Good cause for failure or refusal to cooperate in obtaining support or establishing paternity

1. For good cause, the requirement that an individual cooperate in obtaining support and establishing paternity may be waived if it is determined cooperation is against the best interests of the child. A human service zone may determine required cooperation is against the best interests of the child only if: a. The individual's cooperation in establishing paternity or securing child support is reasonably anticipated to result in: (1) Physical harm to the child for whom support is to be sought; (2) Emotional harm to the child for whom support is to be sought; (3) Physical harm to the parent or caretaker relative with whom the child is living which reduces that individual's capacity to care for the child adequately; (4) Emotional harm to the parent or caretaker relative with whom the child is living, of such nature or degree that it reduces that individual's capacity to care for the child adequately; (5) Interference with family reunification efforts; or (6) Disruption of child protective services objectives; or b. At least one of the following circumstances exists, and the human service zone believes because of the existence of that circumstance, in the particular case, proceeding to establish paternity or secure child support would be detrimental to the child for whom support would be sought: (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 individual, otherwise required to cooperate, is currently being assisted by a public or licensed private social agency to resolve the issue of whether to keep or relinquish the child for adoption, and the discussions have not gone on for more than three months. 2. Physical harm and emotional harm must be of a serious nature in order to justify a waiver. 3. A waiver due to emotional harm may only be based on a demonstration of an emotional impairment that substantially impairs the individual's functioning. In determining a waiver, based in whole or in part upon the anticipation of emotional harm to the child, the parent, or the caretaker relative, the human service zone shall consider: a. The present emotional state of the individual subject to emotional harm; b. The emotional health history of the individual subject to emotional harm; c. Intensity and probable duration of the emotional impairment; d. The degree of cooperation to be required; and e. The extent of involvement of the child in the paternity establishment or support activity to be undertaken. 4. In all cases in which the human service zone has determined that good cause exists based on a circumstance subject to change, a determination to grant a waiver must be reviewed, at a minimum, once every twelve months to determine if the circumstances which led to the waiver continue to exist. 5. Claims of good cause must be evaluated using the decisionmaking principles described in section 75-02-01.2-12.