SR 18-29 Dated 02/18

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION – Division of Family Assistance (DFA)

 

FROM OFFICE OF THE DIRECTOR, DFA:

Kerry Nelson for Terry Smith

DFA SIGNATURE DATE:

January 22, 2018

AT (OFFICE):

Division of Family Assistance (DFA)

TO:

District Office Supervisors

SUBJECT:

Update to Policies Regarding Child Support Cooperation Requirements  

EFFECTIVE DATE:

February 26, 2018

 

SUMMARY

 

This SR releases updates to TANF policies concerning child support cooperation requirements. FAM 311.13 and 311.15 were revised accordingly.

 

EXISTING POLICY

NEW POLICY

Parents, whether in the cash Assistance Group (AG) or not, or caretaker relatives included in the cash AG must cooperate with efforts to obtain support, identify liable relatives, and establish the paternity of a child for whom assistance is requested.  

 

Exception: Caretaker relatives not included in the cash AG do not have to comply with the cooperation requirements.

Parents, whether in the cash Assistance Group (AG) or not, or caretaker relatives included in the cash AG must cooperate with efforts to obtain child support, identify liable relatives, and establish the paternity of a child for whom assistance is requested.  Caretaker relatives must comply with child support requirements unless they can provide a good cause reason for non-cooperation. Parents or caretaker relatives included in the cash AG who fail to cooperate with DCSS are subject to sanctions.

 

When caretaker relatives that are not included in the cash AG refuse to cooperate without good cause, financial assistance will be denied or terminated for the child(ren) for failure to comply with developing potential sources of income.

EXISTING POLICY

POLICY CLARIFICATION

While recipients of IDP and FWOC are not subject to sanction for failure to cooperate with child support requirements, they must comply with developing all potential sources of income, including child support income.

Applicants and recipients of IDP and FWOC are not required to assign their rights to financial child support to the Department as a condition of eligibility.

 

POLICY

 

At the request of the TANF Program Specialist, policy regarding the liability of relatives for support of TANF financial assistance has been revised as follows:

 

Parents, whether in the cash Assistance Group (AG) or not, or caretaker relatives included in the cash AG must cooperate with efforts to obtain child support, identify liable relatives, and establish the paternity of a child for whom assistance is requested.  Caretaker relatives are required to cooperate with efforts to obtain child support unless they can provide a good cause reason for non-cooperation.  Parents or caretaker relatives included in the cash AG who fail to cooperate with DCSS are subject to sanction.

 

When caretaker relatives that are not included in the cash AG refuse to cooperate without good cause, financial assistance for the child(ren) will be denied or terminated for failure to comply with developing potential sources of income.

 

Policy regarding recipients of IDP and FWOC has been clarified as follows:

 

While recipients of IDP and FWOC are not subject to sanction for failure to cooperate with child support requirements, they must comply with developing all potential sources of income including child support income. However, applicants and recipients of IDP and FWOC are not required to assign their rights to financial child support to the Department as a condition of eligibility.

 

NEW HEIGHTS & NH EASY SYSTEMS PROCEDURES AND IMPLEMENTATION

 

There are no system changes associated with this policy clarification.

 

POLICY MANUAL REVISIONS

 

Revised Family Assistance Manual Topics

 

Section 311.13                     Cooperation

Section 311.15                     Refusal to Cooperate

 

IMPLEMENTATION

 

The revisions released in this SR are effective February 26, 2018.

 

CLIENT NOTIFICATION

 

No special client notification is planned or needed.

 

TRAINING

 

No special training is planned or needed.

 

DISPOSITION

 

This SR may be destroyed or deleted after its contents have been noted and the revised manual topics released by this SR have been posted to the On-line manuals.

 

DISTRIBUTION

 

This SR will be distributed according to the electronic distribution list for DFA policy releases. This SR, and revised On-Line Manuals, will be available for agency staff in the On-Line Manual Library, and for public access on the Internet at www.dhhs.nh.gov/dfa/publications.htm, effective February 26, 2018. Additionally, this SR, and printed pages with posting instructions, will be distributed under separate cover to all internal hard copy holders of the Family Assistance Manual.

 

DFA/SVW:s