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(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 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(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)(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.
DCF 102.09
DCF 102.09 Sanction for failure to cooperate. DCF 102.09(1)(1)
A Wisconsin works group that includes an applicant or participant who fails to cooperate with the child support agency without good cause is ineligible to receive Wisconsin works until cooperation with the child support agency occurs.
DCF 102.09(2)
(2) An individual who is a member of a W-2 group that fails 3 times to meet the cooperation requirements in s.
DCF 102.03 without good cause remains ineligible until all of the members of the W-2 group cooperate or for a period of 6 months, whichever is later.
DCF 102.09(3)
(3) A custodial parent with a child under 60 days old is exempt from sanction for refusing to cooperate with requirements in s.
DCF 102.03 for that child.
DCF 102.09 History
History: CR 02-039: cr.
Register August 2002 No. 560, eff. 9-1-02; corrections in (2) and (3) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635.
DCF 102.10(1)(1)
Review of good cause determinations or other w-2 agency decisions. A Wisconsin works applicant or participant who is denied a good cause exemption from the requirement of cooperation with the child support agency or who disputes any decision by the W-2 agency may petition the Wisconsin works agency for a review of the agency decision pursuant to s.
49.152, Stats.
DCF 102.10(2)
(2)
Review of noncooperation determinations. Noncooperation determinations shall be reviewed by the child support agency. An individual who has been determined noncooperative by a child support agency may petition the child support agency for review of the agency decision. The procedures of s.
49.152, Stats., apply to the review, except that the applicant or participant may submit a request for review to the child support agency, the child support agency will conduct the fact-finding procedure, and the applicant or participant or a representative may appear for the fact-finding via telephone conference if the child support agency is in a different county than the applicant's or participant's current residence.
DCF 102.10(3)
(3)
Participation of the child support agency. The child support agency shall be given reasonable notice and may participate in any fact-finding or hearing resulting from a good cause investigation or good cause determination.
DCF 102.10(5)
(5)
Hearing for child care. Notwithstanding subs.
(1) and
(2),
an applicant or a participant in the child care subsidy program under s.
49.155, Stats., that receives a notice of eligibility denial or termination for failure to cooperate with the child support agency without good cause may request a fair hearing under s.
DCF 201.065 and ch.
HA 3.
DCF 102.10 History
History: CR 02-039: cr.
Register August 2002 No. 560, eff. 9-1-02; corrections in (1), (2) and (4) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
CR 18-088: r. and recr. (title), r. (4), cr. (5)
Register July 2019 No. 763, eff. 8-1-19;
correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register July 2022. DCF 102.11
DCF 102.11 Review of good cause exemptions. The W-2 agency shall review good cause exemptions that are based on circumstances subject to change at each redetermination of eligibility or upon new evidence. Good cause determinations based on permanent circumstances need not be reviewed. If the W-2 agency determines that good cause for noncooperation no longer exists, the parent shall be allowed 10 days before cooperation requirements are imposed to request that the case be closed or request an agency review.
DCF 102.11 History
History: CR 02-039: cr.
Register August 2002 No. 560, eff. 9-1-02.
