Chapter DCF 50

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.

DCF 50.07(1)(d) (d) A public relations campaign that promotes public adoptions, provides information to the public, and increases public awareness of adoption and services available from the adoption information exchange by developing and distributing informational materials for the media, professional organizations, community support agencies, and the public.

DCF 50.07(2) (2) Photolisting. All of the following conditions apply to the Internet-based photolisting under sub. (1) (a):

DCF 50.07(2)(a) (a) Children who are legally free for public adoption. The adoption information exchange shall photolist all children who are legally free for public adoption and do not have proposed adoptive parents, except those not submitted to the adoption information exchange under par. (d).

DCF 50.07(2)(b) (b) Children who are at legal risk. The adoption information exchange may photolist children who are at legal risk if any of the following applies:

DCF 50.07(2)(b)1. 1. The court has authorized photolisting.

DCF 50.07(2)(b)2. 2. Written consent has been given by all of the following:

DCF 50.07(2)(b)2.a. a. The child’s placing agency or adoption agency.

DCF 50.07(2)(b)2.b. b. The child’s parent or guardian.

DCF 50.07(2)(b)3. 3. A child age 14 or over has given written consent.

DCF 50.07(2)(c) (c) Out-of-state.

DCF 50.07(2)(c)1. 1. The adoption information exchange may photolist a child with an out-of-state exchange and may use the resources of the out-of-state exchange for the child with written permission from the child’s guardian and the child’s placing agency and, if the child is age 14 or over, the child.

DCF 50.07(2)(c)2. 2. The child photolisted under subd. 1. may be a child who is legally free for public adoption or a child who is at legal risk.

DCF 50.07(2)(d) (d) Deferral.

DCF 50.07(2)(d)1. 1. If a child is legally free for public adoption, a public adoption agency may defer submitting the information required for a photolisting of the child to the adoption information exchange if any of the following circumstances applies:

DCF 50.07(2)(d)1.a. a. The child is in an adoptive placement pursuant to a written placement agreement.

DCF 50.07(2)(d)1.b. b. The child’s foster parent or another individual is considering adoption of the child.

DCF 50.07(2)(d)1.c. c. The child is 14 years of age or older and does not consent to photolisting.

DCF 50.07(2)(d)1.d. d. The child is under the guardianship of a tribal child welfare department.

DCF 50.07(2)(d)2. 2. A deferral is valid until the reason for the deferral no longer exists.

DCF 50.07(2)(e) (e) Child information. A photolisting shall include a photo and information about a child relevant to matching the child to prospective adoptive parents.

DCF 50.07(2)(f) (f) Updating. The adoption information exchange shall keep the photolisting current by doing all of the following:

DCF 50.07(2)(f)1. 1. Reviewing and updating a child’s photograph and information every 6 months.

DCF 50.07(2)(f)2. 2. Updating information about a child as it is received from the child’s placing agency.

DCF 50.07(2)(f)3. 3. Removing a child from the photolisting when the child no longer meets the requirements to be photolisted.

DCF 50.07(2)(g) (g) Records. The adoption information exchange shall destroy all records relating to a child in a confidential manner within one year after the child’s photolisting is withdrawn or the child is adopted.

DCF 50.07 Note Note: Information for families interested in adoption, including the photolisting of Wisconsin children waiting for adoption, is at http://wiadopt.org.

DCF 50.07 History History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in (2) (b) (intro.), (d) (1) (intro.) made under s. 35.17, Stats., Register August 2018 No. 752.

DCF 50.08 DCF 50.08 Placement for the purpose of a public adoption.

DCF 50.08(1) (1) Best interest of the child.

DCF 50.08(1)(a) (a) The public adoption agency that is responsible for placing a child for adoption or, if the child is at legal risk, the placing agency, shall determine if placement with specific prospective adoptive parents whose home study has been approved is in the best interest of the child.

DCF 50.08(1)(b) (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.

DCF 50.08(1)(c) (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.

DCF 50.08(1)(d) (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.

DCF 50.08(2) (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.