131.6 Good Cause

The cooperation requirements are excused if good cause is established. Good cause includes, but is not limited to when:     55 Pa. Code § 187.27(c)

Domestic violence is defined as a pattern of behavior when there is one or more of the following:

An applicant or recipient must give proof of the good cause claim within 30 days from the date the claim is made except when the applicant or recipient states that domestic violence is the reason for the good cause claim.

Use the Domestic Violence Verification Form PA 1747 for good cause requests based on domestic violence.

For a good cause request based on rape, incest, pending adoption, or discussion to consider adoption, complete the “Good Cause” Determination Based on Factors Other than Domestic Violence for Child Support or Paternity PA/CS 173GC form.

 

131.61 Examples of Verification

Types of verification include, but are not limited to:      55 Pa. Code § 187.27(b)

 

131.611 Verification of good cause based on domestic violence

The CAO and applicant or recipient must fill out the “Domestic Violence Verification” form (PA 1747) (available on Docushare) for all good cause claims based on domestic violence in these circumstances: 

NOTE: The CAO may not contact the putative father or non-custodial parent to verify good cause based on a claim of domestic violence.


131.62 Developing Good Cause Verification

When an applicant/recipient begins a good cause claim, the CAO must tell the applicant/recipient how to get necessary documents. The CAO must try to get documents that the applicant/recipient cannot reasonably get unless helped, if the applicant/recipient asks or if circumstances show that information should be given or discussed.     55 Pa. Code § 187.27(b)(2)

 

 

131.63 CAO Determination and Notice of Good Cause

The CAO must determine whether there is good cause within 45 days from the date the applicant/recipient began the claim. The CAO may approve more days for completing the determination if the case record documents that the CAO needs more time to investigate or if the CAO grants the applicant/recipient more days to give evidence.      55 Pa. Code § 187.27(c)

For an applicant, the CAO must authorize assistance no later than 30 days after application when the applicant is claiming good cause and verification is not easily available or is waiting to be received from a third party.

For a recipient, the CAO must continue assistance if verification is not given within 30 days and the delay is due to a third party.

After making the determination, the CAO must:

If the claim is denied, the notice must include: 

If the claim is approved, the DRS must not try to establish paternity or get support.

If the claim is denied, neither the Department nor the BCSE must try to establish paternity or get support for at least 30 days after the client has been told orally and in writing that the good cause claim was denied. 

Give the BCSE a copy of the completed PA/CS 173-GC. If good cause is based on domestic violence, forward a copy of the PA 1747. See Appendix E, Bureau of Child Support Enforcement Area Offices.

 


131.64 Eligibility Requirements/Procedures for Waiver Review

The CAO must review good cause waivers at least every six months. This review may be face-to-face or by telephone. No other proof is needed if the good cause waiver was granted based on verification other than the client’s affirmation of domestic violence, unless the client’s circumstances have changed since the waiver was approved.     55 Pa. Code § 187.27(c)

If the good cause waiver based on domestic violence was verified by affirmation, and the client is still unable to give proof besides the affirmation, the CAO must determine good cause based on an assessment of the client’s circumstances. If domestic violence continues to be a barrier, verification of the continued good cause waiver must be documented on the PA 1747 form.  An individual who requests the good cause waiver to continue but who is unable provide verification under Sections 2 or 3 may re-affirm under Section 4 for an additional six months, and the CAO should refer the individual to legal services or a domestic violence agency for help in getting verification.  See Chapter 108, Section 108.84 Six-Month Review/Redeterminations for verification at subsequent reviews.

 

 

Reissued:  October 22, 2013 replacing January 31, 2012