Wis. Admin. Code Department of Children and Families DCF 102.06

Current through November 25, 2024
Section DCF 102.06 - Good cause claim
(1) CLAIM FORM. The W-2 agency shall provide a written good cause claim form to any applicant or participant of Wisconsin works on request. The claim form shall describe the good cause criteria and appropriate documentation to corroborate a good cause claim.
(2) FILING A CLAIM. An applicant or participant may file a good cause claim with the W-2 agency at any time. The applicant or participant shall specify the circumstances that the applicant or participant believes provide sufficient good cause for not cooperating and shall indicate whether the applicant or participant requests that the child support agency proceed without his or her cooperation if good cause is granted, if that is possible. The applicant or participant shall swear or affirm under penalty of false swearing pursuant to s. 946.32, Stats., that the statements in the claim are true. Upon receipt of the good cause claim, the W-2 agency shall notify the child support agency within 2 days that no further action may be taken until it is determined whether good cause exists.
(3) SUBMITTING CORROBORATIVE EVIDENCE. The W-2 agency shall encourage the applicant or participant to submit as many types of corroborative evidence as possible. The W-2 agency worker shall advise the applicant or participant that if assistance is needed in obtaining evidence, the worker will assist him or her. The applicant or participant may submit corroborative evidence to the W-2 agency within 20 days from the date the claim was signed. A W-2 worker may, with supervisory approval, determine that more time is needed due to difficulty in obtaining corroborative evidence. If the good cause claim is based on domestic abuse and no corroborative evidence is currently available, the W-2 agency may permit the applicant or participant to submit evidence to the W-2 agency within 60 days from the date the claim was signed.
(4) TYPES OF CORROBORATIVE EVIDENCE. A good cause claim may be corroborated with any of the following types of evidence:
(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.
(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.
(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.
(d) Court documents or other records that indicate that a petition for the adoption of the child has been filed with a court.
(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.
(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.
(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.
(h) Any other supporting or corroborative evidence.

Wis. Admin. Code Department of Children and Families DCF 102.06

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.
Amended by, CR 21-092: am. (2) Register July 2022 No. 799, eff. 8/1/2022.

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.