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Chapter: 1400 Technical Requirements Program: MSSI, SFP 55 2. non-custodial (absent) mothers, and 3. all putative (non-legal biological) fathers. 1440.1705.02 Legal Father and Natural Father (MSSI) 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 both the legal and putative father. 1440.1706 Cooperation by a Pregnant Woman (MSSI) In order to receive Medicaid benefits, a pregnant woman is not required to cooperate with CSE during the pregnancy. The pregnant woman can receive Medicaid for herself only. 1440.1707 Good Cause for Failure to Cooperate (MSSI) 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. 1440.1708 Reasons for Good Cause (MSSI) 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). 1440.1709 Failure to Cooperate (MSSI) When the parent or caretaker relative refuses to provide information regarding the non-custodial parent during an application or eligibility review, the eligibility specialist must review child support cooperation requirements with the individual. Deny the application for Medicaid for the noncompliant adult unless the adult is pregnant and meets all other factors of eligibility. Medicaid for children will be approved if they meet all other factors of eligibility.

Note: If the individual who failed to cooperate was a child in a parent's grant (a teen parent), the child would not be removed from Medicaid eligibility and the child's parent would not be eligible for Medicaid.