Iowa Admin. Code r. 441-95.11 - [Effective 4/1/2025] Cooperation of public assistance recipients in establishing and obtaining support
If a person who is a recipient of FIP or Medicaid is required to cooperate with child support services in establishing paternity; in establishing, modifying, or enforcing child or medical support; or in enforcing spousal support, the following apply:
(1)
Cooperation defined. The
person will cooperate in good faith in obtaining support for persons whose
needs are included in the assistance grant or Medicaid household, except when
good cause or other exception as defined in 441-Chapter 41 or 75 for refusal to
cooperate is established.
a. The person will
cooperate in the following areas:
(1)
Identifying and locating the parent of the child for whom assistance or
Medicaid is claimed.
(2)
Establishing the paternity of a child born out of wedlock for whom assistance
or Medicaid is claimed.
(3)
Obtaining support payments for the person and the child for whom assistance is
claimed and obtaining medical support for the person and child for whom
Medicaid is claimed.
b.
Cooperation includes the following actions by the person if the action is
requested by child support services:
(1)
Providing the name of the noncustodial parent and additional necessary
information.
(2) Appearing at child
support services to provide verbal or written information or documentary
evidence known to, possessed by, or reasonably obtained by the person that is
relevant to achieving the objectives of the child support program.
(3) Appearing at judicial or other hearings,
proceedings, or interviews.
(4)
Providing information or attesting to the lack of information under penalty of
perjury.
(5) If the paternity of
the child has not been legally established, submitting to blood or genetic
tests pursuant to a judicial or administrative order. The person may be
requested to sign a voluntary affidavit of paternity after being given notice
of the rights and consequences of signing such an affidavit as required by Iowa
Code section 252A.3A. However, the person
will not be required to sign an affidavit or otherwise relinquish the right to
blood or genetic tests.
c. The person will cooperate with child
support services to the extent of supplying all known information and documents
pertaining to the location of the noncustodial parent and taking action as may
be necessary to secure or enforce a support obligation, establish paternity, or
secure medical support. A person's cooperation with child support services
includes completing and signing a form prescribed by the department, if
requested, as well as documents determined to be necessary by the state's
attorney for any relevant judicial or administrative
process.
(2)
Failure to cooperate. Child support services will make the
determination of whether a person has cooperated. Child support services will
promptly send notice of a determination of noncooperation to the person on a
form prescribed by the department and notify the FIP and Medicaid programs, as
appropriate, of the noncooperation determination and the reason for the
determination. The FIP and Medicaid programs will take appropriate sanctioning
actions as provided in statute and rules.
(3)
Good cause or other
exception.
a. A person who is a
recipient of FIP assistance may claim a good cause or other exception for not
cooperating, taking into consideration the best interests of the child as
provided in 441-Chapter 41.
b. A
person who is a recipient of Medicaid may claim a good cause or other exception
for not cooperating, taking into consideration the best interests of the child
as provided in 441-Chapter 75.
Notes
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