'Good Cause' for Refusing to Cooperate 400-19-70-30

(Revised 9/1/2021 ML #3629)

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(N.D.A.C. 75-02-01.2-34)

 

A custodian may have good cause for not cooperating with the Child Support Division. Accordingly, all custodians must be given the opportunity to claim a ‘good cause’ exemption. This is accomplished by providing each with form SFN 443, Notice of Right to Claim ‘Good Cause’ at the time of application or when a child is being added to an ongoing case. The notice:

  1. Briefly summarizes the legislative intent of the Child Support Division program;
  2. Defines the custodian's responsibility to cooperate in the support enforcement effort; and
  3. Provides a detailed explanation of the procedure for claiming ‘good cause’.

 

The custodian shall be given sufficient time to read the notice(s) and raise questions before signing. Any custodian wishing to claim a ‘good cause’ exemption shall indicate in writing by completing SFN 446, Request to Claim ‘Good Cause’.

 

If, at the time of application, the custodian claims ‘good cause’, the custodian’s financial needs must be included in the TANF benefit pending the determination of ‘good cause’. If good cause is not established, the custodian’s financial needs remain in the TANF benefit, a referral is sent to the Child Support Division, and the custodian is required to cooperate.

 

If a determination of ‘good cause’ for non-cooperation with the Child Support Division is pending or has been granted, the Child Support Up-front Eligibility requirement does not apply. The eligibility worker should request the family to complete the forms but cannot deny the application if the forms are not completed and returned. If the forms are completed and returned, they must be sent to the Regional Child Support Division.

 

EVIDENCE NEEDED TO ESTABLISH ‘GOOD CAUSE’ - There must be evidence to substantiate a claim of ‘good cause’. Exemptions on the basis of physical or emotional harm, either to the child or to the custodian which, in turn, could be expected to reduce the custodian’s capacity to care for the child, are allowed only for circumstances of a genuine and serious nature. Mere belief that cooperation might result in harm is not a sufficient basis for a finding of ‘good cause’. Evidence upon which the Human Service Zone staff bases a finding of ‘good cause’ must be supported by written statements and contained in the case record.

 

It is the custodian's responsibility to provide the eligibility worker with the evidence needed to establish ‘good cause’. The custodian must be given a minimum of 20 days from the date of their claim to collect the evidence. In exceptional cases the eligibility worker may grant additional time when obtaining the evidence proves difficult.

 

Records of law enforcement, social service, or adoption agencies may be readily available to document instances of rape, physical harm, or pending adoption and are deemed sufficient to substantiate the claim of ‘good cause’. However, in situations other than adoption, additional evidence may be required.  

 

Documentation of anticipated emotional harm to the child or custodian may be somewhat more elusive. Whenever the claim is based in whole or in part on anticipated emotional harm, the Human Service Zone staff shall consider the following:

  1. The present emotional state of the individual subject to emotional harm;
  2. The emotional health history of the individual subject to emotional harm;
  3. The intensity and probable duration of the emotional harm;
  4. The degree of cooperation to be required;
  5. The extent of involvement of the child in the paternity establishment or support enforcement activity to be undertaken.

ELIGIBILITY WORKER ROLE IN OBTAINING EVIDENCE – While the obligation to produce evidence necessary to support a ‘good cause’ claim remains the custodian's basic responsibility, the custodian may request the eligibility worker to assist in obtaining evidence. The eligibility worker must actively assist in obtaining evidence when the individual is not reasonably able to do so and promptly notify the custodian if additional evidence or documentation is necessary. The custodian may be able to provide specifics as to the type of document or record that they believe may be available to support the claim and its source.

 

The eligibility worker is obligated to assume direct responsibility for investigating a ‘good cause’ claim when the custodian's claim is believed to be authentic even though confirming evidence may not be available. This need may occur when the claim is based on a fear of serious physical harm and the claim is believed by the eligibility worker. Such investigation will be conducted without requiring corroborative evidence by the custodian and may involve a careful review of the case record, evaluation of the credibility of the custodian's statements, and/or a confidential interview with an observer who has good reasons for not giving a written statement. Based on such an investigation and professional judgment, the eligibility worker may find that good cause exists without the availability of absolute corroborative - evidence.

 

During the investigation of a ‘good cause’ claim, care must be taken to ensure that the location of the custodian and child(ren) are not revealed.

 

GOOD CAUSE CLAIMS TO BE PROCESSED PROMPTLY - Except for extenuating circumstances, the determination of whether ‘good cause’ exists must be made with the same degree of promptness as is the determination of other factors of eligibility (within 30 days). While the ‘good cause’ claim is pending, the eligibility worker may not deny, delay, or discontinue assistance. Prior to making a final determination, Human Service Zone staff are required to provide Child Support Division staff the opportunity to review and comment on the findings and basis for the proposed decision. However, the final determination rests with Human Service Zone staff.

 

Determinations concerning claims of good cause require the use of the decision-making principles found in N.D.A.C. § 75-02-01.2-12. These principles must be applied to the individual’s statements and information to determine if the requirements of good cause are met. (To review the Good Cause Decision-Making Principles see Section 400-19-05, Definitions.)

 

CHILD SUPPORT DIVISION STAFF TO BE INFORMED OF ‘GOOD CAUSE’ STATUS - It is essential that the eligibility worker keep the Child Support Division staff informed on the status of all ‘good cause’ claims. This includes:

  1. Promptly notifying the Child Support Division of all custodians who claim ‘good cause’ and requesting suspension of child support activity pending a determination;
  2. Promptly reporting to the Child Support Division all cases in which a ‘good cause’ determination has been made for refusal to cooperate. Once ‘good cause’ is determined, no child support activity may be pursued unless at a future time it is determined that ‘good cause’ no longer exists; and
  3. Promptly notifying the Child Support Division of all cases in which it has been determined that ‘good cause’ for refusing to cooperate does not exist and that child support activity can begin or resume.

 

CLAIMANTS OF ‘GOOD CAUSE’ TO BE INFORMED OF DECISION - The custodian must be advised, in writing, of the human service zone staff's final decision that ‘good cause’ does or does not exist and the basis for the findings. If ‘good cause’ was determined not to exist, the communication must remind the custodian of the obligation to cooperate with the Child Support Division's efforts. The communication must also advise the custodian of their right to appeal the decision. In the event the custodian does appeal, the Child Support Division shall be advised to delay its activity until the results of the appeal are known. The written communication to the custodian whose claim to an exemption has been denied should also include a statement of the right to withdraw the application or have the case closed.

 

PERIODIC REVIEW OF ‘GOOD CAUSE’ CLAIMS - Cases in which ‘good cause’ was previously found to exist must be reviewed at a minimum of every 12 months. Rather than routinely conducting full scale re-reviews on every case, however, a complete follow-up needs to be done on only those claims in which the original finding of ‘good cause’ was based on a circumstance that is subject to change. If good cause is found to continue to exist, the claimant must be informed of the decision in writing.

 

If it is found that circumstances have changed so that ‘good cause’ no longer exists, the custodian must be advised of the decision, in writing, and afforded the opportunity to cooperate, withdraw from the program, or appeal the decision. Child Support Division must be informed if:

  1. The custodian agrees to cooperate so child support activity can begin;
  2.  The custodian withdraws from the program which will result in the TANF referral closing; or
  3. The custodian appeals the decision which will result in the Child Support Division’s delaying its activity until the results of the appeal are known.

 

If, in an ongoing case, the custodian claims ‘good cause’ and a sanction has not been imposed, the custodian’s needs must be included in the TANF benefit pending the determination of ‘good cause’.