(a) Child support.

1. (1) Failure to comply with child support requirements will result in a twenty-five percent (25%) reduction in the transitional employment assistance (TEA) payment.

2. (2) The Department of Human Services worker will:

   1. (A) Determine if a parent or other adult caretaker relative has failed to comply with child support requirements;
   2. (B) Determine if the participant had a satisfactory reason for the act of noncompliance;
   3. (C) Provide the participant an opportunity to appeal the noncompliance decision prior to notifying the Department of Human Services; and
   4. (D) Notify the county office in writing to impose the noncompliance sanction if a parent or other adult relative fails to comply with child support requirements.

3. (3) The Department of Human Services worker will:

   1. (A)

(i) Take action to reduce the payment by twenty-five percent (25%).

1. (ii) See subdivision (a)(5) of this section;

   1. (B) Send an adequate notice (ten-day advance is not required) to the parent stating the action being taken is due to his or her failure to cooperate with the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration; and
   2. (C) Advise the participant of his or her right to request an administrative hearing of the payment reduction.

2. (4)

   1. (A) However, the payment reduction is the only appealable issue to the Department of Human Services.
   2. (B) Since the Office of Child Support Enforcement made the noncompliance decision and has already provided the participant an opportunity to appeal it, the noncompliance decision is not an appealable issue with the Department of Human Services.
3. (5) Note. If a sanction for noncompliance with another requirement has been imposed, the payment will not be reduced.

4. (6) Note.

   1. (A) Each participant is given an opportunity to claim “good cause” for not cooperating in child support activities before he or she is required to cooperate.

   2. (B)

      1. (i) However, if a participant who has failed to cooperate makes a good cause claim, the county office will follow the procedures for determining good cause even though the claim was not made before cooperation was required.
      2. (ii) See 20 CAR §§ 502-313 – 502-319.
   3. (C) If it is determined that good cause exists, then the sanction will not be imposed.
   4. (D) The county office will notify the Office of Child Support Enforcement that good cause exists and that, as a result, child support activities in relation to that particular absent parent should be terminated.

(b) Lifting the child support sanction.

1. (1) A child support sanction may be lifted at any time a parent or other adult caretaker relative complies with the Office of Child Support Enforcement.

2. (2) If the parent or other adult caretaker relative wishes to have the sanction lifted by complying with the Office of Child Support Enforcement:

   1. (A) A referral will be made to the Office of Child Support Enforcement; and
   2. (B) Notification from the Office of Child Support Enforcement that he or she has cooperated must be received prior to the assistance being restored to the full amount.

3. (3)

   1. (A) If a participant whose cash assistance payment was reduced due to noncooperation with the Office of Child Support Enforcement states a willingness to cooperate and appears at the Office of Child Support Enforcement office, but the reason for noncooperation was that the participant had previously failed to appear in court, then he or she must actually appear at the next scheduled court date the Office of Child Support Enforcement arranges in order to be fully cooperating.
   2. (B) In this situation, the payment will remain at the reduced amount until he or she appears at the scheduled court date.
   3. (C) The Office of Child Support Enforcement will notify the county office of this stipulation when the applicant is first referred to them for cooperation and will follow up with a notice to the county office following the customer’s appearance at court.