2162 Good Cause for Failure to Cooperate - In rare instances the caretaker may be deemed to have good cause for refusing to cooperate in establishing paternity and securing support payments. Examples of such cases would be those in which it has been determined that pursuing paternity/support is against the best interest of the child or the caretaker. EES staff have the ultimate responsibility for determining the validity of good cause claims; CSS and Prevention and Protection Services staff may also be involved in making a recommendation for such determinations to EES.
For food assistance, if the person is receiving TANF or Child Care and has already been determined to be cooperating, or has been determined to have good cause for not cooperating, then it shall be determined that the individual is cooperating for food assistance purposes.
The caretaker is primarily responsible for providing documentary evidence required to substantiate a good cause claim. When necessary, the agency shall assist the client in securing any evidence that the client cannot reasonably obtain.
Good cause for failure to cooperate must relate to one of the following criteria:
Good cause claims must be confirmed or substantiated. Uncorroborated statements of the caretaker do not constitute documentary evidence; the mere belief that pursuing paternity or support is not in the client's or the child's best interest is not sufficient evidence. An individual’s statement and one corroborating piece of evidence shall meet the burden of proof unless there is an independent reasonable basis to doubt the veracity of the statement. Evidence may include, but is not limited to:
Police or court records,
Court documents which indicate that
legal proceedings for adoption of the child are pending,
Protection from abuse (PFA) orders
(filed for and/or obtained),
Written statement from a public
or licensed private social agency substantiating the fact that the
client is involved in resolving the issue of whether to keep or relinquish
the child for adoption,
Documentation from a shelter worker,
attorney, clergy, medical or other professional from whom the client
has sought assistance,
Other corroborating evidence such
as a statement from any other individual with knowledge of the circumstances
which provide the basis for the claim, or physical evidence of domestic
violence or any other evidence which supports the statement.
Exception: Regardless of
the policy in this section regarding uncorroborated statements by caretakers,
in extremely rare situations such as when an individual is in hiding and
is afraid that there could be information disclosed that could reveal
her whereabouts and where the worker does not doubt the veracity of the
individual’s statement, a written statement from the victim signed under
penalty of perjury shall meet the burden of proof.
In most instances a good cause determination should be made within 60
days following the receipt of such claim. Exceptions to this would include
such situations as when the evidence is extremely difficult to obtain.
The Career Navigator is required to notify eligibility staff when good
cause has been established for work program participants due to domestic
violence. EES is responsible for notifying CSS of pending good cause claims
and subsequent determinations. On new cases this can often be accomplished
at the time initial eligibility is determined. For child care, specialists
should complete the good cause fields on KEES to notify CSS if the claim
is pending, confirmed, or denied. The good cause provisions do not negate
the timely referral of absent parent cases to CSS . Once a claim of good
cause has been substantiated, it shall be reviewed as often as necessary
and at each periodic review.
EES staff shall not deny, delay, or discontinue assistance pending a good cause determination as long as the caretaker has complied with the requirement of providing evidence or other necessary information. If assistance is granted pending a determination of good cause and it is subsequently determined that the claim is invalid, the assistance granted shall not be considered an overpayment.
NOTE: Do not confuse cases
that involve good cause with routine cases of noncooperation. A client's
claim of good cause does not negate the requirement for the assignment
of support rights.
2162.1 Grandparent as Caregiver
Good Cause for Failure to Cooperate - In rare instances the caretaker
may have good cause for refusing to cooperate in establishing paternity
and securing support payments, as described in 2162.
The caretaker is primarily responsible for providing documentary evidence
required to substantiate a good cause claim. When necessary, the agency
shall assist the client in securing any evidence that the client cannot
reasonably obtain.
Grandparent cases not meeting one of the good cause criteria listed in
2162 may meet good cause criteria for non-cooperation
with CSS if all of the following exist:
Specific, formal documentation (for example, a police report) is not
required, but the caretaker relative must have some factual basis for
his/her expectation that CSS activity would cause loss of physical custody.
Examples of such factual basis include, but are not limited to, recent
oral or written statements by the parent or prior actions by the parent.
Credibility is determined by the participating members of the DCF Integrated
Services Team.
NOTE: If the child has more than one absent parent, the
determination of good cause must be made independently for each parent.