55 Pa. Code § 187.23 - Requirements
(a)
Applicability. This chapter applies to applicants for and
recipients of cash assistance if there is: The reported absence of a parent
from the home of an unemancipated minor child; a putative father for an
unemancipated minor child; or a spouse absent from the home. The absence of a
parent from the home is determined according to the requirements under §
153.44(a)
(relating to procedures).
(b)
Cooperation requirements for child support. As a condition of
eligibility for cash assistance, every applicant or recipient seeking or
receiving cash assistance on behalf of an unemancipated minor child shall
cooperate in establishing paternity of an unemancipated minor child with
respect to whom assistance is sought and cooperate in obtaining support from an
LRR for the unemancipated minor child, unless the applicant or recipient
establishes good cause for failing to do so. Cooperation includes taking the
following actions:
(1) Identifying the
parents of an unemancipated minor child for whom assistance is sought or
received, including appearing for scheduled genetic testing with the child and
submitting to the testing.
(i) Failure of the
mother to identify by name the father of an unemancipated minor child shall
create a presumption of noncooperation which may be rebutted only by clear and
convincing evidence.
(ii) If the
applicant or recipient provides the names of two putative fathers subsequently
excluded from paternity by genetic testing, the second exclusion shall create a
presumption of noncooperation, which may be rebutted only by clear and
convincing evidence.
(2)
Keeping scheduled appointments with the Department or the DRS.
(3) Providing truthful and accurate
information and documents requested by the Department or the DRS.
(i) When the whereabouts of a parent or
putative father are unknown, the applicant or recipient will be required to
take whatever steps are appropriate to the individual circumstances to locate
the missing parent or putative father. This may include contacting relatives
and friends for information about the whereabouts of the parent or putative
father or giving consent to the CAO to contact other agencies, relatives and
other individuals, or possible employers and similar resources.
(ii) The CAO will provide whatever help is
appropriate to the individual circumstances of the applicant or recipient to
assist in locating the missing parent or putative father and supplement the
efforts of the applicant or recipient by checking appropriate governmental
records.
(iii) Together, the CAO
and the applicant or recipient will plan and agree on the specific steps to be
taken to locate the missing parent or putative father. Assistance will be
authorized or continued on the agreement of the applicant or recipient to take
the specific steps within the time set for doing so.
(4) Signing and returning any forms requested
by the Department or the DRS.
(5)
Appearing as a witness and providing testimony at judicial and other hearings
as requested by the DRS.
(6) Paying
to the Department any support payment received directly from an absent parent
after an assignment of support has been made.
(c)
Cooperation criteria for spousal
support. As a condition of eligibility for cash assistance, every
applicant or recipient seeking or receiving cash assistance on behalf of
himself and for whom there is an absent spouse shall cooperate in obtaining
support unless the applicant or recipient establishes good cause for failing to
do so. Cooperation includes the following:
(1)
Naming the absent spouse.
(2)
Keeping scheduled appointments with the Department or the DRS.
(3) Providing truthful and accurate
information and documents requested by the Department or the DRS.
(i) When the whereabouts of a spouse is
unknown, the applicant or recipient shall take whatever steps are appropriate
to the individual circumstances to locate the missing spouse. This may include
contacting relatives and friends for information about the whereabouts of the
spouse or giving consent to the CAO to contact other agencies, relatives and
other individuals or possible employers and similar resources.
(ii) The CAO will provide whatever help is
appropriate to the individual circumstances of the applicant or recipient to
assist in locating the missing spouse and supplement the efforts of the
applicant or recipient by checking appropriate governmental records.
(iii) Together, the CAO staff and the
applicant or recipient will plan and agree on the specific steps to be taken to
locate the missing spouse. Assistance will be authorized or continued on the
agreement of the applicant or recipient to take the specific steps within the
time set for doing so.
(4) Signing and returning any forms requested
by the Department or the DRS.
(5)
Appearing as a witness and providing testimony at judicial and other hearings
as requested by the DRS.
(6) Paying
to the Department any support payment received directly from an absent spouse
after an assignment of support has been made.
(d)
Cooperation prior to
authorization. Except as provided in paragraphs (3) and (4), every
applicant or recipient of cash assistance shall cooperate in establishing
paternity and obtaining support. The applicant or recipient shall:
(1) Appear before the DRS or other applicable
division of the court of common pleas and provide to the CAO certification from
the DRS of cooperation by the applicant or recipient of cash assistance in
establishing paternity and in obtaining support.
(2) Cooperate with the procedures established
for the county when a waiver of the personal appearance requirement is in
place. The Secretary is authorized to waive the personal appearance requirement
under paragraph (1) if another procedure would be as effective and efficient
and a family court or DRS requests a waiver.
(3) In the case of a newborn, cooperate with
the requirements under §
133.23(b)(4)(v)
(relating to requirements).
(4)
File a good cause claim. The cooperation requirements are waived from the time
a good cause claim is filed until the CAO, court of common pleas or DRS makes a
determination on the claim. If the CAO, court of common pleas or DRS determines
that good cause exists, the cooperation requirements are waived as long as the
good cause exists.
(e)
Assignment of support rights. Acceptance of cash assistance
shall operate as an assignment to the Department, by operation of law, of the
assistance recipient's rights to receive support, on the recipient's own behalf
and on behalf of any family member with respect to whom the recipient is
receiving cash assistance. The assignment shall be effective only up to the
amount of assistance received. The assignment shall take effect at the time
that the individual is determined to be eligible for assistance. Upon
termination of assistance payments, the assignment of support rights shall
terminate, provided that any amount of unpaid support obligations shall
continue as an obligation to and collectible by the Department to the extent of
any unreimbursed assistance consistent with Federal law.
Notes
The provisions of this § 187.23 amended under sections
201(2), 403(b) and 432 of the Public Welfare Code (62 P. S. §§
201(2),
403(b) and 432); the Support
Law (62 P. S. §§
1971-1977); Titles I and III of
the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(Pub. L. No.
This section cited in 55 Pa. Code § 125.1 (relating to policy); 55 Pa. Code § 133.23 (relating to requirements); 55 Pa. Code § 141.21 (relating to policy); 55 Pa. Code § 183.901 (relating to putative father/voluntary child support-statement of policy); 55 Pa. Code § 187.25 (relating to notification to the applicant or recipient); 55 Pa. Code § 187.26 (relating to noncooperation); and 55 Pa. Code § 187.73 (relating to requirements).
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