Page 29

Chapter: 1450 Technical Requirements Program: CIC 26

Applicants for and recipients of Temporary Cash Assistance and Medicaid (including caretaker relatives receiving Temporary Cash Assistance) must cooperate with Child Support Enforcement (CSE) as a condition of eligibility unless it is determined that good cause for non-cooperation with CSE exists.

Exceptions: Emergency Medicaid for Aliens (EMA), transitional Medicaid, and Child Only Medicaid cases.

Under federal law, a parent’s cooperation in establishing paternity, assigning rights to medical support and payments, and providing information about liable third parties cannot be required as a condition of a child’s eligibility for Medicaid. Therefore, states are not required to ask about paternity or to seek cooperation in pursuing medical support and third party payments when an application is filed, or a redetermination is done, only on behalf of the child. 1450.1703 Child Support Cooperation Requirement (CIC) Information about the absent parent(s) must be provided to Child Support Enforcement (CSE) by the CIC eligibility specialist for all children in care approved for Medicaid. Non-custodial parent information must be provided to the CIC eligibility specialist by the Children and Families, Juvenile Justice (JJ) or private agency representing the child. 1450.1704 Definition of Cooperation (CIC) Cooperation includes the following:

1. providing complete information required to obtain child support (if information about the non-custodial parent is known by the applicant/recipient but is withheld, the applicant/recipient may face a possible penalty of perjury); 2. completing and signing affidavits attesting to paternity of the child; 3. making court appearances and providing testimony in paternity hearings and support actions; and 4. reporting to the eligibility specialist within 10 calendar days payments of child support made directly to the parent or caretaker relative.

1450.1705.01 Definition of Non-custodial Parent (CIC) The term "non-custodial parent" refers to non-custodial (absent) legal fathers, non-custodial (absent) mothers, and all putative (non-legal biological) fathers. 1450.1705.02 Legal Father and Natural Father (CIC) If both a legal and putative father exists, or the responsibility for support is not clear, the parent or caretaker relative must provide information on each parent. 1450.1707 Good Cause for Failure to Cooperate (CIC) Cooperation in establishing paternity and/or securing support may be contrary to the best interest of the family. In those situations, a parent or caretaker relative may have good cause for not cooperating. Child Support Enforcement (CSE) must advise these individuals of reasons for good cause.

The eligibility specialist must refer the individual to CSE even when it appears that good cause exists. 1450.1708 Reasons for Good Cause (CIC)