Section 51.07. Home study.

 

(1)   Purpose and process. The purpose of the home study is to determine the applicant's motivation, resources, readiness and ability to parent a special needs child, to assess the relative risk of maltreatment of special needs children, and to assess the availability of supportive resources within the family and the community. The process includes assessing information provided on the application form and information obtained from other documents, contacts with references and other collateral contacts and interviews with applicant family members. The home study may include:

(a) An assessment using an adoptive family assessment process which covers at least the criteria in sub. (8) .

(b) Verbal or written statements from at least 3 references provided by the family in addition to the family's physician.

(c) Verification of financial information, employment, previous foster care or adoptive parent status.

(d) Verification of birth, marriage, divorce and naturalization.

(e) A background check under s. 48.685 , Stats., and ss. DCF 56.05 (1) (f) and 56.055 .

(f) Individual or group interviews.

(2)   Time period. The department shall complete a home study within 6 months after receiving a complete application unless the applicant requests more time or the study is placed on hold for good reason as determined by the department.

(3)   Decision to close application.

(a) Home study of an applicant may cease and the home study application may be closed at any time during the home study process if the department determines any of the following:

1. That the applicant does not meet eligibility requirements of this chapter or foster home requirements of ch. DCF 56 .

2. That the applicant provided false information to the department.

3. That the final determination on the adoptive family assessment is unacceptable.

4. That the applicant no longer desires to adopt a special needs child or applies to adopt through another agency.

(b) A decision to close an application during home study shall be made by a team which includes, at a minimum, the social worker and the unit supervisor. Any decision to close an application shall be made in writing to the applicant and shall include reasons for the closing and information about the right to appeal that decision under s. DCF 51.09 .

(c) The department shall close an application when the applicant awaiting a home study moves out of state. The department shall close the case of an approved applicant who moves out of state before a child is placed. Upon written request of the approved applicant and an adoptive agency in the other state, and within a 2 year interval between closing and the request, the department shall furnish a copy of the completed study to the adoption agency in that other state.

(4)   Suspension of home study. Home study of an applicant may be suspended and the application placed on hold at any time the department determines that the applicant temporarily fails to meet the eligibility criteria under sub. (8) or is not ready to proceed with the study or placement but there is a likelihood that the reasons for suspending the home study may be remedied within 6 months. The department shall notify an applicant in writing of a decision to place the home study on hold, along with the reasons for the decision and the conditions under which the home study may be resumed. If the reason for placing a home study on hold is resolved within 6 months after placing the home study on hold, the department shall resume the home study. If the reason for placing the home study on hold is not resolved within 6 months after placing the home study on hold, the department shall notify the applicant in writing that the home study application is closed.

(5)   Notification of results. Applicants shall be notified in writing of the results of the home study assessment process. The department shall notify an applicant who does not meet the eligibility criteria under sub. (8) of the reasons the applicant is not approved for placement. An applicant who meets the eligibility criteria in sub. (8) shall be notified of that finding, including recommendations about the number and type of children that will be considered for placement, but that a positive home study assessment does not guarantee placement of a child.

(6)   Updating. An applicant approved and waiting for placement shall be contacted at least twice annually by the department for updating of information about the applicant. Updated information shall be added to the home study record at least annually.

(7)   Notification of changed circumstances. Applicants shall notify the department immediately of any change in their circumstances such as arrests or convictions, death, separation, divorce, foster care or adoptive placements or significant changes in health, income or child care arrangements. Applicants approved for placement and licensed as foster parents shall also comply with the notification requirements of ss. DCF 56.05 (1) (c) 1. d. and 56.06 (1) (a) , (b) , and (f) . The department shall consider the updated information and may revise the home study findings. Applicants shall be notified in writing of any change in home study findings and the reasons for the change.

(8)   Eligibility criteria. The department shall use the following criteria in making a home study and in determining whether to approve an applicant for placement of a special needs child:

(a) Foster home licensing rules. The applicant shall meet the requirements of ch. DCF 56 . An exception to a requirement in ch. DCF 56 requires the approval of the bureau director or that person's designee.

(b) Financial. The applicant shall provide documentation that the applicant's income is sufficient to meet the applicant's family obligations without reliance on adoption assistance payments received for the care of children placed for adoption, and reasonable assurance of provision for meeting future needs following adoption.

(c) Health. The applicant shall complete a health examination form provided by the department to meet the requirements of s. DCF 56.05 (1) (e) and to verify that the health of the applicant is such that he or she is physically able to parent a special needs child and that there is reasonable assurance that the applicant is physically, mentally and emotionally able to raise a child to 18 years of age. Upon request, the applicant shall authorize release of information to the department concerning results of any medical or mental health evaluation or treatment or any assessment or treatment for alcohol or other drug abuse. The department may require a second medical opinion or a psychological or personality test of the applicant or other family member at the department's expense.

(d) Family functioning. The department shall gather family and child information during the home study process and document this information in a family assessment. An applicant demonstrating significant risk to children does not meet eligibility criteria. The assessment shall consider at least the following information: functioning of children in the home; vulnerability of children in the home; how an applicant views the applicant's children; an applicant's level of functioning; social, educational and health history of family members; parenting practices and philosophy; interpersonal relationships; demographic factors; family member roles and communications; extended family considerations; an applicant's views about maltreatment; an applicant's views about adoptable children; an applicant's views about birth parents; preparation of all family members for adoption; an applicant's motivation and commitment; resources available within the family; and external or community resources.

(e) Marital status. Applications shall be accepted from:

1. Adult married couples, living together, who are residents of Wisconsin and married for at least one year on the date of application.

2. Single adult Wisconsin residents.

History: Cr. Register, December, 1995, No. 480 , eff. 1-1-96; corrections in (1) (e), (3) (a) 1., (7), (8) (a) and (c) made under s. 13.93 (2m) (b) 7., Stats., Register November 2002 No. 563 ; corrections in (1) (e), (3) (a) 1., (b), (7), (8) (a) and (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635 ; corrections in (1) (e), (7) made under s. 13.92 (4) (b) 7., Stats., Register August 2011 No. 668 ; CR 16-014 : r. and recr. (1) (e) Register June 2016 No. 726 , eff. 7-1-16.