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Editor’s note: As of Register 171 (October 2004), and acting under AS 44.62.125(b)(6) and sec. 12, ch. 107, SLA 2004, the regulations attorney made technical changes to reflect the name change of the child support enforcement agency to the child support services agency made by sec. 1, ch. 107, SLA 2004. 7 AAC 45.250. Good cause for refusal to cooperate with child support services agency. (a) In accordance with 7 AAC 45.245(j), the department may find that good cause for refusal to cooperate with the child support services agency exists if

(1) cooperation is anticipated to result in physical or emotional harm to the child or to the caretaker relative that would reduce the caretaker relative’s ability to care for the child adequately; or

(2) proceeding to establish paternity or to secure support will be detrimental to the child because

(A) the child was conceived as a result of incest or as a result of an action that would constitute the crime of sexual assault in the first degree, as defined in AS 11.41.410;

(B) legal proceedings for adoption of the child are pending before a court; or

(C) the caretaker relative is currently being assisted by a public or licensed private social service agency to resolve the issue of whether to keep the child or to relinquish the child for adoption. (b) Reserved. (c) The department will, without further investigation, accept the following documentary evidence as proof of good cause not to cooperate:

(1) a birth certificate, medical report, or law enforcement record that shows that the child was conceived as a result of incest or as a result of an action that would constitute the crime of sexual assault in the first degree as defined in AS 11.41.410;

(2) court records or other written records that show that proceedings to adopt the child are now pending before a court;

(3) a written statement or other document from a licensed private or public social service agency showing that the caretaker relative is being aided in determining whether to give up the child for adoption and that this aid has been provided for less than 90 days;

(4) a written statement provided by a medical or mental health professional, representative of a child protection or social services agency, domestic violence counselor, or representative of the court or a law enforcement agency that indicates to the department that the individual believed to be the absent parent, or the parent of a child born while the mother was