Section 7.45.250. Good cause for refusal to cooperate with child support services agency.

	(a)  In accordance with 7 AAC 45.245(j), the department may find that good cause for refusal to cooperate with the child support services agency exists if  
		(1) cooperation is anticipated to result in physical or emotional harm to the child or to the caretaker relative that would reduce the caretaker relative's ability to care for the child adequately; or  
		(2) proceeding to establish paternity or to secure support will be detrimental to the child because  
			(A) the child was conceived as a result of incest or as a result of an action that would constitute the crime of sexual assault in the first degree, as defined in AS 11.41.410;  
			(B) legal proceedings for adoption of the child are pending before a court; or  
			(C) the caretaker relative is currently being assisted by a public or licensed private social service agency to resolve the issue of whether to keep the child or to relinquish the child for adoption.  
	(b)  Reserved.  
	(c)  The department will, without further investigation, accept the following documentary evidence as proof of good cause not to cooperate:  
		(1) a birth certificate, medical report, or law enforcement record that shows that the child was conceived as a result of incest or as a result of an action that would constitute the crime of sexual assault in the first degree as defined in AS 11.41.410;  
		(2) court records or other written records that show that proceedings to adopt the child are now pending before a court;  
		(3) a written statement or other document from a licensed private or public social service agency showing that the caretaker relative is being aided in determining whether to give up the child for adoption and that this aid has been provided for less than 90 days;  
		(4) a written statement provided by a medical or mental health professional, representative of a child protection or social services agency, domestic violence counselor, or representative of the court or a law enforcement agency that indicates to the department that the individual believed to be the absent parent, or the parent of a child born while the mother was not married, might inflict physical harm upon the caretaker relative or the dependent child;  
		(5) a written statement or other evidence provided by a mental health professional that describes the current status and anticipated emotional health of the caretaker relative or the dependent child and that indicates to the department that the emotional health of the caretaker relative or child is such that the effects of cooperation with the child support services agency would not be in the best interests of the child, or would reduce the caretaker relative's ability to care for the child adequately; or  
		(6) statements from individuals other than the caretaker relative that provide the basis of a claim of good cause acceptable to the department.  
	(d)  If the caretaker relative indicates that no evidence is available to support a claim under (c)(4) of this section, the department may investigate the claim and, if the claim is credible, will find that good cause exists without corroborating evidence.  
	(e)  The department will, upon the caretaker relative's request, assist the caretaker relative in obtaining the needed information to support a claim under (c)(4) of this section.  
	(f)  Repealed 10/1/97.  
	(g)  In determining whether good cause for refusing to cooperate exists because of potential emotional harm to the child or to the caretaker relative, the department will consider  
		(1) the current emotional health of the individual subject to potential emotional harm;  
		(2) the history of that individual's emotional health;  
		(3) the probable intensity and duration of the potential emotional harm;  
		(4) the amount of cooperation needed from the caretaker relative; and  
		(5) the amount of involvement of the dependent child needed to establish paternity or enforce support obligations.  
	(h)  The department will decide each claim of good cause and will notify the caretaker relative of the department's decision no later than 30 days after receipt of the signed claim of good cause form from the caretaker relative. While a claim of good cause is pending review, the department will not require that the caretaker relative show cooperation with the child support services agency.  
	(i)  Good cause does not exist if no evidence is found to support the claim or if the evidence that is obtained does not show that the best interests of the child will be adversely affected by requiring the caretaker relative to cooperate with the child support services agency. If good cause is not found, the department will notify the caretaker relative in accordance with 7 AAC 45.245(k).  
	(j)  If the department finds that good cause does exist, the department will inform the child support services agency of the decision not to proceed because the best interests of the child would be harmed by requiring cooperation or by continued child support services agency activities.  
	(k)  The department will report to the child support services agency each decision made concerning a claim of good cause. If the child support services agency has reason to question the department's decision, it may ask for reconsideration.  

Authorities

47.05.010;47.27.005;47.27.020;47.27.040;44.62.125

Notes

Reference

7 AAC 45.245

Authority

AS 47.05.010 AS 47.27.005 AS 47.27.020 AS 47.27.040 Editor's note: As of Register 171 (October 2004), and acting under AS 44.62.125(b)(6) and sec. 12, ch. 107, SLA 2004, the regulations attorney made technical changes to reflect the name change of the child support enforcement agency to the child support services agency made by sec. 1, ch. 107, SLA 2004.

History

Eff. 8/5/92, Register 123; am 10/1/93, Register 127; am 10/1/97, Register 143; am 1/7/2005, Register 173