Chapter DCF 50

DCF 50.14(4)(b)1.b. b. A finding that is comparable to a final substantiated finding of the child has been made in any other jurisdiction where an adoptive parent has resided.

DCF 50.14(4)(b)2. 2. If a finding under subd. 1. is overturned, the department shall reconsider an amendment request that was denied based on the finding.

DCF 50.14(4)(c) (c) Adoptive parents that have not been receiving payments.

DCF 50.14(4)(c)1. 1. ‘Department offer.’ If the department determines that there has been a substantial change in circumstances that establishes that a child previously determined to be at high risk under s. DCF 50.09 (1) (b) 6. now meets the conditions of s. DCF 50.09 (1) (b) 3., and there is not a final substantiated finding of abuse or neglect of the child by an adoptive parent as provided in par. (b), offer to begin monthly adoption assistance payments for up to one year.

DCF 50.14(4)(c)2. 2. ‘Monthly amount for adoptive parents that are beginning to receive payments.’ Determine the monthly amount of the monthly adoption assistance payments for a child that was previously determined to be at high risk under s. DCF 50.09 (1) (b) 6. and now meets the conditions of s. DCF 50.09 (1) (b) 3., based on all of the following:

DCF 50.14(4)(c)2.a. a. The basic maintenance payment specified in s. 48.62 (4), Stats., in effect at the time the request for adoption assistance amendment form was received by the department.

DCF 50.14(4)(c)2.b. b. For an adoption assistance agreement entered into before July 1, 2011, a supplemental payment determined under the rate schedule under s. DCF 50.12 (2) and (3). For an adoption assistance agreement entered into on or after July 1, 2011, a supplemental payment determined under 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 50.14(4)(c)3. 3. ‘No exceptional payments.’ No exceptional payment under s. DCF 50.12 (4) or 56.23 (3) may be established.

DCF 50.14(4)(d) (d) Adoptive parents that have been receiving monthly payments.

DCF 50.14(4)(d)1. 1. ‘Department offer.’ If the department determines that there has been a substantial change in circumstances that establishes that a child that has identified special needs has had an increase in special needs in one or more categories of the supplemental payment schedule and there has not been a final substantiated finding of abuse or neglect of the child by an adoptive parent as provided in par. (b), offer to adjust the amount of the monthly adoption assistance payments 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.

DCF 50.14(4)(d)2. 2. ‘Monthly amount for adoptive parents who have been receiving payments.’ Determine the monthly amount of the monthly adoption assistance payments for a child who had identified special needs and has had an increase in the special needs in one or more categories of the supplemental payment schedule, based on all of the following:

DCF 50.14(4)(d)2.a. a. The basic maintenance payment specified in s. 48.62 (4), Stats., in the existing adoption assistance agreement.

DCF 50.14(4)(d)2.b. b. For an adoption assistance agreement entered into before July 1, 2011, an adjusted supplemental payment determined under the rate schedule under s. DCF 50.12 (2) and (3). 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 50.14(4)(d)2.c. c. Notwithstanding subd. 2. b., 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 50.14(4)(d)2.d. d. Any exceptional payment in the existing adoption assistance agreement. No adjustment may be made to an existing exceptional payment and no new exceptional payment may be established under s. DCF 50.12 (4) or 56.23 (3).

DCF 50.14(4)(e) (e) Amended agreement. Offer to amend the agreement in writing for up to one year to specify the new amount of the monthly payments if the adoptive parents agree with the proposed amount of the payments and return the signed amendment within 30 days after the date of the notice of the decision.

DCF 50.14(4)(f) (f) Review amendment. Review an amended adoption assistance agreement, as follows:

DCF 50.14(4)(f)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 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 with the expiration date, a request for an adoption assistance amendment form, and instructions for completing the form.

DCF 50.14(4)(f)2. 2. The department may require that the adoptive parents 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 adoptive parents if the amount of adoption assistance will be continued, reduced, or returned to the amount in the original agreement or previous amended agreement. The amount of the decrease offered by the department may not result in an amount of adoption assistance for maintenance that is less than the initial amount of adoption assistance for maintenance provided for the child under s. 48.975 (3) (a) 1., 2., or 3., Stats.

DCF 50.14 History History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; (3) (c) 3. (title) created under s. 13.92 (4) (b) 2., correction in (4) (b) (intro.), (c) 3., (f) 1. made under s. 35.17, Stats., Register August 2018 No. 752.

DCF 50.15 DCF 50.15 Notification and review requirements.

DCF 50.15(1) (1) Post-agreement and placement.

DCF 50.15(1)(a) (a) Family notification requirements. After the department has signed and approved the adoption assistance agreement and the child has been placed in the home, the adoptive or proposed adoptive parents shall notify the department no later than 30 days after any of the following occur:

DCF 50.15(1)(a)1. 1. The adoptive or proposed adoptive parents’ address changes.

DCF 50.15(1)(a)2. 2. The child is no longer living with the adoptive or proposed adoptive parents.

DCF 50.15(1)(a)3. 3. The child is no longer receiving any support from the adoptive or proposed adoptive parents.

DCF 50.15(1)(a)4. 4. The parental rights of the adoptive parents have been terminated and they are no longer legally responsible for support of the child.

DCF 50.15(1)(a)5. 5. The child is married.

DCF 50.15(1)(a)6. 6. The child enlists in the military.

DCF 50.15(1)(a)7. 7. The death of the child.

DCF 50.15(1)(a)8. 8. The child attains 18 years of age.

DCF 50.15(1)(a)9. 9. The child completes high school after attaining 18 years of age.

DCF 50.15(1)(a)10. 10. The child is determined eligible for adoption assistance under sub. (3) (a) 3. and no longer has an individualized education program under s. 115.787, Stats., in effect.

DCF 50.15 Note Note: Notice may be delivered in person or by mail to the Division of Safety and Permanence, Bureau of Permanence and Out-of-Home Care, 201 W. Washington Avenue, P.O. Box 8916, Madison, WI 53708-8916.

DCF 50.15(1)(b) (b) Medical assistance notification requirements. Adoptive or proposed adoptive parents shall comply with notification requirements of the department of health services regarding medical assistance for the child, including a change in health insurance benefits or coverage.

DCF 50.15(1)(c) (c) Verification of individualized education program. The adoptive parents shall provide a copy of the child’s individualized education program under s. 115.787, Stats., before the department may determine that the child is eligible for adoption assistance to continue under sub. (3) (a) 3.

DCF 50.15(2) (2) Department actions.

DCF 50.15(2)(a) (a) Advance notice of termination and potential eligibility after adoptee attains 18 years of age.

DCF 50.15(2)(a)1. 1. Six months before the adoptee attains 18 years of age, the department shall notify the adoptive parents that adoption assistance will terminate when the adoptee turns 18 years old, unless the adoptive parents provide information regarding potential eligibility for the payments to continue under sub. (3).

DCF 50.15(2)(a)2. 2. The department shall determine an adoptee’s eligibility under sub. (3) if the adoptive parents provide all required information.

DCF 50.15(2)(b) (b) Termination. The department shall terminate adoption assistance for a reason specified in sub. (1) (a) 3. to 10. or if the adoptive parents submit a written request for termination of the adoption assistance agreement, unless the department suspends monthly adoption assistance payments under par. (c) or the adoptee is 18 years of age or over and is eligible under sub. (3).

DCF 50.15(2)(c) (c) Suspension. The department may suspend monthly adoption assistance payments if the adoptee is temporarily not being supported by the adoptive parents.

DCF 50.15(3) (3) Adoption assistance eligibility after adoptee attains 18 years of age.

DCF 50.15(3)(a) (a) Parents of an adoptee who is 18 years of age or older may continue to receive monthly adoption assistance payments if no change specified in sub. (1) (a) 3. to 10. affecting eligibility has occurred and any of the following conditions is met:

DCF 50.15(3)(a)1. 1. The adoptee is under 19 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete the program before reaching 19 years of age.

DCF 50.15(3)(a)2. 2. The adoptee is under 21 years of age and all of the following conditions are met:

DCF 50.15(3)(a)2.a. a. The adoptee is a full-time student at a secondary school or its vocational or technical equivalent.

DCF 50.15(3)(a)2.b. b. The department determines that the adoptee has a mental or physical disability that warrants the continuation of adoption assistance.

DCF 50.15(3)(a)2.c. c. The adoptee is not eligible for social security disability insurance under 42 USC 401 to 433 or supplemental security income under 42 USC 1381 to 1385 based on disability.

DCF 50.15(3)(a)2.d. d. The adoptee otherwise lacks adequate resources to continue in secondary school or its vocational or technical equivalent.

DCF 50.15(3)(a)3. 3. The adoptee is 18 years of age or over, but is under 21 years of age and all of the following conditions are met:

DCF 50.15(3)(a)3.a. a. The adoptee is a full-time student at a secondary school or its vocational or technical equivalent.

DCF 50.15(3)(a)3.b. b. There is an individualized education program under s. 115.787, Stats., in effect for the adoptee.

DCF 50.15(3)(a)3.c. c. The adoption assistance agreement for the adoptee became effective on or after the adoptee attained 16 years of age.

DCF 50.15(3)(b) (b) Adoption assistance may be reinstated following termination of assistance by adoptive parents when the adoptee was 18 years of age or over if the adoptee will be eligible under par. (a) 3.

DCF 50.15 History History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in (3) (a) (intro.) made under s. 35.17, Stats., Register August 2018 No. 752.

DCF 50.16 DCF 50.16 Adoption assistance overpayments. The department may recover an overpayment of adoption assistance from adoptive parents by any of the following means:

DCF 50.16(1) (1) Reducing the amount of the monthly adoption assistance payments by an amount agreed to by the adoptive parents and the department.

DCF 50.16(2) (2) Requesting payment within a specified time period or negotiating a payment plan.

DCF 50.16(3) (3) Certifying the debt for collection by the department of revenue under s. 71.93, Stats.

DCF 50.16 History History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in numbering in (1) to (3) made under s. 13.92 (4) (b) 1., Stats., Register August 2018 No. 752.

DCF 50.17 DCF 50.17 Adoption assistance reviews and appeals.

DCF 50.17(1) (1) Before adoption is final.

DCF 50.17(1)(a) (a) Prior to the entry of the adoption order, proposed adoptive parents may contest a department action by requesting any of the following:

DCF 50.17(1)(a)1. 1. A review by the division administrator or designee.

DCF 50.17(1)(a)2. 2. A hearing before the division of hearings and appeals under ch. 227, Stats., and ch. HA 3.

DCF 50.17(1)(b) (b) Any of the following department actions may be contested under par. (a):

DCF 50.17(1)(b)1. 1. Denial of eligibility for adoption assistance.

DCF 50.17(1)(b)2. 2. The amount of the monthly adoption assistance payment that the department offered.

DCF 50.17(1)(c) (c) A request for review may be filed no later than 10 days after the date of the department’s notice of the action.

DCF 50.17(2) (2) After adoption is final.

DCF 50.17(2)(a) (a) After the adoption is final, adoptive parents may request a hearing with the division of hearings and appeals under ch. 227, Stats., and ch. HA 3 to appeal any of the following actions:

DCF 50.17(2)(a)1. 1. Denial of an amendment request under s. DCF 50.14 or approval of an amount that is less than the adoptive parents consider appropriate.

DCF 50.17(2)(a)2. 2. Amendment or termination of the adoption assistance agreement without the concurrence of the adoptive parents.

DCF 50.17(2)(a)3. 3. Suspension of monthly adoption assistance payments without the concurrence of the adoptive parents.

DCF 50.17(2)(a)4. 4. Failure of the department to comply with a condition of the adoption assistance agreement.

DCF 50.17(2)(a)5. 5. A determination that the adoptive parents received an overpayment or the amount of the overpayment.

DCF 50.17(2)(b) (b) Adoptive parents may request a hearing no later than 30 days after the date of the department’s notice of the action or the date of the inaction.

DCF 50.17(3) (3) After adoption is final with extenuating circumstances. After the adoption is final, adoptive parents may request a hearing with the division of hearings and appeals under ch. 227, Stats., and ch. HA 3 if all of the following conditions are met:

DCF 50.17(3)(a) (a) The adoptive parents are appealing any of the following:

DCF 50.17(3)(a)1. 1. A department decision after the adoption became final that the conditions of eligibility in s. DCF 50.09 are not met.

DCF 50.17(3)(a)2. 2. A department decision before the adoption became final relating to the amount of adoption assistance under s. DCF 50.11.

DCF 50.17(3)(b) (b) The conditions for eligibility for adoption assistance in s. DCF 50.09 existed at the time the adoption became final.

DCF 50.17(3)(c) (c) One of the following extenuating circumstances occurred:

DCF 50.17(3)(c)1. 1. 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 adoption agency 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 50.17(3)(c)2. 2. Adoption assistance was denied based upon a means test of the adoptive family.

DCF 50.17(3)(c)3. 3. The department’s determination that the child was ineligible for adoption assistance was erroneous.

DCF 50.17(3)(c)4. 4. 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.

DCF 50.17(3)(d) (d) It has been less than 90 days since the adoptive parents knew or reasonably should have known of the extenuating circumstance under par. (c) that is the basis for the hearing request.