SECTION 340:10-10-6. Good cause

(a)   Basis for client to claim good cause. Although cooperation is required as a condition of eligibility for Temporary Assistance for Needy Families (TANF), federal regulations provide for waiver of that condition when such cooperation is not in the best interest of the child. However, the Oklahoma Department of Human Services (OKDHS) may determine that child support enforcement activities can be safely conducted without the cooperation of the client.

(1)   It is clear that the best interests of the parent or caretaker relative are relevant to the child's best interest determination when an adverse impact on the parent or caretaker will have an adverse impact upon the child. Clearly, the physical safety and well-being of the parent or caretaker relative is in the best interest of the child. If cooperation by the mother in establishing paternity or securing support would subject her to physical or emotional harm, such cooperation would be against the child's best interest if 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 if:

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

(B)   there is possible physical or emotional harm to 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 a public or licensed private social agency to resolve the issue of whether to keep the child or relinquish the child for adoption.

(A)   cannot be waived or excused based on a good cause determination;

(B)   is independent from the cooperation requirement; and

(C)   is not affected by a good cause determination.

(b)   Cooperation. The cooperation requirement per OAC 340:10-10-5 is a TANF eligibility condition when there is an absent parent(s), unless the applicant has good cause for refusing to cooperate. In all but exceptional cases, such as when it is very difficult to gather information, the good cause determination must be made with the same degree of promptness as the determination of TANF eligibility.

(c)   Assignment and degree of promptness. The good cause exception applies only to excuse the cooperation requirement. The requirement that the applicant or recipient per OAC 340:10-10-5 assign support rights to OKDHS as a condition for TANF eligibility:

(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:

(A)   at the time of original application;

(B)   when a child is added to the grant; or

(C)   when circumstances result in an applicant's or recipient's request for good cause.

(2)   The human services center (HSC) does not deny, delay, or discontinue assistance pending a determination of good cause for refusal to cooperate if the applicant or recipient has complied with the requirements to furnish evidence or information.

(e)   Responsibility of applicant or recipient. It is the responsibility of the applicant or recipient who makes a claim for good cause to supply documentary evidence to establish the claim, or to furnish sufficient information to permit OKDHS to investigate the circumstances of good cause for refusing to cooperate. Uncorroborated statements of the applicant or recipient do not constitute verifying information as required by this regulation.

(1)   The evidence must be of probative value and must be supported by written statements to the extent possible. Examples of acceptable written statements are:

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

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

(C)   criminal, medical, child protective services, social services, psychological, or law enforcement records which indicate that the putative or absent parent might inflict physical or emotional harm on the child or caretaker relative;

(D)   medical records which indicate the emotional health history and present emotional health status of the caretaker relative or child, or a written statement from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the caretaker relative or child;

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

(F)   sworn statements from individuals other than the client with knowledge of the circumstances which provide the basis for the good cause claim.

(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 (F) 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.

[Source: 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]