1. (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:

   1. (a) For an adoption assistance agreement entered into before July 1, 2011, the rate schedule under s. DCF 50.12.
   2. (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. (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:

   1. (a) Not less than 12 months after any of the following occurred:

      1. 1. The adoption order was entered.
      2. 2. A previous request for an amendment to the adoption assistance agreement was denied.
   2. (b) Within 120 days before the expiration date of an amendment to the adoption assistance agreement.

3. (3) Request by the adoptive parents. To request an amendment to the adoption assistance agreement, the adoptive parents shall do all of the following:

   1. (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.

   2. (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).

   3. (c) If requested by the department, provide additional information about the child’s current functioning.
   4. (d) If requested by the department, have the child evaluated by a specialist to provide information necessary in making a determination.
   5. (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. (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:

   1. (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. 1. Obtain technical assistance from a specialist.
      2. 2. Request that the adoptive parents have the child evaluated by a specialist.
      3. 3. Request more information about the child’s current functioning from the adoptive parents.
      4. 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. 5. Make a decision on the adoptive parents’ request following receipt of the additional information.

   2. (b) Abuse or neglect.

      1. 1. Determine whether any of the following applies to the adoptive parents:

         1. a. A final substantiated finding has been made that an adoptive parent abused or neglected the child.
         2. 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. 2. If a finding under subd. 1. is overturned, the department shall reconsider an amendment request that was denied based on the finding.

   3. (c) Adoptive parents that have not been receiving payments.

      1. 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. 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:

         1. 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.
         2. 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. 3. ‘No exceptional payments.’ No exceptional payment under s. DCF 50.12 (4) or 56.23 (3) may be established.

   4. (d) Adoptive parents that have been receiving monthly payments.

      1. 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. 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:

         1. a. The basic maintenance payment specified in s. 48.62 (4), Stats., in the existing adoption assistance agreement.
         2. 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.
         3. 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.
         4. 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).
   5. (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.

   6. (f) Review amendment. Review an amended adoption assistance agreement, as follows:

      1. 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. 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.

History

History: CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; (3) (c) 3. (title) created under s. 13.92 (4) (b) 2., correction in (4) (b) (intro.), (c) 3., (f) 1. made under s. 35.17, Stats., Register August 2018 No. 752.