Good Cause

DCSS-POL-08-7.4 v.1

 

1. OVERVIEW

1. The purpose of this policy is to provide a working knowledge of how cases are reviewed for good cause.
2. An applicant does not have to cooperate with the Division of Child Support Services (DCSS) if good cause is approved. In most cases, good cause is approved by the IV-A agency while the applicant is receiving Temporary Assistance for Needy Families (TANF) before the case becomes a IV-D case. However, good cause may be requested any time a case is open and is subject to approval by the IV-A or IV-D agency.

2. APPLICABILITY

1. This policy applies to all Arizona IV-D program staff performing Title IV-D services.

3. POLICY

1. DCSS does not work cases that are approved for good cause unless the applicant requests the case to be worked.

4. CRITERIA

1. A case meets the requirement for good cause when one of the following conditions exist:

1. Cooperation with DCSS may result in the physical harm to the custodial parent (CP), child or caretaker.
2. Cooperation with DCSS may result in the emotional harm to the CP, child or caretaker.
3. Legal proceedings for adoption of the child for whom support is sought are pending before the court.
4. The issue of giving up the child for whom support is sought for adoption through a public or licensed social agency has continued for less than 90 days.
5. The applicant is a refugee eligible for TANF for the first eight months of residency in the United States.
6. The child for whom support is sought was conceived as a result of sexual assault or incest.

2. The following good cause criteria will continue to interface from the IV-A agency to the IV-D agency:

1. Physical harm to the CP, child or caretaker.
2. Emotional harm to the CP, child or caretaker.

3. The CP must return the Claim of Good Cause document and provide supporting evidence supporting the claim within 20 days of the date the Claim of Good Cause was provided by DCSS.
4. All good cause claims are referred to the Office of Special Investigations (OSI) for an investigation of the facts of the claim.  Based upon the OSI report, good cause is either approved or denied by DCSS.
5. Good cause is re-determined every six months from the date it was granted.
6. The CP may request to terminate good cause at any time when the request is made in writing. 

If all criteria are not met, good cause may not be approved on a case.

5. PROCEDURE

1. This policy is supported by staff procedures, which identify how action related to this policy will be conducted, including responsibilities, time frames, and required actions. Staff may access the Good Cause procedures here

6. AUTHORITY

Federal Authority
42 U.S.C. § 602(a)(7)	Eligible States; State Plan

State Authority
A.R.S. §46-292	Eligibility for assistance
Arizona Administrative Code R6-12-312	Good cause for non-cooperation with child support enforcement

Return to beginning of Good Cause Policy

Policy Revision Date: 12/12/2013

Policy Review Date:

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