Amendment to adjust payment amount

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. (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. (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. (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. 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. (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. (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.