• The parent is being assisted by a public or licensed private social services agency in deciding whether to terminate parental rights and discussions have not gone on for more than 3 months.
• A petition for the adoption of the child has been filed with a court, except this does not a apply as a good cause exemption from the responsibility to make payments under an existing court order.
A W-2 agency shall provide a written good cause claim form to any W-2 applicant or participant on request. The claim form shall describe the good cause criteria and appropriate documentation to corroborate a good cause 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. 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. The applicant or participant may submit corroborative evidence to the W-2 agency within 20 days from the day the claim was made. 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 made.
If an individual is cooperating with the W-2 agency in furnishing evidence and information to be used in determining the good cause claim and other eligibility criteria are met, Wisconsin Works shall not be denied, delayed, reduced, or discontinued pending the determination of a good cause claim.
The W-2 agency shall require an applicant or participant who claims a good cause exemption to submit at least one document of corroborative evidence in addition to the applicant or participant's statement. The W-2 agency may investigate any good cause claim when the applicant or participant's statement and corroborative evidence does not provide sufficient basis for determination. The W-2 agency may contact the child support agency in the course of the investigation, but may not contact the individual alleged to have committed acts that are the basis of good cause claim based on domestic abuse, physical or emotional harm, or incest or sexual assault.
The child support agency shall be given the opportunity to review and comment on the findings of the W-2 agency prior to the final determination on good cause in all good cause claims. The W-2 agency shall determine if good cause exists within 45 days from the date the claim was signed, unless an extension to submit evidence was granted to the applicant or participant or more time is necessary for the W-2 agency to obtain evidence. If the W-2 agency allowed up to 60 days to submit evidence for a claim of domestic abuse, the agency must determine if good cause exists within 85 days from the date the claim was signed.
If the W-2 agency determines that the applicant or participant does not have good cause for failing to cooperate with efforts directed at establishing paternity and obtaining support payments, the W-2 agency shall notify the child support agency that it may proceed with child support services and require the cooperation of the applicant or participant. The W-2 agency shall promptly notify the applicant or participant of the determination and the right to a review of the agency decision. The child support agency shall not proceed with child support services for 10 days from the date of the notice to the applicant or participant to allow the individual the opportunity to withdraw the application, request the case be closed, or request a review of the agency decision.
If the W-2 agency determines that the applicant or participant does have good cause for failing to cooperate with efforts directed at establishing paternity and obtaining support payments, the W-2 agency shall direct the child support agency to suspend all further case activities if the applicant or participant did not request the child support agency to proceed without his or her cooperation. The W-2 agency shall notify the child support agency that it may proceed with child support services without the cooperation of the applicant or participant if the applicant or participant did request that the child support agency proceed without his or her cooperation. If good cause was granted for criteria in s.
DWD 15.05 (1) to
(4), the child support agency shall send a notice to the individual alleged to have committed the acts that are the basis of the good cause claim that states that the agency is proceeding without the cooperation of the applicant or participant. The W-2 agency shall promptly notify the applicant or participant of the determination and the basis for the determination in writing.
A Wisconsin Works group that includes an applicant or participant who fails to cooperate with the child support agency without good cause is ineligible to receive Wisconsin Works until cooperation with the child support agency occurs. An individual who is a member of a W-2 group that fails 3 times to meet the cooperation requirements without good cause remains ineligible until all of the members of the W-2 group cooperate or for a period of 6 months, whichever is later. A custodial parent with a child under 60 days old is exempt from sanction for refusing to cooperate with requirements for that child.
A Wisconsin Works applicant or participant who is denied a good cause exemption from the requirement of cooperation with the child support agency or who disputes any decision by the W-2 agency may petition the W-2 agency for a review of the agency decision. A Wisconsin works applicant or participant who is denied eligibility based on a noncooperation determination by a child support agency may petition the child support agency for review of the agency decision. The procedures of s.
DWD 12.22 apply to the review, except that the applicant or participant may submit a request for review to the child support agency, the child support agency will conduct the fact-finding procedure, and the applicant or participant or a representative may appear for the fact-finding via telephone conference if the child support agency is in a different county than the applicant or participant's current residence. The child support agency shall be given reasonable notice and may participate in any fact-finding or hearing resulting from a good cause investigation or good cause determination.
The W-2 agency shall review good cause exemptions that are based on circumstances subject to change at each redetermination of eligibility or upon new evidence. Good cause determinations based on permanent circumstances need not be reviewed. If the W-2 agency determines that good cause for noncooperation no longer exists, the parent shall be allowed 10 days before cooperation requirements are imposed to request that the case be closed or request an agency review.
Initial Regulatory Flexibility Analysis
Privately-run W-2 agencies will be affected by the rule change, but the rule will not have a significant economic impact because there is no material change from current procedures.
Fiscal Impact
The proposed rule has no significant fiscal effect.
Contact Information
A paper copy may be obtained at no charge by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
201 E. Washington Avenue
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written Comments
Written comments on the proposed rules received at the above address no later than May 3, 2002, will be given the same consideration as testimony presented at the hearing.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.124 (1g) and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider ch.
DWD 19, relating to child support cooperation for food stamps.
Hearing Information
May 1, 2002 GEF 1 Building, Room B103
Wednesday 201 E. Washington Avenue
1:00 p.m. Madison
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Department of Workforce Development
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 allows states to require food stamp recipients to cooperate with child support services as a condition of food stamp eligibility and to disqualify individuals who are in arrears in court-ordered child support payments. Wisconsin adopted these federal options in
1997 Wis. Act 27. The federal Food and Nutrition Service announced the final rule affecting states who chose to adopt these options in the Federal Register on January 17, 2001, with a mandatory implementation date of October 1, 2001.
This proposed rule specifies the cooperation requirements and good cause exemptions for custodial parents or other individuals who live with and exercise parental control over a child who is under the age of 18 and who has an absent parent, noncustodial parents, and alleged fathers under the food stamp program in Wisconsin. A custodial parent or other individual who lives with and exercises parental control over a child who is under 18 years old and who has an absent parent must cooperate with efforts directed at identifying and locating the absent parent of the child, establishing paternity of a nonmarital child, establishing or enforcing a support order, and obtaining other payments or property to which that custodial parent, individual who exercises parental control, or child may have rights. An alleged father or a noncustodial mother must cooperate with efforts directed at establishing the paternity of the child. A noncustodial parent must cooperate with efforts directed at providing or obtaining support for the child. If an individual is receiving W-2 or Medicaid and has already been determined to be cooperating with the child support agency or has been determined to have good cause for not cooperating, then the income maintenance agency will determine the individual to be cooperating with these requirements for food stamp purposes.
Acts of cooperation for an alleged father, noncustodial parent, and a custodial parent or other individual who lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent include providing verbal information, written information, or other evidence known to, possessed by, or reasonably obtainable by the individual subject to the cooperation requirements and appearing at hearings or other legal proceedings. In addition to these requirements, acts of cooperation for a custodial parent or other individual who lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent include attending interviews and responding to written requests for information by the child support agency, paying court-ordered child support received directly from the noncustodial parent to the department or its designee, and providing information or signing an affidavit declaring a lack of information, subject to penalty of false swearing pursuant to s.
946.32, Stats.
Acts of cooperation for a custodial parent also include attending genetic tests pursuant to judicial or administrative order. Acts of cooperation for an alleged father include attending genetic tests pursuant to judicial order, and acts of cooperation for a noncustodial parent include paying court-ordered child support to the department or its designee pursuant to s.
767.29, Stats.
Acts of cooperation do not include involuntary participation in a polygraph, a requirement to sign a voluntary statement of paternity, relinquishment of the right to request a genetic test, or a requirement to sign a stipulation for a child support order.
The child support agency determines if an individual is not cooperating with child support services. The child support agency may determine that a custodial parent or other individual who lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent is not cooperating if, without adequate reason, the individual misses two consecutive agency appointments, misses one agency appointment and fails to respond to a written communication from the agency within a 90-day period, or fails to appear for a hearing or other legal proceeding. In addition, the child support agency may determine that a custodial parent is not cooperating if the individual fails to appear for a genetic test. Adequate reason for failure to comply with these requirements includes personal or family illness or injury; family crisis; breakdown in transportation arrangements; inclement weather that causes a general breakdown in travel; demonstrable mail problem that could result in the failure to receive a hearing notice, appointment notice, or written request for information; or other reasonable circumstances as determined by the child support agency.
The child support agency may determine that a noncustodial parent or alleged father is not cooperating if the noncustodial parent or alleged father is the subject of a warrant relating to paternity or support, including 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. The child support agency may determine that a noncustodial parent is not cooperating if the individual is the subject of a criminal warrant for failure to support pursuant to s.
948.22, Stats.
The child support agency may also determine that a noncustodial parent is not cooperating if the noncustodial parent fails to pay court-ordered child support so that the delinquency balance is three months or more of the court-ordered payment amount unless the court or child support agency is allowing the parent to delay payments or the parent is in compliance with a payment plan approved by the child support agency. Under federal law, a parent who is obligated by court order to provide child support payments and is delinquent in that month is ineligible for food stamps unless a court or child support agency is allowing the individual to delay the child support payments or the individual is complying with a payment plan approved by a child support agency.
7 CFR 273.11(q)(2)(iii) allows states the option to determine that an individual has good cause for nonsupport. Under this rule and s.
49.124 (1g) (e) 1., Stats., a delinquency that equals less than 3 months of the court-ordered support payments will be automatically deemed good cause for nonsupport. This rule also adopts the federal option to limit arrears disqualification to noncustodial parents.
An individual who wants to restore cooperative status after being determined noncooperative must demonstrate cooperation by performing the action required for the child support agency or court to proceed with the case. 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.
The income maintenance agency shall issue a written notice describing the cooperation requirements and the right to good cause as an exception to the cooperation requirements to all applicants and recipients of food stamps. The notice shall be provided to applicants when they apply for food stamps and to recipients when a child is added to the food stamp household, at reapplication for continued benefits, and if a recipient discloses to his or her income maintenance worker that the recipient is experiencing circumstances that may meet the good cause criteria.
A custodial parent or other individual who lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent, noncustodial parent, or alleged father may request a good cause exemption from the cooperation requirements when it is in the best interest of the child. Good cause for failure to cooperate exists when the income maintenance agency determines that any of the following criteria applies:
• Cooperation is reasonably anticipated to result in either physical or emotional harm to the child, including threats of illegal child kidnapping or domestic abuse.
• Cooperation is reasonably anticipated to result in either physical or emotional harm to the parent, including domestic abuse.
• Cooperating with the child support agency would make it more difficult for the individual to escape domestic abuse or unfairly penalize the individual who is or has been victimized by such abuse, or the individual who is at risk of further domestic abuse.
• The child was conceived as a result of incest or sexual assault.
• The parent is being assisted by a public or licensed private social services agency in deciding whether to terminate parental rights and discussions have not gone on for more than 3 months.
• A petition for the adoption of the child has been filed with a court, except this does not apply as a good cause exemption from the responsibility to make payments under an existing court order.
• A noncustodial parent's delinquency equaled less than 3 months of the court-ordered support payments during the previous month.
• Any other good cause criteria used in the Wisconsin works program.
An income maintenance agency shall provide a written good cause claim form to any food stamp applicant or recipient on request. The claim form shall describe the good cause criteria and appropriate documentation to corroborate a good cause claim. An applicant or recipient may file a good cause claim with the income maintenance agency at any time. The applicant or recipient shall specify the circumstances that the applicant or recipient believes provide sufficient good cause for not cooperating and shall indicate whether the applicant or recipient requests that the child support agency proceed without his or her cooperation if good cause is granted, if that is possible. Upon receipt of the good cause claim, the income maintenance 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. The applicant or recipient may submit corroborative evidence to the income maintenance agency within 20 days from the day the claim was made. If the good cause claim is based on domestic abuse and no corroborative evidence is currently available, the income maintenance agency may permit the applicant or participant to submit evidence to the income maintenance agency within 60 days from the date the claim was made.
If an individual is cooperating with the income maintenance agency in furnishing evidence and information to be used in determining the good cause claim and other eligibility criteria are met, food stamps shall not be denied, delayed, reduced, or discontinued pending the determination of a good cause claim.
The income maintenance agency shall require an applicant or recipient who claims a good cause exemption to submit at least one document of corroborative evidence in addition to the applicant or recipient's statement. The income maintenance agency may investigate any good cause claim when the applicant or recipient's statement and corroborative evidence does not provide sufficient basis for determination. The income maintenance agency may contact the child support agency in the course of the investigation, but may not contact the individual alleged to have committed acts that are the basis of good cause claim based on domestic abuse, physical or emotional harm, or incest or sexual assault.
The child support agency shall be given the opportunity to review and comment on the findings of the income maintenance agency prior to the final determination on good cause by the income maintenance agency in all good cause claims. The income maintenance agency shall determine if good cause exists within 45 days from the date the claim was signed, unless an extension to submit evidence was granted to the applicant or recipient or more time is necessary for the income maintenance agency to obtain evidence. If the income maintenance agency allowed up to 60 days to submit evidence for a claim of domestic abuse, the agency must determine if good cause exists within 85 days from the date the claim was signed.
If the income maintenance agency determines that the applicant or recipient does not have good cause for failing to cooperate with efforts directed at establishing paternity, establishing or enforcing a support order, obtaining other payments or property to which an individual or child may have rights, and providing or obtaining support for the child, the income maintenance agency shall notify the child support agency that it may proceed with child support services and require the cooperation of the applicant or recipient. The income maintenance agency shall promptly notify the applicant or recipient of the determination and the right to a review of the agency decision. The child support agency shall not proceed with child support services for 10 days from the date of the notice to the applicant or recipient to allow the individual the opportunity to withdraw the application or request the case be closed, exclude allowable individuals from the food stamp household, or request a review of the agency decision.
If the income maintenance agency determines that the applicant or recipient does have good cause for failing to cooperate with efforts directed at establishing paternity, establishing or enforcing a support order, obtaining other payments or property to which an individual or child may have rights, and providing or obtaining support for the child, the income maintenance agency shall direct the child support agency to suspend all further case activities if the applicant or recipient did not request the child support agency to proceed without his or her cooperation. The income maintenance agency shall notify the child support agency that it may proceed with child support services without the cooperation of the applicant or recipient if the applicant or recipient did request that the child support agency proceed without his or her cooperation. The income maintenance agency shall promptly notify the applicant or recipient of the determination and the basis for the determination in writing. If good cause was granted for criteria in s.
DWD 19.05 (1) to
(4), the child support agency shall send a notice to the individual alleged to have committed acts that are the basis of the good cause claim that states that the agency is proceeding without the cooperation of the applicant or recipient.
A member of a food stamp household who is required to cooperate with efforts directed at establishing paternity, establishing or enforcing a support order, obtaining other payments or property to which an individual or child may have rights, or providing or obtaining support for the child and refuses to cooperate without good cause shall be ineligible to participate in the food stamp program. Other individuals in that food stamp household who are cooperating or who do not have cooperation requirements are eligible to receive food stamps. A woman who is pregnant or a custodial parent with a child who is under 60 days old is exempt from sanction for failing to cooperate with requirements for any child. A minor parent is exempt from sanction for failing to comply with the cooperation requirements.
A food stamp applicant or recipient who is denied eligibility based on a determination that the individual has refused to cooperate or is denied a good cause exemption from the child support cooperation requirement may request a departmental review. A food stamp applicant or recipient who is denied eligibility based on a determination of noncooperation by the child support agency is encouraged, but not required, to file an administrative complaint with the child support agency to attempt to resolve the matter upon agreement of all parties. The child support agency shall be given reasonable notice and may participate in any hearing resulting from a good cause investigation or good cause determination.
The income maintenance agency shall review good cause exemptions that are based on circumstances subject to change at each redetermination of eligibility or upon new evidence. Good cause determinations based on permanent circumstances need not be reviewed. If the income maintenance agency determines that good cause for noncooperation no longer exists, the recipient shall be allowed 10 days before cooperation requirements are imposed to request that the case be closed, exclude allowable individuals from the food stamp household, or request a review of the agency decision.
Initial Regulatory Flexibility Analysis
The proposed rule does not affect small business as defined in s.
227.114, Stats.
Fiscal Impact
The proposed rule has no significant fiscal effect.
Contact Information
A paper copy may be obtained at no charge by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
201 E. Washington Avenue
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written Comments
Written comments on the proposed rules received at the above address no later than May 3, 2002, will be given the same consideration as testimony presented at the hearing.
