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 40.03 - Review of an initial determination
Universal Citation: WI Admin Code ยง DCF 40.03
Current through February 26, 2024
(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,
48.686,
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) .
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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