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: