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8.3.5 Evidence An initial good cause claim may be based only on evidence in existence at the time of the claim. There is no limit to the age of the evidence. Once a final determination is made, including any fair hearing decision, any subsequent claim must be based on new evidence. The following may be used as evidence: 1. Birth certificates or medical or law enforcement records that indicate that the child may have been conceived as a result of incest or sexual assault. 2. Court documents or other records which indicate that a petition for the adoption of the child has been filed with a court. 3. Court, medical, criminal, child protective services, social services, psychological school, or law enforcement records which indicate that the alleged father or absent parent might inflict physical or emotional harm on the member or the child. 4. Medical records which give the emotional health history and present emotional health status of the member or the child. 5. A written statement from a mental health professional indicating a diagnosis of or prognosis on the emotional health of the member or the child. 6. A written statement from a public or private social agency that the agency is assisting the parent to decide whether or not to terminate parental rights. 7. A sworn statement from someone other than the member with knowledge of the circumstance on which the claim is based. 8. Any other supporting or corroborative evidence. When a claim is based on emotional harm to the child or the member, the IM agency must consider the: 1. Person's present emotional state, and 2. Person's emotional health history, and 3. Intensity and probable duration of the emotional impairment, and 4. Degree of cooperation required, and 5. Extent of the child's involvement in the paternity or the support enforcement activity to be undertaken. If the member submits only one piece of evidence or inclusive evidence, you may refer him or her to a mental health professional for a report relating to the claim. When a claim is based on his or her undocumented statement that the child was conceived as a result of incest or sexual assault, it should be reviewed as one based on emotional harm. The IM agency must conduct an investigation when a claim is based on anticipated physical harm and no evidence is submitted. The member has 20 days, from the date the claim is signed, to submit evidence. The IM agency, with supervisory approval, may determine that more time is needed. There must be at least one document of evidence, in addition to any sworn statements from the member. The IM agency should encourage the provision of as many types of evidence as possible and offer any assistance necessary in obtaining necessary evidence. When insufficient evidence has been submitted: