Wis. Admin. Code Department of Children and Families DCF 102.02

Current through November 25, 2024

Section DCF 102.02 - Definitions

In this chapter:

(1) "Child support agency" means a county or tribal office, officer, board, department, or agency designated by the county board or elected tribal council to administer the child support, spousal support, and establishment of paternity program on behalf of the department pursuant to s. 59.53(5), Stats., or a cooperative agreement with the department.

(2) "Custodial parent" has the meaning given in s. 49.141(1) (b), Stats.

Note: Section 49.141(1)(b), Stats., provides that "`Custodial parent' means, with respect to a dependent child, a parent who resides with that child and, if there has been a determination of legal custody with respect to the dependent child, has legal custody of that child. For the purposes of this paragraph, `legal custody' has the meaning given in s. 767.001(2)(a)."

(3) "Department" means the department of children and families.

(4) "Domestic abuse" means subjecting an individual or child to any of the following:

(a) Physical acts that result in pain, illness, or injury.

(b) Sexual abuse or sexual assault, including a caretaker relative of a dependent child, (such as a guardian, custodian, or parent) being forced to engage in nonconsensual sexual acts or any sexual activity involving a dependent child.

(c) Threats of, or attempts at, physical or sexual abuse.

(d) Emotional or mental abuse.

(e) Verbal abuse.

(f) Deprivation or destruction of physical or economic resources.

(g) Neglect or deprivation of medical care.

(h) Forced isolation.

(i) Stalking or harassment.

(5) "Genetic test" has the meaning given in s. 767.001(1m), Stats.

Note: Section 767.001(1m), Stats. provides that "`Genetic test' means a test that examines genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body material for the purpose of determining the statistical probability of an alleged father's paternity."

(6) "Good cause" means the criteria set forth in s. DCF 102.05, which permit a parent in a W-2 group to fail to cooperate, without sanction, 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 that parent may be responsible.

(7) "Mental health professional" means an individual with experience and training in the field of mental health, and includes, but is not limited to, a psychiatrist, a psychologist, and a social worker certified or licensed to provide psychotherapy.

(8) "Noncustodial parent" has the meaning given in s. 49.141(1) (h), Stats.

Note: Section 49.141(1) (h), Stats., provides that "`Noncustodial parent' means, with respect to a dependent child, a parent who is not the custodial parent."

(9) "Parent" has the meaning given in s. 49.141(1) (j), Stats.

Note: Section 49.141(1)(j), Stats., provides that "`Parent' means any of the following:

1. A biological parent.

2. A person who has consented to the artificial insemination of his wife under s. 891.40.

3. A parent by adoption.

4. A man adjudged in a judicial proceeding to be the biological father of a child if the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803

5. A man who has signed and filed with the state registrar under s. 69.15(3)(b)3 a statement acknowledging paternity."

(10) "Wisconsin works" or "W-2" has the meaning given in s. 49.141(1) (p), Stats.

Note: Section 49.141(1) (p), Stats. provides that "`Wisconsin works' means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161."

(11) "Wisconsin works agency" or "W-2 agency" means the following:

(a) For the purpose of the Wisconsin works program under ss. 49.141 to 49.161, Stats., excluding s. 49.155, Stats., a person, county agency, tribal governing body, or a private agency contracted under s. 49.143, Stats., by the department to administer the W-2 program.

(b) For the purpose of the child care subsidy program under s. 49.155, Stats., a child care administrative agency under ch. DCF 201.

(12) "Wisconsin works group" or "W-2 group" has the same meaning as the following:

(a) For the purpose of the Wisconsin works program under ss. 49.141 to 49.161, Stats., excluding s. 49.155, Stats., the meaning specified under s. 49.141(1) (s), Stats.

(b) For the purpose of the child care subsidy program under s. 49.155, Stats., the same meaning as "assistance group" under s. DCF 201.02.

Wis. Admin. Code Department of Children and Families DCF 102.02

CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02; corrections in (3), (6) and (11) made under s. 13.92(4) (b) 6 and 7., Stats., Register November 2008 No. 635.

Amended by, corrections in (9),(12) (Note) made under s. 13.92(4) (b) 7, Stats., Register April 2015 No. 712, eff.5/1/2015.

Amended by, CR 18-088: r. and recr. (11), (12) Register July 2019 No. 763, eff. 8/1/2019

Section 49.141(1) (s) provides that "`Wisconsin works group' means an individual who is a custodial parent, all dependent children with respect to whom the individual is a custodial parent and all dependent children with respect to whom the individual's dependent child is a custodial parent. `Wisconsin works group' includes any nonmarital coparent or any spouse of the individual who resides in the same household as the individual and any dependent children with respect to whom the spouse or nonmarital coparent is a custodial parent