Chapter DCF 102

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.

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) (5) Adequate reason.

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)1. 1. Personal or family illness or injury.

DCF 102.03(5)(a)2. 2. Family crisis.

DCF 102.03(5)(a)3. 3. Breakdown in transportation arrangements.

DCF 102.03(5)(a)4. 4. Inclement weather that causes a general breakdown in travel.

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 History History: 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 102.04 DCF 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.

DCF 102.04(2) (2) The notice shall include all of the following information:

DCF 102.04(2)(a) (a) The potential benefits the child may derive from establishing paternity and securing support.

DCF 102.04(2)(b) (b) Cooperation 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 is a condition of eligibility for the Wisconsin works program, ss. 49.141 to 49.161, Stats., unless the parent has good cause for failing to cooperate.

DCF 102.04(2)(c) (c) A failure to cooperate is allowed when the W-2 agency determines that one of the good cause criteria apply.

DCF 102.04(2)(d) (d) The good cause criteria in s. DCF 102.05.

DCF 102.04(2)(e) (e) A good cause claim form is available from the W-2 agency upon request. The good cause claim form provides additional details on the process for claiming good cause as an exception to the cooperation requirement.

DCF 102.04(2)(f) (f) The good cause claim form may be submitted to the W-2 agency at any time.

DCF 102.04(3) (3) At the child support agency’s initial meeting with the custodial parent, the agency shall ask the parent if a good cause notice has been received. If the custodial parent has not received a good cause notice, the child support agency shall provide one. A custodial parent who expresses intent to file a good cause claim shall be referred to the W-2 agency. If the custodial parent informs the child support agency of an intent to file a good cause claim, the child support agency shall cease further action for a minimum of 15 days to allow the custodial parent to file a good cause claim with the W-2 agency.

DCF 102.04 Note Note: A copy of the good cause notice may be obtained by contacting the Department of Children and Families, Division of Family and Economic Security, 201 E. Washington Avenue, P.O. Box 8916, Madison, WI 53708-8916.

DCF 102.04 History History: CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02; corrections in (1) and (2) (d) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DCF 102.05 DCF 102.05 Good cause criteria. A custodial or noncustodial parent is eligible for an exemption from the cooperation requirements in s. DCF 102.03 when the W-2 agency determines that any of the following criteria applies:

DCF 102.05(1) (1) Cooperation is reasonably anticipated to result in either physical or emotional harm to the child, including threats of domestic abuse or child kidnapping.

DCF 102.05(2) (2) Cooperation is reasonably anticipated to result in either physical or emotional harm to the parent, including domestic abuse.

DCF 102.05(3) (3) Cooperating with the child support agency would make it more difficult for the individual to escape domestic abuse or unfairly penalize the individual who is or has been victimized by such abuse, or the individual who is at risk of further domestic abuse.

DCF 102.05(4) (4) The child was conceived as a result of incest or sexual assault.

DCF 102.05(5) (5) The parent is considering whether to terminate parental rights and sought the assistance of a public or licensed private social services agency not more than 3 months ago.

DCF 102.05(6) (6) A petition for the adoption of the child has been filed with a court, except this does not apply as a good cause exemption from the responsibility to make payments under an existing court order.

DCF 102.05 History History: CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DCF 102.06 DCF 102.06 Good cause claim.

DCF 102.06(1) (1) Claim form. The W-2 agency shall provide a written good cause claim form to any applicant or participant of Wisconsin works on request. The claim form shall describe the good cause criteria and appropriate documentation to corroborate a good cause claim.

DCF 102.06(2) (2) Filing a claim. An applicant or participant may file a good cause claim with the W-2 agency at any time. The applicant or participant shall specify the circumstances that the applicant or participant believes provide sufficient good cause for not cooperating and shall indicate whether the applicant or participant requests that the child support agency proceed without his or her cooperation if good cause is granted, if that is possible. The applicant or participant shall swear or affirm under penalty of false swearing pursuant to s. 946.32, Stats., that the statements in the claim are true. Upon receipt of the good cause claim, the W-2 agency shall notify the child support agency within 2 days that no further action may be taken until it is determined whether good cause exists.

DCF 102.06(3) (3) Submitting corroborative evidence. The W-2 agency shall encourage the applicant or participant to submit as many types of corroborative evidence as possible. The W-2 agency worker shall advise the applicant or participant that if assistance is needed in obtaining evidence, the worker will assist him or her. The applicant or participant may submit corroborative evidence to the W-2 agency within 20 days from the date the claim was signed. A W-2 worker may, with supervisory approval, determine that more time is needed due to difficulty in obtaining corroborative evidence. If the good cause claim is based on domestic abuse and no corroborative evidence is currently available, the W-2 agency may permit the applicant or participant to submit evidence to the W-2 agency within 60 days from the date the claim was signed.

DCF 102.06(4) (4) Types of corroborative evidence. A good cause claim may be corroborated with any of the following types of evidence:

DCF 102.06(4)(a) (a) Court, medical, criminal, child protective services, social services, psychological, school, or law enforcement records regarding domestic abuse or physical or emotional harm to the parent or child.

DCF 102.06(4)(b) (b) Medical records or written statements from a mental health professional that pertain to the emotional health history, present emotional health status, or prognosis of the parent or child.

DCF 102.06(4)(c) (c) Birth certificates, medical records, or law enforcement records that indicate that the child may have been conceived as a result of incest or sexual assault.