Section 475-3-004 - CHILD SUPPORT ENFORCEMENT COOPERATIONThe following regulations detail how custodial and non-custodial parents must comply with Child Support Enforcement in order to receive benefits.
004.01PARENTAL COOPERATION. The following regulations detail who is required to cooperate with Child Support Enforcement and their requirements. 004.01(A)CUSTODIAL PARENT COOPERATION. A natural or adoptive parent must cooperate in good faith with child support enforcement if such parent is receiving Supplemental Nutrition Assistance Program benefits, is living with and exercising parental control over a child under the age of 18, and there is an absent parent. The recipient may claim good cause as an exception to cooperation as set forth in this chapter. Individuals will be notified of this requirement in writing at the time of application and reapplication for continued Supplemental Nutrition Assistance Program benefits. 004.01(A)(i)DEEMED COOPERATION. If the individual is receiving Temporary Assistance for Needy Families or Medicaid, or assistance from Nebraska Child Support Enforcement, and has already been determined to be cooperating, or has been determined to have good cause for not cooperating, the individual is considered to be cooperating for Supplemental Nutrition Assistance Program purposes.004.01(A)(ii)REQUIREMENTS AND RESPONSIBILITIES. The individual must cooperate with the State Child Support Agency in establishing paternity of the child, and in establishing, modifying, or enforcing a support order with respect to the child and the individual.004.01(B)NON-CUSTODIAL PARENT COOPERATION. A putative or identified parent who does not live with his or her child who is under the age of 18 must cooperate in good faith with child support enforcement if such parent is receiving Supplemental Nutrition Assistance Program benefits. Individuals will be notified of this requirement in writing at the time of application and reapplication for continued Supplemental Nutrition Assistance Program benefits. 004.01(B)(i) DEEMED COOPERATION. If the individual is receiving Temporary Assistance for Needy Families or Medicaid, or assistance from Nebraska Child Support Enforcement, and has already been determined to be cooperating, or the Department has determined an exception applies under 7 CFR § 273.11 for not cooperating, the individual is considered to be cooperating for Supplemental Nutrition Assistance Program purposes.004.01(B)(ii)REQUIREMENTS AND RESPONSIBILITIES. The individual must cooperate with the State Child Support Agency in establishing paternity of the child, and in establishing, modifying, or enforcing a support order with respect to the child and the individual.004.02FEES FOR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM RECIPIENTS. Supplemental Nutrition Assistance Program recipients subject to the cooperation provisions of this Chapter shall not be required to pay a fee or other cost for services provided under Part D of Title IV of the Social Security Act.004.03INDIVIDUAL DISQUALIFICATION. If the Department determines that the custodial or non-custodial parent has refused to cooperate, then that individual shall be ineligible to participate in the Supplemental Nutrition Assistance Program. Refusal to cooperate is when an individual has demonstrated an unwillingness to cooperate as opposed to an inability to cooperate.004.04GOOD CAUSE. In order to show good cause for failing or refusing to cooperate, a recipient must demonstrate that: (i) Cooperation is likely to result in physical or emotional harm to the child;(ii) Cooperation is likely to result in physical or emotional harm to the custodial party with whom the child is living which reduces the capacity to care for the child adequately;(iii) The child was conceived as a result of incest or forcible rape;(iv) Court proceedings are pending for the adoption of the child except in the case of stepparent adoption; or(v) The custodial party is contemplating placing the child for adoption and has been working with an agency for this purpose not more than three months.004.04(A)NOTICE OF GOOD CAUSE. Upon receiving notice of a claim of good cause for failure to cooperate, all activities to establish paternity or secure support will be suspended until the Department makes a final determination whether good cause exists. Assistance will not be denied, delayed, or discontinued pending a determination of good cause for refusal to cooperate if the applicant or recipient has complied with the requirements to furnish corroborative evidence and information.004.05CORRABORATING EVIDENCE. Within 20 days of claiming good cause for failing or refusing to cooperate, a recipient must provide corroborating evidence. Additional time may be granted in the sole discretion of the Department. Corroborating evidence includes, but is not limited to: (i) Birth certificates, medical records, or law enforcement records that indicate that the child was conceived as the result of incest or forcible rape;(ii) Court documents or other records that indicate that legal proceedings for adoption are pending;(iii) Court, medical, criminal, child protective services, social services, psychological, or law enforcement records that indicate that the alleged father or noncustodial party might inflict physical or emotional harm upon the custodial party or the child;(iv) Medical records that indicate emotional health history and present emotional health status of the custodial party or the child, or written statements from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the custodial party or the child;(v) A written statement from a public or private agency confirming that the custodial party is being assisted in resolving the issue of whether to give up the child for adoption; or(vi) Sworn statements from individuals, including but not limited to, friends, neighbors, relatives, clergy, social workers, and medical professionals who might have knowledge of the circumstances providing the basis of the good cause claim.004.06DETERMINATION OF GOOD CAUSE. The recipient will be notified in writing whether the Department has determined good cause exists. As long as good cause exists, no actions will be taken to establish paternity or secure support unless the Department determines that support enforcement may proceed without the participation of the recipient, caretaker, or other relative. If such a determination is made, the recipient, caretaker, or other relative will not be required to be involved with any undertaking to establish paternity or secure support.004.07EFFECT OF GOOD CAUSE DETERMINATION. The good cause determination extends to all parties involved in the case. If the Department determines that good cause exists, IV-D services will not be provided to any party to the case unless the Department determines that support enforcement may proceed without the participation of the recipient, caretaker, or other relative who showed good cause.004.08SANCTIONS FOR FAILURE TO COOPERATE. Failure to cooperate in good faith can result in sanctions being imposed by the Department relating to receiving public assistance, discontinuation of IV-D services, or both.004.09ENTIRE HOUSEHOLD NOT DISQUALIFIED. Any disqualification related to child support cooperation shall not apply to the entire household. The income and resources of the disqualified individual shall be handled in accordance with 7 CFR § 273.11.004.10RIGHTS AND OBLIGATIONS UNDER FEDERAL LAW. All requirements for cooperation with child support enforcement by custodial parents and non-custodial parents shall be in accordance with 7 CFR § 273.11.475 Neb. Admin. Code, ch. 3, § 004
Adopted effective 7/4/2020Amended effective 9/17/2024