Chapter DCF 102

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.

DCF 102.06(4)(d) (d) Court documents or other records that indicate that a petition for the adoption of the child has been filed with a court.

DCF 102.06(4)(e) (e) A written statement from a public or private social services agency that the parent is being assisted by the agency in deciding whether to terminate parental rights.

DCF 102.06(4)(f) (f) Written and signed statements from others with knowledge of the circumstances on which the good cause claim is based, including, but not limited to, statements from neighbors, friends, family, or clergy.

DCF 102.06(4)(g) (g) An identification by the screening process under s. DCF 101.15 as an individual or parent of a child who is or has been a victim of domestic abuse or is at risk of further domestic abuse and the alleged perpetrator is the other parent.

DCF 102.06(4)(h) (h) Any other supporting or corroborative evidence.

DCF 102.06 Note Note: A copy of the good cause claim form 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 102.06 History History: CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02; correction in (4) (g) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-092: am. (2) Register July 2022 No. 799, eff. 8-1-22.

DCF 102.07 DCF 102.07 Approving or continuing benefits. If an individual is cooperating with the W-2 agency in furnishing evidence and information to be used in determining the good cause claim and other eligibility criteria are met, Wisconsin works benefits shall not be denied, delayed, reduced, or discontinued pending the determination of a good cause claim.

DCF 102.07 History History: CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02.

DCF 102.08 DCF 102.08 Good cause determination.

DCF 102.08(1) (1) Evaluating a good cause claim.

DCF 102.08(1)(a) (a) The W-2 agency shall require an applicant or participant who requests a good cause exemption to submit at least one document of corroborative evidence and the applicant’s or participant’s statement specifying the circumstances that the applicant or participant believes provide sufficient good cause for not cooperating. If an applicant or participant does not submit sufficient evidence to substantiate the good cause claim, the W-2 agency shall notify the individual that additional evidence is required and shall outline the types of evidence that may be used as provided in s. DCF 102.06 (4). The W-2 agency shall make a reasonable effort to obtain specific documents or information that the individual is having difficulty obtaining.

DCF 102.08(1)(b) (b) The W-2 agency shall investigate any good cause claim based on anticipated harm, including when the claim is credible without corroborative evidence and when corroborative evidence is not available. Good cause shall be found when the applicant’s or participant’s statement and the investigation satisfy the W-2 agency that good cause exists.

DCF 102.08(1)(c) (c) The W-2 agency may investigate any good cause claim when the applicant’s or participant’s statement and corroborative evidence do not provide sufficient information to make a determination. The applicant or participant shall cooperate with the investigation by the W-2 agency.

DCF 102.08(1)(d) (d) In the course of any investigation under par. (b) or (c), the W-2 agency may contact the child support agency, but may not contact the individual alleged to have committed acts that are the basis of a good cause claim based on criteria in s. DCF 102.05 (1) to (4).

DCF 102.08(2) (2) Recommendation of the child support agency. The child support agency shall be given the opportunity to review and comment on the findings of the W-2 agency prior to the final determination on good cause by the W-2 agency. The W-2 agency shall consider any recommendations from the child support agency.

DCF 102.08(3) (3) Determination deadline. The W-2 agency shall determine if good cause exists within 45 days from the date the claim was signed, unless an extension to submit evidence was granted to the applicant or participant who is claiming good cause or more time is necessary for the W-2 agency to obtain evidence. If the W-2 agency allowed up to 60 days to submit evidence for a claim of domestic abuse, the agency shall determine if good cause exists within 85 days from the date the claim was signed.

DCF 102.08(4) (4) If good cause does not exist.

DCF 102.08(4)(a) (a) If the W-2 agency determines that the applicant or participant does not have good cause for failing to cooperate with efforts directed at establishing paternity and obtaining support payments, the W-2 agency shall notify the child support agency that it may proceed with child support services and require the cooperation of the applicant or participant.

DCF 102.08(4)(b) (b) The W-2 agency shall promptly notify the applicant or participant of the determination and the right to a review of the agency decision under s. DCF 102.10.

DCF 102.08(4)(c) (c) The child support agency may not proceed with child support services for 10 days from the date of the notice to the applicant or participant to allow the individual the opportunity to withdraw the application, request the case be closed, or request a review of the agency decision pursuant to s. DCF 102.10.

DCF 102.08(4)(d) (d) If the applicant or participant requests a review of the agency decision, the W-2 agency shall instruct the child support agency to suspend child support services during the review process.

DCF 102.08(5) (5) If good cause does exist. If the W-2 agency determines that the applicant or participant does have good cause for failing to cooperate with efforts directed at establishing paternity and obtaining support payments, the W-2 agency shall:

DCF 102.08(5)(a) (a) Direct the child support agency to suspend all further case activities if the applicant or participant did not request the child support agency to proceed without his or her cooperation.

DCF 102.08(5)(b) (b) Notify the child support agency that it may proceed with child support services without the cooperation of the applicant or participant if the applicant or participant did request that the child support agency proceed without his or her cooperation. If good cause is granted for criteria in s. DCF 102.05 (1) to (4), the child support agency shall send a notice to the individual alleged to have caused harm that states that the agency is proceeding without the cooperation of the applicant or participant.

DCF 102.08(5)(c) (c) Promptly notify the applicant or participant of the determination and the basis for the determination in writing.

DCF 102.08 History History: CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02; corrections in (1) (a), (d), (4) (b), (c) and (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.