7 AAC 100.044 - Good cause for refusal to cooperate with child support services agency

Current through December 2, 2021

(a) In accordance with 7 AAC 100.042(b) (7), the department will find that good cause for refusal to cooperate with the child support services agency exists if
(1) cooperation would increase the risk of physical harm to the child, custodial parent, or caretaker relative;
(2) cooperation would increase the risk of emotional harm to the child, custodial parent, or caretaker relative that would reduce the custodial parent's or caretaker relative's ability to care for the child adequately; or
(3) proceedings to establish paternity or to secure medical support would be detrimental to the child because
(A) the child was conceived as a result of incest or as a result of an action that would constitute the crime of sexual assault in the first degree, as defined in AS 11.41.410;
(B) legal proceedings for adoption of the child are pending before a court; or
(C) the custodial parent or caretaker relative is currently being assisted by a public or licensed private social service agency to resolve the issue of whether to keep the child or to relinquish the child for adoption.
(b) The department will, without further investigation, accept the following documentary evidence as satisfactory proof of good cause not to cooperate with the child support services agency:
(1) a birth certificate, medical report, or law enforcement record that shows that the child was conceived as a result of incest or as a result of an action that would constitute the crime of sexual assault in the first degree as defined in AS 11.41.410;
(2) court records or other written records that show that proceedings to adopt the child are now pending before a court;
(3) a written statement or other document from a public or licensed private social service agency showing that the custodial parent or caretaker relative is being aided in determining whether to relinquish the child for adoption and that the aid has been provided for 90 days or less;
(4) a written statement provided by a health care professional, a representative of a child protection or social services agency, a domestic violence counselor, or a representative of the court or a law enforcement agency that indicates to the department that the individual believed to be the noncustodial parent, or the parent of a child born while the mother was not married, might inflict physical harm upon the custodial parent, caretaker relative, or child;
(5) a written statement or other evidence provided by a mental health professional that
(A) describes the current and anticipated emotional health of the custodial parent, caretaker relative, or child; and
(B) indicates to the department that cooperation with the child support services agency would have and adverse effect on the emotional health of the custodial parent, caretaker relative, or child, and that the adverse effect would not be in the best interests of the child, or would reduce the custodial parent's or caretaker relative's ability to care for the child adequately;
(6) statements from individuals other than the custodial parent or caretaker relative that support a claim of good cause under this section.
(c) If the custodial parent or caretaker relative indicates that no evidence is available to support a claim under (b)(4) of this section, the department will evaluate the claim and, if the claim is credible, may find that good cause exists without corroborating evidence under (b)(4) of this section.
(d) The department will, upon the custodial parent's or caretaker relative's request, assist the custodial parent or caretaker relative in obtaining the needed information to support a claim under (b)(4) of this section.
(e) In determining whether good cause for refusing to cooperate exists because of potential emotional harm to the child, custodial parent, or caretaker relative under (a)(2) of this section, the department will consider
(1) the current emotional health of the individual subject to potential emotional harm;
(2) the history of that individual's emotional health;
(3) the probable intensity and duration of the potential emotional harm;
(4) the amount of cooperation needed from the custodial parent or caretaker relative; and
(5) the amount of involvement of the child needed to establish paternity or enforce medical support obligations.
(f) The department will decide each claim of good cause and will notify the custodial parent or caretaker relative of the department's decision in writing no later than 30 days after the child support services agency receives a signed claim of good cause form from the custodial parent or caretaker relative. While a claim of good cause is pending, the custodial parent or caretaker relative is not required to show cooperation with the child support services agency.
(g) The department will report to the child support services agency each decision made concerning a claim of good cause. The child support services agency may request reconsideration of that decision.

Notes

7 AAC 100.044
Eff. 7/20/2007, Register 183

Authority:AS 47.05.010

AS 47.07.025

AS 47.05.040

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