Section DCF 50.11 - Amount of adoption assistance(1) MONTHLY ADOPTION ASSISTANCE PAYMENT.(a) The amount of a monthly adoption assistance payment is as indicated in the initial adoption assistance agreement or in an amendment to the agreement signed by the adoptive parent and the department.(b) In determining the amount of a monthly adoption assistance payment, each situation shall be considered individually based on the needs of the child and the circumstances of the family. A monthly payment may include any of the following:1. A basic maintenance payment specified in s. 48.62 (4), Stats.2. A supplemental payment based on the child's difficulty-of-care levels or identified special needs specified in one of the following:a. For an adoption assistance agreement entered into before July 1, 2011, the rate schedule under s. DCF 50.12.b. For an adoption assistance agreement entered into on or after July 1, 2011, the rate schedule under s. DCF 56.23 (2) (a) if the child has needs that have been identified as moderate or intensive in the areas listed in s. DCF 56.23 (2) (a) 1. a. to e.3.a. An exceptional payment determined under s. DCF 50.12 for an adoption assistance agreement entered into before July 1, 2011, except that an exceptional payment cannot be established or increased in an amendment to the adoption assistance agreement.b. An exceptional payment determined under s. DCF 56.23 (3) for an adoption assistance agreement entered into on or after July 1, 2011, except that an exceptional payment cannot be established or increased in an amendment to the adoption assistance agreement.(c) The rate in the initial adoption assistance agreement for a child at high risk of developing a moderate or intensive level of special needs under s. DCF 50.09 (1) (b) 6. is $0. The rate may be adjusted in an amendment to the agreement under s. DCF 50.14.(d) The effective date for a rate increase in an amendment is the first day of the month that the department received the request to amend the adoption assistance agreement, except that no increase shall be made prior to 12 months after a previous rate increase.(e) The effective date for a rate decrease in an amendment is the first day of the month following the month that the amended agreement expires.(f) The effective date for the termination of adoption assistance for any reason shall be the last day of the month that eligibility for benefits ends.(2) MEDICAL ASSISTANCE. (a) Medical assistance under title XIX of the Social Security Act of 1935, as amended, will be provided for the adoptee in accordance with the procedures of the state in which the adoptee resides, except if an adoptee receiving Wisconsin adoption assistance moves out of the state and is not eligible in the new state of residence, the adoptee is eligible for Wisconsin's medical assistance under ss. 49.43 to 49.498, Stats.(b) Adoptive parents shall complete a form prescribed by the department of health services to provide information on any private health insurance. Note: Form HCF-10115, BadgerCare Plus/Medicaid Health Insurance Information, is available in the forms section of the Department of Health Services website, http://www.dhs.wisconsin.gov, or from the Division of Medicaid Services, P.O. Box 309 Madison, WI 53701-0309.
(3) NONRECURRING ADOPTION EXPENSES. (a) In this subsection, "nonrecurring adoption expenses" means reasonable and necessary adoption fees, court costs, attorney fees, and other expenses that are directly related to the legal adoption of a child with special needs under s. DCF 50.09(1) (b) if the expenses are not incurred in violation of state or federal laws.(b) If a child is adopted with an approved adoption assistance agreement, the department shall reimburse the adoptive parents for nonrecurring adoption expenses up to $2,000. An adoptive parent shall use a form prescribed by the department to request reimbursement. A request for reimbursement may only be submitted after the adoption order is entered and shall be submitted no more than 2 years after the entry of the adoption order.Wis. Admin. Code Department of Children and Families DCF 50.11
Adopted by, CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in (3) (a) made under s. 35.17, Stats., Register August 2018 No. 752, eff. 9/1/2018Amended by, correction in (1) (b) 3. b. made under s. 35.17, Stats.,Register May 28 No. 821, eff. 6/1/2024Amended by, EmR2403: emerg. am. (1) (b) 2. b., eff. 2-20-24: CR 24-014: am. (1) (b) 2. b. Register July 29 No. 823, eff. 8/1/2024DCF-F-S0459-E, Adoption of Children with Special Needs One Time Expense Reimbursement, is available in the forms section of the department website, http://dcf.wisconsin.gov/ or by writing the Division of Safety and Permanence, at P.O. Box 8916, Madison, WI 53708-8916.