OKDHS - OAC 340:10-10-6. Good Cause

340:10-10-6. Good cause

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Revised 6-1-07

(a) Basis for client to claim good cause. Although cooperation is required as a condition of eligibility for Temporary Assistance for Needy Families (TANF), federal regulations provide for waiver of that condition when such cooperation is not in the best interest of the child. However, the Oklahoma Department of Human Services (OKDHS) may determine that child support enforcement activities can be safely conducted without the cooperation of the client.

(1) It is clear that the best interests of the parent or caretaker relative are relevant to the child's best interest determination when an adverse impact on the parent or caretaker will have an adverse impact upon the child. Clearly, the physical safety and well-being of the parent or caretaker relative is in the best interest of the child. If cooperation by the mother in establishing paternity or securing support would subject her to physical or emotional harm, such cooperation would be against the child's best interest if harm to the mother is sufficiently severe to affect her ability to care for the child adequately.
(2) OKDHS determines that the client has good cause for refusing to cooperate only if:
- (A) there is possible physical or emotional harm to the child;
- (B) there is possible physical or emotional harm to the parent or caretaker relative-payee;
- (C) the child was conceived as a result of incest or forcible rape;
- (D) legal proceedings for adoption of the child are pending before a court; or
- (E) the client is currently being assisted by a public or licensed private social agency to resolve the issue of whether to keep the child or relinquish the child for adoption.

(b) Cooperation. The cooperation requirement per OAC 340:10-10-5 is a TANF eligibility condition when there is an absent parent(s), unless the applicant has good cause for refusing to cooperate. In all but exceptional cases, such as when it is very difficult to gather information, the good cause determination must be made with the same degree of promptness as the determination of TANF eligibility.

(c) Assignment and degree of promptness. The good cause exception applies only to excuse the cooperation requirement. The requirement that the applicant or recipient per OAC 340:10-10-5 assign support rights to OKDHS as a condition for TANF eligibility:

(A) cannot be waived or excused based on a good cause determination;
(B) is independent from the cooperation requirement; and
(C) is not affected by a good cause determination.

(d) Notice of right to request a decision. The client has the right to claim good cause for failure to cooperate in obtaining child support.

(1) When deprivation is based on absence, the applicant for or recipient of TANF must sign Form 08TA012E, Cooperation Agreement and Request for Good Cause:
- (A) at the time of original application;
- (B) when a child is added to the grant; or
- (C) when circumstances result in an applicant's or recipient's request for good cause.
(2) The human services center (HSC) does not deny, delay, or discontinue assistance pending a determination of good cause for refusal to cooperate if the applicant or recipient has complied with the requirements to furnish evidence or information.

(e) Responsibility of applicant or recipient. It is the responsibility of the applicant or recipient who makes a claim for good cause to supply documentary evidence to establish the claim, or to furnish sufficient information to permit OKDHS to investigate the circumstances of good cause for refusing to cooperate. Uncorroborated statements of the applicant or recipient do not constitute verifying information as required by this regulation.

(1) The evidence must be of probative value and must be supported by written statements to the extent possible. Examples of acceptable written statements are:
- (A) birth certificate or medical or law enforcement records which indicate that the child was conceived as a result of incest or forcible rape;
- (B) court documents or other records which indicate that legal proceedings for adoption are pending before a court of competent jurisdiction;
- (C) criminal, medical, child protective services, social services, psychological, or law enforcement records which indicate that the putative or absent parent might inflict physical or emotional harm on the child or caretaker relative;
- (D) medical records which indicate the emotional health history and present emotional health status of the caretaker relative or child, or a written statement from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the caretaker relative or child;
- (E) a written statement from a public or licensed private social agency that the applicant or recipient is being assisted by OKDHS to resolve the issue of whether to keep the child or relinquish the child for adoption; and
- (F) sworn statements from individuals other than the client with knowledge of the circumstances which provide the basis for the good cause claim.
(2) Upon request, the worker assists the client in obtaining evidence that is not reasonably obtainable. This requirement is limited to the specific documentary evidence listed in (1)(A) through (F) of this subsection. The client must specify the type of document or record needed, as well as provide sufficient identifying information to make it possible to be obtained. • 1

INSTRUCTIONS TO STAFF 340:10-10-6

Revised 6-1-11

1. When a claim for good cause is made, the worker updates the Deprivation tab on Family Assistance/Client Services (FACS) to indicate good cause determination is pending; however, Oklahoma Child Support Services (OCSS) forms are not submitted at this time. The good cause determination process is accomplished by completing the appropriate Sections of Form 08TA009E, Good Cause Report.

(1) Certification. On an application or reapplication without a previous good cause request, the worker and supervisor determine whether good cause is justified after evaluating all of the information. Sections I, II, and III of Form 08TA009E are completed by the worker and forwarded, with a copy of the corroborative evidence attached, to the OCSS district office, where Section IV is completed and the form is returned to the human services center (HSC).

(A) If the HSC and OCSS district office concur with the client's claim for good cause, the HSC updates the appropriate entries on the Deprivation tab on FACS.

(B) If the HSC and OCSS district office do not concur with the client's claim for good cause, the client is advised that if he or she continues to refuse to cooperate, the Temporary Assistance for Needy Families (TANF) cash assistance will be reduced by 25% of the TANF payment standard per OAC 340:10-10-5. The worker updates the program violation indicator on the Household tab on FACS to indicate non-cooperation. Refer to OAC 317:35-5-7 and OAC 340:10-10-5, Instructions to Staff 3, for eligibility for health benefits. If the client agrees to cooperate, a new Form 08TA012E, Cooperation Agreement and Request for Good Cause, is signed and the worker submits the appropriate OCSS forms to the OCSS district office, and updates the Household tab and the Deprivation tab on FACS to indicate the client is cooperating.

(C) When the HSC and OCSS district office cannot concur in a determination of good cause, OCSS submits all pertinent information, including Form 08TA009E, to Family Support Services Division (FSSD) TANF Section, where the final determination regarding good cause is made. FSSD TANF Section returns Form 08TA009E with Section V completed to the HSC for appropriate action and a copy to the OCSS district office.

(D) On a reapplication or review when good cause has been previously approved, the worker interviews the client regarding what changes, if any, there are from the circumstances that resulted in the previous good cause determination. If there are no changes, the worker completes Sections I, II, and III of Form 08TA009E and forwards it to the OCSS district office for concurrence. If there have been changes that might affect the good cause determination, the client is requested to furnish sufficient documentary evidence to substantiate the reported changes. Upon receipt of the documentation, the worker completes Sections I, II, and III of Form 08TA009E, attaches a copy of the documentation, and forwards it to the OCSS district office for concurrence.

(2) Reviews and changes. At each review of eligibility, the worker evaluates whether circumstances have changed for cases in which a finding of good cause has been made. If it appears that circumstances have not changed, action concerning good cause is not required. If it appears that circumstances have changed and that good cause does not continue to exist, the worker completes Section VI of the original Form 08TA009E, attaches documentation of the change(s), and sends it to the OCSS district office for concurrence of the good cause reconsideration. The OCSS district office completes Section VI and returns the form to the HSC. If there is no Form 08TA009E in the case record, the worker completes Sections I and VI of a new Form 08TA009E.

(A) If the joint decision is that good cause does not exist, this is discussed with the client and the client is advised that non-cooperation will cause a 25% reduction in the TANF payment. The program violation indicator on the Household tab on FACS is updated to indicate non-cooperation. Refer to OAC 317:35-5-7 and 340:10-10-5, ITS # 3, for eligibility for health benefits. If the client agrees to cooperate, a new Form 08TA012E is signed and the worker submits the appropriate OCSS forms to the OCSS district office. The worker updates the Household tab and the Deprivation tab on FACS to indicate the client is cooperating and the client's needs are included in the SoonerCare (Medicaid) benefit.

(B) If an additional child(ren) is added to the case, and there are no changes in the good cause circumstances, OCSS forms are not submitted for the designated absent parent for which good cause exists.

(i) The Deprivation tab on FACS is updated with the appropriate code to show good cause exists. OCSS forms must be submitted if the additional child application has a different absent parent and good cause has not been requested.

(ii) If good cause is requested, the procedures in 1 through 2 of this ITS are followed.

(C) If the client reports that good cause is no longer requested because circumstances have changed, the worker makes the appropriate entry on the Deprivation tab on FACS after completing Form 08TA001E, Absent Parent (AP) Information Sheet.

(i) A new Form 08TA012E and the appropriate OCSS forms are completed.

(ii) Section VI of the original Form 08TA009E is completed and sent to the OCSS district office.

(iii) If there is no Form 08TA009E in the case record, the worker completes Sections I and VI of a new Form 08TA009E.

(iv) The routing of these forms substantiates to the OCSS district office that the client no longer requests good cause as previously approved. After reviewing these forms, OCSS rescinds good cause.

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