Md. Code Regs. 07.03.03.10

Current through Register Vol. 51, No. 18, September 6, 2024

Section 07.03.03.10 - Child Support Requirements

A. As a condition of eligibility for TCA, the applicant or recipient shall:

(1) File an application for child support enforcement services;

(2) Assign to the State all right, title, and interest in support, for the period that the family receives Temporary Cash Assistance for a child included in the TCA assistance unit; and

(3) Unless exempt for good cause, cooperate in the establishment and enforcement of child support for each child in:

(a) Identifying and locating the absent parent of a child for whom assistance is requested;

(b) Establishing the paternity of a child born out of wedlock for whom assistance is requested; and

(c) Obtaining support payments or any other payments or property due to the caretaker relative or the child for whom assistance is requested.

B. The Department's Child Support Enforcement Administration is the entity responsible for determining:

(1) Noncooperation for child support; and

(2) Adequate reason for noncooperation.

C. Cooperation includes the following:

(1) Appearing at the offices of the child support enforcement agency or the local department as necessary to provide verbal or written information or documentary evidence, known to or reasonably obtainable by the individual, that is relevant to achieving the objectives of §A of this regulation;

(2) Appearing as a witness at court or other hearings or proceedings necessary to achieve the objectives of §A of this regulation;

(3) Providing information that the individual can reasonably be expected to provide, or attesting to the lack of information, under penalty of perjury; and

(4) After an assignment has been made, paying to a child support enforcement agency any child support payments received from the absent parent which are covered by the assignment.

D. A determination of noncooperation without good cause or adequate reason shall result in ineligibility of the entire assistance unit until the household cooperates as described in Regulation .19A of this chapter.

E. Adequate Reason.

(1) Circumstances beyond an individual's control are adequate reasons for noncooperation with child support.

(2) These circumstances include but are not limited to:

(a) Mail from the child support enforcement agency going to the incorrect address;

(b) Natural disaster or civil disorder;

(c) Critical illness;

(d) Family crisis requiring the individual's full attention; and

(e) The individual is away from home both during the period notices were sent and the appointments were scheduled.

F. Good Cause.

(1) "Good cause" means that circumstances exist in which the cooperation with child support may be against the best interest of the child.

(2) Good cause exists when:

(a) Cooperation is reasonably anticipated to result in serious physical or emotional harm to the:

(i) Child for whom support is sought; or

(ii) Caretaker relative with whom the child is living;

(b) The child for whom support is sought was conceived as a result of incest or forcible rape;

(c) The caretaker relative 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, and the discussions have not gone on for more than 3 months; or

(d) Legal proceedings for the adoption of the child are pending before a court of competent jurisdiction.

G. Evidence of Good Cause.

(1) An individual who claims good cause under §F of this regulation is not required to produce written evidence.

(2) If the individual is able to obtain them, the following documents may be used as acceptable evidence of good cause:

(a) A birth certificate or law enforcement record which indicates that the child was conceived as a result of incest or forcible rape;

(b) A court document or other record that indicates that legal proceedings for adoption are pending before a court of competent jurisdiction;

(c) Court, medical, criminal, child protective services, psychological, or law enforcement record that indicates that the putative father or absent parent might inflict physical or emotional harm on the child or caretaker relative;

(d) Medical records that indicate the emotional health history and the present emotional health status of the child or caretaker relative, or written statement from a mental health professional that indicates a diagnosis or prognosis of the emotional health of the child or the caretaker relative;

(e) A written statement from a public or licensed private social agency that the caretaker relative is being assisted by the agency to resolve the issue of whether to keep or relinquish the child for adoption and the discussions have not gone on for more than 3 months; or

(f) A written statement from the caretaker or other individuals with knowledge of the circumstances that provide the basis for a good cause reason.

H. If the child support enforcement agency notifies the local department of evidence of failure to cooperate, the local department shall act upon the information to enforce the eligibility requirements of §A of this regulation.

I. In making an investigation of a good cause claim, the local department may not contact the absent parent or putative father from whom support would be sought.

J. Determination of Good Cause.

(1) The determination of good cause for noncooperation with child support is the responsibility of the FIP case manager.

(2) The local department shall make a good cause determination based on the corroborative evidence supplied by the caretaker relative.

(3) The local department shall make a determination that good cause does or does not exist and shall inform the caretaker relative of the decision which:

(a) Shall be in writing;

(b) Contains the local department's findings and the basis for the determination, a copy of which shall be retained in the FIP record; and

(c) Was completed within 45 days of the receipt of the claim by the local department unless the information required to verify the claim cannot be obtained within the time standard.

(4) The local department shall promptly report its findings to the child support enforcement agency.

(5) The child support enforcement agency may participate in an administrative hearing involving a good cause claim.

(6) The local department may not deny, delay, or terminate assistance pending a determination of good cause for refusal to cooperate.

K. The local department shall:

(1) Periodically review, not less frequently than at recertification of eligibility, all cases in which a finding of good cause has been made based on a circumstance that is subject to change; and

(2) If it is determined that the circumstance has changed and that good cause no longer exists, proceed to enforce the requirements of §A of this regulation.

Md. Code Regs. 07.03.03.10

Regulations .10 adopted effective February 18, 2002 (29:3 Md. R. 216)
Regulation .10A amended effective December 28, 2009 (36:26 Md. R. 1994)