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Requesting an Amendment to An Adoption Assistance Agreement
Who can request an adoption assistance amendment? Adoptive parent(s) who have a signed adoption assistance agreement with a maintenance payment in the amount of $0 or greater that is in effect are eligible to request an adoption assistance amendment if:
it is within 90 days prior to the expiration of an amended agreement. Who is eligible for an adoption assistance increase? Adoptive parents who meet the circumstances identified in the above question are eligible to request an adoption assistance amendment. If a monthly maintenance payment amount was calculated at the intensive level (which was the maximum amount that could be provided for your child) in a difficulty of care category, the statutes and administrative rule do not authorize an increase beyond the intensive level. The law does not allow for an increase in the exceptional payment, nor does it allow for establishment of an exceptional payment to an agreement after the adoption of the child. Prior to approval of an increase, the Department is required to contact the appropriate human service agency or agencies to request information concerning any substantiated report of abuse or neglect of the child by the adoptive parents. When should a request for an amendment to an adoption assistance agreement be submitted to the Department of Children and Families? The request for an amendment can be submitted if a family believes there has been a substantial change in circumstances in the level of needs of their child from the time the original adoption assistance agreement was signed, and their child’s current adoption assistance rate is based on their child having less than intensive emotional, behavioral or physical needs. The law does not allow for an increase beyond the intensive rate. How was the monthly adoption assistance maintenance amount originally determined? The foster care rate in effect determined the basic maintenance rate at the time the adoption assistance agreement was signed. In addition, if the child had specific emotional, behavioral, or physical and personal care needs, a supplemental rate was determined from the child’s level of special needs. In some cases, an exceptional rate was also provided. The adoption assistance rate was negotiated at an amount equal to the total foster care rate, or if the adoptive parents agreed, less than the total foster care rate. How can an adoptive parent find out if they would be eligible for an amendment to the adoption assistance agreement in effect? At the time the adoption assistance monthly maintenance rate was set, they were provided information regarding how the amount was determined based on the child’s needs at that time. If this information is not available, individuals can contact the Adoption Assistance Program Coordinator (608-266-1142). A child would be eligible for an increase if the difficulty of needs have increased and limits for adoption assistance increases have not yet been reached, and there is no substantial report of child abuse or neglect by the adoptive parent(s) relating to the child. How should the Request for Adoption Assistance Amendment Form be completed and what needs to be submitted with the form? The adoptive parent(s) need to indicate the current behavioral, emotional, or physical and personal care needs of the child on the form and provide current documentation by appropriate professionals of the child’s current special needs to the Department to verify any substantial change in circumstances. That documentation may be a statement by the professional indicating that he or she fully concurs with the nature and level of special needs identified on the request for adoption assistance form. The report or statement of an appropriate professional shall be dated within 6 months prior to the date of the request for an adoption assistance amendment. The completed form and supporting information then should be returned to the Department of Health and Family Services for review. If a Request for Adoption Assistance Amendment form is submitted and the Department determines the needs of the child have decreased since the original adoption assistance agreement was signed, will the monthly adoption assistance payment currently being received be reduced? The monthly adoption assistance payment cannot be less than the amount in the original agreement, unless agreed to by the adoptive parent(s). However, an increase in adoption assistance as provided in an amended adoption assistance agreement signed after the adoption can be decreased to the amount specified in the original agreement at the time of adoption. Can the Exceptional Payment portion of the rate be established or increased when a Request for Adoption Assistance Amendment form is submitted? Exceptional payment is determined (if applicable) prior to the time the original adoption assistance agreement is signed. No adjustment may be made to an existing exceptional rate and no exceptional rate may be established. What happens after the Department of Children and Families receives your request? If the Request for Adoption Assistance Amendment form is received to amend the original agreement, the Department will review the information provided to determine if there has been a substantial change in the needs of the child from the time the original agreement was signed. If the Request for Adoption Assistance Amendment form is received as a result of the annual review of an amendment to the agreement required by statutes, the Department will review the information provided to determine whether the amount of adoption assistance will be increased, continued or reduced no lower than the amount in the original agreement at the time of adoption. In both cases, the Department will contact the appropriate human service agency or agencies to request information concerning any substantiated report of abuse or neglect of the child by the adoptive parents prior to amending the original adoption assistance agreement. Why does the Department of Children and Families contact the appropriate human service agency or agencies prior to amending the original adoption assistance agreement? When individuals are eligible for an amendment to their adoption assistance agreement, the law requires the Department to contact the appropriate human service agency or agencies to request information concerning any substantiated report of abuse or neglect of the child by the adoptive parents. An increase cannot be granted if there is a substantiated report of child abuse or neglect of the adoptive child by the adoptive parent(s). If the adoption assistance agreement is amended to a new maintenance rate, how long will the new amount be received? The adoption assistance amendment to the original agreement will be in effect for up to twelve months or until any of the termination or suspension conditions specified under IV. A-H in the original adoption assistance agreement occur. Prior to expiration of the amended agreement, the Department will contact the adoptive parent(s), request that a Request for Adoption Assistance Amendment be completed and submitted with supporting information and, upon receipt, review the information to determine whether the reasons for the change in circumstances continue to exist or not and shall notify the family whether the amount of adoption assistance will be increased, continued, reduced no lower than the amount in the original agreement or previous amended agreement. How can I appeal a determination of the Department? A request for a hearing to appeal the decision of the Department to deny your request for an increase in the adoption assistance payment must be received within sixty (60) days of the date of the letter denying an increase to the Division of Hearings and Appeals, P. O. Box 7875, Madison WI 53707 (described in HFS 50.065(2)(c)). Who can be contacted if there are questions regarding the adoption assistance amendment requests? Jill Duerst
Bureau of Programs and Policies
Adoption is a method provided by law to establish the legal relationship of parent and child between persons who are not so related by birth, with the same mutual rights and obligations that exist between children and their birth parents. Adoption Assistance is assistance provided under agreement by the department to the parents of an adopted child or the prospective adoptive parents of a child placed for adoption, when the family has signed and the department has approved the agreement that is designed to assist in the cost of care of the child after legal adoption or after the child has been placed for adoption. Adoption Assistance Agreement is a legal instrument signed by Department of Children and Families and the adoptive parent(s) who adopt a child eligible for adoption assistance. It contains the provisions of the agreement (i.e., information about monthly cash payment, termination of benefits, appeals, etc.). Adoption Assistance Amendment Request Form is used by adoptive families to request an increase in their monthly adoption assistance payment who have a signed adoption assistance agreement effect with the Department. By law, s.48.975(4), indicates that generally an adoption assistance agreement can only be entered into before the adoption. Adoptive Family is defined as a husband and wife jointly or an unmarried adult. At Risk Adoption Assistance Agreement is a legal instrument signed by Department of Children and Families staff and the adoptive parent(s) who adopt a child defined as "high risk" for developing certain special needs. It contains the provisions of the agreement (i.e., information about medical assistance, termination, appeals, etc.). Amended Adoption Assistance Agreement refers to the agreement that was offered and signed as a result of approval of the Adoption Assistance Amendment Request Form that indicated a substantial change in needs of the child qualifying the child for an adoption assistance increase. The amended adoption assistance agreement is in effect for up to twelve months. Basic Maintenance Payment means an age-related payment to cover the cost of a foster child’s food, clothing, housing and personal items. Difficulty of Care Categories are defined as a) emotional, b) behavioral and c) physical/personal care. Difficulty of Care Level has three defined levels. They are: Minimal, Moderate and Intensive. Specific examples for each category are defined in HSS 56.09, Wisconsin Administrative Code. Exceptional Payment may be made at the time the original adoption assistance agreement is signed in addition to the age-related rates and special needs payment when the additional payment a) enables the child to be placed in an adoptive home instead of being placed in an institution, nursing home or hospital; or, b) enables the child to be placed from an institution, nursing home or hospital into an adoptive home. DCF 50 refers to the Administrative Code entitled "Facilitating the Adoption of Children with Special Needs". HSS 56 refers to the Administrative Code entitled "Foster Home Care for Children". Monthly Adoption Assistance Payment refers to a monthly payment amount described in an adoption assistance agreement to help with the expense of raising the child made by the department to the parents of an adopted child with special needs or to the prospective adoptive parents of a child with special needs or to the adoptive parents of a child at high risk of developing a moderate or intensive level of special needs. Original Adoption Assistance Agreement is used to describe the initial adoption assistance agreement that was offered and signed at the time of adoptive placement and prior to the child’s adoption. If the original agreement is amended due to legislative action, the resulting agreement is considered the original agreement. Substantial Change in Circumstances means that a progressive, documented change 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 supplemental rate as determined by the uniform foster care rate schedule under s. HSS 56.09 (2) and (3). Supplemental Payment may be made in addition to the age-related rates in an amount determined by the Department in accordance with the Administrative Code (HFS 56.09(2) and (3)) for a child who requires more than the usual amount of care and supervision for the child’s age because of a special emotional, behavioral or physical and personal care need. Uniform Foster Care Rate is a standard scale of payments to foster parents for the cost of caring for a foster child. Because the rate is based on the needs of each child, It may include extra payments (called supplemental and exceptional payments) in addition to the Basic Maintenance Rate. Return to Adoption in Wisconsin Index Page Last Revised: April 30, 2009 |