2165 Failure
to Cooperate - For TANF and Child
Care purposes, failure to cooperate with CSS will result in the following:
- When a parent fails to cooperate, there is ineligibility for the
mandatory filing unit of which the child is a member. This includes
parents who are excluded from the TANF case due to receipt of SSI
or who are disqualified due to fraud or being a drug felon (on or
after July 1, 2013) or ineligible non-citizen.
Penalties for non-cooperation with CSS apply to both TANF and Child
Care, regardless of whether or not both programs were open when the
non-cooperation occurred.
NOTE: If the parent who fails to cooperate is a minor
parent under 18 who is unable to act in own behalf, only the individual
minor parent is ineligible for assistance. Penalties accrued by this
minor parent do not count as a penalty when the minor becomes
an adult cash recipient.
- When a needy non-legally responsible caretaker (on the TANF case)
fails to cooperate, there is ineligibility for the caretaker until
the caretaker cooperates. The children remain eligible for assistance.
- When a non-legally responsible caretaker fails to cooperate, the
children remain eligible for assistance without penalty.
Note: A cohabiting partner is not considered a non-legally
responsible caretaker.
See 2165.2 for food assistance
non-cooperation.
Because penalties can result in a temporary hardship to the family without
other alternatives of support, penalties must be applied with much care
and consideration. To ensure that penalties are applied uniformly and
appropriately, the following guidelines must be applied in all instances
of non-cooperation:
- There is documented evidence that the person was made aware of
the cooperation requirement.
- There is documented evidence that the person was informed of the
consequences for failing to cooperate and of the ability to report
good cause. This includes documentation that the ES-3102,
Important Information About Cooperation, was discussed and/or provided
to the client .
- If a referral has been made to DV/SA for a work program participant
due to domestic violence, the eligibility worker must check with the
Career Navigator to determine if there is good cause for failing to
cooperate due to domestic violence.
- A personal contact to discuss the non-cooperation must be attempted
and documented in the case file. This contact attempt may be completed
by CSS as long as a form verifying this attempt is placed in the case
file. This personal contact may be by letter, phone call, office visit,
or home visit.
2165.1 TANF
and Child Care Noncooperation Penalties - Ineligibility or a
penalty may not be imposed until a referral has been made to CSS and CSS
determines the person has not cooperated.
- Non-Cooperation While in Applicant
Status - Normally, referrals to CSS are made after an application
is approved. If a prior determination of non-cooperation is unresolved and the person completes a new application for TANF, the person must be referred to CSS and cooperation established prior to the application being processed. A local
office may also develop a special referral procedure between EES and
CSS to determine the cooperation status of applicants prior to application
processing, although this is not required or encouraged.
If CSS provides notification of cooperation from a prior non-cooperation penalty, EES will need to assure cooperation has occurred for all the absent parents for the children in the home prior to processing the application.
If CSS makes a determination of non-cooperation before an application
is approved, the following results:
- If the non-cooperation
is by a parent, the application is pended, allowing 10 days for cooperation. If the parent cooperates within 10 days, process the application, otherwise deny. If the parent cooperates
within the 45-day application processing time frame, the application
is reinstated and benefits prorated from the date of application.
A new application is required if cooperation occurs after the
initial application’s 45-day processing standard. [See 1414.2
(3) and 3522].
NOTE: If the parent who fails to cooperate is a minor
parent under 18 who is unable to act in own behalf, only the individual
minor parent is ineligible for assistance.
- If the non-cooperation
is by a non-legally responsible caretaker, assistance is approved
for the children only, if otherwise eligible. If the caretaker
cooperates after assistance for the children is approved and requests
assistance for himself/herself, eligibility is to be prorated
from the date of cooperation. [See 1414.2
(3) and 3522].
NOTE: (See 1423) Child
Support Penalties cannot be placed for actions (failure to cooperate)
taken after a closure notice has been sent. Child Support penalties can
be placed for failure(s) to cooperate if those failures occurred prior
to the notice of closure.
- Non-Cooperation While in Recipient
Status - When a parent fails to cooperate with CSS , the
mandatory filing unit of the child for whom the parent failed to cooperate
shall be ineligible. A CSS penalty applies to both TANF and Child
Care, regardless of whether or not both programs were open when the
non-cooperation occurred. The period of ineligibility for cash and
child care assistance is as follows :
- First Penalty: The Mandatory Filing Unit (MFU) will be ineligible
for cash and child care benefits a minimum of 3 months and must
be in compliance with Child Support Services to effectively cure
the penalty and restore eligibility for cash and/or child care
benefits at the end of the 3 month period.
- Second Penalty: The MFU will be ineligible for cash and child
care benefits for a minimum of 6 months and must be in compliance
with Child Support Services to effectively cure the penalty and
restore eligibility for cash and/or child care benefits at the
end of the 6 month period.
- Third Penalty: The MFU will be ineligible for cash and child
care benefits for a minimum of 12 months and must be in compliance
with Child Support Services to effectively cure the penalty and
restore eligibility for cash and/or child care benefits at the
end of the 12 month period.
- Fourth Penalty: The MFU will be ineligible for cash and child
care benefits for a minimum of 10 years.
Note: Penalties for children
in the MFU will not count against the child when the minor becomes an
adult cash recipient.
NOTE: If the parent who
fails to cooperate is a minor parent under 18 who is unable to act in
own behalf, only the individual minor parent is ineligible for assistance.
The penalty shall be applied giving timely and adequate notice.
NOTE: See 2552(1)
for special budgeting provisions that apply to the corresponding for food
assistance program.
2165.2 Food Assistance
Noncooperation –
- Applying the Ineligibility - For food assistance,
any person who fails to cooperate with CSS per 2160
shall be ineligible for food assistance until the person cooperates
with CSS. The person’s resources shall be counted in full and a pro-rata
share of their income counted per 4212.2.
The remaining household members may get benefits if otherwise eligible.
Ineligibility may not be imposed until a referral has been made to
CSS and CSS determines the person has not cooperated. If, however,
it is discovered that CSS has a determination of non-cooperation for
applications dated on or after 7/01/2015, including CSS non-cooperation
with cash and child care programs, a referral shall be sent to CSS
and the individual not cooperating shall be an excluded household
member until the month after cooperation is established. If non-cooperation
is discovered to be from an application date of any DCF program before
7/01/2015, then the individual may be included for food assistance and a referral to CSS will need to be sent.
- Re-qualifying After Cooperation - When the
household member cooperates with CSS, CSS will notify EES staff. The
person is to be added to the food assistance case (changed from excluded
to included ) effective for the month following the month of cooperation
per 9121.1.
2166 Reporting
of Support to EES - The amount of current support received on
each TANF case is reported to EES automatically on the system. EES staff
shall determine whether or not there is continuing eligibility if the
amount of reported support is treated as nonexempt income. (See 6220
(4), 6410 and 7100.)
2167 Paternity
of Alleged Father in the Home (Not Applicable to Child Care) -
For situations in which the father is in the home with the child, paternity
must be established when TANF or food assistance is requested. This provision
shall apply to any instance in which both parents (or the father if the
mother is not present) in the home claim(s) he is the father, unless either
the father or child is excluded from the assistance plan for reasons other
than a sanction or other special provision as referenced in 4120
(4). This provision is not applicable while the child is unborn. See 4100 and subsections for assistance
planning provisions involving paternity. Paternity for this purpose must
be established in one of the following ways:
- The parents were married at the time of the child's birth. For
purposes of this provision, a common-law marriage shall not establish
paternity;
- Paternity has been established through appropriate court action;
or
- The father is listed on the child's official birth certificate,
issued by Vital Statistics, as the child's father. This provision
only applies to children born on or after July 1, 1994. This provision
does not apply if either of the following conditions exist:
- The mother was legally married to someone else at the time
of the child's birth; or
- The mother was divorced within 300 days of the child's birth.
In the two above situations, EES is to make a regular referral to CSS
for paternity establishment. These paternities must be resolved by a court;
expedited paternity is not applicable.
- The father voluntarily acknowledges paternity and the mother and
father have signed the required papers for a voluntary order.
2167.1 Expedited Paternity Establishment
- If paternity is not established through items (1), (2), or
(3) above, a referral is to be made to CSS for paternity establishment.
This may occur at the time of initial approval or when the father begins
living in the home at a later time. Expedited Paternity referrals will
be sent on the system. The relationship of the presumed father and
child will be treated as unrelated until paternity has been established. If the mother and father state that he is the biological father of the
child, the worker will make an Expedited Paternity referral on the system
and share this information in the referral. They must
cooperate in establishing paternity. A copy of the notice and any supporting
documentation as established by the area are to be sent to the appropriate
CSS Unit. Following this, one of the following actions will occur:
- If either the mother or father fails to contact or otherwise cooperate
with CSS or chooses not to sign the required paternity related forms,
CSS shall promptly notify the worker.
Failure of the mother or father to cooperate in establishing paternity
by not contacting CSS or refusing to sign required documents for reasons
other than claiming his paternity to the child is questionable shall
result in ineligibility for the mandatory filing unit of the child
per provisions in 2165. See 2165.2
for food assistance.
If the father cooperates, but chooses not to sign required documents
because paternity is questioned, he shall be treated for TANF purposes
as a cohabitant. (see 4100). If she refuses
to sign required documents because she states the paternity is questionable,
she will be eligible as long as she otherwise cooperates in the establishment
of paternity. In these situations, the worker will process the application
or ongoing TANF case based on the provisions of 4100.
- If the mother and alleged father contact CSS and, following disclosure
of basic information including rights and responsibilities, sign the
required paper(s), CSS will notify the worker that paternity has been
acknowledged.
Generally, the process can be accomplished within ten working days. A case should not be pended while waiting for this determination.
For food assistance, if paternity is not established, an expedited paternity
referral is to be sent to CSS. Benefits shall not be delayed for the pending
referral if the household is otherwise eligible.
2167.2 Special
Case Situations
- Legal vs. Biological (Alleged)
Father. In these situations the mother is currently or was
married to a different person at the time she was pregnant or during
the child's birth. This establishes a legal father contrary to claims
that the real (biological) father is in the home. When these circumstances
are identified, both the mother and alleged father may volunteer for
referral to CSS pending the eligibility determination. In the contact
CSS will be able to do a more in-depth analysis of the circumstances
at the time of the child's birth and advise the clients of legal aspects
of the situation. If CSS responds that a voluntary order is obtained,
the worker will process the case considering paternity established
with the father in the home. However, in most instances CSS 's response
may be that a legal father exists and a voluntary order is not possible.
This will not affect the MFU. See 4100.
If the persons do not volunteer or do not follow through
with this referral to CSS pending eligibility, or if CSS responds
that a voluntary order is not possible, the alleged father is to be
treated as a cohabitant (for TANF purposes)to the child in question
and the case is to be processed in that manner. In such instances,
the child support referral should list the legal father as the absent
parent and a comment message "Paternity Referral-Legal
vs. Alleged Father" included. Since this initial process is voluntary,
the MFU is not subject to loss of assistance or penalty prior to approval.
However, a penalty is applicable if they fail to cooperate with any
CSS requirements following case approval. See 2165.2
for food assistance if they fail to cooperate.
- Minor Parent. If one
parent is an adult and the other emancipated or if both parents are
emancipated, the case is to be treated as though both are adults and
handled as described at the beginning of this section (i.e., screened
for paternity establishment, referred to CSS pending eligibility if
necessary and penalties applied to the mandatory filing unit for noncooperation).
See 2112 for emancipation requirements.
Note that this provision does not apply if either parent is able to
act in own behalf only through provisions in 2112.
If either parent is a minor and not emancipated, CSS cannot expeditiously
process a voluntary order. This is because appointment of a guardian
ad litem is required and generally takes considerable time. For these
situations (or if paternity is otherwise established by marriage or
court order), the case may be approved treating him as the father
without a referral to CSS pending eligibility. A referral must be
made to CSS at the time of case approval, however, if paternity is
not otherwise established. The CSS referral should be completed with
information on the minor father and a comment message "Minor
Parent Paternity Referral" included.
- Single Parent Father.
This situation addresses circumstances in which the father is in the
home while the mother is absent, and he is unable to document paternity
to a child(ren) through marriage or a court order.
If the mother is available (e.g., lives in the community) and agrees
to cooperate in the process, or if she is deceased and substantiation
of death is readily available, a referral to CSS for paternity establishment
pending eligibility is required and handled per general instructions
earlier in this section.
If he fails to cooperate, the mandatory filing unit is ineligible.
See 2165.2 for food assistance.
If he cooperates, but does not sign a voluntary order because he questions
paternity, he is treated as a nonrelative to the child and can receive
assistance only if he otherwise qualifies as a caretaker or cohabitant
(4100). For food assistance, if he is
exercising parental control over the child, he can get food assistance
for himself and the child.
If the mother is not available or if documentation of her death
is not readily available, the case is to be processed treating him
as the father provided other documentation and/or prudent person judgement
would merit such. Upon case approval, the CSS referral must be completed
listing the mother as the absent parent and a comment message "Single
Parent Father" included. The father continues to be required
to cooperate or the mandatory filing unit is subject to loss of eligibility
per 2165 above. See 2165.2
for food assistance non-cooperation.
After the case has been processed either including or excluding
persons as appropriate, the qualifying parent(s) continues to be responsible
to cooperate in establishing or finalizing paternity as necessary.
Failure to do so shall result in ineligibility for assistance per
provisions in 2165 above. See
2165.2 for food assistance non-cooperation.