106 CMR, § 703.521 - TAFDC Grounds for Good Cause

Good cause is present if:

(A) The child was conceived as a result of incest or rape;

(B) Legal proceedings for the adoption of the child are pending before a court;

(C) The grantee, or a teen parent who is not the grantee, is currently being assisted by a public or licensed private social agency to determine whether adoption is appropriate, and the assistance has not exceeded three months; or

(D) Cooperation would result in serious harm or emotional impairment to the child or the relative with whom the child resides.

(E) Verification of Good Cause.

(1) A claim of good cause must be verified by one of the following:

(a) birth certificate or medical or law enforcement records that indicate that a child was conceived as the result of incest or rape. Acceptable medical records shall include records reflecting the judgment of disinterested third parties including, but not limited to, counselors, therapists, or any other medical or psychological health professional that conception is the result of rape;

(b) court documents or other records showing adoption proceedings are pending before a court;

(c) court, medical, criminal, child protective services, social service, psychological, or law enforcement records that indicate the putative or noncustodial parent might inflict physical or emotional harm on the child or relative;

(d) medical records regarding the emotional health history and present emotional health status of the relative of the child or the child for whom support would be sought, that indicate emotional harm would result from cooperation, or written statements from a mental health professional indicating such harm; or

(e) a written statement from a public or licensed private social agency that the grantee, or a teen parent who is not the grantee, is being assisted by the agency to resolve the issue of whether to keep the child or pursue adoption.

(2) When none of the items listed in 106 CMR 703.521(E)(1) is present or conclusive, a sworn statement from the grantee or the teen parent, and at least one other individual with knowledge of the circumstances that provide the basis for the claim of good cause, may support the claim of good cause.

Notes

106 CMR, § 703.521

Adopted by Mass Register Issue 1360, eff. 3/9/2018. Amended by Mass Register Issue 1396, eff. 5/15/2019.