DCF 50.03(1)(b)2.
2. The child is a member of a sibling group of 3 or more children that must be placed together;
DCF 50.03(1)(b)3.a.a. For an adoption assistance agreement entered into before July 1, 2011, the child exhibits special need characteristics judged to be moderate or intensive under the schedule of difficulty-of-care levels specified in
s. DCF 50.042 (3);
DCF 50.03(1)(b)4.
4. The child belongs to a minority race and children of that minority race cannot be readily placed due to a lack of appropriate placement resources; or
DCF 50.03(1)(b)5.
5. The child is a child at high risk of developing a moderate or intensive level of special needs under
subd. 3.
DCF 50.03(1)(c)
(c) Availability for adoption. A child shall be considered available for adoption if the child is in the guardianship of the department, a county department under s.
48.57 (1) (hm), Stats., or an adoption agency and the department, county department, or adoption agency decides that the child cannot or should not return to the home of his or her parents. If the child is an American Indian, adoption procedures shall be in accordance with
25 USC 1901 to
1963.
DCF 50.03(1)(d)
(d) Wisconsin responsibility. A child brought to Wisconsin for adoption from another state under the interstate compact on the placement of children, ss.
48.988 and
48.989, Stats., except as mandated by federal statutes and regulations, or from another nation under an orphan, relative or medical immigrant visa may not be provided adoption assistance from this state.
DCF 50.03 Note
Note: Federal law interpretations as provided in ACYF-CB-PA-01-01and ACYF-CB-IM-01-08 require that in an interstate adoption, when the sending state public child welfare agency does not have responsibility for placement and care of a child, the public child welfare agency in the adoptive parents' state of residence is responsible for determining whether the child meets the definition of special needs, entering into the adoption assistance agreement, and paying the subsidy for a child who meets eligibility requirements for federally funded adoption assistance.
DCF 50.03(2)
(2) Reasonable placement efforts to assure adoption placement. DCF 50.03(2)(a)(a) Reasonable efforts shall be made to assure a timely placement of the child with the best available family without adoption assistance. The agency shall make efforts to consider a number of families in order to locate the most suitable family for the child, including a review of all approved families associated with the agency, and consideration given, as required by s.
48.833, Stats., to the availability of an adoptive placement with a relative of the child, and those efforts shall be documented in the child's record. If 2 or more appropriate families are not approved and available within the agency, the agency shall make a timely effort to locate additional families by doing any of the following:
DCF 50.03(2)(a)3.
3. Working through the adoption information exchange to photolist the child with a national adoption exchange.
DCF 50.03(2)(b)
(b) Once the agency has determined that placement with a specific family would be the most suitable for the child, the agency shall make a full disclosure to the family of the child's background, to the extent known, as well as any existing or potential problem related to the child known to the adoption unit of the agency.
DCF 50.03(2)(c)
(c) If the child has a special need under
sub. (1) (b) and if the circumstances of either this subsection or
sub. (3) exist, the agency shall inform the family of the adoption assistance program and ask the proposed adoptive parents whether they are willing to adopt without adoption assistance. If the family is not willing to adopt without adoption assistance, the requirement that a reasonable, but unsuccessful, effort to place the child without adoption assistance is met. A request for adoption assistance shall not be a basis for removing a child from a current adoptive placement.
DCF 50.03(3)(a)(a) Subsection (2) shall be waived if the child has developed significant emotional ties with the foster family and it can be demonstrated that the child:
DCF 50.03(3)(a)2.
2. Is regarded by the foster parents, foster siblings, community and school as belonging to that family; and
DCF 50.03(3)(a)3.
3. Has, because of his or her attachment to the foster family and other factors such as age and number of previous placements, a diminished probability of forming new attachments if denied permanence with this family.
DCF 50.03(3)(b)
(b) Subsection (2) shall be waived if a child is in an adoptive placement without adoption assistance and, prior to making the adoption final, problems specified under
sub. (1) (b) 3. or
s. DCF 50.05 (4) arise and the family requests adoption assistance.
DCF 50.03 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84; renum. from HSS 50.02 and am. (1) (c) and (2), r. (3),
Register, July, 1985, No. 355, eff. 8-1-85; renum. (4) to be (3) under s. 13.93 (2m) (b) 1., Stats., correction in (3) (b) made under s. 13.93 (2m) (b) 7., Stats.,
Register July, 1985, No. 355; am. (intro.), (1) (a), (2) (intro.) and (c) and (3) (b), cr. (1) (d),
Register, December, 1988, No. 396, eff. 1-1-89; r. and recr. (2),
Register, September, 1992, No. 441, eff. 10-1-92; correction in (1) (b) 3. and (3) (b), made under s. 13.93 (2m) (b) 7., Stats.,
Register, July, 1994, No. 463; emerg. am. (1) (b) 3. and 4., cr. (1) (b) 5., r. and recr. (2), eff. 11-16-99; am. (1) (b) 3. and 4., cr. (1) (b) 5. and r., recr. (2),
Register, July, 2000, No. 535, eff. 8-1-00; correction in (1) (b) 3. made under s. 13.93 (2m) (b) 7., Stats.,
Register November 2002 No. 563;
CR 02-101: am. (intro.), (1) (c) and (d), (2) (a) 2., 3., and (c),
Register November 2002 No. 563, eff. 12-1-02; corrections in (1) (b) 3. and (3) (b) made under s. 13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
CR 10-148: am. (1) (a) 3., cr. (1) (a) 3. b.
Register August 2011 No. 668, eff. 9-1-11.
DCF 50.04
DCF 50.04
Application for adoption assistance. DCF 50.04(1)(1)
Timing. Except in extenuating circumstances as provided in
s. DCF 50.065 (2), an initial application for adoption assistance shall be completed and approved no later than the time the adoptive placement of the child occurs in. The prospective adoptive parents may file an application for adoption assistance under the circumstances noted in
s. DCF 50.03 (3) (b) or in
sub. (4) and adoptive parents may request an amendment to an existing agreement under the circumstances noted in
s. DCF 50.044 or
50.045.
DCF 50.04(2)
(2) Application form. Application shall be made on a form provided by the department.
DCF 50.04(2)(a)
(a) Part I of the application shall be completed and signed by the parent or parents and the adoption worker.
DCF 50.04(2)(b)
(b) Part II of the application shall be completed and approved or disapproved by a representative of the department designated for this purpose and a copy shall be given to the parent or parents and copies shall be kept in the parent and child file.
DCF 50.04(3)
(3) Child and family summary. Information documenting the need for adoption assistance shall be recorded on the child and family summary form and submitted with the completed application form for approval or disapproval by a representative of the department designated for this purpose.
DCF 50.04(4)
(4) Adoption assistance agreement. The adoption assistance agreement shall be completed and signed by the prospective adoptive parent or parents, the adoption worker and a representative of the department designated for this purpose. If at any time prior to the adoption the prospective adoptive parent or parents believe there has been a substantial change in circumstances, the prospective adoptive parent or parents may file an application for an amended agreement. The agency, subject to department review, shall assess the current special needs of the child and, as appropriate, the department shall offer to amend the agreement. The amended agreement shall be agreed to and signed by the prospective adoptive parent or parents, the adoption worker and a representative of the department designated for this purpose. Copies of the signed agreement shall be given to the adoptive parent or parents and placed in the child's adoption record. For purposes of amending an agreement following adoption, the agreement in effect at the time of adoption is considered the original agreement.
DCF 50.04(5)
(5) Payment authorization. The adoption worker shall complete the payment authorization form and send a copy to the division prior to the initiation of adoption assistance benefits.
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)(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)(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.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)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.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.c.
c. Severe hyperactivity to the point of frequent destructiveness or sleeplessness.
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)(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.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.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)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.
