E. Child Support Good Cause Claim for Non-Cooperation
Prior to referral of an individual to the local child support agency, the county welfare department shall determine if that person has good cause for non-cooperation.
107 County welfare departments must inform all applicants/recipients verbally and in writing of their right to request an exemption from the cooperation requirement should they fear that compliance would endanger themselves or their children, or should any of the other grounds for an exemption apply.
108 No corroborating evidence is required of an abuse survivor to support a good cause claim: the individual’s sworn statement of the abuse shall be sufficient to establish abuse unless the agency documents in writing an independent, reasonable basis to find the recipient not credible.
109 If the welfare department finds good cause, it shall not refer the case to the local child support agency.
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Counties must issue a Notice of Action when a domestic violence waiver is denied or granted.
47 The notice should include enough information to allow the person to understand what has happened and whether to appeal the agency’s action. For instance, with an MFG waiver that includes several children, the notice should inform the person what months and what amounts of cash aid were approved retroactively for each child. Recipients may request a hearing to contest a denial (or partial approval) of a domestic violence waiver.