GOOD CAUSE

All applicants for and participants in the Temporary Assistance program are asked to cooperate in good faith in establishing paternity and obtaining child support for their child(ren).  This is an important first step toward self-sufficiency.  The earlier paternity and/or support is established, the sooner the child may:

• have a relationship with the noncustodial parent;
• have access to child support;
• have access to the noncustodial parent's medical benefits;
• obtain information on the noncustodial parent's medical history; and
• receive other benefits resulting from paternity establishment.

1. Cooperation by the applicant or participant may reasonably be anticipated to result in:

 
1. physical or emotional harm to the child;

 
2. physical or emotional harm to the applicant or participant so serious that it reduces his/her capacity to care adequately for the child; or

 
3. physical or emotional harm to the applicant or participant as a result of domestic violence.
2. Establishing paternity or securing support will be detrimental to the child because:

 
1. the child was conceived as a result of incest or rape;

 
2. legal proceedings for adopting the child are pending before a court; or

 
3. a public or private social agency is currently assisting the applicant or participant to resolve the issue of whether to keep the child or relinquish the child for adoption, and the discussions have not gone on for more than three months.

The Notice of Requirement to Cooperate and Right to Claim Good Cause for Refusal to Cooperate in Child Support Enforcement (IM-2E) must be given to the applicant or participant before requesting him/her to complete the CSE-201 referral form.

Domestic Violence policy is being developed.  Training is expected for staff in the near future.  In the meantime, in situations where documentary evidence does not exist, the applicant or participant's statement may be all that is available to establish his/her claim of domestic violence.  Efforts should be made to have the applicant or participant's statement corroborated by someone familiar with the situation.  Offer the applicant or participant the opportunity to provide his/her own written statement to support his/her claim.  If no other information is available, and the applicant or participant indicates that his/her statement is the only evidence that he/she has to support the claim, his/her statement alone is allowable evidence to approve the good cause claim.  In situations of domestic violence staff are instructed NOT to contact the noncustodial parent under ANY circumstances in making a good cause determination.

Staff may refer to IMNL Section 0205.070.30 Types of Evidence for a detailed explanation on the gathering of information to establish a good cause claim.  Forms are being developed to help staff collect the information necessary to assist the applicant or participant in establishing good cause.

SANCTION POLICY

Previously, when a caretaker was sanctioned for noncooperation with DCSE, the caretaker was removed from the cash grant.  Under the new rule the cash grant must be reduced by 25%.  Until major changes can be made in our data system, this deduction will be made manually on the IMU5 screen.  A chart has been provided to show the new cash grant amount when 25% has been deducted. Special entries are required for the correct grant amount to be shown in IMU5.

The payee will no longer have his/her needs removed from the budget.  One change has been made in IMU5 that allows a sanctioned individual to remain cash eligible.  Continue using correct sanction codes in Field 13G.  Apply earned income disregards, if applicable, including $30 and 1/3, when appropriate.

UNTIL DATA PROCESSING CAN MAKE NECESSARY CHANGES TO THE SYSTEM REGARDING SANCTION CODES THE FOLLOWING STEPS CANNOT BE DONE. STAFF WILL BE NOTIFIED AS SOON AS MANDATORY CHANGES HAVE BEEN COMPLETED.

To reduce the cash grant by 25% the following steps will be required.

1. On the chart find the grant amount for the household size under Old Grant.
2. In Expense/Income (Field 33) enter the Old Grant amount.
3. In Net Income (Field 34) enter the Amount of Sanction.
4. In Deficit/Surplus (Field 35) enter the New Grant amount.
5. In Grant Amount (Field 36) enter the New Grant amount.
6. In Gross Income (Field 41) enter the Amount of Sanction from Field 34.
7. In Income Type (Field 25) enter Code 13 (No Income)

Looking at the Old Grant column on the chart, find $292:
Enter $292 in Field 33.

Looking at the Amount of Sanction Column, find $73:
Enter $  73 in Field 34.

Looking at the New Grant column the amount is $219:
Enter $219 in Field 35.
Enter $219 in Field 36.
Enter $ 73 in Field 41

NOTE:  Effective January 1, l998, cooperation in pursuit of child support payments is not a requirement for Medical Assistance.  On Temporary Assistance/Medical Assistance cases when the caseworker/case manager receives from the Division of Child Support Enforcement a notice of noncooperation he/she must determine if the noncooperation concerns child support payments only or child support payments and medical support.  Contact the Division of Child Support Enforcement to make this determination, if necessary. If noncooperation involves child support only, the participant's Medicaid cannot be removed.

Before any sanction can be applied it is mandatory that the caseworker/case manager have a face to face meeting with the individual.  It is preferable that this meeting occur in the individual's home or at a location that he/she chooses, but it may occur in the office.

• Review this memorandum with appropriate staff.

• When advised that mandatory Data Processing changes have been completed begin using the special instructions for determining the reduced grant amount.

• File the revised manual sections in the Temporary Assistance Manual.