Register January 2017 No. 733
Chapter DCF 50
FACILITATING THE ADOPTION OF CHILDREN WITH SPECIAL NEEDS
Subchapter I — General Provisions
DCF 50.01   Introduction.
Subchapter II — Adoption Assistance
DCF 50.02   Adoption with adoption assistance.
DCF 50.03   Eligibility for adoption assistance.
DCF 50.04   Application for adoption assistance.
DCF 50.042   Supplemental payments under adoption assistance agreements entered into before July 1, 2011.
DCF 50.044   Request to amend the adoption assistance agreement for a child at high risk of developing special needs.
DCF 50.045   Request to amend the adoption assistance agreement following adoption.
DCF 50.05   Amount of adoption assistance.
DCF 50.06   Responsibilities under the program.
DCF 50.065   Appeal process.
Subchapter III — Adoption Information Exchange
DCF 50.07   Adoption information exchange.
DCF 50.08   Adoption information exchange responsibilities.
DCF 50.09   Adoption agency responsibilities.
Ch. DCF 50 Note Note: Sections PW-CY 40.30 to 40.35 were repealed effective January 31, 1984 and a new chapter HSS 50 was created effective February 1, 1984. Chapter HSS 50 was renumbered chapter HFS 50 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, May, 1999, No. 521. Chapter HFS 50 was renumbered to chapter DCF 50 under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635.
subch. I of ch. DCF 50 Subchapter I — General Provisions
DCF 50.01 DCF 50.01Introduction.
DCF 50.01(1) (1)Statement of intent. The intent of this chapter is to facilitate the placement of all children in Wisconsin who are legally available for adoption by providing adoption assistance to families adopting children with special needs and by establishing an adoption information exchange to help find adoptive homes for these children.
DCF 50.01(2) (2)Purpose of rules. This chapter establishes criteria to be used by the department in determining when adoption assistance, as authorized by s. 48.975, Stats., may be provided, specifies limitations on the granting of adoption assistance, sets procedures for applying for adoption assistance and for amending the adoption assistance agreement and establishes an adoption information exchange, as required by s. 48.55, Stats., to be operated by the department directly or through a contract with an individual or private agency to assist in finding the best adoptive homes available for the placement of children with special needs.
DCF 50.01(3) (3)Applicability. This chapter applies to the department, adoption agencies, any individual or private agency under contract to the department to operate the adoption information exchange, adoptive parents, prospective adoptive parents and special needs children.
DCF 50.01(4) (4)Definitions. In this chapter:
DCF 50.01(4)(a) (a) “Administrative review" means a review of the plan of services for a child conducted by a panel of persons selected by the adoption agency, at least one of whom is not responsible for the case management or for the supervision or delivery of services to either the child who is subject to the review or the child's parents.
DCF 50.01(4)(b) (b) “Adoption" means a method provided by law to establish the legal relationship of parent and child between persons who are not so related by birth, with the same mutual rights and obligations that exist between the child and the child's birth parents.
DCF 50.01(4)(c) (c) “Adoption agency" or “agency" means a Wisconsin county department authorized under s. 48.57 (1) (e) or (hm), Stats., to place children for adoption, the department, a licensed child welfare agency authorized under ss. 48.60 and 48.61 (5), Stats., to accept guardianship and to place children under its guardianship for adoption or an American Indian tribal agency in this state.
DCF 50.01(4)(d) (d) “Adoption assistance" means assistance provided under agreement by the department to the parents of an adopted child or the prospective adoptive parents of a child placed for adoption, when the family has signed and the department has approved an agreement that is designed to assist in the cost of care of the child after adoption or after the child has been placed for adoption.
DCF 50.01(4)(e) (e) “Adoption assistance for medical care" means the program under Title XIX of the Social Security Act as codified in 42 USC 1396, ss. 49.43 to 49.497, Stats., and chs. DHS 101 to 108.
DCF 50.01(4)(f) (f) “Adoption information exchange" or “exchange" means a department program created to facilitate the adoption of special needs children by disseminating information about the children to adoption agencies and prospective adoptive families.
DCF 50.01(4)(g) (g) “Adoption photolisting" means a publication that lists individual special needs children and includes photographs and descriptions of them.
DCF 50.01(4)(h) (h) “Adoptive family" means a husband and wife jointly or an unmarried adult.
DCF 50.01(4)(i) (i) “Child" means a person under 18 years of age.
DCF 50.01(4)(j) (j) “Child at high risk" means a child in the guardianship of an adoption agency who does not have a known special need under s. DCF 50.03 (1) (b) 1., 2., 3. or 4. but who is at high risk of developing a moderate or intensive level of special needs under s. DCF 50.03 (1) (b) 3. based on one or more of the following:
DCF 50.01(4)(j)1. 1. There is documented information that either or both birth parents have a medical diagnosis or medical history which could result in a condition for the child described in s. DCF 50.03 (1) (b) 3. at a later time.
DCF 50.01(4)(j)2. 2. The child has experienced 4 or more placements with extended family or foster homes that could affect the normal attachment process.
DCF 50.01(4)(j)3. 3. 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 50.01(4)(j)4. 4. There is documented evidence in a medical or hospital record, law enforcement record, social or human service department record, court record, or a record of an agency under a contract with a county department or the department to provide child welfare services that the birth mother used harmful drugs or alcohol during pregnancy which could later result in the child developing special needs as described in s. DCF 50.03 (1) (b) 3.
DCF 50.01(4)(j)5. 5. There is documented evidence in a medical or hospital record that the birth mother received inappropriate prenatal care which could later result in the child developing special needs as described in s. DCF 50.03 (1) (b) 3.
DCF 50.01(4)(k) (k) “Department" means the Wisconsin department of children and families.
DCF 50.01(4)(L) (L) “Division" means the department's division of safety and permanence.
DCF 50.01(4)(Lm) (Lm) “Final substantiated finding" means all of the following:
DCF 50.01(4)(Lm)1. 1. A final determination made after January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 5m., Stats., and s. DCF 40.04 if the final determination has not been reversed or modified on appeal.
DCF 50.01(4)(Lm)2. 2. A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4., 2011 Stats., if the determination has not been reversed or modified on appeal.
DCF 50.01 Note Note: The date in a statutory citation means that was the last edition of the statutes in which that provision appears.
DCF 50.01(4)(m) (m) “Guardian" has the meaning given in s. 48.02 (8), Stats.
DCF 50.01(4)(n) (n) “Legal risk" means a status of a child in which the severance of the legal rights of the child's birth parents through a termination of parental rights proceeding under the laws of the state or tribal court have not been completed or the court's decision is being legally contested.
DCF 50.01(4)(o) (o) “Legally free" means the status of a child when the legal rights of the child's birth parents have been severed through death of a parent or a termination of parental rights proceeding according to the laws of the state or the tribal court, and the court has transferred guardianship and custody of the child to a placement agency pending adoptive placement.
DCF 50.01(4)(p) (p) “Medical adoption assistance card" means a card issued for the purpose of identifying a person as a recipient of adoption assistance for medical care.
DCF 50.01(4)(q) (q) “Monthly adoption assistance payment" means a monthly payment amount described in an adoption assistance agreement to help with the expense of raising the child made by the department to the parents or prospective parents of an adopted child with special needs and also means the $0 payment to the adoptive parents or prospective adoptive parents receiving adoption assistance in the form of medical assistance and to the adoptive parents or prospective parents of a child at high risk.
DCF 50.01(4)(r) (r) “Registration" means the listing of information about special needs children or the listing of information about approved prospective adoptive families with the adoption information exchange for the purpose of locating a prospective adoptive family.
DCF 50.01(4)(s) (s) “Special needs child" means a legally free child for whom it is difficult to find an adoptive home and who meets the eligibility criteria for adoption assistance under s. DCF 50.03.
DCF 50.01(4)(t) (t) “Substantial change in circumstances" means that a documented change related to the risk that qualified the child as a child of high risk under par. (j) has occurred to the child in one or more areas of special needs, including physical, behavioral or emotional special needs, that would result in a change in a supplemental payment determined under one of the following:
DCF 50.01(4)(t)1. 1. For an adoption assistance agreement entered into before July 1, 2011, the rate schedule under s. DCF 50.042.
DCF 50.01(4)(t)2. 2. 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.
DCF 50.01(4)(u) (u) “Sustaining care" means the placement of a child under s. 48.428, Stats.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.