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West Virginia Income Maintenance Manual Chapter 18
West Virginia Income Maintenance Manual Page 38 Chapter 18 WV WORKS Activities/Requirements
• The child was conceived as the result of incest or forcible rape. • Legal proceedings for the adoption of the child are pending. • The participant is currently being assisted by the Department or by a licensed private social agency to resolve the issue of whether to keep the child or to relinquish him for adoption and the discussions have not gone on for more than three months. • The participant's cooperation in establishing paternity or securing support is reasonably anticipated to result in: o Physical or emotional harm to the child for whom support is being sought; or o Physical or emotional harm to the parent or other specified relative with whom the child lives, which would reduce such person's capacity to care for the child adequately. A finding of good cause for emotional harm may only be based upon evidence of an emotional impairment that substantially affects the parent or other relative's functioning. o In determining good cause based in whole or in part upon the anticipation of emotional harm to the child, the parent or the other specified relative, the Case Manager must consider the following: ▪ The present emotional state of the individual; ▪ The emotional health history of the individual; ▪ The intensity and probable duration of the emotional impairment; and ▪ The extent of involvement of the child in the paternity establishment of support enforcement activity to be undertaken. 18.6.2.B Procedure to Determine Good Cause The procedure to determine good cause is as follows: • The child was conceived as the result of incest or forcible rape. • Form DFA-AP-1A, Notice to Individual Who Has Claimed Good Cause for Refusal to Cooperate in Child Support Activities, must be completed by the Case Manager during a face-to-face contact with the participant who signed or was interviewed about the DFA- AP-1A. The Case Manager must be sure the participant understands the information on Form DFA-AP-1A. Two original forms must be completed and signed by the Case Manager and the participant. One original is given to the participant and the other filed in the case record.