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Administrative Rule Wisconsin DCF 40 Overview. WISCONSIN DCF 40- Review of a Determination of Child Abuse or Neglect Timeline *All days are calendar days. Agency Holds Review of Initial Determination. Agency Response & Review Notice. Rights to initial review letter Sent.

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administrative rule wisconsin dcf 40 overview
Administrative Rule Wisconsin DCF 40 Overview

WISCONSIN DCF 40- Review of a Determination of Child Abuse or Neglect Timeline

*All days are calendar days

Agency Holds

Review of Initial Determination

Agency Response & Review Notice

Rights to initial review letter Sent

Agency Final Written Decision

Initial Assessment Determination

Maltreater Response

30 -45 Days total *to hold review

10 Days

*Agency has 10 days to make final written review decision from actual review date

15 Days *from date of letter.

* If person does not respond within the 15 days; or is late agency must notify send the individual a notice of final determination within 5 days (from the 15 day expiration)

60 Days

* Letter generated and sent upon IA approval by supervisor

  • Agency must respond with a review date within 15 days of receiving “review request”
  • Review date must be at least 7 days out from the date agency responded to maltreater with review date
  • Review can be rescheduled one time for any reason but cannot exceed the maximum overall time frame of 45 days.

Agency Review Notification and Next Level Appeal Information

Next Level

Appeal (Contested Case Hearing)

DHA Hearing

Decision

DHA Hearing

90 Days

* DHA has to hold Contested Case Hearing within 90 days of maltreater request

60 Days

*Decision rendered within 60 days of hearing

10 Days

* Maltreater has 10 days to respond to DHA for next level of appeal -Contested case hearing

5 Days

*Agency has 5 days to send final review decision after the final determination is made to maltreater (upheld/overturned) and next level appeal information

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Administrative Rule DCF 40 Overview

Review Process Requirements

  • Review shall be scheduled for at least 1 hour
  • Review may be by an individual or panel and have the authority to make the final 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.
  • Any person or panel who conduct the review shall have knowledge of child protective services in Wisconsin.
  • No person who conducts the review of the initial determination may have had any prior involvement in the investigation or determination of the case that is being reviewed.
  • The person may be represented by an attorney at the review of the initial determination.
  • The person may present information that is relevant to whether the person had abused or neglected a child as specified in the initial determination.
  • The person may not present witnesses and may not question any agency staff who may be present.
  • The agency is not required to present evidence or witnesses to support the determination.
  • eWiSACWIS Key Design Elements
  • Will provide ability to record and track the Review process
  • Will provide template's that pre-fill much of the needed information
  • Will provide ticklers to the primary worker
  • Worker will be required to enter a summary of the initial determination that is a detailed and concise statement of the reasons for the agencies determination
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