State of Wisconsin
Department of Children and Families
Adoption Assistance Supplemental Payments
The statement of scope for this rule, SS 118-23, was approved by the Governor on December 21, 2023, published in Register 816B on December 26, 2023, and approved by Secretary Emilie Amundson on January 9, 2024. The Wisconsin Department of Children and Families adopts an order to amend s. DCF 50.11 (1) (b) 2. b., relating to adoption assistance supplemental payments. Analysis Prepared by the Department of Children and Families
Statutes interpreted: Section 48.975, Stats. Related statutes and rules: DCF 55 and 56
Explanation of Agency Authority
Section 48.975 (5) (intro.), Stats., provides that the department may promulgate rules to interpret the section. Summary of the Rule
The department recently discovered that the way the department’s child welfare automation system eWiSACWIS was built and has been operating is not congruent with the adoption assistance rule on determining the amount of a supplemental payment based on a child’s identified needs. The current s. DCF 50.11 (1) (b) 2. b. provides that, for an adoption assistance agreement entered into on or after July 1, 2011, a supplemental payment is only available if a child has a total of 5 or more needs that have been identified as moderate or intensive using the department’s assessment tool. The rules remove the threshold eligibility requirement of “a total of 5 or more needs” for adoption assistance supplemental payments. This change will maintain the status quo for families and align the methodology for determining supplemental payments under the adoption assistance rule with the methodology in the subsidized guardianship rule. A child will need at least one need that has been identified as moderate or intensive to receive a supplemental payment, just as with foster care and subsidized guardianship.
Eligibility for a supplemental payment vs. program eligibility. This change is unrelated to the program eligibility provision in s. DCF 50.09 (1) that requires a child to have at least one of 6 special needs. The 6 special needs for program eligibility are 1) the child is 7 years of age or older, 2) the child is a member of a sibling group of 2 or more children that must be placed together, 3) the child has a total of 5 or more moderate or intensive needs, 4) the child belongs to a minority race and children of that race cannot be readily placed due to a lack of appropriate placement resources, 5) the child is an Indian child, or 6) the child is at high risk of developing 5 or more moderate or intensive needs. A child can be eligible for the program and not be eligible for a monthly adoption assistance payment, which is the case for a child who is at high risk of developing 5 or more moderate or intensive needs. There are 3 types of monthly adoption assistance payments and each have their own eligibility criteria: 1) basic maintenance payments, 2) exceptional payments, and 3) supplemental payments. A child who is eligible for the adoption assistance program based on any of the 5 special needs other than being at high risk will receive a basic maintenance payment under s. DCF 50.11 (1) (b) 1. Eligibility for an exceptional payment is determined under ss. DCF 50.11 (1) (b) 3. and 50.12 (4). This rule affects eligibility for a supplemental payment under s. DCF 50.11 (1) (b) 2. b. The rule removes the requirement that a child must have 5 or more moderate or intensive needs to receive a supplemental payment and provides that a child with at least one moderate or intensive need is eligible for a supplemental payment. This change allows the department to continue to provide a supplemental payment to a child with any moderate or intensive need if the child was determined eligible for the program based on being 7 years of age or more, being an Indian child, or belonging a minority race when children of that race cannot be readily placed due to a lack of appropriate placement resources. The rule does not affect eligibility for a supplemental payment for a child who was determined eligible for the program based on having 5 or more moderate or intensive needs. Eligibility for a supplemental payment vs eligibility for an amendment to the adoption assistance agreement. The rule change is also unrelated to the provisions in s. DCF 50.14 (1) (b) and (4) (c) 2. b. and (d) 2. b. regarding eligibility for an amendment to an adoption assistance agreement. Under s. 48.975 (4), Stats., a parent may request an amendment to an adoption assistance agreement if the parent believes there has been a substantial change in circumstances, as defined by the department by rule. In s. DCF 50.14 (1), the department defines “substantial change in circumstances” as a change to the child in one or more areas of special needs that would result in a change in the amount of a supplemental payment if the child has a total of 5 or more needs that have been identified as moderate or intensive using the department’s assessment tool. An amendment to an adoption assistance agreement is available based only on a “substantial change in circumstances” not any change in circumstances. Summary of Related Federal Law
The adoption assistance program is authorized under 42 USC 673. The program provides partial reimbursement to states to facilitate the timely placement of children whose special needs or circumstances would otherwise make it difficult to place them with adoptive families. 42 USC 673 (a) (3) provides that the amount of an adoption assistance payment shall be determined through agreement between the adopting parents and the state agency, which shall take into account the circumstances of the adopting parents and the needs of the child being adopted and may be adjusted periodically with the concurrence of the adopting parents. Summary of Data and Analytical Methodologies
The rules maintain the status quo for families and align the methodology for determining supplemental payments under the adoption assistance rule with the methodology in the subsidized guardianship rule. A child will need at least one need that has been identified as moderate or intensive to receive a supplemental payment, just as with foster care and subsidized guardianship.
Comparison to Adjacent States
Each state provides supplemental payments based on the needs of the child. Some rules include a table with difficulty of care levels and corresponding payment amounts. There is insufficient detail in the rules for a meaningful comparison on approaches to making the calculations.
Effect on Small Businesses
The proposed rule does not affect small businesses as defined in s. 227.114 (1), Stats. Analysis Used to Determine Effect on Small Businesses
The adoption assistance program affects the department and families who adopt a child.
Agency Contact
Emily Erickson, Director
Bureau of Permanence and Out-of-Home Care
(608) 422-6961
Rule Text
SECTION 1. DCF 50.11 (1) (b) 2. b. is amended to read:
DCF 50.11 (1) (b) 2. 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. SECTION 2. EFFECTIVE DATE. These rules shall take effect the first day of the month following publication in the Administrative Register, as provided in s. 227.22 (2) (intro.), Stats.
