Family MO HealthNet (MAGI) Manual – Table of Contents

1805.040.10 Notice/Good Cause for Refusal to Cooperate

IM-#97, November 9, 2015

    1. Before asking an applicant or MO HealthNet (MHN) participant to cooperate in establishing paternity or in establishing, modifying, or enforcing a medical support order regarding a child advise him/her:
      1. Of the potential benefits derived from establishing paternity and establishing, modifying, or enforcing a support order;
      2. Cooperation in establishing paternity and establishing, modifying or enforcing a support order is a condition of eligibility;
      3. He/she may claim good cause for refusing to cooperate;
      4. Of the sanction applied if he/she refuses to cooperate without good cause;
      5. If it is determined that good cause for failure to cooperate exists, the applicant or participant will not have to cooperate in establishing paternity or in establishing, modifying, or enforcing support; and
      6. Upon request or following a claim of good cause the Family Support Division will provide further notice with additional details concerning good cause.

      The Notice of Requirement to Cooperate and Right to Claim Good Cause for Refusal to Cooperate with Child Support (IM-2E Part One) contain the information that the applicant or participant must be given before being requested to cooperate. Each applicant or participant required to assign medical support rights must signify understanding of the right to claim good cause by completing the form at the time of application.

      When adding a child to an active case, the applicant participant signs another copy of IM-2E Part One. This reminds the applicant or participant that he/she may claim good cause.

    2. When an applicant or participant either requests additional information or makes a claim of good cause explain:
      1. The circumstances under which good cause exists;
      2. He/she will be asked to explain the basis of the good cause claim and to supply evidence and any other information necessary to establish the claim;
      3. The Family Support Division will assist in obtaining evidence, if requested;
      4. Based on evidence and investigating information provided by the applicant or participant (if warranted) the Family Support Division will determine if good cause exists;
      5. The Family Support Division-Child Support may review the findings and basis of the good cause determination and may participate in any hearings regarding the issue of good cause; and
      6. The Family Support Division-Child Support will not attempt to establish paternity or secure medical support if the applicant or participant is determined to have good cause.

      The Second Notice of Right to Claim Good Cause for Refusal to Cooperate with Child Support (IM-2E Part Two) contains the additional information that the applicant or participant must be given when requested or when he/she claims good cause for refusal to cooperate. The form provides space for the applicant or participant to make a good cause claim in writing. The applicant or participant and the eligibility specialist must sign and date the form.