PAP.15.7.020 Appeal Rights.

(a) Kinship Care; Director Review of Background Check Denial.

(1) Request for review.

(A) A relative caregiver applying for or receiving kinship care payments may submit a request for review by the ICW Director if the relative caregiver receives a written notice of any of the following:

(i) 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 Wis. Stat. § 48.57(3p)(g) and §PAP.15.4.060.

(ii) The background check of a prospective adult resident, adult resident, prospective employee, or employee indicates a conviction or imposition of a penalty specified under Wis. Stat. § 48.57(3p)(g) and §PAP.15.4.060, 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.

(B) A relative caregiver's request for review shall be addressed to the ICW Director and submitted to the LCO Kinship Care Office in the manner specified in the notice no later than forty-five (45) days after the date of the notice under subd. (A)

(C) The LCO Kinship Care Office shall continue kinship care payments to a relative caregiver if the relative caregiver submits a request for review by the director within ten (10) days after the date of a notice of termination, pending the ICW Director's written notice of determination under sub. (3) and, if the relative caregiver submits a request for a hearing under par. (b) within ten (10) days after the date of the ICW Director's written notice of determination under sub. (3), the hearing decision.

(2) Standard for review. Within thirty (30) days after the LCO Kinship Care Office receives the relative caregiver's request for review under sub. (1), the ICW 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 ICW Director shall consider all of the following factors:

(A) The length of time between the date of the arrest, conviction, or imposition of the penalty and the date of the review.

(B) 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.

(C) Whether making an exception to the denial would be in the best interests of the child.

(3) Director's determination. Within ten (10) working days after making the determination under sub. (2), the LCO Kinship Care Office shall send the relative caregiver a written notice of the ICW Director's determination and a summary of the relative caregiver's right to a hearing under par. (b) and Wis. Stat. § 48.57(3m)(f)-(g).

(A) A relative caregiver applying for or receiving long-term kinship care is not eligible for a review by the ICW Director because the ICW Director makes background check determinations for long-term kinship care under §PAP.15.4.070.

(b) Request for Hearing.

(1) Notice of LCO Kinship Care Office 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 forty-five (45) days after the date of a notice from the LCO Kinship Care Office of any of the following:

(A) A denial or termination of kinship care payments or long-term kinship care payments for a reason other than as specified under §PAP.15.4.060 or §PAP.15.4.070

(B) A denial or termination of kinship care payments following the ICW Director's review of the relative caregiver's conviction record under par. (a).

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

(i) Permits the prospective adult resident, or continues to permit the adult resident, to reside in the relative caregiver's home.

(ii) Employs the prospective employee or continues to employ the employee.

(D) A denial or termination of long-term kinship care payments based on the background check of the relative caregiver under §PAP.15.4.070.

(E) A determination by the ICW 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. (C) (i) or (ii).

(F) A determination under §PAP.15.5.030 that it is not in the best interests of the child for the relative caregiver to do any of the following:

(i) Permit a prospective adult resident to reside, or continue to permit an adult resident to reside, in the relative caregiver's home.

(ii) Employ a prospective employee or continue to employ an employee.

(G) The relative caregiver received the first written notice of an overpayment.

(2) Failure to act on application. If the LCO Kinship Care Office fails to act on a relative caregiver's complete application as specified under §PAP.15.6.010(a), the relative caregiver may submit a request for a hearing to the division of hearings and appeals no later than forty-five (45) days after the date of the deadline for the LCO Kinship Care Office to process the application under §PAP.15.6.010(b).

(3) 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:

(A) The relative caregiver is applying for or receiving kinship care payments, the LCO Kinship Care Office sent the relative caregiver the notice specified under par. (a) (1) (A), and any of the following:

(i) The relative caregiver has not requested a review by the ICW Director under par. (a).

(ii) The relative caregiver requested a review by the ICW Director under par. (a), the ICW Director has not sent a notice of the determination, and the time allowed for the ICW Director to send the notice of the determination has not expired.

(B) The LCO Kinship Care Office determined that the person was ineligible for kinship care or long-term kinship care within the previous two (2) years, and the reason for the denial or termination has not changed.