Reduction of Temporary Assistance for Noncooperation in Establishing Paternity or Obtaining Child Support

PURPOSE: This rule provides for the reduction of Temporary Assistance for noncooperation in establishing paternity or obtaining child support. (1) If it is determined by the Division of Child Support Enforcement, or its designee, that an applicant for or a recipient of Temporary Assistance is not cooperating in establishing paternity or in establishing, modifying, or enforcing a support order with respect to a child, and the individual does not qualify for any good cause or other exception established by the Division of Child Support Enforcement, or its designee, pursuant to section 654(29) of Title 42, United States Code, then the Division of Family Services— (A) Shall deduct from the assistance that would otherwise be provided to the family of the individual an amount equal to not less than twenty-five percent (25%) of the amount of such assistance. (2) For purposes of the administration of section (1) of this rule, good cause for refusing to cooperate is deemed to exist in one (1) or more of the following circumstances: (A) Cooperation by the applicant may reasonably be anticipated to result in— 1. Physical or emotional harm to a child; 2. Physical or emotional harm to the claimant of sufficient severity that it will reduce the applicant’s capacity to adequately care for a child; or 3. Physical or emotional harm to the claimant as a result of domestic violence; and (B) Establishing paternity or securing support will be detrimental to a child because— 1. The child was conceived as a result of incest or rape; 2. Legal proceedings for adopting the child are pending before a court; or 3. A public or private social agency is currently assisting the applicant to resolve the issue of whether to keep the child or to relinquish the child for adoption, and the discussions have not gone on for more than three (3) months. AUTHORITY: sections 207.020 and 208.040.5, RSMo 1994.* Emergency rule filed Feb. 18, 1998, effective March 1, 1998, terminated Aug. 10, 1998. Original rule filed Jan. 16, 1998, effective Aug. 1, 1998. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993 and 208.040.5, RSMo 1949, amended 1955, 1969, 1982, 1985.