(1) DEFINITION. In
this section, "substantial change in circumstances" means a change that has
occurred to the child in one or more areas of special needs, including
physical, behavioral, or emotional special needs, that would result in a change
in the amount of a supplemental payment determined under 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 a total of 5 or more
needs that have been identified as moderate or intensive in the areas listed in
s.
DCF 56.23(2) (a)
1. a. to e.
(2) TIMING OF REQUEST. Adoptive parents that
have entered into an initial or amended adoption assistance agreement may
request that the agreement be amended to begin monthly payments or to increase
the amount of monthly payments if the adoptive parent believes that there has
been a substantial change in circumstances and the timing of the request is any
of the following:
(a) Not less than 12 months
after any of the following occurred:
1. The
adoption order was entered.
2. A
previous request for an amendment to the adoption assistance agreement was
denied.
(b) Within 120
days before the expiration date of an amendment to the adoption assistance
agreement.
(3) REQUEST BY
THE ADOPTIVE PARENTS. To request an amendment to the adoption assistance
agreement, the adoptive parents shall do all of the following:
(a) Complete and return the request for
adoption assistance amendment forms prescribed by the department to document
the adoptive parents' observations of the child's physical, behavioral, and
emotional needs.
Note: When the adoptive parents contact the
department about a possible amendment, the department sends the parents a form
for the adoptive parents to complete and the forms for the parents to take to
the appropriate professionals under par. (b).
For adoption assistance agreements entered into before July
1, 2011, the adoptive parents complete DCF-F-CFS2092, Adoption Assistance
Amendment Request. For adoption assistance agreements entered into on or after
July 1, 2011, the form is DCF-F-5230-E, Adoption Assistance Amendment Request -
Age Birth to 5 Child and Adolescent Needs and Strengths (CANS) Version or
DCF-F-5231-E, Adoption Assistance Amendment Request - Age 5 - 21 Child and
Adolescent Needs and Strengths (CANS) Version, as applicable.
(b) Submit documentation by appropriate
professionals regarding the child's current needs to the department with the
amendment request. The documentation shall be on a form prescribed by the
department and dated not more than 6 months before the request.
Note: For an adoption assistance agreement
entered into before July 1, 2011, the appropriate professionals complete all of
the following regarding the child's needs:
DCF-F-CFS2411, Adoption Assistance Amendment Request -
Confirmation of Needs Behavioral Characteristics.
DCF-F-CFS2412, Adoption Assistance Amendment Request -
Confirmation of Needs Emotional Characteristics.
DCF-F-CFS2413, Adoption Assistance Amendment Request -
Confirmation of Needs Physical/Personal Care Characteristics. For an adoption
assistance agreement entered into on or after July 1, 2011, the department
sends the following forms that apply to the child's age, and the professionals
complete the forms that apply to the child's needs:
DCF-F-2677, Adoption Assistance Amendment Confirmation of
Needs Behavioral Characteristics (Age 5-21).
DCF-F-2678, Adoption Assistance Amendment Confirmation of
Needs Emotional Characteristics (Age 5-21).
DCF-F-2679, Adoption Assistance Amendment Confirmation of
Needs Physical/Personal Care Characteristics (Age 5-21).
DCF-F-2680, Adoption Assistance Amendment Confirmation of
Needs Behavioral Characteristics (Birth to 5).
DCF-F-2681, Adoption Assistance Amendment Confirmation of
Needs Emotional Characteristics (Birth to 5).
DCF-F-2682, Adoption Assistance Amendment Confirmation of
Needs Physical/Personal Care Characteristics (Birth to 5).
(c) If requested by the department, provide
additional information about the child's current functioning.
(d) If requested by the department, have the
child evaluated by a specialist to provide information necessary in making a
determination.
(e) If the adoptive
parents accept the adjusted payment amount offered by the department, sign and
return the amendment to the department within 30 days.
(4) DEPARTMENT RESPONSE. If the department
receives a request to amend an adoption assistance agreement under sub. (3),
the department shall do all of the following:
(a)
Substantial change in
circumstances. Determine whether there has been a substantial change
in circumstances regarding the child's special needs. The department shall
review the documentation submitted under sub. (3) and may do any of the
following if the department decides that additional information is needed
before the determination can be made:
1.
Obtain technical assistance from a specialist.
2. Request that the adoptive parents have the
child evaluated by a specialist.
3.
Request more information about the child's current functioning from the
adoptive parents.
4. Notify the
adoptive parents that failure to provide the requested information within 90
days may result in a denial of the amendment request.
5. Make a decision on the adoptive parents'
request following receipt of the additional information.
(b)
Abuse or neglect.
1. Determine whether any of the following
applies to the adoptive parents:
a. A final
substantiated finding has been made that an adoptive parent abused or neglected
the child.
b. A finding that is
comparable to a final substantiated finding of the child has been made in any
other jurisdiction where an adoptive parent has resided.
2. If a finding under subd. 1. is overturned,
the department shall reconsider an amendment request that was denied based on
the finding.
(c)
Adoptive parents that have not been receiving payments.
1. `Department offer.' If the department
determines that there has been a substantial change in circumstances that
establishes that a child previously determined to be at high risk under s.
DCF 50.09(1) (b)
6. now meets the conditions of s.
DCF 50.09(1) (b)
3., and there is not a final substantiated
finding of abuse or neglect of the child by an adoptive parent as provided in
par. (b), offer to begin monthly adoption assistance payments for up to one
year.
2. `Monthly amount for
adoptive parents that are beginning to receive payments.' Determine the monthly
amount of the monthly adoption assistance payments for a child that was
previously determined to be at high risk under s.
DCF 50.09(1) (b)
6. and now meets the conditions of s.
DCF 50.09(1) (b)
3., based on all of the following:
a. The basic maintenance payment specified in
s. 48.62(4),
Stats., in effect at the time the request for adoption assistance amendment
form was received by the department.
b. For an adoption assistance agreement
entered into before July 1, 2011, a supplemental payment determined under the
rate schedule under s.
DCF 50.12(2) and
(3). For an adoption assistance agreement
entered into on or after July 1, 2011, a supplemental payment determined under
the rate schedule under s.
DCF 56.23(2)
(a) if the child has a total of 5 or more
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. `No exceptional payments.' No exceptional
payment under s.
DCF
50.12(4) or
56.23(3) may be
established.
(d)
Adoptive parents that have been receiving monthly payments.
1. `Department offer.' If the department
determines that there has been a substantial change in circumstances that
establishes that a child that has identified special needs has had an increase
in special needs in one or more categories of the supplemental payment schedule
and there has not been a final substantiated finding of abuse or neglect of the
child by an adoptive parent as provided in par. (b), offer to adjust the amount
of the monthly adoption assistance payments for up to one year. The department
may not increase the amount in the agreement above the amount allowed under
42 USC
673 or any other federal law.
2. `Monthly amount for adoptive parents who
have been receiving payments.' Determine the monthly amount of the monthly
adoption assistance payments for a child who had identified special needs and
has had an increase in the special needs in one or more categories of the
supplemental payment schedule, based on all of the following:
a. The basic maintenance payment specified in
s. 48.62(4),
Stats., in the existing adoption assistance agreement.
b. For an adoption assistance agreement
entered into before July 1, 2011, an adjusted supplemental payment determined
under the rate schedule under s.
DCF 50.12(2) and
(3). 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 a total of 5 or more
needs that have been identified as moderate or intensive in the areas listed in
s.
DCF 56.23(2) (a)
1. a. to e.
c. Notwithstanding subd. 2. b., if the level
of points in an established supplemental payment category is at the highest
number of points in an intensive level of need category, no increase in payment
may be offered in that category.
d.
Any exceptional payment in the existing adoption assistance agreement. No
adjustment may be made to an existing exceptional payment and no new
exceptional payment may be established under s.
DCF
50.12(4) or
56.23(3).
(e)
Amended agreement. Offer
to amend the agreement in writing for up to one year to specify the new amount
of the monthly payments if the adoptive parents agree with the proposed amount
of the payments and return the signed amendment within 30 days after the date
of the notice of the decision.
(f)
Review amendment. Review an amended adoption assistance
agreement, as follows:
1. Prior to the
expiration of the amended agreement and annually thereafter for the duration of
the adoption assistance agreement, the department shall contact the adoptive
parents to request information concerning the circumstances of the child. The
department shall notify the adoptive parents, in writing, at least 120 days
before the expiration of the amended adoption assistance agreement and provide
the adoptive parents with the expiration date, a request for an adoption
assistance amendment form, and instructions for completing the form.
2. The department may require that the
adoptive parents provide documentation of the current circumstances of the
child. The department shall review the information to determine whether the
reasons for the change in circumstances continue to exist or not and shall
notify the adoptive parents if the amount of adoption assistance will be
continued, reduced, or returned to the amount in the original agreement or
previous amended agreement. The amount of the decrease offered by the
department may not result in an amount of adoption assistance for maintenance
that is less than the initial amount of adoption assistance for maintenance
provided for the child under s.
48.975(3) (a)1,
2., or 3., Stats.
