[31 Pa.B. 5875]
[Continued from previous Web Page] (1) [General. The following will constitute the general requirements for securing support from a spouse and the method used for determining the financial ability of the spouse to support:] Identifying the parents of an unemancipated minor child for whom assistance is sought or received, including appearing for scheduled genetic testing with the child and submitting to the testing.
(i) [The client will be required, as a condition of eligibility for assistance, to provide sufficient information about the location of the spouse. The client will be expected to assist in locating a missing LRR to permit a determination of the ability of the spouse to provide support or court action as provided in § 187.24(h) (relating to procedures).] Failure of the mother to identify by name the father of an unemancipated minor child shall create a presumption of noncooperation which may be rebutted only by clear and convincing evidence.
(ii) [Further steps to seek support will not be required whenever the information provided indicates that the spouse is either of the following:] If the applicant or recipient provides the names of two putative fathers subsequently excluded from paternity by genetic testing, the second exclusion shall create a presumption of noncooperation, which may be rebutted only by clear and convincing evidence.
[(A) Receiving assistance, including SSI or SBP.
(B) Mentally or emotionally unstable and the evidence clearly indicates that further efforts to obtain support would expose the client to danger or injury. The Executive Director or his delegate must approve this decision.]
(2) [Providing information about the spouse's financial circumstances. Information about the financial circumstances of the spouse will conform with the following:] Keeping scheduled appointments with the Department or the DRS.
[(i) The client may be able to provide the information himself or obtain it directly from the spouse. The County Assistance Office will help the client secure the information when necessary.
(ii) If the spouse refuses to provide the information and it cannot be obtained in any other way, court action is required, as set forth in § 187.24(h).
(iii) If the client refuses to provide the information or to take specific steps that appear warranted by the circumstances, including giving his consent for the County Assistance Office to contact the spouse directly, he will be advised that the Department will initiate court action in accordance with § 187.24(h), unless the client withdraws his request for assistance.]
(3) [Providing information about the location of the spouse. Information about the location of the spouse shall be provided in accordance with the following:] Providing truthful and accurate information and documents requested by the Department or the DRS.
(i) When the whereabouts of a [spouse] parent or putative father are unknown, the [client] applicant or recipient will be required to take whatever steps are appropriate to the individual circumstances to locate the missing [spouse] parent or putative father. This may include contacting relatives and friends for information about the whereabouts of the [spouse] parent or putative father or giving consent to the [County Assistance Office] CAO to contact other agencies, relatives and other individuals, or possible employers and similar resources.
(ii) [County staff] The CAO will provide whatever help is appropriate to the individual circumstances of the [client needs] applicant/ recipient to assist in locating the missing [spouse] parent or putative father and supplement the efforts of the [client] applicant/recipient by checking appropriate governmental records[, such as OASDI, Bureau of Employment Security, Bureau of Motor Vehicles and the like].
(iii) Together, [county staff] the CAO and [client] the applicant/recipient will plan and agree on the specific steps to be taken to locate the missing [spouse] parent or putative father. Assistance will be [granted] authorized or continued on the agreement of the [client] applicant/recipient to take the specific steps [that appear warranted by the circumstances. If the client refuses to seek the spouse or does not take steps agreed upon, or deemed necessary,] within the time set for doing so [, assistance will be discontinued for those members of the assistance unit for whom the missing relative is legally responsible].
(4) Signing and returning any forms requested by the Department or the DRS.
(5) Appearing as a witness and providing testimony at judicial and other hearings as requested by the DRS.
(6) Paying to the Department any support payment received directly from an absent parent after an assignment of support has been made.
(c) Cooperation criteria for spousal support. As a condition of eligibility for cash assistance, every applicant or recipient seeking or receiving cash assistance on behalf of himself and for whom there is an absent spouse shall cooperate in obtaining support unless there is good cause for failing to do so. Cooperation includes the following:
(1) Naming the absent spouse.
(2) Keeping scheduled appointments with the Department or the DRS.
(3) Providing truthful and accurate information and documents requested by the Department or the DRS.
(i) When the whereabouts of a spouse are unknown, the applicant or recipient will be required to take whatever steps are appropriate to the individual circumstances to locate the missing spouse. This may include contacting relatives and friends for information about the whereabouts of the spouse or giving consent to the CAO to contact other agencies, relatives and other individuals or possible employers and similar resources.
(ii) The CAO will provide whatever help is appropriate to the individual circumstances of the applicant/recipient to assist in locating the missing spouse and supplement the efforts of the applicant/ recipient by checking appropriate governmental records.
(iii) Together, the CAO staff and the applicant/ recipient will plan and agree on the specific steps to be taken to locate the missing spouse. Assistance will be authorized or continued on the agreement of the applicant/recipient to take the specific steps within the time set for doing so.
(4) Signing and returning any forms requested by the Department or the DRS.
(5) Appearing as a witness and providing testimony at judicial and other hearings as requested by the DRS.
(6) Paying to the Department any support payment received directly from an absent spouse after an assignment of support has been made.
(d) Cooperation prior to authorization. Except as provided in paragraphs (3) and (4), every applicant or recipient of cash assistance shall cooperate in establishing paternity and obtaining support. The applicant or recipient shall:
(1) Appear before the DRS or other applicable division of the court of common pleas and provide to the CAO certification from the DRS of cooperation by the applicant or recipient of cash assistance in establishing paternity and in obtaining support.
(2) Cooperate with the procedures established for the county when a waiver of the personal appearance requirement is in place. The Secretary is authorized to waive the personal appearance requirement under paragraph (1) if another procedure would be as effective and efficient and a family court or DRS requests a waiver.
(3) In the case of a newborn, cooperate with the requirements under § 133.23(b)(4)(v) (relating to requirements).
(4) File a good cause claim. The cooperation requirements are waived from the time a good cause claim is filed until the CAO, court of common pleas or DRS makes a determination on the claim. If the CAO, court of common pleas or DRS determines that good cause exists, the cooperation requirements are waived until the good cause waiver expires.
(e) Assignment of support rights. Acceptance of cash assistance shall operate as an assignment to the Department, by operation of law, of the assistance recipient's rights to receive support, on the recipient's own behalf and on behalf of any family member with respect to whom the recipient is receiving cash assistance. The assignment shall only be effective up to the amount of assistance received. The assignment shall take effect at the time that the recipient is determined to be eligible for assistance. Upon termination of assistance payments, the assignment of support rights shall terminate, provided that any amount of unpaid support obligations shall continue as an obligation to and collectible by the Department to the extent of any unreimbursed assistance consistent with Federal law.
§ 187.24. [Procedures] (Reserved).
[(a) General. For GA cases, the findings of the Department on the ability of the spouse to support will be exclusively for the purpose of determining need for assistance. When, under the standards of the Department, the spouse appears able to support, the result is termed an expected contribution. However, the court alone will have the authority to order an LRR to support his dependents and it will always be the right of the client to ask the court to decide how much support the spouse must give.
(b) AFDC referral to Domestic Relations Section. For AFDC applicants, when the eligibility of a child is based on continued absence of a parent from the home, referral to the DRS will be made in accordance with the following:
(1) General. General procedures for referral to DRS will be as follows:
(i) Prior to the application interview, the caretaker/relative will be referred, with the Application for Support Services form, to the local County Domestic Relations Section. See § 187.23(a)(1)(ii) (relating to requirements) for exceptions to this requirement.
(ii) The CAO worker preparing the Application for Support Services form will be responsible for informing the caretaker/relative of the referral requirements prior to the application interview. The client will be informed that cooperation is a condition of eligibility and failure to comply will result in the caretaker/relative being ineligible for assistance with protective payments authorized for the child or children. The Application for Support Services form shall be completed by a DRS official and returned to the CAO as verification of DRS action taken.
(iii) At the time of the support interview, the caretaker/relative will be required to cooperate by providing all known information necessary for identification and location of the absent parent as well as by providing all known information regarding the circumstances of the absent parent, as set forth in § 187.23(a)(2)(i)(A).
(iv) If the caretaker/relative is unable to provide any part of the information requested regarding the absent parent, but does cooperate to the extent that he is able, the caretaker/relative will continue to be eligible for assistance.
(v) If the client later secures new or additional information regarding the absent parent, he will be referred to the DRS Support Official for updating or correcting the original information provided. The Support Liaison Agent will be responsible for updating the information contained in the Claim Settlement Central Registry files as set forth in § 153.44(b)(2)(ii) (relating to procedures).
(2) Application for Support Services form. The Application for Support Services form will be in accordance with the following:
(i) The Application for Support Services form will be used to perform the following:
(A) Notify the Bureau of Claim Settlement Child Support Unit of the furnishing of AFDC in all cases where the eligibility of a child is based on continued absence of a parent from the home. The Application for Support Services form will be forwarded to the Claim Settlement Support Liaison Agent assigned to the CAO for processing within 2 working days of authorization or at the time such absence occurs while the child is receiving AFDC, as set forth in § 153.44(a)(1).
(B) Refer the caretaker/relative to the County DRS prior to the application interview.
(C) Notify the court of all eligible AFDC/GA cases authorized on the basis of continued absence of a parent or spouse to effect automatic assignment of support payments to the Department.
(D) Provide DRS validation of specific support action initiated by the applicant parent/caretaker for CAO eligibility determination purposes.
(ii) The Application for Support Services form will be prepared in quadruplicate by the CAO worker prior to the application interview and will be processed as provided by instructions noted on the form.
(A) The CAO worker will explain to the applicant the procedure used by the local DRS and the CAO in completing the form.
(B) (Reserved).
(C) (Reserved).
(D) (Reserved).
(iii) In cases where the caretaker/relative initiates a claim for good cause under § 141.21(d)(2)(i) (relating to policy) and a determination is pending, a referral will not be made to the DRS. Following the application interview, the form will be processed as applicable to the case situation.
(c) Referral of nonassistance persons. Under provisions of the Child Support Program, support collection and paternity determination services will also be made available to nonassistance persons upon request. Since the Domestic Relations Office in each County has been designated as the Child Support Unit Intake Office to process requests for support services, all nonapplicant persons requesting such services through the CAO will be referred directly to the local Domestic Relations Office.
(d) Spouse or former spouse under a court-ordered support. Court-ordered support, as used in this section, will include alimony payments. For GA cases, a spouse or former spouse under a court order shall comply with the following:
(1) Automatic assignment and effect of court orders on the grant. Automatic assignment and effect of court orders on the grant will be in accordance with the following:
(i) Upon acceptance of assistance, the client's rights to spousal support on his behalf are assigned to the Department by operation of law. Therefore, when the client is determined eligible for assistance and is receiving or expects to receive court-ordered support from a spouse or former spouse, he is entitled to the full assistance allowance.
(ii) (Reserved).
(iii) (Reserved).
(iv) The Bureau of Claims Settlement will have the responsibility for enforcement of court orders when the Department is the payee.
(2) Payment of an existing court order to the Department. The payment of an existing court order to the Department will be in accordance with the following:
(i) In case situations where there is an existing court order payable to the Department under the automatic assignment provision, the client must agree to pay to the Claim Settlement Support Agency any support or alimony payments received from the absent spouse or former spouse after an assignment has been made to the Department and the client is receiving a full allowance. Payments will be turned over to the Support Collection Agency only because the client will be receiving a full assistance check.
(ii) The Application for Support Services form will be used to effect payment or support under an existing court order to the Department. Upon authorization of assistance, the completed form will be forwarded to the Support Liaison Agent assigned to the CAO for transmittal to the DRS.
(3) (Reserved).
(e) Spouse not under a court order. In GA cases, for the spouse not under a court order, the following method will be used to determine financial ability to support:
(1) The contribution expected from a spouse not excluded by § 187.23(b) will be determined as follows:
(i) The dependents living with the spouse will be determined. Minor children under 18 years of age will always be included. Other persons will be included if:
(A) They are without income of their own.
(B) The spouse requests their income be added to his income.
(ii) Total net income of the spouse including that of his dependents whose income, by his request, must be taken into account, will be determined. Net income from self-employment or business is profit before tax deductions. Net income from other employment is gross less $20 per month for work expenses, as determined by subsection (e) and § 183.22 (relating to profit from self-employment).
(iii) The amount the spouse is paying for the support of his minor child or children outside his home will be deducted from the total arrived at in subparagraph (ii).
(iv) The appropriate figure from the following income scale will be selected and subtracted from the total net income:
No. of Persons Dependent Upon LRR's Income 1
2
3
4
5
6
Each
Additional
PersonNet
Monthly
Income$173 $260 $317 $373 $423 $459 Add $54 (v) 1/2 will be applied to the remainder.
(vi) The expected contribution will be the resulting figure or the total allowance for the client, whichever is the lesser.
(2) The total allowance for the client will be the difference between the family size allowance with the client in the assistance unit, excluding special needs allowances, and what the allowance would be if the client were not included in the assistance unit.
(f) Waiver of an expected contribution. An expected contribution will be waived as follows:
(1) When a spouse has been determined able to contribute according to subsection (e)(1), the expected contribution may be waived by the Executive Director or his delegate when it appears unsound, unreasonable, or impracticable to expect the spouse to make the determined contribution.
(2) In evaluating whether it is unsound, unreasonable or impracticable to expect the spouse to make the determined contribution, the Executive Director or his delegate will take into consideration circumstances such as but not limited to the following:
(i) The spouse has a medically diagnosed physical or psychological condition that warrants waiver.
(ii) The spouse is already providing support by order of the court to another person that is in an amount as to cause hardship for the spouse if also required to support the client.
(iii) The spouse has legitimate financial obligations, such as high medical bills or heavy loss because of major disaster, that would prohibit him from meeting the expected contribution.
(iv) The spouse is mentally or emotionally unstable to such a degree that further efforts to secure the expected contribution would expose the client to danger or injury.
(3) A waiver will be made for a special period related to the circumstances of the spouse. The period will usually be no longer than 6 months and never more than 1 year without reconsideration.
(g) GA Spouse or GA Parent Found able to contribute under § 183.91 and 183.92. The following apply:
(1) When it has been determined under subsections (e) and (f) that a spouse or parent is financially able to provide support, the client is expected to either contact the spouse or parent directly to arrange for the amount of the expected contribution or to give consent for the CAO to contact the spouse or parent. If the expected contribution from the spouse or parent is secured, it shall become available to the client. Court action is required in accordance with the procedures in subsection (h) in the following cases:
(i) The total amount of the expected contribution is not secured.
(ii) The client is unwilling to contact the spouse or parent directly and objects to the Department contacting the spouse or parent.
(2) Assistance shall be continued until the court makes a decision. An amount that the spouse or parent is actually contributing is considered income available to the client.
(h) Court action. Court action procedures will conform with the following:
(1) General.
(i) Court action for support by either Claim Settlement or client will be required whenever one of the following circumstances exists:
(A) Information about the financial circumstances of the spouse cannot be obtained as set forth in § 187.23(b)(2).
(B) A contribution is expected from the spouse but the spouse does not provide the amount expected, as set forth in subsection (g).
(C) (Reserved).
(D) (Reserved).
(ii) The client will be expected to take court action within 30 days from the date of the decision that the spouse is expected to contribute. If at the end of the 30 days, the client has not initiated court action, the County Assistance Office will send a written notice to the client advising him that the Department will initiate the legal action to obtain support. This notice will advise the client that the legal proceedings will begin ten calendar days from the date of the notice unless the client either:
(A) Initiates the action himself within the 10-day period.
(B) Requests assistance be discontinued.
(iii) If, within the specified 10 calendar-day period, the client does not indicate he will take court action or request closure, the County Assistance Office will prepare and submit a Form PA 173-B, Referral for Support Action, according to paragraph (2).
(iv) Whenever court action for support is indicated and the spouse lives in another state, reference should be made to for support duties imposed by the laws of the other state. If the information shows that support duties are not imposed on the spouse in that state, court action will not be required.
(2) Referral to claim settlement. For GA spousal support cases, the Referral for Support Action will be used to initiate Departmental court action for support. The form will be prepared in duplicate. The original of the completed form will be sent to the Claim Settlement Office. The copy will be retained in the case record. The form will be submitted as soon as the information has been received and the decision made as to the need for support action. A Referral for Support Action must always be made in the following situations:
(i) Court action is required as specified in subsection (f).
(ii) A client wants an existing court order paid to the Department, as set forth in subsection (d)(2).
(iii) Assistance is discontinued for a person for whom a court order is being paid to the Department, as set forth in this subsection.
(iv) A client requests release of a court order being paid to the Department, as set forth in subsection (d)(2).
(v) Client or county has received notice of a petition by the spouse or a scheduled hearing to reduce the amount of an existing court order or to adjust or cancel arrearages due under the order.
(3) Responsibilities of claim settlement. The responsibilities of the Bureau of Claim Settlement regarding support will be as follows:
(i) To represent the Department in all court actions on support.
(ii) To promptly initiate the court action indicated on the referral when such action in its judgment is warranted and advisable, taking into consideration the laws which apply and the possibility of collecting support from the named spouse in an amount sufficient to justify the cost of the proceedings.
(iii) To receive and credit court-ordered support payments when the Department is the payee or assignee.
(iv) To take prompt legal steps for the enforcement of a court order in which the Department is the payee or assignee.
(v) To promptly notify the County Assistance Office of the decision of the court on each referral.
(vi) To keep the records and reports of support received as are prescribed by the Department, the Federal agencies, and the courts.
(vii) To advise the County Assistance Office on questions of law and legal procedure regarding the enforcement of support and support reimbursement.
(4) Interchange of information. Interchange of information between the County Assistance Office and the Claim Settlement Office will be as follows:
(i) An essential component of support action referrals is the rapid and complete interchange of information between the County Assistance Office and the Claim Settlement Office.
(ii) The Claim Settlement Office will report to the County Assistance Office by memorandum the results of the decision of a court. This will include date referred to court, date of hearing, decision, amount of order, effective date of order and reason if petition is not granted plus any other information pertinent to the action.
(iii) The County Assistance Office will send a dummy copy of the Authorization for Assistance to the Claim Settlement Office whenever a case is opened, discontinued or address changed, indicated by an entry on the face sheet.
(iv) When the Claim Settlement Office decides a court action is not warranted or advisable as set forth in paragraph (3), a memorandum giving the reasons will be sent to the County Assistance Office with a copy to the Director, Bureau of Policy.
(i) Redetermination of ability to support (spouse for spouse). Redetermination of ability to support will be in accordance with the following:
(1) The financial circumstances of the spouse will be redetermined periodically, except in those situations where the following has been determined:
(i) The whereabouts of the spouse is unknown.
(ii) The earning capacity of the spouse is so limited that there is little or no likelihood of his ever having sufficient income to provide support. Work history, mental or physical handicaps, lack of skills, age related to capacity and skill, or addiction to alcohol or drugs are examples of the factors that might be taken into account in making this decision.
(iii) The spouse is a housewife without income whose homemaking responsibilities make employment unlikely.
(iv) The spouse is mentally or emotionally disturbed to the extent that his reactions would threaten or be injurious to the person for whom he is legally responsible.
(2) In the instances described in paragraph (1)(i)--(iii), further determinations of the financial ability of the spouse or further efforts to locate a missing spouse will be made only if new information about the circumstances of the spouse or whereabouts comes to the attention of the County Office.
(j) Allotments. Allotments will conform with the following:
(1) Service Departments administering allotments.
Army: Finance Center
United States Army
Indianapolis, Indiana 46429Air
Force:Air Force Accounting and Finance Center
3800 York Street
Denver, Colorado 80295Coast
Guard:Commandant
United States Coast Guard Headquarters
Attn: Dependents Allowance Section
Washington, D.C. 20226Navy: Navy Family Allowance Activity
New Federal Office Building
Cleveland, Ohio 44199Marine
Corps:Marine Corps Finance Center
Allotment Division
Kansas City, Missouri 64197(2) E and D allotments. Enlisted personnel in pay grades E-4 with more than 4 years service and higher, Warrant Officers and Officers, may provide for their dependents either by direct contribution, or by an allotment from their pay. In the case of Army or Air Force personnel, this will be an E Allotment and in the Navy or Marine Corps it will be a D Allotment. These allotments will be optional with the service person and may be discontinued whenever he wishes. The amounts will depend on the arrangements made by the service person.
(3) Information on allowances and allotments other than Class Q. If a client has been unable to obtain satisfactory adjustment of a problem through correspondence with the proper service department, the home service worker in the local Red Cross chapter may be able to assist the client by getting in touch, through proper channels, with the Red Cross Field Director at the duty station of the serviceman. American Red Cross Field Directors will be located in most military installations. Requests of this nature should be made by the client, not by the County Office.]
§ 187.25. Notification to the applicant or recipient.
(a) Cash assistance sought or received for an unemancipated minor child. Before requiring cooperation under § 187.23(b) (relating to requirements), the CAO will provide oral and written notice of the cooperation requirements to the applicant or recipient. The written notice shall advise the applicant or recipient of the following:
(1) The potential benefits that the unemancipated minor child may derive from the cooperation of the applicant or recipient in establishing paternity and obtaining support.
(2) Cooperation is a condition of eligibility.
(3) Failure to cooperate without good cause will result in the reduction of the cash assistance allowance by 25%.
(4) The right to claim good cause, good cause circumstances, proving the good cause claim, and the good cause determination under § 187.27 (relating to waiver of cooperation for good cause).
(5) The CAO will waive the cooperation requirements when the CAO, the court of common pleas or the DRS determine that good cause exists.
(6) A finding of noncooperation of an applicant or recipient does not affect the LRR's duty to pay support.
(b) Cash assistance sought or received for a spouse. Before requiring cooperation under § 187.23(c), the CAO will provide oral and written notice to the applicant/recipient of the cooperation requirements and the right to claim good cause. The written notice shall advise the applicant/recipient of all the information set forth under subsection (a).
§ 187.26. Noncooperation.
(a) Determination of noncooperation by the CAO, court of common pleas or DRS. The CAO, court or DRS may make the determination of whether an applicant/recipient refused to cooperate without good cause. The court of common pleas of each county shall have the option of hearing appeals from any determination of its DRS that an applicant/recipient has not cooperated in accordance with § 187.23 (relating to requirements). If the court declines to exercise the option to hold hearings on the appeals, the procedures in subsection (b) apply. If the CAO determines noncooperation without good cause, the procedures in subsection (c) apply. Subsection (c)(1) applies to applicants. Subsection (c)(2) applies to recipients. The procedures in subsection (c)(1) or (2) also apply when the court declines to hold the noncooperation hearing. If the court, after notice and an opportunity to be heard, determines that the applicant/recipient refused to cooperate without good cause, the Department will implement the court's order as set forth in subsection (d).
(b) If the court or the DRS determines that the applicant/recipient has failed to cooperate without good cause with § 187.23, the court or the DRS will provide notice of any noncooperation determination to the CAO along with notice of its decision to opt not to hold a hearing on noncooperation. Appropriate court personnel shall be made available to provide testimonial evidence by telephone testimony at the time and location set by the Department for the Departmental appeal hearing. Upon receipt of the notice from the court or the DRS, the CAO shall proceed in accordance with subsection (c)(1) or (2) depending upon whether the individual is an applicant for or recipient of assistance.
(c) If the CAO determines that the applicant/recipient has failed to cooperate, without good cause, with § 187.23, or upon receipt of a notice of a noncooperation determination by the court or DRS under subsection (b), the CAO will:
(1) In the case of an applicant:
(i) Provide notice to the applicant of the noncooperation determination, the basis for the noncooperation determination and the reduction of the cash assistance allowance by 25% effective upon authorization of assistance.
(ii) Provide notice to the applicant of the right to appeal to the Department's office of hearings and appeals under Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings).
(iii) Authorize the cash assistance allowance reduced by 25% effective upon authorization of assistance.
(iv) Authorize the full cash assistance allowance if so ordered as a result of a decision rendered by the Bureau of Hearings and Appeals, as a result of a good cause claim initiated by the applicant, or as a result of the applicant cooperating with the support requirements.
(2) In the case of a recipient:
(i) Provide notice to the recipient of the noncooperation determination, the basis for the noncooperation determination, and the reduction of the cash assistance allowance by 25% 10 days after the date of the notice.
(ii) Provide notice to the applicant of the right to appeal to the Department's Bureau of Hearings and Appeals under Chapter 275.
(iii) Authorize the reduction of the cash assistance allowance by 25% effective 10 days after the date of the notice, unless the recipient has invoked his right to a hearing and has filed an appeal within the 10-day period. If the recipient has invoked his right to a fair hearing, cash assistance will not be reduced pending a decision in the hearing.
(iv) Initiate recovery of the assistance granted pending the fair hearing if the Department action is sustained.
(d) Determination of noncooperation by the court. A hearing or appeal with respect to the recommendation order of noncooperation directed by the court or DRS will be conducted by the court in accordance with the Pennsylvania Rules of Civil Procedure.
(1) Upon receipt of a court order issued by a court of common pleas, the CAO will implement the order within 10 days of receipt. The CAO will:
(i) Provide notice to the applicant or recipient of the court order and the cash assistance allowance reduction by 25%.
(ii) Provide notice to the applicant or recipient of the right to appeal to the Department's Bureau of Hearings and Appeals under Chapter 275 and that the right of appeal to the Department's Bureau of Hearings and Appeals does not include appeal of a court order in which noncooperation has been determined by the court. The right to appeal in this instance to the Department's Bureau of Hearings and Appeals under Chapter 275 is restricted to the calculation of the assistance allowance.
(iii) For an applicant, authorize the cash assistance allowance reduced by 25% effective upon authorization of assistance. For a recipient, the CAO will reduce the cash assistance allowance by 25% effective 10 days after the date of the notice, unless the recipient has invoked his right to a hearing and has filed an appeal within the 10-day period. If the recipient has invoked his right to a fair hearing, the cash assistance allowance will not be reduced pending a decision in the hearing.
(2) If the court order directs the Department to rescind the sanction for noncooperation, the Department will implement the order immediately upon receipt.
§ 187.27. Waiver of cooperation for good cause.
(a) Good cause circumstances. Cooperation requirements may be waived for good cause. Good cause circumstances include the following:
(1) The child was conceived as a result of incest or rape.
(2) Legal proceedings for the adoption of the child are pending before a court.
(3) The applicant or recipient of cash assistance 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 and the discussions have not progressed for more than 3 months.
(4) Action to establish paternity or obtain child or spousal support would make it more difficult for the individual or family member to escape domestic violence, or unfairly penalize the individual who has been victimized by the violence, or who is at risk of further violence. Domestic violence is defined as one or more of the following:
(i) Physical acts that resulted in, or threatened to result in, physical injury to the individual.
(ii) Sexual abuse.
(iii) Sexual activity involving a dependent child.
(iv) Being forced as the caretaker/relative of a dependent child to engage in nonconsensual sexual acts or activities.
(v) Threats of, or attempts at, physical or sexual abuse.
(vi) Mental abuse.
(vii) Neglect or deprivation of medical care.
(b) Proving the good cause claim. The applicant or recipient of cash assistance shall provide relevant corroborative evidence.
(1) A good cause claim may be corroborated with the following types of evidence:
(i) A birth certificate or medical or law enforcement records which indicate that the child was conceived as the result of incest or rape.
(ii) Court documents or other records which indicate that legal proceedings for adoption are pending.
(iii) A written statement from a public or licensed private social agency that the applicant or recipient is being assisted by the agency to resolve the issue of whether to relinquish the child for adoption.
(iv) Medical records which indicate emotional health history and present emotional health status of the applicant or recipient or the child for whom support would be sought; or, written statements from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the applicant or recipient or the child for whom support would be sought. Supportive evidence submitted from a mental health professional will 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 psychiatry, social work, psychology, nursing, occupational therapy or recreational therapy.
(v) Court, medical, criminal, child protective services, social services, psychological or law enforcement records which indicate that the putative father, noncustodial parent or absent spouse might inflict harm on the individual or family member as specified under subsection (a)(4).
(vi) Statements from individuals other than the applicant or recipient with knowledge of the good cause circumstances, including a domestic violence service provider, a medical, psychological or social service provider, a law enforcement professional, a legal representative, an acquaintance, friend, relative or neighbor of the claimant or other person. The CAO may not contact the putative father or noncustodial parent to verify good cause in a domestic violence situation.
(vii) ''Verification of Good Cause Based on Domestic Violence.'' The person with domestic violence training and applicant or recipient will complete this form for all good cause claims based on domestic violence in accordance with one of the following circumstances:
(A) To accompany acceptable verification as specified in subparagraph (iv), (v) or (vi) that an applicant or recipient has provided.
(B) To authorize by written consent of the applicant or recipient that a third party may provide verification/corroboration of the good cause claim.
(C) To grant good cause for up to 6 months when an applicant or recipient affirms he is unable to safely obtain evidence to verify the claim of domestic violence within the established time frames for providing verification.
(2) When the applicant or recipient of cash assistance initiates a claim of good cause, the CAO, court or the DRS may provide assistance with obtaining corroborative evidence. If requested by the applicant or recipient, the CAO, court or DRS will provide assistance in securing the needed evidence by advising how to obtain specific documents that may be available and by undertaking to obtain specific documents the applicant or recipient is not able to obtain.
(3) An applicant or recipient shall provide verification of the good cause claim within 30 days from the date the claim is made except when the applicant or recipient cannot otherwise provide verification of the good cause claim as specified in paragraph (1)(vii)(C).
(i) In the case of an applicant, assistance will be authorized no later than 30 days following application when the applicant is claiming good cause and verification is not readily available or pending from a third party.
(ii) In the case of a recipient, the CAO will continue assistance if verification is not provided within 30 days and the delay is due to a third party.
(c) Good cause determination. The CAO, court or the DRS will make a determination within 45 days from the day the claim was initiated by the applicant or recipient of cash assistance. The CAO, court, or the DRS may approve additional days for the determination to be completed.
(1) If the CAO makes a determination on a good cause claim, the CAO will notify the applicant or recipient of cash assistance in writing of the final determination regarding the claim of good cause and the basis therefor and of the right to appeal under Chapter 275. If the good cause claim is denied, neither the Department nor the Bureau of Child Support Enforcement will attempt to establish paternity or obtain support for at least 30 days after the client has been informed orally and in writing of the denial of the good cause claim.
(2) If the court of common pleas or DRS makes a determination on a good cause claim, the DRS will notify the applicant or recipient of cash assistance and the CAO of the final determination and the basis therefor and of the right to appeal under Chapter 275.
(3) When the CAO, court of common pleas or the DRS approve a waiver of the cooperation requirement based on a claim of good cause, the CAO, court of common pleas or the DRS will establish the expiration of the waiver and the DRS will not attempt to establish paternity or obtain support.
(4) When good cause is determined to exist, the CAO will review the circumstances upon which the good cause determination is based, at least every 6 months. The review may be earlier if the circumstances warranting the good cause waiver change or the waiver was granted for a lesser period.
(i) If the good cause claim was granted based on corroborative evidence, no additional corroborative evidence is required if circumstances have not changed since approval of the initial waiver. The recipient shall establish that continuation of the good cause waiver is necessary by providing a verification of good cause based on domestic violence form completed by a person with domestic violence training.
(ii) If the good cause claim was granted based on the recipient's affirmation, and she is unable to provide verification as specified in subsection (b)(1)(iv)--(vi), the CAO will make a determination of good cause based on a current assessment of the recipient's circumstances. This assessment will be completed by a person with domestic violence training and substantiated by completion of the verification of good cause based on the domestic violence form under subsection (b)(1)(vii).
[Pa.B. Doc. No. 01-1915. Filed for public inspection October 19, 2001, 9:00 a.m.]
[31 Pa.B. 5924]
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.
