106 CMR, § 703.522 - TAFDC Circumstances under Which Cooperation May Be Against the Best Interests of the Child

(A) Requirements. Cooperation in establishing paternity and securing support is only against the best interests of the child if cooperation of the grantee, or a teen parent who is not the grantee, is reasonably anticipated to result in:

(1) physical harm of a serious nature to the child for whom support is sought, or to the relative with whom the child is living which would reduce his or her capacity to care for the child adequately; or

(2) an emotional impairment that substantially affects the functioning of the child for whom support is sought, or of the relative with whom the child is living, and which would reduce his or her capacity to care for the child adequately.

(B) For every good cause determination which is based in whole or in part upon anticipation of emotional harm to the child or relative, the worker must consider the following:

(1) the present emotional state of the individual subject to harm;

(2) the emotional health history of the individual subject to harm;

(3) the intensity and probable duration of the harm;

(4) the degree of cooperation to be required; and

(5) the extent of the child's involvement in the paternity establishment or support enforcement activity to be undertaken.

Notes

106 CMR, § 703.522

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