The cooperation requirements are excused if good cause is established. Good cause includes, but is not limited to when:
The child was conceived as a result of incest or rape
Legal proceedings for the adoption of the child are pending before a court
The applicant/recipient is currently being helped by a public or licensed private social agency to decide whether to keep or give up the child for adoption, and the discussions have continued for less than 3 months
Action to establish paternity or get child or spousal support would make it harder for the person or family member to escape domestic violence, or would unfairly penalize the violence victim or increase the risk of further violence.
Domestic violence is defined as a pattern of behavior when there is one or more of the following:
Physical acts that resulted in, or threatened to result in, physical injury
Sexual abuse
Sexual activity involving a dependent child
Being forced as the caretaker of a dependent child to engage in non-consensual sexual acts or activities
Threats of, or attempts at, physical or sexual abuse
Mental abuse
Neglect or depriving of medical care.
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.
Types of verification include, but are not limited to:
Birth certificates or medical or law enforcement records showing that the child was conceived as the result of incest or rape
Court documents or other records showing that legal adoption proceedings are pending or that an agency is actively working with a parent considering giving up the child for adoption, and discussions have gone on less than three months
Official records such as medical, criminal, child protective services, social services, psychological, or law enforcement verifying domestic violence
Medical records showing the applicant/recipient’s emotional health history and present emotional health status or those of the child whose support is sought or received, or written statements from a mental health professional showing a diagnosis or prognosis of the applicant/recipient or child’s emotional health
Statements from other people who are aware of the circumstances for the good cause claim. For example, a medical, psychological or social service provider, law enforcement professional, friend, relative, neighbor or other person who is aware of the circumstances may sign the statement.
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:
To accompany the above acceptable verification given by an applicant or recipient (Block 2)
To grant good cause on the applicant/recipient’s written consent based on proof of the good cause claim given by a third party on the form (Block 3)
To grant good cause for up to six months when an applicant or recipient says he or she is at risk of domestic violence and cannot get other proof of domestic violence safely within the established time frame (Block 4).
NOTE: The CAO may not contact the putative father or non-custodial parent to verify good cause based on a claim of domestic violence.
When an applicant/recipient begins a good cause claim, the CAO must tell the applicant/recipient how to get necessary documents. The CAO must assist the applicant/recipient in obtaining documents the individual cannot reasonably obtain themselves, if the applicant/recipient requests assistance or if circumstances show that the applicant/recipient may not be able to obtain them.
EXAMPLE: An individual may not be able to obtain necessary documents when their safety may be in question if they return home to get their documents or if they reside in a shelter.
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 an extension for completing the determination if the CAO needs more time to investigate the verification provided or if the CAO grants the applicant/recipient an extension to obtain documents.
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:
Give the applicant or recipient oral notice of the determination
Give written notice using the PA 162, Notice to Applicant/Recipient
Record the decision and supporting verification in the case record.
If the claim is denied, the notice must include:
The right to appeal and request a fair hearing;
What further evidence or information is needed to support the good cause claim
The dates when information can and needs to be provided
The choice to withdraw the application for assistance
The choice to ask that assistance be closed
The choice to cooperate in establishing paternity and getting support.
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 Good Cause Determination Based on Factors Other than Domestic Violence for Child Support or Paternity PA/CS 173-GC if good cause is not based on domestic violence. If good cause is based on domestic violence, forward a copy of the Domestic Violence Verification Form PA 1747. See Appendix E, Bureau of Child Support Enforcement Area Offices.
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.
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 Domestic Violence Verification Form PA 1747. 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 Section 108.84 Six Month Review/Redeterminations for verification at subsequent reviews.
Updated May 3, 2024, replacing October 22, 2013