§ 187.27. Waiver of cooperation for good cause.
(a) Good cause circumstances. Cooperation requirements may be waived for good cause. Requirements for granting a good cause waiver based on a claim of domestic violence, as defined in § 108.2 (relating to definitions), may be provided under § § 108.7 and 108.8 (relating to requirements subject to waiver; and claiming good cause based on domestic violence). Other 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.
(b) Proving the good cause claim. The applicant or recipient of cash assistance shall provide relevant verification.
(1) A good cause claim may be verified 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 individuals 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.
(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 individual.
(2) When the applicant or recipient initiates a claim of good cause, the Department, court or the DRS may provide help with obtaining verification. If requested by the applicant or recipient, the Department, court or DRS will provide help 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, as specified under paragraph (1)(iv)—(vi), 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 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 Department will make a determination within 15-calendar days from the date the claim was initiated by the applicant or recipient. The Department, 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 (relating to appeal and fair hearing and administrative disqualification hearings). 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 individual 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 DRS will not attempt to establish paternity or obtain support.
(4) When good cause is determined to exist, the Department will review the circumstances upon which the good cause determination is based, at least every 6 months. If the good cause waiver was granted based on verification, no additional verification is required if circumstances have not changed since approval of the initial waiver.
Authority The provisions of this § 187.27 amended under sections 201(2), 403(b) and 432 of the Public Welfare Code (62 P. S. § § 201(2), 403(b) and 432); the Support Law (62 P. S. § § 1971—1977); Titles I and III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193) (PRWORA), creating the Temporary Assistance for Needy Families (TANF) Program, and amending 42 U.S.C.A. § § 601—619, 651—669(b) and 1396u-1; section 5543 of the Balanced Budget Act of 1997 (Pub. L. No. 105-33) (42 U.S.C.A. § 653(p)); the Federal TANF regulations in 45 CFR 260.10—265.10; and the Domestic Relations Code, 23 Pa.C.S. § § 4301—4381, 5103, 7101—7901 and 8101—8418.
Source The provisions of this § 187.27 adopted September 13, 2002, effective retroactively to July 3, 2002, 32 Pa.B. 4435; amended May 28, 2010, effective May 29, 2010, 40 Pa.B. 2767. Immediately preceding text appears at serial pages (291787) to (291790).
Cross References This section cited in 55 Pa. Code § 141.53 (relating to eligibility based on domestic violence); and 55 Pa. Code § 187.25 (relating to notification to the applicant or recipient).
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