CASE MANAGEMENT

CS 059P Applicant/Recipient Cooperation - General Information, Forms, and Specified Relative

10/87 Revised 07/16/08

R527-039; UCA 62A-11-104 and 307.2

 

Statutory Authority

 

UCA 62A-11-104(10) requires the Office of Recovery Services/Child Support Services (ORS/CSS) “to determine whether an individual who has applied for or is receiving cash assistance or Medicaid is cooperating in good faith with the office as required by Section 62A-11-307.2;”

 

UCA 307.2 states,

    “1) An obligee whose rights to support have been assigned under Section 35A-3-108 as a condition of eligibility for public assistance has the following duties:
     (a) Unless a good cause or other exception applies, the obligee shall, at the request of the office:
     (i) cooperate in good faith with the office by providing the name and other identifying information of the other parent of the obligee's child for the purpose of:
     (A) establishing paternity; or
     (B) establishing, modifying, or enforcing a child support order;
     (ii) supply additional necessary information and appear at interviews, hearings, and legal proceedings; and
     (iii) submit the obligee's child and himself to judicially or administratively ordered genetic testing.
     (b) The obligee may not commence an action against an obligor or file a pleading to collect or modify support without the office's written consent.
     (c) The obligee may not do anything to prejudice the rights of the office to establish paternity, enforce provisions requiring health insurance, or to establish and collect support.
     (d) The obligee may not agree to allow the obligor to change the court or administratively ordered manner or amount of payment of past, present, or future support without the office's written consent.
     (2) (a) The office shall determine and redetermine, when appropriate, whether an obligee has cooperated with the office as required by Subsection (1)(a).
     (b) If the office determines that an obligee has not cooperated as required by Subsection (1)(a), the office shall:
     (i) forward the determination and the basis for it to the Department of Workforce Services, which shall inform the Department of Health of the determination, for a determination of whether compliance by the obligee should be excused on the basis of good cause or other exception; and
     (ii) send to the obligee:
     (A) a copy of the notice; and
     (B) information that the obligee may, within 15 days of notice being sent:
     (I) contest the office's determination of noncooperation by filing a written request for an adjudicative proceeding with the office; or
     (II) assert that compliance should be excused on the basis of good cause or other exception by filing a written request for a good cause exception with the Department of Workforce Services.
     (3) The office's right to recover is not reduced or terminated if an obligee agrees to allow the obligor to change the court or administratively ordered manner or amount of payment of support regardless of whether that agreement is entered into before or after public assistance is furnished on behalf of a dependent child.
     (4) (a) If an obligee receives direct payment of assigned support from an obligor, the obligee shall immediately deliver that payment to the office.
     (b) (i) If an obligee agrees with an obligor to receive payment of support other than in the court or administratively ordered manner and receives payment as agreed with the obligor, the obligee shall immediately deliver the cash equivalent of the payment to the office.

     (ii) If the amount delivered to the office by the obligee under Subsection (4)(b)(i) exceeds the amount of the court or administratively ordered support due, the office shall return the excess to the obligee.
     (5) If public assistance furnished on behalf of a dependent child is terminated, the office may continue to provide paternity establishment and support collection services. Unless the obligee notifies the office to discontinue these services, the obligee is considered to have accepted and is bound by the rights, duties, and liabilities of an obligee who has applied for those services.”

General Information

 

Based on national welfare reform passed in 1996, Utah state law was changed to give ORS/CSS, the state Title IV-D agency, total responsibility for determining whether a IV-A applicant or recipient (who has assigned support rights to the state) is cooperating “in good faith” in establishing paternity, and in establishing, modifying and enforcing a child support order.  However, prior to the law change, the Department of Workforce Services (DWS), the state IV-A agency, was responsible for determining IV-A applicant/recipient cooperation.  Now, DWS is only responsible for determining when they believe there is “good cause or other exception” for the IV-A applicant/recipient not to cooperate with CSS.   

 

All IV-A applicants/recipients must meet CSS cooperation requirements unless CSS has determined that the applicant/recipient is not able to meet the cooperation requirements and is cooperating in good faith, or DWS grants good cause or other exception to cooperation.  Non-IV-A applicants must also cooperate with CSS in order for CSS to take necessary case actions. The cooperation requirements and procedures are different for:  IV-A applicants/recipients (depending upon whether paternity needs to be established); applicants/recipients who are receiving Medicaid only; and, Non-IV-A applicants.

 

For more information on these requirements and procedures, refer to the appropriate policy sub-section(s) listed below for specific cooperation requirements.

 

1.      CS 059P-1 - IV-A Applicant/Recipient Cooperation Requirements and DWS Conciliation Process

 

2.      CS 059P-2 – IV-A Administrative Review and Adjudicative Proceeding

 

3.      CS 059P-3 – Non-IV-A Medicaid-only Applicant/Recipient Cooperation Requirements

 

4.      CS 059P-4 - Non-IV-A Applicant Cooperation Requirements

 

Definitions

 

1.                  Cooperation, or meeting cooperation requirements - CSS has determined that an applicant/recipient is meeting all objective cooperation requirements described within this section and the appropriate policy sub-sections for a given stage of the case.

 

2.                  Cooperation in good faith – CSS has determined that an applicant/ recipient is not meeting all of the cooperation requirements described within this section and the appropriate policy sub-sections for a given stage of the case, but believes the applicant/recipient is unable to do so.

 

3.                  Non-cooperation, not meeting cooperation requirements, or not cooperating in good faith – CSS has determined that an applicant/ recipient is not meeting all objective cooperation requirements described within this section and the appropriate policy sub-sections for a given stage of the case, and believes the applicant/recipient is able to do so. 

 

Specified Relative

 

Cooperation of a specified relative must be determined on a case by case basis.  When the specified relative is asked to provide information, you must consider what information is known by, possessed by, or reasonably obtainable by the specified relative.  Also, you must consider the specified relative’s willingness to provide the requested information, and the strength of that individual’s argument(s).

 

EXAMPLE: The specified relative is the grandmother of a child with no legal father.  You instruct the grandmother to ask the child’s mother to provide the name of the alleged father.  If you believe the grandmother has talked to the mother, then she has cooperated, even if she is unable to provide the father’s name.  However, if the grandmother is not able to contact the mom for some reason, e.g., the mom has left the state and no one has heard from her or knows where she is, the most you can reasonably expect from the grandmother is to provide all known information about the mother so CSS can attempt to locate her and pursue the name of the father.

 

If you have questions about whether or not the specified relative is meeting cooperation requirements, consult with your management chain (Manager, Associate Regional Director, Regional Director, and CSS Director).