Section 50.06. Responsibilities under the program.

 

(1)   Adoption assistance agreement. There shall be a written adoption assistance agreement signed by the adoptive parents and a division representative which shall cover:

(a) The amount of the adoption assistance;

(b) The responsibilities of the adoptive parents;

(c) The responsibilities of the department;

(d) Circumstances under which the adoption assistance may be increased, decreased, terminated or temporarily suspended; and

(e) A stipulation that the agreement shall remain in force regardless of the state of residence of the family and the child.

(2)   Post-placement responsibilities of adoptive parents.

(a) Notification requirements. 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:

1. A change in the family's address;

2. A change in the adoptee's legal guardian;

3. If the adoptee enters military service;

4. If the adoptee marries;

5. If the adoptee no longer resides in the home;

6. If the adoptee dies;

7. High school completion date after the adoptee reaches 18 years of age;

8. Change in health insurance benefits or coverage;

9. If the adopting parents are no longer supporting the adoptee; and

10. If the adoptee has been placed in an institution or other alternate care facility at public expense.

11. The adopted person was determined eligible for assistance under sub. (3) (b) 1. c. and no longer has an individualized education program under 115.787, Stats., in effect.

(b) Verification of individualized education program. An adoptive parent shall provide a copy of the adopted person's individualized education program under s. 115.787 , Stats., before the department may determine that the adopted person is eligible for adoption assistance to continue under sub. (3) (b) 1. c.

(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:

(a) Biannually send written notification to adoptive families of the post-placement responsibilities specified in sub. (2) (a) 1. to 11. Notification shall include adoptive families who have moved out of state.

(b) Discontinue adoption assistance based on any of the following circumstances, as determined by the department:

1. When the adoptee reaches 18 years of age, except as follows:

a. Adoption assistance may continue if the adopted person is 18 years of age or over, but under 19 years of age, and is a full-time student in high school or the equivalent.

b. Adoption assistance may continue if the adopted person is 18 years of age or over, but under 21 years of age; 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 that 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.

c. Adoption assistance may continue if the adopted person turned 18 years of age on or after August 1, 2014, but is under 21 years of age; the adopted person is a full-time student at a secondary school or its vocational or technical equivalent; there is an individualized education program under s. 115.787 , Stats., in effect for the adopted person; and the adoption assistance agreement for the adopted person became effective after the adopted person attained 16 years of age.

d. Adoption assistance may be reinstated following termination of assistance by adoptive parents when the adopted person was 18 years of age or over if the adopted person meets the requirements of subd. 1. c.

2. Upon the marriage of the adoptee;

3. When the adoptee is no longer receiving support from the parents;

4. Upon death of the adoptee;

5. When there is a change in the adoptee's guardian; or

6. When the parents are no longer legally responsible for the support of the adoptee except as provided in subd. 1; or

(c) Temporarily suspend or adjust adoption assistance based on either of the following circumstances:

1. The adoptee is no longer receiving support from the adoptive parents; or

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

(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.

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 ; EmR1414 : emerg. renum. (2) to (2) (a), cr. (2) (a) (title), 11., (b), renum. (3) (b) 1. to (3) (b) 1. (intro.), a., b. and am., cr. (3) (b) 1. c., d., eff. 8-1-10; CR 14-054 : renum. (2) to (2) (a), cr. (2) (a) (title), 11., (b), renum. (3) (b) 1. to (3) (b) 1. (intro.), a., b. and am., cr. (3) (b) 1. c., d., am. (3) (b) 6. Register April 2015 No. 712 , eff. 5-1-15; correction in (3) (a) made under s. 13.92 (4) (b) 7., Stats., Register April 2015 .

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. Microsoft Windows NT 6.1.7601 Service Pack 1