Wisconsin Kinship Care Background Check and Ethan's Law

Who Gets Checked

Under Wis. Stat. § 48.57(3p), background checks are mandatory for every kinship care application. The checks cover:

• You, the relative caregiver applying for payments
• Every adult household member aged 18 and older living in the home
• Any non-client resident — someone living in the home who is not part of the kinship care arrangement

This applies to both voluntary and court-ordered kinship care. There is no exemption.

What the Checks Include

Three separate screenings are run:

1. Criminal background check — state and national criminal history, including out-of-state convictions
2. Child abuse and neglect registry — Wisconsin's child abuse and neglect records, checking whether anyone in the household has a substantiated finding
3. Fingerprint-based background check — a more thorough criminal records search using fingerprints, which catches convictions that a name-based search might miss

The agency runs these checks — you do not need to obtain them yourself, though you will need to cooperate with the fingerprinting process.

Barred Offenses

Convictions for specified offenses within statutory lookback periods result in mandatory denial or termination. The categories include:

• Specified violent felonies
• Child abuse and child sexual abuse
• Sexual assault
• Drug offenses within statutory lookback periods

The exact list of barred offenses and lookback periods is set by statute.

Ethan's Law and the Director Review

2021 Wisconsin Act 72, commonly called Ethan's Law, created a second-chance pathway. If your application is denied because of a background check finding, ask the agency about requesting a Director Review.

The Director Review gives the local agency discretion to approve your application after reviewing the background check finding.

A Director Review is not guaranteed to succeed, but it gives applicants an additional review option.

What to Do if You're Denied

You can also file a formal appeal with the Division of Hearings and Appeals. Protect the 45-calendar-day deadline by ensuring DHA receives your written request within 45 days of the denial notice date. An Administrative Law Judge reviews the case independently.

Keep the denial letter — the 45-day deadline runs from the date on the notice, not the date you received it. If you need legal help, Legal Action of Wisconsin (855-252-0677) and Judicare Legal Aid (800-472-1638) provide free legal assistance for benefit-related cases, subject to income eligibility.

Household Members Can Be the Problem

It is worth noting that the background check covers every adult in the home, not just you. If an adult child, partner, or other household member has a disqualifying conviction, the entire application can be denied — even if your own record is clean. In some cases, the household member can move out to clear the path, but the agency must verify the change.

The Wisconsin Kinship Financial Help Guide covers background checks, Director Reviews, and the full appeals process alongside every financial program for kinship caregivers.

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