Ariz. Admin. Code § 6-12-312

Current through Register Vol. 30, No. 45, November 8, 2024

Section R6-12-312 - Good Cause for Non-cooperation with Child Support Enforcement

A. An applicant or recipient may establish good cause for non-cooperation with the Department. Good cause shall exist when:

1. Cooperation is reasonably likely to result in physical or emotional harm to the dependent child, parent in the home, or the NPCR, based on the factors identified in subsection (B);

2. Legal proceedings for adoption of the dependent child are pending before a court;

3. A public or private adoption entity is counseling the applicant regarding release of the dependent child for adoption, and such counseling has occurred for less than 3 months; or

4. The dependent child was conceived as a result of incest or rape.

B. As used in subsection (A)(1):

1. Physical harm means an impairment of the human body of a serious nature.

2. Emotional harm means an impairment that substantially affects the individual's ability to function.

C. In determining whether emotional harm will result for the purpose of subsection (A)(1), the Department shall consider:

1. The emotional state and psychological history of the person likely to suffer emotional harm,

2. The degree of cooperation required,

3. The extent of the individual's involvement in any cooperative efforts, and

4. The intensity and probable duration of the emotional impairment.

D. An applicant or recipient shall provide evidence to verify good cause within 20 days of filing a claim of good cause, or upon approval of the application, whichever last occurs. If the applicant or recipient can establish difficulty in obtaining verification, the Department may extend this time limit for up to 30 days or longer.

E. Acceptable verification shall be documentation which establishes the claim of good cause by a preponderance of evidence and may include:

1. Birth certificate or Bureau of Vital Statistics Records in cases of incest;

2. Medical or law enforcement records in cases of sexual assault or incest;

3. Court records or other legal documents in cases of pending adoptions;

4. A written statement from a private or public adoption entity in cases of adoption counseling;

5. Court, medical, criminal, Child Protective Services, psychological, social services, or law enforcement records, in cases of physical or emotional harm; and

6. Sworn statements from friends, neighbors, clergy, or other persons with personal knowledge of circumstances that would substantiate a claim of good cause.

F. If the applicant or recipient is unable to provide the verification specified in subsection (E) above, the applicant or recipient shall furnish information which permits the Department's Office of Special Investigations to investigate the good cause circumstances.

G. The Department shall not deny, delay, or discontinue assistance pending a determination of good cause.

H. The Department shall determine whether or not good cause exists within 45 days from the date the applicant or recipient makes the good cause claim. The Department may extend this time limit if additional time is required to verify the claim.

I. If the Department finds that good cause does not exist, the applicant or recipient shall cooperate with the requirements of R6-12-311(F) within 10 days following the date the Department notifies the applicant or recipient of the good cause decision.

J. The Department shall redetermine a claim of good cause;

1. At each six-month review, and

2. When circumstances change such that good cause no longer exists.

Ariz. Admin. Code § R6-12-312

Adopted effective November 9, 1995 (Supp. 95-4). Amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).

The following Section was amended under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to Laws 1997, Ch. 300, § 74 (A). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; the Department did not submit these rules to the Governor's Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this Section.