Section DCF 50.05 - Home study for public adoption(1) DEFINITION. In this section "applicant" means prospective adoptive parents who apply for a home study under this section and are any of the following: (a) An adult married couple who live together, have been married for at least one year on the date of application, and are applying for a home study jointly.(b) An unmarried adult individual.(2) ELIGIBLE TO APPLY. Prospective adoptive parents may apply for a home study if any of the following conditions are met:(a)Approved. The prospective adoptive parents completed the screening process in s. DCF 50.04, and the department determined that the prospective adoptive parents meet the screening criteria.(b)Exempt. The prospective adoptive parents are not required to complete the screening process in s. DCF 50.04 because the prospective adoptive parents are any of the following: 1. Adult relatives of a child who is legally free for public adoption or a child who is at legal risk if the department determines that the child needs an adoptive placement.2. Prospective adoptive parents that are seeking to adopt a child who is already placed in the prospective adoptive parents' home.3. Upon the request of a tribal child welfare department and at the discretion of the department, prospective adoptive parents that are seeking to adopt an Indian child.(c)Expedited. The bureau director or a designee waived the screening process in s. DCF 50.04 and authorized the prospective adoptive parents to apply for a home study based on documentation that the prospective adoptive parents are expected to be the most suitable placement resource for a child who is legally free for public adoption or a child who is at legal risk.(3) APPLICATION DEADLINE. The public adoption agency may deny an application for a home study that is submitted more than 60 days after the prospective adoptive parents received the application.(4) INCOMPLETE APPLICATION. The public adoption agency shall return an incomplete application to the applicant with a request for further information to complete the application. The public adoption agency may deny the application if the application is not complete within 60 days after the date on the notice from the public adoption agency requesting more information.(5) POTENTIAL CONFLICT OF INTEREST. A public adoption agency may not conduct a home study on an employee or a relative of an employee of the public adoption agency if the employee works in the area of the public adoption agency that issues foster home licenses or approves home studies.(6) ELEMENTS OF A HOME STUDY. A home study of an applicant for a public adoption shall include all of the following: (a) The use of all components of a standardized assessment tool prescribed by the department to assist in determining approval of a placement for adoption and issuance of a license to operate a foster home. Completion shall include dates and signatures where specified by the tool. If the applicant is licensed as a foster parent using the standardized assessment tool, use of the tool as necessary to update and supplement the assessment for the purpose of adoption and for the particular child if the approval is child specific. Note: The standardized assessment tool prescribed by the department is the Structured Analysis Family Evaluation (SAFE) tool. Contact the department's Division of Safety and Permanence for further information at P.O. Box 8916, Madison, WI 53708-8916.
(b) An assessment of current and potential parenting skills.(c) An assessment of ability to provide adequate financial support for a child.(d) An assessment of level of knowledge and awareness of adoption issues, including, if appropriate, matters relating to interracial, cross-cultural, and special needs adoptions.(e) The evaluation of 3 written or verbal references.(f) Verification of birth records for all individuals in the applicant's household and verification of marriage, divorce, and naturalization records for the applicant, if applicable.(g) Verification of compliance with background check requirements in s. 48.685, Stats., and s. DCF 56.055.(h) The evaluation of a written statement from a physician, physician assistant, or nurse practitioner that indicates any physical or mental conditions of the applicant or any household member that may affect the ability of the applicant to provide care for a child or threaten the health or safety of a child. The statement shall be based upon a medical examination performed within the 6 months prior to the submission of the application. The public adoption agency may require any of the following: 1. An additional physical, mental health, or alcohol or drug abuse evaluation of the applicant or any other household member.2. Authorization for the release of records relating to any physical, mental health, or alcohol or drug abuse evaluation or treatment regarding the applicant or any other household member.(7) QUALIFICATIONS FOR A HOME STUDY APPROVAL. In determining whether an applicant's home is suitable for placement of a child for the purpose of a public adoption, the public adoption agency shall consider s. 48.88, Stats., and all of the following: (a) The applicant shall be motivated and able to meet the child's needs, emotionally mature with healthy interpersonal relationships, in good physical and mental health, and able to adequately support and parent the child in a healthy and emotionally secure environment.(b) The applicant shall have the capacity to accept and incorporate into the applicant's family a child born to other parents and to assist the child in understanding the child's genetic background and adoption.(c) The applicant shall meet the requirements for a license to operate a foster home with a certification of Level 2 or above under ch. DCF 56.(d) The number of individuals receiving care in the applicant's home may not exceed 8 persons.(e) The applicant shall demonstrate commitment and efforts to support any biological or adopted children, including any children who are in out-of-home care or in a state treatment facility under s. 51.01(15), Stats.(f) The applicant may not have had parental rights to a child terminated under the laws of a state or tribe.(g) The applicant shall be a resident of this state.(8) EXCEPTIONS. (a) A public adoption agency may approve a home study for a public adoption for an applicant that does not meet a qualification in sub. (7) that is a nonstatutory requirement. If the public adoption agency approves such a home study, the agency shall include in the home study an explanation of how the exception to the qualification will not jeopardize the health, safety, or welfare of the child or other children in the home. If the home study is for a specific child's adoption, the home study shall also include an explanation of why approving the home study is in the child's best interest.(b) For a department home study, an applicant may request an exception to a nonstatutory requirement in sub. (7) that the applicant does not meet. The request shall be submitted to the department on a form prescribed by the department. The bureau director or a designee may grant an exception to a requirement in sub. (7) if the exception will not jeopardize the health, safety, or welfare of the child or other children in the home and, for a child-specific home study, if approving the home study is in the child's best interest. Note: DCF-F-5227, Exceptions Form for Home Study Qualifications, is available in forms section of the department's website, http://dcf.wisconsin.gov, or by writing the Division of Safety and Permanence, at P.O. Box 8916, Madison, WI 53708-8916.
(9) DECISION. (a)Deadline. The public adoption agency shall issue a written decision on a home study for a public adoption within 6 months after receiving a completed application.(b)Deferral. Notwithstanding par. (a), the public adoption agency may defer a decision if the applicant fails to meet the qualifications in sub. (7) for a reason that is expected to be temporary. The public adoption agency shall issue a written notice that states the reason for the deferral and the date by which the qualifications must be met. A deferral of a decision shall toll the deadline in par. (a).(c)Approval. The public adoption agency shall approve the applicant's home study and determine that the applicant's home is suitable for placement of a child for the purpose of adoption if the applicant meets all of the qualifications in sub. (7) or received an exception under sub. (8) to any qualification not met.(d)Denial.1. The public adoption agency shall deny the applicant's home study and determine that the applicant's home is not suitable for placement of a child for the purpose of adoption if the applicant does not meet the qualifications in sub. (7), unless an exception under sub. (8) is granted for any qualification not met.2. The public adoption agency may deny the applicant's home study if any of the following applies: a. The applicant provided false information to the public adoption agency.b. The public adoption agency has reason to believe that the applicant intends to use the home study decision to meet the requirements for an adoption that would not be a public adoption.3. A notice of denial shall include the reason for the denial. A notice of denial by the department shall include a summary of appeal rights under s. DCF 50.06.(10) POST-APPROVAL NOTIFICATION REQUIREMENTS. (a) Prospective adoptive parents whose home study has been approved for public adoption shall notify the public adoption agency immediately if any of the following changes occur: 1. Change of household members, including death, a foster care placement, an adoptive placement, or a change in residence for a member of the household.3. Change in marital status.4. Significant changes in health, income, or child care arrangements.5. Any of the changes specified in the background check notification requirements in s. DCF 56.05(1) (g) for any household member.6. If the prospective adoptive parents have a foster child placed in the home, any of the serious incidents specified in the notification requirements in s. DCF 56.06.(b) The public adoption agency shall consider any updated information and may revise the home study findings. Prospective adoptive parents shall be notified of any change in the findings and the reasons for the change.(11) UPDATING. Every 6 months, the public adoption agency shall contact prospective adoptive parents who are waiting for placement of a child for the purpose of adoption to request updated information and revise the home study as appropriate.Wis. Admin. Code Department of Children and Families DCF 50.05
Adopted by, CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in numbering in (2) (b) made under s. 13.92(4) (b) 1, Stats., and correction in (7) (a), (9) (d) 2. made under s. 35.17, Stats., Register August 2018 No. 752, eff. 9/1/2018