Chapter DCF 50

DCF 50.09(2)(d) (d) Exceptions. The requirements of this subsection do not apply if any of the following conditions is met:

DCF 50.09(2)(d)1. 1. The child has developed significant emotional ties with the child’s foster family and all of the following conditions are met:

DCF 50.09(2)(d)1.a. a. The child identifies as a member of the family.

DCF 50.09(2)(d)1.b. b. The child’s foster parents, foster siblings, community, and school consider the child to be a member of that family.

DCF 50.09(2)(d)1.c. c. If denied permanence with the foster family, the child has a diminished probability of forming new attachments due to the child’s attachment to the foster family and other factors, such as age and number of previous placements.

DCF 50.09(2)(d)2. 2. Proposed adoptive parents request adoption assistance for a child placed in the proposed adoptive parents’ home for adoption without adoption assistance if the child demonstrates a special need that meets the standard in sub. (1) (b) 3. before the adoption is finalized.

DCF 50.09 History History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in (1) (b) 6. c., (2) (d) (intro.) made under s. 35.17, Stats., Register August 2018 No. 752; 2019 Wis. Act 92: am. (1) (b) 1., 2. Register February 2020 No. 770, eff. 3-1-20.

DCF 50.10 DCF 50.10 Application for adoption assistance.

DCF 50.10(1) (1) Timing. An application for adoption assistance shall be completed on forms prescribed by the department and a written, signed agreement to provide adoption assistance shall be made prior to the adoption.

DCF 50.10(2) (2) Extenuating circumstances. Notwithstanding sub. (1), an application for adoption assistance may be accepted after an adoption order is entered under the conditions specified in s. DCF 50.17 (3).

DCF 50.10 Note Note: The application for adoption assistance for a public adoption is in the department’s automated child welfare system eWISACWIS. For a private domestic adoption or a tribal or customary adoption, the forms required to apply for adoption assistance are listed in a forms checklist. The forms checklist and all of the forms specified on the checklist are part of the application.

DCF 50.10 Note DCF-F-5259, Adoption Assistance Forms Checklist/Routing Instructions Private Domestic Adoptions.

DCF 50.10 Note DCF-F-5159, Adoption Assistance Forms Checklist/Routing Instructions Tribal or Customary Adoptions.

DCF 50.10 Note The forms are available in the forms section of the department website, http://dcf.wisconsin.gov, or by writing the Division of Safety and Permanence, at P.O. Box 8916, Madison, WI 53708-8916.

DCF 50.10 History History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in numbering in (1) made under s. 13.92 (4) (b) 1., Stats., Register August 2018 No. 752.

DCF 50.11 DCF 50.11 Amount of adoption assistance.

DCF 50.11(1) (1) Monthly adoption assistance payment.

DCF 50.11(1)(a) (a) The amount of a monthly adoption assistance payment is as indicated in the initial adoption assistance agreement or in an amendment to the agreement signed by the adoptive parent and the department.

DCF 50.11(1)(b) (b) In determining the amount of a monthly adoption assistance payment, each situation shall be considered individually based on the needs of the child and the circumstances of the family. A monthly payment may include any of the following:

DCF 50.11(1)(b)1. 1. A basic maintenance payment specified in s. 48.62 (4), Stats.

DCF 50.11(1)(b)2. 2. A supplemental payment based on the child’s difficulty-of-care levels or identified special needs specified in one of the following:

DCF 50.11(1)(b)2.a. a. For an adoption assistance agreement entered into before July 1, 2011, the rate schedule under s. DCF 50.12.

DCF 50.11(1)(b)2.b. b. 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 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 50.11(1)(b)3. 3.

DCF 50.11(1)(b)3.a. a. An exceptional payment determined under s. DCF 50.12 for an adoption assistance agreement entered into before July 1, 2011, except that an exceptional payment cannot be established or increased in an amendment to the adoption assistance agreement.

DCF 50.11(1)(b)3.b. b. An exceptional payment determined under s. DCF 56.23 (3) for an adoption assistance agreement entered into on or after July 1, 2011, except that an exceptional payment cannot be established or increased in an amendment to the adoption assistance agreement.

DCF 50.11(1)(c) (c) The rate in the initial adoption assistance agreement for a child at high risk of developing a moderate or intensive level of special needs under s. DCF 50.09 (1) (b) 6. is $0. The rate may be adjusted in an amendment to the agreement under s. DCF 50.14.

DCF 50.11(1)(d) (d) The effective date for a rate increase in an amendment is the first day of the month that the department received the request to amend the adoption assistance agreement, except that no increase shall be made prior to 12 months after a previous rate increase.

DCF 50.11(1)(e) (e) The effective date for a rate decrease in an amendment is the first day of the month following the month that the amended agreement expires.

DCF 50.11(1)(f) (f) The effective date for the termination of adoption assistance for any reason shall be the last day of the month that eligibility for benefits ends.

DCF 50.11(2) (2) Medical assistance.

DCF 50.11(2)(a) (a) Medical assistance under title XIX of the Social Security Act of 1935, as amended, will be provided for the adoptee in accordance with the procedures of the state in which the adoptee resides, except if an adoptee receiving Wisconsin adoption assistance moves out of the state and is not eligible in the new state of residence, the adoptee is eligible for Wisconsin’s medical assistance under ss. 49.43 to 49.498, Stats.

DCF 50.11(2)(b) (b) Adoptive parents shall complete a form prescribed by the department of health services to provide information on any private health insurance.

DCF 50.11 Note Note: Form HCF-10115, BadgerCare Plus/Medicaid Health Insurance Information, is available in the forms section of the Department of Health Services website, http://www.dhs.wisconsin.gov, or from the Division of Medicaid Services, P.O. Box 309 Madison, WI 53701-0309.

DCF 50.11(3) (3) Nonrecurring adoption expenses.

DCF 50.11(3)(a) (a) In this subsection, “nonrecurring adoption expenses” means reasonable and necessary adoption fees, court costs, attorney fees, and other expenses that are directly related to the legal adoption of a child with special needs under s. DCF 50.09 (1) (b) if the expenses are not incurred in violation of state or federal laws.

DCF 50.11(3)(b) (b) If a child is adopted with an approved adoption assistance agreement, the department shall reimburse the adoptive parents for nonrecurring adoption expenses up to $2,000. An adoptive parent shall use a form prescribed by the department to request reimbursement. A request for reimbursement may only be submitted after the adoption order is entered and shall be submitted no more than 2 years after the entry of the adoption order.

DCF 50.11 Note Note: DCF-F-S0459-E, Adoption of Children with Special Needs One Time Expense Reimbursement, is available in the forms section of the department website, http://dcf.wisconsin.gov/ or by writing the Division of Safety and Permanence, at P.O. Box 8916, Madison, WI 53708-8916.

DCF 50.11 History History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in (3) (a) made under s. 35.17, Stats., Register August 2018 No. 752; correction in (1) (b) 3. b. made under s. 35.17, Stats., Register May No. 821; EmR2403: emerg. am. (1) (b) 2. b., eff. 2-20-24: CR 24-014: am. (1) (b) 2. b. Register July 2024 No. 823, eff. 8-1-24.

DCF 50.12 DCF 50.12 Supplemental payments under adoption assistance agreements entered into before July 1, 2011.

DCF 50.12(1) (1) Coverage. This section applies to supplemental payments provided under adoption assistance agreements entered into before July 1, 2011.

DCF 50.12(2) (2) Supplemental payments.

DCF 50.12(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 50.12(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 within 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 50.12(2)(c) (c) The placing department shall document in the child’s case record the characteristics of any selected level of care.

DCF 50.12(3) (3) Schedule of difficulty-of-care levels.

DCF 50.12(3)(a) (a) Emotional.

DCF 50.12(3)(a)1. 1. “Level A, not applicable” children do not exhibit unusual emotional characteristics for foster children in their age group.

DCF 50.12(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 50.12(3)(a)2.a. a. Demanding excessive attention from others.

DCF 50.12(3)(a)2.b. b. Nervous, high-strung, impulsive and displaying temper tantrums.

DCF 50.12(3)(a)2.c. c. Restless and hyperactive, having a short attention span and occasionally wetting during the night.

DCF 50.12(3)(a)2.d. d. Exhibiting low self-esteem and lacking confidence in their ability to deal with the world.

DCF 50.12(3)(a)2.e. e. Periodically withdrawn and unresponsive.

DCF 50.12(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 50.12(3)(a)3.a. a. Habitually resistive and having difficulty communicating with others, often failing to do what is expected of them.

DCF 50.12(3)(a)3.b. b. Typically respond to situations with apathy, showing a lack of any interest.

DCF 50.12(3)(a)3.c. c. Have difficulty in establishing relationships and set up others for rejection.

DCF 50.12(3)(a)3.d. d. Display cultural and social conflicts.

DCF 50.12(3)(a)3.e. e. Frequent night bed-wetters or occasionally defecate in bed clothes or both.

DCF 50.12(3)(a)3.f. f. Display over-activity and over-excitedness, necessitating close supervision.

DCF 50.12(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 50.12(3)(a)4.a. a. Infantile personalities.

DCF 50.12(3)(a)4.b. b. Wet or defecate in clothing during daytime hours several times a week.

DCF 50.12(3)(a)4.c. c. Severe hyperactivity to the point of frequent destructiveness or sleeplessness.

DCF 50.12(3)(a)4.d. d. Chronically withdrawn, depressed or anxious.

DCF 50.12(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 50.12(3)(a)4.f. f. Display anorexia nervosa.

DCF 50.12(3)(b) (b) Behavioral.

DCF 50.12(3)(b)1. 1. “Level A, not applicable” children do not exhibit unusual behavioral characteristics for foster children in their age group.

DCF 50.12(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 50.12(3)(b)2.a. a. Run away infrequently for up to 2 days with the intention of returning.

DCF 50.12(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 50.12(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 50.12(3)(b)2.d. d. Infrequent conflicts with parents or community authorities, including displays of hostility and occasional petty theft, vandalism or both.

DCF 50.12(3)(b)2.e. e. Exhibit occasional aggressive behavior such as biting, scratching or throwing objects at another person.

DCF 50.12(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 50.12(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 50.12(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 50.12(3)(b)3.c. c. Exhibit sexual activity harmful to themselves and disruptive to their family and community relationships.

DCF 50.12(3)(b)3.d. d. Occasionally have been involved in non-violent crimes such as burglary, which caused conflict with authority.

DCF 50.12(3)(b)3.e. e. Exhibit frequent aggressive behavior such as biting, scratching or throwing objects at another person.

DCF 50.12(3)(b)3.f. f. Exhibit occasional self-abusive behavior such as banging their heads, poking their eyes, kicking themselves or biting themselves.

DCF 50.12(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 50.12(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 50.12(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 50.12(3)(b)4.c. c. Exhibit sexual deviancy, including that of a violent nature or nonconsenting involvement of others.

DCF 50.12(3)(b)4.d. d. Habitually use alcohol, drugs or both.

DCF 50.12(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.