Chapter DCF 50

DCF 50.11   Amount of adoption assistance.

DCF 50.12   Supplemental payments under adoption assistance agreements entered into before July 1, 2011.

DCF 50.13   Adoption assistance agreement.

DCF 50.14   Amendment to adjust payment amount.

DCF 50.15   Notification and review requirements.

DCF 50.16   Adoption assistance overpayments.

DCF 50.17   Adoption assistance reviews and appeals.

Ch. DCF 50 Note Note: Sections PW-CY 40.30 to 40.35 were repealed effective January 31, 1984 and a new chapter HSS 50 was created effective February 1, 1984. Chapter HSS 50 was renumbered chapter HFS 50 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, May, 1999, No. 521. Chapter HFS 50 was renumbered to chapter DCF 50 under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635. Chapter DCF 50 was repealed and a new chapter DCF 50 was created effective September 1, 2018 by CR 18-001.

DCF 50.01 DCF 50.01 Authority and purpose.

DCF 50.01(1) (1) Facilitating public adoptions. Sections DCF 50.02 to 50.08 are promulgated under the authority of ss. 48.48 (1), (2), and (8), 48.55 (2), 48.88 (2), and 227.11 (2), Stats., to facilitate public adoptions by doing all of the following:

DCF 50.01(1)(a) (a) Establishing criteria and procedures for determining if prospective adoptive parents are qualified to adopt a child who is under the guardianship of a public adoption agency in this state.

DCF 50.01(1)(b) (b) Connecting children who are legally free for public adoption and children who are at legal risk with qualified prospective adoptive parents through a state adoption information exchange.

DCF 50.01(2) (2) Adoption assistance. Sections DCF 50.02 and 50.09 to 50.17 are promulgated under the authority of s. 48.975, Stats., to specify criteria and procedures necessary to implement the adoption assistance program, under which the department makes payments to adoptive or proposed adoptive parents of an eligible child with special needs when the department determines such assistance is necessary to assure the child’s adoption.

DCF 50.01 History History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in (1) (intro.) under s. 35.17, Stats., Register August 2018 No. 752.

DCF 50.02 DCF 50.02 Definitions. In this chapter:

DCF 50.02(1) (1) “Adoption” means a process provided by law to establish the legal relationship of parent and child between persons who do not have that relationship by birth, with the same mutual rights, obligations, and legal consequences that exist between the child and the child’s biological parents.

DCF 50.02(2) (2) “Adoption agency” means a public or private adoption agency that is licensed to accept guardianship and to place children under its guardianship for adoption, to license and maintain foster homes for the purpose of placing children for adoption, or both.

DCF 50.02(3) (3) “Adoption assistance” means payments by the department to the adoptive or proposed adoptive parents of a child that are designed to assist in the cost of care of that child after an agreement under s. 48.975 (4), Stats., has been signed and the child has been placed for adoption with the adoptive or proposed adoptive parents. “Adoption assistance” may include monthly payments by the department under s. 48.975 (3) (a), Stats.; medical assistance under Title XIX of the Social Security Act of 1935, as amended, as provided under s. 48.975 (3) (b), Stats.; or reimbursement of nonrecurring adoption expenses as provided under s. 48.975 (3) (c), Stats.

DCF 50.02(4) (4) “Adoption information exchange” means a department program created to facilitate the adoption of children who are legally free for public adoption by promoting public adoptions and connecting children who are legally free for public adoption and children who are at legal risk with qualified prospective adoptive parents.

DCF 50.02(5) (5) “Bureau director” means the director of the division’s bureau of permanence and out-of-home care.

DCF 50.02(6) (6) “Child” means a person under 18 years of age.

DCF 50.02 Note Note: An adoptee who is 18 years of age or over, but under 21 years of age, may be eligible for adoption assistance under s. DCF 50.15 (3).

DCF 50.02(7) (7) “County department” means a county department of social services under s. 46.22, Stats.; a county department of human services under s. 46.23, Stats.; or, in a county having a population of 750,000 or more, the department.

DCF 50.02(8) (8) “Department” means the department of children and families.

DCF 50.02(9) (9) “Division” means the department’s division of safety and permanence.

DCF 50.02(10) (10) “Division of hearings and appeals” means the division of hearings and appeals in the department of administration.

DCF 50.02(11) (11) “Final substantiated finding” means all of the following:

DCF 50.02(11)(a) (a) A final determination made after January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 5m., Stats., and s. DCF 40.04 if the final determination has not been reversed or modified on appeal.

DCF 50.02(11)(b) (b) A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4., Stats., if the determination has not been reversed or modified on appeal.

DCF 50.02(12) (12) “Foster home” means a facility operated by a person licensed under s. 48.62 (1), Stats.

DCF 50.02(13) (13) “Home study” means an investigation to determine whether the prospective adoptive parents’ home is suitable for placement of a child for the purpose of a public adoption.

DCF 50.02(14) (14) “Indian child” has the meaning given in s. 48.02 (8g), Stats.

DCF 50.02(15) (15) “Legal risk” means the status of a child who has a permanency plan that includes adoption when the parental rights of one or both of the child’s parents have not been not been terminated under the laws of a state or tribe or when a court order terminating parental rights is being appealed.

DCF 50.02(16) (16) “Legally free for public adoption” means the status of a child when the legal rights of the child’s parents have been severed through death or a termination of parental rights under ss. 48.40 to 48.437, Stats., the laws of another state, or the laws of a tribe in this state, and the court has transferred guardianship and custody of the child to a public adoption agency pending adoptive placement.

DCF 50.02(17) (17) “Nurse practitioner” has the same meaning as “advanced practice nurse” under s. N 8.02 (1).

DCF 50.02(18) (18) “Out-of-home care” means care in a foster home, a group home under s. 48.625, Stats., or a residential care center for children and youth under s. 48.60, Stats.

DCF 50.02(19) (19) “Permanency plan” means a plan required under s. 48.38 (2), Stats., that is designed to ensure that a child is safely reunified with the child’s family whenever appropriate, or that the child quickly attains a safe placement or home providing long-term stability.

DCF 50.02(20) (20) “Photolisting” means publication of photos and descriptions of children who are or may be available for public adoption to assist prospective adoptive parents identify a child to adopt.

DCF 50.02(21) (21) “Physician” has the same meaning as in s. 448.01 (5), Stats.

DCF 50.02(22) (22) “Physician assistant” has the same meaning as in s. 448.971 (2), Stats.

DCF 50.02(23) (23) “Private adoption agency” means a child welfare agency with the powers and duties of an adoption agency under ss. 48.60 and 48.61 (5) and (7), Stats., or a comparable agency authorized under the laws of another state.

DCF 50.02(24) (24) “Proposed adoptive parents” means an individual or married couple that an adoption agency has identified as the prospective adoptive parents for a specific child.

DCF 50.02(25) (25) “Prospective adoptive parents” means an individual or married couple that is going through the process to become adoptive parents.

DCF 50.02(26) (26) “Public adoption” means the adoption of a child under the guardianship of the department, a county department, or a tribal child welfare department in this state if the adoption is under the laws of this state.

DCF 50.02(27) (27) “Public adoption agency” means the department, a county department, or a tribal child welfare department in this state.

DCF 50.02(28) (28) “Relative” has the same meaning as in s. 48.02 (15), Stats.

DCF 50.02(29) (29) “Supplemental payment” means the portion of a monthly adoption assistance payment that is based on a child’s identified needs.

DCF 50.02 History History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; numbering correction in (24), (25) under s. 13.92 (4) (b) 1., Stats., Register August 2018 No. 752; CR 21-107: am. (11) (b) Register June 2022 No. 798, eff. 7-1-22; correction in (22) made under s. 13.92 (4) (b) 7., Stats., Register January 2023 No. 805.

DCF 50.03 DCF 50.03 Need for adoptive parents.

DCF 50.03(1) (1) Assessment. The department shall periodically determine the need to recruit prospective adoptive parents considering a public adoption by reviewing all of the following:

DCF 50.03(1)(a) (a) Children who need or may need adoptive parents.

DCF 50.03(1)(a)1. 1. The number of children for whom any of the following conditions are met:

DCF 50.03(1)(a)1.a. a. The children are legally free for public adoption and do not have proposed adoptive parents.

DCF 50.03(1)(a)1.b. b. The children are at legal risk and do not have proposed adoptive parents.

DCF 50.03(1)(a)2. 2. The characteristics of the children who meet the conditions under subd. 1., including the children’s ages, race, ethnicity, sibling status, and level of special needs.

DCF 50.03(1)(b) (b) Prospective adoptive parents.

DCF 50.03(1)(b)1. 1. The number of prospective adoptive parents whose home study has been approved for a public adoption that are searching for a child to adopt.

DCF 50.03(1)(b)2. 2. The characteristics of the prospective adoptive parents and the characteristics of the children these prospective adoptive parents are willing to adopt.

DCF 50.03(2) (2) Information for recruitment. After each assessment under sub. (1), the department shall provide updated information to the adoption information exchange, public adoption agencies, and persons making inquiries on the types of prospective adoptive parents considering a public adoption that are most needed for children who meet the conditions under sub. (1) (a) 1.

DCF 50.03 History History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18.

DCF 50.04 DCF 50.04 Screening for public adoption.

DCF 50.04(1) (1) Informational meetings.

DCF 50.04(1)(a) (a) The department shall offer informational meetings for prospective adoptive parents considering a public adoption.

DCF 50.04(1)(b) (b) The meetings shall include information on all of the following:

DCF 50.04(1)(b)1. 1. Adoption procedures and resources.

DCF 50.04(1)(b)2. 2. The general characteristics of children who need or may need adoptive parents under s. DCF 50.03 (1) (a).

DCF 50.04(1)(b)3. 3. The type of prospective adoptive parents that are most needed based on the most recent assessment under s. DCF 50.03.

DCF 50.04(2) (2) Screening form.

DCF 50.04(2)(a) (a) The department shall provide a screening form to the prospective adoptive parents at the informational meeting.

DCF 50.04(2)(b) (b) Prospective adoptive parents may only obtain a screening form at an informational meeting.

DCF 50.04(3) (3) Screening criteria. The department may limit the total number of prospective adoptive parents selected for an adoption home study and shall screen prospective adoptive parents based on the following criteria:

DCF 50.04(3)(a) (a) The home study of the prospective adoptive parents is likely to be approved.

DCF 50.04(3)(b) (b) The prospective adoptive parents would be a good match for the type of children who are legally free for public adoption or are at legal risk.

DCF 50.04(3)(c) (c) Prospective adoptive parents willing to accept placement of a child who is at legal risk.

DCF 50.04(3)(d) (d) Preference may be given to the following types of prospective adoptive parents:

DCF 50.04(3)(d)1. 1. Prospective adoptive parents with greater interest or experience in caring for children with special needs, including particular types of special needs, particular levels of special needs, or multiple types of special needs.

DCF 50.04(3)(d)2. 2. Prospective adoptive parents that will accept sibling groups for placement and encourage and support sibling contact when siblings must be separated.

DCF 50.04(4) (4) Additional information. The department may obtain additional information needed to make a screening decision by requesting additional written information or by conducting a screening interview.

DCF 50.04(5) (5) Screening determination.

DCF 50.04(5)(a) (a) Deadline for determination. The department shall determine whether prospective adoptive parents meet the screening criteria in sub. (3) within 30 days after receiving all requested information under sub. (4).

DCF 50.04(5)(b) (b) Approval. The department shall send an application for a home study to prospective adoptive parents that meet the screening criteria in sub. (3).

DCF 50.04(5)(c) (c) Denial. The department shall send a written notice of denial to prospective adoptive parents that do not meet the screening criteria under sub. (3). The notice shall specify the reasons for the denial and include information on appeal rights under s. DCF 50.06.

DCF 50.04 History History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in numbering in (3) made under s. 13.92 (4) (b) 1., Stats., Register August 2018 No. 752.

DCF 50.05 DCF 50.05 Home study for public adoption.

DCF 50.05(1) (1) Definition. In this section “applicant” means prospective adoptive parents who apply for a home study under this section and are any of the following:

DCF 50.05(1)(a) (a) An adult married couple who live together, have been married for at least one year on the date of application, and are applying for a home study jointly.

DCF 50.05(1)(b) (b) An unmarried adult individual.

DCF 50.05(2) (2) Eligible to apply. Prospective adoptive parents may apply for a home study if any of the following conditions are met: