311.19 Good Cause: Acceptable Reasons SR 94-04, 04/94 (FAM-A) |
Good cause for refusal to cooperate exists in the following instances:
• when efforts to establish paternity or secure support are against the best interests of the child and could result in:
- physical or emotional harm to the child, or
- physical or emotional harm to the parent/caretaker relative sufficient to reduce the capacity of that person to care for the child adequately,
• when the child was conceived as a result of incest or forcible rape,
• when proceedings for adoption of the child are pending in a court,
• when a social service agency—either public or licensed private—is helping the parent/caretaker relative decide whether to relinquish the child for adoption, but only when the discussions have been going on for less than 3 months.
To qualify as good cause, the threat of physical or emotional harm must be of a serious nature. Consider the following:
• the probability that the individual’s cooperation could lead to physical or emotional harm to the child or parent/caretaker relative.
• the true cause-effect relationship between the individual’s cooperation and any subsequent threat of physical or emotional harm.
• the current emotional condition of the child or parent/caretaker relative subject to emotional harm, and the emotional health history of that individual.
• the probable duration and intensity of emotional impairment.
• the degree of involvement required of the parent/caretaker relative and the child necessary to establish paternity.
• the extent of support enforcement activity to be undertaken on the child’s or parent/caretaker relative’s behalf.