Good Cause Does Not Exist (Nov. 2002)
Question: “If a parent's good cause claim is determined "does not exist", are they offered the right to appeal the decision through administrative hearing. I could not find anything showing this. Once the KTAP grant is reduced due to non-cooperation they can appeal this but seems they should be able to appeal the good cause decision itself. What do you say?”
Answer: There is IV-A, IV-D, IV-E, and Medicaid good cause. Prosecutors' Handbook Section 12.000 addresses IV-D good cause.
Contracting officials’ determine IV-D good cause for child support cases. The following excerpt is taken from Prosecutor’s Handbook Section 12.000.
12.070 GOOD CAUSE DOES NOT EXIST
An investigation of the evidence provided may not substantiate a finding of good cause or it may be learned during the review that the criterion for which a good cause determination was to be made no longer exists, (for example, adoption proceedings are stopped). If it is determined that good cause does not exist, the case record must be documented as to the reason. The reason is entered on the NOTES screen attached to the Update Case screen (ASEC8C).
If the custodial parent has made a good cause claim, she must be notified in writing that good cause does not exist and that action will be taken to establish paternity and a child/medical support obligation. Part II (DETERMINATION) of the CS-86 is completed by the contracting official to indicate that good cause does not exist. The original CS-86 is filed in the hard copy case record and a copy is mailed to the custodial parent.
The contracting official must change the code in the "Does Good Cause Exist?" field from a "P" to an "N." The "N" code shows that good cause has not been requested or has been determined not to exist. When the "P" code is changed to an "N," the WORK/ENF code must be changed manually from UPGC to the appropriate WORK/ENF code. These changes are made on the Update Case screen (ASEC8C). The contracting official must document the case event history to record the findings on which the determination was based.
The contracting official must then initiate (if a complaint has not been filed) or complete legal proceedings to establish paternity as described in Handbook Section 13.000, Paternity. (Emphasis added.)
As you can see from the last paragraph of Subsection 12.070, the custodial parent may file a complaint if the contracting official determines that good cause for failing to cooperate in child support activities does not exist.
The CS-333 series has been issued as draft for review and comment. The Facts about the Right to Claim Good Cause (Form CS-333.1) is part of this series. We can add information to this form stating that a custodial parent has the right to request an administrative hearing or file a complaint in court if the contracting official determines that good cause does not exist for not cooperating in child support activities.