Current through February 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 a total
of 5 or more 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 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.