Tenn. Comp. R. & Regs. 1240-01-48-.05 - GOOD CAUSE FOR REFUSAL TO COOPERATE

A client claiming good cause for refusal to cooperate has the burden of establishing the existence of a good cause circumstance.

(1) Client Requirements. To establish good cause, the client will be required to:

(a) Specify the circumstances which he/she believes provide sufficient good cause for non-cooperation;

(b) Substantiate the good cause circumstances; and

(c) If requested, provide sufficient information to permit an investigation.

(2) Good Cause Circumstances. Only when one of the following circumstances is substantiated will it be determined that the client's cooperation is against the best interests of the child and there is good cause for refusal to cooperate:

(a) The client's cooperation is reasonably anticipated to result in physical or serious emotional harm to the child for whom support is to be sought; or

(b) The client's cooperation is reasonably anticipated to result in physical or serious emotional harm of such nature or degree that it reduces his/her capacity to provide adequate care for the child; or

(c) Proceedings to establish paternity or collect support in the particular case would be detrimental to the child because the child was conceived as a result of incest or forcible rape; or

(d) Legal proceedings for the adoption of the child are pending before a court of competent jurisdiction; or

(e) The client is currently (for a period of not more than three months) being assisted by a public or licensed private social agency to decide whether to keep the child or relinquish for adoption.

(3) Proof of Good Cause Claims.

(a) The decision of good cause will be based upon evidence supplied by the client within 20 days after the claim is made. Only in exceptional situations, and with supervisory approval, will the Department grant a client's request for an additional period of time. Otherwise, the claim will be denied.

(b) The determination may be based upon an investigation by the Department in certain limited circumstances, such as in cases of anticipated physical harm when the A/R states there is no documentary evidence, and in cases where the evidence submitted by the A/R is questionable and so requires further verification and/or investigation.

(c) Corroborative Evidence.

1. Documentary Evidence. Evidence submitted by the client will be carefully evaluated to determine whether it actually verifies the claim. The following types of evidence may be used to substantiate a good cause claim:

(i) Birth certificates or medical or law enforcement records which indicate that the child was conceived as the result of incest or forcible rape;

(ii) Court documents or other records which indicate that legal proceedings for adoption are pending before a court of competent jurisdiction;

(iii) Court, medical, criminal, child protective services, social services, psychological, or law enforcement records which indicate that the absent parent might inflict physical or emotional harm on the child or caretaker relative if cooperation is required;

(iv) Medical records which indicate emotional health history and present emotional health status of the caretaker relative or the child for whom support would be sought, or written statements from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the caretaker relative or the child.

(v) A written statement from a public or licensed private social agency that the A/R is being assisted by the agency to resolve the issue of whether to keep the child or relinquish the child for adoption; and

(vi) Notarized statements from individuals other than the A/R with knowledge of the circumstances on which the good cause claim is based.

2. Emotional Harm Documentation. For every good cause determination based in whole or in part upon anticipated emotional harm to the child or caretaker, the following points will be considered:

(i) The present emotional state of the individual;

(ii) The emotional health history of the individual;

(iii) The intensity and probable duration of the emotional impairment;

(iv) The degree of cooperation to be required; and

(v) The extent to which the child will be involved in the paternity establishment or support enforcement activity.

3. Securing Documents. The client has the primary responsibility for obtaining any necessary documents. However, the Department will secure information that is available to it through automated sources or when it is more reasonable for the agency to secure the information.

4. Additional Information Required. If an examination of the evidence indicates that additional information is necessary in order to make a decision, the Department will promptly notify the client, specifying the type of document which is needed.

5. Documentary Evidence Not Available - Physical Harm. An investigation will be conducted when a good cause claim of anticipated physical harm appears credible without substantiating evidence and such evidence is not available.

6. Documentary Evidence Insufficient for Determination. If the A/R's statement and the evidence submitted do not provide a sufficient basis for making a decision, the Department may further verify the claim and, where necessary, conduct an investigation. The investigation may include contact of the absent parent if necessary for a determination. Prior to such contact, however, the client will be notified so that he/she may:

(i) Present additional corroborative evidence to make the contact unnecessary;

(ii) Withdraw the application for assistance or have the case closed; or

(iii) Have the good cause claim denied.

(4) Granting or Continuation of Assistance During Good Cause Determination. If the client has complied with the requirement for providing corroborative evidence, assistance shall not be denied, delayed, or discontinued pending the determination of whether or not good cause for refusal to cooperate exists.

(5) Decisions on Good Cause Claims.

(a) Time Standards for Processing Claim.

1. A final decision on each good cause claim must be made within 45 days of the date the claim is made.

2. The time standard may be exceeded only if:

(i) information required to verify and/or investigate the claim could not be obtained within the time standard, or

(ii) the client did not provide corroborative evidence within the 20 day period specified in (3)(a) above and supervisory approval for the extension has been granted.

3. The client must be advised promptly in writing of the decision and the basis for the determination.

(b) Approval of Good Cause Claim. If the evidence and/or the investigation substantiate that good cause exists, the Department will notify the client, advising him/her that the Office of Child Support Services will not proceed with any activities to establish paternity and/or secure support in relation to the particular absent parent and child(ren) as long as the good cause circumstances exist.

(c) Periodic Review of Approved Good Cause Claims. The decision will be reviewed at each eligibility redetermination only if the original decision was based on a circumstance that is subject to change.

(d) Denial of Good Cause Claim.

1. A good cause claim may be denied if:

(i) the client has not furnished evidence within 20 days and has not requested assistance in obtaining the evidence nor requested and been granted an extension of the time limit;

(ii) the evidence submitted does not substantiate the claim and the client has not submitted additional evidence which does corroborate it;

(iii) the client has not provided information necessary for an agency investigation if this is needed; or

(iv) documentary evidence or agency investigation substantiate that the claim is not valid.

2. If the decision is that good cause does not exist, the client will be notified of the decision and given an opportunity to cooperate, withdraw the application for assistance, or have the case closed. In the event of continued refusal to cooperate, the IV-D sanctions will be applied to the case.

3. A redetermination of a previously denied claim of good cause will be made only if there is new documentary evidence or information provided which indicates a need for further action or investigation. A client who has been penalized for failure to cooperate after his/her good cause claim was denied must remain under penalty unless good cause is later substantiated (or the client demonstrates willingness to cooperate.)

(6) Coordination with the IV-D Agency. The IV-D agency will be kept advised of good cause activities on approved Families First cases.

Notes

Tenn. Comp. R. & Regs. 1240-01-48-.05

Original rule filed December 2, 1996; effective February 15, 1997.

Authority: T.C.A. §§ 4-5-201 et seq., 71-1-105, Public Acts of 1996, Chapter 950, and 45 CFR 232.40 through 232.47.