1805.040.10 Notice/Good Cause for Refusal to Cooperate

1805. Determining Good Cause

IM-30 March 6, 2019; IM-59 May 30, 2017; IM-97 November 9, 2015

Applicant or Participant’s Responsibilities

  1. The applicant or participant requests that a determination be made of his/her good cause claim for failure to cooperate; and
  2. The applicant or participant alone or with the Eligibility Specialist assistance provides evidence in support of the good cause claim. Allow the applicant or participant sufficient time to obtain the evidence, especially if it is unusually difficult to obtain. If an applicant or participant claims good cause based on physical harm and no evidence exists to verify the claim, request a written explanation for the record.

Income Maintenance Eligibility Specialist Responsibilities

  1. When the applicant/participant claims Good Cause, give them a copy of the Second Notice of Right to Claim Good Cause for Refusal to Cooperate in Child Support Enforcement (IM-2E Part 2) which gives additional information regarding the good cause claim, his/her responsibilities, and space to make the claim in writing;
  2. Use the Communication Transmittal (IM-16) to notify the child support specialist of a good cause claim when a Referral/Information for Services (CS-201) has already been sent;
  3. Assist the applicant or participant in obtaining evidence when necessary. Advise him/her of methods to obtain documentation. The applicant or participant may be asked to provide sufficient identifying information and pay any fees required to obtain the document.

    EXCEPTION: The Family Support Division will pay for an evaluation from a mental health professional regarding risk of emotional harm when necessary. The applicant or participant’s inability to pay a fee will not negatively affect a determination that good cause exists.

  4. Determine within 20 days whether good cause for failure to cooperate exists. The 20 days may be extended for up to 45 days in case of difficulty in obtaining good cause verification under 13 CSR 30-8.010.
  5. IM-16s should be submitted in one of the following ways:

    Consider any comments Child Support has regarding the determination. It is the responsibility of Income Maintenance staff to make the final determination. If no comments are received from Child Support within five (5) working days, complete the decision-making process.

  6. Refer all claims of good cause to the Program Manager/County Manager for their review before final determination.
  7. Notify the applicant or participant and the Child Support supervisor in writing of the final determination on all good cause claims.
  8. Notify the Child Support Supervisor of any hearing requests regarding good cause claims and the hearing results.
  9. If determined that good cause does not exist follow sanction procedures.
  10. Document the decision, findings, and basis for the good cause determination. Keep any hard copy documentation in the case file.
  11. If a refusal to cooperate is determined to be with good cause, reassess the good cause determination at each review. Circumstances may have changed, and the applicant or participant may wish to establish paternity and/or medical support.

    NOTE: If a participant notifies Income Maintenance in the future that good cause no longer exists, it is necessary to complete a new CS-201 or send an IM-16 notifying FSD-CS that they can reopen the child support case.

Family Support Division-Child Support Responsibilities

  1. The CSS notifies Income Maintenance staff via the IM-16 if an applicant or participant refuses to cooperate with FSD-CS.
  2. The CSS suspends all efforts to establish paternity or secure support when notified of a good cause claim. This suspension continues until the Child Support supervisor receives notification of a final determination.
  3. The Child Support supervisor may participate in a hearing regarding good cause determination either at the applicant/participant’s or Income Maintenance staff’s request.
  4. FSD-CS does not begin to establish paternity or secure medical support if Income Maintenance finds good cause for refusal to cooperate. Once Income Maintenance determines good cause and notifies FSD-CS, FSD-CS closes the case.