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Chapter: 1400 Technical Requirements Program: MFAM 24 1430.1707 Good Cause for Failure to Cooperate (MFAM) 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.

Refer the individual to CSE even when it appears that good cause exists. 1430.1708 Reasons for Good Cause (MFAM) Good cause is determined by Child Support Enforcement (CSE). Good cause may exist when cooperation in establishing paternity or securing child support could result in one of the following conditions:

1. Physical harm to the child - examples are broken bones, bruises, burns, lacerations, etc.; 2. Emotional harm to the child - examples are poor school performance, sleep disturbances, self-destructive behavior, eating disorders, etc.; 3. Physical harm to the parent or caretaker relative which reduces the individual's capacity to care for the child adequately (such as life threatening injury); or 4. Emotional harm to the parent or caretaker relative to such a degree that the individual's capacity to adequately care for the child is diminished (such as any psychological disorder or dysfunction which has a serious impact on the individual's abilities as a caretaker).

Good cause may also exist under the following circumstances:

1. The child was conceived as a result of incest or forcible rape, 2. Legal proceedings for the adoption of the child are pending before a court, or 3. The parent or caretaker relative is being assisted by a public or licensed private social agency to determine whether or not to relinquish the child for adoption (this circumstance is valid for three months). 1430.1710 CSE Reports of Failure to Cooperate (MFAM) When Child Support Enforcement (CSE) directs the eligibility specialist to impose sanctions based upon a Medicaid assistance group member's noncompliance with Child Support Enforcement requirements, the eligibility specialist will take immediate action to remove the noncompliant individual from Medicaid unless that person is pregnant.

Note: If pregnant, women will remain Medicaid eligible during the pregnancy and postpartum period as long as they meet all other factors of eligibility. 1430.1711 Ending Sanction (MFAM) Eligibility staff must:

1. Remove the sanction upon CSE’s request that the individual complied. 2. Add the individual back to Medicaid assistance (must meet all other factors of eligibility). 3. Not require an application.

Remove CSE imposed sanctions for noncooperation without CSE approval in the following situations:

1. When the last child subject to cooperation leaves the home. 2. When the last child subject to cooperation turns 18. 3. When the absent parent, based on established legal paternity, moves into the home and