Haw. Code R. § 17-653-19 - Determination of good cause for refusing to cooperate

(a) The department shall determine whether good cause exists for the family's failure to comply with the requirements of section 17-653-18:

(1) With respect to establishing paternity or securing support for a child, the department shall make a determination that good cause exists only if the evidence establishes that cooperation is against the best interests of the child.

(2) With respect to securing support for individuals not covered by paragraph (1), the department shall make a determination that good cause exists only if the evidence establishes that cooperation will result in reprisal against or cause physical or emotional harm to the applicant or recipient.

(b) When the department determines that good cause exists, the department shall make a further determination of whether child or medical support enforcement could proceed without risk of harm to the family provided the enforcement or collection activities will not involve the family's participation.

(c) The good cause determination shall be made on a case-by-case evaluation of the circumstances and evidence provided.

Notes

Haw. Code R. § 17-653-19

[Eff 3/19/93] (Auth: HRS § 346-14) (Imp: HRS § 346-37.1; 42 C.F.R. §433.147; 45 C.F.R. §232.40 )