Section 29-1712. PROOF OF GOOD CAUSE CLAIM

 

1712.1 An applicant or recipient claiming good cause shall provide substantiating evidence as set forth in §1712.3 within twenty (20) calendar days from the date the claim of good cause is made.

 

1712.2 In exceptional cases, where the applicant or recipient has difficulty obtaining substantiating evidence, CSED shall allow a reasonable additional period of time to obtain such evidence.

 

1712.3 Evidence to substantiate a good cause claim shall include, but is not limited to, the following:

 

(a) A birth certificate or medical, mental health, or law enforcement record that indicates that the child was conceived as the result of incest or sexual assault;

 

(b) A court document or other record that indicates that legal proceedings for adoption are pending before a court of competent jurisdiction;

 

(c) A written statement from a public or licensed private social agency that the applicant or recipient is being assisted by the agency to resolve the issue of whether to keep the child or relinquish the child for adoption;

 

(d) Police, government agency, or court records; documentation from a shelter worker, legal, clerical, medical, or other professionals from whom the applicant or recipient has sought assistance; statements from other individuals with knowledge of the circumstances; physical evidence of domestic violence, or any other evidence supporting the allegation that cooperation might result in physical, sexual, or emotional harm on the child, applicant, recipient, household member, or immediate family member; or

 

(e) A written statement, sworn under penalty of perjury, from an individual who has knowledge of the circumstances that provides the basis for the good cause claim, including allegations of the applicant, recipient, child, household member, or immediate family member under oath, including, but not limited to, their affidavit and Petition for a Civil Protection Order.

 

1712.4 Upon request by the applicant or recipient, CSED shall:

 

(a) Advise the applicant or recipient how to obtain the necessary substantiating information; and

 

(b) Make reasonable efforts to obtain any specific information that the applicant or recipient is not reasonably able to obtain without assistance.

 

 

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].