LRB-1033/1
GMM:jld
2015 - 2016 LEGISLATURE
July 8, 2015 - Introduced by Representatives Vorpagel, Knodl, Krug, Mursau,
Quinn, Spreitzer, Subeck and Thiesfeldt, cosponsored by Senators
LeMahieu, Harris Dodd and Olsen. Referred to Committee on Family Law.
AB282,1,4 1An Act to amend 48.57 (3m) (f), 48.57 (3m) (g) 1. (intro.), 48.57 (3n) (f), 48.57 (3n)
2(g) 1. (intro.), 48.57 (3p) (h) 5. and 48.57 (3p) (hm) of the statutes; relating to:
3appeals of denials of kinship care payments based on arrest or conviction
4record.
Analysis by the Legislative Reference Bureau
Under current law, monthly kinship care payments may be made to a relative
of a child (kinship care relative) who is providing care and maintenance for the chid
if certain conditions are met. One of those conditions is that the county department
of human services or social services (county department) or, in Milwaukee County,
the Department of Children and Families (DCF) conducts a background
investigation of the kinship care relative, any employee and prospective employee of
the kinship care relative who has or would have regular contact with the child for
whom the payments would be made, and any other adult resident of the kinship care
relative's home to determine if the kinship care relative, employee, prospective
employee, or adult resident has any arrests or convictions that could adversely affect
the child or the kinship care relative's ability to care for the child (arrest or conviction
record). Current law permits a person who is denied kinship care payments based
on arrest or conviction record to request a review of that decision by the director of
the county department (county director) or, in Milwaukee County, by a person
designated by the secretary of children and families to conduct those reviews
(secretary's designee). Under current law, the decision of the county director or
secretary's designee is final and is not subject to further administrative review.

This bill permits a person who is aggrieved by a decision of a county director or
secretary's designee denying kinship care payments based on arrest or conviction
record to petition DCF for a hearing on that decision. Under the bill, DCF must give
the petitioner an opportunity for a fair hearing, and the decision of DCF after the
hearing is final, subject to judicial review or to revocation or modification as altered
conditions may require.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB282,1 1Section 1. 48.57 (3m) (f) of the statutes is amended to read:
AB282,2,92 48.57 (3m) (f) Any person whose application for payments under par. (am) is
3not acted on promptly or, is denied on the grounds that a condition specified in par.
4(am) 1., 1m., 2., 5., 5m., or 6. has not been met , or is denied following a review under
5sub. (3p) (h) on the grounds that a condition specified in par. (am) 4.or 4m. has not
6been met,
and any person whose payments under par. (am) are discontinued under
7par. (d), may petition the department under par. (g) for a review of that action or
8failure to act. Review is unavailable if the action or failure to act arose more than
945 days before submission of the petition for review.
AB282,2 10Section 2. 48.57 (3m) (g) 1. (intro.) of the statutes is amended to read:
AB282,3,811 48.57 (3m) (g) 1. (intro.) Upon receipt of a timely petition under par. (f) the
12department shall give the applicant or recipient reasonable notice and an
13opportunity for a fair hearing. The department may make such additional
14investigation as it considers necessary. Notice of the hearing shall be given to the
15applicant or recipient and to the county department or subunit of the department
16whose action or failure to act is the subject of the petition. That county department
17or subunit of the department may be represented at the hearing. The department
18shall render its decision as soon as possible after the hearing and shall send a

1certified copy of its decision to the applicant or recipient and to the county
2department or subunit of the department whose action or failure to act is the subject
3of the petition. The decision of the department shall have the same effect as an order
4of the county department or subunit of the department whose action or failure to act
5is the subject of the petition. The decision shall be final, but may be reviewed under
6ss. 227.52 to 227.58 or
revoked or modified as altered conditions may require. The
7department shall deny a petition for review or shall refuse to grant relief if any of the
8following applies:
AB282,3 9Section 3. 48.57 (3n) (f) of the statutes is amended to read:
AB282,3,1710 48.57 (3n) (f) Any person whose application for payments under par. (am) is not
11acted on promptly or, is denied on the grounds that a condition specified in par. (am)
121., 2., 5., 5m., or 5r. has not been met, or is denied following a review under sub. (3p)
13(hm) on the grounds that a condition specified in par. (am) 4.or 4m. has not been met,

14and any person whose payments under par. (am) are discontinued under par. (d), may
15petition the department under par. (g) for a review of that action or failure to act.
16Review is unavailable if the action or failure to act arose more than 45 days before
17submission of the petition for review.
AB282,4 18Section 4. 48.57 (3n) (g) 1. (intro.) of the statutes is amended to read:
AB282,4,919 48.57 (3n) (g) 1. (intro.) Upon receipt of a timely petition under par. (f) the
20department shall give the applicant or recipient reasonable notice and an
21opportunity for a fair hearing. The department may make such additional
22investigation as it considers necessary. Notice of the hearing shall be given to the
23applicant or recipient and to the county department or subunit of the department
24whose action or failure to act is the subject of the petition. That county department
25or subunit of the department may be represented at the hearing. The department

1shall render its decision as soon as possible after the hearing and shall send a
2certified copy of its decision to the applicant or recipient and to the county
3department or subunit of the department whose action or failure to act is the subject
4of the petition. The decision of the department shall have the same effect as an order
5of the county department or subunit of the department whose action or failure to act
6is the subject of the petition. The decision shall be final, but may be reviewed under
7ss. 227.52 to 227.58 or
revoked or modified as altered conditions may require. The
8department shall deny a petition for review or shall refuse to grant relief if any of the
9following applies:
AB282,5 10Section 5. 48.57 (3p) (h) 5. of the statutes is amended to read:
AB282,4,1311 48.57 (3p) (h) 5. A person who is aggrieved by a decision under this paragraph
12is not subject to review under ch. 227 may obtain a hearing on that decision under
13sub. (3m) (g) as provided in sub. (3m) (f)
.
AB282,6 14Section 6. 48.57 (3p) (hm) of the statutes is amended to read:
AB282,4,2515 48.57 (3p) (hm) A county department or, in a county having a population of
16500,000 or more, the department may not make payments to a person under sub. (3n)
17and a person receiving payments under sub. (3n) may not employ a person in a
18position in which that person would have regular contact with the child for whom
19payments are being made or permit a person to be an adult resident if the director
20of the county department or, in a county having a population of 500,000 or more, the
21person designated by the secretary to review conviction records under this
22paragraph determines that the person has any arrest or conviction that is likely to
23adversely affect the child or the person's ability to care for the child. A person who
24is aggrieved by a decision under this paragraph may obtain a hearing on that
25decision under sub. (3n) (g) as provided in sub. (3n) (f).
AB282,7
1Section 7. Initial applicability.
AB282,5,52 (1) Kinship care fair hearings. This act first applies to a decision of a director
3of a county department of human services or social services or of a designee of the
4secretary of children and families denying kinship care payments on the grounds of
5arrest or conviction record made on the effective date of this subsection.
AB282,5,66 (End)
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