Authority: IC 12-13-2-3; IC 12-13-5-3

Affected: IC 12-15

Sec. 3. (a) The DFR will determine that cooperation in securing support is against the best interests of an individual only if the applicant's or recipient's cooperation in securing support is reasonably anticipated to result in physical or emotional harm to the individual for whom support is to be sought.

(b) Physical harm and emotional harm must be of a serious nature in order to justify a finding of good cause under subsection (a). A finding of good cause for emotional harm may only be based upon a demonstration of an emotional impairment that substantially affects the individual's functioning.

(c) For each good cause determination which is based in whole or in part upon the anticipation of emotional harm to the individual, the state department will consider the following:

1. (1) The present emotional state of the individual subject to emotional harm.
2. (2) The emotional health history of the individual subject to emotional harm.
3. (3) Intensity and probable duration of the emotional impairment.
4. (4) The degree of cooperation to be required.
5. (5) The extent of involvement of the individual in the support enforcement activity to be undertaken.

(Division of Family Resources; 470 IAC 2.1-4-3; filed Jun 4, 1985, 2:37 p.m.: 8 IR 1299, eff Jul 1, 1985 [IC 4-22-2-5 suspends the effectiveness of a rule document for thirty (30) days after filing with the secretary of state. LSA Document #85-29 was filed Jun 4, 1985.]; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFA; readopted filed Nov 13, 2019, 11:56 a.m.: 20191211-IR- 470190490RFA; filed Aug 28, 2023, 9:55 a.m.: 20230927-IR-470230215FRA)