311.17 Good Cause for Non-Cooperation (FAM)

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The parent/caretaker relative may claim good cause for refusing to cooperate with child support requirements. See Section 311.19, Good Cause: Acceptable Reasons.

If the recipient provides evidence for good cause and the Bureau of Family Assistance (BFA) Supervisor approves good cause, do all of the following:

·         waive the cooperation requirement;

·         remove the sanction penalty for non-cooperation, if applied; and

·         suspend support activity against the absent parent involved in the claim. However, good cause must be claimed separately for each absent parent.

Until individuals provide the documentation required to prove good cause, (including DCSS Form 725, Application for Child Support Services; BFA Form 754B, Good Cause Claim for Non-Cooperation with Child Support; and, if claiming family/domestic violence, BFA Form 754C, Request for Family/Domestic Violence Option), and a good cause determination is made, continue to follow the applicable sanction penalties, unless the individual is filing good cause in anticipation of a future non-cooperation.

FANF assistance, pending a good cause decision, may not be denied, delayed, or terminated if the individual has provided the required documentation.

Do the following with each FANF applicant:

·         provide the applicant with DCSS Form 725 and BFA Forms 754A and 754B;

·         if the applicant chooses not to make a good cause claim for non-cooperation with child support, the FANF applicant must complete a separate BFA Form 754B for each non-custodial parent, if more than one. When the BFA Form 754Bs are completed, scan them and continue with the eligibility interview;

·         if the applicant chooses to make a good cause claim for non-cooperation, the FANF applicant must complete a separate BFA Form 754B for each non-custodial parent, if more than one, and provide the required verification. If the applicant claims good cause due to family/domestic violence, they must also complete BFA Form 754C (see PART 323, FAMILY/DOMESTIC VIOLENCE OPTIONS (FVO), for verification requirements); and

·         scan DCSS Form 725, BFA Form 754B, and the specified documentation from BFA Form 754B, and BFA Form 754C, if applicable, into the applicant’s electronic case file.

When the final good cause decision has been made by the BFA Supervisor, prepare and scan BFA Form 780, Good Cause Decision Sheet, into the electronic case file. Then prepare, scan, and send BFA Form 781, Good Cause Claim/FVO Decision, to the client to advise them in writing of the decision made on their good cause claim.

Good cause for non-cooperation with child support may be claimed at any time. Provide BFA Form 754A to current recipients during the paternity investigations by the Child Support Officer or whenever requested by the individual.

See Section 311.25, Good Cause: Verification, for verification requirements for good cause claims.

References: He-W 601.04; He-W 606.31; He-W 627.04; He-W 636.09; RSA 161:4-a,V; RSA 161-B:1-4; RSA 161-C:22; RSA 167:79,III(c) & VI(a); RSA 167:82,III(a)-(b); RSA 167:83,II(l) & IV; 45 CFR 232.40-.43; 42 USC 608(a)(3)