Chapter DCF 50

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:

DCF 50.05(2)(a) (a) Approved. The prospective adoptive parents completed the screening process in s. DCF 50.04, and the department determined that the prospective adoptive parents meet the screening criteria.

DCF 50.05(2)(b) (b) Exempt. The prospective adoptive parents are not required to complete the screening process in s. DCF 50.04 because the prospective adoptive parents are any of the following:

DCF 50.05(2)(b)1. 1. Adult relatives of a child who is legally free for public adoption or a child who is at legal risk if the department determines that the child needs an adoptive placement.

DCF 50.05(2)(b)2. 2. Prospective adoptive parents that are seeking to adopt a child who is already placed in the prospective adoptive parents’ home.

DCF 50.05(2)(b)3. 3. Upon the request of a tribal child welfare department and at the discretion of the department, prospective adoptive parents that are seeking to adopt an Indian child.

DCF 50.05(2)(c) (c) Expedited. The bureau director or a designee waived the screening process in s. DCF 50.04 and authorized the prospective adoptive parents to apply for a home study based on documentation that the prospective adoptive parents are expected to be the most suitable placement resource for a child who is legally free for public adoption or a child who is at legal risk.

DCF 50.05(3) (3) Application deadline. The public adoption agency may deny an application for a home study that is submitted more than 60 days after the prospective adoptive parents received the application.

DCF 50.05(4) (4) Incomplete application. The public adoption agency shall return an incomplete application to the applicant with a request for further information to complete the application. The public adoption agency may deny the application if the application is not complete within 60 days after the date on the notice from the public adoption agency requesting more information.

DCF 50.05(5) (5) Potential conflict of interest. A public adoption agency may not conduct a home study on an employee or a relative of an employee of the public adoption agency if the employee works in the area of the public adoption agency that issues foster home licenses or approves home studies.

DCF 50.05(6) (6) Elements of a home study. A home study of an applicant for a public adoption shall include all of the following:

DCF 50.05(6)(a) (a) The use of all components of a standardized assessment tool prescribed by the department to assist in determining approval of a placement for adoption and issuance of a license to operate a foster home. Completion shall include dates and signatures where specified by the tool. If the applicant is licensed as a foster parent using the standardized assessment tool, use of the tool as necessary to update and supplement the assessment for the purpose of adoption and for the particular child if the approval is child specific.

DCF 50.05 Note Note: The standardized assessment tool prescribed by the department is the Structured Analysis Family Evaluation (SAFE) tool. Contact the department’s Division of Safety and Permanence for further information at P.O. Box 8916, Madison, WI 53708-8916.

DCF 50.05(6)(b) (b) An assessment of current and potential parenting skills.

DCF 50.05(6)(c) (c) An assessment of ability to provide adequate financial support for a child.

DCF 50.05(6)(d) (d) An assessment of level of knowledge and awareness of adoption issues, including, if appropriate, matters relating to interracial, cross-cultural, and special needs adoptions.

DCF 50.05(6)(e) (e) The evaluation of 3 written or verbal references.

DCF 50.05(6)(f) (f) Verification of birth records for all individuals in the applicant’s household and verification of marriage, divorce, and naturalization records for the applicant, if applicable.

DCF 50.05(6)(g) (g) Verification of compliance with background check requirements in s. 48.685, Stats., and s. DCF 56.055.

DCF 50.05(6)(h) (h) The evaluation of a written statement from a physician, physician assistant, or nurse practitioner that indicates any physical or mental conditions of the applicant or any household member that may affect the ability of the applicant to provide care for a child or threaten the health or safety of a child. The statement shall be based upon a medical examination performed within the 6 months prior to the submission of the application. The public adoption agency may require any of the following:

DCF 50.05(6)(h)1. 1. An additional physical, mental health, or alcohol or drug abuse evaluation of the applicant or any other household member.

DCF 50.05(6)(h)2. 2. Authorization for the release of records relating to any physical, mental health, or alcohol or drug abuse evaluation or treatment regarding the applicant or any other household member.

DCF 50.05(7) (7) Qualifications for a home study approval. In determining whether an applicant’s home is suitable for placement of a child for the purpose of a public adoption, the public adoption agency shall consider s. 48.88, Stats., and all of the following:

DCF 50.05(7)(a) (a) The applicant shall be motivated and able to meet the child’s needs, emotionally mature with healthy interpersonal relationships, in good physical and mental health, and able to adequately support and parent the child in a healthy and emotionally secure environment.

DCF 50.05(7)(b) (b) The applicant shall have the capacity to accept and incorporate into the applicant’s family a child born to other parents and to assist the child in understanding the child’s genetic background and adoption.

DCF 50.05(7)(c) (c) The applicant shall meet the requirements for a license to operate a foster home with a certification of Level 2 or above under ch. DCF 56.

DCF 50.05(7)(d) (d) The number of individuals receiving care in the applicant’s home may not exceed 8 persons.

DCF 50.05(7)(e) (e) The applicant shall demonstrate commitment and efforts to support any biological or adopted children, including any children who are in out-of-home care or in a state treatment facility under s. 51.01 (15), Stats.

DCF 50.05(7)(f) (f) The applicant may not have had parental rights to a child terminated under the laws of a state or tribe.

DCF 50.05(7)(g) (g) The applicant shall be a resident of this state.

DCF 50.05(8) (8) Exceptions.

DCF 50.05(8)(a) (a) A public adoption agency may approve a home study for a public adoption for an applicant that does not meet a qualification in sub. (7) that is a nonstatutory requirement. If the public adoption agency approves such a home study, the agency shall include in the home study an explanation of how the exception to the qualification will not jeopardize the health, safety, or welfare of the child or other children in the home. If the home study is for a specific child’s adoption, the home study shall also include an explanation of why approving the home study is in the child’s best interest.

DCF 50.05(8)(b) (b) For a department home study, an applicant may request an exception to a nonstatutory requirement in sub. (7) that the applicant does not meet. The request shall be submitted to the department on a form prescribed by the department. The bureau director or a designee may grant an exception to a requirement in sub. (7) if the exception will not jeopardize the health, safety, or welfare of the child or other children in the home and, for a child-specific home study, if approving the home study is in the child’s best interest.

DCF 50.05 Note Note: DCF-F-5227, Exceptions Form for Home Study Qualifications, is available in forms section of the department’s website, http://dcf.wisconsin.gov, or by writing the Division of Safety and Permanence, at P.O. Box 8916, Madison, WI 53708-8916.

DCF 50.05(9) (9) Decision.

DCF 50.05(9)(a) (a) Deadline. The public adoption agency shall issue a written decision on a home study for a public adoption within 6 months after receiving a completed application.

DCF 50.05(9)(b) (b) Deferral. Notwithstanding par. (a), the public adoption agency may defer a decision if the applicant fails to meet the qualifications in sub. (7) for a reason that is expected to be temporary. The public adoption agency shall issue a written notice that states the reason for the deferral and the date by which the qualifications must be met. A deferral of a decision shall toll the deadline in par. (a).

DCF 50.05(9)(c) (c) Approval. The public adoption agency shall approve the applicant’s home study and determine that the applicant’s home is suitable for placement of a child for the purpose of adoption if the applicant meets all of the qualifications in sub. (7) or received an exception under sub. (8) to any qualification not met.

DCF 50.05(9)(d) (d) Denial.

DCF 50.05(9)(d)1. 1. The public adoption agency shall deny the applicant’s home study and determine that the applicant’s home is not suitable for placement of a child for the purpose of adoption if the applicant does not meet the qualifications in sub. (7), unless an exception under sub. (8) is granted for any qualification not met.

DCF 50.05(9)(d)2. 2. The public adoption agency may deny the applicant’s home study if any of the following applies:

DCF 50.05(9)(d)2.a. a. The applicant provided false information to the public adoption agency.

DCF 50.05(9)(d)2.b. b. The public adoption agency has reason to believe that the applicant intends to use the home study decision to meet the requirements for an adoption that would not be a public adoption.

DCF 50.05(9)(d)3. 3. A notice of denial shall include the reason for the denial. A notice of denial by the department shall include a summary of appeal rights under s. DCF 50.06.

DCF 50.05(10) (10) Post-approval notification requirements.

DCF 50.05(10)(a) (a) Prospective adoptive parents whose home study has been approved for public adoption shall notify the public adoption agency immediately if any of the following changes occur:

DCF 50.05(10)(a)1. 1. Change of household members, including death, a foster care placement, an adoptive placement, or a change in residence for a member of the household.

DCF 50.05(10)(a)2. 2. Change in residence.

DCF 50.05(10)(a)3. 3. Change in marital status.

DCF 50.05(10)(a)4. 4. Significant changes in health, income, or child care arrangements.

DCF 50.05(10)(a)5. 5. Any of the changes specified in the background check notification requirements in s. DCF 56.05 (1) (g) for any household member.

DCF 50.05(10)(a)6. 6. If the prospective adoptive parents have a foster child placed in the home, any of the serious incidents specified in the notification requirements in s. DCF 56.06.

DCF 50.05(10)(b) (b) The public adoption agency shall consider any updated information and may revise the home study findings. Prospective adoptive parents shall be notified of any change in the findings and the reasons for the change.

DCF 50.05(11) (11) Updating. Every 6 months, the public adoption agency shall contact prospective adoptive parents who are waiting for placement of a child for the purpose of adoption to request updated information and revise the home study as appropriate.

DCF 50.05 History History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in numbering in (2) (b) made under s. 13.92 (4) (b) 1., Stats., and correction in (7) (a), (9) (d) 2. made under s. 35.17, Stats., Register August 2018 No. 752.

DCF 50.06 DCF 50.06 Appeal of screening and home study denials.

DCF 50.06(1) (1) An individual who received a screening denial under s. DCF 50.04 (5) (c) or a home study denial under s. DCF 50.05 (9) (d) may send a written request for review by the bureau director or a designee within 30 days after the date of the notice of denial. No new information may be submitted. The bureau director shall make a determination and send a notice of decision within 30 days after receiving the request.

DCF 50.06 Note Note: Send a written request for a review to Director, Bureau of Permanence and Out-of-Home Care, P.O. Box 8916, Madison, WI 53708-8916.

DCF 50.06(2) (2) If the bureau director or designee upholds the screening or home study denial, the individual may send a written request for review to the division administrator within 30 days after the date of the notice of decision by the bureau director. The division administrator or a designee shall make a determination and send a notice of decision within 30 days after receiving the request. A finding by the division administrator or designee is final.

DCF 50.06 Note Note: Send a written request for a review by the division administrator to Administrator, Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.

DCF 50.06 History History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18.

DCF 50.07 DCF 50.07 Adoption information exchange.

DCF 50.07(1) (1) Services. The department shall establish or contract with an entity with expertise in adoption issues to establish an adoption information exchange that includes all of the following services:

DCF 50.07(1)(a) (a) An Internet-based photolisting of children who are legally free for public adoption and children who are at legal risk.

DCF 50.07(1)(b) (b) A register of prospective adoptive parents that meets all of the following conditions:

DCF 50.07(1)(b)1. 1. The register includes only prospective adoptive parents whose home study was approved by an adoption agency and was submitted to the adoption information exchange by the approving adoption agency.

DCF 50.07(1)(b)2. 2. The department has reviewed the home study of any prospective adoptive parents whose home study was approved by an adoption agency other than the department and determined that including the prospective adoptive parents on the register is appropriate.

DCF 50.07(1)(b)3. 3. The adoption information exchange removes a registration if any of the following conditions are met:

DCF 50.07(1)(b)3.a. a. The individual’s or couple’s adoption agency notifies the adoption information exchange that the individual or couple is no longer interested in adopting a child.

DCF 50.07(1)(b)3.b. b. The individual or couple listed on the register is not responding to inquiries from the adoption information exchange.

DCF 50.07(1)(c) (c) A matching service that attempts to match children listed in the adoption photolisting under par. (a) and the prospective adoptive parents registered with the adoption information exchange under par. (b) by providing information about registered prospective adoptive parents to public adoption agencies with photolisted children.