Section 40.03. Review of an initial determination.

 

(1)   Notice. If an agency makes an initial determination that a specific person has abused or neglected a child, the agency shall send by first class mail all of the following information to the person by the next working day:

(a) A summary of the initial determination that includes the name of the child involved in the alleged incident and the reasons for the agency's determination that the person who is the subject of the initial determination has abused or neglected the child.

(b) Information on the administrative appeal process, including the procedures for review of an initial determination and a contested case hearing before the division of hearings and appeals if the final determination upholds the initial determination.

(c) Information on the effect of a final determination on background checks under ss. 48.685 and 50.065 , Stats.

(2)   Procedures for review of an initial determination.

(a) A person who is the subject of an initial determination may request a review of the initial determination by submitting a written request for review to the agency within 15 days after the date of the notice of initial determination.

(b) Within 15 days after receiving the review request, the agency shall send a written notice to the person who is the subject of the initial determination with the review date, time, and place. The notice shall be sent at least 7 days before the review.

(c) The agency shall appoint an individual or panel to conduct the review of the initial determination. A panel shall be comprised of at least 3 members, and the final determination shall be the decision of the majority of the panel. The individual or panel conducting the review of the initial determination shall have authority to make the final determination.

(d) Any person who conducts the review of the initial determination shall have knowledge of child protective services in Wisconsin.

(e) No person who conducts the review of the initial determination may have had any prior involvement in the investigation or determination for the case that is being reviewed.

(f) The review of the initial determination shall be held within 45 days after the agency receives a request for review from the person who is the subject of the initial determination.

(g) An agency may not hold the review of the initial determination in abeyance pending the outcome of any criminal proceedings or any proceedings under s. 48.13 or 938.12 , Stats., based on the alleged abuse or neglect or the outcome of any investigation that may lead to the filing of a criminal complaint or petition under s. 48.13 or 938.12 , Stats., based on the alleged abuse or neglect.

(h) The person who is the subject of the initial determination may request one rescheduling of the review date or time, and the agency shall grant the request if the review of the initial determination can be rescheduled within 45 days after the person's initial request for review. The notice of the rescheduled review date may be sent less than 7 days before the review if that is necessary to complete the review within 45 days after the person's request for review.

(i) The review of the initial determination shall be scheduled for at least one hour. When the review is scheduled, the agency shall provide the reviewing individual or panel with information related to the initial determination.

(j) The person who is the subject of the initial determination may be represented by an attorney at the review of the initial determination.

(k) The person who is the subject of the initial determination may present information that is relevant to whether the person has abused or neglected a child as specified in the initial determination. The person who is the subject of the initial determination may not present witnesses and does not have the right to question agency staff who may be present. Agency staff may allow questioning and respond to questions to facilitate the review. The agency is not required to present evidence or witnesses to support the determination beyond the materials provided under par. (i) .

History: EmR1427 : emerg. cr., eff. 1-1-15; CR 14-072 : cr. Register June 2015 No. 714 , eff. 7-1-15.