Current through Vol. 24-24, January 15, 2025
Section R. 400.3127 - Failing to identify third-party resources; good cause reasons; determinationRule 27.
(1) The department shall advise a client of the right to claim good cause for failing to identify third-party resources and that the client has 20 calendar days after filing the claim to provide written evidence to support the claim. If a client has difficulty obtaining the evidence, then the initial 20-calendar-day period may be extended to 45 calendar days.(2) The following reasons constitute good cause for failing to identify third-party resources: (a) Establishing paternity might harm the child.(b) Conception was due to incest or forcible rape.(c) Adoption proceedings are pending.(d) A regulated public or private agency is counseling the mother on whether to release the child for adoption. This reason is valid for 3 months of counseling.(e) Serious physical or emotional harm to a group member might result.(3) The department shall determine if good cause exists within 45 calendar days of a client's claim, unless an extension is granted to the client or is otherwise necessary to obtain evidence. The department shall not deny an application or delay benefits while a good cause claim is pending.(4) The department shall make 1 of the following findings: (a) Good cause does not exist and the client must cooperate to be eligible. The client may withdraw the application, request closure, or be disqualified.(b) Good cause does exist and the third-party resource is not pursued.(c) Good cause does exist, but the third-party resource can be pursued without endangering the client or dependent child.Mich. Admin. Code R. 400.3127