311.25 Good Cause: Verification (FAM) |
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Individuals claiming good cause for refusing to cooperate with child support requirements must submit documentation to verify the claim. Accept any document that reasonably establishes good cause. Upon request, the Bureau of Family Assistance (BFA) worker or Bureau of Child Support Services (BCSS) worker will assist individuals in obtaining documents if the individual is unable to do so. Verification may be based solely on documentation or on documentation and investigation.
The following acceptable good cause reasons for non-cooperation with child support require any of the specified documentation to verify the claim:
Physical Harm — Any of the following: Court, medical, criminal, child protective services, social services, psychological, or law enforcement records, or sworn statements from the client or child and investigation, if documentation is unobtainable.
Emotional Harm — Any of the following: A written statement from a mental health professional, medical records of emotional health history and present emotional health status, other records that confirm an existing emotional condition that would be aggravated by cooperation with child support requirements and would substantially affect the client’s ability to function.
Child is the Result of Incest or Rape — Any of the following: Birth, medical, or law enforcement records.
Adoption is Pending — Any of the following: Court, adoption, or other legal records.
Decision on Relinquishing Child is Pending — Written statement from adoption worker or adoption agency.
Family/Domestic Violence — See PART 323, FAMILY/DOMESTIC VIOLENCE OPTIONS (FVO), for the acceptable documentation.
Sworn statements by people other than family members, by themselves, are not acceptable documentation, but require additional documentation or investigation. If documentation is not available, investigate to establish whether the individual is credible; require the individual to provide more information. If further investigation is necessary to decide a good cause claim, the BFA worker or BCSS worker may request additional information. However, the BFA supervisor must determine it essential before communicating with the absent parent or alleged father.
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)