Good Cause
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Good Cause

Revised October 28, 2007

Purpose: This chapter provides the department’s policy and procedures for determining if a custodial parent has “Good Cause” (GC) for non-cooperation with department program requirements.

CLARIFYING INFORMATION

  1. Good Cause (GC) means that an individual is relieved of certain program requirements when the individual is unable to participate for various reasons as outlined by each program. The individual must claim, and the department must approve good cause.

  2. Department programs that have requirements that can be waived as a result of an individual having good cause are:

  • Division of Child Support (DCS)- Non-Custodial Parent Risk Assessment

  • General Assistance Unemployable (GAU)

  • WorkFirst

  • Food Stamp Employment and Training (FSE&T)

WORKER RESPONSIBILITIES

NSA: Ensure that the individual was screened for Necessary Supplemental Accommodation and that the information is current.  If the person’s limitation or impairment prevents her/him from following through on all program requirements, determine if she/he has Good Cause per WAC 388-472-0050. If she/he has Good Cause, the Department will not take adverse action. See; EA-Z Manual - NSA for more details.

Program Requirements
  1. Division of Child Support(DCS) - Non-Custodial Parent Risk Assessment:

    Parents are required to cooperate with the Division of Child Support (DCS) to help establish paternity, enforce medical insurance coverage, and collect support. See EA-Z Manual - Child Support for more information. This requirement is waived if you determine that collecting support or enforcing medical coverage would reasonably be anticipated to result in serious physical or emotional harm to the child or caretaker. This requirement may also be waived in instances of rape, incest or when an adoption discussion is taking place. See WAC 388-422-0020.
  2. GAU:

    To continue receiving GAU, the individual must accept and follow through on required medical treatment and referrals to other agencies and services, unless the individual has Good Cause for not doing so as outlined in WAC 388-448-0130. The only exceptions for refusing treatment or other agency referrals are the “valid reasons” found in WAC 388-448-0140. If an individual refuses treatment or agency referral without having valid reasons, GAU benefits are terminated.

See: EA-Z Manual - Incapacity - D. - Treatment and Referral

  1. WorkFirst:

    WorkFirst policy requires parents to participate up to 40 hours a week in approved activities unless the parent is determined to be exempt per WAC 388-310-0350, WAC 388-310-0300 and WAC 388-310-1450 or have a valid Good Cause reason for not participating per WAC 388-310-1600.

    See: EA-Z Manual - WorkFirst -A. - Sanctions and WorkFirst Handbook / Sanction Chapter 3.6

  1. Food Stamp Employment & Training(FSE&T):

Persons receiving Food Stamps are required to register for work and must participate in FSE&T unless exempt per WAC 388-444-0015 and WAC 388-444-0020 or have a valid Good Cause reason for not participating per WAC 388-444-0050.

See: EA-Z Manual - Food Stamp Employment and Training - F. -  Good Cause


Non-Cooperation With DCS

All claims of Good Cause for non-cooperation with DCS are referred to the CSO Social Worker.  Review the documents attached to the referral including:

  • DSHS Financial/Social Service Communication DSHS 14-084(X);

  • DSHS 18-334(X), How You Must Help With Support Collection, for the parent's statement of claim;

  • DSHS 14-194 (X), Medical Coverage Information; and

  • Additional documents that have been gathered that support the parent’s Good Cause claim.


Parent Interview

When possible, interview the parent on the same day you receive the Good Cause referral. During the interview:

  1. Find out why the parent wishes to forgo Child Support. Ask if there are current issues around Family Violence.  Review e-JAS for possible Family Violence.  If you feel that the parent is endangered, or at risk of serious harm, seek assistance from an on-site or community based domestic violence advocate.

  2. Talk with the parent about what she/he views as the pros and cons of establishing paternity and/or collecting Child Support.  If you feel the parent is misinformed about a child’s rights to resources, benefits, or entitlements, help the parent to seek advice from appropriate resources. Services and resources may include legal advocacy, the local DCS office, a family violence advocate, etc. Inform the parent:

    1. Once a support obligation is established, it must be paid by the non-custodial parent.  Granting a Good Cause exemption does not forgive the child support debt, it merely stops DCS from taking any action to collect the debt, which makes it important to establish and maintain accurate information about the basis for the good cause exemption.

    2. If Good Cause is granted now but later withdrawn; DCS will start to collect both past and current child support from the non-custodial parent. This will be important for a victim of family violence to understand if there are any safety risks present at the time collection begins.

    3. If Good Cause is still approved at the time the caretaker’s public assistance is terminated, DCS will not pursue collection of back child support at the time.  DCS will reopen the case if the custodial parent submits a new enforcement application, unless Good Cause is approved again.

  3. Based on the circumstances of the parent, if she/he appear to qualify for Good Cause, ask if she/he can provide corroborative evidence (see Appendix I for explanation of this evidence):

    1. Discuss with the parent the types of evidence that can be provided to substantiate the Good Cause claim.

    2. Ask the parent if she/he will need help obtaining the information.

    3. Inform the parent that she/he is required to provide the documentation within 20 days.  If the parent will have difficulty with obtaining the evidence in that time frame, negotiate a reasonable timeframe based on circumstances involved in obtaining the evidence, and how long it will realistically take to acquire the documentation.

    4. Inform the parent that we can pay any fees required to obtain the evidence.

    5. If it appears the parent will be able to provide some evidence, but that the evidence will not be conclusive, determine if an investigation of the claim is warranted. If so, make arrangements to obtain the evidence and investigate the claim.

    6. Follow up the discussion with a confirming letter stating what evidence will be provided and the time period the evidence is to be provided. Tickle for the specified date.

  4. If the parent does not want to proceed with the Good Cause claim, remind the parent that she/he may re-apply at anytime if her/his circumstances change.  Document the parent's response. Send a DSHS 18-444 (X), Good Cause Decision, to DCS and financial services, marked “withdrawn.”

    If the parent has questions or fears about issues related to custody, visitation or paternity, refer the parent to the legal services CLEAR line (1-888-201-1014).

  5. If the parent cannot provide any acceptable corroborative evidence, make arrangements to investigate the claim. Consult as needed with the on-site or community-based family violence advocate and others to ensure the parent’s safety. See Appendix I for information about corroborative evidence.

  6. If it is necessary for you to conduct an investigation, make third party contacts only with the knowledge and consent of the custodial parent.  Inform the parent of each specific contact.

    1. Offer the parent the opportunity to obtain the information on his/her own.

    2. If the parent needs help getting verification and consents to your helping her/him get the needed information, have the parent complete and sign the DSHS 14-012 - Authorization to Release Information.

    3. If the parent does not consent to department assistance, talk with the parent in more depth to either

      1. Be convinced of the efficacy of her/his claim, or

      2. Problem-solve with her/him to identify other ways to get the information.

    4. When the decision is based upon phone verification, document the date, phone number, the person you talked with, and the information you received.

  7. Explain to the parent that when Good Cause is approved, the department will also decide what level of protection is necessary. There are two levels:

  • Level A: DCS does not pursue the establishment of paternity, collection of child support or medical insurance coverage from the NCP because any contact with the NCP poses a risk of serious harm to the child or caretaker.  DCS closes the child support case, takes no actions on the child support case and the parent will not receive child support. Even if DCS closes the child support case, any child support owed under an existing child support order accumulates each month that it is not paid. In the future, if good cause is not an issue, DCS will collect both current and past due child support.

  • Level B: DCS may pursue paternity/child support and medical enforcement without the parent’s cooperation, where such activity would not result in risk of serious harm to the child or caretaker. For example, an emotionally vulnerable caretaker may be at risk of serious harm only if she/he were to come face-to-face with the non-custodial parent in court.

    In Level B cases, DCS will have limited involvement, usually only the administrative processes of collection of child support such as wage garnishment and medical enforcement. DCS establishes the account for child support collection in the field office nearest the non-custodial parent, therefore there is no reason to reveal even the county of residence of the caretaker.

    Generally, paternity establishment will not be pursued because these proceedings usually take place in the county of residence of the child and require the cooperation and involvement of the child and caretaker.

    The parent will not be required to cooperate, but she/he may elect to do so as long as there is no risk of harm. For example, the caretakers county of residence is already known to the non-custodial parent, and the caretaker wishes to establish paternity DCS will provide this service. The caretaker can stop this process at any time.  Cooperation is voluntary in level B cases.


See Appendix II for information about DCS that provides additional information to the parent about DCS functions.


Claim Determination and Processing

If possible, make a determination within 30 days.  Good Cause is found if the evidence and/or parent’s statement, or your investigation indicates that the likelihood of harm to the caregiver or child/children is too great to safely seek collection of child support.

  1. Notify the FSS using the DSHS 14-084(X), at any point the parent refuses to cooperate with you in the determination of Good Cause or fails to respond to your notices. This will start the process for the FSS to notify the caretaker that she/he is at risk of being removed from assistance for non-cooperation with DCS.

  2. When all corroborative evidence has been received and/or the investigation is completed, you are ready to make a decision.  Complete the proposed Good Cause Decision, DSHS 18-444A(X) and send to DCS.  DCS will review any record they may have and provide support information to the CSO Social Worker.

    1. Allow DCS 10 days to respond. If DCS does not respond, make a determination without their input.

    2. Consider any comment or recommendation made by DCS when making a final determination. Information from the DCS file may contribute to the final determination.

    3. If DCS responds after the final determination, review additional information against other case record evidence, and determine if the original decision should be modified. Notify the parent of any modifications you are contemplating to give them the opportunity to respond.

    4. Provide DCS the opportunity to participate in any hearing resulting from the parent’s appeal of a Good Cause determination based on DCS input.

  3. Supervisory approval of the decision prior to the parent's notification is required on all Good Cause decisions. The supervisor indicates approval by signing the DSHS 18-444(X), Good Cause Decision.

  4. Notify the parent of the final decision on the DSHS 18-444(X), Good Cause Decision. Provide copies to the FSS and DCS.

  5. If you approve a good cause exemption, and the TANF/SFA grant or TANF related medical coverage/program has not been denied or terminated by FSS, set the review date at six months or shorter if circumstances warrant.

    1. If TANF/SFA or medical benefits are provided to the parent who claimed good cause but assistance is terminated while the claim is still pending, the CSO Social Worker must complete the good cause determination.  DCS must be informed to know if further action concerning the child support case is necessary.

    2. If, because of loss of contact or some other reason, the CSO Social Worker is unable to make a determination, the default decision is approval of the good cause claim.  If the parent reapplies for public assistance, the CSO Social Worker can explain that the CSO granted good cause in the absence of proof in order to err on the safe side.  Now, with a new assistance application, good cause must be determined according to the standard process.

      1. Later, if the parent reapplies for public assistance, the CSO Social Worker can explain that the CSO granted good cause in the absence of proof in order to err on the safe side. Now, with a new assistance application, good cause must be determined according to the standard process.

  6. If Good Cause is denied, advise the custodial parent that:

    1. She/he has a right to a fair hearing.

    2. If circumstances change, the parent may, at any time, request another good cause determination by completing and signing another “How I Must Help With Support Enforcement” (DSHS 18-334(X)).

  7. Document essential case information in the appropriate notes section (ICMS, ACES, e-JAS, etc.) taking special care to include information about family violence only on the confidential screen. Your notes may be needed in the future to:

    1. Support the decision;

    2. Aid at review; and

    3. Provide information if the decision goes to a fair hearing

  8. Complete the 18-444 and return to the parent, DCS and notify financial services:

    1. If approved: Level (A or B) and date

    2. If denied and date

    3. sIf not cooperating and date


Reviewing Good Cause Determinations

Review Good Cause determinations at intervals consistent with the family circumstances.

  1. If Good Cause is approved because the child was conceived as a result of rape or incest, it is not necessary to review the Good Cause decision.  However, advise the caretaker that they can withdraw their claim of good cause at any time if she/he wishes to do so.

  2. If Good Cause is approved based on any other circumstance (e.g. physical or emotional harm to the child or caretaker or adoption discussions or proceedings), Good Cause will be reviewed periodically, usually every six months.

  3. At the time of review:

    1. Review the documented facts in the case record.  Determine if contact with the custodial parent is necessary to make the determination to continue Good Cause.

    2. If there is sufficient information in the record to continue the Good Cause determination without contacting the parent, authorize continued Good Cause and establish a new review date at an appropriate time in the future.

    3. If contact is necessary:

      1. Interview the custodial parent to determine if the circumstances have changed since the last Good Cause determination.  If additional verification is available and necessary to make a re-determination, inform the parent about what she/he will be expected to provide. Ask the parent if she/he expects to have any problems in providing the information and offer to assist the parent if she/he needs special accommodations or is unable to obtain the verification.

      2. Evaluate the new verification and circumstances against the previous Good Cause determination.

    4. Complete a DSHS 18-444(X), Good Cause Decision:

      1. Mark the box to indicate it is a Good Cause re-determination; and

      2. Send copies to the parent, DCS, and FSS.


Referrals and Resources

  1. Refer the parent to CSO or community-based domestic violence advocates who may be able to help the parent address the circumstances creating the need for the Good Cause claim. Document the referrals made in e-JAS remembering that documentation relating to family violence must only be documented on the confidential screen.  Explain the use of medical coupons to obtain medical care for the family.  Ask the parent if she/he needs any special accommodations to seek services or use Medical Coupons.

  2. Give the custodial parent available informational brochures related to DCS or Good Cause and discuss any other pertinent issues related to the parents situation.

  3. Encourage the parent's at risk of family violence to enroll in a community support group, counseling activities or contact legal services (1-888-201-1014).

  4. If the parent would like more information about support enforcement services, have the client call 1-800-442-KIDS.

  5. Social workers can call the statewide WorkFirst Family Violence Help-line for more information about safe collection of child support or with questions about domestic violence (360-586-1030).

  6. Some parents may be participating in the Address Confidentiality Program (ACP) through the Office of the Secretary of State. The ACP protects the address of persons attempting to escape from family violence or sexual assault situations. Participants use a substitute address in place of their actual physical or mailing address.  See the EA-Z Manual if the parent is participating in, or you would like more information about the Address Confidentiality Program.


FORMS USED FOR GC

Form Number

Title

Use

Distribution

General GC Forms

DSHS 14-012(X)

Authorization to Release Information

To obtain evidence when the custodial parent is unable to provide it directly

Original to verification source, copy to custodial parent and case record

 0065-01

 ACES On-Line Referral

To refer parent for services determination and notify financial services of the parent’s cooperation pending a final decision

 Original to Financial Services, copy to case record, when the Good Cause determination is completed.

Non-Cooperation with DCS - Absent Parent Risk Assessment Forms

DSHS 18-334(X)

How You Must Help with Support Collection

Custodial Parent’s statement of Good Cause claim

Social Services receives the pink copy with the referral to determine Good Cause

DSHS 18-444(X)

DCS Good Cause Decision

Notify custodial parent, DCS and financial services of Good Cause  determination

Original to custodial parent, copies to case record, financial services and DCS

DSHS 18-444A

Proposed DCS Good Cause Decision

To obtain information from DCS relating to Good Cause determination

White and yellow to DCS; Pink to service record, Return white to services and destroy pink (if white not returned, retain pink)

DSHS 22-235(X)

Legal Issues in Domestic Violence

Give to custodial parent as resource

To custodial parent

DSHS 22-583(X)

Facts about the DCS Child Support Enforcement Program

Give to custodial parent

To custodial parent

DSHS 22-688(X)

Support their future

Give to custodial parent with Toll-free DCS number

To custodial parent
 

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Modification Date: October 28, 2007
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