DCF 102.11 Review of good cause exemptions. DCF 102.01DCF 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 102.02DCF 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 NoteNote: 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)(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)(f)(f) Deprivation or destruction of physical or economic resources. DCF 102.02 NoteNote: 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 NoteNote: 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 NoteNote: Section 49.141 (1)(j), Stats., provides that “‘Parent’ means any of the following: DCF 102.02 Note1. A biological parent.
DCF 102.02 Note2. A person who has consented to the artificial insemination of his wife under s. 891.40. DCF 102.02 Note3. A parent by adoption.
DCF 102.02 Note4. 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 Note5. 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 NoteNote: 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(12)(12) “Wisconsin works group” or “W-2 group” has the same meaning as the following: DCF 102.02 HistoryHistory: 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 102.03DCF 102.03 Cooperation as a condition of eligibility. 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)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)2.2. Obtaining any support payments or any other payments or property for which that parent may be responsible. 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)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)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)(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)2.2. Misses one agency appointment and fails to respond to a written communication from the agency within a 90-day period. DCF 102.03(4)(a)3.3. Fails to appear for a hearing, other legal proceeding, or genetic test. DCF 102.03(4)(b)(b) Noncustodial parent. The child support agency may determine that a noncustodial parent is not cooperating if the noncustodial parent is the subject of a warrant relating to paternity or support, including a criminal warrant for failure to support pursuant to s. 948.22, Stats., a civil warrant for contempt of court pursuant to ch. 785, Stats., or an arrest warrant pursuant to s. 818.02 (5) or (6), Stats., excluding a warrant issued for failure to effect service of process. DCF 102.03(5)(a)(a) Adequate reason for a custodial parent’s failure to respond to a written communication or failure to attend an appointment, genetic test, or hearing or other legal proceeding includes any of the following: DCF 102.03(5)(a)5.5. Failure to receive a hearing notice, appointment notice, or written request for information due to a demonstrable mail problem, address change, or extended time away from home. DCF 102.03(5)(a)6.6. Other reasonable circumstances as determined by the child support agency or the department. DCF 102.03(5)(b)(b) The child support agency may request evidence verifying adequate reason if there are repeated instances of failure to respond based on reasons in par. (a). DCF 102.03(6)(6) Affidavit attesting to full cooperation. If a custodial parent has signed an affidavit attesting to full cooperation and there is no substantial independent evidence or verifiable information that suggests that the custodial parent is not cooperating, the child support agency shall conclude that an alleged failure to cooperate was, in fact, a case of cooperation. DCF 102.03(7)(7) Noncooperation notification. If a child support agency makes a determination of noncooperation under sub. (4), the child support agency shall promptly notify the individual and the W-2 agency of its decision and the basis for the decision. The notice to the individual shall be in writing. The W-2 agency shall apply sanctions pursuant to s. DCF 102.09 upon receipt of the noncooperation notification from the child support agency. DCF 102.03(8)(8) Remedying noncooperation. An individual who wants to restore cooperative status after being determined noncooperative shall demonstrate cooperation by performing the act of cooperation in sub. (2) that the individual failed to perform and that became the basis of the noncooperation finding. The child support agency shall provide the individual who has been found noncooperative with the opportunity to resume cooperation within 30 days of contacting the child support agency to express an intent to cooperate. When a rescheduled court hearing cannot occur within 30 days, the child support agency shall either lift the noncooperation determination upon contact from the individual or make it possible for the individual to perform some other required activity within 30 days of the contact. DCF 102.03 HistoryHistory: CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02; corrections in (3) (c) and (7) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. DCF 102.04DCF 102.04 Cooperation and good cause notice. DCF 102.04(1)(1) The W-2 agency shall provide a written notice describing the cooperation requirement and the right to good cause as an exception to the cooperation requirement to all applicants and participants of Wisconsin works. The notice shall be provided to applicants when they apply for W-2 and to participants when a child is added to the W-2 group, when a parent leaves the W-2 group, at reapplication for continued benefits, and if a participant discloses to his or her W-2 financial and employment planner that the participant is experiencing circumstances that may meet the good cause criteria in s. DCF 102.05.
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Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
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