionals regarding the child's current needs to the agency with the amendment request. The documentation shall be on a form prescribed by the department and dated not more than 6 months before the request.

Note: The professionals complete the same forms as the guardian under par. (a).

(c) If requested by the agency, provide additional information about the child's current functioning no later than 90 days following the agency request.

(d) If requested by the agency, have the child evaluated by a specialist of the agency's choice and at the agency's expense and submit documentation requested by the agency no later than 90 days following the agency request, or by a date agreed to by the agency.

(e) If the guardian accepts the adjusted payment amount offered by the agency, sign and return the amendment to the agency.

(4) AGENCY RESPONSE. If an agency receives a guardian's request to amend a subsidized guardianship agreement under sub. (3), the agency shall do all of the following:

(a) No later than 45 days following receipt of a guardian's request, make a decision on the request from the information submitted by the guardian under sub. (3) (a) and (b) or determine that additional information is needed to make a decision. If the agency determines that additional information is needed, the agency may do any of the following:

1. Obtain technical assistance from a specialist.

2. Request that the guardian have the child evaluated by a specialist of the agency's choice and at the agency's expense.

3. Request more information about the child's current functioning from the guardian.

(b) If the agency requests more information under par. (a), make a decision on the guardian's request no later than 30 days following receipt of the additional information.

(c) Determine whether any of the following apply to the guardian:

1. A final substantiated finding has been made that the guardian abused or neglected a child.

2. A finding that is comparable to a final substantiated finding has been made in any other jurisdiction where the guardian has resided.

(d) If the agency determines that there has been a substantial change in circumstances that establishes that the child has an increase in needs in one or more categories of the supplemental payment schedule and there is no substantiated report of abuse or neglect of the child by the guardian, offer to increase the amount of the subsidized guardianship payment.

(e) Determine the new monthly subsidized guardianship payment amount based on all of the following:

1. The foster care basic maintenance and exceptional payment amounts that were included in the initial subsidized guardianship agreement.

Note: The basic maintenance payment was the amount provided under s. 48.62 (4), Stats., when the subsidized guardianship agreement was signed. The exceptional payment amount was determined under s. DCF 56.23 (3) for a subsidized guardianship agreement entered into on or after July 1, 2011, and the version of s. DCF 56.11 (4) that was repealed in 2011 for a subsidized guardianship agreement entered into before July 1, 2011.

2. An adjusted supplemental payment calculated under one of the following:

a. For a subsidized guardianship agreement entered into before July 1, 2011, under s. 48.62 (5), 2009 Stats., the rate determined under s. DCF 55.09.

b. For a subsidized guardianship agreement entered into on or after July 1, 2011, under s. 48.623, Stats., the rate determined under s. DCF 56.23 (2) (a) if the child has needs that have been identified as moderate or intensive in the areas listed in s. DCF 56.23 (2) (a) 1. a. to e.

3. If the level of points in an established supplemental payment category in s. DCF 55.09 or 56.23 (2) (a) 1. a. to e. is at the highest number of points in an intensive level of need category, no increase in payment may be offered in that category.

(f) Provide the guardian with written notice of the agency decision on the guardian's request by the deadline in par. (a) or (b). The notice shall be on a form prescribed by the department and shall include information on the guardian's right to appeal the agency decision under s. DCF 55.11. A guardian may appeal the agency's denial of a request for an increase of the monthly subsidized guardianship payment amount or the amount that the agency offers to increase the payment amount.

Note: Form DCF-F-2756-E, Notice of Approval for Amendment for Subsidized Guardianship, and form DCF-F-2765-E, Notice of Denial for Amendment for Subsidized Guardianship, are 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.

(g) If an agency offers to increase the monthly subsidized guardianship payment amount and the guardian accepts the amount that the agency offers, the agency and the guardian shall sign an amendment to the subsidized guardianship agreement that specifies the new monthly payment amount and the time period that the amendment will be effective. An amendment to a subsidized guardianship agreement may not be effective for more than one year. The amendment shall be on a form prescribed by the department.

Note: Form DCF-F-2756-E, Notice of Approval for Amendment for Subsidized Guardianship and Amended Agreement, 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.

(h) An amendment to a subsidized guardianship agreement shall be effective as follows:

1. The first amendment to a subsidized guardianship agreement is effective the first day of the month following the date that the agency receives the amendment signed by the guardian and the agency.

2. An amendment after the first amendment is effective the first day of the month following the date that both of the following have occurred:

a. The date that the agency receives the amendment signed by the guardian and the agency.

b. The date that a previous amendment has expired.

(5) REVIEW OF AMENDMENT.

(a) At least 120 days before the expiration of an amendment to a subsidized guardianship agreement, the agency shall send written notice to the guardian on a form prescribed by the department. The notice shall include the expiration date of the amendment and information on requesting continuation of the payment amount in the amendment.

Note: The agency determines which form to send based on the type of documentation that the guardian must submit under par. (c). See the notes in par. (c) for information on the required notices. In years that complete documentation is required under par. (c) 2., the agency sends to the guardian at least 2 sets of applicable forms for the guardian and appropriate professionals to complete.

(b)

1. If a guardian's request for continuation of the payment amount in an amendment is received by the agency 30 days or more before the expiration date of the amendment, the agency shall make a determination on the request under par. (f) before the current amendment expires.

2. If the agency does not receive a guardian's request for continuation of the payment amount in an amendment 30 days or more before the expiration date of the amendment, the agency shall pay the guardian the amount in the initial subsidized guardianship agreement under s. DCF 55.06 effective the first day of the first month after the amendment expires.

(c) To request continuation of the monthly subsidized guardianship payment amount in an amendment, the guardian shall submit appropriate documentation to the agency as follows:

1. Beginning with the first request for continuation of the payment amount in an amendment and for all subsequent odd-numbered requests for continuation, the guardian shall complete and return a form prescribed by the department to document that the substantial change in circumstances that was the basis for the amendment continues to exist.

Note: Form DCF-F-2767-E, Notice of Amendment Expiration - Option to Continue Current Rate, 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. Beginning with the second request for continuation of the payment amount in an amendment and for all subsequent even-numbered requests for continuation, the guardian shall do all of the following:

a. Complete and return the request for subsidized guardianship amendment form prescribed by the department to document the guardian's observations of the child's physical, behavioral, and emotional needs.

Note: The agency sends the guardian at least 2 sets of the same forms that are required for an initial amendment under sub. (3) (a). The forms are available in the forms section of the department website, https://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

For a subsidized guardianship agreement entered into before July 1, 2011, the agency sends all of the following forms:

DCF-F-2813-E, Subsidized Guardianship Amendment Request - Established Before July 1, 2011.

DCF-F-2783-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Behavioral Characteristics.

DCF-F-2784-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Physical/Personal Care Characteristics.

DCF-F-2785-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Emotional Characteristics.

For a subsidized guardianship agreement entered into on or after July 1, 2011, the agency sends all of the following forms that apply to the child's age:

DCF-F-2781-E, Subsidized Guardianship Amendment Request - Complete Documentation Request.

DCF-F-2867-E, Subsidized Guardianship Amendment Request - Age Birth to 5 Child and Adolescent Needs and Strengths (CANS) Version.

DCF-F-2868-E, Subsidized Guardianship Amendment Request - Age 5 to 17 Child and Adolescent Needs and Strengths (CANS) Version.

DCF-F-2869-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Emotional Characteristics (Age Birth to 5).

DCF-F-2870-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Emotional Characteristics (Age 5 to 17).

DCF-F-2871-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Behavioral Characteristics (Age Birth to 5).

DCF-F-2872-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Behavioral Characteristics (Age 5 to 17).

DCF-F-2873-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Physical/Personal Care Characteristics (Age Birth to 5).

DCF-F-2874-E, Subsidized Guardianship Amendment Request - Confirmation of Needs Behavioral Characteristics (Age 5 to 17).

The guardian completes and returns to the agency the forms that apply to the child's needs.

b. Submit documentation by appropriate professionals regarding the child's current needs on a form prescribed by the department and dated not more than 6 months before the request for continuation.

Note: The professionals complete the same forms as the guardian under subd. 2. a.

(d) The agency may require the guardian to provide additional information regarding the child's needs, including an evaluation by a specialist.

(e) The agency shall review the guardian's request and supporting documentation to determine whether the substantial change in circumstances that was the basis for amending the agreement continues to exist under the following criteria:

1. For a subsidized guardianship agreement entered into before July 1, 2011, under s. 48.62 (5), 2009 Stats., the rate determined under s. DCF 55.09.

2. For a subsidized guardianship agreement entered into on or after July 1, 2011, under s. 48.623, Stats., the rate determined under s. DCF 56.23 (2) (a) if the child has needs that have been identified as moderate or intensive in the areas listed in s. DCF 56.23 (2) (a) 1. a. to e.

(f)

1. Following the review under par. (e), the agency may determine any of the following:

a. The substantial change in circumstances that was the basis for the amendment continues to exist.

b. A substantial change in circumstances exists as a basis for a monthly subsidized guardianship payment that is more than the amount in the initial subsidized guardianship agreement but less than the current amendment.

c. A substantial change in circumstances no longer exists as a basis for a monthly subsidized guardianship payment that is more than the amount in the initial subsidized guardianship agreement under s. DCF 55.06.

2. The agency may not determine a monthly subsidized guardianship payment amount that is less than the amount in the initial subsidized guardianship agreement under s. DCF 55.06.

(g) The agency shall provide the guardian with written notice of the agency determination under par. (f) on a form prescribed by the department that includes information on the guardian's right to appeal the agency decision under s. DCF 55.11.

Note: Form DCF-F-2756-E, Notice of Approval for Amendment for Subsidized Guardianship and Amended Agreement, and form DCF-F-2765-E, Notice of Denial for Amendment for Subsidized Guardianship, are 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.

(h) If an agency offers a monthly subsidized guardianship payment amount that is more than the amount in the initial subsidized guardianship agreement under s. DCF 55.06 and the guardian accepts the amount that the agency offers, the agency and the guardian shall sign an amendment to the subsidized guardianship agreement that specifies the monthly payment amount and the time period that the amendment will be effective. An amendment to a subsidized guardianship agreement may not be effective for more than one year. The amendment shall be on a form prescribed by the department.

Note: Form DCF-F-2756-E, Notice of Approval for Amendment for Subsidized Guardianship and Amended Agreement, 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.

(i) The amendment shall be effective the first day of the month following the date that both of the following have occurred:

1. The date that the agency receives the amendment signed by the guardian and the agency.

2. The date that a previous amendment has expired.

(6) AGENCY PROPOSAL. An agency may propose to a person receiving monthly subsidized guardianship payments that the agreement under s. DCF 55.06 be amended to adjust the amount of those payments. If an adjustment in the amount of those payments is agreed to by the person receiving those payments, the agreement shall be amended in writing to specify the adjusted amount of those payments and shall be signed by the agency and the guardian.

Wis. Admin. Code Department of Children and Families DCF 55.08

CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; (5) (i) a., b. renumbered to (i) 1., 2. under s. 13.92(4) (b) 1, Stats., Register May 2013 No. 689.

Amended by, CR 16-014: r. and recr. (4) (c) Register June 2016 No. 726, eff. 7/1/2016

Amended by, correction in (3) (a) (Note), (5) (c) 2. a. (Note) made under s. 13.92(4) (b) 7, Stats., Register January 2017 No. 733, eff. 2/1/2017

Amended by, CR 24-007: am. (2) (a) 1. Register July 29 No. 823, eff. 8/1/2024