Page 2163

7 AAC 100.044. Good cause for refusal to cooperate with child support services agency. (a) In accordance with 7 AAC 100.042(b)(7), the department will find that good cause for refusal to cooperate with the child support services agency exists if

(1) cooperation would increase the risk of physical harm to the child, custodial parent, or caretaker relative;

(2) cooperation would increase the risk of emotional harm to the child, custodial parent, or caretaker relative that would reduce the custodial parent’s or caretaker relative’s ability to care for the child adequately; or

(3) proceedings to establish paternity or to secure medical support would 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 custodial parent or 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) The department will, without further investigation, accept the following documentary evidence as satisfactory proof of good cause not to cooperate with the child support services agency:

(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 public or licensed private social service agency showing that the custodial parent or caretaker relative is being aided in determining whether to relinquish the child for adoption and that the aid has been provided for 90 days or less;

(4) a written statement provided by a health care professional, a representative of a child protection or social services agency, a domestic violence counselor, or a representative of the court or a law enforcement agency that indicates to the department that the individual believed to be the noncustodial parent, or the parent of a child born while the mother was not married, might inflict physical harm upon the custodial parent, caretaker relative, or child;

(5) a written statement or other evidence provided by a mental health professional that