470 Ind. Admin. Code 2.1-4-4

Current through May 29, 2024

Section 470 IAC 2.1-4-4 - Proof of good cause claim

Authority: IC 12-13-2-3; IC 12-13-5-3

Affected: IC 12-15

Sec. 4.

(a) The DFR will make a good cause determination based on the corroborative evidence supplied by the applicant or recipient only after it has examined the evidence and found that it actually verifies the good cause claim.

(b) The applicant or recipient who claims good cause must provide corroborative evidence within twenty (20) days from the day the claim was made. In exceptional cases where the DFR determines the applicant or recipient requires additional time because of the difficulty of obtaining the corroborative evidence, the DFR shall allow a reasonable additional period of time.

(c) A good cause claim may be corroborated with the following types of evidence:

(1) Court, medical, criminal, child protective services, social services, psychological, or law enforcement records which indicate that the person from whom support would be sought might inflict physical or emotional harm on the individual.

(2) Medical records which indicate emotional health history and present emotional health status of the individual 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 individual for whom support would be sought.

(3) Sworn statements from individuals other than the applicant or recipient with knowledge of the circumstances which provide the basis for the good cause claim.

(d) If, after examining the corroborative evidence submitted by the applicant or recipient the DFR wishes to request additional corroborative evidence which is needed to permit a good cause determination, the DFR will:

(1) promptly notify the applicant or recipient that additional corroborative evidence is needed; and

(2) specify the type of document which is needed.

(e) Upon request, the DFR will:

(1) advise the applicant or recipient how to obtain the necessary documents; and

(2) make a reasonable effort to obtain specific documents that the applicant or recipient is not reasonably able to obtain without assistance.

(f) Where a claim is based on the applicant's or recipient's anticipation of physical harm as specified in section 3 of this rule, and corroborative evidence is not submitted in support of the claim:

(1) the DFR will investigate the good cause claim when the agency believes that:

(A) the claim is credible without corroborative evidence; and

(B) corroborative evidence is not available; and

(2) good cause will be found if the claimant's statement and the investigation which is conducted satisfies the DFR that the applicant or recipient has good cause for refusing to cooperate.

470 IAC 2.1-4-4

Division of Family Resources; 470 IAC 2.1-4-4; filed Jun 4, 1985, 2:37 pm: 8 IR 1300, eff Jul 1, 1985 [IC 4-22-2-5 suspends the effectiveness of a rule document for thirty (30) days after filing with the secretary of state. LSA Document #85-29 was filed Jun 4, 1985.]; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFA

Readopted filed 11/13/2019, 11:56 a.m.: 20191211-IR-470190490RFA

Filed 8/28/2023, 9:55 a.m.: 20230927-IR-470230215FRA