Wisconsin Administrative Code
Department of Children and Families
DCF 021-99 - Safety and Permanence
Chapter DCF 50 - Facilitating Public Adoptions And Adoption Assistance
Section DCF 50.15 - Notification and review requirements

Universal Citation: WI Admin Code ยง DCF 50.15

Current through August 26, 2024

(1) POST-AGREEMENT AND PLACEMENT.

(a) Family notification requirements.After the department has signed and approved the adoption assistance agreement and the child has been placed in the home, the adoptive or proposed adoptive parents shall notify the department no later than 30 days after any of the following occur:
1. The adoptive or proposed adoptive parents' address changes.

2. The child is no longer living with the adoptive or proposed adoptive parents.

3. The child is no longer receiving any support from the adoptive or proposed adoptive parents.

4. The parental rights of the adoptive parents have been terminated and they are no longer legally responsible for support of the child.

5. The child is married.

6. The child enlists in the military.

7. The death of the child.

8. The child attains 18 years of age.

9. The child completes high school after attaining 18 years of age.

10. The child is determined eligible for adoption assistance under sub. (3) (a) 3. and no longer has an individualized education program under s. 115.787, Stats., in effect.

Note: Notice may be delivered in person or by mail to the Division of Safety and Permanence, Bureau of Permanence and Out-of-Home Care, 201 W. Washington Avenue, P.O. Box 8916, Madison, WI 53708-8916.

(b) Medical assistance notification requirements.Adoptive or proposed adoptive parents shall comply with notification requirements of the department of health services regarding medical assistance for the child, including a change in health insurance benefits or coverage.

(c) Verification of individualized education program.The adoptive parents shall provide a copy of the child's individualized education program under s. 115.787, Stats., before the department may determine that the child is eligible for adoption assistance to continue under sub. (3) (a) 3.

(2) DEPARTMENT ACTIONS.

(a) Advance notice of termination and potential eligibility after adoptee attains 18 years of age.
1. Six months before the adoptee attains 18 years of age, the department shall notify the adoptive parents that adoption assistance will terminate when the adoptee turns 18 years old, unless the adoptive parents provide information regarding potential eligibility for the payments to continue under sub. (3).

2. The department shall determine an adoptee's eligibility under sub. (3) if the adoptive parents provide all required information.

(b) Termination.The department shall terminate adoption assistance for a reason specified in sub. (1) (a) 3. to 10. or if the adoptive parents submit a written request for termination of the adoption assistance agreement, unless the department suspends monthly adoption assistance payments under par. (c) or the adoptee is 18 years of age or over and is eligible under sub. (3).

(c) Suspension.The department may suspend monthly adoption assistance payments if the adoptee is temporarily not being supported by the adoptive parents.

(3) ADOPTION ASSISTANCE ELIGIBILITY AFTER ADOPTEE ATTAINS 18 YEARS OF AGE.

(a) Parents of an adoptee who is 18 years of age or older may continue to receive monthly adoption assistance payments if no change specified in sub. (1) (a) 3. to 10. affecting eligibility has occurred and any of the following conditions is met:
1. The adoptee is under 19 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete the program before reaching 19 years of age.

2. The adoptee is under 21 years of age and all of the following conditions are met:
a. The adoptee is a full-time student at a secondary school or its vocational or technical equivalent.

b. The department determines that the adoptee has a mental or physical disability that warrants the continuation of adoption assistance.

c. The adoptee is not eligible for social security disability insurance under 42 USC 401 to 433 or supplemental security income under 42 USC 1381 to 1385 based on disability.

d. The adoptee otherwise lacks adequate resources to continue in secondary school or its vocational or technical equivalent.

3. The adoptee is 18 years of age or over, but is under 21 years of age and all of the following conditions are met:
a. The adoptee is a full-time student at a secondary school or its vocational or technical equivalent.

b. There is an individualized education program under s. 115.787, Stats., in effect for the adoptee.

c. The adoption assistance agreement for the adoptee became effective on or after the adoptee attained 16 years of age.

(b) Adoption assistance may be reinstated following termination of assistance by adoptive parents when the adoptee was 18 years of age or over if the adoptee will be eligible under par. (a) 3.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.