HAR §17-653-18. Cooperation in obtaining support

(a) Each individual applying for or receiving financial 653-5 assistance shall be required to cooperate with the department in: (1) Identifying and locating the parent of the child for whom aid is being claimed; (2) Establishing the paternity of a child born out of wedlock for whom aid is being claimed; (3) Obtaining child, spousal, and medical support payments due the individual and the child for whom aid is being claimed; (4) Obtaining any other payments due the individual and the child for whom aid is being claimed; and (5) Identifying any third party who may be liable for services covered under the medicaid program. (b) An individual may be required to: (1) Appear in court or at the department's child support enforcement agency as may be necessary, to provide information and evidence, known to, possessed by, or obtainable by the individual that may achieve the objective of enforcing child support obligations; (2) Appear as a witness in any legal proceedings; (3) Provide information, or attest to the lack of information, possessed or reasonably obtainable by the individual under penalty of perjury; and (4) Pay directly to the department any support payments or medical care funds received that are covered by the assignment of rights. (c) The department shall deny or terminate financial assistance to the entire household of an individual who fails to comply with the requirements of subsections (a) and (b). (d) The department shall deny or terminate medical assistance to the applicant or recipient who fails to comply with the requirements of subsection (a) and (b) unless good cause exists. [Eff 3/19/93; am 8/01/94; am 9/26/97; am 7/16/99 ] (Auth: HRS §346-14) (Imp: HRS §346-37.1; 42 C.F.R. §§433.147, 433.148; 45 C.F.R. §§232.12, 234.60) 653-6 §17-653-19 Determination of good cause for refusing to cooperate. (a) The department shall determine whether good cause exists for the family's failure to comply with the requirements of section 17- 653-18: (1) With respect to establishing paternity or securing support for a child, the department shall make a determination that good cause exists only if the evidence establishes that cooperation is against the best interests of the child. (2) With respect to securing support for individuals not covered by paragraph (1), the department shall make a determination that good cause exists only if the evidence establishes that cooperation will result in reprisal against or cause physical or emotional harm to the applicant or recipient. (b) When the department determines that good cause exists, the department shall make a further determination of whether child or medical support enforcement could proceed without risk of harm to the family provided the enforcement or collection activities will not involve the family's participation. (c) The good cause determination shall be made on a case-by-case evaluation of the circumstances and evidence provided. [Eff 3/19/93] (Auth: HRS §346-14) (Imp: HRS §346-37.1; 42 C.F.R. §433.147; 45 C.F.R. §232.40) §17-653-20 Circumstances under which cooperation may be against the best interest of the child. (a) Cooperation shall be against the best interest of the child only if it is reasonably anticipated to result in physical or emotional harm to the child or to the parent or caretaker relative, and the harm reduces the parent's or caretaker relative's capacity to care for the child adequately. (b) Physical or emotional harm shall be of a serious nature that would affect the parent's or caretaker relative's ability to function if cooperation is required. 653-7 (c) A determination that good cause exists shall also be applied in cases where: (1) The child was conceived as a result of incest or forcible rape; (2) Legal proceedings for the adoption of the child are pending before a court; or (3) The individual is currently being assisted by a public or private licensed social agency to resolve the issue of whether to keep the child or relinquish the child for adoption. The discussions on whether to keep or give up the child shall not have gone on for more than three months. [Eff 3/19/93] (Auth: HRS §346-14) (Imp: HRS §346-37.1; 42 C.F.R. §433.147; 45 C.F.R. §232.42) §17-653-21 Granting or continuation of assistance. The department shall not deny, delay, or discontinue financial assistance pending the final good cause determination if the individual has complied with the requirement to provide evidence and all other eligibility requirements have been met. [Eff 3/19/93; am 8/01/94 ] (Auth: HRS §346-14) (Imp: HRS §346-14; 42 C.F.R. §433.147; 45 C.F.R. §232.46) §§17-653-22 to 17-653-25 (Reserved) SUBCHAPTER 4 GOOD CAUSE CLAIM PROCEDURES