48.57(3m)(g)1.1. Upon receipt of a timely petition under
par. (f) the department shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. That county department or subunit of the department may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision of the department shall have the same effect as an order of the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for review or shall refuse to grant relief if any of the following applies:
48.57(3m)(g)1.b.
b. The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in state law.
48.57(3m)(g)1.c.
c. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the department.
48.57(3m)(g)2.
2. If a recipient requests a hearing within 10 days after the date of notice that his or her payments under
par. (am) are being discontinued, those payments may not be discontinued until a decision is rendered after the hearing but payments made pending the hearing decision may be recovered by the department if the contested action or failure to act is upheld. The department shall promptly notify the county department of the county in which the recipient resides or, if the recipient resides in a county having a population of 500,000 or more, the subunit of the department administering of the kinship care program in that county that the recipient has requested a hearing. Payments under
par. (am) shall be discontinued if any of the following applies:
48.57(3m)(g)2.a.
a. The recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient's behalf.
48.57(3m)(g)2.b.
b. The recipient is notified of a change in his or her payments under
par. (am) while the hearing decision is pending but the recipient fails to request a hearing on the change.
48.57(3m)(g)3.
3. The recipient shall be promptly informed in writing if his or her payments under
par. (am) are to be discontinued pending the hearing decision.
48.57(3n)(a)1.
1. "Child" means a person under 18 years of age or a person 18 years of age or over, but under 19 years of age, who is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent and who is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma.
48.57(3n)(a)2.
2. "Long-term kinship care relative" means a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by blood, marriage or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce.
48.57 Note
NOTE: Subd. 2. is shown as affected by two acts of the 1999 legislature and as merged by the revisor under s. 13.93 (2) (c).
48.57(3n)(am)
(am) From the appropriation under
s. 20.435 (3) (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make monthly payments for each child in the amount specified in
sub. (3m) (am) (intro.) to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:
48.57(3n)(am)1.
1. The long-term kinship care relative applies to the county department or department for payments under this subsection and provides proof that he or she has been appointed as the guardian of the child under
s. 48.977 (2).
48.57(3n)(am)2.
2. The county department or department inspects the long-term kinship care relative's home, interviews the long-term kinship care relative and determines that long-term placement with the long-term kinship care relative is in the best interests of the child.
48.57(3n)(am)4.
4. The county department or department conducts a background investigation under
sub. (3p) of the long-term kinship care relative, the employees and prospective employees of the long-term kinship care relative who have or would have regular contact with the child for whom the payments would be made and any other adult resident, as defined in
sub. (3p) (a), of the long-term kinship care relative's home to determine if the long-term kinship care relative, employee, prospective employee or adult resident has any arrests or convictions that are likely to adversely affect the child or the long-term kinship care relative's ability to care for the child.
48.57(3n)(am)4m.
4m. Subject to
sub. (3p) (fm) 1m. and
2m., the long-term kinship care relative states that he or she does not have any arrests or convictions that could adversely affect the child or the long-term kinship care relative's ability to care for the child and that, to the best of the long-term kinship care relative's knowledge, no adult resident, as defined in
sub. (3p) (a), and no employee or prospective employee of the long-term kinship care relative who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the long-term kinship care relative's ability to care for the child.
48.57(3n)(am)5.
5. The long-term kinship care relative cooperates with the county department or department in the application process, including applying for other forms of assistance for which the child may be eligible.
48.57(3n)(am)5m.
5m. The long-term kinship care relative is not receiving payments under
sub. (3m) with respect to the child.
48.57(3n)(am)5r.
5r. The child for whom the long-term kinship care relative is providing care and maintenance is not receiving supplemental security income under
42 USC 1381 to
1383c or state supplemental payments under
s. 49.77.
48.57(3n)(am)6.
6. The long-term kinship care relative and the county department or department enter into a written agreement under which the long-term kinship care relative agrees to provide care and maintenance for the child and the county department or department agrees, subject to
sub. (3p) (hm), to make monthly payments to the long-term kinship care relative at the rate specified in
sub. (3m) (am) (intro.) until the earliest of the following:
48.57(3n)(am)6.a.
a. The date on which the child attains the age of 18 years or, if on that date the child is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent and is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma, the date on which the child is granted a high school or high school equivalency diploma or the date on which the child attains the age of 19 years, whichever occurs first.
48.57(3n)(am)6.c.
c. The date on which the child is placed outside the long-term kinship care relative's home under a court order or under a voluntary agreement under
s. 48.63.
48.57(3n)(am)6.d.
d. The date on which the child ceases to reside with the long-term kinship care relative.
48.57(3n)(ar)
(ar) Subject to
sub. (3p) (fm) 1m. and
(hm), a county department or, in a county having a population of 500,000 or more, the department shall enter into an agreement under
par. (am) 6. if all of the following conditions are met:
48.57(3n)(ar)2.
2. The applicant has expressed a willingness to enter into the agreement.
48.57(3n)(b)1.1. The county department or, in a county having a population of 500,000 or more, the department shall refer to the attorney responsible for support enforcement under
s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under
par. (am).
48.57(3n)(b)2.
2. When any long-term kinship care relative of a child applies for or receives payments under this subsection, any right of the child or the child's parent to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application and any right to amounts accruing during the time that payments are made under this subsection, is assigned to the state. If a child is the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.
48.57(3n)(c)
(c) The county department or, in a county having a population of 500,000 or more, the department shall require the parent or parents of a child for whom a payment is made under
par. (am) to initiate or continue health care insurance coverage for the child.
48.57(3n)(cm)
(cm) A long-term kinship care relative who receives a payment under
par. (am) for providing care and maintenance for a child is not eligible to receive a payment under
sub. (3m) or
s. 48.62 (4) for that child.
48.57(3n)(d)
(d) The county department or, in a county having a population of 500,000 or more, the department shall, at least once every 12 months after the county department or department begins making payments under this subsection, determine whether any of the events specified in
par. (am) 6. a. to
f. have occurred. If any such events have occurred, the county department or department shall discontinue making those payments.
48.57(3n)(e)
(e) The department shall determine whether the child is eligible for medical assistance under
ss. 49.43 to
49.47.
48.57(3n)(f)
(f) Any person whose application for payments under
par. (am) is not acted on promptly or is denied on the grounds that a condition specified in
par. (am) 1.,
2.,
5.,
5m. or
5r. has not been met and any person whose payments under
par. (am) are discontinued under
par. (d) may petition the department under
par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.
48.57(3n)(g)1.1. Upon receipt of a timely petition under
par. (f) the department shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. That county department or subunit of the department may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision of the department shall have the same effect as an order of the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for review or shall refuse to grant relief if any of the following applies:
48.57(3n)(g)1.b.
b. The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in state law.
48.57(3n)(g)1.c.
c. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the department.
48.57(3n)(g)2.
2. If a recipient requests a hearing within 10 days after the date of notice that his or her payments under
par. (am) are being discontinued, those payments may not be discontinued until a decision is rendered after the hearing but payments made pending the hearing decision may be recovered by the department if the contested action or failure to act is upheld. The department shall promptly notify the county department of the county in which the recipient resides or, if the recipient resides in a county having a population of 500,000 or more, the subunit of the department administering of the long-term kinship care program in that county that the recipient has requested a hearing. Payments under
par. (am) shall be discontinued if any of the following applies:
48.57(3n)(g)2.a.
a. The recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient's behalf.
48.57(3n)(g)2.b.
b. The recipient is notified of a change in his or her payments under
par. (am) while the hearing decision is pending but the recipient fails to request a hearing on the change.
48.57(3n)(g)3.
3. The recipient shall be promptly informed in writing if his or her payments under
par. (am) are to be discontinued pending the hearing decision.
48.57(3p)(a)(a) In this subsection, "adult resident" means a person 18 years of age or over who lives at the home of a person who has applied for or is receiving payments under
sub. (3m) or
(3n) with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a person who has applied for or is receiving payments under
sub. (3m) or
(3n).
48.57(3p)(b)1.1. After receipt of an application for payments under
sub. (3m) or
(3n), the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of the applicant.
48.57(3p)(b)2.
2. The county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under
sub. (3m) at the time of review under
sub. (3m) (d) or at any other time that the county department or department of health and family services considers to be appropriate.
48.57(3p)(b)3.
3. The county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under
sub. (3n) at any time that the county department or department of health and family services considers to be appropriate.
48.57(3p)(c)1.1. After receipt of an application for payments under
sub. (3m) or
(3n), the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall, in addition to the investigation under
par. (b) 1., conduct a background investigation of all employees and prospective employees of the applicant who have or would have regular contact with the child for whom those payments are being made and of each adult resident.
48.57(3p)(c)2.
2. The county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, may conduct a background investigation of any of the employees or prospective employees of any person who is receiving payments under
sub. (3m) who have or would have regular contact with the child for whom those payments are being made and of each adult resident at the time of review under
sub. (3m) (d) or at any other time that the county department or department of health and family services considers to be appropriate.
48.57(3p)(c)2m.
2m. The county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, may conduct a background investigation of any of the employees or prospective employees of any person who is receiving payments under
sub. (3n) who have or would have regular contact with the child for whom payments are being made and of each adult resident at any time that the county department or department of health and family services considers to be appropriate.
48.57(3p)(c)3.
3. Before a person who is receiving payments under
sub. (3m) or
(3n) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of the prospective employee or prospective adult resident unless that person has already been investigated under
subd. 1.,
2. or
2m.
48.57(3p)(d)
(d) If the person being investigated under
par. (b) or
(c) is a nonresident, or at any time within the 5 years preceding the date of the application has been a nonresident, or if the county department or, in a county having a population of 500,000 or more, the department of health and family services determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the county department or department of health and family services shall require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.
48.57(3p)(e)
(e) Upon request, a person being investigated under
par. (b) or
(c) shall provide the county department or, in a county having a population of 500,000 or more, the department of health and family services with all of the following information:
48.57(3p)(e)3.
3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.
48.57(3p)(e)4.
4. Information regarding the conviction record of the person under the law of this state or any other state or under federal law. This information shall be provided on a notarized background verification form that the department shall provide by rule.
48.57(3p)(fm)1.1. The county department or, in a county having a population of 500,000 or more, the department of health and family services may provisionally approve the making of payments under
sub. (3m) based on the applicant's statement under
sub. (3m) (am) 4m. The county department or department of health and family services may not finally approve the making of payments under
sub. (3m) unless the county department or department of health and family services receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in
par. (g) 1. to
3. or payment is approved under
par. (h) 4. The county department or department of health and family services may make payments under
sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in
par. (g) 1. to
3.
Effective date note
NOTE: Subd. 1. is repealed and recreated eff. the day after publication of the 2001-03 biennial budget by
1997 Wis. Act 27 to read:
Effective date text
(fm) 1. The county department or, in a county having a population of 500,000 or more, the department of health and family services may provisionally approve the making of payments under sub. (3m) based on the applicant's statement under sub. (3m) (am) 4m. The county department or department of health and family services may not finally approve the making of payments under sub. (3m) unless the county department or department of health and family services receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. The county department or department of health and family services may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.
48.57(3p)(fm)1m.
1m. The county department or, in a county having a population of 500,000 or more, the department of health and family services may not enter into the agreement under
sub. (3n) (am) 6. unless the county department or department of health and family services receives information from the department of justice relating to the conviction record of the applicant under the law of this state and that record indicates either that the applicant has not been arrested or convicted or that the applicant has been arrested or convicted but the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision determines that the conviction record is satisfactory because it does not include any arrest or conviction that the director or person designated by the secretary determines is likely to adversely affect the child or the long-term kinship care relative's ability to care for the child. The county department or, in a county having a population of 500,000 or more, the department of health and family services may make payments under
sub. (3n) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision determines is likely to adversely affect the child or the long-term kinship care relative's ability to care for the child.
48.57(3p)(fm)2.
2. A person receiving payments under
sub. (3m) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 500,000 or more, the department of health and family services that the employee or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payments under
sub. (3m) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 500,000 or more, the department of health and family services receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in
par. (g) 1. to
3. and the county department so advises the department of health and family services and the person receiving payments under
sub. (3m) or the department of health and family services so advises that person. A person receiving payments under
sub. (3m) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 500,000 or more, the department of health and family services that the federal bureau of investigation indicates that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in
par. (g) 1. to
3.
Effective date note
NOTE: Subd. 2. is repealed and recreated eff. the day after publication of the 2001-03 biennial budget by
1997 Wis. Act 27 to read:
Effective date text
2. A person receiving payments under sub. (3m) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 500,000 or more, the department of health and family services that the employee or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payments under sub. (3m) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 500,000 or more, the department of health and family services receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the county department so advises the department of health and family services and the person receiving payments under sub. (3m) or the department of health and family services so advises that person. A person receiving payments under sub. (3m) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 500,000 or more, the department of health and family services that the federal bureau of investigation indicates that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.
48.57(3p)(fm)2m.
2m. A person receiving payments under
sub. (3n) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 500,000 or more, the department of health and family services that, to the best of his or her knowledge, the employee or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payment under
sub. (3n) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 500,000 or more, the department of health and family services receives information from the department of justice relating to the person's conviction record under the law of this state and that record indicates either that the person has not been arrested or convicted or that the person has been arrested or convicted but the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision determines that the conviction record is satisfactory because it does not include any arrest or conviction that is likely to adversely affect the child or the long-term kinship care relative's ability to care for the child and the county department or department of health and family services so advises the person receiving payments under
sub. (3n). A person receiving payments under
sub. (3n) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 500,000 or more, the department of health and family services that the federal bureau of investigation indicates that the person's conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision determines is likely to adversely affect the child or the long-term kinship care relative's ability to care for the child.
48.57(3p)(g)
(g) Except as provided in
par. (h), the county department or, in a county having a population of 500,000 or more, the department of health and family services may not make payments to a person applying for payments under
sub. (3m) and a person receiving payments under
sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:
Effective date note
NOTE: Par. (g) (intro.) is repealed and recreated eff. the day after publication of the 2001-03 biennial budget by
1997 Wis. Acts 27 and
252 to read:
Effective date text
(g) A county department or, in a county having a population of 500,000 or more, the department of health and family services may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:
48.57(3p)(g)1.
1. The person has been convicted of a violation of
ch. 961 that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of
ch. 961 that is punishable as a felony if committed in this state.
48.57(3p)(g)2.
2. The person has had imposed on him or her a penalty specified in
s. 939.62,
939.621,
939.63,
939.64,
939.641 or
939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.
48.57(3p)(g)3.
3. The person has been convicted of a violation of
ch. 940,
944 or
948, other than a violation of
s. 940.291,
940.34,
944.36,
948.45,
948.63 or
948.70, or of a violation of the law of any other state or federal law that would be a violation of
ch. 940,
944 or
948, other than a violation of
s. 940.291,
940.34,
944.36,
948.45,
948.63 or
948.70, if committed in this state, except that a county department or, in a county having a population of 500,000 or more, the department of health and family services may make payments to a person applying for payments under
sub. (3m) and a person receiving payments under
sub. (3m) may employ in a position in which the person would have regular contact with the child for whom those payments are being made or permit to be an adult resident a person who has been convicted of a violation of
s. 944.30,
944.31 or
944.33 or of a violation of the law of any other state or federal law that would be a violation of
s. 944.30,
944.31 or
944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.
48.57(3p)(h)1.1. A person who is denied payments under
sub. (3m) for a reason specified in
par. (g) 1.,
2. or
3. or a person who is prohibited from employing a person in a position in which that person would have regular contact with the child for whom payments under
sub. (3m) are being made from permitting a person to be an adult resident for a reason specified in
par. (g) 1.,
2. or
3. may request that the denial of payments or the prohibition on employment or being an adult resident be reviewed.
48.57(3p)(h)2.
2. The request for review shall be filed with the director of the county department or, in a county having a population of 500,000 or more, with the person designated by the secretary of health and family services to receive requests for review filed under this subdivision. If the governing body of a federally recognized American Indian tribe or band has entered into an agreement under
sub. (3t) to administer the program under this subsection and
sub. (3m), the request for review shall be filed with the person designated by that governing body to receive requests for review filed under this subdivision.
48.57(3p)(h)3.
3. The director of the county department, the person designated by the governing body of a federally recognized American Indian tribe or band or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services shall review the denial of payments or the prohibition on employment or being an adult resident to determine if the conviction record on which the denial or prohibition is based includes any arrests, convictions or penalties that are likely to adversely affect the child or the ability of the kinship care relative to care for the child. In reviewing the denial or prohibition, the director of the county department, the person designated by the governing body of the federally recognized American Indian tribe or band or the person designated by the secretary of health and family services shall consider, but not be limited to, all of the following factors:
48.57(3p)(h)3.a.
a. The length of time between the date of the arrest, conviction or of the imposition of the penalty and the date of the review.
48.57(3p)(h)3.b.
b. The nature of the violation or penalty and how that violation or penalty affects the ability of the kinship care relative to care for the child.
48.57(3p)(h)3.c.
c. Whether making an exception to the denial or prohibition would be in the best interests of the child.
48.57(3p)(h)4.
4. If the director of the county department, the person designated by the governing body of the federally recognized American Indian tribe or band or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services determines that the conviction record on which the denial of payments or the prohibition on employment or being an adult resident is based does not include any arrests, convictions or penalties that are likely to adversely affect the child or the ability of the kinship care relative to care for the child, the director of the county department, the person designated by the governing body of the federally recognized American Indian tribe or band or the person designated by the secretary of health and family services may approve the making of payments under
sub. (3m) or may permit a person receiving payments under
sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident.
48.57(3p)(h)5.
5. A decision under this paragraph is not subject to review under
ch. 227.
