Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 21 - Re-Entry Into Out-Of-Home Care For Youth 18 Years of Age Or Over, But Under 21 Years Of Age › Section DCF 21.08 - Appeal rights

Current through June 24, 2024
(1) A youth may submit a written request for
				an appeal of an agency denial of the youth's request to re-enter out-of-home
				care or an agency termination of the voluntary transition-to-independent
				agreement between the youth and the agency. The request shall be sent to the
				director of the agency or his or her designee within 10 days after the date of
				the agency's notice of denial or termination. If the youth does not request an
				appeal within 10 days after the date of the agency's notice of denial under s.
				DCF
				21.04(8) or termination under s.
				DCF
				21.07(3), the denial or termination
				becomes final.
(2) The director of
				the agency or his or her designee shall make a determination on the youth's
				appeal request for appeal and send a written decision no later than 3 working
				days after the agency received the youth's request for appeal under sub. (1).
(3) If the director of the agency
				or his or her designee upholds the denial or termination, the youth may submit
				a written request for an appeal to the administrator of the department's
				division of safety and permanence within 10 days after the date of the agency's
				written decision under sub. (2). The division administrator or his or her
				designee shall consider the recommendation on whether to uphold the denial or
				termination made by a panel designated by the director of the bureau of
				permanence and out-of-home care in the division of safety and permanence. The
				division administrator or his or her designee shall make a determination and
				send the written decision to the youth within 5 working days after the
				department received the request. If the youth does not submit a written request
				for an appeal to the department's division of safety and permanence within 10
				days after the date of the agency's written decision under sub. (2), the denial
				or termination becomes final.
Note:
An appeal to the division administrator
				  may be sent by mail to the Extended Out-of-Home Care Panel, Division of Safety
				  and Permanence, 201 W. Washington Ave., P.O. Box 8916, Madison WI, 53708-8916
				  or by email to OHCExtensionAppeal@wisconsin.gov.
(4)
(a) A
				youth may request a hearing with the division of hearings and appeals under ch.
				227, Stats., and ch. HA 3 if the division administrator or his or her designee
				upholds the agency denial or termination under sub. (3).
(b) A request for a hearing shall be in
				writing, addressed to the division of hearings and appeals, and filed within 45
				days after the date of the notice from the division administrator or his or her
				designee upholding the denial or termination under sub. (3). A request for a
				hearing mailed to the division of hearings and appeals shall be considered
				filed with the division on the date of the postmark. If the youth does not
				request a hearing by the division of hearings and appeals within 45 days after
				the date of the notice from the division administrator or his or her designee
				upholding the denial or termination under sub. (3), the denial or termination
				becomes final.