Tenn. Comp. R. & Regs. 1240-01-03-.36 - GOOD CAUSE FOR REFUSAL TO COOPERATE
A client claiming good cause for refusal to cooperate has the burden of establishing the existence of a good cause circumstance.
(1) Client Requirements. To establish good
cause, the client will be required to:
(a)
Specify the circumstances which he/she believes provide sufficient good cause
for non-cooperation;
(b)
Substantiate the good cause circumstances; and
(c) If requested, provide sufficient
information to permit an investigation.
(2) Good Cause Circumstances. Only when one
of the following circumstances is substantiated will it be determined that the
client's cooperation is against the best interests of the child and there is
good cause for refusal to cooperate:
(a) The
client's cooperation is reasonably anticipated to result in physical or serious
emotional harm to the child for whom support is to be sought; or
(b) The client's cooperation is reasonably
anticipated to result in physical or serious emotional harm of such nature or
degree that it reduces such person's capacity to provide adequate care for the
child; or
(c) Proceedings to
establish paternity or collect support in the particular case would be
detrimental to the child because the child was conceived as a result of incest
or forcible rape; or
(d) Legal
proceedings for the adoption of the child are pending before a court of
competent jurisdiction, or
(e) The
client is currently (for a period of not more than 3 months) being assisted by
a public or licensed private social agency to decide whether to keep the child
or relinquish for adoption.
(3) Proof of Good Cause Claims.
(a) The decision of good cause will be based
upon evidence supplied by the client within 20 days after the claim is made.
Only in exceptional situations will the Department grant a client's request for
an additional period of time. Otherwise, the claim will be denied.
(b) The determination may be based upon an
investigation by the Department in certain limited circumstances: in cases of
anticipated physical harm when the A/R states there is no documentary evidence;
and in cases where the evidence submitted by the A/R is questionable and so
requires further verification and/or investigation.
(c) Corroborative Evidence.
1. Documentary Evidence. Evidence submitted
by the client will be carefully evaluated to determine whether it actually
verifies the claim. The following types of evidence may be used to substantiate
a good cause claim:
(i) Birth certificates or
medical or law enforcement records which indicate that the child was conceived
as the result of incest or forcible rape;
(ii) Court documents or other records which
indicate that legal proceedings for adoption are pending before a court of
competent jurisdiction;
(iii)
Court, medical, criminal, child protective services, social services,
psychological, or law enforcement records which indicate that the absent parent
might inflict physical or emotional harm on the child or caretaker relative if
cooperation is required;
(iv)
Medical records which indicate emotional health history and present emotional
health status of the caretaker relative or the child for whom support would be
sought, or written statements from a mental health professional indicating a
diagnosis or prognosis concerning the emotional health of the caretaker
relative or the child;
(v) A
written statement from a public or licensed private social agency that the A/R
is being assisted by the agency to resolve the issue of whether to keep the
child or relinquish for adoption; and
(vi) Notarized statements from individuals
other than the A/R with knowledge of the circumstances on which the good cause
claim is based.
2.
Emotional Harm Documentation. For every good cause determination based in whole
or in part upon anticipated emotional harm to the child or caretaker, the
following points will be considered:
(i) The
present emotional state of the individual;
(ii) The emotional health history of the
individual;
(iii) The intensity and
probable duration of the emotional impairment;
(iv) The degree of cooperation to be
required; and
(v) The extent to
which the child will be involved in the paternity establishment or support
enforcement activity.
3.
Securing Documents. Upon request, the Department will advise the A/R how to
obtain the necessary documents and will provide reasonable assistance in
obtaining specific documents which the client is not able to obtain.
4. Additional Information Required. If an
examination of the evidence indicates that additional information is necessary
in order to make a decision, the Department will promptly notify the client,
specifying the type of document which is needed.
5. Documentary Evidence Not Available -
Physical Harm.
(i) An investigation will be
conducted when a good cause claim of anticipated physical harm appears credible
without substantiating evidence and such evidence is not available.
(ii) Reserved for future use.
6. Documentary Evidence
Insufficient for Determination. If the A/R's statement and the evidence
submitted do not provide a sufficient basis for making a decision, the
Department may further verify the claim and, where necessary, conduct an
investigation. The investigation may include contact of the absent parent if
necessary for a determination. Prior to such contact, however, the client will
be notified so that he/she may:
(i) Present
additional corroborative evidence to make the contact unnecessary;
(ii) Withdraw the application for assistance
or have the case closed; or
(iii)
Have the good cause claim denied.
(4) Granting or Continuation of Assistance
During Good Cause Determination. If the client has complied with the
requirements for providing corroborative evidence, assistance shall not be
denied, delayed, or discontinued pending the determination of whether or not
good cause for refusal to cooperate exists.
(5) Decisions on Good Cause Claims.
(a) Time Standards for Processing Claim.
1. A final decision on each good cause claim
must be made within 45 days of the date the claim is made.
2. The time standard may be exceeded only if:
(i) information required to verify and/or
investigate the claim could not be obtained within the time standard;
or
(ii) the client was granted
additional time to secure evidence.
3. The client must be advised promptly in
writing of the decision and the basis for the determination.
(b) Approval of Good Cause Claim.
If the evidence and/or the investigation substantiate that good cause exists,
the Department will notify the client, advising him/her that the Office of
Child Support Services will not proceed with any activities to establish
paternity and/or secure support in relation to the particular absent parent and
child (ren) as long as the good cause circumstances exists.
(c) Periodic Review of Approved Good Cause
Claims. The decision will be reviewed at each eligibility redetermination only
if the original decision was based on a circumstance that is subject to
change.
(d) Denial of Good Cause
Claim.
1. A good cause claim may be denied if:
(i) the client has not furnished evidence
within 20 days and has not requested assistance in obtaining the evidence nor
requested and been granted an extension of the time limit;
(ii) the evidence submitted does not
substantiate the claim and the client has not submitted additional evidence
which does corroborate it;
(iii)
the client has not provided information necessary for an agency investigation
if this is needed; or
(iv)
documentary evidence or agency investigation substantiate that the claim is not
valid.
2. If the
decision is that good cause does not exist, the client will be notified of the
decision and given an opportunity to cooperate, withdraw the application for
assistance, or have the case closed. In the event of continued refusal to
cooperate, the IV-D sanctions will be applied to the case.
3. A redetermination of a previously denied
claim of good cause will be made only if there is new documentary evidence or
information provided which indicates a need for further action or
investigation. A client who has been penalized for failure to cooperate after
his/her good cause claim was denied must remain under penalty unless good cause
is later substantiated (or the client demonstrates willingness to
cooperate).
(6) Coordination with the IV-D Agency. The
IV-D agency will be kept advised of good cause activities on approved AFDC
cases.
(a) Reserved for future use.
(b) Reserved for future use.
(c) Reserved for- future use.
1. Reserved for future use.
2. If an appeal is filed on this issue, this
information will be included on the notice to the client.
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