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DCF 50.04 Note Note: Copies of the application form and the child and family summary form may be obtained by writing: Department of Children and Families, Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.
DCF 50.04 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; renum. from HSS 50.03, Register, July, 1985, No. 355, eff. 8-1-85; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1985, No. 355; am. (1) (3), (4) and (6), Register, December, 1988, No. 396, eff. 1-1-89; am. (2) (b), (3) to (5), Register, September, 1992, No. 441, eff. 10-1-92; r. (6), Register, July, 1994, No. 463, eff. 8-1-94; emerg. am. (1) and (4), eff. 11-16-99; am. (1) and (4), Register, July, 2000, No. 535, eff. 8-1-00; corrections in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DCF 50.042 DCF 50.042 Supplemental payments under adoption assistance agreements entered into before July 1, 2011.
DCF 50.042(1)(1)Coverage. This section applies to supplemental payments provided under adoption assistance agreements entered into before July 1, 2011.
DCF 50.042(2) (2)Supplemental payments.
DCF 50.042(2)(a)(a) The department may make supplemental payments to the prospective or adoptive parents of a child in an amount to be determined by the department if the child requires more than the usual amount of care and supervision for the child's age because of special emotional, behavioral, or physical and personal needs.
DCF 50.042(2)(b) (b) If a child does not exhibit characteristics commensurate with a moderate or intensive level of emotional, behavioral, or physical and personal special needs categories described in sub. (3), no supplemental payment may be made. If the child exhibits characteristics commensurate with in a moderate or intensive level of one or more of the emotional, behavioral, or physical and personal special need categories under sub. (3), a supplemental payment in an amount to be determined by the department shall be paid.
DCF 50.042(2)(c) (c) The placing agency shall document in the child's case record the characteristics of any selected level of care.
DCF 50.042(3) (3)Schedule of difficulty-of-care levels.
DCF 50.042(3)(a)(a) Emotional.
DCF 50.042(3)(a)1.1. "Level A, not applicable" children do not exhibit unusual emotional characteristics for foster children in their age group.
DCF 50.042(3)(a)2. 2. "Level B, minimal" children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:
DCF 50.042(3)(a)2.a. a. Demanding excessive attention from others.
DCF 50.042(3)(a)2.b. b. Nervous, high-strung, impulsive and displaying temper tantrums.
DCF 50.042(3)(a)2.c. c. Restless and hyperactive, having a short attention span and occasionally wetting during the night.
DCF 50.042(3)(a)2.d. d. Exhibiting low self-esteem and lacking confidence in their ability to deal with the world.
DCF 50.042(3)(a)2.e. e. Periodically withdrawn and unresponsive.
DCF 50.042(3)(a)3. 3. "Level C, moderate" children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:
DCF 50.042(3)(a)3.a. a. Habitually resistive and having difficulty communicating with others, often failing to do what is expected of them.
DCF 50.042(3)(a)3.b. b. Typically respond to situations with apathy, showing a lack of any interest.
DCF 50.042(3)(a)3.c. c. Have difficulty in establishing relationships and set up others for rejection.
DCF 50.042(3)(a)3.d. d. Display cultural and social conflicts.
DCF 50.042(3)(a)3.e. e. Frequent night bed-wetters or occasionally defecate in bed clothes or both.
DCF 50.042(3)(a)3.f. f. Display over-activity and over-excitedness, necessitating close supervision.
DCF 50.042(3)(a)4. 4. "Level D, intensive" children exhibit behavior that includes or corresponds in extent or degree with one or more of the following characteristics, and the characteristics are severe:
DCF 50.042(3)(a)4.a. a. Infantile personalities.
DCF 50.042(3)(a)4.b. b. Wet or defecate in clothing during daytime hours several times a week.
DCF 50.042(3)(a)4.c. c. Severe hyperactivity to the point of frequent destructiveness or sleeplessness.
DCF 50.042(3)(a)4.d. d. Chronically withdrawn, depressed or anxious.
DCF 50.042(3)(a)4.e. e. Self-injurious, require constant and intensive supervision and may be involved in behavioral management programs or show bizarre or severely disturbed behavior.
DCF 50.042(3)(a)4.f. f. Display anorexia nervosa.
DCF 50.042(3)(b) (b) Behavioral.
DCF 50.042(3)(b)1.1. "Level A, not applicable" children do not exhibit unusual behavioral characteristics for foster children in their age group.
DCF 50.042(3)(b)2. 2. "Level B, minimal" children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:
DCF 50.042(3)(b)2.a. a. Run away infrequently for up to 2 days with the intention of returning.
DCF 50.042(3)(b)2.b. b. Occasionally skip classes or an entire day of school, affecting class achievement and requiring make-up school work and parent contact with the school.
DCF 50.042(3)(b)2.c. c. Use sexual acting-out or language as an attention-getting mechanism and occasionally experiment with alcohol, drugs or both.
DCF 50.042(3)(b)2.d. d. Infrequent conflicts with parents or community authorities, including displays of hostility and occasional petty theft, vandalism or both.
DCF 50.042(3)(b)2.e. e. Exhibit occasional aggressive behavior such as biting, scratching or throwing objects at another person.
DCF 50.042(3)(b)3. 3. "Level C, moderate" children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:
DCF 50.042(3)(b)3.a. a. Run away 4 to 7 times a year for 3 or 4 days at a time and requires encouragement to return.
DCF 50.042(3)(b)3.b. b. Truant from school one to 2 times a month for more than one day, resulting in delayed academic progress including performance below their ability that may lead to class failure, possible suspension and frequent parent contact with the school.
DCF 50.042(3)(b)3.c. c. Exhibit sexual activity harmful to themselves and disruptive to their family and community relationships.
DCF 50.042(3)(b)3.d. d. Occasionally have been involved in non-violent crimes such as burglary, which caused conflict with authority.
DCF 50.042(3)(b)3.e. e. Exhibit frequent aggressive behavior such as biting, scratching or throwing objects at another person.
DCF 50.042(3)(b)3.f. f. Exhibit occasional self-abusive behavior such as banging their heads, poking their eyes, kicking themselves or biting themselves.
DCF 50.042(3)(b)4. 4. "Level D, intensive" children exhibit behavior that includes or corresponds in extent or degree with one or more of the following characteristics, and the characteristics are severe:
DCF 50.042(3)(b)4.a. a. Runs away 8 or more times a year for 5 or more days at a time, returning only on the initiative of others.
DCF 50.042(3)(b)4.b. b. Habitually create a disturbance in the classroom or be habitually truant from school resulting in class failure, frequent suspension or expulsion, and requiring frequent parent contact with the school.
DCF 50.042(3)(b)4.c. c. Exhibit sexual deviancy, including that of a violent nature or nonconsenting involvement of others.
DCF 50.042(3)(b)4.d. d. Habitually use alcohol, drugs or both.
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) (c) Physical and personal care.
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.b. b. Needs assistance to care for and maintain physical assisting devices.
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.d. d. Needs tube or gavage feeding.
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.d. d. Require prevention procedures such as daily irrigation.
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(3)(c)4.f. f. Orthotics care.
DCF 50.042(3)(c)4.g. g. Prescribed physical therapies taking 2 to 3 hours a day.
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.
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