Each applicant/recipient must cooperate in the paternity determination and the establishment/enforcement of a child support obligation. The CAO must require the applicant/recipient to give proof and must enter supporting evidence in the case notes. The CAO must not require cooperation when: 23 Pa. C.S § 4380 55 Pa. Code § 141.21
An LRR is deceased;
A putative father is deceased;
A child for whom assistance is sought or received is 18 years old or older and paternity was never established;
NOTE: Action to establish paternity must begin before the child’s 18th birthday.
The applicant/recipient claims good cause (using PA 1747) and the CAO determines that good cause exists. See Section 131.63, CAO Determination and Notice of Good Cause; 55 Pa. Code § 141.21(d)(1) 55 Pa. Code § 187.27
A court or the DHS Bureau of Hearings and Appeals finds that there is good cause for not cooperating with child support enforcement requirements;
A child is adopted by a single parent or born to a single woman as a result of artificial insemination.
When Temporary Assistance for Needy Families (TANF) cash benefits applicants/recipients do not cooperate with support requirements without good cause, the CAO must reduce their cash grants by 25%. See Appendix D, Eligibility Status for Non-Cooperation with Support Requirements and Mandatory Participation in Road to Economic Self-Sufficiency Through Employment and Training (RESET). 55 Pa. Code § 153.44(b)(2)(i)(c) 55 Pa. Code § 187.26 (c)(1) PCT 16676-131 Compliance with Support Requirements/Supplemental OTI (Linked June 4, 2013)
Before requiring cooperation, the CAO must give oral and written notice of the following to the applicant/recipient claiming assistance for a child who has a non-custodial parent or putative father: 55 Pa. Code § 141.21(d)(1)(ii)(A) 55 Pa. Code § 187.25 23 Pa. C.S § 4380(b)
The cooperation requirements;
The right to claim good cause;
The provisions of the family violence option (see Chapter 108, Family Violence Policies and Procedures);
The fact that the CAO must reduce TANF cash grants by 25 percent for not cooperating with support requirements without good cause. See Appendix D, Eligibility Status for Non-Cooperation with Support Requirements and Mandatory Participation in Road to Economic Self-Sufficiency Through Employment and Training (RESET). 55 Pa. Code § 153.44(b)(2)(i)(c) 55 Pa. Code § 187.26 (c)
NOTE: The CAO must reduce the FSA 25 percent for a household with an SSI mother or a sanctioned specified relative who does not cooperate with child support requirements.
Example 1: A mother applying for cash assistance for herself and one child does not cooperate with support requirements without good cause. The CAO must reduce the two-person Family Size Allowance (FSA) of $316 by 25 percent for a $79 reduction. The family will receive $237 per month in TANF benefits.
Example 2: A mother applying for cash assistance for herself and her four children does not cooperate with support requirements without good cause. The CAO must reduce the five-person FSA of $589 by 25 percent for a $147.25 reduction. The family will receive $441.75 per month in TANF benefits.
Example 3: A mother was sanctioned for not complying with employment requirements. The case was closed. If she reapplies, the employment sanction is still in effect unless she agrees to comply. If she also does not cooperate with child support requirements, the grant for her children is reduced by 25 percent.
Example 4: The applicant household is made up of an unemancipated minor child (child-only budget). The CAO must lower the FSA by 25 percent if the non-eligible specified relative does not cooperate with child support requirements
Example 5: If the applicant household is made up of a single adult who does not cooperate in getting support from an absent spouse, the CAO must lower the cash grant by 25 percent.
FSA Group 2 is used for all examples.
The CAO must use the Child Support Information Sheet, form PA/CS 647, and the Support and Good Cause form, PA/CS 173-WP, to give information about child support requirements and good cause exceptions. The applicant/recipient signs the PA/CS 173-WP to show receipt of the information. The CAO worker signs the form, gives the original to the applicant/recipient, and keeps the copy in the case record for six years.
The CAO must change cooperation procedures when:
The CAO receives notice that a child has been born to an applicant/recipient. See 168.812, Determining Eligibility and Payment Amount. The CAO must complete the required application for support services manually when adding a newborn child to the assistance group. See Section 131.36.
The Secretary of Human Services approves a waiver from the Domestic Relations Section (DRS) and/or court of common pleas to do away with the requirement to appear personally at the DRS before the CAO authorizes assistance. 23 Pa. C.S. 4378(a)
To be eligible for the full assistance amount, the applicant/recipient must cooperate with DHS, the DRS, and/or court of common pleas in determining paternity and establishing and enforcing support obligations. 55 Pa. Code §187.23(b)
Cooperation means that the applicant/recipient must:
Give truthful and correct information to DHS, the DRS and/or court of common pleas in person or in documents that they request; 55 Pa. Code §125.24(c)(3)
Identify the non-custodial parent(s) or putative father of each child for whom assistance is sought or received; 55 Pa. Code §141.21(d)(1)
Keep scheduled appointments with the DHS and DRS;
Sign and return forms requested by the DHS and DRS;
Appear for scheduled genetic testing with the child or children;
Appear as a witness and testify at judicial and other hearings as requested by the DRS and/or court of common pleas;
Pay to the DHS any support payment received directly from a non-custodial parent or a DRS after an assignment of support is in place; 23 Pa. C.S. 4379
Report any changes or new information that relates to support enforcement to the DHS or DRS within the first 10 days of the month after the month of the change. 23 Pa. C.S 4353
NOTE: The CAO must evaluate the applicant/recipient’s efforts to cooperate case-by-case, specific to the facts and circumstances the applicant/recipient gives. The applicant/recipient must give the name and enough information to identify the non- custodial parent except when the applicant/recipient claims good cause or can not be reasonably expected to know or get information about the putative father or non-custodial parent. By Pennsylvania law, non-cooperation is presumed if the mother does not identify the putative father by name, or second genetic exclusion of the putative father(s) named by the applicant/recipient. This may be rebutted only by clear and convincing evidence. See Section 131.35.
If there is an absent spouse, the applicant/recipient must cooperate with the DHS, DRS, and/or court of common pleas in establishing a support obligation. 55 Pa. Code §141.21 & 187.23(c)
Legally responsible relatives of the cash assistance applicant/recipients are:
The spouse;
The spouse in a common-law marriage contracted before Jan. 1, 2005;
The biological or adoptive parent of an un-emancipated minor child for whom cash assistance is sought or received. 55 Pa. Code §187.22 23 Pa. C.S. §4371
Use PA/CS 643A for support. See Section 131.35.
Cooperation means that the applicant/recipient must:
Give truthful and correct information and documents requested by DHS or DRS; 55 Pa. Code §125.24(c)(3)
Name the absent spouse; 55 Pa. Code §141.21(d)(1)
Keep scheduled appointments with the DHS and DRS;
Sign and return forms that DHS and DRS requests;
Appear as a witness and testify at judicial and other hearings requested by the DRS and/or court of common pleas;
Pay to the DHS any support payment received directly from an absent spouse or a DRS after an assignment of support is in place; 23 Pa. C.S. 4378
Report any changes or new information relevant to support enforcement to the DHS or DRS within the first 10 days of the month after the month of the change. 23 Pa. C.S 4353
The CAO must provide an allowance if the recipient is in need of transportation to:
Report for a support interview at the request of the DHS or the DRS;
Appear in court in another county or state to establish paternity and to petition for establishment of a court order.
Appear for a jury trial where a cross-examination is required.
See Chapter 138, Allowance and Benefits.
The CAO must:
Explain the support enforcement process.
Explain that cash assistance must not be authorized or an existing grant increased to add a person until the applicant/recipient gets certification of cooperation with child support requirements from the DRS.
Explain that cooperation must be verified within 30 days of the date the application is completed and signed. The PA/CS 643A, Certification of Cooperation (available on Docushare), is used to get DRS certification. 55 Pa. Code §187.26 23 Pa. C.S. 4378
NOTE: When adding a newborn child to the assistance group, the recipient must cooperate with the child support enforcement requirements before the end of the grace period. See Section 168.812. The CAO provides a Certification of Cooperation form at the interview to establish continuing eligibility for the newborn.
Complete Section A of the PA/CS 643A, using the instructions on the back
NOTE: Use one PA/CS 643A for each non-custodial parent or putative father. Children with the same parent or putative father are listed on the same PA/CS 643A.
Give the form to the applicant/recipient with the instruction to appear before the DRS and return the form with Section B completed and authenticated by the DRS.
NOTE: If the applicant/recipient does not return the Certification of Cooperation, PA/CS 643A, authenticated by the DRS, the CAO must determine eligibility and, if eligible, authorize assistance within 30 days of the date the application is completed and signed. The CAO must lower the cash grant by 25 percent. See Appendix D, Eligibility Status for Non-Cooperation with Support Requirements and Mandatory Participation in Road to Economic Self-Sufficiency Through Employment and Training (RESET).
Exception: Noncooperation is presumed if the mother does not provide the name of the putative father of a child for whom cash assistance is sought or received. This may be challenged only by clear and convincing evidence. When the mother is unable to cooperate, that is considered by the CAO to be clear and convincing evidence. 55 Pa. Code §141.21(d)(1) 55 Pa. Code §187.23(b)(1) 23 Pa. C.S. 4379
If there is no clear and convincing evidence, the CAO must:
1. Lower the cash grant by 25 percent.
2. Enter the letter Y in the “Unknown Indicator” field for the absent relative in the electronic Client Information System (eCIS)
3. Not complete the PA/CS 643A
4. Authorize the generation of the Application for Support Services, PA/CS 643 in eCIS.
NOTE: Noncooperation with support requirements by an applicant or recipient, unless there is good cause, does not affect the duty of the LRR to pay support.
If the applicant/recipient reports that the DRS did not complete the PA/CS 643A, the CAO must verify with the DRS that the applicant appeared and that the delay in returning the form is beyond the applicant’s control. The CAO must consider the requirement met if the delay was caused by the DRS.
NOTE: The Secretary of Human Services may waive the pre-authorization personal appearance at the DRS requirement if the DRS can show that another procedure would be as efficient and effective. The CAO must not complete the PA/CS 643A if the personal appearance requirement was waved. The DRS must receive the notice of application for support services by automated transfer of information from eCIS. 55 Pa. Code §§153.44 (b)(2)(i)(C) and 187.26(c)(1)
A new PA/CS 643A, Certificate of Cooperation form, is not required for cash assistance for:
Waived counties;
Inter-county transfers;
Requests for cash within 60 days of previous cash closing. See Section 104.54 and Section 104, Appendix D.
The CAO must system generate an electronic referral to the DRS to include any new information or changes the person gives to re-establish the support assignment. The client must cooperate with all other support requirements unless good cause for non-cooperation is established.
Keep the second copy of the PA/CS 643A as a control document
On the cash assistance authorization date, in addition to the PA/CS 643A paper referral, the CAO authorizes the PA/CS 643 Application for Support Services electronically through eCIS. The electronic application is sent from eCIS to the DRS through the Pennsylvania Child Support Enforcement System (PACSES) for each absent LRR and each putative father. The electronic application is not sent by the CAO if the CAO determines the applicant/recipient has good cause not to cooperate with support requirements. See Section 131.3 Cooperation With Support Requirements.
The DRS must notify the CAO when genetic testing excludes a named putative father. If the excluded person is the first named putative father, the CAO must interview the recipient to get the name and information for another putative father. The CAO must authorize generation of another electronic Application for Support Services through eCIS to PACSES. 55 Pa. Code §187.23(b)
Reissued: October 22, 2013 replacing February 8, 2013