Chapter DCF 58

DCF 58.12(8)(f) (f) Sworn statements from persons other than the parent or the relative caregiver with knowledge of the circumstance on which the good cause claim is based.

DCF 58.12(8)(g) (g) Any other supporting or corroborative evidence.

DCF 58.12(9) (9)  Special requirements for proof of good cause.

DCF 58.12(9)(a) (a) Emotional harm. If a good cause claim is based on emotional harm to the relative caregiver or to the child, the kinship care agency shall consider all of the following:

DCF 58.12(9)(a)1. 1. Present emotional state of the person subject to emotional harm.

DCF 58.12(9)(a)2. 2. Emotional health history of the person subject to emotional harm.

DCF 58.12(9)(a)3. 3. Intensity and probable duration of the emotional harm.

DCF 58.12(9)(a)4. 4. Degree of cooperation to be required.

DCF 58.12(9)(a)5. 5. Extent of involvement of the child or the relative caregiver in the establishment of the support enforcement activity to be undertaken.

DCF 58.12(9)(b) (b) Physical harm. If a good cause claim is based on anticipated physical harm and no evidence is submitted, the kinship care agency shall conduct an investigation.

DCF 58.12(9)(c) (c) Incest or sexual assault. If a good cause claim is based on the relative caregiver’s statement that the child was conceived as a result of incest or sexual assault, but this is not documented, the claim may be reviewed as one based on emotional harm.

DCF 58.12(10) (10)  General requirements for proof of good cause.

DCF 58.12(10)(a) (a) The relative caregiver who claims good cause shall provide supporting evidence within 20 days from the day the claim is signed. The kinship care agency worker may, with supervisory approval, determine that more time is necessary because of difficulty in obtaining certain evidence.

DCF 58.12(10)(b) (b) There shall be at least one document of evidence, in addition to any sworn statements from the relative caregiver, for proof of good cause. The relative caregiver shall be encouraged to provide as many types of evidence as possible. The kinship care agency shall offer assistance in obtaining necessary evidence.

DCF 58.12(10)(c) (c) When sufficient evidence to substantiate a good cause claim has not been submitted, the kinship care agency shall do all of the following:

DCF 58.12(10)(c)1. 1. Notify the relative caregiver that additional evidence is required and specify that evidence.

DCF 58.12(10)(c)2. 2. Advise the relative caregiver on how to obtain the evidence.

DCF 58.12(10)(c)3. 3. Make a reasonable effort to obtain specific documents that are not reasonably attainable by the relative caregiver without assistance.

DCF 58.12(10)(d) (d) If after having been notified that additional evidence is required, the relative caregiver continues to refuse to cooperate or the evidence obtained does not establish good cause, the kinship care agency shall then notify the relative caregiver that if no further action is taken within 45 days from the date of the notification, good cause will not be found and that the relative caregiver may do any of the following:

DCF 58.12(10)(d)1. 1. Withdraw the claim and cooperate.

DCF 58.12(10)(d)2. 2. Exclude affected children from the application or case.

DCF 58.12(10)(d)3. 3. Withdraw the application or request that the case be closed.

DCF 58.12(10)(d)4. 4. Request a hearing under s. DCF 58.11 (2).

DCF 58.12(10)(e) (e) If the 45-day period under par. (d) has expired and no action as specified in par. (d) has occurred, the kinship care agency shall deny the application for, or close the case of, any affected child.

DCF 58.12(11) (11)  Investigation of good cause claim.

DCF 58.12(11)(a) (a) The kinship care agency shall conduct an investigation of any good cause claim based on anticipated physical harm, both when the claim is credible without supporting evidence and when supporting evidence is not available. Good cause shall be found when both the relative caregiver’s statement and the investigation satisfy the kinship care agency that the relative caregiver has good cause.

DCF 58.12(11)(b) (b) The kinship care agency may also investigate any good cause claim when the relative caregiver’s statement, together with the corroborative evidence, does not provide a sufficient basis for a determination.

DCF 58.12(11)(c) (c) Neither the kinship care agency nor the child support agency shall, in the course of any investigation, contact the parent from whom support would be sought without first notifying the relative caregiver in writing of the intention to do so. The relative caregiver may, within 45-days from the date of the notification, do any of the following:

DCF 58.12(11)(c)1. 1. Present additional supporting or corroborative evidence or information so that contact with the parent is unnecessary.

DCF 58.12(11)(c)2. 2. Exclude an affected child from the application or case.

DCF 58.12(11)(c)3. 3. Withdraw the application or request that the case be closed.

DCF 58.12(11)(c)4. 4. Request a hearing under s. DCF 58.11 (2).

DCF 58.12(11)(d) (d) When the 45-day period under par. (c) has expired and no action as specified in par. (c) has occurred, the kinship care agency shall deny the application for, or close the case of, any affected child.

DCF 58.12(12) (12)  Notice of good cause finding.

DCF 58.12(12)(a) (a) Notice to the child support agency. The kinship care agency shall notify the child support agency in writing of the final determination whether good cause is found or is not found and, if found, whether or not the child support agency should proceed to secure child support without participation of the relative caregiver.

DCF 58.12(12)(b) (b) When good cause is found. When good cause is found, the kinship care agency shall do one of the following, as appropriate:

DCF 58.12(12)(b)1. 1. Direct the child support agency to suspend all further case activities if it is determined that the child support agency’s action, even without participation of the relative caregiver, can be reasonably anticipated to result in physical or emotional harm to the child or the relative caregiver.

DCF 58.12(12)(b)2. 2.

DCF 58.12(12)(b)2.a. a. Advise the child support agency to proceed without the participation of the relative caregiver if the child support agency’s action can reasonably be anticipated to not result in physical or emotional harm to the child or the relative caregiver.

DCF 58.12(12)(b)2.b. b. The kinship care agency shall notify the relative caregiver immediately of its intended recommendation to the child support agency under subd. 2. a., but shall delay notice to the child support agency for 45 days from the date on which the kinship care agency gave notice to the relative caregiver to allow the relative caregiver time to exclude any affected child from the application or case, to withdraw the application or request that the case be closed, or to request a hearing.

DCF 58.12(12)(b)2.c. c. The kinship care agency’s recommendation under subd. 2. a. to the child support agency shall be in writing and shall contain the kinship care agency’s findings and the basis for its determination. A copy of the written recommendation shall be included in the relative caregiver’s case record.

DCF 58.12(12)(c) (c) When good cause is not found. When good cause is not found, the kinship care agency shall do all of the following:

DCF 58.12(12)(c)1. 1. Provide written notice to the relative caregiver.

DCF 58.12(12)(c)2. 2. Wait 45 days before taking further action. If after the 45 days, the relative caregiver still refuses to cooperate and has not excluded the affected child or withdrawn the application or requested that the case be closed, the kinship care agency shall deny the application for any affected child or close the case. If the application is denied or the case is closed for not cooperating in securing child support, the kinship care agency shall inform the relative caregiver, in writing, of the right to a hearing under s. DCF 58.11 (2). If a hearing is requested, the kinship care agency shall direct the child support agency not to proceed with any support enforcement action during the hearing process.

DCF 58.12(13) (13)  Review of good cause determinations.

DCF 58.12(13)(a) (a) Good cause determinations based on permanent circumstances need not be reviewed.

DCF 58.12(13)(b) (b) The kinship care agency shall review good cause determinations involving circumstances that are subject to change at each eligibility redetermination under s. DCF 58.10, or upon the receipt of new evidence.

DCF 58.12(13)(c) (c) When good cause is determined to no longer exist, the kinship care agency shall rescind its determination and immediately send written notification to the relative caregiver with the right to a hearing under s. DCF 58.11 (2), but may not notify the child support agency for 45 days from the date of the notification to allow the relative caregiver to do one of the following:

DCF 58.12(13)(c)1. 1. Cooperate.

DCF 58.12(13)(c)2. 2. Exclude any affected child from the case.

DCF 58.12(13)(c)3. 3. Request that the case be closed.

DCF 58.12(13)(c)4. 4. Request a hearing under s. DCF 58.11 (2).

DCF 58.12(13)(d) (d) When the 45-day period under par. (c) has expired and no action as specified in par. (c) has occurred, the kinship care agency shall do both of the following:

DCF 58.12(13)(d)1. 1. Deny the application for or close the case of any affected child.

DCF 58.12(13)(d)2. 2. Inform the relative caregiver of the right to a hearing under s. DCF 58.11 (2).

DCF 58.12 History History: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (5) (e) 4. made under s. 35.17, Stats., Register October 2020 No. 778; CR 21-107: am. (1) (a) Register June 2022 No. 798, eff. 7-1-22.