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 NoteNote: 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 HistoryHistory: 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 102.07DCF 102.07Approving 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 HistoryHistory: CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02.
DCF 102.08DCF 102.08Good 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.