1. (1) Kinship care; director review of background check denial.

   1. (a) Request for review.

      1. 1. A relative caregiver applying for or receiving kinship care payments may submit a request for review by the director of the kinship care agency if the relative caregiver receives a written notice of any of the following:

         1. a. Kinship care payments are denied or terminated because the background check of the relative caregiver indicates a conviction or imposition of a penalty specified under s. 48.57 (3p) (g), Stats., and s. DCF 58.05 (6).
         2. b. The background check of a prospective adult resident, adult resident, prospective employee, or employee indicates a conviction or imposition of a penalty specified under s. 48.57 (3p) (g), Stats., and s. DCF 58.05 (6), and kinship care payments will be denied or terminated if the relative caregiver permits the prospective adult resident to reside in the relative caregiver’s home, continues to permit the adult resident to reside in the relative caregiver’s home, employs the prospective employee, or continues to employ the employee.
      2. 2. A relative caregiver’s request for review shall be addressed to the director and submitted to the kinship care agency in the manner specified in the notice no later than 45 days after the date of the notice under subd. 1.
      3. 3. The kinship care agency shall continue kinship care payments to a relative caregiver if the relative caregiver submits a request for review by the director within 10 days after the date of a notice of termination, pending the director’s written notice of determination under par. (c) and, if the relative caregiver submits a request for a hearing under sub. (2) within 10 days after the date of the director’s written notice of determination under par. (c), the hearing decision.

   2. (b) Standard for review. Within 30 days after the kinship care agency receives the relative caregiver’s request for review under par. (a), the director shall determine if the conviction record on which the denial, termination, prospective denial, or prospective termination was based includes any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the relative caregiver to care for the child. In reviewing the conviction record, the director shall consider all of the following factors:

      1. 1. The length of time between the date of the arrest, conviction, or imposition of the penalty and the date of the review.
      2. 2. The nature of the alleged violation, violation, or penalty and how that alleged violation, violation, or penalty affects the ability of the relative caregiver to care for the child.
      3. 3. Whether making an exception to the denial would be in the best interests of the child.

   3. (c) Director’s determination. Within 10 working days after making the determination under par. (b), the kinship care agency shall send the relative caregiver a written notice of the director’s determination and a summary of the relative caregiver’s right to a hearing under sub. (2) and s. 48.57 (3m) (f) and (g), Stats.

      Note: A relative caregiver applying for or receiving long-term kinship care is not eligible for a review by the director because the director makes background check determinations for long-term kinship care under s. DCF 58.05 (7).

2. (2) Request for hearing.

   1. (a) Notice of agency action. A relative caregiver may submit a request for a hearing to the division of hearings and appeals in the manner specified in the notice no later than 45 days after the date of a notice from the kinship care agency of any of the following:

      1. 1. A denial or termination of kinship care payments or long-term kinship care payments for a reason other than as specified under s. DCF 58.05 (6) or (7).
      2. 2. A denial or termination of kinship care payments following the director’s review of the relative caregiver’s conviction record under sub. (1).

      3. 3. A determination by a director, after reviewing the conviction record of a prospective adult resident, adult resident, prospective employee, or employee under sub. (1), that kinship care payments will be denied or terminated if the relative caregiver does any of the following:

         1. a. Permits the prospective adult resident, or continues to permit the adult resident, to reside in the relative caregiver’s home.
         2. b. Employs the prospective employee or continues to employ the employee.
      4. 4. A denial or termination of long-term kinship care payments based on the background check of the relative caregiver under s. DCF 58.05 (7).
      5. 5. A determination by a director, based on the background check of a prospective adult resident, adult resident, prospective employee, or employee, that long-term kinship care payments will be denied or terminated if the relative caregiver does as provided under subd. 3. a. or b.

      6. 6. A determination under s. DCF 58.06 (3) that it is not in the best interests of the child for the relative caregiver to do any of the following:

         1. a. Permit a prospective adult resident to reside, or continue to permit an adult resident to reside, in the relative caregiver’s home.
         2. b. Employ a prospective employee or continue to employ an employee.
      7. 7. The relative caregiver received the first written notice of an overpayment.

   2. (b) Failure to act on application. If the kinship care agency fails to act on a relative caregiver’s complete application as specified under s. DCF 58.08 (1) (a), the relative caregiver may submit a request for a hearing to the division of hearings and appeals no later than 45 days after the date of the deadline for the kinship care agency to process the application under s. DCF 58.08 (1) (b).

      Note: A request for a hearing may be mailed to Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875; faxed to (608) 264-9885; or delivered to 4822 Madison Yards Way, Madison, WI 53705.

   3. (c) No division of hearings and appeals hearing right. A relative caregiver may not be granted a hearing with the division of hearings and appeals if any of the following conditions is met:

      1. 1. The relative caregiver is applying for or receiving kinship care payments, the kinship care agency sent the relative caregiver the notice specified under sub. (1) (a) 1., and any of the following:

         1. a. The relative caregiver has not requested a review by the director under sub. (1).
         2. b. The relative caregiver requested a review by the director under sub. (1), the director has not sent a notice of the determination, and the time allowed for the director to send the notice of the determination has not expired.

      2. 2. The kinship care agency determined that the person was ineligible for kinship care or long-term kinship care within the previous 2 years, and the reason for the denial or termination has not changed.

         Note: For kinship care, the procedures for a hearing with the Division of Hearings and Appeals are under s. 48.57 (3m) (g), Stats. For long-term kinship care, the procedures for a hearing with the Division of Hearings and Appeals are under s. 48.57 (3n) (g), Stats.

History

History: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (2) (a) 1., (b) made under s. 35.17, Stats., Register October 2020 No. 778.