Wisconsin Legislature: 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.

Note: Chapter DWD 15 as it existed on August 31, 2002 was repealed and a new Ch.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 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.

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 Definitions. In this chapter:

(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.

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

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).”

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

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

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

(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.

(d) Emotional or mental abuse.

(e) Verbal abuse.

(f) Deprivation or destruction of physical or economic resources.

(g) Neglect or deprivation of medical care.

(h) Forced isolation.

(i) Stalking or harassment.

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

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.”

(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.

(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.

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

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.”

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

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

1. A biological parent.

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

3. A parent by adoption.

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

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

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

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.”

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

(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.

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

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

(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.

(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.

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 Cooperation as a condition of eligibility.

(1) Cooperation requirements.

(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:

1. Identifying and locating an absent parent.

2. Establishing the paternity of any child of the custodial parent.

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.