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CSED will not contact the non-custodial parent without informing the applicant/recipient and will not contact the non-custodial parent at all if it will put the applicant/recipient in danger. CSED will not attempt to establish third party liability (see Section 3.2: Third Party Liability for Payment of Medical Expenses in this Part) for medical services in situations in which it determines that the applicant/recipient has good cause for refusing to cooperate. If CSED does not determine that there is good cause, the individual can continue to fail to cooperate (making CSED contact impossible) and suffer the associated sanction.

If CSED does not find good cause or the assistance unit does not cooperate, IMA then applies a sanction to the assistance unit. The sanction for non-cooperation differs by program. If a TANF/POWER recipient fails to cooperate, the family's TANF/POWER grant is reduced by 25 percent. In MA, the adult who failed to cooperate is disqualified from MA.

This chapter relates only to those MA, TANF, and POWER assistance units which are subject to the medical/child support requirement. Thus, when the term 'ALL' is used in this chapter, it refers only to those programs and categories which impose this requirement.

POWER policy follows TANF policy, therefore the policies listed under 'TANF' also relate to POWER.

LEGAL AUTHORITY 2.2

AREA/TOPIC DISTRICT FEDERAL Child Support Requirements TANF: D.C. Code 4-205.19, 4- 217.8-10; 29 DCMR 1707 and 1715 MA: 42 USC 1396a(a)(45), 1396k; 42 CFR 433.145-.148, 435.610 TANF: 45 CFR 264.30-3

THE NOTICE OF REQUIREMENT TO COOPERATE AND RIGHT TO CLAIM GOOD CAUSE FOR REFUSAL TO COOPERATE WITH CHILD SUPPORT EFFORTS 2.3

ALL Every applicant/recipient who is a parent or caretaker of a child for whom benefits are paid or sought must be given a copy of the Notice of Requirement to Cooperate and Right to Claim Good Cause for Refusal to Cooperate in Child Support Enforcement. The SSR should explain the purpose of the notice, the penalties for not cooperating with CSED, and the reasons that the applicant/recipient may be exempt from the requirement to cooperate (i.e., good cause). The SSR must make sure the applicant/recipient reads, understands, and signs the Notice of Requirement to Cooperate and Right to Claim Good Cause for Refusal to Cooperate in Child Support Enforcement. The SSR must also sign the notice and place a signed and dated copy in the case file of the applicant/recipient and provide an additional copy to the applicant/or recipient at the time of signing. The applicant/recipient must be given an opportunity to express his/her intent to claim a good cause reason not to comply with child support requirements at the time s/he signs the notice. If s/he expresses intent to claim good cause, this information must be registered in ACEDS. The recipient can also claim good cause at the point s/he meets with CSED or at any future date. After the SSR signs the notice, the SSR will refer the assistance unit to the CSED which will begin the process of establishing paternity (if required) and collecting support from the absent parent.