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.