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A determination that good cause exists due to the emotional harm factor may only be based upon a demonstration of an emotional state that would substantially affect the individual's functioning if the agency required cooperation with support enforcement. Medical records which indicate the emotional health history and present emotional status of the caretaker-relative or the child for whom support would be sought may also substantiate good cause. Additionally, written statements from a psychiatrist or psychologist which indicate the diagnosis or prognosis of the caretaker-relative or the child(ren) may be used for this purpose.
While the applicant or recipient has the responsibility to provide the agency with the required documented evidence, the agency will, upon request, assist the applicant or recipient in obtaining the required evidence.
In circumstances where the physical and emotional harm to include domestic violence is undocumented, the worker may accept the client’s statement as evidence for the good cause claim.
E. Determination of the Good Cause Claim - Based on the evidence gathered, the eligibility worker must evaluate whether the evidence substantiates the existence of the claimed circumstance. If so, to grant a good cause exemption, the worker must further determine that requiring cooperation would be detrimental to the child because that circumstance exists. The worker will make this evaluation by considering the possible impact of cooperating, in view of the existing circumstances. In short, existence of the circumstance does not automatically exempt the client from cooperating.
On every claim of good cause, the worker will make the final determination that:
1. good cause does not exist, or
2. good cause exists and the Division of Child Support Enforcement may not pursue support.
The agency must document the final determination regarding good cause in the case record, specifying the agency's findings and the basis for the decision.
TANF Transmittal 78