Okla. Admin. Code § 340:10-10-6

Current through Vol. 42, No. 7, December 16, 2024

Section 340:10-10-6 - Good cause

(a)Cooperation. When deprivation is based on absence, the custodial parent is required to cooperate in pursuing child support, per Oklahoma Administrative Code (OAC) 340:10-10-5, unless there is a good cause reason not to cooperate. When the client claims good cause, it is expected that a good cause determination be made with the same degree of promptness as the determination of Temporary Assistance for Needy Families (TANF) eligibility unless there are difficulties in gathering needed information.

(b)Basis for client to claim good cause. To claim good cause for not cooperating with child support, the client must provide or Oklahoma Human Services (OKDHS) must obtain documentary evidence when available, per (d) of this Section that shows it is not in the best interest of the child or the applicant or recipient to pursue support.

(1) It is clear that the physical safety and well-being of the custodial parent or caretaker relative are relevant to the child's best interest determination when an adverse impact on the custodial parent or caretaker relative will have an adverse impact upon the child. When cooperation by the mother in establishing paternity or securing support could subject her to physical or emotional harm, such cooperation is against the child's best interest when harm to the mother is sufficiently severe to affect her ability to care for the child adequately.

(2) OKDHS determines that the client has good cause for refusing to cooperate only when:

(A) there is possible physical or emotional harm to the child;

(B) or the parent or caretaker relative-payee;

(C) the child was conceived as a result of incest or forcible rape;

(D) legal proceedings for adoption of the child are pending before a court; or

(E) the client is currently being assisted by an attorney or a public or licensed private social agency to decide whether to keep the child or relinquish the child for adoption.

(c)Assignment and degree of promptness. The good cause exception applies only to excuse the cooperation requirement. The requirement that the applicant or recipient assign support rights to OKDHS as a condition for TANF eligibility is independent from the cooperation requirement and cannot be waived or excused based on a good cause determination per OAC 340:10-10-5.

(d)Notice of right to request a decision. The client has the right to claim good cause for failure to cooperate in obtaining child support.

(1) When deprivation is based on absence, the applicant for or recipient of TANF must sign Form 08TA012E, Cooperation Agreement and Request for Good Cause, to acknowledge he or she understands the good cause information on the form and indicate his or her cooperation decision:

(A) at application;

(B) at each benefit renewal;

(C) when an additional child request is made; or

(D) when the recipient wants to request for good cause after certification.

(2) The worker does not deny, delay, or discontinue assistance pending a good cause determination for refusal to cooperate when the client furnishes evidence or information supporting the good cause claim.

(e)Client responsibility. When the client makes a good cause claim, he or she must complete and sign Form 08TA009E, Good Cause Report, indicating the basis for the good cause claim and supply evidence to establish the claim or to furnish sufficient information to permit OKDHS to investigate the good cause circumstances.

(1) When available, acceptable documentary evidence may include:

(A) birth certificate or medical or law enforcement records that indicate the child was conceived as a result of incest or forcible rape;

(B) court documents or other records that indicate legal adoption proceedings are pending before a court of competent jurisdiction;

(C) court, medical, child protective services, social services, psychological, or law enforcement records that indicate the alleged or non-custodial parent might inflict physical or emotional harm on the child or caretaker relative;

(D) a written statement from an attorney or a public or licensed private social agency that states the applicant or recipient is being assisted by OKDHS to resolve the issue of deciding whether to keep the child or place the child for adoption; and

(E) statements from persons other than the client with knowledge of the circumstances that provide the basis for the good cause claim, except in the case of adoption.

(2) Upon request, the worker assists the client in obtaining evidence that is not reasonably obtainable. This requirement is limited to the specific documentary evidence listed in (1)(A) through (E) of this subsection. The client must specify the type of document or record needed, as well as provide sufficient identifying information to make it possible to be obtained.

(f)Good cause decision. Based on the documentary evidence and information provided, Adult and Family Services (AFS) TANF Unit staff makes the good cause decision.

(1) When AFS approves good cause, the applicant or recipient is not required to cooperate in pursuing child support unless circumstances change.

(2) When all other eligibility requirements are met at application, but the applicant fails to provide information to support his or her good cause claim, the worker informs the client that he or she must sign a new Form 08TA012E agreeing to cooperate in pursuing child support or the application will be denied.

(3) When the client provides good cause information and AFS TANF Unit staff determines good cause does not exist after certification, the worker informs the client that good cause was not approved and he or she is expected to cooperate in pursuing child support unless more documentary evidence can be provided. When the client:

(A) agrees to cooperate, he or she signs a new Form 08TA012E agreeing to cooperate and provides all known information about the non-custodial parent; or

(B) continues to refuse to cooperate after certification, the non-cooperation penalty is applied.

Okla. Admin. Code § 340:10-10-6

Added at 17 Ok Reg 444, eff 11-1-99 (emergency); Added at 17 Ok Reg 2075, eff 7-1-00; Amended at 20 Ok Reg 6, eff 1-03-; Amended at 24 Ok Reg 1020, eff 6-1-07

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021