Section 50.08. Adoption information exchange responsibilities.

 

(1)   Photolisting. The exchange shall maintain an ongoing central photolist registry which shall include the following services:

(a) The exchange shall photolist all special needs children. Special needs children include:

1. Children who have special needs due to medical, psychological, developmental or behavioral conditions;

2. Children who have special needs due to special circumstances such as age, sibling group, sex, race or national or cultural origin;

3. Children who have not been placed for adoption within 30 days after being legally freed; or

4. Foreign-born children who have been referred to the department for adoptive placement in Wisconsin.

(b) Children may be considered to have special needs when they are placed in sustaining care or when they are at legal risk. However:

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

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.

(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.

(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.

(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.

(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.

(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:

(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

(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.

(3)   Adoption photolisting. The adoption information exchange shall develop and maintain a photolisting, which shall:

(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;

(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;

(c) Be updated at least quarterly to revise, add to or delete from the listing of available special needs children; and

(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.

(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.

(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.

(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.

(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:

(a) The number of children photolisted during the reporting period and the total number of children currently listed;

(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;

(d) The number of adoption inquiries received for each child photolisted during the reporting period;

(e) A semi-annual financial report; and

(f) Any other information requested by the department for program management.

(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.

(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.

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.