106 CMR, § 703.523 - TAFDC Final Determination of Good Cause

(A) Requirements. After considering the evidence provided by the grantee, or teen parent who is not the grantee, the worker must determine:

(1) whether or not the grantee, or teen parent, has good cause for not cooperating with the child support requirements; and

(2) whether or not DOR can proceed without risk or harm to the child or the grantee, or teen parent, since the DOR activities do not involve their participation.

(B) The final determination must be made within 30 days of the good cause claim, except when the worker has documented that extra time is needed to obtain additional evidence.

(C) The written determination must:

(1) contain the basis for the determination;

(2) be reviewed and approved by the supervisor; and

(3) be made a part of the case record.

(D) If the worker finds that good cause does not exist, the grantee, or the teen parent who is not the grantee, must be notified in writing of the basis for determination, and given an opportunity to cooperate or withdraw the request for assistance.

If the grantee, or teen parent, does not withdraw the request for assistance, the worker shall notify DOR to proceed with the child support enforcement efforts.

If the grantee, or teen parent, does not cooperate with DOR, he or she must be removed from the assistance unit and vendor payments must be instituted, to the extent possible. The grantee retains the right to appeal such action.

(E) If the worker finds that good cause exists, but determines that DOR may proceed to establish paternity or enforce support without placing the grantee, teen parent, or the dependent child at risk of physical or emotional harm, the worker must notify the grantee or the teen parent in writing. This notice must include a summary of the worker's determination and basis for determination. It must also tell the grantee that he or she has the right to withdraw the request for assistance or to have the case closed. If the grantee does not withdraw the request for assistance, the worker shall notify DOR to proceed with child support enforcement efforts.

Notes

106 CMR, § 703.523

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