311.17 Good Cause for Noncooperation SR 06-12, 10/06 (FAM-A)

The parent/caretaker relative may claim good cause for refusing to cooperate with child support requirements. See FAM 311.19, Good Cause: Acceptable Reasons. If the recipient provides evidence for good cause and the Division of Family Assistance (DFA) 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 Form 725, Application for Child Support Services; Form 726, Grandparent Information; Form 754B, Good Cause Claim; and, if claiming family/domestic violence, Form 754C, TANF FVO Request), 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. TANF financial 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 applicant for TANF/UP financial assistance:

• provide the client with Forms 725/726, 754A, and 754B;

• if the applicant chooses not to make a good cause claim for non-cooperation with child support, complete Form 754B and continue with the TANF/UP eligibility interview;

• if the applicant chooses to make a good cause claim for non-cooperation, complete Form 754B and ask for the required verification. If the applicant claims good cause due to family/domestic violence, they must also complete Form 754C (see FAM 133, LENGTH OF ELIGIBILITY, for verification requirements); and

• Attach Forms 725/726, 754B, and the specified documentation from Form 754B and 754C, if applicable, to Form 780, Good Cause Decision Sheet, and send to the Division of Child Support Services (DCSS) for their review and comments.

DCSS has 5 days to review Form 780 and offer comments. When Form 780 is returned to DFA from DCSS, and the final decision has been made by the DFA supervisor, prepare and send Form 781, Good Cause Claim/FVO Decision, to the client to advise them in writing of the decision made on their good cause claim. Although DCSS may provide comments on good cause decisions, the DFA supervisor makes all final decisions.

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

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