Chapter DCF 102

Chapter DCF 102

CHILD SUPPORT COOPERATION FOR W-2

DCF 102.01   Authority and purpose.

DCF 102.02   Definitions.

DCF 102.03   Cooperation as a condition of eligibility.

DCF 102.04   Cooperation and good cause notice.

DCF 102.05   Good cause criteria.

DCF 102.06   Good cause claim.

DCF 102.07   Approving or continuing benefits.

DCF 102.08   Good cause determination.

DCF 102.09   Sanction for failure to cooperate.

DCF 102.10   Reviews and hearings.

DCF 102.11   Review of good cause exemptions.

Ch. DCF 102 Note Note: Chapter DWD 15 as it existed on August 31, 2002 was repealed and a new Ch. DWD 15 was created, eff. 9-1-02, Register August 2002 No. 560, eff. 9-1-02. Chapter DWD 15 was renumbered to chapter DCF 102 under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635.

DCF 102.01 DCF 102.01 Authority and purpose. This chapter is adopted pursuant to ss. 49.145 (2) (f) and 49.155 (1m) (b) 1., Stats., for the purpose of administering the requirement that each parent in a Wisconsin works group cooperate with efforts directed at establishing paternity and obtaining support payments or any other payments or property to which that parent and any minor child of that parent may have rights or for which that parent may be responsible, unless the parent has good cause for failing to cooperate.

DCF 102.01 History History: CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02; CR 18-088: am. Register July 2019 No. 763, eff. 8-1-19.

DCF 102.02 DCF 102.02 Definitions. In this chapter:

DCF 102.02(1) (1) “Child support agency” means a county or tribal office, officer, board, department, or agency designated by the county board or elected tribal council to administer the child support, spousal support, and establishment of paternity program on behalf of the department pursuant to s. 59.53 (5), Stats., or a cooperative agreement with the department.

DCF 102.02(2) (2) “Custodial parent” has the meaning given in s. 49.141 (1) (b), Stats.

DCF 102.02 Note Note: Section 49.141 (1)(b), Stats., provides that “‘Custodial parent’ means, with respect to a dependent child, a parent who resides with that child and, if there has been a determination of legal custody with respect to the dependent child, has legal custody of that child. For the purposes of this paragraph, ‘legal custody’ has the meaning given in s. 767.001 (2)(a).”

DCF 102.02(3) (3) “Department” means the department of children and families.

DCF 102.02(4) (4) “Domestic abuse” means subjecting an individual or child to any of the following:

DCF 102.02(4)(a) (a) Physical acts that result in pain, illness, or injury.

DCF 102.02(4)(b) (b) Sexual abuse or sexual assault, including a caretaker relative of a dependent child, (such as a guardian, custodian, or parent) being forced to engage in nonconsensual sexual acts or any sexual activity involving a dependent child.

DCF 102.02(4)(c) (c) Threats of, or attempts at, physical or sexual abuse.

DCF 102.02(4)(d) (d) Emotional or mental abuse.

DCF 102.02(4)(e) (e) Verbal abuse.

DCF 102.02(4)(f) (f) Deprivation or destruction of physical or economic resources.

DCF 102.02(4)(g) (g) Neglect or deprivation of medical care.

DCF 102.02(4)(h) (h) Forced isolation.

DCF 102.02(4)(i) (i) Stalking or harassment.

DCF 102.02(5) (5) “Genetic test” has the meaning given in s. 767.001 (1m), Stats.

DCF 102.02 Note Note: Section 767.001 (1m), Stats. provides that “‘Genetic test’ means a test that examines genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body material for the purpose of determining the statistical probability of an alleged father’s paternity.”

DCF 102.02(6) (6) “Good cause” means the criteria set forth in s. DCF 102.05, which permit a parent in a W-2 group to fail to cooperate, without sanction, with efforts directed at establishing paternity and obtaining support payments or any other payments or property to which that parent and any minor child of that parent may have rights or for which that parent may be responsible.

DCF 102.02(7) (7) “Mental health professional” means an individual with experience and training in the field of mental health, and includes, but is not limited to, a psychiatrist, a psychologist, and a social worker certified or licensed to provide psychotherapy.

DCF 102.02(8) (8) “Noncustodial parent” has the meaning given in s. 49.141 (1) (h), Stats.

DCF 102.02 Note Note: Section 49.141 (1) (h), Stats., provides that “‘Noncustodial parent’ means, with respect to a dependent child, a parent who is not the custodial parent.”

DCF 102.02(9) (9) “Parent” has the meaning given in s. 49.141 (1) (j), Stats.

DCF 102.02 Note Note: Section 49.141 (1)(j), Stats., provides that “‘Parent’ means any of the following:

DCF 102.02 Note 1. A biological parent.

DCF 102.02 Note 2. A person who has consented to the artificial insemination of his wife under s. 891.40.

DCF 102.02 Note 3. A parent by adoption.

DCF 102.02 Note 4. A man adjudged in a judicial proceeding to be the biological father of a child if the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803

DCF 102.02 Note 5. A man who has signed and filed with the state registrar under s. 69.15 (3)(b)3. a statement acknowledging paternity.”

DCF 102.02(10) (10) “Wisconsin works” or “W-2” has the meaning given in s. 49.141 (1) (p), Stats.

DCF 102.02 Note Note: Section 49.141 (1) (p), Stats. provides that “‘Wisconsin works’ means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161.”

DCF 102.02(11) (11) “Wisconsin works agency” or “W-2 agency” means the following:

DCF 102.02(11)(a) (a) For the purpose of the Wisconsin works program under ss. 49.141 to 49.161, Stats., excluding s. 49.155, Stats., a person, county agency, tribal governing body, or a private agency contracted under s. 49.143, Stats., by the department to administer the W-2 program.

DCF 102.02(11)(b) (b) For the purpose of the child care subsidy program under s. 49.155, Stats., a child care administrative agency under ch. DCF 201.

DCF 102.02(12) (12) “Wisconsin works group” or “W-2 group” has the same meaning as the following:

DCF 102.02(12)(a) (a) For the purpose of the Wisconsin works program under ss. 49.141 to 49.161, Stats., excluding s. 49.155, Stats., the meaning specified under s. 49.141 (1) (s), Stats.

DCF 102.02(12)(b) (b) For the purpose of the child care subsidy program under s. 49.155, Stats., the same meaning as “assistance group” under s. DCF 201.02.

DCF 102.02 History History: CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02; corrections in (3), (6) and (11) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; CR 18-088: r. and recr. (11), (12) Register July 2019 No. 763, eff. 8-1-19.

DCF 102.03 DCF 102.03 Cooperation as a condition of eligibility.

DCF 102.03(1) (1) Cooperation requirements.

DCF 102.03(1)(a) (a) Custodial parent. Unless the W-2 agency determines that a good cause exemption applies, each custodial parent who is a member of a Wisconsin works group shall cooperate in good faith with efforts directed at all of the following for any minor child of that parent:

DCF 102.03(1)(a)1. 1. Identifying and locating an absent parent.

DCF 102.03(1)(a)2. 2. Establishing the paternity of any child of the custodial parent.

DCF 102.03(1)(a)3. 3. Obtaining any support payments or any other payments or property to which that parent and any minor child of that parent may have rights.

DCF 102.03(1)(b) (b) Noncustodial parent. Unless the W-2 agency determines that a good cause exemption applies, each noncustodial parent who is a member of a Wisconsin works group shall cooperate in good faith with efforts directed at all of the following for any minor child of that parent:

DCF 102.03(1)(b)1. 1. Establishing the paternity of an alleged child of that parent.

DCF 102.03(1)(b)2. 2. Obtaining any support payments or any other payments or property for which that parent may be responsible.

DCF 102.03(2) (2) Acts of cooperation.

DCF 102.03(2)(a) (a) Custodial parent. Acts of cooperation for a custodial parent include any action that is relevant to achieve the purposes in sub. (1) (a) including all of the following:

DCF 102.03(2)(a)1. 1. Providing verbal information, written information, or other evidence that the custodial parent knows, possesses, or might reasonably obtain or signing an affidavit declaring a lack of information, subject to penalty of false swearing pursuant to s. 946.32, Stats.

DCF 102.03(2)(a)2. 2. Attending interviews and responding to written requests for information by the child support agency.

DCF 102.03(2)(a)3. 3. Appearing as a witness at hearings or other legal proceedings.

DCF 102.03(2)(a)4. 4. Submitting to genetic tests pursuant to judicial or administrative order.

DCF 102.03(2)(a)5. 5. Paying to the department or its designee any court-ordered child support payments received directly from the absent parent after an assignment under s. 49.145 (2) (s), Stats., has been made.

DCF 102.03(2)(b) (b) Noncustodial parent. Acts of cooperation for a noncustodial parent include any action that is relevant to achieve the purposes in sub. (1) (b) including the following:

DCF 102.03(2)(b)1. 1. Providing verbal information, written information, or other evidence that the noncustodial parent knows, possesses, or might reasonably obtain.

DCF 102.03(2)(b)2. 2. Appearing at hearings or other legal proceedings.

DCF 102.03(2)(b)3. 3. Submitting to genetic tests pursuant to judicial order.

DCF 102.03(2)(b)4. 4. Paying court-ordered child support to the department or its designee.

DCF 102.03(3) (3) Exclusions. Acts of cooperation for custodial and noncustodial parents do not include the following:

DCF 102.03(3)(a) (a) Involuntary participation in a polygraph examination. The results of a voluntary polygraph examination may be used only to impeach or substantiate other evidence and may not serve as conclusive evidence.

DCF 102.03(3)(b) (b) A requirement to sign a voluntary statement of paternity under s. 69.15, Stats.

DCF 102.03(3)(c) (c) Relinquishment of the right to request a genetic test under s. 49.225, 767.805, 767.84, or 767.863, Stats.

DCF 102.03(3)(d) (d) A requirement to sign a stipulation for a child support, physical placement, or custody order.

DCF 102.03(4) (4) Noncooperation. The child support agency shall determine whether a parent is not cooperating with efforts directed at establishing paternity and obtaining support payments or any other payments or property to which that parent and any minor child of that parent may have rights or for which the parent may be responsible as follows:

DCF 102.03(4)(a) (a) Custodial parent. The child support agency may determine that a custodial parent is not cooperating if the custodial parent does any of the following without adequate reason:

DCF 102.03(4)(a)1. 1. Misses two consecutive agency appointments.