Wis. Admin. Code Department of Children and Families DCF 12.14

Current through November 25, 2024

Section DCF 12.14 - Appealing a rehabilitation review panel's denial

(1)

(a) A person who is denied rehabilitation approval may submit a written request for review of the decision under s. 48.685(5c), Stats., within 10 days after the date of the written decision by the rehabilitation panel. No new evidence may be submitted.

(b) A person who appeals under this subsection shall bear the burden of proving, by a preponderance of the evidence, that the rehabilitation review panel for the agency erroneously exercised its discretion in deciding that the person did not show sufficient evidence to demonstrate that the person is rehabilitated.

Note: Pursuant to s. 48.685(5c), Stats., submit an appeal to the following, as appropriate:

1. To appeal a denial by a rehabilitation review panel for the department or a child-placing agency, send the request to the Department of Children and Families, Office of Legal Counsel, P.O. Box 8916, Madison, WI 53708-8916.

2. To appeal a denial by a rehabilitation review panel for a county department, send the request to the director of the appropriate county department or the director's designee.

(2) A person who receives an adverse decision from the secretary of the department or the secretary's designee under sub. (1) may request a contested case hearing under ch. 227, Stats., and ch. HA 1 within 10 days after the date of the written decision by the department.

Note: A request for a hearing may be mailed to Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875 or faxed to (608) 264-9885.

(3) A person who receives an adverse decision from a county department director or the director's designee has the right to appeal the decision under ch. 68, Stats.

Wis. Admin. Code Department of Children and Families DCF 12.14

Adopted by, CR 16-014: cr. Register June 2016 No. 726, eff. 7/1/2016

Correction in (2) (Note) made under s. 13.92(4) (b) 7, Stats., Register March 2018 No. 747, eff. 4/1/2018

Amended by, correction in (1) (Note) made under s. 35.17, Stats., Register March 2020 No. 771, eff. 4/1/2020

Amended by, CR 21-107: am. (1) (b), (2), (3) Register June 2022 No. 798, eff. 7/1/2022