Chapter DCF 50

DCF 50.12(2) (2) Supplemental payments.

DCF 50.12(2)(a) (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.

DCF 50.12(2)(b) (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.

DCF 50.12(2)(c) (c) The placing department shall document in the child’s case record the characteristics of any selected level of care.

DCF 50.12(3) (3) Schedule of difficulty-of-care levels.

DCF 50.12(3)(a) (a) Emotional.

DCF 50.12(3)(a)1. 1. “Level A, not applicable” children do not exhibit unusual emotional characteristics for foster children in their age group.

DCF 50.12(3)(a)2. 2. “Level B, minimal” children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:

DCF 50.12(3)(a)2.a. a. Demanding excessive attention from others.

DCF 50.12(3)(a)2.b. b. Nervous, high-strung, impulsive and displaying temper tantrums.

DCF 50.12(3)(a)2.c. c. Restless and hyperactive, having a short attention span and occasionally wetting during the night.

DCF 50.12(3)(a)2.d. d. Exhibiting low self-esteem and lacking confidence in their ability to deal with the world.

DCF 50.12(3)(a)2.e. e. Periodically withdrawn and unresponsive.

DCF 50.12(3)(a)3. 3. “Level C, moderate” children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:

DCF 50.12(3)(a)3.a. a. Habitually resistive and having difficulty communicating with others, often failing to do what is expected of them.

DCF 50.12(3)(a)3.b. b. Typically respond to situations with apathy, showing a lack of any interest.

DCF 50.12(3)(a)3.c. c. Have difficulty in establishing relationships and set up others for rejection.

DCF 50.12(3)(a)3.d. d. Display cultural and social conflicts.

DCF 50.12(3)(a)3.e. e. Frequent night bed-wetters or occasionally defecate in bed clothes or both.

DCF 50.12(3)(a)3.f. f. Display over-activity and over-excitedness, necessitating close supervision.

DCF 50.12(3)(a)4. 4. “Level D, intensive” children exhibit behavior that includes or corresponds in extent or degree with one or more of the following characteristics, and the characteristics are severe:

DCF 50.12(3)(a)4.a. a. Infantile personalities.

DCF 50.12(3)(a)4.b. b. Wet or defecate in clothing during daytime hours several times a week.

DCF 50.12(3)(a)4.c. c. Severe hyperactivity to the point of frequent destructiveness or sleeplessness.

DCF 50.12(3)(a)4.d. d. Chronically withdrawn, depressed or anxious.

DCF 50.12(3)(a)4.e. e. Self-injurious, require constant and intensive supervision and may be involved in behavioral management programs or show bizarre or severely disturbed behavior.

DCF 50.12(3)(a)4.f. f. Display anorexia nervosa.

DCF 50.12(3)(b) (b) Behavioral.

DCF 50.12(3)(b)1. 1. “Level A, not applicable” children do not exhibit unusual behavioral characteristics for foster children in their age group.

DCF 50.12(3)(b)2. 2. “Level B, minimal” children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:

DCF 50.12(3)(b)2.a. a. Run away infrequently for up to 2 days with the intention of returning.

DCF 50.12(3)(b)2.b. b. Occasionally skip classes or an entire day of school, affecting class achievement and requiring make-up school work and parent contact with the school.

DCF 50.12(3)(b)2.c. c. Use sexual acting-out or language as an attention-getting mechanism and occasionally experiment with alcohol, drugs or both.

DCF 50.12(3)(b)2.d. d. Infrequent conflicts with parents or community authorities, including displays of hostility and occasional petty theft, vandalism or both.

DCF 50.12(3)(b)2.e. e. Exhibit occasional aggressive behavior such as biting, scratching or throwing objects at another person.

DCF 50.12(3)(b)3. 3. “Level C, moderate” children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:

DCF 50.12(3)(b)3.a. a. Run away 4 to 7 times a year for 3 or 4 days at a time and requires encouragement to return.

DCF 50.12(3)(b)3.b. b. Truant from school one to 2 times a month for more than one day, resulting in delayed academic progress including performance below their ability that may lead to class failure, possible suspension and frequent parent contact with the school.

DCF 50.12(3)(b)3.c. c. Exhibit sexual activity harmful to themselves and disruptive to their family and community relationships.

DCF 50.12(3)(b)3.d. d. Occasionally have been involved in non-violent crimes such as burglary, which caused conflict with authority.

DCF 50.12(3)(b)3.e. e. Exhibit frequent aggressive behavior such as biting, scratching or throwing objects at another person.

DCF 50.12(3)(b)3.f. f. Exhibit occasional self-abusive behavior such as banging their heads, poking their eyes, kicking themselves or biting themselves.

DCF 50.12(3)(b)4. 4. “Level D, intensive” children exhibit behavior that includes or corresponds in extent or degree with one or more of the following characteristics, and the characteristics are severe:

DCF 50.12(3)(b)4.a. a. Runs away 8 or more times a year for 5 or more days at a time, returning only on the initiative of others.

DCF 50.12(3)(b)4.b. b. Habitually create a disturbance in the classroom or be habitually truant from school resulting in class failure, frequent suspension or expulsion, and requiring frequent parent contact with the school.

DCF 50.12(3)(b)4.c. c. Exhibit sexual deviancy, including that of a violent nature or nonconsenting involvement of others.

DCF 50.12(3)(b)4.d. d. Habitually use alcohol, drugs or both.

DCF 50.12(3)(b)4.e. e. Exhibit uncontrollable behavior, be involved in property offenses repeatedly with adjudication on more than one property offense that is as serious as burglary, and have committed acts such as arson, physical assault or armed robbery.

DCF 50.12(3)(b)4.f. f. Exhibit aggressive behavior on a daily basis, such as biting, scratching or throwing objects at another person.

DCF 50.12(3)(b)4.g. g. Exhibit frequent self-abusive behavior such as banging their heads, poking their eyes, kicking themselves or biting themselves. These children may eat inappropriate items such as rubber or metal.

DCF 50.12(3)(c) (c) Physical and personal care.

DCF 50.12(3)(c)1. 1. “Level A, not applicable” children do not exhibit unusual physical or personal characteristics for foster children in their age group.

DCF 50.12(3)(c)2. 2. “Level B, minimal” children exhibit physical or personal characteristics that include or correspond in extent or degree with one or more of the following:

DCF 50.12(3)(c)2.a. a. Needs some help with putting on braces or prosthetic devices and help with buttons or laces but basically care for themselves and are able to maintain their own physical assisting devices.

DCF 50.12(3)(c)2.b. b. Seizures or motor dysfunctions that are controlled by medication. Therapy for gross or fine motor skills can be done with supervision for children to achieve normal conditions. These children may require special diet preparation.

DCF 50.12(3)(c)3. 3. “Level C, moderate” children exhibit physical or personal characteristics that include or correspond in extent or degree with one or more of the following:

DCF 50.12(3)(c)3.a. a. Needs help with dressing, bathing and general toilet needs, including maintenance procedures such as diapering and applying catheters, and requires the help of a person or a device to walk or get around.

DCF 50.12(3)(c)3.b. b. Needs assistance to care for and maintain physical assisting devices.

DCF 50.12(3)(c)3.c. c. Has feeding problems such as excessive intake, extreme messiness or extremely slow eating requiring help, supervision or both.

DCF 50.12(3)(c)3.d. d. Needs tube or gavage feeding.

DCF 50.12(3)(c)3.e. e. Requires special care to prevent or remedy skin conditions such as decubiti and severe eczema.

DCF 50.12 Note Note: The administration of medications and preparation of special diets are demanding, and prescribed physical therapies such as those for vision, hearing, speech or gross or fine motor skills require one to 2 hours a day.

DCF 50.12(3)(c)4. 4. “Level D, intensive” children exhibit physical or personal characteristics that include or correspond in extent or degree with one or more of the following:

DCF 50.12(3)(c)4.a. a. Non-ambulatory, may have uncontrollable seizures and need appliances for drainage, colostomy, aspiration or suctioning.

DCF 50.12(3)(c)4.b. b. Even with proper medical attention, vision, speech or hearing functions are impaired and may require foster parent training.

DCF 50.12(3)(c)4.c. c. Need daily prescribed exercise routines to improve or maintain gross or fine motor skills that require home administration.

DCF 50.12(3)(c)4.d. d. Require prevention procedures such as daily irrigation.

DCF 50.12(3)(c)4.e. e. Require extra cleaning and laundry to maintain body hygiene and control of the child’s body waste.

DCF 50.12(3)(c)4.f. f. Orthotics care.

DCF 50.12(3)(c)4.g. g. Prescribed physical therapies taking 2 to 3 hours a day.

DCF 50.12(4) (4) Exceptional payment. An exceptional payment in an amount to be determined by the department pursuant to the department’s uniform foster care rate policy may be made in addition to the age-related rates and special needs payment when the additional payment will accomplish any of the following:

DCF 50.12(4)(a) (a) Enable the child to be placed in a foster home instead of being placed or remaining in a more restrictive setting.

DCF 50.12(4)(b) (b) Replace a child’s basic wardrobe that has been lost or destroyed through other than normal wear and tear.

DCF 50.12 History History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in (2) (b) under s. 35.17, Stats., Register August 2018 No. 752.

DCF 50.13 DCF 50.13 Adoption assistance agreement.

DCF 50.13(1) (1) The department shall enter into a written adoption assistance agreement with the proposed adoptive parents of a child eligible for assistance under s. DCF 50.09 prior to the adoption. The agreement shall be signed by the proposed adoptive parents, the adoption agency, and the department. The agreement shall specify all of the following:

DCF 50.13(1)(a) (a) The amount of the adoption assistance under s. DCF 50.11.

DCF 50.13(1)(b) (b) The responsibilities of the adoptive parent, including the requirements in s. DCF 50.15 (1).

DCF 50.13(1)(c) (c) The responsibilities of the department, including the requirements in s. DCF 50.15 (2).

DCF 50.13(1)(d) (d) Circumstances under which the adoption assistance may be increased, decreased, terminated, or suspended, including the circumstances in ss. DCF 50.14 and 50.15.

DCF 50.13(1)(e) (e) That the agreement will remain in effect regardless of the state of residence of the adoptive parents and the child.

DCF 50.13(2) (2) If at any time prior to the adoption, the proposed adoptive parents believe there has been a substantial change in circumstances under s. DCF 50.14 (1), the proposed adoptive parents may request a review of the amount of adoption assistance under s. DCF 50.14. The department shall determine whether a new amount is justified. The new agreement shall be agreed to and signed by the proposed adoptive parent, the adoption agency, and the department prior to the adoption.

DCF 50.13 History History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18.

DCF 50.14 DCF 50.14 Amendment to adjust payment amount.

DCF 50.14(1) (1) Definition. In this section, “substantial change in circumstances” means a change that has occurred to the child in one or more areas of special needs, including physical, behavioral, or emotional special needs, that would result in a change in the amount of a supplemental payment determined under one of the following:

DCF 50.14(1)(a) (a) For an adoption assistance agreement entered into before July 1, 2011, the rate schedule under s. DCF 50.12.

DCF 50.14(1)(b) (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 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.

DCF 50.14(2) (2) Timing of request. Adoptive parents that have entered into an initial or amended adoption assistance agreement may request that the agreement be amended to begin monthly payments or to increase the amount of monthly payments if the adoptive parent believes that there has been a substantial change in circumstances and the timing of the request is any of the following:

DCF 50.14(2)(a) (a) Not less than 12 months after any of the following occurred: