DCF 50.06(2)
(2) Post-placement responsibilities of adoptive parents. After the adoption assistance agreement has been signed and approved by the department and the child has been placed in the home, the adoptive parent shall notify the division within 30 days of the occurrence of any of the following circumstances:
DCF 50.06(2)(g)
(g) High school completion date after the adoptee reaches 18 years of age;
DCF 50.06(2)(i)
(i) If the adopting parents are no longer supporting the adoptee; and
DCF 50.06(2)(j)
(j) If the adoptee has been placed in an institution or other alternate care facility at public expense.
DCF 50.06 Note
Note: Notice may be delivered in person, by mail, or facsimile (fax) to the Division of Safety and Permanence, Bureau of Permanence and Out-of-Home Care, 201 E. Washington Avenue, P.O. Box 8916, Madison, WI 53708-8916. The toll free telephone number is 866-666-5532. The fax number is 608-264-6750.
DCF 50.06(3)
(3) Post-placement responsibilities of the department. After the adoption agreement has been signed and approved by the department and the child has been placed in the home, the department shall:
DCF 50.06(3)(a)
(a) Biannually send written notification to adoptive families of the post-placement responsibilities specified in
s. DCF 50.06 (2) (a) to
(j). Notification shall include adoptive families who have moved out of state.
DCF 50.06(3)(b)
(b) Discontinue adoption assistance based on any of the following circumstances, as determined by the department:
DCF 50.06(3)(b)1.
1. When the adoptee reaches 18 years of age, except that eligibility for adoption assistance may continue to age 19 if the adopted person is a full-time student in high school or the equivalent. Benefits may continue to age 21 if the adopted person is a full-time student in high school or the equivalent, the department determines that the adopted person has a mental or physical handicap which warrants the continuation of assistance under
42 USC 673, the adopted person is not eligible for other benefits such as supplemental security income and the adopted person otherwise lacks adequate resources to continue in high school or the equivalent;
DCF 50.06(3)(b)3.
3. When the adoptee is no longer receiving support from the parents;
DCF 50.06(3)(b)6.
6. When the parents are no longer legally responsible for the support of the adoptee except as provided in subpar. a; or
DCF 50.06(3)(c)
(c) Temporarily suspend or adjust adoption assistance based on either of the following circumstances:
DCF 50.06(3)(c)1.
1. The adoptee is no longer receiving support from the adoptive parents; or
DCF 50.06(3)(c)2.
2. An adjustment is offered by the department in a written revision or amendment to the agreement, the adoptive parents concur with the adjustment and the adjustment reflects changed circumstances consistent with
s. DCF 50.05 (1); and
DCF 50.06(3)(d)
(d) Offer short-term services to the adoptive family or adult adoptee upon request of either party and refer the family to other community resources for services if appropriate.
DCF 50.06 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84; renum. from HSS 50.05,
Register, July, 1985, No. 355, eff. 8-1-85; correction in (3) (a) 2. a. made under s. 13.93 (2m) (b) 7., Stats.,
Register, July, 1985, No. 355; am. (1) (intro.), (a), (d), (3) (a) (intro.), 1. 2. intro. and 3.,
Register, December, 1988, No. 396, eff. 1-1-89; am. (2) (intro.) and (i), r. and recr. (3) (intro.) and (a), r. (3) (b), renum. (3) (c) to be (3) (b),
Register, September, 1992, No. 441, eff. 10-1-92; emerg. am. (1) (d), eff. 11-16-99; am. (1) (d),
Register, July, 2000, No. 535, eff. 8-1-00;
CR 02-101: am. (2) (intro.), r. and recr. (3) (a) (intro.), r. (3) (a) 1., renum. (3) (a) 2. a. to f. to be (3) (b) 1. to 6. and (3) (a) 3. a. and b. to be (3) (c) 1. and 2., and (3) (b) to be (3) (d)
Register November 2002 No. 563, eff. 12-1-02; corrections in (3) (a) and (c) 2. made under s. 13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635.
DCF 50.065(1)(1)
Before adoption is final. If an applicant for adoption assistance is not satisfied with the action taken by the department on the application or if a prospective adoptive parent who has been approved for or is receiving adoption assistance is not satisfied with the conditions governing the award, the applicant or prospective adoptive parent, prior to the adoption being declared final by the court, may request a review of the decision by the division administrator or designee or may appeal the decision under
ch. 227, Stats., to the department of administration's division of hearings and appeals.
DCF 50.065 Note
Note: A request for review of a decision should be addressed to the Administrator, Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.
DCF 50.065(2)
(2) After adoption is final. An adoptive parent, after an adoption has been declared final by a court, may appeal any of the following under
ch. 227, Stats., to the department of administration's division of hearings and appeals:
DCF 50.065(2)(a)
(a) A department decision after the adoption became final not to approve an application for adoption assistance under
s. DCF 50.03 or a department decision before the adoption became final relating to the amount of adoption assistance under
s. DCF 50.05, provided that:
DCF 50.065(2)(a)1.
1. The conditions of
s. DCF 50.03 for eligibility for adoption assistance existed at the time the adoption became final;
DCF 50.065(2)(a)2.a.
a. 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 department which placed the child for adoption, to another agency authorized to place children for adoption and which placed the child for adoption or to an American Indian tribal agency in this state that was guardian of the child and 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 50.065(2)(a)2.b.
b. Adoption assistance was denied based upon a means test of the adoptive family;
DCF 50.065(2)(a)2.c.
c. The determination by the department that the child was ineligible for adoption assistance was erroneous; or
DCF 50.065(2)(a)2.d.
d. 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; and
DCF 50.065(2)(a)3.
3. It has been less than 3 years since the adoptive parents knew or reasonably should have known of the circumstance which is the basis for the hearing request under
subd. 2.; or
DCF 50.065(2)(b)
(b) The failure of the department to comply with a condition of the adoption assistance agreement under
s. DCF 50.06, provided that the request is initiated within one year after the failure began.
DCF 50.065 Note
Note: A request for a hearing should be addressed to the Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707.
DCF 50.065(2)(c)
(c) A department decision on a request under
s. DCF 50.044 to amend an adoption assistance agreement regarding a child at high risk. A request for a hearing received more than 60 days following the date of the department's written decision shall be denied.
DCF 50.065(2)(d)
(d) A department decision on a request under
s. DCF 50.045 to amend an adoption assistance agreement. A request for a hearing received more than 60 days following the date of the department's written decision shall be denied.
DCF 50.065 History
History: Cr.
Register, July, 1994, No. 463, eff. 8-1-94; emerg. am. (2) (intro.), cr. (2) (c) and (d), eff. 11-16-99; am. (2) (intro.), (a) 2. (intro.), r. and recr. (2) (a) (intro.) and cr. (2) (c) and (d),
Register, July, 2000, No. 535, eff. 8-1-00; corrections in (2) (a) (intro.), 1., and (b) to (d) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635.
DCF 50.07
DCF 50.07
Adoption information exchange. Sections DCF 50.07 to
50.09 establish an adoption information exchange to be operated by the department directly or through a contract with an individual or a private agency. These sections apply to the department, adoption agencies, prospective adoptive parents and to an individual or private agency if under contract with the department to operate the adoption information exchange, except that Indian tribal child-placing agencies may draw upon services of the adoption information exchange but are not obligated under these rules to participate in the exchange.
DCF 50.08
DCF 50.08
Adoption information exchange responsibilities. DCF 50.08(1)(1)
Photolisting. The exchange shall maintain an ongoing central photolist registry which shall include the following services:
DCF 50.08(1)(a)
(a) The exchange shall photolist all special needs children. Special needs children include:
DCF 50.08(1)(a)1.
1. Children who have special needs due to medical, psychological, developmental or behavioral conditions;
DCF 50.08(1)(a)2.
2. Children who have special needs due to special circumstances such as age, sibling group, sex, race or national or cultural origin;
DCF 50.08(1)(a)3.
3. Children who have not been placed for adoption within 30 days after being legally freed; or
DCF 50.08(1)(a)4.
4. Foreign-born children who have been referred to the department for adoptive placement in Wisconsin.
DCF 50.08(1)(b)
(b) Children may be considered to have special needs when they are placed in sustaining care or when they are at legal risk. However:
DCF 50.08(1)(b)1.
1. The exchange may photolist children who have been placed in sustaining care under s.
48.428, Stats., only when the court involved gives written permission; and
DCF 50.08(1)(b)2.
2. The exchange may photolist children at legal risk either with the written consent of the court or by written consent of the adoption agency and the child's parent or guardian. The photolist information shall include a description of the legal risk.
DCF 50.08(1)(c)
(c) The exchange shall register prospective adoptive families who have either referred themselves to the exchange or who have been referred to the exchange by an adoption agency.
DCF 50.08(1)(d)
(d) The exchange may register or photolist, as appropriate, special needs children with out-of-state exchanges and use the resources of those exchanges, but only with written permission from the child's guardian or the agency responsible for the child. The exchange may recommend the use of specific out-of-state exchanges for a particular child.
DCF 50.08(1)(e)
(e) The exchange shall withdraw a child's photolisting when the adoption agency notifies the exchange in writing that the child has been adopted, has reached age 18, has been emancipated by marriage or has died.
DCF 50.08(1)(f)
(f) The exchange shall withdraw a prospective adoptive family's registration when the family or agency notifies the exchange in writing that the family has adopted a child, that they are no longer interested in adopting a special needs child or after one year if the family or agency has not responded to inquiries from the exchange.
DCF 50.08(2)
(2) Matching service. The exchange shall attempt to match children listed in the adoption photolisting under
sub. (3) and prospective adoptive families registered with the exchange by:
DCF 50.08(2)(a)
(a) Giving self-referred prospective adoptive families information about the exchange, special needs adoption and home study requirements; referring the family to adoption agencies serving their geographic area, and following up on the family's referral; and
DCF 50.08(2)(b)
(b) Contacting adoption agencies to provide them with information on registered prospective adoptive families that would be appropriate for a photolisted child based on the child's needs and circumstances.
DCF 50.08(3)
(3) Adoption photolisting. The adoption information exchange shall develop and maintain a photolisting, which shall:
DCF 50.08(3)(a)
(a) Include information about and a photograph of each photolisted child. The information included with the photolisting for a child shall concisely describe the child in a positive and uniform manner;
DCF 50.08(3)(b)
(b) Be made available to all adoption agencies in the state, adoptive parent groups, child advocacy groups, other interested groups and child-placing agencies in other states;
DCF 50.08(3)(c)
(c) Be updated at least quarterly to revise, add to or delete from the listing of available special needs children; and
DCF 50.08(3)(d)
(d) Include a listing of out-of-state special needs children. If the exchange is operated by an individual or private agency under a contract with the department, there shall be written case-by-case approval by the department for each out-of-state special needs child listed.
DCF 50.08(4)
(4) Progress inquiries. The exchange shall make inquiries of adoption agencies at least semi-annually to determine the progress toward adoption of children photolisted with the exchange.
DCF 50.08(5)
(5) Telephone information service. The exchange shall maintain a central telephone number which people can call to get information about the exchange and about adoption of special needs children and shall publish and disseminate the telephone number of the exchange.
DCF 50.08(6)
(6) Public information. The exchange shall develop and distribute informational pamphlets, brochures, displays and media outreach materials to provide information regarding the services available from the exchange and to promote the adoption of special needs children.
DCF 50.08(7)
(7) Statistical reporting. The exchange shall compile statistics. If the exchange is operated by an individual or private agency under a contract, a semi-annual statistical report shall be submitted to the department and shall include the following information:
DCF 50.08(7)(a)
(a) The number of children photolisted during the reporting period and the total number of children currently listed;
DCF 50.08(7)(c)
(c) The number of children photolisted who were placed for adoption within the previous 6 months and the average number of days that a child was listed prior to adoptive placement;
DCF 50.08(7)(d)
(d) The number of adoption inquiries received for each child photolisted during the reporting period;
DCF 50.08(7)(f)
(f) Any other information requested by the department for program management.
DCF 50.08(8)
(8) Records retention. The exchange shall destroy all records that pertain to a particular child within one year after the child's photolisting is withdrawn or the child is adopted. The records shall be destroyed in a confidential manner.
DCF 50.08(9)
(9) Discontinuance of recruitment efforts. The exchange shall discontinue photolisting and any other recruitment efforts for a child following receipt of a written notice from the adoption agency.
DCF 50.08 History
History: Cr.
Register, July, 1985, No. 355, 8-1-85; cr. (8),
Register, September, 1992, No. 441, eff. 10-1-92; emerg. am. (3) (c), eff. 11-16-99; am. (3) (c),
Register, July, 2000, No. 535, eff. 8-1-00;
CR 02-101: am. (1) (intro.), (a) (intro.) and 3., (b) (intro.) and 1. and 2., (d) and (e), (2) (intro.) and (b), (3) (intro) and (a), (4), (7) (a), (c) to (f) and (8), r. (7) (b) and (g), cr. (9),
Register November 2002 No. 563, eff. 12-1-02.
DCF 50.09
DCF 50.09
Adoption agency responsibilities. DCF 50.09(1)(1)
Photolisting. Photolisting of a child may occur at any time before termination of parental rights. Except as provided in
sub. (4), an agency shall photolist a child with the exchange within 30 days of the date the child is legally freed for adoption or from the date of an adoptive placement disruption, if the child is not currently photolisted. All of the following information about the child shall be included:
DCF 50.09(1)(a)
(a) The child's name, birth date, sex, race and the birth parents' religious preference;
DCF 50.09(1)(d)
(d) The name, date of birth and sex of any of the child's siblings who are also available for adoption, and whether they are being placed individually or as a sibling group;
DCF 50.09(1)(e)
(e) A brief social history, including the child's placement history, and the date when guardianship becomes effective;
DCF 50.09(1)(f)
(f) An assessment of the child's current abilities and projected functional level as an adult;
DCF 50.09(1)(g)
(g) The child's school placement level and an assessment of his or her special education needs;
