COMMONWEALTH OF KENTUCKY
Cabinet for Human Resources
Department for Social Insurance
PHTL-42
KENTUCKY PROSECUTORS' CHILD SUPPORT ENFORCEMENT HANDBOOK
IV-D GOOD CAUSE
Section 12.000 8/16/95
12.010 REGULATORY AND STATUTORY AUTHORITY
Title 45 of the Code of Federal Regulations (CFR) Section (§) 303.5(b) states that the IV-D agency need not attempt to establish paternity in any case involving incest or forcible rape, or in any case in which legal proceedings for adoption are pending, if, in the opinion of the IV-D agency, it would not be in the best interests of the child to establish paternity.
45 CFR § 303.11(b)(4)(iii) allows the IV-D agency to close a case if, in accordance with 45 CFR § 303.5(b), the IV-D agency has determined that it would not be in the best interests of the child to establish paternity in a case involving incest or forcible rape, or in any case where legal proceedings for adoption are pending.
45 CFR § 303.5(b) does not address situations in which physical or emotional harm to the child might be an issue. The Regional Office of Child Support Enforcement (ROCSE) states in Regional Representative's Memorandum No. 88-02, dated March 14, 1988, that no other IV-D regulations governing paternity establishment address the best interests of the child in non-AFDC cases. However, if the IV-D agency has cause to believe that paternity establishment might present a clear risk of physical or emotional harm to the child, even if no state law is applicable, there could arguably be cause for not pursuing paternity establishment. ROCSE believes that the "good cause circumstances" set forth at 45 CFR § 232.42, although not directly applicable, may have some bearing in these cases.
The "good cause circumstances" set forth at 45 CFR § 232.42 are those circumstances for which the public assistance agency determines that an applicant or recipient's cooperation in child support activities would not be in the child's best interests. These child support activities include establishing paternity, securing support, or identifying and providing information to assist the state in pursuing any third party who may be liable to pay for medical services.
Also, Kentucky Revised Statute (KRS) 205.730 (1) allows the Division of Child Support Enforcement (DCSE), in a putative father case, to attempt to locate a custodial parent for the purpose of establishing paternity when DCSE finds the attempt to be in the best interest of the child.
Section 2, Item (2) (a) and (b) of 904 Kentucky Administrative Regulation (KAR) 2:390 (Child Support Enforcement Program paternity establishment) states that a child support case may be
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COMMONWEALTH OF KENTUCKY
Cabinet for Human Resources
Department for Social Insurance
PHTL-42
KENTUCKY PROSECUTORS' CHILD SUPPORT ENFORCEMENT HANDBOOK
IV-D GOOD CAUSE
Section 12.000 8/16/95
closed if good cause is determined. Good cause may be found to exist if criteria contained in 904 KAR 2:006 (16) (4) are met.
The good cause criteria contained in 904 KAR 2:006 (16) (4) are the criteria used by the IV-A agency to determine good cause. These criteria allow for a case to be closed when evidence shows that child support action is expected to result in physical or emotional harm of a serious nature to the child or the child's caretaker.
12.020 GOOD CAUSE CRITERIA
In accordance with 45 CFR § 303.5(b), the IV-D agency may determine that good cause exists for not establishing paternity in putative father cases when at least one of the following criteria is met.
1. Establishment of paternity and a child/medical support obligation is not in the child's best interest because the child was conceived as a result of incest. That is, the blood relationship between the child's parents is nearer than first cousins, for example, parent-child, brother-sister, uncle-neice, aunt-nephew, or grandparent-grandchild, as well as half-blood relationships of the above types.
2. Establishment of paternity and a child/medical support obligation is not in the child's best interest because the child was conceived as a result of forcible rape.
3. Establishment of paternity and a child/medical support obligation is not in the child's best interest because legal proceedings for adoption of the child by a specific family are pending before a court of competent jurisdiction.
In accordance with Section 2, Item (2)(b) of 904 KAR 2:390, good cause exists if criteria contained in 904 KAR 2:006 (16) (4) are met. In addition to the three good cause criteria listed above, other criteria contained in Section 16, Item 4 of 904 KAR 2:006 allow a case requiring paternity action to be closed if evidence shows at least one of the following criteria is met.
1. Establishment of paternity and a child/medical support obligation is not in the child's best interest because taking such action might result in physical harm of a serious nature to the child.
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COMMONWEALTH OF KENTUCKY
Cabinet for Human Resources
Department for Social Insurance
PHTL-42
KENTUCKY PROSECUTORS' CHILD SUPPORT ENFORCEMENT HANDBOOK
IV-D GOOD CAUSE
Section 12.000 8/16/95
2. Establishment of paternity and a child/medical support obligation is not in the child's best interest because taking such action might result in emotional harm of a serious nature to the child.
3. Establishment of paternity and a child/medical support obligation is not in the child's best interest because taking such action might result in physical harm of a serious nature to the custodial parent to such extent that it would reduce her ability to care for the child adequately.
4. Establishment of paternity and a child/medical support obligation is not in the child's best interest because taking such action might result in emotional harm of a serious nature to the custodial parent to such extent that it would reduce her ability to care for the child adequately.
12.030 GOOD CAUSE EXISTS - GOOD CAUSE CLAIM NOT REQUIRED
It is DCS's policy for contracting officials to be responsible for making IV-D good cause determinations in putative father cases which have been referred for judicial action.
A contracting official must consider available evidence in determining whether good cause exists. Evidence needed to support a determination of good cause is discussed in Manual Subsection 12.050, Evidence Needed to Determine Good Cause.
A contracting official may become aware of a good cause situation in two ways. First, as an officer of the court, an official may be aware of circumstances which indicate that good cause exists prior to any contact with the custodial parent. For example, an official may have knowledge of court action or documents filed, such as an emergency protection order, or rape or incest charges, which would indicate paternity establishment would not be in the best interest of the child. In such instances, the custodial parent should not be located (if the custodial parent's address is unknown) or contacted for paternity establishment purposes. The custodial parent does not request and complete a Good Cause Claim/IV-D Determination (Form CS-86) in these instances.
When a contracting official is aware of a good cause situation but must obtain evidence needed to make the determination and document the case record (for example, a copy of the emergency protection order or the criminal charges), the official must enter a "P" in the "Does Good Cause Exist?" field on the Update Case screen (ASEC8C). The "P" code shows that a case is being investigated to determine whether good cause exists. The system automatically changes the WORK/ENF code on the Update Case
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COMMONWEALTH OF KENTUCKY
Cabinet for Human Resources
Department for Social Insurance
PHTL-42
KENTUCKY PROSECUTORS' CHILD SUPPORT ENFORCEMENT HANDBOOK
IV-D GOOD CAUSE
Section 12.000 8/16/95
screen (ASEC8C) to the Unworkable code "UPGC" (Unworkable - Pending Good Cause) when a "P" has been entered in the "Does Good Cause Exist?" field. (KASES Handbook Subsection 5.060, Update Case/Participant Data, provides information on the valid codes used for the "Does Good Cause Exist?" field.)
Once evidence needed to document that good cause exists is obtained and investigation of the evidence indicates good cause exists, the contracting official must change the code in the "Does Good Cause Exist?" field from a "P" to a "Y." The "Y" code shows that good cause was determined to exist. The reason code which describes why good cause exists is entered in the "Good Cause Reason" field and the date good cause was determined is entered in the "Determination Date" field. These changes are made on the Update Case screen (ASEC8C). The basis or evidence on which the determination that good cause exists was made must be documented in NOTES. Also, the case event history must be documented to record the findings upon which the determination was based.
When good cause exists, the case is referred to the area office caseworker who is responsible for closing the case. Handbook Subsection 31.030, Case Closure, provides procedures to follow when a case meets a case closure criterion.
If good cause is found not to exist, the contracting official follows procedures provided in Handbook Subsection 12.070.
The second way in which an official may become aware of a good cause circumstance is if the custodial parent files a good cause claim. The manner in which a good cause claim is filed is discussed in the next subsection.
12.040 FILING A GOOD CAUSE CLAIM
When a custodial parent claims to have a good reason for not having paternity established, a "good cause" claim may be requested and filed by the custodial parent. To file a good cause claim, the custodial parent must complete Part I (CLAIM) of a Good Cause Claim/IV-D Determination (Form CS-86). Part I provides space for the custodial parent to state the reason why she feels it is not in the child's best interest to establish paternity.
Once the good cause claim has been filed, the custodial parent has 20 days from the date of the claim to provide the evidence necessary to document her allegations. (Handbook Subsection 12.050 provides evidence upon which a good cause determination
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COMMONWEALTH OF KENTUCKY
Cabinet for Human Resources
Department for Social Insurance
PHTL-42
KENTUCKY PROSECUTORS' CHILD SUPPORT ENFORCEMENT HANDBOOK
IV-D GOOD CAUSE
Section 12.000 8/16/95
may be made.) No further action to establish paternity and a support/medical obligation is taken until a determination is made.
he CS-86 is document generated by the contracting official by accessing the Generate Letters screen (ASEMDA). KASES automatically creates an event and a 20 calendar day worklist item when the CS-86 is generated.
When Part I (CLAIM) of the CS-86 has been completed and signed by the custodial parent and the contracting official, the contracting official must enter a "P" in the "Does Good Cause Exist?" field on the Update Case screen (ASEC8C). The "P" code shows that good cause has been requested but has not yet been determined. The system automatically changes the WORK/ENF code on the Update Case screen (ASEC8C) to the Unworkable code "UPGC" (Unworkable - Pending Good Cause) when a "P" has been entered in the "Does Good Cause Exist?" field. (KASES Handbook Subsection 5.060, Update Case/Participant Data, provides information on the valid codes used for the "Does Good Cause Exist?" field.)
12.050 Evidence Needed to Determine Good Cause
A custodial parent who makes a good cause claim must provide evidence necessary to verify the good cause claim. The custodial parent must also furnish sufficient information to allow for an investigation of the circumstances, if necessary, in order to determine whether the establishment of paternity would be in the child's best interest.
Evidence upon which a determination of good cause is made, includes, but is not limited to, the following.
1. Birth certificates or medical or law enforcement records which indicate that the child was conceived as a result of incest or forcible rape.
2. Court documents or other records which indicate that legal proceedings for adoption are pending before a court of competent jurisdiction.
3. Records (court, medical, criminal, child protective services, social services, psychological, or law enforcement) which indicate that the putative father might inflict physical or emotional harm on the child or caretaker relative.
4. Notarized statements from persons, other than the custodial parent, with knowledge of the circumstances which provide the basis for the good cause claim.
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COMMONWEALTH OF KENTUCKY
Cabinet for Human Resources
Department for Social Insurance
PHTL-42
KENTUCKY PROSECUTORS' CHILD SUPPORT ENFORCEMENT HANDBOOK
IV-D GOOD CAUSE
Section 12.000 8/16/95
Physical harm and emotional harm must be of a serious nature in order to justify a finding of good cause. A finding of good cause for emotional harm may only be based upon a demonstration of an emotional impairment that substantially affects the individual's functioning.
If a good cause claim is based upon anticipated emotional harm of a serious nature to the child or the custodial parent, the following must be considered and fully documented when making the determination:
- the present emotional state of the person subject to emotional harm;
- the emotional health history of the person;
- the extent and probable duration of the individual's emotional impairment; and
- the extent of involvement required by the individual in establishing paternity and a child/medical support obligation.