Subsidized Guardianship Amendments
Children’s needs can increase and change over time and developmental stages. The subsidized guardianship program recognizes that with increased needs comes more time and financial resources to support children and families’ long-term stability. As the guardian, you are able and encouraged to ask for a review of the child’s needs that may result in increased financial assistance, also known as an amendment to the Subsidized Guardianship Agreement. Guardians who were licensed at Level 1 prior to guardianship being established are ineligible for amendments because it is based on the child’s supplemental rate.
There are specific timeframes in which you can request an amendment:
- Not less than 12 months after:
- The guardianship was established, or
- A previous request for an amendment was denied.
- Within 120 days before the expiration date of a current amendment.
Request an Amendment
To request an amendment, you need to notify the child welfare agency that there is a change in the child’s physical, behavioral, or emotional needs. Then the child welfare agency will send you a packet of paperwork to document how the child’s needs have changed. You will need to complete a form and have forms completed by a professional who can confirm the current needs of the child, such as a physician, therapist, or school personnel.
Subsidized Guardianship Amendment Request Packets
The child welfare agency must either approve the request, request additional information from you, or deny the request within 45 days of receiving all the completed amendment documentation. If the request is approved, you will receive an Amended Subsidized Guardianship Agreement reflecting the new payment rate, which is only effective for 12 months.
Amendments expire each year and need to be reviewed on an annual basis. Therefore, guardians with an amendment to their Subsidized Guardianship Agreement will have two eligibility reviews per year (e.g., review of amendment and annual eligibility review). The child welfare agency must send you a notice of your amendment expiring and the instructions to renew it.
First Renewal
At the first amendment renewal, you have two options – to continue with the same amended rate for one additional year or to request another amendment to the rate (if you think the child’s needs have substantially changed since the previous year and the rate should be higher than the current amended amount). Both options should be presented to you. You can only select the option to continue with the same payment amount for one consecutive year before you must request an amendment to the rate and follow the same process that was done to establish the amendment in the first place.
You may appeal the following child welfare agency actions or failures to act:
- The child welfare agency denied your request for an amendment or continuation of an amendment to the subsidized guardianship payment.
- The child welfare agency approved your request for an amendment at an amount that is less than the amount that you consider appropriate.
You can send the appeal via mail or hand deliver it.
Mailing Address:
Division of Hearings and Appeals
P.O. Box 7875
Madison, Wisconsin 53707
Physical Address:
4822 Madison Yards Way
5th Floor North
Madison, WI 53705
If you request a hearing within 10 days after the date of notice that your amended subsidized guardianship payment is being decreased, those payments cannot be discontinued until a decision is rendered by the Division of Hearings and Appeals. Those payments may be recovered by the child welfare agency if the contested action or failure to act is upheld, or if you withdraw or abandon the petition.