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Library: Policy

OKDHS:10-1-24. Good cause

Issued 4-1-98

(a)

Basis for client to claim good cause.

Although cooperation is required as a condition of eligibility for AFDC

,

federal regulations provide for waiver of that condition when such cooperation would not be in the best interest of the child. However, the Department may determine that child support enforcement activities can be safely conducted without the cooperation of the client.

  • (1) It is clear that the best interests of the parent or caretaker relative are relevant to the child's best interest determination when an adverse impact on the parent or caretaker will have an adverse impact upon the child. Clearly, the physical safety and well-being of the parent or caretaker relative is in the best interest of the child. If cooperation by the mother in establishing paternity or securing support would subject her to physical or emotional harm, such cooperation would be against the child's best interest if such harm to the mother is sufficiently severe to affect her ability to care for the child adequately.
  • (2) The Department will determine that the client has good cause for refusing to cooperate only if:
    • (A) there is possible physical or emotional harm to the child;
    • (B) there is possible physical or emotional harm to the parent or caretaker relative payee;
    • (C) the child was conceived as a result of incest or forcible rape;
    • (D) legal proceedings for adoption of the child are pending before a court; or
    • (E) the client is currently being assisted by a public or licensed private social agency to resolve the issue of whether to keep the child or relinquish the child for adoption.

(b) 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 the Department as a condition for AFDC eligibility cannot be waived or excused based on a good cause determination. The assignment requirement is independent from the cooperation requirement and is not affected by a good cause determination. The cooperation requirement is an AFDC eligibility condition when there is an absent parent(s), unless the applicant has good cause for refusing to cooperate. In all but exceptional cases such as when it is very difficult to gather information, the good cause determination must be made with the same degree of promptness as the determination of AFDC eligibility.

(c) Notice of right to request a decision. The client has the right to claim good cause for failure to cooperate in obtaining child support. When deprivation is based on absence, every applicant for or recipient of AFDC will sign Notice Concerning Good Cause for Refusal to Cooperate, at time of original application, when a child is added to the grant, or when circumstances result in an applicant or recipient's request for good cause. The county does not deny, delay or discontinue assistance pending a determination of good cause for refusal to cooperate if the applicant or recipient has complied with the requirements to furnish evidence or information.

(d) Responsibility of applicant or recipient. It is the responsibility of the applicant or recipient who makes claim for good cause to supply documentary evidence to establish the claim, or to furnish sufficient information to permit the Department to investigate the circumstances of good cause for refusing to cooperate. Uncorroborated statements of the applicant or recipient do not constitute "verifying information" as required by this regulation.

  • (1) The evidence should be of probative value and should be supported by written statements, to the extent possible. Examples of acceptable written statements are:
    • (A) birth certificate, medical or law enforcement records which indicate that the child was conceived as a result of incest or forcible rape;
    • (B) court documents or other records which indicate that legal proceedings for adoption are pending before a court of competent jurisdiction;
    • (C) criminal, medical, child protective services, social services, psychological or law enforcement records which indicate that the putative or absent parent might inflict physical or emotional harm on the child or caretaker relative;
    • (D) medical records which indicate emotional health history and present emotional health status of the caretaker relative or child or written statement from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the caretaker relative or child;
    • (E) a written statement from a public or licensed private social agency that the applicant or recipient is being assisted by the agency to resolve the issue of whether to keep the child or relinquish the child for adoption; or
    • (F) sworn statements from individuals (other than client) with knowledge of the circumstances which provide the basis for the good cause claim.
  • (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) -(F) 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.

(e) Procedures involving good cause determination. When a claim for good cause is made, the computer input document is updated to indicate good cause determination is pending, however, the CSED forms are not submitted at this time. The good cause determination process is accomplished by the DHS county office and CSE district office completing the appropriate sections of DHS Form C-1 5 (new form number 08TA009E), Good Cause Report.

(f) Title lV-E exemption. Under limited conditions the parent(s) of a child removed from the home by a custody order may be exempt from the required referral to the CSE district office as a condition of the child's eligibility. A referral from the DCFS and OJA worker will include reasons for the request of an exemption to the requirement to cooperate in the development of child support.

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