ICPC State Pages

Wisconsin Adoption

Wisconsin permits the following types of adoptions in addition to public adoptions:

Adoption Statute-Non-Agency; Independent; Private Adoptions:

48.837 Wis. Stats.

Independent Adoptions - Permitted; however, we will NOT accept birth parent as the sender. MUST have an agency or attorney involved.

**For Independent adoption WI will NOT accept the 100A with the bio parents as "sending agency"  and being financially responsible and responsible for planning. An agency or an attorney must also be on the 100A and sign the 100A.

Public

Public Adoptive Placement-Requirements:

• -All resources must be foster licensed.

  -Public adoption ICPC packet must include TPR Order

  -WI will also accept Foster/Adopt requests. WI will complete foster licensing while simultaneously completing the adoption home study.

      -Required in ICPC packet for Foster/Adopt: TPR Order, and/OR Perm Plan with Adoption as the PRIMARY goal, and TPR petition

Adoption Assistance

Adoption assistance payments begin:

• After the adoption is finalized

Sending State Adoption Subsidy Payments (Guidelines):

• In some circumstances,  AA may include a monthly subsidy. Children may be eligible for a monthly subsidy if they are determined to have special care needs at the time of adoption, as defined by Wis. Admin. Code § DCF 50.09(1)(b). This subsidy is paid by DCF to the adoptive parent(s) to help meet the financial demands of caring for a child’s special care needs.

   The total monthly subsidy cannot exceed the child’s foster care maintenance rate or a maximum of $2,000 per month.

  Upon determination of eligibility for adoption assistance and application approval by DCF, subsidy payments will become effective once the adoption has been finalized.

  Additional info on Adoption Assistance in Wisconsin is available at:

  dcf.wisconsin.gov/adoption/assistance

   

Special Needs

Wisconsin definition of "Special Needs":

• ELIGIBILITY

  A pre-adoptive child who meets at least one of the following criteria may be eligible for AA:

  • The child is seven years of age or older.
  • The child is a member of sibling group of two or more placed together.
  • The child has five or more needs that are moderate or intensive in the areas listed in Wis. Admin. Code § DCF56.23(2)(a)1.a – e.
  • The child is a member of a minority race that cannot be readily placed due to lack of appropriate resources.
  • The child is an Indian child as defined in Wis. Stat. § 48.02(8g).
  • The child is determined to be at high risk of developing moderate or intensive needs in the areas listed in Wis.Admin. Code § DCF 56.23(2)(a)1.a – e.

  For the child to be eligible for AA, the child must also meet ALL the following:

  • The child must be under 18 years of age at the time of adoption;
  • There has been a determination that the child cannot or should not return to the child’s parents; and
  • The child is under the guardianship of a child placing agency.

Finalization

Adoption may be finalized in another state:

• Yes

Before finalization can occur in Wisconsin, child must be in adoptive placement:

• 6 months
• Other

Statutory code/cite for Adoption Petition:

• 48.90 Wis. Stats.

Court Jurisdiction for Adoption Cases:

• County: public adoptions; Family Court: private adoptions

Home Study (Adoptions)

Statutory code/cite for the Adoptive Home Studies:

• 48.90 Wis. Stats.