KENOSHA, Wis. — Even after a Kenosha County jury found that allegations of child abuse and neglect were not proven and the case was dismissed by a circuit court judge, Kenosha County’s Division of Children and Family Services (DCFS) appears poised to continue its internal administrative process — a move that is drawing sharp criticism and renewed scrutiny of agency leadership.
On February 9, 2026, a jury rejected the allegations in a CHIPS (Child in Need of Protection or Services) trial. The presiding judge dismissed the case following the verdict. In most citizens’ minds, that would seem to end the matter.
Still, DCFS issued a “Scheduled Review of the Initial Determination of Child Abuse and/or Neglect,” setting internal agency hearings at the Job Center on Sheridan Road for February 24, 2026. The notice informed the accused parents that the agency would conduct its own review process and make a final determination within 15 days of that review.
Under Wisconsin law, a CPS substantiation is an administrative finding separate from a criminal charge or CHIPS court proceeding. It does not require a criminal conviction. Instead, the agency determines whether there is “credible evidence” of maltreatment. A substantiated finding places an individual on the state’s Central Registry as a “maltreater,” which can affect employment and licensing.
The problem, critics argue, is that this administrative track can continue even when a jury of citizens has already heard the evidence and concluded that abuse or neglect was not proven.
In response to questions about the matter, DCFS cited confidentiality statutes — including Wis. Stat. §§ 48.78 and 48.981(7) — and declined to discuss any specific case details. Condo’s predecessor, Ron Rogers (D) used the same shield regularly, to avoid accountability. The agency provided a general explanation of the Initial Assessment process and how substantiation differs from a court charge.
But that explanation did little to address the central concern: why continue an administrative process that could label someone a “maltreater” after a jury has rejected the underlying allegations?
Pamela Condos (D), Director of Kenosha County DCFS, had no comment.
(File Photo by Kevin Mathewson, Kenosha County Eye)
Her supervisor, John Jansen (D), Director of the Kenosha County Department of Human Services, likewise had no comment.
(Photo by Kevin Mathewson, Kenosha County Eye)
County Executive Samantha Kerkman also declined comment. Kerkman has a hands-off role with Jansen, one of the County’s most powerful leaders. Although Kerkman was a Republican in the state Assembly for 22 years, she has kept former County Exec James Kreuser’s same staff of far-left liberals. This was a political move – that worked out. No one is running against her in this upcoming election, giving her another four years of reign.
The silence from agency leadership is likely to fuel further criticism at a time when public confidence in Kenosha County DCFS is already under strain.
While state law allows CPS agencies to make administrative determinations independent of court outcomes, the optics are difficult to ignore. A jury trial involves sworn testimony, cross-examination, evidentiary rules, and the judgment of citizens drawn from the community. By contrast, the agency review process does not require DCFS to present witnesses, and the accused cannot question agency staff about their conclusions. This means, in plain language, that the deck is stacked. It seems that DCFS is upset at the jury verdict and is poised to label the young family as “maltreaters” notwithstanding the jury verdict.
Legally, the processes are separate. Practically, they collide.
Retired Kenosha County Circuit Court Judge Bruce E. Schroeder — often referred to nationally as “America’s Judge” — has emphasized that few powers exercised by a court are more serious than removing a child from his or her parents. That gravity underscores why jury trials in CHIPS matters are so consequential. Schroeder also was known for saying “The sum of the knowledge and intellect of all of the jurors in a trial, is far greater than mine.” The director of DCFS, Pamela Condos (D), seems to disagree with this adage.
She’s authorized a secret proceeding in which her employees alone determine the family’s fate.
When a jury declines to find neglect, many view that as a powerful statement.
Whether DCFS ultimately proceeds with substantiation in this matter remains to be seen. But the broader issue — whether an administrative agency should pursue a maltreatment finding after a jury has rejected the same allegations — is likely to remain a point of public debate.
For now, Kenosha County’s top child welfare officials are saying nothing.
23 Responses
People who say we need more births ……. tell you all what ….
People see stuff like this over and over and over and say NO WAY I’m having
kids when there’s a possibility that something goes wrong and and irresponsible “CPS” takes
control where my kid is abused and they have full control.
NO WAY.
Have your tubes tied.
Get off the couch.
Problem is when you go to collect your SS and there’s no one to pay it, you’ll then wonder why no one had kids……..
You just don’t get it, do you?
If the court and jury found no evidence then that should be the end of it. There needs to be better laws to not give an agency so much power.
Not necessarily, the courts decide on whatever events have charges, that doesn’t mean that they ruled squat on anything else that the dcfs maybe aware of. I say let this play out, before judging it.
You are so right! I know of a family this has happened to and it is now going on 4 years of their children having been removed from their home, along with the threat of putting them up for adoption. All charges were dropped at the very beginning.
They are horrible and should be investigated. Used to work for the city and have lots of stories
Kerkman’s leadership reeks of failure.
She’s only running unopposed because the parties in Kenosha are as big a failure as Kerkman.
…again and again and again.
I have no knowledge of this case nor do I want to read about bad things that happen to kids.
But for a government agency to go back to the well time after time until they get what they want is not just wrong but illegal. Or it should be.
Amanda ? Are you up on this story ?!?
Is this a law that needs review ?!?
Amanda. I don’t know what your long term plans or goals are but continuing to review and propose legislation involving kids will get you very far with your constituents and beyond.
Please get involved in looking at this. You know the players. You have the phone numbers.
Take a look, please !
You have very strong opinions for someone who starts out with the admission that they have no idea about the details. It sounds like they have a mandate to continue with this situation
I think there needs to be more information before anyone comes to a conclusion whether DCFS is right or wrong. It seems that the amount of evidence needed for the administrative review may be less than required in court. If so, then the jury’s verdict in the CHIPS action may be interesting but not dispositive. In simple terms, think back (if you’re old enough) to the O.J. Simpson case. He beat the murder rap in the criminal case where the burden of proof is beyond a reasonable doubt but was found responsible for the wrongful death in a civil case where the burden was a preponderance of the evidence. Maybe that’s analogous to this situation, maybe not, but it does seem like there’s more to the story.
DCFS is a Government agency. Period.
Nice try. Thanks for playing
There are burdens of proof required in administrative actions, too. And Wisconsin does have a review mechanism.
Simple statements from a simple person.
A government agency trying to insert itself into the private lives of the citizenry? No way!
Bet you’d be one of the first people to complain that no one protected kids, despite having a job where they get paid to protect kids. If you don’t want the government to be a nanny state, then the actual parents better be ready to take on the role of Nanny.
Why don’t you do a report on how many sheriff’s deputies, department of corrections correctional officers and police officers become foster parents, to the people they lock up?… How about you look into how many of these so-called foster parents/officers are active drug users/alcoholics themselves..
Back in the day, law enforcement detectives working in sensitive crimes would tell the involved parties, you may not have to talk to the police, but if you want your kids you need to talk to DCFS. That was a shame then as is a shame now. In this story, I question how someone with this accusation would be able to prove innocence? How does one see the list of “maltreaters?” Is it only seen statewide or national like on SACWIS? The Watcher wants to know!
I don’t know. It’s a catch 22 with CPS administrations. They get vilified for overreach or blamed when a kid ‘falls thru the cracks’. That’s why there is a statute saying they may proceed with any open investigation after a CHIP verdict. It’s a safety mechanism, and the powers that be at CPS are following the department’s SOP. If there is some sort of personal connection between Condos and either parent, this case would most likely have been remanded to Racine County. But if that were the situation, I’m sure it would have come up. Let them finish the investigation, write their report, dot all the i’s and cross all the t’s and file it. I don’t see how being investigated by an agency is going to affect anyone’s ability to find/keep work or procure/keep any kind of licensing or certification. If nothing comes of it, you’re not obligated to disclose the fact that it happened. And it’s not a matter of public record that would show up in a background check if nothing came from the investigation and the case was closed. The only thing out there is the actual court record. I think that if it were true, investigations by CPS agencies regardless of outcome became a mark on a permanent record could literally destroy someone’s life, there would be a backlog of libel/restitution suits a mile long.
The deck is definitely stacked against the accused. Most parents do not know their rights when DCFS shows up at their door. They have the right to refuse access to their home without a warrant and they have the right to have an attorney present. When their children are taken to be questioned, they have the right to have an attorney or other trusted individual present during their questioning. DCFS is known to question these children for extended periods of time, relentlessly, until the child is so confused they will say whatever they have to say to satisfy DCFS. When DCFS does a review, the accused is not allowed any witnesses on their behalf. Once they have control over the children and the children have been removed from the parents’ care, DCFS tries to force a plan to turn the family into this perfect little package, using the threat of adoption to keep them bowing to their pressure. Having relatives who have been foster parents in other counties, I have been told that Kenosha County DCFS is the absolute worst to have to deal with on these matters. And it is all done despite charges being dismissed. It’s all about flaunting their power!
CPS staff have the power to completely destroy families and ruin lives.
They understand this and wield it like a machete. So many children separated from their parents.
The list of “requirements” that the Parents have to complete to be reunited with their children is unbelievable. With all of the appointments and classes the parents lose their jobs and ultimately are told they cannot be reunited because the parents are unemployed and can’t financially support the children…