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(b) A public adoption agency shall consider the availability of a placement for adoption with a relative of the child who is identified in the child’s permanency plan or is otherwise known to the public adoption agency, as required under s. 48.834 (1), Stats.
(c) If a child has one or more siblings who have been adopted or have been placed for adoption, the public adoption agency shall make reasonable efforts to place the child with an adoptive parent or proposed adoptive parent of such a sibling who is identified in the child’s permanency plan or otherwise known to the public adoption agency, unless the public adoption agency determines that a joint placement would be contrary to the safety or well-being of the child or the sibling, as required under s. 48.834 (2), Stats.
(d) If the child is an Indian child, the public adoption agency shall comply with the order of placement preference under s. 48.028 (7), Stats., unless there is good cause as described in s. 48.028 (7) (e), Stats., for departing from that order.
(2)Removal from foster home. Before the adoption is final, an agency appointed as guardian of the child under s. 48.427 (3m) (a) 1. to 4., (am), or (b), Stats., may remove the child from the child’s placement under s. 48.437, Stats.
(3)Placement not guaranteed. Prospective adoptive parents whose home study has been approved are not guaranteed placement or continued placement of a child.
History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18.
DCF 50.09Eligibility for adoption assistance. The department shall determine if all of the following conditions are met before entering into an agreement to provide adoption assistance for a child:
(1)Eligibility criteria for the child.
(a) Age. The child is under 18 years of age at the time of adoption.
(b) Special needs. The child has any of the following special needs at the time of the adoptive placement:
1. The child is 7 years of age or older if age is the only factor in determining eligibility.
2. The child is a member of a sibling group of 2 or more children that must be placed together.
a. For an adoption assistance agreement entered into before July 1, 2011, the child exhibits special need characteristics judged to be moderate or intensive under the schedule of difficulty-of-care levels specified in s. DCF 50.12 (3).
b. For an adoption assistance agreement entered into on or after July 1, 2011, the child has a total of 5 or more needs that have been identified as moderate or intensive in the areas listed in s. DCF 56.23 (2) (a) 1. a. to e. in the rate schedule under s. DCF 56.23 (2) (a).
4. The child belongs to a minority race and children of that minority race cannot be readily placed due to a lack of appropriate placement resources.
5. The child is an Indian child.
6. The child does not have a documented special need under subds. 1. to 5. but is a child at high risk of developing a moderate or intensive level of special needs described in subd. 3. based on any of the following:
a. Either or both of the child’s birth parents have a documented medical diagnosis or medical history that could result in a condition for the child described in subd. 3. at a later time.
b. The child’s birth mother received inappropriate prenatal care that could later result in the child developing special needs described in subd. 3., and the inappropriate care is documented in medical or hospital records.
c. The child’s birth mother used harmful drugs or alcohol during pregnancy that could later result in the child developing special needs described in subd. 3., and the birth mother’s use of the harmful drugs or alcohol during pregnancy is documented in medical, hospital, law enforcement, or court records; the records of a county department or the department; or the records of an agency under contract with a county department or the department to provide child welfare services.
d. The child has experienced 4 or more placements with extended family or in foster homes that could affect the normal attachment process.
e. The child experienced neglect in the first 3 years of life or sustained physical injury or physical disease that could have a long-term effect on physical, emotional, or intellectual development.
(c) Availability for adoption. At the time of placement for adoption, all of the following conditions are met:
1. The child is under the guardianship of an adoption agency or in a subsidized guardianship under s. 48.623, Stats, if guardianship is transferred to a public or private adoption agency before the child is placed under s. 48.833, Stats.
2. The court, department, county department, tribal child welfare department, or the child’s adoption agency has determined that the child cannot or should not return to the child’s parents.
(d) Wisconsin responsibility.
1. ‘Interstate adoptions.’ Adoption assistance may be provided for a child brought to Wisconsin for adoption from another state under ss. 48.98 and 48.99, Stats., if the public child welfare agency in the child’s previous state of residence does not have responsibility for placement and care of the child under applicable federal law regarding Title IV-E of the Social Security Act, as amended.
2. ‘Intercountry adoptions.’
a. No adoption assistance may be provided for a child that was adopted outside of the United States or was brought to the United States for the purpose of being adopted.
b. Notwithstanding subd. 2. a., adoption assistance may be provided for an otherwise eligible child that is placed in out-of-home care subsequent to the failure, as determined by the department, of the initial adoption.
(2)Reasonable efforts to assure adoption.
(a) Documented search for suitable adoptive placement.
1. The adoption agency shall make reasonable efforts to place the child with the best available prospective adoptive parents without providing adoption assistance. The agency shall document the search efforts in the child’s record.
2. The adoption agency’s search efforts shall include consideration of a number of prospective adoptive parents, including all of the following:
a. Relatives of the child.
b. The adoptive parents of a sibling or the proposed adoptive parents of a sibling placed with the proposed adoptive parents as required under s. 48.834 (2), Stats.
c. A review of approved prospective adoptive parents associated with the adoption agency.
d. If the child is an Indian child, the order of placement preference under s. 48.028 (7) (a), Stats., unless there is good cause as described in s. 48.028 (7) (e), Stats., for departing from that order.
3. If 2 or more appropriate prospective adoptive parents are not available, the adoption agency shall make a timely effort to locate additional prospective adoptive parents by doing any of the following:
a. Contacting other adoption agencies.
b. Photolisting the child with the adoption information exchange.
c. Working through the adoption information exchange to photolist the child with a national adoption exchange.
(b) Disclosure. Once the adoption agency determines that placement with specific prospective adoptive parents would be the most suitable for the child, the agency shall give the identified prospective adoptive parents all relevant information about the child known to the agency, including information on any existing or potential special need described under sub. (1) (b) and a copy of the completed forms for the child that are required under ch. DCF 37.
(c) Adoption assistance necessary to assure adoption. If the child has a special need described under sub. (1) (b) and the requirements of this subsection are met, the adoption agency shall inform the identified prospective adoptive parents of the adoption assistance program and ask if they are willing to adopt the child without receiving adoption assistance. If the identified prospective adoptive parents are unwilling to adopt the child without receiving adoption assistance, the requirement of reasonable, but unsuccessful, efforts to place the child with appropriate adoptive parents without providing adoption assistance is met. A request for adoption assistance may not be a basis for removing a child from a current adoptive placement.
(d) Exceptions. The requirements of this subsection do not apply if any of the following conditions is met:
1. The child has developed significant emotional ties with the child’s foster family and all of the following conditions are met:
a. The child identifies as a member of the family.
b. The child’s foster parents, foster siblings, community, and school consider the child to be a member of that family.
c. If denied permanence with the foster family, the child has a diminished probability of forming new attachments due to the child’s attachment to the foster family and other factors, such as age and number of previous placements.
2. Proposed adoptive parents request adoption assistance for a child placed in the proposed adoptive parents’ home for adoption without adoption assistance if the child demonstrates a special need that meets the standard in sub. (1) (b) 3. before the adoption is finalized.
History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in (1) (b) 6. c., (2) (d) (intro.) made under s. 35.17, Stats., Register August 2018 No. 752; 2019 Wis. Act 92: am. (1) (b) 1., 2. Register February 2020 No. 770, eff. 3-1-20.
DCF 50.10Application for adoption assistance.
(1)Timing. An application for adoption assistance shall be completed on forms prescribed by the department and a written, signed agreement to provide adoption assistance shall be made prior to the adoption.
(2)Extenuating circumstances. Notwithstanding sub. (1), an application for adoption assistance may be accepted after an adoption order is entered under the conditions specified in s. DCF 50.17 (3).
Note: The application for adoption assistance for a public adoption is in the department’s automated child welfare system eWISACWIS. For a private domestic adoption or a tribal or customary adoption, the forms required to apply for adoption assistance are listed in a forms checklist. The forms checklist and all of the forms specified on the checklist are part of the application.
DCF-F-5259, Adoption Assistance Forms Checklist/Routing Instructions Private Domestic Adoptions.
DCF-F-5159, Adoption Assistance Forms Checklist/Routing Instructions Tribal or Customary Adoptions.
The forms are available in the forms section of the department website, http://dcf.wisconsin.gov, or by writing the Division of Safety and Permanence, at P.O. Box 8916, Madison, WI 53708-8916.
History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in numbering in (1) made under s. 13.92 (4) (b) 1., Stats., Register August 2018 No. 752.
DCF 50.11Amount of adoption assistance.
(1)Monthly adoption assistance payment.
(a) The amount of a monthly adoption assistance payment is as indicated in the initial adoption assistance agreement or in an amendment to the agreement signed by the adoptive parent and the department.
(b) In determining the amount of a monthly adoption assistance payment, each situation shall be considered individually based on the needs of the child and the circumstances of the family. A monthly payment may include any of the following:
1. A basic maintenance payment specified in s. 48.62 (4), Stats.
2. A supplemental payment based on the child’s difficulty-of-care levels or identified special needs specified in one of the following:
a. For an adoption assistance agreement entered into before July 1, 2011, the rate schedule under s. DCF 50.12.
b. For an adoption assistance agreement entered into on or after July 1, 2011, the rate schedule 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.
a. An exceptional payment determined under s. DCF 50.12 for an adoption assistance agreement entered into before July 1, 2011, except that an exceptional payment cannot be established or increased in an amendment to the adoption assistance agreement.
b. An exceptional payment determined under s. DCF 56.23 (3) for an adoption assistance agreement entered into on or after July 1, 2011, except that an exceptional payment cannot be established or increased in an amendment to the adoption assistance agreement.
(c) The rate in the initial adoption assistance agreement for a child at high risk of developing a moderate or intensive level of special needs under s. DCF 50.09 (1) (b) 6. is $0. The rate may be adjusted in an amendment to the agreement under s. DCF 50.14.
(d) The effective date for a rate increase in an amendment is the first day of the month that the department received the request to amend the adoption assistance agreement, except that no increase shall be made prior to 12 months after a previous rate increase.
(e) The effective date for a rate decrease in an amendment is the first day of the month following the month that the amended agreement expires.
(f) The effective date for the termination of adoption assistance for any reason shall be the last day of the month that eligibility for benefits ends.
(2)Medical assistance.
(a) Medical assistance under title XIX of the Social Security Act of 1935, as amended, will be provided for the adoptee in accordance with the procedures of the state in which the adoptee resides, except if an adoptee receiving Wisconsin adoption assistance moves out of the state and is not eligible in the new state of residence, the adoptee is eligible for Wisconsin’s medical assistance under ss. 49.43 to 49.498, Stats.
(b) Adoptive parents shall complete a form prescribed by the department of health services to provide information on any private health insurance.
Note: Form HCF-10115, BadgerCare Plus/Medicaid Health Insurance Information, is available in the forms section of the Department of Health Services website, http://www.dhs.wisconsin.gov, or from the Division of Medicaid Services, P.O. Box 309 Madison, WI 53701-0309.
(3)Nonrecurring adoption expenses.
(a) In this subsection, “nonrecurring adoption expenses” means reasonable and necessary adoption fees, court costs, attorney fees, and other expenses that are directly related to the legal adoption of a child with special needs under s. DCF 50.09 (1) (b) if the expenses are not incurred in violation of state or federal laws.
(b) If a child is adopted with an approved adoption assistance agreement, the department shall reimburse the adoptive parents for nonrecurring adoption expenses up to $2,000. An adoptive parent shall use a form prescribed by the department to request reimbursement. A request for reimbursement may only be submitted after the adoption order is entered and shall be submitted no more than 2 years after the entry of the adoption order.
Note: DCF-F-S0459-E, Adoption of Children with Special Needs One Time Expense Reimbursement, is available in the forms section of the department website, http://dcf.wisconsin.gov/ or by writing the Division of Safety and Permanence, at P.O. Box 8916, Madison, WI 53708-8916.
History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in (3) (a) made under s. 35.17, Stats., Register August 2018 No. 752; correction in (1) (b) 3. b. made under s. 35.17, Stats., Register May No. 821; EmR2403: emerg. am. (1) (b) 2. b., eff. 2-20-24: CR 24-014: am. (1) (b) 2. b. Register July 2024 No. 823, eff. 8-1-24.
DCF 50.12Supplemental payments under adoption assistance agreements entered into before July 1, 2011.
(1)Coverage. This section applies to supplemental payments provided under adoption assistance agreements entered into before July 1, 2011.
(2)Supplemental payments.
(a) The department may make supplemental payments to the prospective or adoptive parents of a child in an amount to be determined by the department if the child requires more than the usual amount of care and supervision for the child’s age because of special emotional, behavioral, or physical and personal needs.
(b) If a child does not exhibit characteristics commensurate with a moderate or intensive level of emotional, behavioral, or physical and personal special needs categories described in sub. (3), no supplemental payment may be made. If the child exhibits characteristics commensurate within a moderate or intensive level of one or more of the emotional, behavioral, or physical and personal special need categories under sub. (3), a supplemental payment in an amount to be determined by the department shall be paid.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.