[31 Pa.B. 5875]
[Continued from previous Web Page]
TYPES OF UNEARNED INCOME COUNTED FOR THE [AFDC] TANF AND GA CATEGORIES § 181.287. Educational assistance.
[Educational assistance from scholarships, grants and loans not exempted in § 181.262 (relating to educational loans and grants) is counted as unearned income unless the applicant/recipient verifies that the educational assistance has been, or is being, used for tuition, mandatory fees, books related to the courses of study or child care and transportation costs--if not residing in college housing and necessary for school attendance. If one payment of educational assistance covers more than 1 month, the amount not used for verified educational expenses is averaged over the period covered by the educational assistance.] Federally-funded student financial assistance, including college work-study income, is excluded as income. All other student financial assistance provided for educational expenses in the form of loans, grants and scholarships is excluded as income, unless the assistance is provided solely to meet basic living needs.
DEDUCTIONS FROM INCOME FOR THE [AFDC] TANF AND GA CATEGORIES § 181.311. Deductions from earned income for the [AFDC] TANF categories of NMP-MA.
Each employed person who qualifies for MA in the PC category, PU category or in the [PD/PK] PD category with PC category children is entitled to the following deductions from earned income in the following order:
(1) Work expenses. The first $90 per month from the earned income of each applicant/recipient who is employed if the employed person is not eligible to receive an earned income incentive deduction as described in paragraph (2) or if the $90 deduction is more advantageous to the applicant/recipient group.
(2) [Initial work] Earned income incentive [deduction] deductions. [A work incentive deduction of $30 plus 1/3 of the remainder of the earned income which is treated as follows:]
(i) Each employed person in the NMP-MA applicant/recipient group is eligible to receive [the] an earned income incentive deduction [for 4 consecutive months] if one of the following applies:
(A) The employed [recipient] person in the NMP-MA applicant/recipient group is a recipient in [an AFDC-related] a TANF-related category or [in] a GA-related category with a child who is simultaneously a recipient of MA in [an AFDC-related] a TANF-related category.
(B) The employed applicant has been a recipient of cash assistance, NMP-MA or MNO-MA in [an AFDC-related] a TANF-related category in [one] 1 of the 4 calendar months prior to the calendar month of his application for NMP-MA.
(C) The employed applicant has been a recipient of cash assistance, NMP-MA or MNO-MA in a GA-related category with a child who was simultaneously a recipient of MA in [an AFDC-related] a TANF-related category in [one] 1 of the 4 calendar months prior to the calendar month of his application for NMP-MA.
* * * * * (ii) [The employed applicant/recipient who received the $30 and 1/3 incentive deduction for 4 consecutive months, has not received the deduction since] Each employed person in the applicant/ recipient group who meets one of the requirements in subparagraph (i) is eligible to receive a continuous 50% earned income incentive deduction or the first $90 per month work expense deduction from earned income and a $30 plus 1/3 remainder earned income incentive deduction per requirements in subparagraph (iii), whichever is most advantageous to the applicant/recipient group.
(iii) The application of the $30 plus 1/3 remainder earned income incentive deduction is treated as follows:
(A) The employed applicant/recipient is eligible to receive the $30 plus 1/3 remainder earned income incentive deduction for 4 consecutive months if:
(I) [12] Twelve or more consecutive months have elapsed since the employed applicant/recipient last received NMP-MA in [an AFDC-related] a TANF-related category or in a GA-related category with a child who was simultaneously a recipient in [an AFDC-related] a TANF-related category. The count begins with the first month following the month of termination for NMP-MA regardless of whether the employed person received the entire 8 consecutive months of the $30 income incentive deduction described in [paragraph (4)] clause (B).
[(iii)] (II) * * *
[(A)] (-a-) * * *
[(B)] (-b-) * * *
[(iv)] (III) An applicant/recipient who has his NMP-MA terminated due to receipt of a regularly recurring extra paycheck within a 5-week month is not considered to have had an interruption in the accumulation of consecutive months and does not have that month count as one of the 4 consecutive months. The applicant/recipient shall meet one of the qualifications described in subparagraph (i) to qualify for a balance remaining in the 4-month count unless 12 consecutive months have elapsed in which he has not been a recipient of NMP-MA in [an AFDC-related] a TANF-related category or in a GA-related category with a child who was simultaneously a recipient in [an AFDC-related] a TANF-related category. If 12 consecutive months have elapsed, the employed applicant/recipient is eligible for a new 4 consecutive month count.
[(v)] (IV) * * *
(B) Each employed person in the applicant/recipient group who received 4 months of the $30 plus 1/3 income incentive deduction is eligible for an income deduction of $30 per month during the next 8 consecutive months. The application of the $30 incentive is treated as follows:
(I) Each employed person in the applicant/recipient group is eligible to receive the deduction for 8 consecutive calendar months.
(II) The applicant/recipient is entitled to the $30 income incentive deduction during a calendar month of the 8-month period for which the income of the applicant/recipient is sufficient to qualify.
(III) The 8 months of eligibility for the $30 income incentive deduction begins with the calendar month following the end of the 4 consecutive calendar months of the $30 and 1/3 income incentive deduction.
(IV) The 8 months of eligibility are counted consecutively, whether or not MA is interrupted or income is sufficient to qualify for it.
* * * * * [(4) Other work incentive deduction. A work incentive deduction of $30 per month of the earned income after 4 consecutive months of the $30 plus 1/3 of the remainder has been received is treated as follows:
(i) Each employed person in the NMP-MA applicant/recipient group is eligible to receive the deduction for 8 consecutive calendar months.
(ii) The applicant/recipient is entitled to the $30 income incentive deduction during a calendar month of the 8-month period for which the income of the applicant/recipient is sufficient to qualify.
(iii) The 8 months of eligibility for the $30 income incentive deduction begins with the calendar month following the end of the 4 consecutive calendar months of the $30 and 1/3 income incentive deduction.
(iv) The 8 months of eligibility are counted consecutively, whether or not MA is interrupted or income is sufficient to qualify for it.]
CHAPTER 183. INCOME
EARNED INCOME § 183.23. [Income-in-kind] (Reserved).
[For assistance purposes, income-in-kind is shelter received in return for services rendered and is counted as earned income. The value of income-in-kind is the difference between the amount of the monthly rent actually paid and the amount of monthly rent which the individual would have been charged if he had not rendered a service. This value is not to exceed 33% of the family size allowance of the budget group or if the family size allowance is divided between two or more budget groups, 33% of the combined total family size allowance.]
UNEARNED INCOME § 183.38. Educational assistance.
[Educational assistance from scholarships, grants and loans not exempted in § 183.81(3)(i) and (ii) (relating to income exemptions) is considered in determining eligibility. Only the amount which the person cannot verify as being used for tuition, mandatory fees, books related to the courses of study, child care expenses and transportation costs--if not residing in college housing and necessary for school attendance--is counted as income. If the educational assistance is received in one payment, average the income over the period covered by the loan, scholarship or grant.] Federally-funded student financial assistance, including college work-study income, is excluded as income. All other student financial assistance provided for educational expenses in the form of loans, grants and scholarships is excluded as income unless the assistance is provided solely to meet basic living needs.
GROSS INCOME TEST § 183.71. Gross income test.
(a) [A] An applicant budget group is ineligible for [AFDC/GA] TANF/GA for a calendar month determined prospectively, if the total gross earned and unearned income for a calendar month equals or exceeds the Income Eligibility Limit--Appendix B, Table 2 (relating to income eligibility limit (185% of standard of need))--or, if a special need exists, 185% of the sum of the special need allowance added to the standard of need--Appendix B, Table 1 (relating to standard of need). The Income Eligibility Limit and the standard of need are based on the size of the budget group and the schedule which is applicable to the county in which the budget group resides. The gross earned and unearned income of a recipient budget group is not subject to the gross income test.
* * * * *
INCOME EXEMPTIONS § 183.81. Income exemptions.
The following income is not considered in determining the amount of the monthly assistance payment:
* * * * * (3) Educational loans and grants. Educational loans and grants to students are considered as follows:
(i) [Federal loans and grants to undergraduate students made or insured under a program administered by the Commissioner of Education are excluded.] Federally-funded student financial assistance, including college work-study income, is excluded as income. All other student financial assistance provided for educational expenses in the form of loans, grants and scholarships is excluded as income unless the assistance is provided solely to meet basic living needs.
* * * * * [(iii) Educational assistance from the Veterans' Administration received by a veteran is excluded only to the extent verified as used for educational expenses.
(iv) Grants and scholarships or awards from colleges, schools or from civic, fraternal and alumni organizations are excluded only to the extent verified as used for educational expenses.]
* * * * * (29) Support pass-through. The first $50 per budget month of court-ordered and voluntary support payments received by the budget group, excluding arrearages.
* * * * *
INCOME DEDUCTIONS § 183.94. Eligibility for TANF earned income deductions.
[For expenses related to employment of each individual in the TANF budget group, subject] Subject to the limitations in § 183.97 (relating to ineligibility for disregards from earned income for [AFDC] TANF and GA), [disregard in the following order] the earned income of each employed individual in the TANF budget group is treated as follows:
(1) [Work expenses. The first $90 per month from the earned income of each client who is employed.] An applicant who has been a recipient of TANF in 1 of the 4 calendar months prior to this application is eligible to receive a continuous 50% disregard from gross earned income.
(2) [Earned income incentive deduction. As an incentive to eligible AFDC clients to obtain and retain employment, earned income incentive deductions, subject to the limitations in § 183.96 (relating to interruptions in the 4 consecutive months of the earned income incentive deduction for AFDC and GA) and § 183.97, are made as follows:] The applicant who has not been a recipient of TANF in one of the 4 calendar months prior to this application is eligible to receive a continuous 50% disregard if the applicant's income after application of the following deductions is less than the standard of need for the budget group as specified in Appendix B, Table 1 (relating to standard of need).
(i) [After the deduction allowed in paragraph (1) has been made, each employed client is eligible for a deduction of $30 plus 1/3 of the remaining net earned income during 4 consecutive calendar months of employment.] The first $90 per month from gross earned income.
(ii) [After the deduction allowed in paragraph (1) has been made, each employed client is eligible for a deduction of $30 during the next 8 consecutive months of employment. An applicant or recipient is entitled to the $30 income incentive deduction during any calendar month of this 8-month period for which the income of the applicant or recipient is sufficient to qualify. The 8 months of eligibility are counted consecutively, beginning with the calendar month following the end of the 4 consecutive calendar months in which the $30 and 1/3 income incentive deduction was allowed, whether or not assistance is interrupted or income is sufficient to qualify for it.] Personal expenses subject to the limitations of paragraph (3).
(iii) [An applicant who has been a recipient of AFDC in 1 of the 4 calendar months prior to this application is eligible to receive the full $30 and 1/3 income incentive deduction for 4 consecutive calendar months subject to the limitations in subparagraph (v).] Unearned income and lump sum income deductions as specified in § 183.98 (relating to unearned income and lump sum income deductions).
[(iv) An applicant who has not been an AFDC recipient in 1 of the 4 calendar months prior to this application is eligible to receive the full $30 and 1/3 income incentive deduction for 4 consecutive calendar months only if the applicant's income, after deductions in paragraphs (1) and (3) and § 183.98 (relating to unearned income and lump sum income deductions) is less than the standard of need for the budget group, and subject to the limitations in subparagraph (v).
(v) An applicant or recipient who has received the $30 and 1/3 income incentive deduction for 4 consecutive calendar months is not eligible to receive the deduction again until 12 consecutive calendar months have elapsed in which he has not been a recipient of an AFDC cash grant. When assistance is terminated during the 8 consecutive calendar month period of the $30 income incentive deduction, the 12 consecutive months begin in the first month following the month of termination.]
* * * * * § 183.96 [Interruptions in the 4-consecutive months of the earned income incentive deduction for AFDC and GA] (Reserved).
[(a) An individual who has not received the earned income incentive disregard for 4 consecutive payment months because of application of § 183.97 (relating to ineligibility for disregards from earned income for AFDC and GA) is deemed to have received the disregard in the month of disqualification, and a month of disqualification counts for purposes of the 4 consecutive month period.
(b) An individual who does not receive a cash payment in a month because of the $10 minimum check requirements has that month counted for the purpose of the 4 consecutive months.
(c) For AFDC, if there is no earned income to be adjusted against the grant after the application of § 183.94(1) and (3) (relating to AFDC earned income deductions), that month does not count as one of the 4 consecutive months for an individual. The individual is eligible for a new 4 consecutive month period.
(d) An individual who has had a grant suspension or termination due to receipt of a regularly recurring extra paycheck within a 5-week month is not considered to have had an interruption in the accumulation of consecutive months, and does not have that month count as one of the 4 consecutive months. The individual is eligible to receive the incentive for the balance remaining in the 4-month period.
(e) An individual whose receipt of 4 consecutive months of work incentive is interrupted by loss of income with good cause, as defined in Chapter 165 (relating to Employment and Training Program) is eligible for a new 4 consecutive month period.]
§ 183.97. Ineligibility for disregards from earned income for [AFDC] TANF and GA.
The deductions in §§ 183.94 and 183.95 (relating to [AFDC] eligibility for TANF earned income deductions; and GA earned income deductions) do not apply to the budget month income considered for the corresponding payment month for an applicant or recipient to whom one of the following conditions applies:
* * * * * [(4) He voluntarily requested that assistance be terminated for the primary purpose of avoiding receipt of the earned income incentive for 4 consecutive months.]
CHAPTER 187. SUPPORT FROM RELATIVES NOT LIVING WITH THE CLIENT
SUPPORT PROVISIONS FOR [AFDC/GA] CASH ASSISTANCE § 187.21. [Policy] General policy.
[(a)] Legal bases for support requirements. The Support Law (62 P. S. §§ 1971--1977) provides authority to the courts to order or direct support to needy persons from legally responsible relatives (LRR) upon petition from the needy person or the Department. The Public Welfare Code (62 P. S. §§ 101--1503) requires the Department to grant assistance only to those persons who [are without sufficient resources to maintain themselves] apply for and meet all conditions of eligibility. By law, then, [LRR's] LRRs will be a potential resource to persons applying for or receiving assistance. The Support Law (62 P. S. §§ 1971--1977), 23 Pa.C.S. §§ 4301--5104 and 7101--8415 and the Public Welfare Code (62 P. S. §§ 101--1503) mesh to make it mandatory to explore and develop the resource that an LRR may provide to a client. Under the child support program, support collection and paternity determination services will also be made available upon request to persons who are not applying for or receiving assistance. The domestic relations section in each county has been designated to process requests for support services.
[(b) Automatic assignment of support rights to the Department. Acceptance of public assistance operates as an assignment to the Department, by operation of law, of the assistance recipient's rights to receive support on his own behalf and on behalf of any family member with respect to whom the recipient is receiving public assistance. The assignment is effective at the time the recipient is determined to be eligible for public assistance and remains in effect until the termination of public assistance payments. The assignment shall be effective only up to the amount of AFDC/GA received.
(c) Responsibilities of Claim Settlement Child Support Unit. The Bureau of Claim Settlement Child Support Unit will have the responsibility for securing support in cases involving desertion or abandonment. The Support Unit responsibilities will include, but will not be limited to the following:
(1) Assisting, when necessary, in locating absent parents.
(2) Establishing and enforcing support orders.
(3) Initiating legal action for establishing paternity for a child born out-of-wedlock.
(4) Collecting support payments.
(d) Effect of automatic support order assignment on the grant. When the applicant is determined eligible for assistance, the assistance unit is entitled to receive the appropriate family size allowance. Payments received from a support order will not be adjusted as income.
(e) Treatment of support collections. For those cases where support payments have been made payable to the Department, the Bureau of Claim Settlement Child Support Unit will transmit to the County Assistance Office a monthly printout of the amount of collection received which represents a current payment on the required support obligation for that month. This information will be used by the County Assistance Office to determine if the money collected through support order, when treated as income, will be sufficient to make the family ineligible for an assistance payment. If the case is determined ineligible on this basis, the support collection will be considered as income and the County Assistance Office will be responsible for the following:
(1) Notifying the family of closing action and reason via the Form 162-A process.
(2) Promptly transmitting this closing action, via Form PA 293, to Claim Settlement Support Liaison Agent assigned to the CAO for processing so that the support payments can be mailed directly to the family. The worker will prepare the Form PA 293 for transmittal at the same time the worker prepares the Form PA 764, Authorization for Case Closing.
(f) Timing the effect. Timing the effect of support collections will conform with the following:
(1) An essential component in the treatment of support collections is the rapid and complete interchange of information between the County Assistance Office and the Claim Settlement Child Support Unit. This is necessary to insure the families continued receipt of income.
(2) The Claim Settlement Child Support Unit will transmit the notification, or printout, of support collections received to the County Assistance Office at the beginning of the month following the month of collection.
(3) Upon receipt of this information, the County Assistance Office will determine the eligibility of the family for an assistance payment as soon as feasible, but no later than the second month after the month in which the notification is received by the CAO.
(g) Form PA 293 (Child Support Action Notice). Use of Form PA 293 will be as follows:
(1) The County Assistance Office will use the Form PA 293, Child Support Action Notice, to transmit information to the Child Support Unit regarding case dispositions for spouse and parent of unemancipated minor children.
(2) Whenever a child support case is discontinued, transferred to another county, or reopened within a period of ninety days following closure, the County Office will complete the Form PA 293 in duplicate, identifying the appropriate action taken. This form will be forwarded to the Child Support Unit at the same time the appropriate budget action is taken in the case. A copy of the Form PA 293 is retained in the case record.
(3) From the information transmitted on the Form PA 293, the Child Support Unit will determine the appropriate action to be taken by the Agency with regard to support services currently received by the client, such as reassignment of an existing court order to the beneficiary, and the like.]
§ 187.22. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
[Alimony--An order for support granted by the court to a spouse or former spouse in conjunction with a decree grant, a divorce, or annulment.]
Arrears--Past due and unpaid support.
BCSE--Bureau of Child Support Enforcement--The organizational unit in this Commonwealth responsible for supervising the State Plan for Child Support Enforcement under Title IV-D of the Social Security Act (42 U.S.C.A. §§ 651--669b).
Budget group--One or more related or unrelated individuals who occupy a common residence or would occupy a common residence if they were not homeless individuals and whose needs and eligibility are considered together in determining eligibility for cash assistance under one category of assistance.
CAO--County assistance office--The local office of the Department responsible for the determination of eligibility for cash, food stamps and MA Programs.
Cash assistance allowance--The amount of money that is based on the monthly family size allowance, reduced by the net income of the budget group. The family size allowance is described under § 175.23(a)(relating to requirements).
[Child--Natural or adopted under 21 years of age.
Child born out-of-wedlock--A child will be considered to be born out-of-wedlock in the following instances:
(i) When the mother of the child is unmarried when the child is born, except when marriage was terminated by death or divorce between conception and birth, or declared legally void.
(ii) The mother of a child born during marriage names a person other than her husband as the father of the child.
(iii) There is evidence that the husband of the mother of the child has been separated from the mother during the 12 months immediately prior to the birth of the child. When the natural parents of a child born out-of-wedlock marry at a later date, the child will become legitimated just as if he had been born during lawful marriage. In such a case, the father will become an LRR and the applicable LRR regulations will apply. Accordingly, pending paternity action will be terminated.]
DRS--Domestic relations section--The division of a court of common pleas responsible for establishing and enforcing support orders.
Establishing paternity--The process that determines the legal father of a child.
[LRR--Legally Responsible Relative--Husband, wife or parents of an unemancipated minor child. A putative father is not an LRR unless one of the following conditions applies:
(i) Paternity is legally established by court action.
(ii) The child born out-of-wedlock is legitimated by the legal marriage of the mother of the child to the putative father.
(iii) The putative father signs an Acknowledgement of Paternity form, H105.181, under § 153.44(e)(1) (relating to procedures) for a child born within this Commonwealth, which is filed with the Department of Health, and one of the following conditions exists:
(A) The mother also signs the Acknowledgement of Paternity form.
(B) The putative father lives with the child for whom paternity is being claimed and the mother is the absent parent.]
LRR--Legally responsible relative--The spouse, including common-law, of the applicant/recipient of cash assistance, and the biological or adoptive parent of an unemancipated minor child for whom cash assistance is sought or received.
Obtaining support--Establishing, modifying or enforcing a support order.
[Spouse--The legally married person, including common-law.]
Support--A judgment, decree or order whether temporary, final or subject to modification, imposed or imposable by a court or an administrative agency of competent jurisdiction for the support and maintenance of either a child or spouse, or both, which provides for monetary support, health care, arrears or reimbursement, and which may include other relief.
Unemancipated minor child--An individual who is under 18 years of age, or an individual 18 years of age or older but under 21 years of age, who has not graduated from high school, is not married and is in the care and control of a parent or caretaker.
§ 187.23. Requirements.
(a) [Unemancipated minor children. Because the responsibility of a parent for an unemancipated minor child is seen as greater than that for the spouse, separate requirements have been established for securing support from absent parents for their children. The requirements will be applicable to recipients or applicants for AFDC when the child's eligibility is based on absence of a parent from the home and, when the child is born out-of-wedlock, without regard to whether paternity has been established.] Applicability. This chapter applies to applicants for and recipients of cash assistance if there is: The reported absence of a parent from the home of an unemancipated minor child; a putative father for an unemancipated minor child; or a spouse absent from the home. The absence of a parent from the home is determined according to the requirements under § 153.44(a) (relating to procedures).
[(1) Referral to Domestic Relations Section. Referral to DRS will conform with the following:
(i) When the eligibility of a child for AFDC is based on continued absence of a parent from the home, prior to the application interview, the applicant parent or other caretaker with whom the child is living will be referred to the DRS, with the Application for Support Services form. The applicant shall return the form to the CAO worker, completed by a DRS official, as verification of DRS action taken.
(ii) DRS referral will not be required in the following circumstances:
(A) The applicant parent/caretaker provides verification of a support complaint having been filed within the last 90 days.
(B) The applicant parent/caretaker provides verification of an existing Order of Support having been established within the last 12 months.
(C) The applicant parent/caretaker initiates a good cause claim as set forth in subparagraph (iii).
(D) A mutual agreement exists between the DRS and the Department regarding local referral procedures.
(iii) The CAO worker will provide an AFDC applicant parent/caretaker with the opportunity to claim good cause as an exception to cooperation requirements, prior to the application interview. If the applicant initiates a claim for good cause as set forth in paragraph (3), the Application for Support Services form will be completed, but no support activity initiated pending final disposition of the good cause claim.
(2) Cooperation. As a condition of continued eligibility for AFDC under § 141.21(a) (relating to policy), a caretaker/relative with whom the child is living will be required to cooperate with the Department in identifying and locating the absent parent, establishing the paternity of a child born out-of-wedlock and obtaining support payments, unless a claim for good cause is pending or determined to exist, as provided in paragraph (3). The term Cooperate includes the following:
(i) Appearing at the offices of the local CAO or DRS as necessary to perform the following:
(A) Provide verbal or written information or documentary evidence known to, possessed by or reasonably obtainable by the applicant or recipient caretaker/relative that is relevant to achieving support from the absent parent.
(B) Sign the necessary legal forms required to file petitions for support.
(ii) Appearing as a witness at court or other hearings or proceedings necessary to achieve support from the absent parent.
(iii) Paying to the Claim Settlement Support Agency child support payments received from the absent parent after an assignment of support rights has been made to the Department and the client is receiving a full allowance. Payments will be turned over to the Child Support Agency only because the client will be receiving a full assistance check.
(3) Good cause as an exception to cooperation requirements. Cooperation requirements will be waived if the caretaker/relative establishes that he has good cause for refusing to take support or paternity action or both against the absent parent or putative father, because to do so would not be in the best interest of the child. Prior to requiring cooperation, the CAO will notify an applicant or recipient of the right to claim good cause and the requirements applicable to a good cause determination. Form PA 173-WP will be used as the good cause notice to the applicant or recipient. The Form PA 173-WP sets forth the circumstances under which the caretaker/relative may claim good cause and lists the types of evidence the client may present to corroborate his claim as provided in subparagraphs (i) and (ii).
(i) Circumstances under which cooperation may be against the best interest of the child are as follows:
(A) The client's pursuit of paternity or support action is reasonably expected to result in either of the following:
(I) Serious physical or emotional harm to the child.
(II) Serious physical or emotional harm to the mother or other caretaker/relative with whom the child is living to the degree that it reduces his capacity to care for the child adequately.
(B) The child was conceived as a result of incest or rape.
(C) Legal proceedings for the adoption of the child are pending before a court.
(D) The relinquishing of the child for adoption is currently under resolution with a public or private social agency and discussions have not gone on for more than 3 months.
(ii) A good cause claim may be corroborated with the following types of evidence:
(A) Court, medical, criminal, child protective services, social services, psychological or law enforcement records which indicate that the putative father or absent parent might inflict physical or emotional harm on the child or other caretaker/relative.
(B) Medical records which indicate the emotional health history and present emotional health status of the child or caretaker/relative; or written statements from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the child or caretaker/relative.
(C) Birth certificates or medical or law enforcement records which indicate that the child was conceived as the result of incest or rape.
(D) Court documents or other records which indicate that legal proceedings for adoption are pending.
(E) A written statement from a public or private Social Agency that the caretaker/relative is currently being assisted by the Agency to resolve the issue of whether to keep the child or relinquish him for adoption.
(F) Sworn statements from individuals other than the applicant or recipient with knowledge of the circumstances which provide the basis for the good cause claim.
(iii) The applicant or recipient caretaker/relative has the burden of proving the existence of his good cause claim and must provide the corroborative evidence required to support the claim within 20 days from the day the claim was made. In exceptional cases, when it has been determined, with supervisory approval, that additional time will be needed by the client because of difficulty in obtaining the evidence, a reasonable additional period of time will be granted.
(iv) If requested by the caretaker/relative, the county staff will provide assistance in securing the needed evidence by advising how to obtain specific documents that may be available to him and by undertaking to obtain any specific documents the client is not able to obtain on his own.
(v) In exceptional cases where the applicant or recipient's claim is based on the anticipation of physical harm and he is unable to provide corroborative evidence to support the claim because none is available, the caretaker/relative must assume the burden for establishing the credibility of the claim without the required evidence, as well as explaining why no evidence is available. In these situations, the county staff will conduct an investigation of the claim, the results of which should verify the credibility of the client. If the caretaker/relative's statement and the investigation which is conducted satisfies the county staff that the client does have good cause for refusing to cooperate, the claim will be considered as valid without corroborative evidence. The basis for this decision which is subject to supervisory review and approval, will be recorded in the case record.
(vi) In cases where the caretaker/relative's statement of the circumstances, together with the corroborative evidence supplied do not provide sufficient basis for making a determination, the county staff may find it necessary to conduct an investigation of the claim in order to determine whether good cause does, or does not exist. If an investigation is deemed necessary, the caretaker/relative will be required to provide the county staff with sufficient information, such as, name and address of the putative father or absent parent, if known, to permit the investigation. However, the absent parent or putative father will not be contacted unless determined to be necessary to establish the good cause claim of the caretaker/relative. The county staff will notify the caretaker/relative prior to making contact with the absent parent or putative father to enable him to present additional corroborative evidence or information so that the contact becomes unnecessary, withdraw the application for assistance, have the case closed, or have the good cause claim denied with the right to appeal and a fair hearing as provided under Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings).
(4) Determining good cause for refusing to cooperate. In cases where the applicant or recipient caretaker/relative initiates a claim of good cause as an exception to cooperation requirements, the County staff will make a finding as to whether good cause exists. This finding will be based on the corroborative evidence supplied by the client and the investigation if deemed necessary. The good cause determination will be made on a case-by-case basis and the final decision requires a subjective judgment on the part of the County staff. The decision will be based on the weight, sufficiency, and quality of the gathered evidence.
(i) The County staff will make a determination as to whether or not good cause exists within a time frame of 45 days from the day the good cause claim was initiated by the caretaker/relative. If additional time is needed to verify the client's claim because the information required cannot be obtained within the 45-day time frame, or the client did not provide corroborative evidence within the period required as set forth in paragraph (3)(iii), the worker will record this information in the case record.
(ii) In situations where investigation of a good cause claim is necessary, the determination will be based on any verifying information secured that will corroborate the statements of the applicant/caretaker/relative regarding the circumstances. The good cause circumstance must be confirmed by the investigation and supported, to the extent possible, by written statements.
(iii) In determining good cause based on physical or emotional harm to the parent, the circumstances must be of a serious nature that they would reduce the capacity of the applicant/caretaker/relative to care for the child or children adequately. In situations where the good cause claim is based solely on anticipation of emotional harm to the child or caretaker/relative, the corroborative or documentary evidence provided by the client to support this claim should indicate the emotional health history of the caretaker/relative or the child, the present emotional health status, the intensity and probable duration of the emotional impairment. Supportive evidence submitted from a mental health professional shall be defined as statements written by persons who have obtained licensure or certification, if applicable, or have received a degree in defined areas of mental health including, but not limited to, psychiatry, social work, psychology, nursing, occupational therapy, or recreational therapy. In making the good cause determination, the County staff will evaluate the evidence in relation to the degree of cooperation that will be required of the caretaker/relative as well as the extent to which the client will be involved in the support activity.
(iv) In the process of making a final determination of whether good cause does or does not exist, county staff will give the Child Support Unit the opportunity to review and comment on its findings and the basis for the decision proposed. Recommendations subsequently received from the Child Support Unit will be considered when making the final determination. The Child Support Unit will be subsequently notified of the final decision made on each case. Form PA 173-GC will be used for the interchange of information between County staff and the Child Support Unit.
(v) In a case where a claim of good cause has been initiated by the caretaker/relative, prior to making a final determination within the allotted 45-day time frame, the county staff will complete, in duplicate, the Form PA 173-GC good cause determination notice, indicating the proposed decision and basis for the decision. The Form PA 173-GC will be signed and dated by the worker and the original transmitted to the Child Support Unit for their review and recommendations. The Child Support Unit will subsequently be notified via the Form PA 173-GC, of the final decision made in a case as to whether or not the caretaker/relative has good cause for refusing to cooperate. If the caretaker/relative feels that the decision made is unfair, discriminatory or incorrect, he has the right to appeal and a fair hearing, as provided under Chapter 275. The Child Support Unit will be given the opportunity to participate in a hearing resulting from the appeal of the caretaker/relative.
(vi) In those cases where a finding of good cause has been made, the Child Support Unit will not attempt to establish paternity nor collect support. The caretaker/relative will be notified in writing of the final determination as to whether good cause does or does not exist, including basis for the determination, and the worker will record the decision and supporting evidence.
(vii) In cases where a claim for good cause is initiated by the caretaker/relative after the initial support referral has been made, the County Assistance Office will promptly notify the Child Support Unit, via memorandum, that a determination is pending to ensure that all support and paternity activities are suspended until notification of a final determination.
(viii) In cases where a finding of good cause was based on a circumstance that is subject to change, the decision will be reviewed by county staff at the time of a redetermination of eligibility. If it is determined that the circumstances have changed and good cause no longer exists, cooperation requirements as set forth under paragraph (2) become applicable.
(ix) A statistical reporting form, SSA-4681, Case Report on Claims of Good Cause for Refusing to Cooperate in Establishing Paternity and Securing Support, will be used by the counties for reporting specific data required by the Department, relating to good cause claims. For a good cause claim, the county staff will complete a SSA-4681, in triplicate, and transmit the original and first copy of each form to the Department's Research and Statistical Unit at the end of each month. The second copy of the SSA-4681 will be retained in the case record or clerical control file.
(5) Responsibilities of the County Assistance Office. Except in those cases where a claim for good cause is pending or has been established, if the caretaker/relative fails to cooperate with the Domestic Relations Section or the Child Support Unit with regard to any one of the support activities specified in paragraph (2), the Child Support Unit will notify the County Assistance Office via memorandum.
(i) Upon receipt of the notification, the County Assistance Office will send a Form PA 162-A to the caretaker/relative proposing action to remove the caretaker/relative from the grant and establishing protective payment for the child or children by reason of failure to comply with cooperation requirements. The caretaker/relative subsequently will have the opportunity to take whatever action is required to establish continuing eligibility or appeal the decision, as set forth in § 133.4 (relating to procedures).
(ii) The CAO worker will be responsible for informing the caretaker/relative that the keeping of scheduled appointments with the DRS for interview with a Support Official is a condition of eligibility and that failure to comply will necessitate adverse action under subparagraph (i) in the case.
(6) Responsibilities of the Domestic Relations Section. The Domestic Relations Section of the court in a county has been designated as the Child Support Unit Intake Office to process requests for support. Responsibilities of the DRS in this regard will include the following:
(i) Conducting initial support interviews.
(ii) Filing petitions for support.
(iii) Conducting prehearing conferences to determine special needs that may exist, such as health problems, doctor bills and the like.
(iv) Initiating location activity on a local level.
(v) Conducting prehearing conferences with client and defendant for possible reconciliation or settlement out of court.]
(b) [Requirements for seeking support from a spouse. Requirements for seeking support from a spouse will be as follows:] Cooperation criteria for child support. As a condition of eligibility for cash assistance, every applicant or recipient seeking or receiving cash assistance on behalf of an unemancipated minor child shall cooperate in establishing paternity of an unemancipated minor child with respect to whom assistance is sought and cooperate in obtaining support from an LRR for the unemancipated minor child, unless the applicant or recipient has good cause for failing to do so. Cooperation includes taking the following actions:
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
