Wisconsin Administrative Code
Department of Children and Families
DCF 021-99 - Safety and Permanence
Chapter DCF 58 - Kinship Care And Long-Term Kinship Care
Section DCF 58.12 - Procedures for requesting an exemption for good cause to the requirement for cooperation in securing child support

Universal Citation: WI Admin Code ยง DCF 58.12

Current through August 26, 2024

(1) DEFINITIONS. In this section:

(a) "Emotional harm" means that the child or relative caregiver is emotionally impaired to an extent that substantially affects the child's or relative caregiver's functioning.

(b) "Serious nature" means:
1. In reference to a relative caregiver, that the physical or emotional impairment is or will affect the relative caregiver's capacity to care for the child.

2. In reference to a child, that the physical or emotional impairment is or will affect the child's emotional, mental, or physical functioning.

(2) RIGHT TO REQUEST GOOD CAUSE EXEMPTION. A relative caregiver may request a good cause exemption from the requirement under s. DCF 58.04 (2) (e) to cooperate with the kinship care agency in referring the child's parent or parents to the child support agency.

(3) CLAIMING GOOD CAUSE.

(a) Notice.
1. A kinship care agency shall notify the relative caregiver of the opportunity to claim a good cause exemption in the application for kinship care or long-term kinship care.

2. The notice shall describe the right to refuse to cooperate for good cause in securing child support and shall advise the relative caregiver of all of the following:
a. The potential benefits the child may derive from securing child support.

b. That cooperation in securing child support is a condition of eligibility for kinship care and long-term kinship care.

c. That good cause for refusing to cooperate may be claimed and if the kinship care agency finds that there is good cause, the relative caregiver will be excused from the cooperation requirement.

(b) Claim.
1. A relative caregiver may claim good cause in application form prescribed by the department under s. DCF 58.04 (1). The good cause information in the application shall describe the circumstances that support a good cause claim and how a claim should be documented.

2. The information on good cause in the application shall include that the kinship care agency directs the child support agency to proceed to attempt to secure child support without the participation of the relative caregiver.

3. The relative caregiver shall sign and date the good cause claim to initiate the claim.

4. Within 2 days after the date on which the relative caregiver signs the good cause claim under subd. 3., the kinship care agency shall notify the child support agency that the relative caregiver has filed a good cause claim and instruct the child support agency to either not initiate or to suspend activities to secure child support until the claim is determined.

(c) Burden on relative caregiver to establish good cause circumstances. A relative caregiver who refuses to cooperate in securing child support and who claims good cause for refusing to cooperate has the burden of establishing good cause, except as provided in subs. (5) (c) and (11) (a).

(4) GOOD CAUSE CIRCUMSTANCES. The kinship care agency shall determine whether requiring cooperation is contrary to the best interests of the child or the relative caregiver. An exemption may be granted only for one of the following reasons:

(a) The relative caregiver's cooperation can be reasonably anticipated to result in any of the following:
1. Physical harm of a serious nature to the child or to the relative caregiver.

2. Emotional harm of a serious nature to the child or the relative caregiver.

(b) One of the following circumstances exists and it can be reasonably anticipated that proceeding to secure child support would be detrimental to the child:
1. The child was conceived as the result of incest or sexual assault.

2. A petition for adoption of the child has been filed with a court.

3. The parent or parents are being assisted by a social services agency in deciding whether to terminate parental rights and the discussions have not gone on for more than 3 months.

(5) DETERMINATION OF GOOD CAUSE.

(a) Within 45 days from the date a claim is signed, the kinship care agency shall determine if there is good cause for a relative caregiver to refuse to cooperate in securing child support. The 45-day period may be extended by the kinship care agency upon written notice to the relative caregiver if the kinship care agency documents that additional time is needed for any of the following reasons:
1. Information needed to verify the claim cannot be obtained by the kinship care agency within 45 days.

2. Supporting evidence was not submitted by the relative caregiver within 20 days as required under sub. (10) (a).

(b) The kinship care agency's determination on whether good cause exists shall be reviewed and signed by a supervisor in the agency.

(c) If there is no evidence or verifiable information available which suggests otherwise, the kinship care agency shall conclude that a refusal to cooperate was a case of cooperation to the fullest extent possible.

(d) The kinship care agency shall place all of the following in the relative caregiver's case record:
1. The agency's final determination on the relative caregiver's good cause claim and the reasons for the determination.

2. All evidence submitted in support of the claim.

(e) Written notice of the final determination shall be given to the relative caregiver and to the child support agency. If the kinship care agency determines that good cause does not exist, the relative caregiver may, within 45 days from the date of the notification, do one of the following:
1. Withdraw the claim and cooperate.

2. Exclude any affected child from the application or case.

3. Withdraw the application or request that the case be closed.

4. Request a hearing under s. DCF 58.11 (2).

(f) A denial or termination of kinship care or long-term kinship care shall remain in effect until there is cooperation or until cooperation is no longer an issue.

(6) APPROVING OR CONTINUING PAYMENTS. If the relative caregiver is cooperating with the kinship care agency in furnishing evidence and information for a determination on good cause, the kinship care agency may not deny, delay, reduce, or discontinue a kinship care or long-term kinship care payment, pending the determination, provided that all other eligibility criteria are met.

(7) PARTICIPATION OF THE CHILD SUPPORT AGENCY.

(a) The kinship care agency shall allow the child support agency to review and comment on the findings of the kinship care agency and shall consider the child support agency's recommendations prior to the final determination on good cause by the kinship care agency.

(b) The child support agency may participate in any hearing resulting from a good cause determination.

(c) The final decision on good cause shall be made by the kinship care agency.

(8) EVIDENCE. An initial good cause claim shall be based on evidence in existence at the time of the claim. There is no limitation on the age of the evidence. Once a final decision, including any hearing, is made on the claim, any subsequent claim shall have new evidence as its basis. Any of the following types of evidence may be used in determining good cause:

(a) Birth certificates or medical or law enforcement records that indicate that the child may have been conceived as a result of incest or sexual assault.

(b) Court documents or other records that indicate that a petition for the adoption of the child has been filed with a court.

(c) Court, medical, criminal, child protective services, social services, psychological, school or law enforcement records that indicate that a parent might inflict physical or emotional harm on the child or on the relative caregiver.

(d) Medical records indicating the emotional health history and present emotional health status of the relative caregiver or the child, or a written statement from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the relative caregiver or the child.

(e) A written statement from a public or private social services agency that the parent is being assisted by that agency to determine whether or not to terminate parental rights.

(f) Sworn statements from persons other than the parent or the relative caregiver with knowledge of the circumstance on which the good cause claim is based.

(g) Any other supporting or corroborative evidence.

(9) SPECIAL REQUIREMENTS FOR PROOF OF GOOD CAUSE.

(a) Emotional harm. If a good cause claim is based on emotional harm to the relative caregiver or to the child, the kinship care agency shall consider all of the following:
1. Present emotional state of the person subject to emotional harm.

2. Emotional health history of the person subject to emotional harm.

3. Intensity and probable duration of the emotional harm.

4. Degree of cooperation to be required.

5. Extent of involvement of the child or the relative caregiver in the establishment of the support enforcement activity to be undertaken.

(b) Physical harm. If a good cause claim is based on anticipated physical harm and no evidence is submitted, the kinship care agency shall conduct an investigation.

(c) Incest or sexual assault. If a good cause claim is based on the relative caregiver's statement that the child was conceived as a result of incest or sexual assault, but this is not documented, the claim may be reviewed as one based on emotional harm.

(10) GENERAL REQUIREMENTS FOR PROOF OF GOOD CAUSE.

(a) The relative caregiver who claims good cause shall provide supporting evidence within 20 days from the day the claim is signed. The kinship care agency worker may, with supervisory approval, determine that more time is necessary because of difficulty in obtaining certain evidence.

(b) There shall be at least one document of evidence, in addition to any sworn statements from the relative caregiver, for proof of good cause. The relative caregiver shall be encouraged to provide as many types of evidence as possible. The kinship care agency shall offer assistance in obtaining necessary evidence.

(c) When sufficient evidence to substantiate a good cause claim has not been submitted, the kinship care agency shall do all of the following:
1. Notify the relative caregiver that additional evidence is required and specify that evidence.

2. Advise the relative caregiver on how to obtain the evidence.

3. Make a reasonable effort to obtain specific documents that are not reasonably attainable by the relative caregiver without assistance.

(d) If after having been notified that additional evidence is required, the relative caregiver continues to refuse to cooperate or the evidence obtained does not establish good cause, the kinship care agency shall then notify the relative caregiver that if no further action is taken within 45 days from the date of the notification, good cause will not be found and that the relative caregiver may do any of the following:
1. Withdraw the claim and cooperate.

2. Exclude affected children from the application or case.

3. Withdraw the application or request that the case be closed.

4. Request a hearing under s. DCF 58.11(2).

(e) If the 45-day period under par. (d) has expired and no action as specified in par. (d) has occurred, the kinship care agency shall deny the application for, or close the case of, any affected child.

(11) INVESTIGATION OF GOOD CAUSE CLAIM.

(a) The kinship care agency shall conduct an investigation of any good cause claim based on anticipated physical harm, both when the claim is credible without supporting evidence and when supporting evidence is not available. Good cause shall be found when both the relative caregiver's statement and the investigation satisfy the kinship care agency that the relative caregiver has good cause.

(b) The kinship care agency may also investigate any good cause claim when the relative caregiver's statement, together with the corroborative evidence, does not provide a sufficient basis for a determination.

(c) Neither the kinship care agency nor the child support agency shall, in the course of any investigation, contact the parent from whom support would be sought without first notifying the relative caregiver in writing of the intention to do so. The relative caregiver may, within 45-days from the date of the notification, do any of the following:
1. Present additional supporting or corroborative evidence or information so that contact with the parent is unnecessary.

2. Exclude an affected child from the application or case.

3. Withdraw the application or request that the case be closed.

4. Request a hearing under s. DCF 58.11 (2).

(d) When the 45-day period under par. (c) has expired and no action as specified in par. (c) has occurred, the kinship care agency shall deny the application for, or close the case of, any affected child.

(12) NOTICE OF GOOD CAUSE FINDING.

(a) Notice to the child support agency. The kinship care agency shall notify the child support agency in writing of the final determination whether good cause is found or is not found and, if found, whether or not the child support agency should proceed to secure child support without participation of the relative caregiver.

(b) When good cause is found. When good cause is found, the kinship care agency shall do one of the following, as appropriate:
1. Direct the child support agency to suspend all further case activities if it is determined that the child support agency's action, even without participation of the relative caregiver, can be reasonably anticipated to result in physical or emotional harm to the child or the relative caregiver.

2.
a. Advise the child support agency to proceed without the participation of the relative caregiver if the child support agency's action can reasonably be anticipated to not result in physical or emotional harm to the child or the relative caregiver.

b. The kinship care agency shall notify the relative caregiver immediately of its intended recommendation to the child support agency under subd. 2. a., but shall delay notice to the child support agency for 45 days from the date on which the kinship care agency gave notice to the relative caregiver to allow the relative caregiver time to exclude any affected child from the application or case, to withdraw the application or request that the case be closed, or to request a hearing.

c. The kinship care agency's recommendation under subd. 2. a. to the child support agency shall be in writing and shall contain the kinship care agency's findings and the basis for its determination. A copy of the written recommendation shall be included in the relative caregiver's case record.

(c) When good cause is not found. When good cause is not found, the kinship care agency shall do all of the following:
1. Provide written notice to the relative caregiver.

2. Wait 45 days before taking further action. If after the 45 days, the relative caregiver still refuses to cooperate and has not excluded the affected child or withdrawn the application or requested that the case be closed, the kinship care agency shall deny the application for any affected child or close the case. If the application is denied or the case is closed for not cooperating in securing child support, the kinship care agency shall inform the relative caregiver, in writing, of the right to a hearing under s. DCF 58.11 (2). If a hearing is requested, the kinship care agency shall direct the child support agency not to proceed with any support enforcement action during the hearing process.

(13) REVIEW OF GOOD CAUSE DETERMINATIONS.

(a) Good cause determinations based on permanent circumstances need not be reviewed.

(b) The kinship care agency shall review good cause determinations involving circumstances that are subject to change at each eligibility redetermination under s. DCF 58.10, or upon the receipt of new evidence.

(c) When good cause is determined to no longer exist, the kinship care agency shall rescind its determination and immediately send written notification to the relative caregiver with the right to a hearing under s. DCF 58.11 (2), but may not notify the child support agency for 45 days from the date of the notification to allow the relative caregiver to do one of the following:
1. Cooperate.

2. Exclude any affected child from the case.

3. Request that the case be closed.

4. Request a hearing under s. DCF 58.11 (2).

(d) When the 45-day period under par. (c) has expired and no action as specified in par. (c) has occurred, the kinship care agency shall do both of the following:
1. Deny the application for or close the case of any affected child.

2. Inform the relative caregiver of the right to a hearing under s. DCF 58.11(2).

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