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
DCF 50.05(4)(d)
(d) Resources needed by the adoptee are not available in the family's community and the expense of gaining access to the necessary resources would place a significant financial burden on the family.
DCF 50.05 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84; renum. from HSS 50.04 and cr. (1) (c) and (3),
Register, July, 1985, No. 355, eff. 8-1-85; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats.,
Register, July, 1985, No. 355; am. (intro.) and (1), renum. (2) (intro.) to (b) and (3) to be (2) (a) to (c) and (4) and am. (2) (a), cr. (2) (d) and (3),
Register, December, 1988, No. 396, eff. 1-1-89; r. and recr. (2) (a), (4) (intro.) to (c),
Register, September, 1992, No. 441, eff. 10-1-92; am. (1) (b), r. (1) (c),
Register, July, 1994, No. 463, eff. 8-1-94; emerg. am. (1) (b), (2) (a) and (3), cr. (1) (c), eff. 11-16-99; am. (1) (b), (2) (a) and (3), cr. (1) (c),
Register, July, 2000, No. 535, eff. 8-1-00; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats.,
Register November 2002 No. 563; corrections in (1) (a), (b), and (2) (d) made under s. 13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
CR 10-148: am. (1) (a), cr. (1) (a) 1., 2.
Register August 2011 No. 668, eff. 9-1-11.
DCF 50.06
DCF 50.06
Responsibilities under the program. DCF 50.06(1)(1)
Adoption assistance agreement. There shall be a written adoption assistance agreement signed by the adoptive parents and a division representative which shall cover:
DCF 50.06(1)(d)
(d) Circumstances under which the adoption assistance may be increased, decreased, terminated or temporarily suspended; and
DCF 50.06(1)(e)
(e) A stipulation that the agreement shall remain in force regardless of the state of residence of the family and the child.
DCF 50.06(2)
(2) Post-placement responsibilities of adoptive parents. After the adoption assistance agreement has been signed and approved by the department and the child has been placed in the home, the adoptive parent shall notify the division within 30 days of the occurrence of any of the following circumstances:
DCF 50.06(2)(g)
(g) High school completion date after the adoptee reaches 18 years of age;
DCF 50.06(2)(i)
(i) If the adopting parents are no longer supporting the adoptee; and
DCF 50.06(2)(j)
(j) If the adoptee has been placed in an institution or other alternate care facility at public expense.
DCF 50.06 Note
Note: Notice may be delivered in person, by mail, or facsimile (fax) to the Division of Safety and Permanence, Bureau of Permanence and Out-of-Home Care, 201 E. Washington Avenue, P.O. Box 8916, Madison, WI 53708-8916. The toll free telephone number is 866-666-5532. The fax number is 608-264-6750.
DCF 50.06(3)
(3) Post-placement responsibilities of the department. After the adoption agreement has been signed and approved by the department and the child has been placed in the home, the department shall:
DCF 50.06(3)(a)
(a) Biannually send written notification to adoptive families of the post-placement responsibilities specified in
s. DCF 50.06 (2) (a) to
(j). Notification shall include adoptive families who have moved out of state.
DCF 50.06(3)(b)
(b) Discontinue adoption assistance based on any of the following circumstances, as determined by the department:
DCF 50.06(3)(b)1.
1. When the adoptee reaches 18 years of age, except that eligibility for adoption assistance may continue to age 19 if the adopted person is a full-time student in high school or the equivalent. Benefits may continue to age 21 if the adopted person is a full-time student in high school or the equivalent, the department determines that the adopted person has a mental or physical handicap which warrants the continuation of assistance under
42 USC 673, the adopted person is not eligible for other benefits such as supplemental security income and the adopted person otherwise lacks adequate resources to continue in high school or the equivalent;
DCF 50.06(3)(b)3.
3. When the adoptee is no longer receiving support from the parents;
DCF 50.06(3)(b)6.
6. When the parents are no longer legally responsible for the support of the adoptee except as provided in subpar. a; or
DCF 50.06(3)(c)
(c) Temporarily suspend or adjust adoption assistance based on either of the following circumstances:
DCF 50.06(3)(c)1.
1. The adoptee is no longer receiving support from the adoptive parents; or
DCF 50.06(3)(c)2.
2. An adjustment is offered by the department in a written revision or amendment to the agreement, the adoptive parents concur with the adjustment and the adjustment reflects changed circumstances consistent with
s. DCF 50.05 (1); and
DCF 50.06(3)(d)
(d) Offer short-term services to the adoptive family or adult adoptee upon request of either party and refer the family to other community resources for services if appropriate.
DCF 50.06 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84; renum. from HSS 50.05,
Register, July, 1985, No. 355, eff. 8-1-85; correction in (3) (a) 2. a. made under s. 13.93 (2m) (b) 7., Stats.,
Register, July, 1985, No. 355; am. (1) (intro.), (a), (d), (3) (a) (intro.), 1. 2. intro. and 3.,
Register, December, 1988, No. 396, eff. 1-1-89; am. (2) (intro.) and (i), r. and recr. (3) (intro.) and (a), r. (3) (b), renum. (3) (c) to be (3) (b),
Register, September, 1992, No. 441, eff. 10-1-92; emerg. am. (1) (d), eff. 11-16-99; am. (1) (d),
Register, July, 2000, No. 535, eff. 8-1-00;
CR 02-101: am. (2) (intro.), r. and recr. (3) (a) (intro.), r. (3) (a) 1., renum. (3) (a) 2. a. to f. to be (3) (b) 1. to 6. and (3) (a) 3. a. and b. to be (3) (c) 1. and 2., and (3) (b) to be (3) (d)
Register November 2002 No. 563, eff. 12-1-02; corrections in (3) (a) and (c) 2. made under s. 13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635.
DCF 50.065(1)(1)
Before adoption is final. If an applicant for adoption assistance is not satisfied with the action taken by the department on the application or if a prospective adoptive parent who has been approved for or is receiving adoption assistance is not satisfied with the conditions governing the award, the applicant or prospective adoptive parent, prior to the adoption being declared final by the court, may request a review of the decision by the division administrator or designee or may appeal the decision under
ch. 227, Stats., to the department of administration's division of hearings and appeals.
DCF 50.065 Note
Note: A request for review of a decision should be addressed to the Administrator, Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.
DCF 50.065(2)
(2) After adoption is final. An adoptive parent, after an adoption has been declared final by a court, may appeal any of the following under
ch. 227, Stats., to the department of administration's division of hearings and appeals:
DCF 50.065(2)(a)
(a) A department decision after the adoption became final not to approve an application for adoption assistance under
s. DCF 50.03 or a department decision before the adoption became final relating to the amount of adoption assistance under
s. DCF 50.05, provided that:
DCF 50.065(2)(a)1.
1. The conditions of
s. DCF 50.03 for eligibility for adoption assistance existed at the time the adoption became final;
DCF 50.065(2)(a)2.a.
a. Facts regarding the child, the child's biological family or the child's background that were relevant to the proposed adoption were known to the adoption worker who served as the child's guardian and who represented the department which placed the child for adoption, to another agency authorized to place children for adoption and which placed the child for adoption or to an American Indian tribal agency in this state that was guardian of the child and that placed the child for adoption, but were not presented to the adoptive parents by the adoption agency or by another source, such as the child's physician or the agency that originally placed the child for foster care, before the adoption became final;
DCF 50.065(2)(a)2.b.
b. Adoption assistance was denied based upon a means test of the adoptive family;
DCF 50.065(2)(a)2.c.
c. The determination by the department that the child was ineligible for adoption assistance was erroneous; or
DCF 50.065(2)(a)2.d.
d. The adoptive parents were not advised by the adoption agency or by another source, such as a social worker or another adoptive parent, about the availability of adoption assistance and had not previously adopted with adoption assistance; and
DCF 50.065(2)(a)3.
3. It has been less than 3 years since the adoptive parents knew or reasonably should have known of the circumstance which is the basis for the hearing request under
subd. 2.; or
DCF 50.065(2)(b)
(b) The failure of the department to comply with a condition of the adoption assistance agreement under
s. DCF 50.06, provided that the request is initiated within one year after the failure began.
