DCF 50.042(3)(b)4.e.
e. Exhibit uncontrollable behavior, be involved in property offenses repeatedly with adjudication on more than one property offense that is as serious as burglary, and have committed acts such as arson, physical assault or armed robbery.
DCF 50.042(3)(b)4.f.
f. Exhibit aggressive behavior on a daily basis, such as biting, scratching or throwing objects at another person.
DCF 50.042(3)(b)4.g.
g. Exhibit frequent self-abusive behavior such as banging their heads, poking their eyes, kicking themselves or biting themselves. These children may eat inappropriate items such as rubber or metal.
DCF 50.042(3)(c)1.1. "Level A, not applicable" children do not exhibit unusual physical or personal characteristics for foster children in their age group.
DCF 50.042(3)(c)2.
2. "Level B, minimal" children exhibit physical or personal characteristics that include or correspond in extent or degree with one or more of the following:
DCF 50.042(3)(c)2.a.
a. Needs some help with putting on braces or prosthetic devices and help with buttons or laces but basically care for themselves and are able to maintain their own physical assisting devices.
DCF 50.042(3)(c)2.b.
b. Seizures or motor dysfunctions that are controlled by medication. Therapy for gross or fine motor skills can be done with supervision for children to achieve normal conditions. These children may require special diet preparation.
DCF 50.042(3)(c)3.
3. "Level C, moderate" children exhibit physical or personal characteristics that include or correspond in extent or degree with one or more of the following:
DCF 50.042(3)(c)3.a.
a. Needs help with dressing, bathing and general toilet needs, including maintenance procedures such as diapering and applying catheters, and requires the help of a person or a device to walk or get around.
DCF 50.042(3)(c)3.c.
c. Has feeding problems such as excessive intake, extreme messiness or extremely slow eating requiring help, supervision or both.
DCF 50.042(3)(c)3.e.
e. Requires special care to prevent or remedy skin conditions such as decubiti and severe eczema.
DCF 50.042 Note
Note: The administration of medications and preparation of special diets are demanding, and prescribed physical therapies such as those for vision, hearing, speech or gross or fine motor skills require one to 2 hours a day.
DCF 50.042(3)(c)4.
4. "Level D, intensive" children exhibit physical or personal characteristics that include or correspond in extent or degree with one or more of the following:
DCF 50.042(3)(c)4.a.
a. Non-ambulatory, may have uncontrollable seizures and need appliances for drainage, colostomy, aspiration or suctioning.
DCF 50.042(3)(c)4.b.
b. Even with proper medical attention, vision, speech or hearing functions are impaired and may require foster parent training.
DCF 50.042(3)(c)4.c.
c. Need daily prescribed exercise routines to improve or maintain gross or fine motor skills that require home administration.
DCF 50.042(3)(c)4.e.
e. Require extra cleaning and laundry to maintain body hygiene and control of the child's body waste.
DCF 50.042(4)
(4) Exceptional payment. An exceptional payment in an amount to be determined by the placing agency pursuant to the department's uniform foster care rate policy may be made in addition to the age-related rates and special needs payment when the additional payment will accomplish any of the following:
DCF 50.042(4)(a)
(a) Enable the child to be placed in a foster home or treatment foster home instead of being placed or remaining in a more restrictive setting.
DCF 50.042(4)(b)
(b) Replace a child's basic wardrobe that has been lost or destroyed through other than normal wear and tear.
DCF 50.042 History
History: CR 10-148: (3), (4) renum. from DCF 56.11 (3), (4), cr. (title), (1), (2)
Register August 2011 No. 668, eff. 9-1-11.
DCF 50.044
DCF 50.044
Request to amend the adoption assistance agreement for a child at high risk of developing special needs. DCF 50.044(1)(1)
Request for review. At least 12 months after the date of adoption, the adoptive parents who signed an adoption assistance agreement for a child at high risk may request that the agreement be amended because they now believe a substantial change in circumstances has occurred. If the request results in an amended agreement, any subsequent request for an amended agreement shall be made under
s. DCF 50.045. If the request does not result in an amended agreement, the adoptive parents may request that the agreement be amended no earlier than 12 months after the date of the receipt of the last request by the department.
DCF 50.044(2)
(2) Family responsibility. To request that an agreement be amended, the adoptive family shall do all of the following:
DCF 50.044(2)(a)
(a) Complete and return the request for adoption assistance amendment form available from the department to record the family's observations of the child's physical, behavioral and emotional needs.
DCF 50.044(2)(b)
(b) Provide documentation by appropriate professionals of the child's current special needs to the department at the time of filing the request for adoption assistance amendment form to verify any substantial change in circumstances. That documentation may be a statement by the professional indicating that he or she concurs with the nature and level of special needs identified on the request for adoption assistance form. The report or statement of an appropriate professional shall be dated within 6 months prior to the date of the request for an adoption assistance amendment.
DCF 50.044(2)(c)
(c) If requested by the department, provide additional information about the child's current functioning.
DCF 50.044(2)(d)
(d) If requested by the department, have the child evaluated by a specialist of the department's choice and at the department's expense to provide information necessary in making the determination.
DCF 50.044(2)(e)
(e) Sign and return an amended agreement offered by the department to authorize a payment amount other than the amount in the original agreement.
DCF 50.044 Note
Note: A copy of the Request for Adoption Assistance Amendment form, CFS 2092, may be obtained from the Department by writing to: Bureau of Permanence and Out-of-Home Care, Division of Safety and Permanence, P. O. Box 8916, Madison WI 53708-8916, or by visiting the forms section of the department website at
http://dcf.wisconsin.gov.
DCF 50.044(3)
(3) Department responsibility. If a request to amend an agreement is received, the department shall do all of the following:
DCF 50.044(3)(a)
(a) From a review of the information submitted by the family under
sub. (2), determine whether a substantial change in circumstances exists to meet the eligibility requirements of
s. DCF 50.03 (1) (b) 3. If additional information is needed to make the determination, the department shall notify the family of the need for the information and request that the information be submitted within 90 days from the date of the letter requesting the information and that failure to provide the requested information within 90 days may result in the request being denied by the department. The department may obtain technical assistance from a specialist or may require the family to have the child evaluated by a specialist of the department's choice and at the department's expense to provide information necessary in making the determination.
DCF 50.044(3)(b)
(b) Contact the appropriate human service agency or agencies in the jurisdiction where the adoptive parents have resided since the placement of the child to request information concerning any substantiated report of abuse or neglect of the child by the adoptive or proposed adoptive parents.
DCF 50.044(3)(c)1.1. If having determined that there has been a substantial change in circumstances documented that establish that a child has a moderate or an intensive level of need in one or more categories of the supplemental payment schedule, and there has not been a substantiated report of abuse or neglect of the child by the adoptive or proposed adoptive parents, offer to adjust the amount of adoption assistance for maintenance for up to one year based upon the rate schedule in effect at the time the request for adoption assistance amendment form is received in the department.
DCF 50.044(3)(c)2.
2. Payment under this paragraph shall include a basic maintenance payment established under s.
48.62 (4), Stats., and any supplemental payment determined under one of the following:
DCF 50.044(3)(d)
(d) If the adoptive or proposed adoptive parent agrees with the proposed amount of adoption assistance maintenance payment, offer to amend the original agreement in writing for up to one year to specify the new monthly adoption assistance maintenance payment amount.
DCF 50.044(3)(e)
(e) Review under
s. DCF 50.045 (3) (e) the circumstances of a child with a previously amended adoption assistance agreement under this section by contacting the adoptive parent or parents prior to the expiration of the amended agreement. The department shall notify the adoptive parents, in writing, at least 120 days before the expiration of the amended adoption assistance agreement and provide the adoptive parents the expiration date, a request for an adoption assistance amendment form and instructions for completing the form.
DCF 50.044 History
History: Emerg. cr., eff. 11-16-99; cr.
Register, July, 2000, No. 535, eff. 8-1-00; corrections in (3) (c) made under s. 13.93 (2m) (b) 7., Stats.,
Register November 2002 No. 563; corrections in (1), (3) (a), (c) and (e) made under s. 13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
CR 10-148: r. and recr. (3) (c)
Register August 2011 No. 668, eff. 9-1-11.
DCF 50.045
DCF 50.045
Request to amend the adoption assistance agreement following adoption. DCF 50.045(1)
(1)
Request for review. Twelve months or more following adoption of a child with special needs under
s. DCF 50.03 (1) (b) 1.,
2.,
3. or
4., at least 12 months since the receipt of a previous request under this section by the department, at least 12 months following an amended agreement under
s. DCF 50.044, or within 120 days prior to the expiration of an amended agreement, adoptive parents with a current adoption assistance agreement and with a maintenance payment in the amount of $0 or greater may file a request with the department for amendment of the agreement because they believe a substantial change in circumstances has occurred since the agreement was signed. If an amendment is in effect as a result of approval of an adoption assistance amendment request, the amendment will be in effect until the expiration date specified. The purpose of the amended agreement would be to change the amount of the monthly adoption assistance maintenance payment. An adoption assistance agreement may be amended more than once under the provisions of this section.
DCF 50.045(2)
(2) Family responsibility. To request that an agreement be amended, the adoptive family shall do all of the following:
DCF 50.045(2)(a)
(a) Complete and return the request for adoption assistance amendment form available from the department to record the family's observations of the child's physical, behavioral and emotional needs.
DCF 50.045(2)(b)
(b) Provide documentation by appropriate professionals of the child's current special needs to the department at the time of filing the request for adoption assistance amendment form to verify any substantial change in circumstances. That documentation may be a statement by the professional indicating that he or she concurs with the nature and level of special needs identified on the request for adoption assistance form. The report or statement of an appropriate professional shall be dated within 6 months prior to the date of the request for an adoption assistance amendment.
DCF 50.045(2)(c)
(c) If requested by the department, provide additional information about the child's current functioning.
DCF 50.045(2)(d)
(d) If requested by the department, have the child evaluated by a specialist of the department's choice and at the department's expense to provide information necessary in making the determination.
DCF 50.045(2)(e)
(e) Sign and return an amended agreement offered by the department to authorize a payment amount other than the amount in the original agreement.
DCF 50.045 Note
Note: A copy of the Request for Adoption Assistance Amendment form, CFS 2092, may be obtained from the Department by writing to: Bureau of Permanence and Out-of-Home Care, Division of Safety and Permanence, P. O. Box 8916, Madison WI 53708-8916, or by visiting the forms section of the department website at
http://dcf.wisconsin.gov.
DCF 50.045(3)
(3) Department responsibility. If a request to amend an agreement is received, the department shall do all of the following:
DCF 50.045(3)(a)
(a) From the information submitted by the family under
sub. (2), determine whether a substantial change in circumstances exists. If additional information is needed to make the determination, the department shall notify the family of the need for the information and request that the information be submitted within 90 days from the date of the letter requesting the information and that failure to provide the requested information within 90 days may result in the request being denied by the department. The department may obtain technical assistance from a specialist or may require the family to have the child evaluated by a specialist of the department's choice and at the department's expense so that the department will have the information it needs to make the determination.
DCF 50.045(3)(b)
(b) Contact the appropriate human services agency or agencies in the jurisdiction where the adoptive parents have resided since the placement of the child to request information concerning any substantiated report of abuse or neglect of the child by the adoptive parents.
DCF 50.045(3)(c)1.1. If having determined that there has been a substantial change in circumstances documented that establishes that a child has an increase in special needs in one or more categories of the supplemental payment schedule and there is no substantiated report of abuse or neglect of the child by the adoptive parents, offer to amend the amount of adoption assistance for maintenance for up to one year. The department may not increase the amount in the agreement above the amount allowed under
42 USC 673 or any other federal law. The new payment shall include the basic maintenance payment in the existing agreement, any exceptional payment in the existing agreement, and an adjusted supplemental payment determined under one of the following:
DCF 50.045(3)(c)2.
2. If the level of points in an established supplemental payment category is at the highest number of points in an intensive level of need category, no increase in payment may be offered in that category.
DCF 50.045(3)(d)
(d) If the adoptive parent agrees with the proposed amount of the payment, offer to amend the agreement in writing to specify the new monthly adoption assistance amount.
DCF 50.045(3)(e)
(e) Review an amended adoption assistance agreement, as follows:
DCF 50.045(3)(e)1.
1. Prior to the expiration of the amended agreement and annually thereafter for the duration of the adoption assistance agreement the department shall contact the adoptive parent or parents to request information concerning the circumstances of the child. The department shall notify the adoptive parents, in writing, at least 120 days before the expiration of the amended adoption assistance agreement and provide the adoptive parents the expiration date, a request for an adoption assistance amendment form and instructions for completing the form.
DCF 50.045(3)(e)2.
2. The department may require the adoptive parent or parents to provide documentation of the current circumstances of the child. The department shall review the information to determine whether the reasons for the change in circumstances continue to exist or not and shall notify the family whether the amount of adoption assistance will be continued, reduced, or returned to the amount in the original agreement or previous amended agreement.
DCF 50.045 History
History: Emerg. cr. eff. 11-16-99; cr.
Register, July, 2000, No. 535, eff. 8-1-00; corrections in (3) (c) made under s. 13.93 (2m) (b) 7., Stats.,
Register November 2002 No. 563; corrections in (1) and (3) (c) made under s. 13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
CR 10-148: r. and recr. (3) (c)
Register August 2011 No. 668, eff. 9-1-11.
DCF 50.05
DCF 50.05
Amount of adoption assistance. To determine the amount of adoption assistance, the following procedures shall apply:
DCF 50.05(1)(a)(a) Each adoptive child's situation shall be considered individually in computing the adoption assistance which shall be based on the uniform foster care rates specified in s.
48.62 (4), Stats., and difficulty-of-care levels or the child's identified special needs specified in one of the following:
DCF 50.05(1)(b)
(b) The amount of adoption assistance shall be the total monthly adoption assistance payment as indicated on the adoption assistance agreement or as revised by an amendment to the adoption assistance agreement signed by both the adoptive parent or parents and the department. The initial rate for a child at high risk is $0 in the original adoption assistance agreement if no special needs category under
s. DCF 50.03 (1) (b) 1.,
2.,
3. or
4. applies to the child. The rate may increase or decrease as described in an amendment to the original agreement and law.
DCF 50.05(1)(c)
(c) The effective date for a rate increase for an amended agreement shall be the first day of the month the department received the request to amend the adoption assistance agreement, except that no increase shall be made prior to 12 months from a prior rate increase. The effective date for a rate decrease for an amended agreement shall be the first day of the month following the month that the amended agreement expires. The effective date for discontinuing adoption assistance for any reason shall be the last day of the month that eligibility for benefits ends.
DCF 50.05(2)(a)(a) Adoption assistance for medical care shall be granted to all cases with an approved adoption assistance agreement.
DCF 50.05(2)(b)
(b) Adoptive families covered by private health insurance policies shall provide information to the department regarding their coverage.
DCF 50.05(2)(c)
(c) The medical assistance card may not be used for care of the adoptive child covered by the family's insurance.
DCF 50.05(2)(d)
(d) Medical benefits provided under title XIX of the Social Security Act of 1935, as amended, are available to the adoptee in accordance with the procedures of the state in which the adoptee resides. If an adoptee with Wisconsin adoption assistance is not eligible in the state of residence, the department shall provide medical assistance in accordance with ss.
49.43 to
49.497, Stats., and
chs. DHS 101 to
108. The department shall facilitate provision of eligible medical benefits through the interstate compact on adoption and medical assistance referenced in s.
48.9985, Stats.
DCF 50.05(3)
(3) Non-recurring adoption expenses. When a child is adopted with an approved adoption assistance agreement, the department shall reimburse adoptive parents for non-recurring adoption expenses up to a $2000 maximum. In this subsection, "non-recurring adoption expenses" means reasonable and necessary adoption fees, court costs, attorney fees and other expenses which are directly related to the legal adoption of a child with special needs and which are not incurred in violation of state or federal laws.
DCF 50.05(4)
(4) Family circumstances. The amount of adoption assistance shall take into consideration the circumstances of the adoptive family and the needs of the child being adopted. In negotiating the amount of the monthly adoption assistance payment within the limits of
sub. (1), the department shall consider family circumstances such as the following:
DCF 50.05(4)(a)
(a) The burden on the family's financial resources is significant because of a need to provide for the adoptee;
DCF 50.05(4)(b)
(b) Although the family's financial resources are substantial, unusual circumstances have placed demands on the family income to the extent that providing for an adoptee would result in a significant financial burden;
DCF 50.05(4)(c)
(c) The family lacks health insurance or sufficient insurance to cover the expected medical needs of the adoptee; and
