1. (a) Good cause will be determined to exist only if cooperation in establishing paternity and securing support would be against the best interests of the child due to at least one (1) of the circumstances listed below:

   1. (1)

      1. (A) The cooperation of the casehead in establishing paternity or securing support is reasonably anticipated to result in physical or emotional harm to the child or to the mother or other relative with whom the child is living.
      2. (B) The potential physical or emotional harm must be of a serious nature to justify a finding.
      3. (C) A finding of good cause for potential emotional harm may only be based upon a demonstrable impairment that substantially affects the functioning of an individual; or

   2. (2) The county office believes that proceeding to establish paternity or to secure support would be detrimental to the child for whom aid is sought due to the existence of at least one (1) of the following circumstances:

      1. (A) The child was conceived as a result of incest or forcible rape;
      2. (B) The adoption of the child is pending before a court of competent jurisdiction; or
      3. (C) The parent or parents are currently being assisted by a state or licensed private social agency to resolve the issue of whether to keep the child or to relinquish him or her for adoption, and the discussions have not gone on for more than three (3) months.

2. (b)

   1. (1) A claim of good cause that has been substantiated based upon the circumstance defined under subdivision (a)(2)(C) of this section will not be valid for more than ninety (90) days from the time such determination was made.

   2. (2) If, after the ninety (90) days referenced above, the issue regarding the continued presence of the child or children in the home has not been resolved, the casehead must submit to the county office each month thereafter evidence and/or information showing that:

      1. (A) The issue has not been resolved; and
      2. (B) Efforts to reach a decision are continuing.
   3. (3) If such evidence and/or information is not provided at such time, Form DCO-1 will be sent, if appropriate, notifying the casehead that such must be provided or the noncustodial parent information for the Office of Child Support Enforcement referral provided within ten (10) days.
   4. (4) A failure to provide such evidence and/or information will be viewed as a failure to cooperate, and the sanction will be applied.

3. (c)

   1. (1) If, during the ninety (90) days, the issue is resolved that the child or children will remain in the home of the casehead, the good cause claim or decision substantiating the claim will become void.
   2. (2) The casehead must then cooperate as required, or the sanction will be applied.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “07/01/97”