108.71 Support Cooperation

As a condition of eligibility, each TANF applicant/recipient must cooperate in the determination of paternity and the establishment or enforcement of a support order, unless this requirement is waived for good cause. A good cause waiver may be granted based upon domestic violence. The PA/CS 173 WP (Support and Good Cause Notice), must be provided to all applicants and recipients during application and renewal. The PA/CS 173 WP provides information to assist individuals in evaluating whether they can pursue support safely or want to seek a waiver.

55 Pa. Code § 187.23(b)

55 Pa. Code § 187.23(d)

Examples of reasons why an individual might seek a waiver of the requirement include but are not limited to:

Cooperation may place a victim /survivor and/or the victim /survivor's family or household at risk of violence by giving the batterer notice of the victim’s whereabouts,

Cooperation may place a victim /survivor and/or the victim /survivor's family or household at risk of violence by provoking abuse; or

Cooperation may penalize a victim /survivor by requiring disclosure of sensitive information such as the disclosure to a child conceived as a result of rape of the identity of the parent.

Good cause may be granted if:

The child was conceived as a result of rape or incest.

55 Pa. Code § 187.27(a)(1)

55 Pa. Code § 187.27(a)(2)

Court proceedings are ongoing for adoption of the child.

An agency is working to help the individual decide whether or not the child should be placed for adoption.

55 Pa. Code § 187.27(a)(3)

NOTE: The standards and procedures for processing claims of good cause based on these circumstances are covered separately in Cash Assistance Handbook Section 131.6 .

Rape may serve as a basis for a good cause waiver under both the domestic violence and the rape, incest, and adoption policy/procedure. If documentation of rape is available, the individual may complete the PA/CS 173 GC (“Good Cause” Determination Based on Factors Other Than Domestic Violence for Child Support or Paternity). The PA/CS 173GC is available on DocuShare . If documentation of rape is not available to the client, the CAO should advise the individual to follow the domestic violence procedure, using the PA 1747 . (See Section 108.81, Verification: Domestic Violence Verification Form (PA 1747) .

Action to establish paternity or obtain child or spousal support would make it more difficult for the individual or family member to escape domestic violence.

55 Pa. Code § 108.8(b)(1)

When the applicant or recipient initiates a claim of good cause, with the court or DRS, a determination must be made within 45 days of the claim or,

When the applicant or recipient initiates a claim of good cause with DHS, a determination must be made within 15 calendar days of the claim.

55 Pa. Code § 187.27(c)

As soon as the determination is made on a good cause waiver of child or spousal support requirements, the CAO will send a copy of the PA/CS 173 GC or PA 1747 establishing entitlement to the waiver to the Bureau of Child Support Enforcement (BCSE) Area Office. The PA 1747 and PA/CS 173 GC must be accurately completed and must include the county code with the case number. See CAH 108 Appendix B, Bureau of Child Support Enforcement (BCSE) Area Offices– DV Forms .

The CAO must explain essential points about the support process for individuals to make an informed decision about whether they can safely pursue support. The essential points they need to know are:

The Support Process

The custodial parent and or specified relative (usually the applicant/recipient) will be asked to provide information to help locate the noncustodial parent, putative parent, or spouse.

55 Pa. Code § 187.23(b)

It may be necessary to establish that the individual named is the parent. This can be done by getting a voluntary acknowledgement of paternity or court-ordered genetic testing if the parents are not married.

55 Pa. Code § 187.23(b)(1)

It is necessary to go to court to determine whether that individual will be ordered to pay support and if so, how much.

All of these actions will require that:

Court papers, which include the individual’s name and address, be sent to the other parent , putative parent, or specified relative to notify them of the time and date of conferences or hearings, and

The individual attend conferences and hearings at which the other parent (or putative parent) may be present.

55 Pa. Code § 187.23(b)(5)

Addressing Safety Risks

Any of the actions discussed above could potentially place an individual who is experiencing domestic violence at risk or could place a client who has experienced domestic violence at risk of further violence. It is therefore important to thoroughly explain the support process.

Once the individual is given information to assess the risk of pursuing support, the options available to address safety risks need to be explained:

Individuals who believe that they cannot pursue support safely can request a good cause waiver of support requirements.

If an individual has experienced or is experiencing domestic violence, and they have an active support order, they can claim good cause. The CAO should review for a good cause waiver and use the appropriate support referral code found in 108.711 Child Support Referral Codes . The CAO should immediately contact the DRS to inform them that the individual has requested that the order be stopped.

Individuals who want to pursue support but want their location to be confidential can have the FVI entered on their file to safeguard information about their address. The CAO will use the appropriate support referral code found in 108.711 Child Support Referral Codes.

Individuals who decide to pursue support may also take advantage of any accommodations the county court may offer to make it safer for them to pursue support.

Individuals who determine that it is unsafe to pursue support can seek a good cause waiver at any time, even after a support order has been entered.

Remember also that if an individual requests good cause for not complying with support requirements:

The CAO is prohibited from making any contact with the abuser.

The CAO determines if “cooperation” has been met.

Under no circumstances will the CAO require the individual to obtain a Protection from Abuse Order (PFA).

Support Forms

The PA 643A , Certification of Cooperation, is completed for a support referral to the Domestic Relations Section (DRS) when a support action is pursued.

55 Pa. Code § 187.23(d)

The PA/CS 173 WP is provided to individuals at each application, and renewal . The individual’s signature on the P A 173 WP is required if the individual requests a good cause waiver.

The PA 1747 (Family Safety Notice and Domestic Violence Verification Form) is provided prior to imposition of a reduction for failure to cooperate with support requirements.