Chapter DCF 50

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:

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.