Brown v. State Dep't of Children & Families
819 N.W.2d 827
Wis. Ct. App.2012Background
- Brown's childcare license was revoked under Wisconsin's new caregiver law, 2009 Wis. Act 76.
- Brown had previously concealed seasonal employment while receiving public assistance in the late 1980s.
- In 1991 Brown pled guilty to failure to report income, convicting her under Wis. Stat. 49.12(1), (6) and 943.20(3)(c).
- In 2010 the Department gave Notice of Revocation and Brown appealed to the Division of Hearings and Appeals.
- The Division affirmed the revocation, holding the conviction barred licensure as a matter of law under the new statute.
- The trial court affirmed, and Brown appeals the order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Department's factual finding is supported by evidence | Brown argues the conviction was only under §49.12(6). | Department contends Brown was convicted of a felony described by §49.12(1), (6) and §943.20(3)(c). | Supported by credible, substantial evidence. |
| Whether permanent license bar under the new caregiver law is proper | Brown contends the permanent ban is contrary to the statute. | Department asserts the statute automatically bars those with fraudulent activity involving food stamps. | Lawful interpretation; permanent bar upheld. |
| Whether the new caregiver law is constitutional | Brown claims due process and equal protection violations. | Law withstands due process and equal protection challenges. | Constitutional; passes due process and equal protection scrutiny. |
Key Cases Cited
- Jamerson v. Wisconsin Dep't of Children & Families, 340 Wis.2d 215, 813 N.W.2d 221 (Wis. Ct. App. 2012) (interprets new caregiver law and its differences from prior law)
- Hagen v. LIRC, 210 Wis.2d 12, 563 N.W.2d 454 (Wis. 1997) (substantial evidence standard for findings of fact)
- Boynton Cab Co. v. DILHR, 96 Wis.2d 396, 291 N.W.2d 850 (Wis. 1980) (deference to agency findings when credibility not in issue)
- Thorp v. Town of Lebanon, 235 Wis.2d 610, 612 N.W.2d 59 (Wis. 2000) (adequacy of post-deprivation remedies for due process)
- McCartney v. Dane County, 166 Wis.2d 956, 480 N.W.2d 830 (Wis. Ct. App. 1992) (procedural due process and protected interests)
- Aicher ex rel. LaBarge v. Wisconsin Patients Comp. Fund, 237 Wis.2d 99, 613 N.W.2d 849 (Wis. 2000) (rational basis review and equal protection considerations)
- Kohn v. Darlington Cmty. Sch., 2005 WI 99, 283 Wis.2d 1, 698 N.W.2d 794 (Wis. 2005) (rational basis equal protection analysis framework)
- MercyCare Ins. Co. v. Wisconsin Comm'r of Ins., 2010 WI 87, 328 Wis.2d 110, 786 N.W.2d 785 (Wis. 2010) (deference levels in statutory interpretation)