Bureau of Milwaukee Child Welfare
Child Abuse Prevention and
Treatment Act Appeal Process
Appeal
Process for a Substantiated Maltreatment Finding Under the
federal Child Abuse Prevention and Treatment Act (CAPTA) and Wisconsin state law, a
person who has been named as a maltreater in a substantiated case of
child abuse or neglect has the right to appeal. This appeal process starts with the
First Appeal Review with Bureau of Milwaukee Child Welfare staff. If you
have been named as a maltreater and want to appeal the decision, follow
these steps.
-
Within 15 days of the decision to substantiate (find true) an
accusation of child maltreatment in which you have been named as a
maltreater, you will receive a letter stating the outcome along with a CAPTA Appeal
Form. Return the
form to the CAPTA Coordinator as directed on the form, along with the
information it requests about your employment/licensure. The
employment information is needed because many jobs and licenses bar
people who have been named maltreaters in cases of child
abuse/neglect.
-
A CAPTA reviewer will schedule an interview at
the Bureau of Milwaukee Child
Welfare's administrative offices. You will receive a letter with
details. You have a right to send additional written information to
the reviewer that you feel is relevant to your case. You may
request a written statement of the allegation of maltreatment before
the hearing. You may have an attorney present, but the attorney does
not participate. During the interview, you will be asked about the
case. The interview will be audio taped.
-
The interviewer presents your case to the
Substantiation Review Panel at the Bureau of Milwaukee Child Welfare, which will decide your case. You will be
notified within 30 days of their decision.
-
If the substantiation is overturned, you will be notified
by mail. The decision to overturn naming you as a maltreater and to
overturn the substantiated findings will be entered into the case
record. If the decision is upheld, you may appeal to the
Division of Hearings and Appeals only if being identified as a
maltreater affects your employment/licensing status. If being
named as maltreater does not affect your employment/licensing your
appeal ends with the decision of the Substantiation Review Panel.
Second Step/Administrative Appeal
(Must be filed within 30 days of receipt of the First
Step appeal determination letter.) As stated above, if the First Appeal Review upholds the finding,
you will receive a letter stating such. A Request for Administrative
Appeal - CAPTA Substantiation Decision form will be included. This
appeal is only offered to those whose employment or licensing will be
affected by being listed as a maltreater. Send the letter to the Division of Hearing and Appeals within
30 days of the
date on the appeal determination letter. The receipt of your request will be
acknowledged in a letter. A second letter will inform you of which
Administrative Law judge will be your contact and provide details of
when and where the hearing will take place.
Rehabilitation Review Process
Wisconsin also offers a Rehabilitation Review Process for those substantiated
for maltreatment who would like to clear their records for employment
and licensing purposes. To find out more about
this process and receive an application, contact the office listed below
or go to
http://www.dhs.wisconsin.gov/forms/F8/F83263.pdf
(PDF 42.37 KB)
Department of Children and Families
Office of Legal Counsel
201 E. Washington Ave. G 200
P. O. Box 8916
Madison, WI 53707-8916
(608) 267-3905
Contact
the Bureau of Milwaukee Child Welfare
Last Revised:
July 30, 2010
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