Sec. 13a.14.06.04. Pursuit of Child Support Obligations

A. A customer who has the care of a child eligible for child support services pursuant to COMAR 07.07.02.02B(4) shall pursue the establishment and enforcement of support obligations on behalf of the child as required by the contractor.

B. If the customer is pursuing or receiving regular child support payments for the child, the customer shall furnish documentation verifying this action to the contractor at the time of application for child care services.

C. Local Child Support Enforcement (CSE) Agency.

(1) If the customer is not pursuing or receiving regular child support payments for the child and cannot claim good cause for refusing to pursue child support pursuant to §E of this regulation, the contractor shall refer the applicant to the local CSE agency.

(2) The local CSE agency shall provide documentation of the:

(a) Application for CSE services to the customer; and

(b) Closing of the case by CSE to the CCS unit.

(3) The customer shall submit documentation of CSE services for each child for whom care is requested to the contractor within 60 days of applying for child care services.

(4) A customer who fails to comply with §C(3) of this regulation is not eligible for CCS services.

D. Unless excused for good cause, the customer shall cooperate with the local CSE agency in:

(1) Identifying and locating the child's absent parent;

(2) Establishing the child's paternity if the child is born out of wedlock; and

(3) Obtaining support payments.

E. Refusal to Cooperate.

(1) Good cause circumstances are those when:

(a) Cooperation may result in serious physical or emotional harm to the child for whom the support is sought;

(b) Cooperation may result in serious physical or emotional harm to the customer with whom the child is living, which may reduce the capacity of the customer to care adequately for the child;

(c) The child for whom support is sought was conceived as a result of incest or rape;

(d) Legal proceedings for the child's adoption are pending before a court of competent jurisdiction; or

(e) The customer is being assisted by a public or licensed private social agency to resolve the issue of keeping or relinquishing the child for adoption, and the discussions have not extended beyond 3 months.

(2) When the contractor refers the customer to the local CSE agency, the contractor shall inform the customer in writing of the customer’s right to claim good cause for refusing to cooperate with the local CSE agency.

F. Determination of Good Cause.

(1) The contractor is responsible for determining the existence of good cause.

(2) The customer shall provide the contractor with:

(a) Verified or verifiable evidence that specifies and corroborates circumstances that the customer believes is sufficient good cause for not cooperating; and

(b) Sufficient information to permit an investigation.

(3) The customer shall supply corroborative evidence within 30 days of making the claim for good cause.

(4) The contractor shall determine good cause based on:

(a) A review of the evidence submitted by the customer; and

(b) The findings of any investigation of the claim that the contractor chooses to make.

(5) The contractor may determine good cause without further investigation if the following acceptable documentation indicates that harm may result:

(a) A birth certificate or medical or law enforcement record indicating that the child was conceived as a result of incest or rape;

(b) A court document or other record indicating that legal proceedings for adoption are pending before a court of competent jurisdiction;

(c) A court, medical, criminal, child protective services, psychological, social services, or law enforcement record indicating that the putative father or absent parent might inflict physical or emotional harm on the child or the customer;

(d) A medical record indicating the emotional health history and the present emotional health status of the child or the customer;

(e) A written statement from a mental health professional indicating a diagnosis or prognosis of the emotional health of the child or the customer;

(f) A written statement from a public or licensed private social agency that the customer is being assisted by the agency to resolve the issue of keeping or relinquishing the child for adoption and the discussions have not extended beyond 3 months; or

(g) Sworn statements from individuals other than the customer with knowledge of the circumstances that provide the basis for a good cause claim.

(6) The contractor shall inform the customer in writing of the final determination.

(7) Upon making a final determination, and if the customer is receiving services from the CSE agency, the contractor shall promptly inform the local CSE agency whether or not there is good cause for refusal to cooperate.

(8) The contractor shall deny CCS services to the customer if a claim of good cause cannot be substantiated as required in this section.

(9) The contractor may not deny, delay, or terminate child care subsidy services pending determination of good cause if the customer has met the requirements of §F(2) of this regulation.

G. Review of Determination of Good Cause.

(1) The contractor shall review, at a minimum during redetermination of eligibility, all cases in which a finding of good cause was made based on a circumstance that is subject to change.

(2) If the contractor determines that the circumstance providing the basis for determination of good cause no longer exists, the contractor shall require the customer to pursue the establishment and enforcement of child support obligations.

H. A customer transitioning off of TCA who does not have a child support order or who is not receiving child support shall cooperate with the contractor and the local CSE agency to continue, establish, or re-establish child support services.

I. A customer who has the care of a child eligible for child support services and refuses to cooperate with the local CSE agency and the contractor on behalf of the child is ineligible for CCS services unless:

(1) The customer claims good cause for the refusal; and

(2) Documentation supporting good cause for the refusal is under review, or is determined to exist.