Cooperation in obtaining support and establishing paternity
is a condition of Families First eligibility for each applicant/recipient
unless good cause for refusal to cooperate is established. The determination of
whether a client has refused to cooperate is a Child Support Enforcement
function. The determination of whether good cause exists for a waiver of the
cooperation requirement is the responsibility of the IV-A agency.
(1) Cooperation Requirements. Each A/R is
required to cooperate by engaging in any activity or providing information
necessary for child support enforcement, including but not limited to the
following:
(a) Assisting in identifying and
locating the absent parent of each child in the assistance group;
(b) Assisting in the establishment of
paternity for each Families First child for whom this service is
appropriate;
(c) Assisting in
obtaining support for each member of the assistance group;
(d) Appearing for scheduled interviews as
necessary to provide relevant verbal or written information or documentary
evidence;
(e) Appearing as a
witness in court or other hearings or proceedings, if necessary;
(f) Providing information, or attesting to
lack of information, under penalty of perjury;
(g) After assigning support rights, turning
over to DHS any and all support payments which are covered by the assignment
and are received directly by the A/R either from the absent parent or through a
court or other third party.
(2) Notice to the Applicant/Recipient. At
application, a written and verbal explanation of the requirement for
cooperation with child support activities and the penalties for refusal to
cooperate will be provided in addition to information regarding the client's
right to claim good cause for refusal to cooperate. If the client claims good
cause for non-cooperation or requests further clarification, he/she shall be
given a further written notice describing the circumstances and evidence
necessary for a good cause determination.
(a)
Acknowledgment of Notice
1. The client's
signature on the Department's application for assistance acknowledges that
he/she understands:
(i) that support rights
are assigned to the state;
(ii) any
support payments received by the client after approval of the Families First
payment must be turned over to DHS; and
(iii) how to forward such payments to
DHS.
2. Reserved for
future use.
(3) Refusal to cooperate.
(a) It is the responsibility of Child Support
Enforcement to determine if a client has failed or refused to
cooperate.
(b) Reasonable judgment
will be exercised in determining whether there has been willful non-cooperation
or extenuating circumstances.
(c)
If the client has refused to cooperate, the Department will apply the sanctions
to the case (unless there is good cause for the lack of cooperation) and notify
the client of the action.
(d)
Failure to cooperate (without good cause) and the resultant application of
sanctions to the case do not preclude support actions on the case by the IV-D
agency.
Notes
Tenn. Comp. R. & Regs. 1240-01-48-.04
Original rule filed
December 2, 1996; effective February 15, 1997. Amendment filed July 5, 2002;
effective September 18, 2002.
Authority: T.C.A. §§
4-5-201 et seq., 71-1-105,
71-3-124, 42 USC § 654(29), 42 USC § 1315(a), and
PL
104-193
§301(a).
