SB 202

Under current law, monthly kinship care payments may be made to a relative

of a child (kinship care relative) who is providing care and maintenance for the chid

if certain conditions are met. One of those conditions is that the county department

of human services or social services (county department) or, in Milwaukee County,

the Department of Children and Families (DCF) conducts a background

investigation of the kinship care relative, any employee and prospective employee of

the kinship care relative who has or would have regular contact with the child for

whom the payments would be made, and any other adult resident of the kinship care

relative's home to determine if the kinship care relative, employee, prospective

employee, or adult resident has any arrests or convictions that could adversely affect

the child or the kinship care relative's ability to care for the child (arrest or conviction

record). Current law permits a person who is denied kinship care payments based

on arrest or conviction record to request a review of that decision by the director of

the county department (county director) or, in Milwaukee County, by a person

designated by the secretary of children and families to conduct those reviews

(secretary's designee). Under current law, the decision of the county director or

secretary's designee is final and is not subject to further administrative review.

This bill permits a person who is aggrieved by a decision of a county director or

secretary's designee denying kinship care payments based on arrest or conviction

record to petition DCF for a hearing on that decision. Under the bill, DCF must give

the petitioner an opportunity for a fair hearing, and the decision of DCF after the

hearing is final, subject to judicial review or to revocation or modification as altered

conditions may require.