Section 1240-01-48-.04 - COOPERATION IN CHILD SUPPORT ACTIVITIESCooperation in obtaining support and establishing paternity is a condition of Families First eligibility for each applicant/recipient unless good cause for refusal to cooperate is established. The determination of whether a client has refused to cooperate is a Child Support Enforcement function. The determination of whether good cause exists for a waiver of the cooperation requirement is the responsibility of the IV-A agency.
(1) Cooperation Requirements. Each A/R is required to cooperate by engaging in any activity or providing information necessary for child support enforcement, including but not limited to the following:(a) Assisting in identifying and locating the absent parent of each child in the assistance group;(b) Assisting in the establishment of paternity for each Families First child for whom this service is appropriate;(c) Assisting in obtaining support for each member of the assistance group;(d) Appearing for scheduled interviews as necessary to provide relevant verbal or written information or documentary evidence;(e) Appearing as a witness in court or other hearings or proceedings, if necessary;(f) Providing information, or attesting to lack of information, under penalty of perjury;(g) After assigning support rights, turning over to DHS any and all support payments which are covered by the assignment and are received directly by the A/R either from the absent parent or through a court or other third party.(2) Notice to the Applicant/Recipient. At application, a written and verbal explanation of the requirement for cooperation with child support activities and the penalties for refusal to cooperate will be provided in addition to information regarding the client's right to claim good cause for refusal to cooperate. If the client claims good cause for non-cooperation or requests further clarification, he/she shall be given a further written notice describing the circumstances and evidence necessary for a good cause determination.(a) Acknowledgment of Notice1. The client's signature on the Department's application for assistance acknowledges that he/she understands:(i) that support rights are assigned to the state;(ii) any support payments received by the client after approval of the Families First payment must be turned over to DHS; and(iii) how to forward such payments to DHS.2. Reserved for future use.(3) Refusal to cooperate. (a) It is the responsibility of Child Support Enforcement to determine if a client has failed or refused to cooperate.(b) Reasonable judgment will be exercised in determining whether there has been willful non-cooperation or extenuating circumstances.(c) If the client has refused to cooperate, the Department will apply the sanctions to the case (unless there is good cause for the lack of cooperation) and notify the client of the action.(d) Failure to cooperate (without good cause) and the resultant application of sanctions to the case do not preclude support actions on the case by the IV-D agency.Tenn. Comp. R. & Regs. 1240-01-48-.04
Original rule filed December 2, 1996; effective February 15, 1997. Amendment filed July 5, 2002; effective September 18, 2002.Authority: T.C.A. §§ 4-5-201 et seq., 71-1-105, 71-3-124, 42 USC § 654(29), 42 USC § 1315(a), and PL 104-193 §301(a).