Review and Expunction of Central Registries and Reporting Records - Wisconsin

Date:

Right of the Reported Person to Review and Challenge Records

Citation: Ann. Stat. § 48.981(3)(c)(5m), (5p)

The county department or, in a county having a population of 750,000 or more, the Department of Children and Families or a licensed child welfare agency under contract with the department, may include in the results of an investigation a determination that a specific person has abused or neglected a child. If the department or agency makes an initial determination that a specific person has abused or neglected a child, the department or agency shall provide that person with an opportunity for a review of that initial determination in accordance with rules promulgated by the department before the department or agency may make a final determination that the person has abused or neglected a child. Within 5 days after the date of a final determination that a specific person has abused or neglected a child, the department or agency shall notify the person in writing of the determination, the person's right to a contested case hearing on the determination, and the procedures by which the person may receive that hearing.

A person who is the subject of a final determination that the person has abused or neglected a child has the right to a contested case hearing on that determination under chapter 227. To receive that hearing, the person must send to the department a written request for a hearing within 10 days after the date of the notice of the determination. The department shall commence the hearing within 90 days after receipt of the request for the hearing, unless the hearing is rescheduled on the request of the person requesting the hearing or the contested case proceeding is held in abeyance, as provided in this subdivision, and shall issue a final decision within 60 days after the close of the hearing.

Judicial review of the final administrative decision following the hearing may be had by any party to the contested case proceeding as provided in chapter 227. The person presiding over a contested case proceeding may hold the hearing in abeyance pending the outcome of any criminal proceedings or any proceedings under § 48.13 based on the alleged abuse or neglect or the outcome of any investigation that may lead to the filing of a criminal complaint or a petition under § 48.13 based on the alleged abuse or neglect.

When Records Must Be Expunged

This issue is not addressed in the statutes reviewed.