43-200.D GOOD CAUSE

 

Table of Contents

 

 

The Good Cause CPG section contains the following information:

 

Section

Topic

43-200.D.1
Application

43-200.D.2

Good Cause

43-200.D.3

Milliken Court Order

43-200.D.4

Client Claim of Good Cause

43-200.D.5

HSS Responsibility

43-200.D.6

Good Cause Exists

43-200.D.7

Good Cause Does Not Exist

43-200.D.8

Good Cause Claim on Active Child Support Case

43-200.D.9

Good Cause Exists on Active Child Support Case

43-200.D.10

Good Cause Does Not Exist on Active CS Case

43-200.D.11

Attestation (DCSS 870)

 

 

 

43-200.D.1
Application

 

 

The good cause determination process applies to all cases where the client claims good cause for refusing to cooperate in establishing paternity and/or obtaining support.

 

 

43-200.D.2
Good Cause

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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If any of the following conditions exist, the Human Services Specialist (HSS) will refer the CW 51 to the Family Resource Center (FRC) Manager or Assistant Manager who will authorize exemption from cooperation requirements: 

 

·           Cooperation with the Local Child Support Agency (LCSA) would increase the risk of physical, sexual, or emotional harm to the child for whom support is being sought;

 

·           Efforts to establish paternity or establish, modify, or enforce a support obligation would increase the risk of abuse to the parent or caretaker with whom the child is living;

 

·         The child for whom support is sought was conceived as a result of incest or rape.  A conviction for incest or rape is not necessary for this condition to apply;

 

·           Increased risk of Domestic Abuse to parent/caretaker; or

 

·           Any other reason or information exists or is provided that would make efforts to establish paternity or child support enforcement contrary to the best interest of the child.

 

 

43-200.D.3
Milliken Court Order

Parents of dependent children placed in out-of-home care may establish immediate good cause per the Milliken Court Order.  The purpose of this good cause is to facilitate the reunification of families, who are under the jurisdiction of the Juvenile Court, specifically those families whose children are in court ordered out-of-home placement.  

 

Parents who apply for CalWORKs should have a copy of the court order, which references the approval of good cause, or the HSS has been notified by the Social Worker that good cause exists.  In this event, the parent can complete the CW 51 and check “Emotional harm” as the reason for non-cooperation.  The HSS will notate next to Emotional Harm: “Pursuant to Judge Milliken’s Court Order dated 2/26/01”.

 

 

43-200.D.4
Client Claim of Good Cause

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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If the client chooses to claim “Good Cause” based on any of the existing conditions noted above in Good Cause, for refusing to cooperate with the LCSA, a CW 51 (Child Support – Good Cause Claim for Non-Cooperation), must be completed.  The client will also be advised to provide acceptable evidence to claim good cause, per instructions on the reverse of the CW 2.1 Notice and Agreement, within 20 days.  In case situations where it is difficult to obtain supporting evidence, a reasonable amount of additional time will be allowed.  Acceptable evidence for a claim of good cause includes:

 

·   Medical records, police reports, or domestic violence program

·   Records that show there was a request for help with abuse towards client and/or their child(ren)

·   Court documents that show legal adoption is pending

·   Credible sworn statements about history of abuse and/or risk to child(ren) from the client or people that know of circumstances  

 

  

43-200.D.5
HSS Responsibil-ity

When all available documentation is obtained, the HSS will complete the "Evidence Provided" section of the CW 51.  A determination must be made within 25 days from the date the evidence is received.

 

As appropriate, the HSS will also follow the instructions outlined in the

table below:

 

Step

Action

1

Make a referral to the appropriate agency if a client inquires about or claims good cause for non-cooperation with the LCSA, or otherwise indicates that they or their children are at risk of abuse.

2

The HSS will attach any supporting documentation to the form CW 51 and forward to the supervisor.  The supervisor will review and forward to the FRC Manager or Assistant Manager for the “Proposed and Final” determination to establish good cause exists/does not exist. 

Note:  The HSS’s will not forward the form CW 51 to the LCSA for the “Proposed Determination”.  The Manager or Assistant Manager completion is considered sufficient.

3

At intake, after all of the intake procedures are completed, the case can be transferred to Granted pending a good cause determination.

 

43-200.D.6
Good Cause Exists

When a request for good cause has been approved, the HSS will not proceed with any child support enforcement activities or forward any child support referral to the LCSA.

 

 

43-200.D.7
Good Cause Does Not Exist

 

 

 

 

 

 

 

 

 

 

 

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When it is determined that good cause does not exist, the HSS will:

 

·       Complete and send a NOA (Good Cause Determination TEMP 07-292) to the applicant/recipient, informing him/her of the denial of the good cause claim.

 

·       Inform the applicant/recipient that there will be a referral to the LCSA, and the applicant/recipient will be given the opportunity to cooperate. 

 

·       Forward to the LCSA the child support referral forms; CW 2.1  (Notice & Agreement for Child, Spousal, and Medical Support), CW 2.1 (Q) (Child Support Questionnaire), and the CW 371 (Referral to the Local Child Support Agency).

 

 

43-200.D.8
Good Cause Claim on Active Child Support Case

When the HSS is aware of active child support collections case at the time the applicant/recipient makes a request for a good cause determination, the HSS is to notify the LCSA immediately that good cause has been claimed, via the CW 51 (Child Support Good Cause Claim for Non-cooperation).   The CW 51 and a CW 371 should be sent to Mail Stop C-77 Attn: Case Intake.  Section A. of the CW 371 should be completed indicating that good cause is being “claimed” and any other pertinent information noted in the comments section.

 

 

43-200.D.9
Good Cause Exists on Active Child Support Case

For active child support cases in which a final determination was made that good cause exists, the HSS will notify the LCSA of the determination and no child support referral is made. The HSS does not submit the child support referral forms, only the CW 51 will be sent to the LCSA.

 

 

43-200.D.10
Good Cause Does Not Exist on Active Child Support Case

 

 

For active child support cases where collection activities were suspended due to a claim of good cause, the HSS will notify the LCSA, when a final determination of “no good cause” is found to exist. The HSS will use existing referral procedures and the following forms: CW 371, CW 51, and CW 2.1 (Q) and CW 2.1.  The HSS will also provide the applicant/recipient TEMP Notice 07-292 that good cause was not found to exist.  

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43-200.D.11
Attestation (DCSS 870)

Good cause will be found by the HSS if the applicant or recipient completes the attestation (DCSS 870) and is cooperating in good faith but is unable to identify or assist in identifying and locating the absent parent or alleged father. No penalty is imposed pending the final determination of good cause.