AB601: Bill Text

AB601, s. 7 Section 7 . 48.975 (3m) of the statutes is created to read:

AB601,7,3 48.975 (3m) Duration. The adoption assistance may be continued after the adoptee reaches the age of 18 if that adoptee is a full-time high school student.

Note: Moves this provision from current s. 48.975 (4), stats., relating to procedure.

AB601, s. 8 Section 8 . 48.975 (4) of the statutes is amended to read:

AB601,7,13 48.975 (4) Procedure. A Except in extenuating circumstances, as defined by the department by rule promulgated under sub. (5) (a), a written agreement to provide adoption assistance shall be made prior to legal adoption. An agreement to provide adoption assistance may be made only for children a child who, at the time of placement for adoption, is in the guardianship of the department or other agency authorized to place children for adoption or for children in the guardianship of an American Indian tribal agency in this state. The adoption assistance may be continued after the child reaches the age of 18 if that child is a full-time high school student.

Note: Does the following:

1. If there are extenuating circumstances (which DHFS must define by administrative rule), provides an exception to the requirement that an adoption assistance agreement be signed prior to adoption. (The addition of this provision changes current statutes to reflect current federal guidelines and current administrative rules that define "extenuating circumstances".)

2. Clarifies that an adoption assistance agreement may be made only for a child who, at the time of placement for adoption, is in the guardianship of DHFS, another agency authorized to place children for adoption or an American Indian tribal agency in this state.

3. Deletes from the subsection on procedure the provision that adoption assistance may be continued after the child reaches the age of 18 if that child is a full-time high school student. This provision is included in s. 48.975 (3m), stats., as created by the bill.

AB601, s. 9 Section 9. 48.975 (4) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is renumbered 48.975 (4) (a).

AB601, s. 10 Section 10 . 48.975 (4) (b), (c) and (d) of the statutes are created to read:

AB601,8,9 48.975 (4) (b) If an agreement to provide adoption assistance is in effect and if the adoptive or proposed adoptive parents believe there has been a substantial change in circumstances, as defined by the department by rule promulgated under sub. (5) (c), the adoptive or proposed adoptive parents may request that the agreement be amended to increase the amount of adoption assistance for maintenance. If a request is received, the department shall do all of the following:

AB601,8,11 1. Determine whether there has been a substantial change in circumstances, as defined by the department by rule promulgated under sub. (5) (c).

AB601,8,14 2. If there has been a substantial change in circumstances, offer to increase the amount of adoption assistance for maintenance based on criteria established by the department by rule promulgated under sub. (5) (d).

AB601,8,17 3. If an increased amount of adoption assistance for maintenance is agreed to by the adoptive or proposed adoptive parents, amend the agreement in writing to specify the increased amount of adoption assistance for maintenance.

AB601,8,23 (c) The department may propose to the adoptive or proposed adoptive parents that an agreement to provide adoption assistance be amended to adjust the amount of adoption assistance for maintenance. If an adjustment in the amount of adoption assistance for maintenance is agreed to by the adoptive or proposed adoptive parents, the agreement shall be amended in writing to specify the adjusted amount of adoption assistance for maintenance.

AB601,8,25 (d) An agreement to provide adoption assistance may be amended more than once under par. (b) or (c).

Note: Does the following:

1. Provides that if an adoption assistance agreement is in effect and if the adoptive or proposed adoptive parents believe there has been a substantial change in circumstances, as defined by DHFS by rule, the adoptive or proposed adoptive parents may request that the adoption assistance agreement be amended to increase the amount of adoption assistance monthly maintenance.

2. Provides that if DHFS receives such a request, DHFS must do all of the following:

a. Determine whether there has been a substantial change in circumstances, as defined by DHFS by rule.

b. If there has been a substantial change in circumstances, offer to increase the amount of adoption assistance monthly maintenance based on criteria established by DHFS by rule for determining the amount of the increase to be offered by DHFS.

c. If the increase offered by DHFS is agreed to by the adoptive or proposed adoptive parents, amend the adoption assistance agreement in writing to specify the increased amount of adoption assistance monthly maintenance.

3. Permits DHFS to propose to the adoptive or proposed adoptive parents that an adoption assistance agreement be amended to adjust the amount of adoption assistance monthly maintenance; and provides that if an adjustment is agreed to by the adoptive or proposed adoptive parents, the agreement must be amended in writing to specify the adjusted amount of adoption assistance monthly maintenance.

4. Permits an adoption assistance agreement to be amended and reamended.

AB601, s. 11 Section 11. 48.975 (5) of the statutes is renumbered 48.975 (5) (intro.) and amended to read:

AB601,9,4 48.975 (5) Rules. (intro.) The department shall promulgate rules necessary to implement this section., which shall include all of the following:

AB601, s. 12 Section 12 . 48.975 (5) (a) to (e) of the statutes are created to read:

AB601,9,13 48.975 (5) (a) A rule defining the extenuating circumstances under which an initial agreement to provide adoption assistance under sub. (4) (a) may be made after adoption. This definition shall include all circumstances under which federal statutes, regulations or guidelines provide that federal matching funds for adoption assistance are available to the state if an initial agreement is made after adoption, but may not include circumstances under which federal statutes, regulations or guidelines provide that federal matching funds for adoption assistance are not available if an initial agreement is made after adoption.

AB601,9,15 (b) A rule defining a child with special needs, which shall include a child who the department determines has, at the time of placement for adoption, moderate or intensive difficulty-of-care problems, as defined by the department, or who the department determines is, at the time of placement for adoption, at high risk of developing those problems.

AB601,10,7 (c) A rule defining the substantial change in circumstances under which adoptive or proposed adoptive parents may request that an agreement made under sub. (4) be amended to increase the amount of adoption assistance for maintenance. The definition shall include all of the following:

AB601,10,10 1. Situations in which a child who was defined as a child with special needs based solely on being at high risk of developing moderate or intensive difficulty-of-care problems has developed those problems.

AB601,10,13 2. Situations in which a child's difficulty-of-care problems have increased from the moderate level to the intensive level as set forth in the department's schedule of difficulty-of-care levels promulgated by rule.

AB601,10,18 (d) Rules establishing requirements for submitting a request under sub. (4) (b), criteria for determining the amount of the increase in adoption assistance for maintenance that the department shall offer if there has been a substantial change in circumstances and the procedure to appeal the decision of the department regarding the request.

AB601,10,23 (e) A rule regarding when a child must be photolisted with the adoption information exchange under s. 48.55 in order to be eligible for adoption assistance. The rule may not require photolisting under any circumstances in which photolisting is not required by federal statutes, regulations or guidelines as a prerequisite for the state to receive federal matching funds for adoption assistance.

Note: Provides that the administrative rules promulgated by DHFS to implement the adoption assistance program must do all of the following:

1. Define the extenuating circumstances under which an initial adoption assistance agreement may be made after adoption. As discussed in the Note following Section 8, above, current statutes do not permit an initial adoption assistance agreement to be made after an adoption, even though current administrative rules do permit such an agreement to be made after adoption in extenuating circumstances. Section 8 of the bill amends the statutes to permit an initial adoption assistance agreement to be made after adoption, and this Section explicitly requires DHFS to promulgate an administrative rule defining the extenuating circumstances under which such an agreement may be made after adoption. Current federal guidelines provide that an initial adoption assistance agreement may be entered into after finalization of an adoption in extenuating circumstances, as set forth in those guidelines. The bill requires the definition of extenuating circumstances in the administrative rules to include all circumstances under which federal statutes, regulations or guidelines provide that federal matching funds for adoption assistance are available to the state if an initial agreement is made after adoption, but prohibits the definition from including circumstances under which federal statutes, regulations or guidelines provide that federal matching funds for adoption assistance are not available if an initial agreement is made after adoption.

2. Define a child with special needs and include in that definition: a) a child who DHFS determines has, at the time of adoptive placement, moderate or intensive difficulty-of-care problems, which DHFS must define by rule; and b) a child who DHFS determines is, at the time of adoptive placement, at high risk of developing those difficulty-of-care problems. The special committee did not intend that definition to be limited to these 2 situations.

To implement s. 48.975 (3) (a) 3., stats., as created by the bill, which permits a deferred adoption assistance agreement for at-high-risk children, the special committee requested that the administrative rules contain a definition of a child with special needs that includes at-high-risk children. The committee intended that factors known at the time of adoptive placement that are indicative of a high risk of later problems, such as drug or alcohol use by the birth mother during pregnancy, a family history of significant mental illness or previous abuse or neglect of the child, be included in the definition.

3. Define the substantial change in circumstances under which adoptive or proposed adoptive parents may request that an adoption assistance agreement be amended to increase the amount of adoption assistance monthly maintenance. The definition must include: a) situations in which an at-high-risk child has developed moderate or intensive difficulty-of-care problems; and b) situations in which a child's difficulty-of-care problems have increased from the moderate level to the intensive level under DHFS's schedule of difficulty-of-care levels.

4. Establish: a) requirements with which adoptive or proposed adoptive parents must comply in submitting a request for an increase in adoption assistance monthly maintenance based on a substantial change in circumstances; b) criteria for determining the amount of the increase in adoption assistance monthly maintenance that DHFS must offer if there has been a substantial change in circumstances; and c) the procedure by which the adoptive or proposed adoptive parents may appeal DHFS' decision regarding the request.

5. State when a child must be photolisted with the adoption information exchange in order to be eligible for adoption assistance. This rule may not require photolisting under any circumstances in which photolisting is not required by federal statutes, regulations or guidelines as a prerequisite for the state to receive federal matching funds for adoption assistance.

AB601, s. 13 Section 13. Nonstatutory provisions; health and family services.

AB601,12,5 (1) The department of health and family services shall submit in proposed form the rules required under section 48.975 (5) (a) to (e) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than January 1, 1998, or the first day of the 3rd month beginning after the effective date of this subsection, whichever is later.

Note: Requires DHFS to submit to the legislative council staff for review proposed changes to the administrative rules as required by this bill by January 1, 1998, or by the first day of the 3rd month beginning after the day after publication of this act, whichever is later.

AB601,12,13 (2) Of the amounts appropriated to the department of health and family services under section 20.435 (1) (o) of the statutes, the department shall expend $303,800 more in fiscal year 1998-99 than the department expended in fiscal year 1997-98 to fund the federal share of the cost of providing medical assistance to children who are eligible for adoption assistance based solely on being at high risk of developing moderate or intensive difficulty-of-care problems, as determined by the department under the rule promulgated by the department under section 48.975 (5) (b) of the statues, as created by this act.

Note: Requires DHFS to expend $303,800 more in fiscal year 1998-99 from the federal program revenue (PR-F) appropriation for the medical assistance program than DHFS expended in fiscal year 1997-98 from that appropriation to fund the federal share of the cost of providing medical assistance to at-high-risk children who are eligible for adoption assistance under this bill. This amount is based on the amended preliminary fiscal estimate prepared by DHFS for the special committee.

AB601,13,2 (3) The authorized FTE positions for the department of health and family services are increased by 0.5 FED position on July 1, 1998, to be funded from the appropriation under section 20.435 (3) (n) of the statutes, for the purpose of administering the adoption assistance program. Of the amounts appropriated to the department of health and family services under section 20.435 (3) (n) of the statutes, the department shall expend $23,300 more in fiscal year 1998-99 than the department expended in fiscal year 1997-98 to fund the position increase authorized under this subsection.

Note: Increases the full-time equivalent (FTE) positions authorized for DHFS by 0.5 federally funded (FED) position on July 1, 1998, to be funded from the PR-F federal program operations appropriation under the youth services program of DHFS, for the purpose of administering the adoption assistance program and requires DHFS to expend $23,300 more in fiscal year 1998-99 than DHFS expended in fiscal year 1997-98 from that appropriation to fund this position increase. The increase is related to processing applications for adoption assistance for at-high-risk children and processing requests for increased adoption assistance monthly maintenance payments when there has been a substantial change in circumstances. The increase in the number of authorized positions and the amount required to be expended are based on the amended preliminary fiscal estimate prepared by DHFS for the special committee.

AB601,13,6 (4) Of the amounts appropriated to the department of health and family services under section 20.435 (3) (pd) of the statutes, the department shall expend $307,100 more in fiscal year 1998-99 than the department expended in fiscal year 1997-98 to fund the federal share of all of the following:

AB601,13,12 (a) The cost of adoption assistance nonrecurring adoption expenses under section 48.975 (3) (c) of the statutes for children who are eligible for adoption assistance based solely on being at high risk of developing moderate or intensive difficulty-of-care problems, as determined by the department under the rule promulgated by the department under section 48.975 (5) (b) of the statutes, as created by this act.

AB601,13,16 (b) The cost of adoption assistance maintenance under section 48.975 (3) (a) of the statutes, as affected by this act, when there is a substantial change in circumstances, as determined by the department under the rule promulgated by the department under section 48.975 (5) (c) of the statutes, as created by this act.

Note: Requires DHFS to expend $307,100 more in fiscal year 1998-99 from the PR-F appropriation for federal aid, state foster care and adoption services than DHFS expended in fiscal year 1997-98 from that appropriation. The increased expenditure of federal funds is for the following:

1. The cost of providing adoption assistance nonrecurring adoption expenses for the at-high-risk children who, under this bill, are eligible for adoption assistance under a deferred adoption assistance agreement. (According to the amended preliminary fiscal estimate prepared by DHFS for the special committee, the federal portion of this cost for fiscal year 1998-99 is estimated to be $163,850.)

2. The cost of increased adoption assistance monthly maintenance payments when there is a substantial change in circumstances. (According to the amended preliminary fiscal estimate prepared by DHFS for the special committee, the federal portion of this cost for fiscal year 1998-99 is estimated to be $143,200. It is also estimated that this cost in fiscal year 1998-99 will be attributable to those children who are already receiving adoption assistance monthly maintenance at the beginning of fiscal year 1998-99. DHFS estimates that adoption assistance monthly maintenance would not be paid in fiscal year 1998-99 for the cohort of at-high-risk children who are first eligible for a deferred adoption assistance agreement in fiscal year 1998-99 because DHFS presumes that if there is a substantial change in circumstances with respect to these children, it will occur after fiscal year 1998-99.)

AB601,14,5 (5) Of the amounts appropriated to the department of health and family services under section 20.435 (3) (pd) of the statutes, the department shall expend $327,800 less in fiscal year 1998-99 than the department expended in fiscal year 1997-98 to fund the federal share of adoption assistance maintenance under section 48.975 (3) (a) of the statutes, as affected by this act.

Note: Requires DHFS to expend $327,800 less in fiscal year 1998-99 than DHFS expended in fiscal year 1997-98 from the PR-F federal aid, state foster care and adoption services appropriation to DHFS based on projected savings of the federal share of the cost of adoption assistance monthly maintenance for parents who sign initial adoption assistance agreements in fiscal year 1998-99. The amended preliminary fiscal estimate prepared by DHFS for the special committee indicates that the ability to amend adoption assistance agreements to increase maintenance payments based on a substantial change in circumstances, as created in the bill, may produce such savings.

AB601, s. 14 Section 14. Appropriation changes; health and family services.

AB601,14,14 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (1) (b) of the statutes, as affected by the acts of 1997, the dollar amount is increased by $212,200 for fiscal year 1998-99 to fund the state share of the cost of providing medical assistance to children who are eligible for adoption assistance based solely on being at high risk of developing moderate or intensive difficulty-of-care problems as determined by the department under the rule promulgated by the department under section 48.975 (5) (b) of the statutes, as created by this act.

Note: Increases the general purpose revenue (GPR) appropriation to DHFS by $212,200 in fiscal year 1998-99 for funding the state share of the cost of providing MA for at-high-risk children who are eligible for adoption assistance under this bill. The increase in the appropriation is based on the amended preliminary fiscal estimate prepared by DHFS for the special committee.

AB601,15,6 (2) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (3) (a) of the statutes, as affected by the acts of 1997, the dollar amount is increased by $54,300 for fiscal year 1998-99 to increase the authorized FTE positions for the department by 1.0 GPR position for the purpose of administering the adoption assistance program.

Note: Increases the GPR general program operations appropriation in the youth services program of DHFS by $54,300 in fiscal year 1998-99 in order to fund an increase in the authorized FTE positions for DHFS of 1.0 GPR position for administering the adoption assistance program. The increase in the appropriation and the number of authorized positions is related to processing applications for adoption assistance for at-high-risk children and processing requests for increased adoption assistance maintenance when there has been a substantial change in circumstances. The increase in the appropriation and the number of authorized positions is based on the amended preliminary fiscal estimate prepared by DHFS for the special committee.

AB601,15,10 (3) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (3) (dd) of the statutes, as affected by the acts of 1997, the dollar amount is increased by $310,200 in fiscal year 1998-99 to fund the state share of all of the following:

AB601,15,16 (a) The cost of adoption assistance nonrecurring adoption expenses under section 48.975 (3) (c) of the statutes for children who are eligible for adoption assistance based solely on being at high risk of developing moderate or intensive difficulty-of-care problems, as determined by the department under the rule promulgated by the department under section 48.975 (5) (b) of the statutes, as created by this act.

AB601,16,2 (b) The cost of adoption assistance maintenance under section 48.975 (3) (a) of the statutes, as affected by this act, when there is a substantial change in circumstances, as determined by the department under the rule promulgated by the department under section 48.975 (5) (c) of the statutes, as created by this act.

Note: Increases the GPR appropriation to DHFS for state foster care and adoption services by $310,200 in fiscal year 1998-99 for the following:

1. The cost of providing adoption assistance nonrecurring adoption expenses for the at-high-risk children who, under this bill, are eligible for adoption assistance under a deferred adoption assistance agreement. (According to the amended preliminary fiscal estimate prepared by DHFS for the special committee, the state share of this cost for fiscal year 1998-99 is estimated to be $163,850.)

2. The cost of increased adoption assistance monthly maintenance payments when there is a substantial change in circumstances. (According to the amended preliminary fiscal estimate prepared by DHFS for the special committee, the state share of this cost for fiscal year 1998-99 is estimated to be $146,300. It is further estimated that this cost in fiscal year 1998-99 will be attributable to those children who are already receiving adoption assistance monthly maintenance at the beginning of fiscal year 1998-99. DHFS estimates that adoption assistance monthly maintenance would not be paid in fiscal year 1998-99 for the cohort of at-high-risk children who are first eligible for a deferred adoption assistance agreement in fiscal year 1998-99 because DHFS presumes that if there is a substantial change in circumstances with respect to these children, it will occur after fiscal year 1998-99.)

AB601,16,7 (4) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (3) (dd) of the statutes, as affected by the acts of 1997, the dollar amount is decreased by $335,000 for fiscal year 1998-99 to decrease funding for the state share of adoption assistance for maintenance under section 48.975 (3) (a) of the statutes, as affected by this act.

Note: Decreases the GPR appropriation to DHFS for state foster care and adoption services by $335,000 for fiscal year 1998-99 based on projected savings of the state share of the cost of adoption assistance monthly maintenance for parents who sign initial adoption assistance agreements in fiscal year 1998-99. The amended preliminary fiscal estimate prepared by DHFS for the special committee indicates that the ability to amend adoption assistance agreements to increase maintenance payments based on a substantial change in circumstances, as created in the bill, may produce such savings.

AB601, s. 15 Section 15 . Initial applicability.

AB601,16,10 (1) The creation of section 48.975 (3) (a) 3. and (5) (b) of the statutes first applies to children who are placed for adoption on the effective date of this subsection.

Note: Specifies that the provisions in the bill defining at-high-risk children as children with special needs first apply to children who are placed for adoption on the effective date of this subsection, that is, on July 1, 1998, or on the day after publication of this act, whichever is later.

AB601, s. 16 Section 16 . Effective dates. This act takes effect on the day after publication, except as follows:

AB601,17,8 (1)  The repeal and recreation of section 46.10 (14) (cm) 1. of the statutes, the renumbering and amendment of section 48.975 (3) (a) of the statutes, the renumbering of section 48.975 (4) of the statutes, the creation of section 48.975 (3) (a) 3. and 4., (4) (b), (c) and (d) and (5) (b), (c) and (d) of the statutes and Section 15 (1) of this act take effect on July 1, 1998, or on the day after publication, whichever is later.

Note: Provides that this act takes effect on the day after publication, except that the provisions relating to permitting the amendment of adoption assistance agreements and defining at-high-risk children as children with special needs take effect on July 1, 1998, or on the day after publication, whichever is later.

AB601,17,9 (End)