Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 40 - Review Of A Determination Of Child Abuse Or Neglect › Section DCF 40.04 - Final determination and hearing procedures

Current through June 24, 2024
(1) Within 10 days
				after the date of the review of the initial determination, the individual or
				panel conducting the review of the initial determination under s. DCF 40.03
				shall make a final determination on whether the person who is the subject of
				the initial determination has abused or neglected a child. Within 5 days after
				the date of the final determination, the agency shall send a written notice of
				final determination to the person by first class mail.
(2) If the person who is the subject of the
				initial determination does not request a review of the determination within 15
				days after the date of the notice of initial determination, the agency shall
				send a written notice of final determination to the person within 5 days after
				the deadline for requesting a review of the initial determination.
(3) If the final determination upholds the
				initial determination or the person who is the subject of the initial
				determination did not request a review of the determination, the notice of
				final determination shall include all of the following:
(a) A summary of the final 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 final
				determination has abused or neglected the child.
(b) Information on appealing the final
				determination, including all of the following:
1. To receive a contested case hearing under
				ch. 227, Stats., the person shall file a request for a hearing with the
				division of hearings and appeals within 10 days after the date of the
				notice.
2. Materials may be
				submitted to the division of hearings and appeals by mail, personal service,
				inter-departmental mail, or fax. The date of filing shall be one of the
				following:
a. Materials mailed to the division
				of hearings and appeals shall be considered filed on the date of the postmark.
				If the postmark date is illegible or absent, the filing date shall be the date
				of receipt by the division of hearings and appeals.
b. Materials submitted by personal service or
				by inter-departmental mail shall be considered filed on the date they are
				received by the division of hearings and appeals.
c. Materials transmitted to the division of
				hearings and appeals by facsimile shall be considered filed or served on the
				division or the administrative law judge on the date and at the time that is
				imprinted by the division's facsimile machine on the transaction report that
				accompanies the document. Documents received after midnight local time shall be
				deemed filed on the first following business day.
Note:
The mailing address is Division of
				  Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875. The street address
				  is 4822 Madison Yards Way, Madison, WI 53705. The fax number is (608)
				  264-9885.
3. A
				person who is the subject of a final determination may request that the
				division of hearings and appeals expedite the person's appeal if any of the
				following apply:
a. The person currently has,
				or has applied for, a license, certification, certificate of approval, or
				registration that may be revoked or denied as provided in s.
				48.685,
				48.686,
				or
				50.065,
				Stats.
b. The person is currently
				employed by or contracts with, or the person is actively engaged in seeking
				employment or a contract with, an entity or a child care program for duties
				subject to the background check requirements under s.
				48.685,
				48.686,
				or
				50.065,
				Stats.
c. The person is enrolled in
				an academic program that leads to license, certification, or employment or
				contract position that will be subject to the background check requirements
				under s.
				48.685
				or
				50.065,
				Stats., and the person can be expected to complete the academic program within
				150 days after the date of the request for a hearing with the division of
				hearings and appeals.
4.
				A person who requests that the division of hearings and appeals expedite the
				appeal shall indicate the request on the request for a hearing and provide
				documentation that a qualifying condition under subd. 3. applies.
5. The division of hearings and appeals shall
				commence the hearing within 90 days after receipt of the request for hearing,
				unless any of the following apply:
a. The
				hearing is rescheduled on the request of the person requesting the
				hearing.
b. The contested case
				proceeding is held in abeyance pending the outcome of any criminal proceedings
				or any proceedings under s.
				48.13,
				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 a petition
				under s.
				48.13,
				Stats., based on the alleged abuse or neglect.
6. The division of hearings and appeals shall
				issue a final decision within 60 days after the close of the hearing.
7. Judicial review of the final decision
				following the hearing may be had by any party to the contested case proceeding
				as provided in ch. 227, Stats.
(c) Information on background checks under
				ss.
				48.685,
				48.686,
				and
				50.065,
				Stats., including all of the following:
1. A
				final determination that the person abused or neglected a child is a bar to
				certain licenses, employment, residence, and other specified actions involving
				an entity, child care program, or person that is covered by the background
				check requirements in s.
				48.685,
				48.686,
				or
				50.065,
				Stats.
2. The person may request a
				review to demonstrate that the person has been rehabilitated.
3. Rehabilitation may be denied, approved for
				all actions that would otherwise be barred by the final determination under s.
				48.685,
				48.686,
				or
				50.065,
				Stats., or limited to approval for specified actions only.
Note:
Chapter DCF 12 contains information on the
				  rehabilitation review process under s.
				  48.685,
				  Stats. Chapter DCF 13 contains information on the rehabilitation review process
				  under s.
				  48.686,
				  Stats. Chapter DHS 12 contains information on the rehabilitation review process
				  under s.
				  50.065,
				  Stats.