Chapter DCF 50

DCF 50.08 History History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18.

DCF 50.09 DCF 50.09 Eligibility 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:

DCF 50.09(1) (1) Eligibility criteria for the child.

DCF 50.09(1)(a) (a) Age. The child is under 18 years of age at the time of adoption.

DCF 50.09(1)(b) (b) Special needs. The child has any of the following special needs at the time of the adoptive placement:

DCF 50.09(1)(b)1. 1. The child is 7 years of age or older if age is the only factor in determining eligibility.

DCF 50.09(1)(b)2. 2. The child is a member of a sibling group of 2 or more children that must be placed together.

DCF 50.09(1)(b)3. 3.

DCF 50.09(1)(b)3.a. 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).

DCF 50.09(1)(b)3.b. 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).

DCF 50.09(1)(b)4. 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.

DCF 50.09(1)(b)5. 5. The child is an Indian child.

DCF 50.09(1)(b)6. 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:

DCF 50.09(1)(b)6.a. 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.

DCF 50.09(1)(b)6.b. 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.

DCF 50.09(1)(b)6.c. 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.

DCF 50.09(1)(b)6.d. d. The child has experienced 4 or more placements with extended family or in foster homes that could affect the normal attachment process.

DCF 50.09(1)(b)6.e. 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.

DCF 50.09(1)(c) (c) Availability for adoption. At the time of placement for adoption, all of the following conditions are met:

DCF 50.09(1)(c)1. 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.

DCF 50.09(1)(c)2. 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.

DCF 50.09(1)(d) (d) Wisconsin responsibility.

DCF 50.09(1)(d)1. 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.

DCF 50.09(1)(d)2. 2. ‘Intercountry adoptions.’

DCF 50.09(1)(d)2.a. 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.

DCF 50.09(1)(d)2.b. 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.

DCF 50.09(2) (2) Reasonable efforts to assure adoption.

DCF 50.09(2)(a) (a) Documented search for suitable adoptive placement.

DCF 50.09(2)(a)1. 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.

DCF 50.09(2)(a)2. 2. The adoption agency’s search efforts shall include consideration of a number of prospective adoptive parents, including all of the following:

DCF 50.09(2)(a)2.a. a. Relatives of the child.

DCF 50.09(2)(a)2.b. 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.

DCF 50.09(2)(a)2.c. c. A review of approved prospective adoptive parents associated with the adoption agency.

DCF 50.09(2)(a)2.d. 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.

DCF 50.09(2)(a)3. 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:

DCF 50.09(2)(a)3.a. a. Contacting other adoption agencies.

DCF 50.09(2)(a)3.b. b. Photolisting the child with the adoption information exchange.

DCF 50.09(2)(a)3.c. c. Working through the adoption information exchange to photolist the child with a national adoption exchange.

DCF 50.09(2)(b) (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.

DCF 50.09(2)(c) (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.

DCF 50.09(2)(d) (d) Exceptions. The requirements of this subsection do not apply if any of the following conditions is met:

DCF 50.09(2)(d)1. 1. The child has developed significant emotional ties with the child’s foster family and all of the following conditions are met:

DCF 50.09(2)(d)1.a. a. The child identifies as a member of the family.

DCF 50.09(2)(d)1.b. b. The child’s foster parents, foster siblings, community, and school consider the child to be a member of that family.

DCF 50.09(2)(d)1.c. 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.

DCF 50.09(2)(d)2. 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.

DCF 50.09 History 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 50.10 DCF 50.10 Application for adoption assistance.

DCF 50.10(1) (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.

DCF 50.10(2) (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).

DCF 50.10 Note 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 50.10 Note DCF-F-5259, Adoption Assistance Forms Checklist/Routing Instructions Private Domestic Adoptions.

DCF 50.10 Note DCF-F-5159, Adoption Assistance Forms Checklist/Routing Instructions Tribal or Customary Adoptions.

DCF 50.10 Note 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.

DCF 50.10 History 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 50.11 DCF 50.11 Amount of adoption assistance.

DCF 50.11(1) (1) Monthly adoption assistance payment.

DCF 50.11(1)(a) (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.

DCF 50.11(1)(b) (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:

DCF 50.11(1)(b)1. 1. A basic maintenance payment specified in s. 48.62 (4), Stats.

DCF 50.11(1)(b)2. 2. A supplemental payment based on the child’s difficulty-of-care levels or identified special needs specified in one of the following:

DCF 50.11(1)(b)2.a. a. For an adoption assistance agreement entered into before July 1, 2011, the rate schedule under s. DCF 50.12.

DCF 50.11(1)(b)2.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 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 50.11(1)(b)3. 3.

DCF 50.11(1)(b)3.a. 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.

DCF 50.11(1)(b)3.b. 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.

DCF 50.11(1)(c) (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.

DCF 50.11(1)(d) (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.

DCF 50.11(1)(e) (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.

DCF 50.11(1)(f) (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.

DCF 50.11(2) (2) Medical assistance.

DCF 50.11(2)(a) (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.

DCF 50.11(2)(b) (b) Adoptive parents shall complete a form prescribed by the department of health services to provide information on any private health insurance.

DCF 50.11 Note 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.

DCF 50.11(3) (3) Nonrecurring adoption expenses.

DCF 50.11(3)(a) (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.

DCF 50.11(3)(b) (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.

DCF 50.11 Note 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.

DCF 50.11 History 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 50.12 DCF 50.12 Supplemental payments under adoption assistance agreements entered into before July 1, 2011.

DCF 50.12(1) (1) Coverage. This section applies to supplemental payments provided under adoption assistance agreements entered into before July 1, 2011.

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: