Section DCF 21.08 - Appeal rights(1) A youth may submit a written request for an appeal of an agency denial of the youth's request to re-enter out-of-home care or an agency termination of the voluntary transition-to-independent agreement between the youth and the agency. The request shall be sent to the director of the agency or his or her designee within 10 days after the date of the agency's notice of denial or termination. If the youth does not request an appeal within 10 days after the date of the agency's notice of denial under s. DCF 21.04(8) or termination under s. DCF 21.07(3), the denial or termination becomes final.(2) The director of the agency or his or her designee shall make a determination on the youth's appeal request for appeal and send a written decision no later than 3 working days after the agency received the youth's request for appeal under sub. (1). (3) If the director of the agency or his or her designee upholds the denial or termination, the youth may submit a written request for an appeal to the administrator of the department's division of safety and permanence within 10 days after the date of the agency's written decision under sub. (2). The division administrator or his or her designee shall consider the recommendation on whether to uphold the denial or termination made by a panel designated by the director of the bureau of permanence and out-of-home care in the division of safety and permanence. The division administrator or his or her designee shall make a determination and send the written decision to the youth within 5 working days after the department received the request. If the youth does not submit a written request for an appeal to the department's division of safety and permanence within 10 days after the date of the agency's written decision under sub. (2), the denial or termination becomes final. Note: An appeal to the division administrator may be sent by mail to the Extended Out-of-Home Care Panel, Division of Safety and Permanence, 201 W. Washington Ave., P.O. Box 8916, Madison WI, 53708-8916 or by email to OHCExtensionAppeal@wisconsin.gov.
(4)(a) A youth may request a hearing with the division of hearings and appeals under ch. 227, Stats., and ch. HA 3 if the division administrator or his or her designee upholds the agency denial or termination under sub. (3).(b) A request for a hearing shall be in writing, addressed to the division of hearings and appeals, and filed within 45 days after the date of the notice from the division administrator or his or her designee upholding the denial or termination under sub. (3). A request for a hearing mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark. If the youth does not request a hearing by the division of hearings and appeals within 45 days after the date of the notice from the division administrator or his or her designee upholding the denial or termination under sub. (3), the denial or termination becomes final.Wis. Admin. Code Department of Children and Families DCF 21.08
Adopted by, CR 14-054: cr. Register April 2015 No. 712, eff.5/1/2015.Correction in (4) (Note) made under s. 13.92(4) (b) 7, Stats., Register March 2018 No. 747, eff. 4/1/2018Amended by, correction in (3) (Note) made under s. 13.92(4) (b) 7, Stats., Register March 2021 No. 783, eff. 4/1/2021A 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.