Chapter DCF 102

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.

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 DCF 102.10 Reviews and hearings.

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.