CASE MANAGEMENT

CASE MANAGEMENT

CS 059P Applicant/Recipient Cooperation – General Information, Forms, and Specified Relative

10/87 Revised 06/02/23 Training Completed 06/16/23 Last Reviewed 12/31/24

Statutory Authority

U.C.A. 26B-9-104(1)(j) requires the Office of Recovery Services/Child Support Services (ORS/CSS), “to determine whether an individual who has applied for or is receiving cash assistance or Medicaid is cooperating in good faith with the office as required by Section 26B-9-213; . . . .”

U.C.A. 26B-9-213 states,

“(1) An obligee whose rights to support have been assigned under Section 35A-3-108 as a condition of eligibility for public assistance has the following duties:

(a) Unless a good cause or other exception applies, the obligee shall, at the request of the office:

(i) cooperate in good faith with the office by providing the name and other identifying information of the other parent of the obligee's child for the purpose of:

(A) establishing paternity; or

(B) establishing, modifying, or enforcing a child support order;

(ii) supply additional necessary information and appear at interviews, hearings, and legal proceedings; and

(iii) submit the obligee's child and himself to judicially or administratively ordered genetic testing.

(b) The obligee may not commence an action against an obligor or file a pleading to collect or modify support without the office's written consent.

(c) The obligee may not do anything to prejudice the rights of the office to establish paternity, enforce provisions requiring health insurance, or to establish and collect support.

(d) The obligee may not agree to allow the obligor to change the court or administratively ordered manner or amount of payment of past, present, or future support without the office's written consent.

(2) (a) The office shall determine and redetermine, when appropriate, whether an obligee has cooperated with the office as required by Subsection (1)(a).

(b) If the office determines that an obligee has not cooperated as required by Subsection (1)(a), the office shall:

(i) forward the determination and the basis for it to the Department of Workforce Services, which shall inform the department of the determination, for a determination of whether compliance by the obligee should be excused on the basis of good cause or other exception; and

(ii) send to the obligee:

(A) a copy of the notice; and

(B) information that the obligee may, within 15 days of notice being sent:

(I) contest the office's determination of noncooperation by filing a written request for an adjudicative proceeding with the office; or

(II) assert that compliance should be excused on the basis of good cause or other exception by filing a written request for a good cause exception with the Department of Workforce Services.

(3) The office's right to recover is not reduced or terminated if an obligee agrees to allow the obligor to change the court or administratively ordered manner or amount of payment of support regardless of whether that agreement is entered into before or after public assistance is furnished on behalf of a dependent child.

(4) (a) If an obligee receives direct payment of assigned support from an obligor, the obligee shall immediately deliver that payment to the office.

(b) (i) If an obligee agrees with an obligor to receive payment of support other than in the court or administratively ordered manner and receives payment as agreed with the obligor, the obligee shall immediately deliver the cash equivalent of the payment to the office.

(ii) If the amount delivered to the office by the obligee under Subsection (4)(b)(i) exceeds the amount of the court or administratively ordered support due, the office shall return the excess to the obligee.

(5) (a) If public assistance furnished on behalf of a dependent child is terminated, the office may continue to provide paternity establishment and support collection services.

(b) Unless the obligee notifies the office to discontinue these services, the obligee is considered to have accepted and is bound by the rights, duties, and liabilities of an obligee who has applied for those services.”

General Information

Based on national welfare reform passed in 1996, Utah state law was changed to give ORS/CSS, the state Title IV-D agency, total responsibility for determining whether a IV-A applicant or recipient (who has assigned his/her support rights to the state) is cooperating “in good faith” in establishing paternity, and in establishing, modifying and enforcing a child support order. However, prior to the law change, the Department of Workforce Services (DWS), the state IV-A agency, was responsible for determining IV-A applicant/recipient cooperation. Now, DWS is only responsible for determining when they believe there is “good cause or other exception” for the IV-A applicant/recipient not to cooperate with CSS.

All IV-A applicants/recipients must meet CSS cooperation requirements (found in R527-39 Applicant/Recipient Cooperation, below) unless CSS has determined that the applicant/recipient is not able to meet the cooperation requirements and is cooperating in good faith, or DWS grants good cause or other exception to cooperation. Non-IV-A applicants must also cooperate with CSS in order for CSS to take necessary case actions.

R527-39-3. Cooperation Requirements.

“(1) Unless a good cause determination has been made by the IV-A or Medicaid agency, a recipient of IV-A or non-IV-A Medicaid services, with some Medicaid program exceptions, must cooperate with ORS. Cooperation requirements include:

(a) identifying and locating the parent of a child for whom aid is claimed;

(b) establishing the paternity of a child born out of wedlock for whom aid is claimed;

(d) obtaining support payments for the recipient and for a child for whom aid is claimed, unless the non-IV-A Medicaid recipient has declined child support services;

(e) obtaining any other payments or property due the recipient or the child; and

(f) obtaining and enforcing an order for medical support.

(2) The recipient must cooperate with ORS with specific actions that are necessary for the achievement of the objectives provided in Section R527-39-3(1)(a) through (f), as follows:

(a) appearing at the ORS office to provide verbal or written information, or documentary evidence, known to, possessed by, or reasonably obtainable by the recipient;

(b) participating at judicial or other hearings or proceedings;

(d) turning over to ORS any support payments received from the obligor after the Assignment of Collection of Support Payments has been made; and

(e) complying with a judicial or administrative order for genetic testing.”

NOTE: As defined in R527-39-2, “recipient” refers to an applicant or recipient of IV-A or non-IV-A Medicaid Services.

The cooperation requirements and procedures are different for IV-A applicants/recipients (depending upon whether paternity needs to be established), applicants/recipients who are receiving Medicaid only, and Non-IV-A applicants.

For specific cooperation requirements and procedures, refer to the appropriate policy sub-section(s) listed below.

1. CS 059P-1 – IV-A Applicant/ Recipient Cooperation Requirements and DWS Non-Participation Assessment;

2. CS 059P-2 – Applicant/Recipient Cooperation IV-A Administrative Review, Adjudicative Proceeding;

3. CS 059P-3 – Non-IV-A Medicaid-only Applicant/Recipient Cooperation Requirements; and,

4. CS 059P-4 – Non-IV-A Applicant Cooperation Requirements.

Definitions

1. Cooperation, or meeting cooperation requirements – CSS has determined that an applicant/recipient is meeting all cooperation requirements described within this section and the appropriate policy sub-sections for a given stage of the case.

2. Cooperation in good faith – CSS has determined that an applicant/ recipient is not meeting all of the cooperation requirements described within this section and the appropriate policy sub-sections for a given stage of the case, but believes the applicant/recipient is unable to do so.

3. Non-cooperation, not meeting cooperation requirements, or not cooperating in good faith – CSS has determined that an applicant/ recipient is not meeting all cooperation requirements described within this section and the appropriate policy sub-sections for a given stage of the case, and believes the applicant/recipient is able to do so.

Forms Overview

1. Applicant Non-Cooperation Notice. This letter is sent to the IV-A applicant (custodial parent (CP)), when CSS determines that s/he is not cooperating with ORS. For more information on non-cooperation, refer to CS 059P-1.

2. Non-Cooperation Review Determination. This letter is sent to the CP after an administrative review is completed. For procedures and more information on administrative reviews, refer to CS 059P-2.

3. Decision and Order Cover Letter: Non-Cooperation. This letter is sent to the CP along with the Decision and Order: Adjudicative Proceeding Non-Cooperation. For procedures and more information on adjudicative proceedings, refer to CS 059P-2.

4. Decision and Order: Adjudicative Proceeding Non-Cooperation. This order is sent to the CP after an adjudicative proceeding under UAPA is completed. It is sent along with the Decision and Order cover letter. For procedures and more information on adjudicative proceedings, refer to CS 059P-2.

5. Affidavit of Affiliation. This form is used if conception occurred within the state and must be completed by the CP before a paternity action may begin. For more information on the form, refer to CS 301P Contact with the Mother.

6. Paternity Questionnaire. This form is completed by the applicant/recipient if conception occurred by an unknown donor through artificial insemination. The form helps identify any other possible consorts or if there is a legal father. For more information on the form, refer to CS 059P-1.

7. Written Request for Review: Non-cooperation. This form must be completed by the CP to request an administrative review or an adjudicative proceeding for non-cooperation. It is attached to the Applicant Non-Cooperation Notice and Non-Cooperation Review Determination notices and sent to the applicant. For additional information on these notices, refer to appropriate information found within this section.

8. IV-A and Medicaid Only Cooperation Brochure. This brochure is given to all new applicants/recipients of IV-A cash assistance and/or Medicaid. It lists all of the cooperation requirements and the process for review. For more information on the brochure, refer to CS 059P-1.

Specified Relative

Cooperation of a specified relative must be determined on a case by case basis. When the specified relative is asked to provide information, you must consider what information is known by, possessed by, or reasonably obtainable by the specified relative. Also, consider the specified relative’s willingness to provide the requested information, and the strength of that individual’s argument(s).

EXAMPLE: The specified relative is the grandmother of a child with no legal father. You instruct the grandmother to ask the child’s mother to provide the name of the alleged father. If you believe the grandmother has talked to the mother, then she has cooperated, even if she is unable to provide the father’s name. However, if the grandmother is not able to contact the mom for some reason, e.g., the mom has left the state and no one has heard from her or knows where she is, the most you can reasonably expect from the grandmother is to provide all known information about the mother so CSS can attempt to locate her and pursue the name of the father.

If you have questions about whether or not the specified relative is meeting cooperation requirements, consult with your management chain (Manager, Associate Regional Director, Regional Director, and CSS Director).