Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 102 - Child Support Cooperation For W-2 › Section DCF 102.06 - Good cause claim

Current through June 24, 2024
(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.