Cooperation with the child support program

(a) Definitions (1) The definitions of "BCSE", "cooperating agency", "department", and "IV-D agency" in section 17b-179(a)-1 of the Regulations of Connecticut State Agencies shall apply to this section. (2) As used in this section: (A) "Child" means one for whom TFA, Medicaid, SAGA or child care assistance has been applied or received; (B) "Child care assistance" means a subsidy for child care expenses authorized under the child care assistance program in accordance with sections 17b-749-01 to 17b-749-23, inclusive, of the Regulations of Connecticut State Agencies; (C) "Client" means an applicant or recipient of TFA, Medicaid, SAGA or child care assistance; (D) "Medicaid" means the medical assistance program funded under Title XIX of the Social Security Act; (E) "SAGA" means the State Administered General Assistance program established under section 17b-111 of the Connecticut General Statutes; and (F) "TFA" means the Temporary Family Assistance program for cash assistance to families funded under the Temporary Assistance to Needy Families block grant. (b) Cooperation requirements (1) In general Except as provided in subsection (c) of this section, each client shall be required to cooperate in good faith with the department in the following efforts on behalf of each child for whom assistance is applied or received: (A) locating the child's noncustodial parent; (B) establishing the child's legal paternity; (C) establishing, modifying, or enforcing a monetary support order; and (D) establishing, modifying, or enforcing a medical support order. Cooperation for the purposes of this section shall include the activities described in subdivisions (2) through (5) of this subsection. (2) Providing information The activity required under this subdivision is providing the department with information with respect to the noncustodial parent of each child. The purpose of gathering this information is to enable the department to confirm the identity of the noncustodial parent and to locate such parent for service of process. The minimum information required is described in the following subparagraphs. (A) Name The first or given name and the last or surname of the noncustodial parent shall be required. (B) Social security number The information required under this subparagraph is the social security number of the noncustodial parent, if available. If unavailable, the client shall provide either the information required under subparagraph (C) or the information required under two of the subparagraphs (D) to (I), inclusive of this subdivision. (C) Current or former employer The information required under this subparagraph is the name and location of a current or former employer of the noncustodial parent. Such information shall be provided with sufficient specificity to enable the department to contact the employer by mail or telephone. (D) Date and place of birth The information required under this subparagraph is the exact date and the town and state or foreign country of the birth of the noncustodial parent. If such information is not provided, an approximate age and all of the information listed in one of the following items (i)-(iii) may be substituted. (i) mother's and father's full names and, if still living, their address(es), (ii) make, model, and approximate year of any motor vehicle owned, or (iii) license plate number of any motor vehicle owned. (E) Schools attended The information required under this subparagraph is the name, the town, and the state of any secondary or postsecondary educational institution attended by the noncustodial parent and the year or years of attendance. (F) Trade or profession The information required under this subparagraph is all of the information specified in at least one of the following items (i)-(ii): (i) the name and location or telephone number of any union or trade association of which the noncustodial parent is currently or was within the last five years a member, or (ii) the name of any licensed profession or occupation in which the noncustodial parent is currently or was within the last five years engaged, and the jurisdiction in which the noncustodial parent is currently or was within the last five years licensed. (G) Arrest or incarceration The information required under this subparagraph is all of the information specified in at least one of the following items (i)-(ii): (i) the approximate date and the town and state of any arrest of the noncustodial parent within the last five years, or (ii) the approximate dates and the name and state of the correctional institution in which the noncustodial parent was incarcerated within the last five years. (H) Military service The information required under this subparagraph is the branch and the approximate dates of any military service of the noncustodial parent. (I) Other information The information required under this subparagraph is any other information which can be verified by the department and could reasonably be expected to lead to the determination of the parent's social security number. (3) Assisting in court actions and other proceedings The client shall assist in court actions and other proceedings as necessary to establish the paternity of, or to establish, modify, or enforce a medical or monetary support order for, any child receiving assistance by participating in the following activities: (A) appearing as a witness in court, before a family support magistrate, or at a fair hearing; (B) assisting an attorney representing the interests of the IV-D agency in the preparation or conduct of a court action; (C) appearing at interviews as requested by a representative of the department or a cooperating agency; and (D) providing the department or a cooperating agency with information or documentation in addition to that specifically identified in subdivision (2) of this subsection to the extent it is known to, possessed by, or reasonably obtainable by such client. (4) Submitting to genetic tests The client shall submit to genetic tests and shall submit the child to genetic tests pursuant to an order of a court or family support magistrate or as required by the IV-D agency pursuant to subsection (a) of section 46b-168a of the Connecticut General Statutes and section 46b-168a-1 of the regulations of Connecticut State Agencies. (5) Turning over support payments A recipient of TFA only, not medicaid, SAGA, or child care assistance, shall turn over to the department any support payments received directly from the noncustodial parent for a child receiving such assistance. Any such payment that is not turned over shall result in an overpayment. (c) Exemptions from cooperation requirements (1) Domestic violence A client who is a past or present victim of domestic violence, as defined in section 17b-112a of the Connecticut General Statutes, or who is at risk of further domestic violence shall be exempt from all cooperation requirements of subsection (b) of this section provided the department determines that fulfilling such requirements would result in the inability or increased difficulty of such client to escape or prevent such domestic violence. (2) Deceitful noncustodial parent A client shall be exempt from providing information under subdivision (2) of subsection (b) of this section to the extent such client provides evidence and the department determines that the noncustodial parent was deceitful concerning such information and the required information is unavailable to the client. (3) Mental impairment A client shall be exempt from providing information under subdivision (2) of subsection (b) of this section if the department determines that such client suffers from a permanent or temporary mental illness or disability which impairs memory or otherwise impedes the client's ability to obtain such information. (4) Other good faith reason A client shall be exempt from providing information under subdivision (2) of subsection (b) of this section if the department determines that such client has any other good faith reason for not being able to provide such information. (5) Exceptional circumstances A client shall be excused from discrete acts such as but not limited to the keeping of scheduled appointments as required under subdivisions (3) and (4) of subsection (b) of this section, but shall not be exempt from otherwise cooperating under such subdivisions, if such client demonstrates and the department determines that a good faith effort was made to cooperate and that circumstances beyond the client's control prevented cooperation. (6) Documentation A client who is claiming an exemption under subdivisions (1) through (4), inclusive of this subsection shall be required to submit a sworn statement describing the circumstances justifying the claimed exemption. The department shall inform such client of the following potential penalties prior to requesting such statement: (A) penalties for false statement under sections 53a-157b and 17b-97 of the Connecticut General Statutes, (B) penalties for larceny under sections 53a-122 and 53a-123 of the Connecticut General Statutes, and (C) penalties for perjury under federal law. (d) Cooperation determination by the department (1) General rule BCSE shall make all cooperation determinations pursuant to this section, except as provided in subdivision (2) of this subsection. (2) Exceptions (A) Minimum information obtained BCSE shall not be required to make a determination of cooperation where the minimum information required under subdivision (2) of subsection (b) of this section is provided by the client at application or redetermination. (B) Domestic violence claimed Exemption determinations on the basis of a claim of domestic violence pursuant to subdivision (1) of subsection (c) of this section shall be made by departmental staff who are not assigned to BCSE.