The cooperation shall be in accordance with federal law and regulations and rules promulgated by the department applicable to paternity establishment and collection of support payments and may not be required if the parent has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.
Section 227.11 (2) (a) (intro.), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency. 4. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
50 hours
5. List with description of all entities that may be affected by the rule
Wisconsin Works agencies, applicants, and participants.
6. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule
42 USC 608 specifies requirements and prohibitions for assistance funded by the Temporary Assistance for Needy Families block grant. Under 42 USC 608 (a) (2), if the child support agency determines that an individual is not cooperating with the State in establishing paternity or in establishing, modifying, or enforcing a support order with respect to a child of the individual, and the individual does not qualify for any good cause or other exception established by the State under 42 USC 654 (29), then the State-- (A) shall deduct from the assistance under the Temporary Assistance for Needy Families an amount equal to not less than 25 percent of the amount of such assistance; and
(B) may deny the family any assistance under the State program.
Under 42 USC 654 (a) (29), the child support agency determines whether an individual is cooperating with 42 USC 608 (a) (29), and the agency administering the assistance program determines whether the individual has good cause for noncooperation, taking into account the best interests of the child. Federal regulation does not require the use of a notary when applying for good cause.
7. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
None or minimal
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