Library: Policy

340:10-10-6. Good cause

Revised 9-15-21

(a) Cooperation. When deprivation is based on absence, the custodial parent is required to cooperate in pursuing child support, per Oklahoma Administrative Code (OAC) 340:10-10-5, unless there is a good cause reason not to cooperate. When the client claims good cause, it is expected that a good cause determination be made with the same degree of promptness as the determination of Temporary Assistance for Needy Families (TANF) eligibility unless there are difficulties in gathering needed information

(b) Basis for client to claim good cause. To claim good cause for not cooperating with child support, the client must provide or Oklahoma Human Services (OKDHS) must obtain documentary evidence when available, per (d) of this Section that shows it is not in the best interest of the child or the applicant or recipient to pursue support.

(1) It is clear that the physical safety and well-being of the custodial parent or caretaker relative are relevant to the child's best interest determination when an adverse impact on the custodial parent or caretaker relative will have an adverse impact upon the child. When cooperation by the mother in establishing paternity or securing support could subject her to physical or emotional harm, such cooperation is against the child's best interest when harm to the mother is sufficiently severe to affect her ability to care for the child adequately.

(2) OKDHS determines that the client has good cause for refusing to cooperate only when:

(A) there is possible physical or emotional harm to the child;

(B) or the parent or caretaker relative-payee;

(D) legal proceedings for adoption of the child are pending before a court; or

(E) the client is currently being assisted by an attorney or a public or licensed private social agency to decide whether to keep the child or relinquish the child for adoption.

(c) Assignment and degree of promptness. The good cause exception applies only to excuse the cooperation requirement. The requirement that the applicant or recipient assign support rights to OKDHS as a condition for TANF eligibility is independent from the cooperation requirement and cannot be waived or excused based on a good cause determination per OAC 340:10-10-5.

(d) Notice of right to request a decision. The client has the right to claim good cause for failure to cooperate in obtaining child support.

(1) When deprivation is based on absence, the applicant for or recipient of TANF must sign Form 08TA012E, Cooperation Agreement and Request for Good Cause, to acknowledge he or she understands the good cause information on the form and indicate his or her cooperation decision: • 1

(A) at application;

(B) at each benefit renewal;

(D) when the recipient wants to request for good cause after certification.

(2) The worker does not deny, delay, or discontinue assistance pending a good cause determination for refusal to cooperate when the client furnishes evidence or information supporting the good cause claim.

(d) Notice of right to request a decision. The client has the right to claim good cause for failure to cooperate in obtaining child support.

(e) Client responsibility. When the client makes a good cause claim, he or she must complete and sign Form 08TA009E, Good Cause Report, indicating the basis for the good cause claim and supply evidence to establish the claim or to furnish sufficient information to permit OKDHS to investigate the good cause circumstances.

(1) When available, acceptable documentary evidence may include:

(A) birth certificate or medical or law enforcement records that indicate the child was conceived as a result of incest or forcible rape;

(B) court documents or other records that indicate legal adoption proceedings are pending before a court of competent jurisdiction;

(C) court, medical, child protective services, social services, psychological, or law enforcement records that indicate the alleged or non-custodial parent might inflict physical or emotional harm on the child or caretaker relative;

(D) a written statement from an attorney or a public or licensed private social agency that states the applicant or recipient is being assisted by OKDHS to resolve the issue of deciding whether to keep the child or place the child for adoption; and

(E) statements from persons other than the client with knowledge of the circumstances that provide the basis for the good cause claim, except in the case of adoption.

(2) Upon request, the worker assists the client in obtaining evidence that is not reasonably obtainable. This requirement is limited to the specific documentary evidence listed in (1)(A) through (E) of this subsection. The client must specify the type of document or record needed, as well as provide sufficient identifying information to make it possible to be obtained.

(f) Good cause decision. Based on the documentary evidence and information provided, Adult and Family Services (AFS) TANF Unit staff makes the good cause decision. • 3

(1) When AFS approves good cause, the applicant or recipient is not required to cooperate in pursuing child support unless circumstances change.

(2) When all other eligibility requirements are met at application, but the applicant fails to provide information to support his or her good cause claim, the worker informs the client that he or she must sign a new Form 08TA012E agreeing to cooperate in pursuing child support or the application will be denied. (3) When the client provides good cause information and AFS TANF Unit staff determines good cause does not exist after certification, the worker informs the client that good cause was not approved and he or she is expected to cooperate in pursuing child support unless more documentary evidence can be provided. When the client:

(A) agrees to cooperate, he or she signs a new Form 08TA012E agreeing to cooperate and provides all known information about the non-custodial parent; or • 5

(B) continues to refuse to cooperate after certification, the non-cooperation penalty is applied. • 6

INSTRUCTIONS TO STAFF 340:10-10-6

Revised 9-15-21

1. (a) When the client requests good cause, the worker:

(1) clicks on the "absent parent information" button within the Family Assistance/Client Services (FACS) Deprivation tab and updates the "cooperation" field to "P" for "pending good cause";

(2) documents the circumstances in the case notes; and

(3) requests proof of good cause.

(b) At each eligibility renewal and when circumstances change between renewals, the worker and client complete and sign a new Form 08TA012E, Cooperation Agreement and Request for Good Cause. When the client makes a different decision regarding good cause or gives new information during the interview, the worker evaluates whether a new good cause decision must be made.

(1) When it appears circumstances have not changed at renewal, no action is required concerning good cause.

(2) When good cause is currently approved for the non-custodial parent (NCP) and the client states it is now safe to pursue child support, the client completes and signs Form 08TA001E, Non-Custodial Parent (NCP) Information Sheet. This form is not sent to CSS. The worker:

(A) enters appropriate information in the FACS Deprivation tab and within the "absent parent information" button of the FACS Deprivation tab based on information provided on Form 08TA001E. This includes changing the "cooperation" field to "Y" for "agrees to cooperate";

(B) completes the Good Cause Decision Change portion of Form 08TA009E, Good Cause Report, explaining the current circumstances and emails it to TANF@okdhs.org for a final decision; and

(C) documents the circumstances in FACS case notes.

(3) When it appears to the worker that circumstances changed and good cause no longer exists but the client does not agree, the worker:

(A) completes the Good Cause Decision Change portion of the original Form 08TA009E or a new Form 08TA009E when the original is not in the case record;

(B) emails Form 08TA009E and documentation of the change(s) to TANF@okdhs.org for approval; and

(C) images any documents to the case record and enters a FACS case note regarding the change.

(4) When AFS determines that good cause no longer exists, refer to (f)(3) of this Section and Instructions to staff (ITS) # 3 of this Instruction.

(5) When the client agreed to cooperate in pursuing child support at application or the last renewal and requests good cause at the current renewal or between renewals, the worker and client complete and sign a new Form 08TA012E. The worker follows appropriate procedures, per (d) and (e) of this Section.

(c) When the client requests TANF benefits for an additional child, the worker and client complete and sign a new Form 08TA012E for that child. When the client:

(1) requests good cause and it is already approved for the NCP, the worker does not need to submit Form 08TA009E to the AFS TANF Unit unless circumstances changed. The worker updates the FACS Deprivation tab to add the additional child;

(2) does not request good cause, but it was previously approved for this NCP, the worker follows appropriate procedures, per (b)(2) of this Instruction; or

(3) requests good cause and it was not previously requested for the NCP, the worker follows procedures, per (d) and (e) of this Section.

3. (a) After the client provides or the worker obtains documentation to support the good cause request, the worker explains to the client that the documentation will be submitted for approval, but it may or may not be approved. The worker:

(1) certifies the application and enters a "P" for "pending good cause" within the "absent parent information" button of the FACS Deprivation tab;

(2) completes the County Good Cause Decision portion of Form 08TA009E, checks whether the good cause claim is valid, and emails Form 08TA009E and a copy of the corroborative evidence to TANF@okdhs.org to obtain a final decision; and

(3) records the action in FACS case notes.

(b) Within 10-calendar days of certification, AFS TANF Unit staff:

(1) reviews the evidence and the worker’s recommendation;

(2) completes the AFS TANF Final Good Cause Decision portion of Form 08TA009E and images the completed form to the case record;

(3) updates the "pending good cause" field within the "absent parent information" button of the FACS Deprivation tab to "G, good cause for not cooperating has been determined" or "O, refusal to cooperate determined by AFS TANF";

(4) enters a FACS case note regarding the decision; and

(5) emails the decision to the worker.

(c) When pending good cause is not changed to a "G" for "good cause for not cooperating has been determined" or an "N" for "refusal to cooperate determined by AFS TANF" with 10-calendar days of certification, CSS staff contacts AFS TANF Unit staff to determine good cause status.

4. When the client agrees to cooperate and signs Form 08TA012E, the worker certifies the application.

(1) The worker enters a "Y" in the "cooperation" field and completes the FACS Deprivation tab.

(2) When the client does not provide good cause information or does not agree to cooperate, the worker denies the application.

5. When the client agrees to cooperate, the worker:

(1) and client update Form 08TA001E, when needed;

(2) enters appropriate information in the FACS Deprivation tab and within the "absent parent information" button of the FACS Deprivation tab, including the "cooperation" field to indicate the client agrees to cooperate; and

(3) documents the information in FACS case notes.

6. When the client continues to refuse to cooperate, the worker notifies AFS TANF Unit staff of the client's decision. AFS TANF staff updates the "cooperation" field to show an "N" for "refusal to cooperate determined by AFS TANF" which notifies CSS of the non-cooperation decision.

(1) When AFS TANF Unit staff makes the determination of non-cooperation, CSS staff updates the child support computer system to show an "O" in the "cooperation" field, the reason code in the "reason code" field, and the date non-cooperation is determined in the "non-cooperation date" field. The worker views cooperation status by entering CCPI space and the client's family group number (FGN).

(2) When the CCPI screen shows non-cooperation, the system:

(A) automatically applies the 25 percent penalty;

(B) removes the adult's needs from the medical benefit unless, per OAC 317:35-5-7, the client is less than 19 years of age; and

(C) sends a notice to the client.

(3) Per OAC 317:35-5-7, the mother remains eligible for medical benefits when she is pregnant. When the automatic process removes a pregnant mother from medical benefits, the worker must add the mother back to the medical benefits.