Section 58.08. Appeal and review rights.

 

(1)   Notice.

(a) If an agency denies approval to an applicant for a kinship care or long-term kinship care payment, discontinues a kinship care or long-term kinship care payment or denies a good cause claim under s. DCF 58.09 , the agency shall notify the applicant or kinship care or long-term kinship care relative in writing of its decision and the reasons for the decision, and shall include in the notice information about the applicant's or kinship care or long-term kinship care relative's right to appeal or request a review of that decision under sub. (2) .

(b) If the notice states a payment will be discontinued, the notice shall also include a statement that the payment shall not be terminated until after the hearing decision is issued following the hearing if the kinship care or long-term kinship care relative requests a hearing within 10 days after the date of the notice. The notice shall also state that if the decision to terminate the payment is upheld at or after the appeal hearing, any payments made while the appeal was pending may be recovered by the agency.

(2)   Appeal or review agency.

(a)

1. If an application is denied or a payment is terminated as the result of a negative criminal background of the applicant or kinship care or long-term kinship care relative, another adult resident of the applicant's or kinship care or long-term kinship care relative's home or an employee of the applicant or kinship care or long-term kinship care relative, the applicant or kinship care or long-term kinship care relative may request a review of that decision to one of the following, whichever is applicable:

a. The director of the county department.

b. In Milwaukee County, the director of the department's bureau of Milwaukee child welfare.

c. Where a tribe is administering the kinship care program, a person designated by the governing body of the American Indian tribe or band.

2. A review under subd. 1. for an applicant for kinship care or a kinship care or long-term kinship care relative shall include consideration of the following factors on a case-by-case basis:

a. The length of time between the date of the arrest, conviction or of the imposition of the penalty and the date of the review.

b. The nature of the violation or penalty and how that violation or penalty affects the ability of the kinship care relative to care for the child.

c. Whether making an exception to the denial or prohibition would be in the best interests of the child.

3. A review under subd. 1. shall be held within 30 days after the request for a review is made and the results of the review shall be provided to the applicant or kinship care or long-term kinship care relative within 10 working days after the review.

(b) If an application is denied or a payment is terminated for a reason other than a criminal background, including any decision related to a good cause claim under s. DCF 58.09 , the applicant, kinship care relative or long-term kinship care relative may appeal that decision to the division of hearings and appeals in the Wisconsin department of administration.

(c) If the agency fails to act on an application within the 45 days allowed under s. DCF 58.06 (1) (b) , the applicant may appeal that failure to the department of administration's division of hearings and appeals.

(3)   Timing of appeals. An appeal or review requested under sub. (2) shall be filed not more than 45 days after the date of the decision to deny or terminate a payment or, if the agency takes no action on an application, not more than 45 days after the end of the 45-day period under s. DCF 58.06 (1) (b) . An appeal or review shall be considered filed if received by the division of hearings and appeals or review agency, whichever is appropriate, not more than 45 days after the date of notification of the decision to deny or terminate a kinship care or long-term kinship care payment or, if the appeal relates to inaction on an application by the agency, within 90 days after the applicant's submission of a completed application. An appeal or review requested more than 45 days after that date shall be denied.

CR 99-071 : cr. Register January 2002 No. 553 , eff. 2-1-02; corrections in (1) (a), (2) (b), (c) and (3) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 .

Note

An applicant for a long-term kinship care payment or a long-term kinship care relative is not entitled to a review if the denial is based on a criminal record check. However, the director of the county agency, the designated tribal representative or the director of the Bureau of Milwaukee Child Welfare may approve the long-term kinship care agreement if that person determines that the arrest or conviction would not adversely affect the child or adversely affect the long-term kinship care relative's ability to care for the child. Microsoft Windows NT 6.1.7601 Service Pack 1 The mailing address of the Division of Hearings and Appeals is P.O. Box 7875, Madison, WI 53707. Microsoft Windows NT 6.1.7601 Service Pack 1