The notary requirement is unnecessary and burdensome for applicants, participants, and W-2 agencies.
Summary of Related Federal Law
42 USC 608 specifies requirements and prohibitions for assistance funded by the Temporary Assistance for Needy Families block grant. Under 42 USC 608 (a) (2), if the child support agency determines that an individual is not cooperating with the State in establishing paternity or in establishing, modifying, or enforcing a support order with respect to a child of the individual, and the individual does not qualify for any good cause or other exception established by the State under 42 USC 654 (29), then the State-- (A) shall deduct from the assistance under the Temporary Assistance for Needy Families an amount equal to not less than 25 percent of the amount of such assistance; and
(B) may deny the family any assistance under the State program.
Under 42 USC 654 (a) (29), the child support agency determines whether an individual is cooperating with 42 USC 608 (a) (29), and the agency administering the assistance program determines whether the individual has good cause for noncooperation, taking into account the best interests of the child. Federal law does not require the use of a notary public when applying for good cause.
Comparison to Adjacent States
None of the adjacent states require the use of a notary public when applying for good cause.
Effect on Small Businesses
The proposed rule does not affect small businesses as defined in s. 227.114 (1), Stats. Analysis Used to Determine Effect on Small Businesses
The impact of the proposed rule is limited to child support agencies, Wisconsin Works agencies, and individuals participating in the Wisconsin Works program. No current Wisconsin Works agency is a small business as defined s. 227.114 (1), Stats. Agency Contact
Text of Rule
SECTION 1. DCF 102.06 (2) is amended to read:
DCF 102.06 (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 and shall sign the claim form in the presence of a notary public. 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. SECTION 2. EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Administrative Register, as provided in s. 227.22 (2) (intro.), Stats.
