Family Services, Dept. of

Child Support Program

Chapter 10: Cooperation of the Recipient

Effective Date: 05/20/1991 to 06/01/1999

Rule Type: Superceded Rules & Regulations

Reference Number: 049.0009.10.05201991

CHARTER X

COOPERATION OF THE RECIPIENT

Section 1. Recipient Claims of Good Cause for Refusal to Cooperate.

(a) The Public Assistance recipient may refuse to cooperate in establishing or enforcing the support if (s) he has “good cause”, as follows:

(i) The recipient’s cooperation would result in substantial danger, physical harm or undue harassment to the child or recipient.

(ii) The birth of the child was a result of forcible rape or incest.

(iii) An adoption of the child is pending.

(b) If the recipient claims good cause for not cooperating at the time of application for AFDC, support rights are nonetheless assigned to the state. IV-D intake will open the case in the usual manner.

(c) As provided in 45 CFR 232.41 through 232.48, the good cause determination shall be made by the IV-A (Public Assistance) agency. If IV-A determines that “good cause” does not exist, IV-D will pursue the case. In addition, the IV-D may work the child support case if IV-A determines that the recipient’s cooperation is not needed and if IV-D involvement will not endanger or cause undue harassment to the child or recipient even though “good cause” exists.

Section 2. Refusal to Cooperate Absent a Good Cause Claim.

If the recipient fails to cooperate with the IV-D agency, the IV-D agency will notify the recipient’s Public Assistance Worker. If the IV-D case can be worked without the recipient’s cooperation, the IV-D agency may proceed. If the recipient’s Public Assistance Worker subsequently determines that the recipient has good cause for refusing to cooperate, the IV-D agency may work the case if it is determined that the recipient’s cooperation is not needed, and if IV-D involvement will not endanger or cause undue harassment to the child or recipient.