DCF 58.12(3)(b)3. 3. The relative caregiver shall sign and date the good cause claim to initiate the claim.

DCF 58.12(3)(b)4. 4. Within 2 days after the date on which the relative caregiver signs the good cause claim under subd. 3., the kinship care agency shall notify the child support agency that the relative caregiver has filed a good cause claim and instruct the child support agency to either not initiate or to suspend activities to secure child support until the claim is determined.

DCF 58.12(3)(c) (c) Burden on relative caregiver to establish good cause circumstances. A relative caregiver who refuses to cooperate in securing child support and who claims good cause for refusing to cooperate has the burden of establishing good cause, except as provided in subs. (5) (c) and (11) (a).

DCF 58.12(4) (4) Good cause circumstances. The kinship care agency shall determine whether requiring cooperation is contrary to the best interests of the child or the relative caregiver. An exemption may be granted only for one of the following reasons:

DCF 58.12(4)(a) (a) The relative caregiver’s cooperation can be reasonably anticipated to result in any of the following:

DCF 58.12(4)(a)1. 1. Physical harm of a serious nature to the child or to the relative caregiver.

DCF 58.12(4)(a)2. 2. Emotional harm of a serious nature to the child or the relative caregiver.

DCF 58.12(4)(b) (b) One of the following circumstances exists and it can be reasonably anticipated that proceeding to secure child support would be detrimental to the child:

DCF 58.12(4)(b)1. 1. The child was conceived as the result of incest or sexual assault.

DCF 58.12(4)(b)2. 2. A petition for adoption of the child has been filed with a court.

DCF 58.12(4)(b)3. 3. The parent or parents are being assisted by a social services agency in deciding whether to terminate parental rights and the discussions have not gone on for more than 3 months.

DCF 58.12(5) (5)  Determination of good cause.

DCF 58.12(5)(a) (a) Within 45 days from the date a claim is signed, the kinship care agency shall determine if there is good cause for a relative caregiver to refuse to cooperate in securing child support. The 45-day period may be extended by the kinship care agency upon written notice to the relative caregiver if the kinship care agency documents that additional time is needed for any of the following reasons:

DCF 58.12(5)(a)1. 1. Information needed to verify the claim cannot be obtained by the kinship care agency within 45 days.

DCF 58.12(5)(a)2. 2. Supporting evidence was not submitted by the relative caregiver within 20 days as required under sub. (10) (a).

DCF 58.12(5)(b) (b) The kinship care agency’s determination on whether good cause exists shall be reviewed and signed by a supervisor in the agency.

DCF 58.12(5)(c) (c) If there is no evidence or verifiable information available which suggests otherwise, the kinship care agency shall conclude that a refusal to cooperate was a case of cooperation to the fullest extent possible.

DCF 58.12(5)(d) (d) The kinship care agency shall place all of the following in the relative caregiver’s case record:

DCF 58.12(5)(d)1. 1. The agency’s final determination on the relative caregiver’s good cause claim and the reasons for the determination.

DCF 58.12(5)(d)2. 2. All evidence submitted in support of the claim.

DCF 58.12(5)(e) (e) Written notice of the final determination shall be given to the relative caregiver and to the child support agency. If the kinship care agency determines that good cause does not exist, the relative caregiver may, within 45 days from the date of the notification, do one of the following:

DCF 58.12(5)(e)1. 1. Withdraw the claim and cooperate.

DCF 58.12(5)(e)2. 2. Exclude any affected child from the application or case.

DCF 58.12(5)(e)3. 3. Withdraw the application or request that the case be closed.

DCF 58.12(5)(e)4. 4. Request a hearing under s. DCF 58.11 (2).

DCF 58.12(5)(f) (f) A denial or termination of kinship care or long-term kinship care shall remain in effect until there is cooperation or until cooperation is no longer an issue.

DCF 58.12(6) (6)  Approving or continuing payments. If the relative caregiver is cooperating with the kinship care agency in furnishing evidence and information for a determination on good cause, the kinship care agency may not deny, delay, reduce, or discontinue a kinship care or long-term kinship care payment, pending the determination, provided that all other eligibility criteria are met.

DCF 58.12(7) (7)  Participation of the child support agency.

DCF 58.12(7)(a) (a) The kinship care agency shall allow the child support agency to review and comment on the findings of the kinship care agency and shall consider the child support agency’s recommendations prior to the final determination on good cause by the kinship care agency.