12/84 Revised 06/10/05 Training Completed 00/00/05
42 USC 654(29); 45 CFR 302.31; UCA 62A-11-307.2
UCA 62A-11-307.2 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
(iii) submit the obligee's child and himself to judicially or administratively ordered genetic
testing.” (Emphasis added.)
Claiming Good Cause
To protect the children and/or the custodial parent (CP), a recipient of IV-A financial assistance or Medicaid has the right to request “good cause or other exception” to not cooperate with the IV-A agency (Department of Workforce Services), the Medicaid agency (Department of Health), or the IV-D agency (Office of Recovery Services/Child Support Services) in identifying the alleged father or non-custodial parent (NCP), or assisting in obtaining child support, if the child was conceived as a result of rape or incest, or there is a possibility that cooperating may result in physical or emotional harm to the CP or the children.
In addition, a recipient who claims s/he is unable to meet all cooperation requirements and ORS/CSS has determined that s/he is not “cooperating in good faith,” may request “good cause or other exception” with the Department of Workforce Services (DWS) or the Department of Health (DOH) to meeting the cooperation requirements.
Even though under UCA 62A-11-307.2, DWS may grant an “other exception” to cooperation instead of granting good cause, by administrative rule DWS has chosen not to utilize this option. DOH also does not grant “other exception” to cooperation. Only the good cause option from the statute is utilized.
An applicant or recipient of IV-A financial or Non-IV-A Medicaid-only services makes a request for good cause to DWS or DOH on the CSS “Assignment of Rights” form or on the DWS "Duty of Support” form. DWS or DOH will involve CSS when a good cause request has been made; however, DWS or DOH will make the final determination on the case. DWS is responsible for making the final determination on whether to approve or deny good cause on a IV-A case. DWS or DOH is responsible for making the final determination on whether to approve or deny a good cause on a Non-IV-A Medicaid-only case.
When a IV-A or a Medicaid-only applicant/recipient requests good cause, the DWS or DOH worker enters a code on the PACMIS system that is transmitted to the ORSIS system to begin the good cause process. The DWS/DOH worker will also send any hard copy documentation that supports the good cause claim to the CSS Team Manager. If there is no documentation of good cause available, the applicant/recipient may request a hearing through DWS before an administrative law judge (ALJ). The ALJ can accept sworn verbal testimony and determine the credibility of the applicant/recipient. If an ALJ decides there is good cause for the recipient not to cooperate, accept their determination. The ALJ will notify DWS of the decision and DWS will provide the CSS worker with a written copy of the ruling for the CSS case record.
When a child lives with a specified relative, e.g., a grandmother, the specified relative must claim good cause with DWS or DOH if s/he believes cooperating with CSS may result in physical or emotional harm to him/her or the child.
NOTE: If CSS had a case with the child, the mother and the father that was closed for good cause, the good cause claim would not apply to the specified relative’s case.