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West Virginia Income Maintenance Manual Chapter 18

West Virginia Income Maintenance Manual Page 40 Chapter 18 WV WORKS Activities/Requirements

automatic production of a notice to the absent parent by the BCSE data system.

If the participant indicates to the Case Manager that he does not intend to cooperate in BCSE activities, the Case Manager must determine if good cause exists for the refusal. If good cause does exist, no BCSE action is required or taken and no penalty is applied to the participant. A DFA-AP-1A, Notice to Individual Who Has Claimed Good Cause for Refusal to Cooperate in Child Support Activities, must be completed. When there is evidence to immediately establish good cause, the Case Manager notifies BCSE at the time of the referral that good cause has been established. If good cause does not exist or is not established, the WV WORKS case is referred to BCSE. The Case Manager must record in the eligibility system the circumstances involved in the determination of good cause. The Case Manager notifies BCSE at the time of referral that good cause was claimed but not established. If BCSE then notifies the Case Manager that the participant has failed to cooperate, the Case Manager sends the notification of sanction.

In addition, the Case Manager has the following responsibilities: • To explain the requirements and benefits of BCSE services, including the right of the specified relative to claim good cause for refusal to cooperate. • To refer appropriate cases to the Child Support Specialist. Referral is accomplished by data system exchange or DHS-1, Referral and Communications Form. • To evaluate evidence presented if the participant claims good cause. • To determine if good cause for failure to cooperate with BCSE exists • To apply the Personal Responsibility Contract (PRC) penalty for refusal without good cause to cooperate or redirect child support payments for WV WORKS. • To respond to eligibility system alerts and take the required action.