Section 29-1708. NOTICES REGARDING COOPERATION AND GOOD CAUSE FOR REFUSAL TO COOPERATE

 

1708.1 Before requiring cooperation, as set forth in §1708 of the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101, D.C. Code, 2001 Ed. §4-217.08), IMA shall notify the applicant or recipient orally and in writing of the right to be exempted from the child support and paternity establishment cooperation requirement upon a showing of good cause. IMA shall also provide the applicant or recipient with the information set forth in §1708.4.

 

1708.2 The applicant or recipient shall acknowledge receipt of the notice in §1708.1 by signing and dating a copy of the notice.

 

1708.3 CSED shall provide the applicant or recipient with one (1) opportunity for a meeting with CSED before making a determination of noncooperation in the establishment of paternity or in obtaining child support or medical support.

 

1708.4 CSED shall provide written notice to the applicant or recipient of the opportunity to meet regarding the noncooperation in the establishment of paternity or in obtaining child or medical support, the right to claim good cause for not cooperating, and the consequences of the failure to appear at the meeting with CSED.

 

1708.5 CSED shall also provide a notice to an applicant or recipient orally and in writing of the right to claim good cause and of the requirements applicable to exemption from the child support, medical support and paternity establishment cooperation requirement upon a showing of good cause. CSED shall also provide the applicant or recipient with the information set forth in §1708.6.

 

1708.6 Each of the notices provided by IMA and CSED, as set forth in §1708.1, 1708.4 and 1708.5 shall advise the applicant or recipient of the following:

 

(a) That the applicant or recipient is legally required to cooperate in establishing paternity and securing financial and medical support as a condition of eligibility for assistance, absent a determination of good cause as set forth in §1709;

 

(b) The potential benefits that the child may derive from the establishment of paternity, and the award of financial and medical support;

 

(c) The sanctions for refusal to cooperate without a determination of good cause, as set forth in §1709 and 1713;

 

(d) The possible consequences of cooperation with the establishment of paternity and child support;

 

(e) The right to the opportunity to claim the good cause exception, as set forth in §1709, at any time;

 

(f) The circumstances that constitute good cause as set forth in §1709;

 

(g) That an applicant or recipient claiming good cause for refusal to cooperate shall provide substantiating evidence of good cause, as set forth in §1712.3, and shall furnish sufficient information to permit CSED to evaluate his or her claim;

 

(h) That CSED shall provide reasonable assistance in obtaining the substantiating evidence;

 

(i) That on the basis of the substantiating evidence supplied and any necessary investigation, CSED shall determine whether cooperation would not be in the best interest of the child with respect to whom assistance is claimed, shall identify the reasons for its determination, and shall provide the determination and reasons to the applicant or recipient in writing;

 

(j) The right to a fair hearing to appeal a sanction for non-cooperation if CSED determines that the applicant or recipient does not have good cause for non-cooperation and the applicant or recipient chooses not to cooperate;

 

(k) That personnel at CSED may review the findings of staff, as well as the basis for a good cause determination, and may participate in any hearings involving good cause for noncooperation;

 

(l) That personnel at CSED shall not attempt to establish paternity, collect support, collect third party information, or pursue third parties liable for medical services, in those cases in which a good cause claim is pending or has been granted;

 

(m) That CSED and IMA shall make all reasonable efforts to ensure the applicant’s, recipient’s or child’s whereabouts are kept confidential and take other measures necessary to protect them from harm if:

 

(1) [Reserved]

 

(2) A good cause claim is pending or has been granted;

 

(3) A civil or temporary protection order has been entered with respect to the applicant, recipient or child; or

 

(4) The Director, his or her designee, or CSED has reason to believe that release of the information could result in harm to the applicant, recipient or child; and

 

(n) That TANF benefits shall not be denied, delayed, reduced or discontinued pending the outcome of a good cause claim in which the applicant or recipient has made a good faith effort to substantiate her claim.

 

1708.7 IMA shall provide the notice described in §1708.6 at least once per year.

 

 

source

Final Rulemaking published at 45 DCR 1845a (March 27, 1998); as Emergency Rulemaking at 46 DCR 4349 (May 14, 1999) [EXPIRED]; as Emergency Rulemaking at 47 DCR 5615(July 7, 2000) [EXPIRED].