Noncooperation is presumed if a mother who was not married at the time of the child's birth and does not have an exception does not cooperate, without good cause, to identify her child’s putative father by name, does not provides the names of two putative fathers subsequently excluded from parentage by genetic testing, and does not provide verification of a court order establishing parentage. Noncooperation may be rebutted only by clear and convincing evidence.
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.
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 their decision, and the reason for their 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 in eCIS to generate an electronic support referral to the DRS.
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, Cooperation Criteria for Child Support or Section 131.33, Cooperation Criteria for Spousal Support without good cause according to Section 131.6, Good Cause 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:
Authorize cash assistance for all members of the applicant/recipient group, if all other eligibility criteria are satisfied code the non-cooperating parent with eligibility status “ES” if all other eligibility criteria are met, and lower the cash assistance grant by 25 percent.
NOTE: The CAO must lower the grant by 25 percent for the applicant/recipient group with the non-cooperating Specified Relative even if the non-cooperating Specified Relative is sanctioned or ineligible for another reason.
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).
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.
55 Pa. Code §187.23(c)
55 Pa. Code §187.25
55 Pa. Code §153.44(b)(2)(i)(C)
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 an Advance Notice to lower the cash assistance grant of an applicant/recipient by an amount of 25 percent.
NOTE: Only the grant group(s) including a child for whom the specified relative is non-cooperative receives a 25 percent reduction if there is more than one grant group.
NOTE: All eligible mandatory budget group members including those in a TANF budget group whose grant has been reduced by 25 percent 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.
Remove 25 percent penalty only when receiving another court order, on the first payment day after 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 25 percent reduction in cash assistance is in effect until the first payment date after the effective date of a new court order. A One Time Issuance (OTI) is not initiated.
55 Pa. Code §153.44(b)(2)(i)(C)
55 Pa. Code §187.26(c)(1)
23 Pa. C.S. 4380
Updated May 3, 2024, replacing February 8, 2013