DCF 102.03(2)(b)3.3. Submitting to genetic tests pursuant to judicial order.
DCF 102.03(2)(b)4.4. Paying court-ordered child support to the department or its designee.
DCF 102.03(3)(3)Exclusions. Acts of cooperation for custodial and noncustodial parents do not include the following:
DCF 102.03(3)(a)(a) Involuntary participation in a polygraph examination. The results of a voluntary polygraph examination may be used only to impeach or substantiate other evidence and may not serve as conclusive evidence.
DCF 102.03(3)(b)(b) A requirement to sign a voluntary statement of paternity under s. 69.15, Stats.
DCF 102.03(3)(c)(c) Relinquishment of the right to request a genetic test under s. 49.225, 767.805, 767.84, or 767.863, Stats.
DCF 102.03(3)(d)(d) A requirement to sign a stipulation for a child support, physical placement, or custody order.
DCF 102.03(4)(4)Noncooperation. The child support agency shall determine whether a parent is not cooperating 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 the parent may be responsible as follows:
DCF 102.03(4)(a)(a) Custodial parent. The child support agency may determine that a custodial parent is not cooperating if the custodial parent does any of the following without adequate reason:
DCF 102.03(4)(a)1.1. Misses two consecutive agency appointments.
DCF 102.03(4)(a)2.2. Misses one agency appointment and fails to respond to a written communication from the agency within a 90-day period.
DCF 102.03(4)(a)3.3. Fails to appear for a hearing, other legal proceeding, or genetic test.
DCF 102.03(4)(b)(b) Noncustodial parent. The child support agency may determine that a noncustodial parent is not cooperating if the noncustodial parent is the subject of a warrant relating to paternity or support, including a criminal warrant for failure to support pursuant to s. 948.22, Stats., a civil warrant for contempt of court pursuant to ch. 785, Stats., or an arrest warrant pursuant to s. 818.02 (5) or (6), Stats., excluding a warrant issued for failure to effect service of process.
DCF 102.03(5)(5)Adequate reason.
DCF 102.03(5)(a)(a) Adequate reason for a custodial parent’s failure to respond to a written communication or failure to attend an appointment, genetic test, or hearing or other legal proceeding includes any of the following:
DCF 102.03(5)(a)1.1. Personal or family illness or injury.
DCF 102.03(5)(a)2.2. Family crisis.
DCF 102.03(5)(a)3.3. Breakdown in transportation arrangements.
DCF 102.03(5)(a)4.4. Inclement weather that causes a general breakdown in travel.
DCF 102.03(5)(a)5.5. Failure to receive a hearing notice, appointment notice, or written request for information due to a demonstrable mail problem, address change, or extended time away from home.
DCF 102.03(5)(a)6.6. Other reasonable circumstances as determined by the child support agency or the department.
DCF 102.03(5)(b)(b) The child support agency may request evidence verifying adequate reason if there are repeated instances of failure to respond based on reasons in par. (a).
DCF 102.03(6)(6)Affidavit attesting to full cooperation. If a custodial parent has signed an affidavit attesting to full cooperation and there is no substantial independent evidence or verifiable information that suggests that the custodial parent is not cooperating, the child support agency shall conclude that an alleged failure to cooperate was, in fact, a case of cooperation.
DCF 102.03(7)(7)Noncooperation notification. If a child support agency makes a determination of noncooperation under sub. (4), the child support agency shall promptly notify the individual and the W-2 agency of its decision and the basis for the decision. The notice to the individual shall be in writing. The W-2 agency shall apply sanctions pursuant to s. DCF 102.09 upon receipt of the noncooperation notification from the child support agency.
DCF 102.03(8)(8)Remedying noncooperation. An individual who wants to restore cooperative status after being determined noncooperative shall demonstrate cooperation by performing the act of cooperation in sub. (2) that the individual failed to perform and that became the basis of the noncooperation finding. The child support agency shall provide the individual who has been found noncooperative with the opportunity to resume cooperation within 30 days of contacting the child support agency to express an intent to cooperate. When a rescheduled court hearing cannot occur within 30 days, the child support agency shall either lift the noncooperation determination upon contact from the individual or make it possible for the individual to perform some other required activity within 30 days of the contact.
DCF 102.03 HistoryHistory: CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02; corrections in (3) (c) and (7) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DCF 102.04DCF 102.04Cooperation and good cause notice.
DCF 102.04(1)(1)The W-2 agency shall provide a written notice describing the cooperation requirement and the right to good cause as an exception to the cooperation requirement to all applicants and participants of Wisconsin works. The notice shall be provided to applicants when they apply for W-2 and to participants when a child is added to the W-2 group, when a parent leaves the W-2 group, at reapplication for continued benefits, and if a participant discloses to his or her W-2 financial and employment planner that the participant is experiencing circumstances that may meet the good cause criteria in s. DCF 102.05.
DCF 102.04(2)(2)The notice shall include all of the following information: