CASE INITIATION
12/84 Revised 06/10/05 Training
Completed 00/00/05
42 USC
654(29); 45 CFR 302.31; UCA 62A-11-307.2
Statutory
Authority
UCA 62A-11-307.2 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.” (Emphasis added.)
Claiming Good Cause
To protect
the children and/or the custodial parent (CP), a recipient of IV-A financial
assistance or Medicaid has the right to request “good cause or other exception”
to not cooperate with the IV-A agency (Department of Workforce Services), the
Medicaid agency (Department of Health), or the IV-D agency (Office of Recovery
Services/Child Support Services) in identifying the alleged father or noncustodial
parent (NCP), or assisting in obtaining child support, if the child was
conceived as a result of rape or incest, or there is a possibility that
cooperating may result in physical or emotional harm to the CP or the children.
In addition,
a recipient who claims s/he is unable to meet all cooperation requirements and
ORS/CSS has determined that s/he is not “cooperating in good faith,” may
request “good cause or other exception” with the Department of Workforce
Services (DWS) or the Department of Health (DOH) to meeting the cooperation
requirements.
Even though
under UCA 62A-11-307.2, DWS may grant an “other exception” to cooperation
instead of granting good cause, by administrative rule DWS has chosen not to
utilize this option. DOH also does not
grant “other exception” to cooperation.
Only the good cause option from the statute is utilized.
An applicant
or recipient of IV-A financial or Non-IV-A Medicaid-only services makes a
request for good cause to DWS or DOH on the CSS “Assignment of Rights” form or
on the DWS "Duty of Support” form.
DWS or DOH will involve CSS when a good cause request has been made;
however, DWS or DOH will make the final determination on the case. DWS is responsible for making the final
determination on whether to approve or deny good cause on a IV-A case. DWS or
DOH is responsible for making the final determination on whether to approve or
deny a good cause on a Non-IV-A Medicaid-only case.
When a IV-A
or a Medicaid-only applicant/recipient requests good cause, the DWS or DOH
worker enters a code on the PACMIS system that is transmitted to the ORSIS
system to begin the good cause process.
The DWS/DOH worker will also send any hard copy documentation that
supports the good cause claim to the CSS Team Manager. If there is no documentation of good cause
available, the applicant/recipient may request a hearing through DWS before an
administrative law judge (ALJ). The ALJ
can accept sworn verbal testimony and determine the credibility of the
applicant/recipient. If an ALJ decides
there is good cause for the recipient not to cooperate, accept their
determination. The ALJ will notify DWS
of the decision and DWS will provide the CSS worker with a written copy of the
ruling for the CSS case record.
Specified
Relative
When a child lives with a specified relative,
e.g., a grandmother, the specified relative must claim good cause with DWS or
DOH if s/he believes cooperating with CSS may result in physical or emotional
harm to him/her or the child.
NOTE:
If CSS had a case with the child, the mother and the father that was
closed for good cause, the good cause claim would not apply to the specified relative’s
case.