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Child

  • Has been removed from their home or voluntarily placed under a Wisconsin court order or a substantially similar tribal court order containing a finding that continued placement of the child in their home would be contrary to the welfare of the child. Consult with the child’s child welfare professional to determine if they meet this eligibility requirement.
  • Has been living with their caregiver for at least six consecutive months before guardianship is established.
    • Note, if the child was placed with the caregiver for 2 months, returned home, and was later placed back with the caregiver that 6-month timeframe would restart.
  • Reunification and adoption are determined to not be in the child’s best interest.
  • Has been consulted regarding the guardianship arrangement if they are age 14 or older.
  • Has a strong attachment to the caregiver.
  • When 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 caregiver and is in compliance with the order of placement preference unless the court found good cause for departing from that order.

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Subsidized Guardianship Resource for Caregivers Copyright © 2025 by Wisconsin Child Welfare Professional Development System. All Rights Reserved.

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