Deprivation of parental care or support may exist due to the continued absence of the parent from the home in which the child resides when the nature of the absence is such as to interrupt or terminate the parent's functioning as a provider of support and maintenance, physical care, or guidance. The length of time the parent has been absent does not affect the determination of deprivation.

Except when a parent is a "convicted offender" (See NOTE below), one or both parents must be physically absent from the child's home, as described in FA 2244.1, in order for deprivation due to continued absence to be met. In addition to physical absence, the following factors will be taken into consideration in making the determination of whether the absence has interrupted or terminated the parent's functioning as a parent:

1. The frequency of contact between the absent parent and child.
2. The provision of support and maintenance for the child by the absent parent.
3. The provision of physical care for the child by the absent parent.
4. The provision of guidance to the child by the absent parent.

The decision of whether deprivation due to continued absence exists is made on a case-by-case basis by evaluating the individual case circumstances in relation to these factors as outlined in FA 2244.1.

For each of these factors, a determination must be made based on the absent parent's normal relationship with the children rather than by a month by month determination. For example, if the absent parent normally pays support on a monthly basis and expects to continue in the future, the child would not be deprived on the support and maintenance requirement. This would be true even if he had missed the previous month's payment. If, however, he has had a change in circumstances (e.g., employment ended) and he does not expect to pay support for some indefinite period of time, then he would not be considered to be providing regular support and maintenance.

NOTE: A parent who is a "convicted offender" but who is permitted to live at home while serving a court imposed sentence by performing unpaid public work or unpaid community service during the workday is considered absent from the home for purposes of deprivation. Once "convicted offender" status is verified, deprivation is met and no further action to determine continued absence is required. For IV-D purposes, such parent is not considered an absent parent and no referral to the OCSE is made unless paternity has not been established. (Refer to FA 2247.6.)

The first step in determining if deprivation due to continued absence exists is to establish that the parent is physically absent from the home, i.e., does not reside in the home with the child. The physical absence of the parent may be for any reason except for the sole purpose of employment or seeking employment, or the performance of active duty in the United States Uniformed services. "Uniformed Services" is defined as the Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanographic and Atmospheric Administration and Public Health Service of the United States.

If a parent does not currently reside with the child because of employment, or seeking employment in another locality or because of active service duty but would reside with the child were it not for the employment or service duty, then such parent is not considered physically absent from the home. However, if the parent would not reside in the home regardless of the employment or service duty, then such parent is considered physically absent.

The best evidence of physical absence is to establish a separate place of residence for the parent. This should be accomplished by verifying the client's statements through contact with collaterals who are knowledgeable of the situation or by conducting a field investigation. A case should not be certified until independent corroboration of the absence is received.

If a parent is incarcerated in a penal institution, including incarceration while in uniformed service, verification of incarceration will be obtained and documented in the case record. The verification should include the date the parent entered the penal institution, the length of sentence, and the probable time the parent will have to serve before parole or expiration of sentence. This information may be obtained from Prosecuting Attorneys, criminal court records, institutional records, or the State Board of Pardons and Parole. Once verification has been obtained, no further action to determine deprivation due to continued absence is required, provided the form of incarceration prevents the parent from having daily in-person contact with the child.

A primary factor in determining whether the absence from the home is such as to interrupt the parent's functioning as a parent is whether the parent has daily in-person contact with the child.

In-person contact means that the parent and child are physically together. The length of time they are together is not a factor in determining in-person contact. Daily contact means that the contact occurs each day of the week (Sunday-Saturday). The determination of whether the contact is daily must be made based on the parent's normal pattern of visitation/contact. For example, if the parent normally has daily in-person contact with the child but is out of town on vacation for two weeks, he/she would still be considered to have daily contact since this interruption of contact is not a regular occurrence.

Support and maintenance are defined as payments, in cash or in kind, made to the household or other entities, including the OCSE, which are intended to meet, in whole or in part, the day to day expenses of the child. This may include the provision of goods (food, clothing, diapers, etc.), shelter, utilities, daily transportation, or other items. To be considered regular support, the payment must be made on at least a monthly basis.

If the absent parent has daily in-person contact with the child and provides regular support and maintenance as outlined in FA 2244.2 and 2244.3, then the worker must determine if the parent participates in the provision of physical care for the child. Although the length of time the parent and child are together is not a factor in determining daily in-person contact, it may be a factor to consider in determining whether the parent provides physical care.

Physical care includes the actual provision of physical care (e.g., feeding, bathing, dressing the child, etc.) and, as in the case of an older child, the supervision of the child in providing his/her own physical care. It may also include other types of parental supervision such as granting or denying permission for activities, etc.

Because society has traditionally defined the mother as the party responsible for providing physical care for children, it is important, when the father is the absent parent, to determine if he provides physical care when the child is in his custody or if he would be the individual looked to for physical care if the mother were absent or unable to provide the care. In addition since physical care is usually provided on an "as needed" basis, it is not expected that the absent parent actually provides some type of physical care each time he/she has contact with the child. The determination regarding physical care should be based on whether the parent does, or would provide care when it is needed.

Guidance is the providing of advice to the child in such areas as school matters, leisure or sports activities, relationships with other children or adults, etc. Guidance may also include participation in decision-making regarding the child's well-being, discipline, etc.

It is not expected that the parent actually provides this type of guidance to a very small child. However, it should be ascertained whether the parent would provide guidance if the child were older.

The decision as to whether a child is deprived of parental support or care due to his/her parent's continued absence from the home will be made in accordance with FA 2244.2.

If all of the following four factors exist, then the child is not considered deprived due to continued absence:

1. The absent parent has daily in-person contact with the child.
2. The absent parent provides regular support and maintenance.
3. The absent parent provides physical care.
4. The absent parent provides guidance.

Forms DCO-116, Client Statement Regarding Absent Parent, and DCO-117, Absent Parent Statement, will be used to obtain and document the information needed to make the continued absence decision.

The Service Representative will interview the client to obtain the DCO-116 information and record the client's responses on the form. It should be noted that the questions, as worded on the form, are primarily intended to assist the worker in obtaining the information needed to determine continued absence. It may be necessary to reword the questions and/or ask more detailed questions in order to obtain accurate and sufficient information to make a decision.

If possible, a completed DCO-117 will be obtained from the absent parent if he/she maintains contact with the family. Note that the DCO-117 should not be mailed to a putative father. However, the form should be given to the client to attempt to have completed by the putative father.

All information obtained from the client and the absent parent will be reviewed for consistency. If the client information conflicts with the absent parent information, the Service Representative will re-contact the client to resolve the conflicting information. If the client disagrees with the information provided by the absent parent, then an attempt to re-contact the absent parent should be made. If the conflicting information cannot be resolved through contacts with the client and absent parent, then collateral contacts and/or a field investigation should be made to attempt to corroborate either the client or absent parent information. Based upon the preponderance of evidence obtained, the Service Representative will make a determination as to whose statements most accurately reflect the actual situation. If no evidence can be obtained to substantiate either the client or absent parent information, then the client's statements will be accepted.

The purpose of the Child Support Enforcement Program is to promote greater financial responsibility of parents to their AFDC recipient children and to provide a support collection service to reduce dependency upon public assistance.

This purpose may be stated in the following objectives:

Arkansas State Law, Act 780 of 1983, provides for an automatic assignment of child support rights when an individual accepts AFDC assistance. Under this law, when an individual accepts AFDC assistance for or on behalf of a child or children, such individual will be deemed to have assigned to the Department of Human Services any rights to child support from any other person as such individual may have:

1. In his own behalf or in behalf of any other family member for whom he is receiving assistance; and
2. Which have accrued at the time such assistance, or any portion thereof, is accepted.

The effective date of the assignment will be viewed as the date the case is certified or the child(ren) is added. The duration of the assignment will extend until: (a) the termination of AFDC assistance with respect to current support rights; and (b) such time as past AFDC assistance has been reimbursed to the State with respect to accrued unpaid support rights.

The Service Representative will explain the automatic assignment of child support rights to each AFDC applicant. This will include reviewing with the applicant the "Assignment of Support" portion of the DCO-95. It is important that the casehead be made fully aware of his/her responsibility to pay to the Office of Child Support Enforcement any support payments received from the absent parent once the assignment becomes effective; i.e. approval of the application. It should be explained to the casehead that paying to the OCSE all support payments covered by the assignment is a part of the child support cooperation requirement. Failure to turn in support payments will result in a child support overpayment which will be subject to recovery (Refer to FA 2246.1 & 2246.2) and may result in the imposition of the non-cooperation sanction (Refer to FA 2247 & 2247.4).

A payee who receives child support payments directly from an absent parent is required to pay such payments to the OCSE as a condition of cooperation once the assignment becomes effective. If the payee fails to turn in direct child support payments, then a child support overpayment, subject to recovery, may exist, and if so, the payee must, as a condition of cooperation, repay the retained support payments in full or make monthly payments according to a repayment agreement. As long as the payee repays the overpayment in full or signs the repayment agreement and makes payments according to it, then the retained support payments will have no effect on the AFDC grant. However, if the payee does not repay in full and fails to sign the agreement or, after signing, misses two consecutive payments, then the sanction for non-cooperation will be imposed. The sanction may also be imposed if the payee continues to retain current support payments even if the overpayment is repaid in full or monthly payments according to the agreement are being made (Refer to FA 2247.4).

It will be the responsibility of either the County Office or the local OCSE which discovers that the client has retained support payments to document the child support overpayment and initiate the recovery process.

Documentation of the overpayment may include the absent parent's cancelled checks, payment receipts, etc. All documentation must show the date and amount of the payment and to whom the payment was made. The absent parent's statement of support may be accepted without documentation only if the payee corroborates the statement. If the payee reports having retained support payments, every attempt to obtain verification from the absent parent will be made. If verification cannot be obtained, then the payee's statement will be accepted.

IV-D records will be checked prior to reporting the overpayment to be certain that the payee did not turn in the support payments. Form OCSE-1641, Overpayment Referral For Recovery of Assigned Child Support, will be completed by the Service Representative or OCSE Investigator who discovered and documented the overpayment. The OCSE-1641 will be sent to the Office of Child Support Enforcement, P. O. Box 8133, Little Rock, AR 72203 Attn: Collection Unit, with a copy retained in the case record. The overpayment begins with the first documented support payment received and retained after the assignment of support became effective. However, if non-cooperation is determined to exist and the sanction is imposed, any retained support payments which are included as income in the AFDC budget during the time the sanction is in place will not be included as part of the recoverable overpayment (Refer to FA 2247.2).

For all support payments retained, including those retained in or after October, 1984, the amount of overpayment reported on the DCO-1641 for each month will be the total amount of child support received and retained by the client. The OCSE Unit will determine and credit the client with the refund amount which would have been paid by the OCSE if the support had been turned in, i.e. up to $50 of the total support paid to the family. Repayment of the remaining balance only, if any, will then be requested by the OCSE Collections Unit.

Upon receipt of the OCSE-1641, the OCSE Unit will send Form OCSE-TC, Notice of Overpayment, to the AFDC payee advising of the overpayment and that the agency intends to recover it.

The letter will specify a date by which the payee must either submit repayment in full or return the signed repayment agreement, Form OCSE-TD, with the first monthly payment. It will also advise the payee that he/she may request a meeting, by a specified date, with the person who reported the overpayment if the payee wishes to discuss it in detail or believes it to be incorrect.

If the payee requests a meeting to discuss the overpayment, an appointment will be scheduled and Form OCSE-TB will be sent to the OCSE Unit, to notify them that an appointment has been scheduled. Upon receipt of the OCSE-TB, the OCSE Unit will suspend activities on the overpayment until they are informed of the outcome of the meeting. The purpose of the meeting will be to explain the exact nature and amount of the overpayment and to allow the payee an opportunity to review the documentary evidence and to submit documentation to challenge any part of the overpayment.

After the meeting has been conducted, the remaining portions of the OCSE-TB will be completed and sent to the OCSE Collections Unit to report the outcome of the meeting. If an overpayment still exists and the payee has signed the repayment agreement, it will be sent with the OCSE-TB. The payee will be reminded that the first monthly payment is due by the date specified on the OCSE-TC, Notice of Overpayment. If the payee has not signed the agreement, he/she will be reminded that full repayment or the signed agreement with the first monthly payment must be submitted by the date specified on the OCSE-TC.

When one or both parents are not living in the home with the child, or when legal paternity has not been established, the person receiving assistance for the child will be required to cooperate with the State in accomplishing the child support enforcement objectives specified in FA 2245. An individual may be freed from this requirement, in terms of Items 1-5 below, only if good cause for refusal to cooperate is determined to exist (Refer to FA 2248). There is no good cause for refusal to cooperate in terms of Items 6-8 below.

"Cooperate" includes the following:

Unless good cause for refusal to cooperate is determined to exist, the AFDC casehead must provide information necessary to the completion of Form DCO-115, Absent Parent Information. The DCO-115 information must be completed on each parent on whom deprivation is based due to continued absence from the home. When both parents are absent from the home, the casehead must provide information on each parent. In addition to completing Form DCO-115, any other pertinent information which the Service Representative obtains regarding the absent parent(s) should be provided to the Office of Child Support Enforcement via a memorandum. Additional information obtained at a later time should also be provided to the OCSE either by updating the ACES System or by memorandum.

Form DCO-115 will also be completed on the putative father when both parents are living in the home with the child and legal paternity has not been established. (Refer to FA 2247.6)

The needs of an adult relative who refuses to cooperate will not be included in the budget or in the grant. A child may not be denied AFDC at application, reevaluation, or any other time because the casehead refuses to cooperate. The child(ren) may receive AFDC in the form of a protective payment. Such adult relative, dropped from the budget, may remain as the payee during the process of finding a protective payee. The case record must be documented that attempts to locate a protective payee are continuing.

The income of a parent who has refused to cooperate will continue to be considered in the AFDC budget for the children even though the parent's needs are not included. If the parent has earned income, all appropriate earned income deductions, exclusions and child care will be allowed. If the non-cooperation was due to failure to sign or comply with a child support repayment agreement and/or to turn in assigned child support payments, then support payments received and retained will be included as unearned income. Up to $50 of the total support paid will be deducted.

The County Office will be notified via Form OCSE-1650 when an individual fails to cooperate with the OCSE in the child support enforcement activities.

Upon receipt of Form OCSE-1650, the County Office will act upon the information according to the following procedure:

1. Form DCO-1, Notice of Action, will be sent advising the casehead that the sanction will be imposed unless evidence of cooperation with the OCSE is received by the County Office within 20 days* when:
1. The failure to cooperate involves an "act of commission" (situation in which there has been a specific refusal to act, appear, provide information, etc.); and/or
2. The act involves an "act of omission" (situation in which there has been a failure to act, appear, provide information, etc.) and the Service Representative possesses no previously reported information of an extenuating circumstances (change in address, visiting out-of-town, hospitalization, etc.) which would have precluded cooperation.

Note: Form DCO-1 must be mailed 20 days prior to the intended action to afford administrative time for the availability of a OCSE Investigator. This is the only instance in which the notice must be mailed 20 days in advance.

1. Form DCO-1 will not be sent nor will the sanction be applied when the Service Representative possesses previously reported information regarding an extenuating circumstance explaining the failure of the casehead to act, appear, provide information etc., within a specified period of time. When the sanction is not imposed nor notice given due to such circumstances of which the Service Representative was previously advised, the narrative section will be so documented.
2. If the purpose of the OCSE-1650 is to request the casehead to name another putative father because the one already referred to the OCSE has been legally determined to not be the father, then the Service Representative will contact the casehead to determine who else could be the father. (This includes situations involving blood tests.) If the casehead names another man, a DCO-115 will be completed on him. Also, the OCSE-1650 will be returned to the OCSE advising of the new putative father.
   
   If the casehead continues to state that the previously referred man is the child's father and there is no one else who could be the father, then the OCSE-1650 will be returned to the OCSE advising of this information. In either of these two situations, no sanction will be imposed.

   If the casehead indicates there is some one else who could be the father but refuses to name him or provide information for the DCO-115, then the sanction will be imposed after appropriate notice (10 days).

The County Office will be notified via Form OCSE-1650 when the local OCSE office discovers that a client has retained support payments and has indicated that he/she does not intend to turn in future payments, or after entering into a repayment agreement, continues to retain current support payments.

Upon receipt of the OCSE-1650, the Service Representative will recompute the grant applying the non-cooperation sanction and send a DCO-1 to the client, giving a 10-day advance notice of action.

The County Office will return the OCSE-1650 to the OCSE indicating the action taken on the case at the end of the advance notice period. The Service Representative may also initiate the sanction if the county office discovers that the client has retained support payments and has indicated that he/she does not intend to turn in future payments.

The County Office will be notified via form OCSE-TG when a client with a child support overpayment fails to sign the Repayment Agreement or, after signing it, misses two consecutive payments.

Upon receipt of the OCSE-TG notifying of the failure to comply, the grant will be recomputed applying the non-cooperation sanction and a DCO-1 sent giving the client a 10-day advance notice of action. The DCO-1 will advise the client as to what must be done to comply, i.e., submit the signed agreement, or make a current monthly payment, whichever is applicable.

Legal paternity will be established for a child for whom paternity has not been established. This includes a child who is deprived due to unemployment, disability or when a convicted offender is living in the home while serving a court imposed sentence.

A determination will be made at application as to whether or not legal paternity has been established. If it has not, then the Service Representative will explain the OCSE cooperation requirement to legally establish paternity and that both parents will be expected to cooperate. It will also be explained that, as long as both parents live with the child, the OCSE will establish paternity only and not attempt to obtain a child support order.

Prior to referring the putative father to the OCSE, the parents will be informed of their right to claim good cause. All policies and procedures related to a claim of good cause will apply. Refer to FA 2248.

If either parent does not comply with the OCSE requirements to legally establish paternity and good cause does not exist, the needs of the parent who is refusing to cooperate will be removed as outlined in FA 2247.2. A child will not be denied benefits due to a parent's failure to cooperate. Refusal to cooperate with the OCSE after a referral has been made will be handled as outlined in FA 2247.3.

An individual may be determined to have good cause for refusing to cooperate with the State in child support enforcement activities and thus, be freed from the cooperation requirement. Good cause may be determined to exist in certain specified circumstances under which cooperation would be against the best interests of the child. (Refer to FA 2248.1)

Each AFDC casehead subject to the cooperation requirement must be informed in writing via Form DCO-90 of his/her right to claim good cause prior to the requiring of cooperation. If the casehead wishes to make a claim, he/she will do so by completing Form DCO-105 specifying the circumstance under which good cause is believed to exist. The casehead must provide corroborative evidence to establish the existence of the good cause circumstance and if requested, to provide sufficient information to permit the County Office to conduct an investigation (Refer to FA 2248.2.1 and 2248.2.2).

Evidence and/or information must be provided within 20 days from the date the claim was made unless the County Office grants an extension (Refer to FA 2248.5).

Upon request, the County Office will advise the casehead how to obtain the necessary documents and will make a reasonable effort to obtain any specific documents which the casehead is not able to obtain without assistance.

AFDC assistance will not be denied, delayed, or discontinued pending claim determination if all other eligibility requirements have been established (Refer to FA 2248.3, Granting or Continuation of Assistance). The OCSE will not undertake activities to establish paternity or to secure support when notified that an individual has claimed good cause (Refer to FS 2248.4).

If an application for AFDC is denied due to other eligibility factors, and a claim of good cause has been made, all procedures relating to the claim may be discontinued at the time the application is denied. A narrative entry will be made to explain the discontinuance of good cause procedures.

Good cause will be determined to exist only if cooperation in establishing paternity and securing support would be against the best interests of the child due to at least one of the circumstances listed below.

1. The cooperation of the casehead in establishing paternity or securing support is reasonably anticipated to result in physical or emotional harm to the child for whom aid is sought, or to the mother or other relative with whom the child is living such that capacity to care adequately for the child is reduced.
   

Physical harm and emotional harm must be of a serious nature to justify a finding. A finding of good cause for emotional harm may only be based upon a demonstrable impairment that substantially affects the functioning of an individual.

2. The County Office believes that proceeding to establish paternity or to secure support would be detrimental to the child for whom aid is sought due to the existence of at least one of the following circumstances:

1. The child for whom support is sought was conceived as a result of incest or forcible rape;
2. Legal proceedings for the adoption of the child are pending before a court of competent jurisdiction; or
3. The parent(s) is currently being assisted by a State or licensed private social agency to resolve the issue of whether to keep the child or to relinquish him for adoption; and the discussions have not gone on for more than three months.

A claim of good cause which has been substantiated based upon the circumstance defined under Item 2(c) above will not be valid for more than 90 days from the time such determination was made.

If, after 90 days, the issue regarding the continued presence of the child(ren) in the home of the casehead has not been resolved, such casehead must submit to the County Office each month thereafter evidence and/or information showing that the issue has not been resolved and that efforts to reach a decision are continuing. If such evidence and/or information is not provided at such time, Form DCO-1 will be sent (if appropriate) notifying the casehead that such must be provided or the absent parent information for Form DCO-115 provided within ten days. A failure to provide such evidence and/or information will be viewed as a failure to cooperate and the sanction will be applied. (Please refer to FA 2247.2)

1. Evidence which corroborates the claim; or
2. An investigation conducted by the County Office when the basis of the claim is anticipated physical harm and no corroborative evidence is available; or
3. Both corroborative evidence and an investigation.

It is the responsibility of the casehead to provide corroborative evidence and, if the County Office determines that an investigation is necessary, to provide sufficient information to enable such investigation.

Good cause claims may be corroborated with the following types of evidence:

1. Birth certificates or medical or law enforcement records which indicate that the child was conceived as a result of incest or forcible rape;
2. Court documents or other records which indicate that legal proceedings for adoption are pending before a court of competent jurisdiction;
3. Court, medical, criminal, child protective services, social services, psychological or law enforcement records which indicate that the putative father or absent parent might inflict physical or emotional harm on the child or relative;
4. Medical records which indicate emotional health history and present emotional health status of the casehead or of the child for whom support would be sought; or written statements from a mental health professional indicating diagnosis or prognosis concerning the emotional health of the casehead or of the child for whom support would be sought;
5. A written statement from a public or licensed private social agency that the child's parent(s) is being assisted by the agency to resolve the issue as to whether to keep the child or to relinquish him for adoption; and
6. Sworn statements from individuals other than the casehead with knowledge of the circumstances which provide the basis for the good-cause claim. A sworn statement is a statement made and sworn to before a person authorized by law to take such a statement. Those persons who are authorized include a notary public, clerk of the court or a judge. (list not inclusive)

Anticipated physical harm may be the basis of a claim for which there is no corroborative evidence particularly in the case of battered women. When no corroborative evidence is submitted in support of past physical harm, the County Office will investigate the claim when it believes that the claim is credible without corroborative evidence, and such evidence is not available.

Good cause will be found to exist if the statement of the casehead and the investigation satisfy the County Office that good cause exists. The casehead has the burden of establishing credibility and the reason no evidence exists. The agency investigation may not verify good cause, but should establish to the County Office's satisfaction the credibility of the casehead.

A determination that good cause exists due to anticipated physical harm under this section will be reviewed and approved or disapproved by supervisory staff. The record will document the findings (Form DCO-105).

In addition to cases in which physical harm is the basis of the claim and no corroborative evidence is available, the County Office may conduct an investigation to further substantiate a claim when the corroborative evidence provided is insufficient to make a determination.

The absent parent or putative father may be contacted during an investigation if the County Office determines that such contact is necessary in order to establish the claim. The casehead must be notified 10 days in advance of such contact via Form DCO-1 and given an opportunity to:

1. Present additional evidence or information so that such contact will not be necessary;
2. Withdraw the application for assistance or have the case closed;
3. Cooperate in child support enforcement activities; or
4. Have the good cause claim denied.

The following will be considered in every case in which the good cause determination is based in whole or in part upon the anticipation of emotional harm to the child, the mother, or the caretaker relative:

1. Present emotional state of the person subject to emotional harm;
2. Emotional health history of that person;
3. Intensity and probable duration of upset;
4. Degree of cooperation to be required; and
5. The extent of the involvement of the child in the paternity establishment or support enforcement activity to be undertaken.

Assistance to an otherwise eligible adult relative who has claimed good cause may not be denied, delayed, or discontinued pending claim determination if corroborative evidence and/or requested information has been provided. Assistance to the adult relative will be granted or continued as follows:

The Office of Child Support Enforcement will not pursue enforcement activities in any case in which a good cause claim is pending or has been determined to exist. The County Office will promptly notify the OCSE via Form DCO-105A when a child for whom good cause has been claimed is certified for AFDC or is added to an active case. If a claim is made on a case previously referred to the OCSE, a DCO-105A will be sent immediately to notify the OCSE to suspend enforcement activities pending the claim determination.

The OCSE will also be notified via Form DCO-105A of the determination made by the County Office on the claim. The procedure specified in FA 2248.4.1 will be followed to afford the OCSE an opportunity to participate in the determination process.

In the process of making a final determination of good cause for refusal to cooperate, the Office of Child Support Enforcement will be given the opportunity to review and comment on the findings and the proposed basis of determination.

This requirement will be effected by the completion of Form DCO-105A, Notice of Good Cause Determination/Claim pending. If no written response is received from the OCSE within ten days from the date the form was completed (sent), the determination indicated will become final on the tenth day.

If the OCSE offers comments regarding the proposed determination, the determination will be reevaluated. The final determination must be reported to the OCSE within ten days of its response. In this instance a new Form DCO-105A will be completed noted "Final Determination."

The OCSE may participate in any hearing resulting from the appeal by the casehead of any action regarding good cause claims. Notification of such hearings will be provided to the OCSE through Central Office hearing procedures.

Once a good cause claim has been made, the County Office will follow the procedure        specified below.

1.  Advise the casehead that corroborative evidence and/or sufficient information to conduct an investigation must be provided within 20 days of the date the claim was made.

2.   If the evidence and/or information has not been provided by the 10th day from the date  the claim was made, notify the casehead via Form DCO-1 that the claim will be denied         unless the evidence and/or information is provided within the next 10 days.

3.  If the evidence and/or information has not been provided by the 20th day from the date the claim was made, take one of the following actions:

1. Deny the claim as not substantiated and notify the casehead as specified in Item 7 of this section, or
2. Grant an extension of 20 days if the casehead is attempting to obtain evidence and/or information but has been unable to do so within the first 20 days. Supervisory approval must be obtained prior to granting an extension and documented, with the reason for the extension, on Form DCO-105.

4. If an extension has been granted and the evidence and/or information has not been       provided by the 30th day from the date the claim was made, notify the casehead via      Form DCO-1 that the claim will be denied unless the evidence and/or information is      provided within the next 10 days. If it has not been provided by the 40th day, deny the       claim as not substantiated and notify the casehead as specified in Item 7 of this         section.

5. Evaluate any evidence provided and/or conduct an investigation, if appropriate, to determine if the good cause claim is substantiated (Refer to FA 2248.2). If the evidence provided is insufficient to make a determination, then one or both of the following actions will be taken:

              A.   Request additional evidence or information. The casehead will be promptly notified as to the need for additional evidence and/or information and as to the type of document etc. required. A copy of the letter to the casehead will be retained in the case record and noted on Form DCO-105.

    B.  Conduct an investigation.

6.    Upon reaching a determination on the good cause claim, complete and         route Form DCO-105A indicating "Proposed Determination." If no response is received from the CSEU within 10 days, the proposed determination becomes final (Refer to FA 2248.4.1).

7.  If the determination is that the claim is not substantiated, send Form DCO-1 notifying the casehead that the claim has been denied and that the sanction for refusal to cooperate will be imposed in 10 days unless the casehead:

1. Cooperates in child support activities, or
2. Withdraws his/her application for assistance, or
3. Requests that the case be closed.

The date Form DCO-1 was sent will be noted on Form DCO-105.

During each AFDC reevaluation, those cases in which it has been determined that good cause exists based on a circumstance subject to change shall be reviewed. If it is determined that good cause no longer exists, the original finding of good cause will be rescinded and the cooperation requirement enforced.

All records will contain at least the following information:

1. Basis of the claim;
2. Evidence
1. Type and date submitted or reason no evidence exists; and
2. Specified additional evidence requested (if appropriate);
3. Basis of findings:

2249.1 Reporting Cases to the Office of Child Support Enforcement

The County Office must report promptly to the Office of Child Support Enforcement whenever AFDC is granted with respect to a child who has been deserted or abandoned by a parent. "Promptly," under this requirement, shall mean at the time of certification, written notice will be provided. For purposes of referral to the OCSE "A child who has been deserted or abandoned by a parent" shall mean any eligible child who does not have the care and support of both parents, natural or adoptive, due to the absence of the parent(s).

In addition, the following types of cases will be reported to the OCSE:

1. Cases in which both parents are living in the home but paternity for a child has not been legally established. (The putative father will be referred for paternity establishment only.)
2. Cases in which it has been determined that the child's parent's absence does not meet the "continued absence" reason for DPS under FA 2244 but such child is deprived due to either parent's disability. (The parent not living in the home will be referred.)
3. Cases in which the casehead is receiving child support for a minor parent included in the assistance unit. (The minor parent's parent who is paying the child support will be referred.)

NOTE: Cases not referred to the Office of Child Support Enforcement include those in which (1) both parents are living in the home, paternity has been legally established, and deprivation is based on the disability or unemployment of a parent or one parent is a convicted offender serving a court imposed sentence by performing unpaid public work or unpaid community service during the workday, or (2) deprivation is based on the death (when verified) of a parent.

Do not refer the single parent in single parent adoptions.

The absent parent will be referred to the OCSE in all other cases including absence due to divorce, separation, incarceration, institutionalization, participation in a Rehabilitation Services Program away from home, military service, etc.

Unless a claim of good cause is pending or has been determined to exist, such written notice to the OCSE will be system generated from information keyed by the County Office to the Absent Parent Information (WAPU) screen from Form DCO-115 (Absent Parent Information). The County Office should obtain a copy of the court-ordered child support order or divorce decree, if available, for filing in the AFDC case record. If requested, the County Office will provide a copy of the order or decree to the OCSE.

In situations in which the casehead alleges a child's legal father is not the biological father, the OCSE referral must be made on the legal father rather than the alleged biological father. The DCO-115 will be completed on the legal father and this information keyed to WAPU. A memorandum should be sent to the OCSE explaining the situation and providing the name of the alleged biological father. If there has been a legal paternity determination establishing that the legal father is not the biological father or establishing paternity on the biological father, then a DCO-115 will be completed on the biological father and an explanatory memorandum sent to the OCSE if the legal father has already been referred.

If the casehead has refused to provide information necessary to the completion of Form DCO-115, the Service Representative will complete the DCO-115 with the best information available. After the DCO-115 has been keyed to WAPU, a memorandum (copy retained for the record) will be sent to the OCSE stating that the casehead refused to cooperate in the completion of Form DCO-115. (Please refer to FA 2247.2).

There are other situations in which it may become necessary to refer to the CSEU the parent of an eligible child including:

• A case in which good cause has been determined not to exist, and a referral to the OCSE has not already been made.

• A case in which a child of a different parent has been added to the grant; or

• Any time such referral becomes appropriate, e.g., new absent parent information, or a change of circumstances, such as a parent verified to have been deceased is not or an incapacitated parent leaves the home. Such changes will be updated by the County Office on the WAPU screen. A report of the change will then be system generated to the OCSE.

• Changes in the AFDC case such as payee or address changes will be system generated to the OCSE when the case is updated on ACES. Any change in circumstances or other information of which the OCSE should be aware and which is not keyed to ACES should be provided to the OCSE via a memorandum.
  

The narrative section should be documented as to the reason any parent, other than the casehead, was not referred to the OCSE.

Note: Prior to requiring the cooperation of the casehead in providing information necessary to the completion of Form DCO-115, such individual must be informed of the right to claim good cause in refusing to cooperate. (Please refer to FA 2248)

If a claim of good cause is pending or has been determined to exist at the time of certification, Form DCO-105A, Notice of Good Cause Determination/Claim Pending, will be sent to the OCSE appropriately completed to provide such prompt notice. (Please refer to FA 2248.4)