D.C. Mun. Regs. tit. 29, r. 29-1709

Current through Register 71, No. 45, November 7, 2024

Rule 29-1709 - GOOD CAUSE FOR REFUSING TO COOPERATE; CIRCUMSTANCES

1709.1

Good cause for an applicant's or a recipient's refusal to cooperate, as required by § 1707 of this chapter shall be found to exist if:

(a) Efforts to cooperate are reasonably anticipated to result in physical, sexual, or emotional harm to:

(1) The child with respect to whom assistance is claimed;

(2) The applicant or recipient;

(3) A household member of the applicant or recipient; or

(4) An immediate family member of the applicant or recipient, defined as a spouse, parent, sibling or child; or

(b) CSED identifies circumstances that would make cooperation, or actions resulting directly from cooperation, detrimental to the child with respect to whom assistance is claimed including, but not limited to, one (1) of the following:

(1) The child was conceived as a result of incest or sexual assault (a conviction for incest or sexual assault is not necessary for this subparagraph to apply);

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

(3) The applicant or recipient is currently being assisted by a public or licensed private social agency to resolve the issue of whether to keep the child or relinquish the child for adoption.

1709.2

The determination of whether good cause for noncooperation exists shall be made consistent with the best interests of the child on whose behalf assistance is claimed which includes minimizing the child's exposure to family violence.

1709.3

In any case in which an applicant or recipient is at risk of harm, but wishes to establish paternity for a child on whose behalf assistance is claimed or to pursue child support and/or medical support, CSED shall use procedures to safeguard the address of the applicant, recipient, or child.

D.C. Mun. Regs. tit. 29, r. 29-1709

Final Rulemaking published at 45 DCR 1845a (March 27, 1998); as Emergency Rulemaking at 46 DCR 4349(May 14, 1999) [EXPIRED]; as Emergency Rulemaking at 47 DCR 5615(July 7, 2000) [EXPIRED]