Wis. Stat. § 48.57
This is the official text of Wis. Stat. § 48.57, part of Wisconsin’s Wisconsin Statutes — the complete compiled statutory law of Wisconsin, organized into numbered chapters by subject.
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Official statutory text
1. A person who is denied payments under sub. (3m) for a reason specified in par. (g) 1. , 2. or 3. or a person who is prohibited from employing a person in a position in which that person would have regular contact with the child for whom payments under sub. (3m) are being made from permitting a person to be an adult resident for a reason specified in par. (g) 1. , 2. or 3. may request that the denial of payments or the prohibition on employment or being an adult resident be reviewed.
2. The request for review shall be filed with the director of the county department or, in a county having a population of 750,000 or more, with the person designated by the secretary to receive requests for review filed under this subdivision. If the governing body of an Indian tribe has entered into an agreement under sub. (3t) to administer the program under this subsection and sub. (3m) , the request for review shall be filed with the person designated by that governing body to receive requests for review filed under this subdivision.
3. The director of the county department, the person designated by the governing body of an Indian tribe or, in a county having a population of 750,000 or more, the person designated by the secretary shall review the denial of payments or the prohibition on employment or being an adult resident to determine if the conviction record on which the denial or prohibition is based includes any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the kinship care provider to care for the child. In reviewing the denial or prohibition, the director of the county department, the person designated by the governing body of the Indian tribe or the person designated by the secretary shall consider all of the following factors:
a. The length of time between the date of the arrest, conviction or of the imposition of the penalty and the date of the review.
b. The nature of the violation or penalty and how that violation or penalty affects the ability of the kinship care provider to care for the child.
c. Whether making an exception to the denial or prohibition would be in the best interests of the child.
4. If the director of the county department, the person designated by the governing body of the Indian tribe or, in a county having a population of 750,000 or more, the person designated by the secretary determines that the conviction record on which the denial of payments or the prohibition on employment or being an adult resident is based does not include any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the kinship care provider to care for the child, the director of the county department, the person designated by the governing body of the Indian tribe, or the person designated by the secretary may approve the making of payments under sub. (3m) or may permit a person receiving payments under sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident.
5. A person who is aggrieved by a decision under this paragraph may obtain a hearing on that decision under sub. (3m) (g) as provided in sub. (3m) (f) .
under sub. (3m) or may permit a person receiving payments under sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident.
5. A person who is aggrieved by a decision under this paragraph may obtain a hearing on that decision under sub. (3m) (g) as provided in sub. (3m) (f) .
(hm) A county department or, in a county having a population of 750,000 or more, the department may not make payments to a person under sub. (3n) and a person receiving payments under sub. (3n) may not employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident if the director of the county department or, in a county having a population of 750,000 or more, the person designated by the secretary to review conviction records under this paragraph determines that the person has any arrest or conviction that is likely to adversely affect the child or the person’s ability to care for the child. A person who is aggrieved by a decision under this paragraph may obtain a hearing on that decision under sub. (3n) (g) as provided in sub. (3n) (f) .
(i) A county department and, in a county having a population of 750,000 or more, the department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under s. 19.35 .
(j) A county department or, in a county having a population of 750,000 or more, the department may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.
(3t) Notwithstanding subs. (3m) , (3n) , and (3p) , the department may enter into an agreement with the governing body of an Indian tribe to allow that governing body to administer the program under subs. (3m) , (3n) , and (3p) within the boundaries of the reservation of the Indian tribe. Any agreement under this subsection relating to the administration of the program under sub. (3m) shall specify the person with whom a request for review under sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4. Any agreement under this subsection relating to the administration of the program under sub. (3n) shall specify who is to make any determination as to whether a conviction record is satisfactory.
History: 1977 c. 29 ; 1977 c. 83 s. 26 ; 1977 c. 271 , 354 , 418 , 447 , 449 ; 1979 c. 34 , 221 ; 1981 c. 329 ; 1983 a. 189 s. 329 (17) ; 1983 a. 447 ; 1985 a. 176 ; 1987 a. 339 ; 1993 a. 385 , 395 , 446 , 491 ; 1995 a. 27 ss. 2575 to 2579m , 9126 (19) ; 1995 a. 77 , 289 , 443 ; 1997 a. 3 , 27 , 35 , 36 , 41 , 105 , 237 , 252 , 292 ; 1999 a. 9 , 103 , 133 , 162 ; 2001 a. 16 ss. 1629 , 4036 - 4038 , 4040 , 4042 , 4043 ; 2001 a. 38 , 59 , 69 , 109 ; 2005 a. 25 , 232 , 293 ; 2007 a. 20 ; 2009 a. 28 , 71 , 94 , 180 ; 2011 a. 32 ; 2013 a. 20 , 334 , 335 , 362 ; 2015 a. 55 , 166 , 172 ; 2017 a. 59 , 145 , 365 , 366 ; 2019 a. 9 , 109 ; 2021 a. 58 , 76 ; 2023 a. 19 , 119 ; 2025 a. 15 .
2. The request for review shall be filed with the director of the county department or, in a county having a population of 750,000 or more, with the person designated by the secretary to receive requests for review filed under this subdivision. If the governing body of an Indian tribe has entered into an agreement under sub. (3t) to administer the program under this subsection and sub. (3m) , the request for review shall be filed with the person designated by that governing body to receive requests for review filed under this subdivision.
3. The director of the county department, the person designated by the governing body of an Indian tribe or, in a county having a population of 750,000 or more, the person designated by the secretary shall review the denial of payments or the prohibition on employment or being an adult resident to determine if the conviction record on which the denial or prohibition is based includes any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the kinship care provider to care for the child. In reviewing the denial or prohibition, the director of the county department, the person designated by the governing body of the Indian tribe or the person designated by the secretary shall consider all of the following factors:
a. The length of time between the date of the arrest, conviction or of the imposition of the penalty and the date of the review.
b. The nature of the violation or penalty and how that violation or penalty affects the ability of the kinship care provider to care for the child.
c. Whether making an exception to the denial or prohibition would be in the best interests of the child.
4. If the director of the county department, the person designated by the governing body of the Indian tribe or, in a county having a population of 750,000 or more, the person designated by the secretary determines that the conviction record on which the denial of payments or the prohibition on employment or being an adult resident is based does not include any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the kinship care provider to care for the child, the director of the county department, the person designated by the governing body of the Indian tribe, or the person designated by the secretary may approve the making of payments under sub. (3m) or may permit a person receiving payments under sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident.
5. A person who is aggrieved by a decision under this paragraph may obtain a hearing on that decision under sub. (3m) (g) as provided in sub. (3m) (f) .
under sub. (3m) or may permit a person receiving payments under sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident.
5. A person who is aggrieved by a decision under this paragraph may obtain a hearing on that decision under sub. (3m) (g) as provided in sub. (3m) (f) .
(hm) A county department or, in a county having a population of 750,000 or more, the department may not make payments to a person under sub. (3n) and a person receiving payments under sub. (3n) may not employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident if the director of the county department or, in a county having a population of 750,000 or more, the person designated by the secretary to review conviction records under this paragraph determines that the person has any arrest or conviction that is likely to adversely affect the child or the person’s ability to care for the child. A person who is aggrieved by a decision under this paragraph may obtain a hearing on that decision under sub. (3n) (g) as provided in sub. (3n) (f) .
(i) A county department and, in a county having a population of 750,000 or more, the department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under s. 19.35 .
(j) A county department or, in a county having a population of 750,000 or more, the department may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.
(3t) Notwithstanding subs. (3m) , (3n) , and (3p) , the department may enter into an agreement with the governing body of an Indian tribe to allow that governing body to administer the program under subs. (3m) , (3n) , and (3p) within the boundaries of the reservation of the Indian tribe. Any agreement under this subsection relating to the administration of the program under sub. (3m) shall specify the person with whom a request for review under sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4. Any agreement under this subsection relating to the administration of the program under sub. (3n) shall specify who is to make any determination as to whether a conviction record is satisfactory.
History: 1977 c. 29 ; 1977 c. 83 s. 26 ; 1977 c. 271 , 354 , 418 , 447 , 449 ; 1979 c. 34 , 221 ; 1981 c. 329 ; 1983 a. 189 s. 329 (17) ; 1983 a. 447 ; 1985 a. 176 ; 1987 a. 339 ; 1993 a. 385 , 395 , 446 , 491 ; 1995 a. 27 ss. 2575 to 2579m , 9126 (19) ; 1995 a. 77 , 289 , 443 ; 1997 a. 3 , 27 , 35 , 36 , 41 , 105 , 237 , 252 , 292 ; 1999 a. 9 , 103 , 133 , 162 ; 2001 a. 16 ss. 1629 , 4036 - 4038 , 4040 , 4042 , 4043 ; 2001 a. 38 , 59 , 69 , 109 ; 2005 a. 25 , 232 , 293 ; 2007 a. 20 ; 2009 a. 28 , 71 , 94 , 180 ; 2011 a. 32 ; 2013 a. 20 , 334 , 335 , 362 ; 2015 a. 55 , 166 , 172 ; 2017 a. 59 , 145 , 365 , 366 ; 2019 a. 9 , 109 ; 2021 a. 58 , 76 ; 2023 a. 19 , 119 ; 2025 a. 15 .
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