0205.060.05 Notice/Good Cause for Refusal to Cooperate

1. Before asking an applicant or Temporary Assistance (TA) participant to cooperate in establishing paternity or in establishing, modifying, or enforcing a support order regarding a child advise him/her:
   1. of the potential benefits derived from establishing paternity and establishing, modifying, or enforcing a support order;
   2. that cooperation in establishing paternity and establishing, modifying or enforcing a support order is a condition of eligibility;
   3. that he/she may claim good cause for refusing to cooperate;
   4. of the sanction applied if he/she refuses to cooperate without good cause;
   5. that if it is determined that good cause for failure to cooperate exists, the applicant or TA participant will not have to cooperate in establishing paternity or in establishing, modifying, or enforcing support; and
   6. that upon request or following a claim of good cause the Family Support Division will provide further notice with additional details concerning good cause.

   The Notice of Requirement to Cooperate and Right to Claim Good Cause for Refusal to Cooperate with Child Support (IM-2E Part One) contain the information that the applicant or TA participant must be given before being requested to cooperate. Each applicant or TA participant required to assign support rights must signify understanding of the right to claim good cause by completing the form at the time of application for Temporary Assistance.

   When adding a child to an active case, the applicant or TA participant signs another copy of IM-2E Part One. This reminds the applicant or TA participant that he/she may claim good cause.

2. When an applicant or program participant either requests additional information or makes a claim of
   1. of the circumstances under which good cause exists;
   2. that he/she will be asked to explain the basis of the good cause claim and to supply evidence and any other information necessary to establish the claim;
   3. that the Family Support Division will assist in obtaining evidence, if requested;
   4. that based on evidence and investigating information provided by the applicant or TA participant (if warranted) the Family Support Division will determine if good cause exists;
   5. that the Family Support Division-Child Support may review the findings and basis of the good cause determination and may participate in any hearings regarding the issue of good cause; and
   6. that the Family Support Division-Child Support will not attempt to establish paternity or secure support if the applicant or TA  participant is determined to have good cause.

   The Second Notice of Right to Claim Good Cause for Refusal to Cooperate with Child Support (IM-2E Part Two) contains the additional information that the applicant or TA participant must be given when requested or when he/she claims good cause for refusal to cooperate. The form provides space for the applicant or TA participant to make a good cause claim in writing. Both the applicant or TA participant and the eligibility specialist must sign and date the form.

0205.060.10 Areas of Cooperation

1. Identifying Non-custodial Parents

   The applicant or Temporary Assistance (TA) participant is responsible for providing all information available concerning identification of the non-custodial parent of the child for whom benefits have been requested. If the non-custodial parent's identity is unknown, the applicant or TA participant is responsible for providing all possible sources of information to be used in identifying the parent.

   If the applicant or TA participant states that the non-custodial parent is unknown, explore the circumstances surrounding the claim thoroughly, and record a comment in FAMIS about the applicant or TA participant's explanation. Ask him/her to submit all information available to verify the claim. Acceptable methods of verification include:

   1. If rape is claimed, request a police report of the incident.
   2. If the applicant or TA participant claims to have met the non-custodial parent one time, ask him/her to provide names of other individuals who may know the non-custodial parent.

   If more than one alleged father exists for a child, or if responsibility for child support is unclear, refer each alleged parent of that child to the Family Support Division - Child Support (FSD-CS). A  Referral/Information for Services (CS-201) needs to be completed for each alleged parent. In cases where someone other than the legal father is alleged to be the biological father, complete a CS-201 for the legal father and one for the alleged biological father.

   NOTE: If mailing a completed CS-201 form, mail to: Family Support Division, PO Box 6790, Jefferson City, MO 65102-6790.  At the discretion of the IM FSD office, completed CS-201 forms can be faxed (573-635-7545),  or scanned and e-mailed to FSD.IntakeCenter@dss.mo.gov. Refer the applicant or TA participant to  a local FSD-CS office if further assistance by FSD-CS is required. The appropriate FSD-CS office can be located on the Department of Social Services internet home page. DO NOT fax CS-201 referrals to state office.

   In adoption cases eligibility is determined based on the adopting parent. Complete a CS-201 for the adopting parent.

   In all cases explain to the applicant or TA participant the importance of cooperating with the identification of the non-custodial parent. A refusal to do this may result in a determination of failure to cooperate and the application of a sanction if the applicant or TA participant fails to claim good cause.

   The earlier paternity and/or support are established the sooner the child may:

   • have a relationship with the non-custodial parent;
   • have access to child support;
   • have access to the non-custodial parent's medical benefits;
   • obtain information on the non-custodial parent's medical history; and
   • receive other benefits resulting from paternity establishment.
2. Locating Non-custodial Parents

   The applicant or TA participant is responsible for furnishing information to help locate the non-custodial parent. If the location is unknown, the applicant or TA participant will be asked to provide information that may lead to possible sources for obtaining this information. Assist the applicant or TA participant in any way possible to complete the necessary information on the CS-201. The applicant or TA participant's failure to participate in locating the non-custodial parent without good cause may result in a determination of refusal to cooperate and the application of a sanction.

3. Other Areas of Cooperation

   The applicant or TA participant may be asked to take a more active role in identifying and locating the non-custodial parent. This may include:

   1. establishing the paternity of a child born out of wedlock when cash assistance is requested;
   2. helping to obtain support payments, medical support, or any other payments or property due the applicant or TA  participant on behalf of the child;
   3. going to the FSD-CS office to provide verbal or written information about the non-custodial parent;
   4. appearing as a witness at court or other hearings or proceedings; and
   5. providing the FSD-CS with any support payments covered by an assignment to the FSD-CS and received from the non-custodial parent.

0205.060.15 Refusal to Cooperate

1. Do not deny, delay, or discontinue assistance pending a determination of good cause for refusal to cooperate if the applicant or Temporary Assistance (TA) participant complied with the requirements to furnish evidence or information. If an applicant or TA participant supplies evidence and information sufficient to determine good cause, approve the application if otherwise eligible to meet the 30 day deadline. This should occur whether or not a final determination of the good cause claim has been completed. When possible, make this determination before case approval. At the time of approval complete a Referral/Information for Services (CS-201) on the non-custodial parent if a final determination of good cause is pending. Inform the child support specialist (CSS) that the applicant or TA participant claimed good cause and that the final determination is pending. Refer to Section 0205.060.05 for instructions on how to submit completed CS-201 forms.

   If an applicant or TA participant refuses to cooperate, discuss his/her reasons. An applicant or TA participant may refuse to cooperate in establishing paternity or obtaining child support without sanction if good cause exists.

0205.060.20 Good Cause Defined

Good cause for refusing to cooperate exists when one or more of the following circumstances exist:

1. Cooperation by the applicant or Temporary Assistance (TA) participant may reasonably be anticipated to result in:
   1. physical or emotional harm to the child;
   2. physical or emotional harm to the applicant or TA  participant so serious that it reduces his/her capacity to care adequately for the child; or
   3. physical or emotional harm to the applicant or TA participant as a result of domestic violence.
2. Establishing paternity or securing support will be detrimental to the child because:
   1. the child was conceived as a result of forcible, not statutory, rape or incest;
   2. legal proceedings for adopting the child are pending before a court; or
   3. a public or private social service agency is currently assisting the applicant or TA participant to resolve the issue of whether to keep the child or relinquish the child for adoption, and the discussions have not gone on for more than three months.

0205.060.25 Determining Good Cause

1. Applicant or Temporary Assistance (TA) Participant's Responsibilities
   1. The applicant or TA participant requests that a determination be made of his/her good cause claim for failure to cooperate.
   2. The applicant or TA participant alone or with the eligibility specialist assistance provides evidence in support of the good cause claim (see Types of Evidence in Section 0205.060.30). Allow the applicant or TA participant sufficient time to obtain the evidence, especially if it is unusually difficult to obtain. If an applicant or TA participant claims good cause based on physical harm and no evidence exists to verify the claim, request a written explanation for the record.
2. Income Maintenance Eligibility Specialist Responsibilities
   1. Give the applicant or TA  participant a copy of the Notice of Requirement to Cooperate and Right to Claim Good Cause (IM-2E Part 1 or Part 2) that gives additional information regarding the good cause claim, his/her responsibilities, and space to make the claim in writing.
   2. Use the Communication Transmittal (IM-16) to notify the child support specialist of a good cause claim when a Referral/Information for Services (CS-201) has already been sent.
   3. Assist the applicant or TA participant in obtaining evidence when necessary. Advise him/her of methods to obtain documentation. The applicant or TA participant may be asked to provide sufficient identifying information and pay any fees required to obtain the document.

      EXCEPTION: The Family Support Division will pay for an evaluation from a mental health professional regarding risk of emotional harm when necessary. The applicant or TA participant's inability to pay a fee will not negatively affect a determination that good cause exists.

   4. Determine within 45 days whether good cause for failure to cooperate exists.
   5. Send the IM-16 to the CSS for their review. Consider any comments the CSS has regarding the determination. It is the responsibility of the eligibility specialist to make the final determination. If no comments are received from the CSS within five (5) working days, complete the decision-making process.
   6. Refer all claims of good cause to the Program Manager/County Manager for their review before final determination.
   7. Notify the applicant or TA participant and the CSS in writing of the final determination on all good cause claims.
   8. Notify the CSS of any hearing requests regarding good cause claims and the hearing results.
   9. If it is determined good cause does not exist follow sanction procedures as outlined in section 0205.060.35 Sanctions for Refusal to Cooperate. All efforts must be made to assist the applicant or TA participant in understanding his/her options.
   10. Document the decision, findings, and basis for the good cause determination on the comment screen on the Assignment/Referral (ASSIGN/FM86) screen in FAMIS. Keep any hard copy documentation in the case record.
   11. If a refusal to cooperate is determined to be with good cause, re-assess the good cause determination at each review. Circumstances may have changed, and the applicant or TA participant may wish to establish paternity and/or child support.
3. Family Support Division-Child Support Responsibilities
   1. The CSS notifies Income Maintenance eligibility specialist via the IM-16 if an applicant or TA participant refuses to cooperate with FSD-CS or a Prosecuting Attorney.
   2. The CSS suspends all efforts to establish paternity or secure support when notified of a good cause claim. This suspension continues until the CSS receives notification of a final determination.
   3. The CSS may participate in a hearing regarding good cause determination either at the applicant or TA participant's or the eligibility specialist's request.
   4.  FSD-CS does not begin to establish paternity or secure support if Income Maintenance finds good cause for refusal to cooperate. Once Income Maintenance determines good cause and notifies FSD-CS, FSD-CS closes the case.

      NOTE: If a participant notifies Income Maintenance in the future that good cause no longer exists, it is necessary to complete a new CS-201 or send an IM-16 notifying FSD-CS that they can reopen the child support case.

0205.060.30 Types of Evidence

1. Evidence to support a good cause claim may include the following:
   1. Incidents of domestic violence resulting in physical or emotional harm to the child, applicant, or Temporary Assistance (TA) participant.

      Types of Evidence:

      1. Court, medical, criminal, child protective services, social services, psychological, or law enforcement records. These records or statements should indicate that the noncustodial parent may inflict physical or emotional harm on the child, applicant, or TA  participant as a result of cooperation;
      2. Medical records including the emotional health history and present emotional health of the child, applicant, or TA participant. These may be in the form of a written diagnosis or prognosis from a mental health professional indicating the emotional health of the child, applicant, or TA participant. These records should indicate that emotional harm to the child, applicant, or TA  participant would result from cooperating;
      3. Medical and court records indicating that the noncustodial parent caused physical or emotional harm to the applicant or TA  participant as a result of domestic violence; or
      4. When documentation is unavailable, accept statements of the child, applicant, or TA participant. Make efforts to corroborate the statements by someone familiar with the situation.
   2. Conceived as a result of forcible rape or incest.

      Types of Evidence:

      Birth certificates or medical or law enforcement records indicating that the child was conceived as a result of forcible rape or incest. These records may include a written statement from the applicant or TA participant if formal documentation is not available.

   3. Adoption proceedings pending.

      Types of Evidence:

      Court documents or other records to indicate that legal adoption proceedings are pending. These records may include written statements from staff of a public/private adoption agency.

   4. Counseling regarding relinquishment.

      Types of Evidence:

      Written statements from public or private social services agencies stating that the applicant or TA participant is being assisted to resolve the issue of whether to keep the child or relinquish the child for adoption. The discussions may not have gone on for more than three months.

   5. All above causes except emotional harm.

      Types of Evidence:

      Sworn statements from individuals other than the applicant or TA participant with knowledge of the circumstances on which the good cause claim is based. A statement given under oath to a notary public is the most common and most available type of sworn statement.

   In determining emotional harm, if the applicant or TA participant needs a mental evaluation to prove or disprove emotional harm, the State should pay for it. This payment is made in the same method as an examination to determine incapacity. The evaluation is valid for two years unless the mental health professional or the eligibility specialist determines that another evaluation is needed.

2. Situations that may require additional evidence before the eligibility specialist can make a good cause determination include:
   1. evidence provided by the applicant or TA participant does not provide sufficient basis for making a good cause determination. The eligibility specialist must request that he/she provide additional evidence or information needed to make the determination. Assist the applicant or TA participant in obtaining additional information as necessary.

      When investigating a good cause claim and the applicant or TA participant has been identified as a victim of domestic violence, DO NOT CONTACT THE NONCUSTODIAL PARENT UNDER ANY CIRCUMSTANCES.

   2. the good cause claim does not involve domestic violence, DO NOT CONTACT THE NONCUSTODIAL PARENT unless the contact is absolutely necessary. If it is necessary to contact the noncustodial parent, notify the applicant or TA participant BEFORE MAKING CONTACT, and provide the applicant or TA participant the choice to:
      1. Present additional evidence or information to avoid contact with the noncustodial parent;
      2. Withdraw the application for assistance rather than have the noncustodial parent contacted; or
      3. Have the good cause claim denied.

0205.060.30.05 Physical Harm/No Evidence Available

If a claim is based on physical harm with no evidence available, determine good cause based on anticipation of physical harm. The applicant or Temporary Assistance (TA) participant is responsible for providing enough information to establish the claim and explain why no evidence is available. Conduct whatever investigation is needed to make the good cause determination.

After all attempts have been made to seek assistance from the applicant or TA  participant to establish good cause and he/she is unwilling to assist, it will be necessary to follow sanction policy as outlined in 0205.060.35 Sanctions for Refusal to Cooperate.

0205.060.35 Sanctions for Refusal to Cooperate

When Child Support determines a Temporary Assistance (TA) applicant or participant is not cooperating in establishing paternity, or in establishing, modifying, or enforcing a support order with respect to a child, and this non-cooperation is without good cause (refer to section 0205.060.20 Good Cause Defined, and 0205.060.25 Determining Good Cause for additional information), the TA grant is reduced 25% by entering a sanction on the Sanction/Disqualification (SANDISQ/FMAM) screen, using type code NCS (non-cooperation with child support (TA only)). Refer to the FAMIS User Guide Entering a Sanction or Disqualification for instructions on entering a sanction in FAMIS. Refer to the FAMIS User Guide UPDATING/ENDING A SANCTION OR DISQUALIFICATION for instructions on ending a sanction.

Sanction Request Received from Child Support

The child support specialist (CSS) sends a message and/or attaches the Communication Transmittal (IM-16) to the designated email address when a sanction for non-cooperation with child support must be entered or ended in FAMIS. The email contains the words TA Child Support Sanction in the subject line.

When entering or ending a sanction, the ES must complete an eligibility determination (EDRES) to authorize the action. Refer to the FAMIS User Guide AUTHORIZING AN ACTION for instructions to complete the authorization process. After entering a sanction and completing the EDRES, FAMIS automatically generates the Notice of Adverse Action (FA510).

If a hearing is requested within the adverse action period, do not take action until the hearing has been conducted and a decision rendered. Refer to the FAMIS User Guide CHANGING AN ADVERSE ACTION STATUS for instructions to put the action to reduce benefits on hold. Putting the action on hold allows the eligibility unit to continue to receive the current amount of benefits until the hearing decision is rendered.

0205.070.10 Online Work Registration

Senate Bill 24 from 2015 created the Strengthening Missouri Families Act. RSMo 208.026.3 states beginning January 1, 2016, any parent(s) or caretaker who applies for TA benefits must engage in work activities before becoming eligible from benefits, unless exempt from Temporary Assistance (TA) work requirements.

Applicants and second parents required to meet this eligibility factor must create an account with jobs.mo.gov. If an applicant for TA already has an account with jobs.mo.gov, they must login to their account at jobs.mo.gov prior to the TA application due date. The TA application will pend until verification is received that the individual(s) has created an account or logged-in to their existing account. If verification is not received, the application will reject.

Verification may be received electronically through a match with Division of Workforce Development (DWD), or the applicant may provide a printout of the “My Profile” page from their jobs.mo.gov account.

When this eligibility factor has been met, a date will be displayed on the “TA Work Requirement (COMPACT/FM8B) screen in the “Engaged in Work Activity” field. Staff may manually enter the date the verification is received from the applicant when a printed screen is provided.

A User Guide “Navigating jobs.mo.gov” is available for staff to assist TA applicants creating an account or logging in the website.