Non-Cooperation

DCSS-POL-08-3.1 v.2

 

  1. OVERVIEW
  1. This policy provides staff with a working knowledge of the action to take when a custodial parent (CP) receiving cash (CA) or medical assistance (MA) benefits through the Temporary Assistance to Needy Families (TANF) or Arizona Health Care Cost Containment System (AHCCCS) programs fails to cooperate with the Division of Child Support Services (DCSS).
  1. APPLICABILITY
  1. This policy applies to all Arizona IV-D program staff performing Title IV-D services.
  1. POLICY
  1. DCSS shall notify the Family Assistance Administration (FAA) to sanction the benefits of a CP who fails, without good cause, to cooperate with child support enforcement efforts and the CP’s non-cooperation prevents DCSS from taking a necessary action on a case.

NOTE: The temporary waiver in place with AHCCCS, which suspended the requirement for customers to cooperate with the Division of Child Support Services (DCSS) in establishing the identity of a child’s parents as a condition of Medicaid eligibility–at renewals and when a change occurs, has been extended to 12/31/2024. This waiver was initially set to expire on 5/31/24 but has been extended to 12/31/2024.

  1. CRITERIA
  1. The CP must be receiving CA or MA through the state of Arizona on behalf of a child on the case being sanctioned.
  2. The CP must not be coded out (OU) for CA or MA.
  3. The CP must not be receiving tribal TANF.
  4. The child on the case must be deprived of parental support due to a continued absence of a parent from the home.
  5. The case must not be pending or approved for good cause for non-cooperation with DCSS.

If any criteria are not met, the case is not eligible for sanction.

  1. 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.
  1. AUTHORITY
Federal Authority

42 U.S.C. § 608(a)(2)

Prohibitions; requirements

42 U.S.C. § 654(29)

State plan for child and spousal support

45 C.F.R. § 264.30

What procedures exist to ensure cooperation with the child support enforcement requirements?
State Authority
A.R.S. § 46-292 Eligibility for assistance
A.R.S. § 46-300 Sanctions

Return to beginning of the Non-Cooperation Policy

Policy Revision Date: 05/21/2024
Policy Review Date: 05/21/2024

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