Temporary Assistance/Case Management

0205.060.05 Notice/Good Cause for Refusal to Cooperate

IM-#104, December 20, 2012, IM-#44, July 11, 2011

  1. Before asking an applicant or Temporary Assistance (TA) participant to cooperate in establishing paternity or in establishing, modifying, or enforcing a 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. that cooperation in establishing paternity and establishing, modifying or enforcing a support order is a condition of eligibility;
    3. that 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. that if it is determined that good cause for failure to cooperate exists, the applicant or TA participant will not have to cooperate in establishing paternity or in establishing, modifying, or enforcing support; and
    6. that 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 TA participant must be given before being requested to cooperate. Each applicant or TA participant required to assign support rights must signify understanding of the right to claim good cause by completing the form at the time of application for Temporary Assistance.

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

  2. When an applicant or program participant either requests additional information or makes a claim of
    1. of the circumstances under which good cause exists;
    2. that 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. that the Family Support Division will assist in obtaining evidence, if requested;
    4. that based on evidence and investigating information provided by the applicant or TA participant (if warranted) the Family Support Division will determine if good cause exists;
    5. that 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. that the Family Support Division-Child Support will not attempt to establish paternity or secure support if the applicant or TA  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 TA 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 TA participant to make a good cause claim in writing. Both the applicant or TA participant and the eligibility specialist must sign and date the form.