Bingenheimer v. Wisconsin Department of Health & Social Services

Maxine A. Bingenheimer (Bingen-heimer) appeals from a trial court judgment which upheld a determination by the Wisconsin Department of Health and Social Services (Department) that the Department was without jurisdiction to conduct a hearing on the removal of a foster child from Bingenheimer’s foster home. We hold that the Department had no jurisdiction to conduct a hearing because the child was removed from the foster home pursuant to sec. 48.357, Stats., which does not provide for a hearing, and that the fair hearing procedures of sec. 48.64, Stats., are inapplicable when a child is removed…