Section DCF 102.03 - Cooperation as a condition of eligibility(1) COOPERATION REQUIREMENTS.(a)Custodial parent. Unless the W-2 agency determines that a good cause exemption applies, each custodial parent who is a member of a Wisconsin works group shall cooperate in good faith with efforts directed at all of the following for any minor child of that parent: 1. Identifying and locating an absent parent.2. Establishing the paternity of any child of the custodial parent.3. Obtaining any support payments or any other payments or property to which that parent and any minor child of that parent may have rights.(b)Noncustodial parent. Unless the W-2 agency determines that a good cause exemption applies, each noncustodial parent who is a member of a Wisconsin works group shall cooperate in good faith with efforts directed at all of the following for any minor child of that parent: 1. Establishing the paternity of an alleged child of that parent.2. Obtaining any support payments or any other payments or property for which that parent may be responsible.(2) ACTS OF COOPERATION. (a)Custodial parent. Acts of cooperation for a custodial parent include any action that is relevant to achieve the purposes in sub. (1) (a) including all of the following: 1. Providing verbal information, written information, or other evidence that the custodial parent knows, possesses, or might reasonably obtain or signing an affidavit declaring a lack of information, subject to penalty of false swearing pursuant to s. 946.32, Stats.2. Attending interviews and responding to written requests for information by the child support agency.3. Appearing as a witness at hearings or other legal proceedings.4. Submitting to genetic tests pursuant to judicial or administrative order.5. Paying to the department or its designee any court-ordered child support payments received directly from the absent parent after an assignment under s. 49.145(2) (s), Stats., has been made.(b)Noncustodial parent. Acts of cooperation for a noncustodial parent include any action that is relevant to achieve the purposes in sub. (1) (b) including the following: 1. Providing verbal information, written information, or other evidence that the noncustodial parent knows, possesses, or might reasonably obtain.2. Appearing at hearings or other legal proceedings.3. Submitting to genetic tests pursuant to judicial order.4. Paying court-ordered child support to the department or its designee.(3) EXCLUSIONS. Acts of cooperation for custodial and noncustodial parents do not include the following: (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.(b) A requirement to sign a voluntary statement of paternity under s. 69.15, Stats.(c) Relinquishment of the right to request a genetic test under s. 49.225, 767.805, 767.84, or 767.863, Stats.(d) A requirement to sign a stipulation for a child support, physical placement, or custody order.(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: (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: 1. Misses two consecutive agency appointments.2. Misses one agency appointment and fails to respond to a written communication from the agency within a 90-day period.3. Fails to appear for a hearing, other legal proceeding, or genetic test.(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.(5) ADEQUATE REASON. (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: 1. Personal or family illness or injury.3. Breakdown in transportation arrangements.4. Inclement weather that causes a general breakdown in travel.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.6. Other reasonable circumstances as determined by the child support agency or the department.(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). (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.(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.(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.Wis. Admin. Code Department of Children and Families DCF 102.03
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.