Children who have not been placed for adoption within 30 days after being legally freed; or
Foreign-born children who have been referred to the department for adoptive placement in Wisconsin.
Children may be considered to have special needs when they are placed in sustaining care or when they are at legal risk. However:
The exchange may photolist children who have been placed in sustaining care under s. 48.428
, Stats., only when the court involved gives written permission; and
The exchange may photolist children at legal risk either with the written consent of the court or by written consent of the adoption agency and the child's parent or guardian. The photolist information shall include a description of the legal risk.
The exchange shall register prospective adoptive families who have either referred themselves to the exchange or who have been referred to the exchange by an adoption agency.
The exchange may register or photolist, as appropriate, special needs children with out-of-state exchanges and use the resources of those exchanges, but only with written permission from the child's guardian or the agency responsible for the child. The exchange may recommend the use of specific out-of-state exchanges for a particular child.
The exchange shall withdraw a child's photolisting when the adoption agency notifies the exchange in writing that the child has been adopted, has reached age 18, has been emancipated by marriage or has died.
The exchange shall withdraw a prospective adoptive family's registration when the family or agency notifies the exchange in writing that the family has adopted a child, that they are no longer interested in adopting a special needs child or after one year if the family or agency has not responded to inquiries from the exchange.
(2) Matching service.
The exchange shall attempt to match children listed in the adoption photolisting under sub. (3)
and prospective adoptive families registered with the exchange by:
Giving self-referred prospective adoptive families information about the exchange, special needs adoption and home study requirements; referring the family to adoption agencies serving their geographic area, and following up on the family's referral; and
Contacting adoption agencies to provide them with information on registered prospective adoptive families that would be appropriate for a photolisted child based on the child's needs and circumstances.
(3) Adoption photolisting.
The adoption information exchange shall develop and maintain a photolisting, which shall:
Include information about and a photograph of each photolisted child. The information included with the photolisting for a child shall concisely describe the child in a positive and uniform manner;
Be made available to all adoption agencies in the state, adoptive parent groups, child advocacy groups, other interested groups and child-placing agencies in other states;
Be updated at least quarterly to revise, add to or delete from the listing of available special needs children; and
Include a listing of out-of-state special needs children. If the exchange is operated by an individual or private agency under a contract with the department, there shall be written case-by-case approval by the department for each out-of-state special needs child listed.
(4) Progress inquiries.
The exchange shall make inquiries of adoption agencies at least semi-annually to determine the progress toward adoption of children photolisted with the exchange.
(5) Telephone information service.
The exchange shall maintain a central telephone number which people can call to get information about the exchange and about adoption of special needs children and shall publish and disseminate the telephone number of the exchange.
(6) Public information.
The exchange shall develop and distribute informational pamphlets, brochures, displays and media outreach materials to provide information regarding the services available from the exchange and to promote the adoption of special needs children.
(7) Statistical reporting.
The exchange shall compile statistics. If the exchange is operated by an individual or private agency under a contract, a semi-annual statistical report shall be submitted to the department and shall include the following information:
The number of children photolisted during the reporting period and the total number of children currently listed;
The number of children photolisted who were placed for adoption within the previous 6 months and the average number of days that a child was listed prior to adoptive placement;
The number of adoption inquiries received for each child photolisted during the reporting period;
Any other information requested by the department for program management.
(8) Records retention.
The exchange shall destroy all records that pertain to a particular child within one year after the child's photolisting is withdrawn or the child is adopted. The records shall be destroyed in a confidential manner.
(9) Discontinuance of recruitment efforts.
The exchange shall discontinue photolisting and any other recruitment efforts for a child following receipt of a written notice from the adoption agency.
DCF 50.08 History
Cr. Register, July, 1985, No. 355
, 8-1-85; cr. (8), Register, September, 1992, No. 441
, eff. 10-1-92; emerg. am. (3) (c), eff. 11-16-99; am. (3) (c), Register, July, 2000, No. 535
, eff. 8-1-00; CR 02-101
: am. (1) (intro.), (a) (intro.) and 3., (b) (intro.) and 1. and 2., (d) and (e), (2) (intro.) and (b), (3) (intro) and (a), (4), (7) (a), (c) to (f) and (8), r. (7) (b) and (g), cr. (9), Register November 2002 No. 563
, eff. 12-1-02.
Adoption agency responsibilities. DCF 50.09(1)(1)
Photolisting of a child may occur at any time before termination of parental rights. Except as provided in sub. (4)
, an agency shall photolist a child with the exchange within 30 days of the date the child is legally freed for adoption or from the date of an adoptive placement disruption, if the child is not currently photolisted. All of the following information about the child shall be included:
The child's name, birth date, sex, race and the birth parents' religious preference;
The name, date of birth and sex of any of the child's siblings who are also available for adoption, and whether they are being placed individually or as a sibling group;
A brief social history, including the child's placement history, and the date when guardianship becomes effective;
An assessment of the child's current abilities and projected functional level as an adult;
The child's school placement level and an assessment of his or her special education needs;
Other information as needed to be compatible with out-of-state exchanges for children to be listed also with those exchanges; and
A description of the nature of legal risk if adoption of the child is considered a legal risk.
DCF 50.09 Note
Note: Photolisting may also be used prior to termination of parental rights for children at legal risk in need of a foster or adoptive home who have a plan for adoption.
(2) Photolisting updates.
The adoption agency shall provide updated information to the exchange as follows:
Within 10 working days after a change occurs, the agency shall report changes in the child's status, including the child's placement for adoption.
Within 10 working days after the first 12 months that a child has been photolisted and after each subsequent 12-month period, the adoption agency shall submit updating information which includes a new written description and recent photograph of the child.
Within 10 working days after a change occurs, the agency shall give notice that a prospective adoptive family has either adopted a child or is no longer interested in adopting a special needs child.
(3) Photolisting after discontinuation of recruitment efforts.
If a child's photolisting has been discontinued under s. DCF 50.08 (9)
, and the exceptions in sub. (4)
, do not apply, an agency shall re-photo list the child with the exchange within 30 days of a change that creates a need for an adoptive placement. An agency that photolists a child with the exchange under this subsection shall include and update all of the information specified in s. DCF 50.09 (1) (a)
Photolisting is not required if any of the following apply:
An exception to reasonable placement efforts as specified in s. DCF 50.03 (3)
is documented in the child's case record by the adoption agency.
The permanency plan for the child includes documentation by the adoption agency that it is not appropriate to seek an adoptive placement.
DCF 50.09 History
Cr. Register, July, 1985, No. 355
, eff. 8-1-85; emerg. am. (1) (intro.), eff. 11-16-99; am. (1) (intro.), Register, July, 2000, No. 535
, eff. 8-1-00; CR 02-101
: am. (1) (intro.), (2) (intro.), (a) (intro.) and (b), r. (2) (a) 1. and 2., cr. (3) and (4), Register November 2002 No. 563
, eff. 12-1-02; corrections in (3), (4) (a) and (b) made under s. 13.92 (4) (b) 7.
, Stats., Register November 2008 No. 635