Noncooperation is presumed if a mother does not cooperate, without good cause, identify her child’s putative father by name or provides the names of two putative fathers subsequently excluded from paternity by genetic testing. Noncooperation may be rebutted only by clear and convincing evidence. 55 Pa. Code §141.21(d)(1)
Clear and convincing evidence means that the proof that the mother presents supporting her inability to cooperate is so clear and direct that the CAO is convinced without doubt that the facts are true. Without clear and convincing evidence, the CAO must determine the mother non-cooperative. 55 Pa. Code § 187.23(b) 23 Pa. C.S. 4379 & 4380
After a referral to the DRS for support action, the DRS or court of common pleas determines whether the applicant/recipient has not cooperated without good cause. The DRS or court notifies the CAO through an eCIS alert of it’s decision, and the reason for it’s decision. The court issues an order only after giving the applicant/recipient notice and the opportunity for a court hearing.
NOTE: A finding of noncooperation of an applicant/recipient does not affect the duty of the LRR to pay the assigned support obligation. The CAO should enter absent relative information on CIS to generate an electronic support referral to the DRS. 55 Pa. Code §187.25(a)(6)
23 Pa. C.S. 4380(b)(3)
NOTE: Identification of potential good cause circumstances may take place when an applicant/recipient is cooperating with requirements or has not cooperated. If a DRS or court of common pleas identifies that there may be good cause, they must:
Give the information to the CAO by an eCIS alert;
Tell the applicant/recipient to contact the CAO to file a good cause claim;
Suspend support action until the CAO makes a determination on the good cause claim.
If the applicant/recipient does not want to claim good cause, the DRS or court of common pleas must continue the child support enforcement process.
If the applicant or recipient does not cooperate with DHS according to Section 131.32 or Section 131.33 without good cause according to Section 131.6 or if the CAO receives an eCIS alert from the DRS or BCSE that the recipient did not cooperate without good cause, or if the CAO determines noncooperation, the CAO must: 55 Pa. Code §187.26
Authorize cash assistance for the applicant as long as all other eligibility criteria are satisfied, code the non-cooperating parent with eligibility status “E*” and lower the cash assistance grant by 25 percent.
Send an Advance Notice to lower the cash assistance grant by 25 percent. See Appendix D, Eligibility Status for Noncooperation with Support Requirements and Mandatory Participation in Road to Economic Self-Sufficiency Through Employment and Training (RESET). 55 Pa. Code §187.25
NOTE: The CAO must reduce the grant by 25 percent if the non-cooperating parent is sanctioned or ineligible for another reason such as “D” or “N” eligibility status code.
Count support collections that an ineligible person receives and keeps as income available to the budget group receiving cash assistance.
NOTE: The CAO must give written notice to the DRS before a scheduled hearing on noncooperation. The DRS staff responsible for the noncooperation determination must testify at the DHS fair hearing.
Citations:
55 Pa. Code §187.26
55 Pa. Code §187.25 and 55 Pa. Code §187.23(c)
55 Pa. Code §153.44(b)(2)(i)(C) and §187.26(c)(1)
Upon receipt of a noncooperation court order issued by a court of common pleas, the CAO must:
Implement the order within 10 days of receipt by sending a Confirming Notice to lower the cash assistance grant of an applicant/recipient by an amount of 25 percent or more.
NOTE: When cash assistance recipients fail to cooperate with support requirements, the CAO must reduce their grants by 25 percent. When eligible cash assistance applicants do not cooperate with support requirements, the CAO must authorize cash benefits and reduce the grant by 25 percent. This means that all mandatory budget group members in a TANF budget group will be eligible and must cooperate with RESET requirements. They will be required to work or participate in work-related activities. See Appendix D, Eligibility Status for Noncooperation with Support Requirements and Mandatory Participation in Road to Economic Self-Sufficiency Through Employment and Training (RESET).
Tell the applicant/recipient that the right of appeal to the DHS Bureau of Hearings and Appeals does not include the right to appeal a court order where the court determined noncooperation. The right of appeal to the Bureau of Hearings and Appeals is limited to the amount of the net assistance grant calculation.
Reinstate cash assistance only when receiving another court order, depending on the effective date of the order
NOTE: DRS must let the CAO know if the court receives an appeal and decides to hear the appeal. The order to deny cash assistance is in effect until the court issues an order.
Citations:
55 Pa. Code §153.44(b)(2)(i)(C) and §187.26(c)(1)
23 Pa. C.S. 4380
Reissued: February 8, 2013 replacing January 31, 2012