Current through August 26, 2024
(1)
MONTHLY ADOPTION ASSISTANCE PAYMENT.
(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.
(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:
1. A
basic maintenance payment specified in s. 48.62 (4), Stats.
2. A supplemental payment based on the
child's difficulty-of-care levels or identified special needs specified in one
of the following:
a. For an adoption
assistance agreement entered into before July 1, 2011, the rate schedule under
s. DCF 50.12.
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.
3.
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.
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.
(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.
(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.
(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.
(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.
(2) MEDICAL ASSISTANCE.
(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.
(b) Adoptive parents shall
complete a form prescribed by the department of health services to provide
information on any private health insurance.
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.
(3)
NONRECURRING ADOPTION EXPENSES.
(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.
(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-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.