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COMBINED MANUAL

ISSUE DATE 08/2020

CHILD SUPPORT GOOD CAUSE EXEMPTIONS

0012.21.06

MFIP: Caregivers with children must help pursue child and spousal support and child care support (if they receive child care assistance), unless they have good cause for not cooperating. See 0012.21.03 (Support From Non-Custodial Parents). Caregivers may claim good cause at any time by completing the Cooperation With Child Support Enforcement (DHS-2338) (PDF). Good cause is automatically approved upon completion of the (DHS-2338) if a caregiver is a current participant in the Safe at Home (SAH) program. See 0029.29 (Safe At Home Program).

Caregivers with children who do not cooperate with the child support office are subject to sanction. See 0012.24 (Child Support Sanctions). Caregivers who are subject to sanction and then claim good cause are eligible while their good cause claim is pending. Do not impose a sanction unless a claim is denied.

INFORMING ABOUT GOOD CAUSE

Use the Cooperation With Child Support Enforcement (DHS-2338) (PDF) to tell clients of their right to claim good cause and the procedure for determining if good cause exists. This notice is required at the time of initial application and any time caregivers add children. Recipients of assistance can claim good cause at any time during the receipt of assistance. Put a copy of the signed notice in the case file.

Good cause exists when:

● The caregiver is a current participant in the Safe at Home Program.

● The mother conceived the child as a result of rape or incest.

● Legal proceedings for the adoption of the child are pending.

● The parent is trying to decide whether to keep or give the child up for adoption. The parent must be working with a public or licensed private social service agency and the decision process cannot exceed 3 months.

● Cooperation will cause physical or emotional harm to the child.

● Cooperation will cause physical or emotional harm to the child’s caregiver, which will reduce the caregiver’s ability to adequately care for the child.

Physical and emotional harm must be of a serious nature in order to justify a finding of good cause exemption. A finding of good cause exemption based on emotional harm may only be based upon a demonstration of emotional impairment that substantially affects the person’s ability to function.

A good cause review is required when an MFIP caregiver has been sanctioned at 30% for 6 months. See 0012.24 (Child Support Sanctions).

When a client files a good cause claim, send a copy of the Cooperation With Child Support Enforcement (DHS-2338) (PDF) to the child support agency.

GOOD CAUSE COMMITTEE

The Department of Human Services (DHS) requires county agencies to form a county good cause committee with at least 1 representative from the child support enforcement agency. DHS also encourages county agencies to add representatives from the Child Care Assistance program and the Health Care programs, to ensure that each area is represented.

The good cause committee uses 7 notices to give all caregivers claiming good cause consistent information about the committee’s decision and about their rights and responsibilities. These notices are:

● Important Information about Your Request for a Child Support Good Cause Exemption (DHS-3627) (PDF).