Wisconsin Kinship Care Appeal and Fair Hearing Process

Your Right to Appeal

If your Kinship Care application is denied, your payments are reduced, or your benefits are terminated, you have the right to request a fair hearing through the State of Wisconsin Division of Hearings and Appeals (DHA). This is an administrative appeal — not a lawsuit — and you do not need a lawyer to file one.

The same appeal process applies to denials or adverse actions on BadgerCare Plus, FoodShare, and Wisconsin Shares childcare subsidies.

The Deadline That Matters Most

For Kinship Care, BadgerCare Plus, and Wisconsin Shares: your written hearing request must reach the Division of Hearings and Appeals within 45 calendar days from the date on the written notice of adverse action.

For FoodShare: the deadline is longer — 90 calendar days.

For Wisconsin Works (W-2): the process is different. You first request a Fact-Finding review with the local W-2 agency within 21 calendar days.

These deadlines run from the date printed on the notice, not the day you receive it. If your mail is slow or you opened the letter late, you've already lost days. File as soon as possible.

How to File

Send your written hearing request to:

Division of Hearings and Appeals P.O. Box 7875 Madison, WI 53707-7875 Fax: 608-264-9885

The request does not need to be complicated. State your name, the child's name, the program, the action you're appealing (denied, reduced, or terminated), the date of the notice, and that you're requesting a fair hearing. Keep a copy and proof of mailing or fax confirmation.

Continuing Benefits During the Appeal

If your hearing request is received before the effective date of the adverse action — before your benefits are actually cut or stopped — your benefits may continue at the prior level while the appeal is pending. This is called aid-paid-pending.

There's a risk: if the Administrative Law Judge upholds the agency's decision, you may have to repay the benefits you received during the appeal period. But if the judge rules in your favor, your benefits continue without interruption.

What Happens at the Hearing

An Administrative Law Judge from the DHA conducts the hearing, usually by telephone. You present your side — why the denial or termination was wrong. The agency presents its reasoning. Both sides can submit documents.

You can represent yourself or have someone represent you. If you qualify for free legal aid, Legal Action of Wisconsin (855-252-0677, southern/eastern counties) or Judicare Legal Aid (800-472-1638, northern counties and tribal nations) may be able to help.

The Director Review for Background Check Denials

Background check denials have an additional option alongside the formal appeal. Under Ethan's Law (2021 Wisconsin Act 72), you can request a Director Review — a second look that gives the local agency discretion to approve your application. If you request a Director Review, also protect the 45-day formal appeal deadline by filing with DHA within 45 calendar days from the written notice date.

Annual Reviews and Renewal Denials

Kinship Care eligibility is reviewed annually using Form DCF-F-5369-E. If your renewal is denied or your payments are terminated at the annual review, the same 45-day appeal deadline applies. Common renewal issues include changes in household composition, a new adult household member failing the background check, or the agency determining the child's circumstances have changed.

The Wisconsin Kinship Financial Help Guide covers appeal deadlines for every program, the hearing process, and how to prepare your case.

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