Section 50.065. Appeal process.

 

(1)   Before adoption is final. If an applicant for adoption assistance is not satisfied with the action taken by the department on the application or if a prospective adoptive parent who has been approved for or is receiving adoption assistance is not satisfied with the conditions governing the award, the applicant or prospective adoptive parent, prior to the adoption being declared final by the court, may request a review of the decision by the division administrator or designee or may appeal the decision under ch. 227 , Stats. , to the department of administration's division of hearings and appeals.

(2)   After adoption is final. An adoptive parent, after an adoption has been declared final by a court, may appeal any of the following under ch. 227 , Stats. , to the department of administration's division of hearings and appeals:

(a) A department decision after the adoption became final not to approve an application for adoption assistance under s. DCF 50.03 or a department decision before the adoption became final relating to the amount of adoption assistance under s. DCF 50.05 , provided that:

1. The conditions of s. DCF 50.03 for eligibility for adoption assistance existed at the time the adoption became final;

2. One of the following extenuating circumstances occurred:

a. Facts regarding the child, the child's biological family or the child's background that were relevant to the proposed adoption were known to the adoption worker who served as the child's guardian and who represented the department which placed the child for adoption, to another agency authorized to place children for adoption and which placed the child for adoption or to an American Indian tribal agency in this state that was guardian of the child and that placed the child for adoption, but were not presented to the adoptive parents by the adoption agency or by another source, such as the child's physician or the agency that originally placed the child for foster care, before the adoption became final;

b. Adoption assistance was denied based upon a means test of the adoptive family;

c. The determination by the department that the child was ineligible for adoption assistance was erroneous; or

d. The adoptive parents were not advised by the adoption agency or by another source, such as a social worker or another adoptive parent, about the availability of adoption assistance and had not previously adopted with adoption assistance; and

3. It has been less than 3 years since the adoptive parents knew or reasonably should have known of the circumstance which is the basis for the hearing request under subd. 2. ; or

(b) The failure of the department to comply with a condition of the adoption assistance agreement under s. DCF 50.06 , provided that the request is initiated within one year after the failure began.

(c) A department decision on a request under s. DCF 50.044 to amend an adoption assistance agreement regarding a child at high risk. A request for a hearing received more than 60 days following the date of the department's written decision shall be denied.

(d) A department decision on a request under s. DCF 50.045 to amend an adoption assistance agreement. A request for a hearing received more than 60 days following the date of the department's written decision shall be denied.

Cr. Register, July, 1994, No. 463 , eff. 8-1-94; emerg. am. (2) (intro.), cr. (2) (c) and (d), eff. 11-16-99; am. (2) (intro.), (a) 2. (intro.), r. and recr. (2) (a) (intro.) and cr. (2) (c) and (d), Register, July, 2000, No. 535 , eff. 8-1-00; corrections in (2) (a) (intro.), 1., and (b) to (d) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 .

Note

A request for review of a decision should be addressed to the Administrator, Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916. Microsoft Windows NT 6.1.7601 Service Pack 1 A request for a hearing should be addressed to the Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707. Microsoft Windows NT 6.1.7601 Service Pack 1