The purpose of the rule amendment is to clarify that an individual does not have to cooperate with the child support enforcement program when they are receiving or applying for public assistance and they live in a disaster area, during a disaster as ...

DEPARTMENT OF REVENUE
Division of Child Support Enforcement

RULE NO: RULE TITLE
12E-1.008: Determination of Cooperation; Determination of Noncooperation; Determination of Good Cause
PURPOSE AND EFFECT: The purpose of the rule amendment is to clarify that an individual does not have to cooperate with the child support enforcement program when they are receiving or applying for public assistance and they live in a disaster area, during a disaster as defined in Section 252.34, F.S. The effect of proposed Rule 12E-1.008, F.A.C., is to inform the public that individuals do not have to cooperate with the child support enforcement program when they are receiving or applying for public assistance and they live in a disaster area, during a disaster as defined in Section 252.34, F.S.
SUBJECT AREA TO BE ADDRESSED: The subject of this workshop is to develop improvements in the procedures that deal with cooperation requirements for applicants or recipients of public assistance.
SPECIFIC AUTHORITY: 409.2557(3)(h) FS.
LAW IMPLEMENTED: 409.2572 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: August 10, 2007; 9:00 a.m.
PLACE: 4070 Esplanade Way, Room 301, Tallahassee, FL. 32399-3150
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by contacting: Larry Green at [phone]. If you are hearing or speech impaired, please contact the Department by using the Florida Relay Service, 1(800)955-8770 (Voice) and 1(800)955-8771 (TDD). If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Phil Scruggs, Government Analyst II, Child Support Enforcement Program, Department of Revenue, P. O. Box 8030, Tallahassee, Florida 32314-8030, telephone [phone], e-mail address [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

12E-1.008 Determination of Cooperation; Determination of Noncooperation; Determination of Good Cause.

(1) Definitions and Federal and State Law.

(a) Definitions. As used in this section:

1. “Applicant or recipient” means an individual who has applied for or receives public assistance.

2. “Cooperation” means an applicant or recipient taking the actions identified in the good faith cooperation provisions of Section 409.2572, Florida Statutes, F.S., as requested by the child support enforcement program or legal service provider staff, to assist in identifying and locating the noncustodial parent, establishing paternity, establishing, modifying, and enforcing medical and financial support, and collecting support or other payments or property due from the noncustodial parent.

3. “Department” means the Department of Revenue.

4. “Good cause” means a legally and factually sufficient reason to excuse the applicant or recipient from cooperation requirements as determined by the department, after evaluating the applicant or recipient’s written good cause claim, and other evidence available to the department, in accordance with subsection (5) of this rule.

5. “Public assistance” means food stamps received on behalf of a child under 18 years of age who has an absent parent, money assistance paid on the basis of foster care or medicaid programs operating under Title IV-E and Title XIX of the Social Security Act, respectively, or temporary cash assistance.

(b) Federal and state laws. Cooperation provisions are located in 42 United States Code U.S.C. 608(a), 42 United States Code U.S.C. 654(29), 45 Code of Federal Regulations CFR 264.30 and Sections 409.2572, 414.095(6) and 414.32(1)(a), Florida Statutes. F.S. Members of the public may obtain copies of the federal laws from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 or by accessing http://uscode.house.gov/usc.htm to obtain the above United States Code U.S.C. or http://www.access.gpo.gov/nara/cfr/ to obtain the above Code of Federal Regulations CFR on the Internet.

(2) Cooperation Requirements for Applicants or Recipients of Public Assistance. As a condition of eligibility for public assistance, an applicant or a recipient must cooperate in good faith with the child support enforcement program. An adult who applies for or receives Medicaid services for a child only is not required to cooperate as provided by this rule. The requirement for an applicant or a recipient to cooperate with the child support enforcement program will be excused only when good cause for refusing to do so is determined in accordance with subsection (5) of this rule or during the time of a disaster, as defined in Section 252.34, Florida Statutes, for applicants and recipients who reside in the disaster area.

(a) Cooperation Requirement for Applicants for Public Assistance.

1. If an applicant for public assistance provides to the department, either directly or via the Department of Children and Family Services, the following information concerning the noncustodial parent for each eligible child, the applicant shall be determined to have cooperated for purposes of eligibility for public assistance:

a. Name (first and last).

b. Gender.

c. Race.

d. Date of birth or social security number.

2. If an applicant fails to provide the four items listed in subparagraph 1. above, the applicant must be interviewed by the department prior to authorization of public assistance benefits. At this interview the applicant will have the opportunity to cooperate with the department by providing information concerning the noncustodial parent for each eligible child that will help the department to identify and locate the noncustodial parent, establish paternity, establish, modify, and enforce medical and financial support, and collect support and other payments or property due from the noncustodial parent or claim good cause as provided by subsection (5). An applicant who alleges a lack of information regarding the location or identity of the putative or other parent(s), pursuant to paragraph (b), subparagraph 2., below, has demonstrated cooperation with the department.

3. An applicant shall not be eligible for public assistance benefits when the applicant fails to cooperate with the department in accordance with subparagraphs 1. and 2. above. The department shall notify the Department of Children and Family Services of the applicant’s failure to cooperate, in accordance with subsection (6).

4. Once the applicant complies with subsection (2), paragraph (a), subparagraph 1. or 2., and is determined eligible to receive public assistance, the recipient shall be required to further cooperate with the department in accordance with subsection (2), paragraph (b), of this rule and the good faith cooperation provisions of Section 409.2572, Florida Statutes. F.S.

(b) Continuous Cooperation Requirement.

1. A recipient of public assistance must continue to make a good faith effort to cooperate with the department in accordance with Section 409.2572, Florida Statutes, F.S., to assist the department in its efforts to identify and locate the noncustodial parent, establish paternity, establish, modify, and enforce medical and financial support, and collect support or other payments or property due from the noncustodial parent.

2. With respect to identifying and locating the noncustodial parent, the recipient must provide the following information regarding the noncustodial parent, when requested and if available:

a. Social Security Number.

b. Race.

c. Date of birth.

d. Current or former employer.

e. Place of birth.

f. Current or former address and phone number of the noncustodial parent.

g. Schools attended and dates when attended.

h. Driver license number and state where issued.

i. Make, model and license number of vehicles owned by the noncustodial parent and state where vehicle is or was registered.

j. Arrest or incarceration history.

k. Banks or other financial institutions where the noncustodial parent conducts business.

l. Places of social contact. This includes names, addresses or telephone numbers of parents, friends or relatives.

m. First and last names of the noncustodial parent’s parents.

n. Other information, based upon individual case circumstances, that will assist the department in determining the noncustodial parent’s identity and location.

3. A recipient who alleges a lack of information regarding the location or identity of the putative or other parent(s), pursuant to subsection (2), paragraph (b), subparagraph 2., above, has demonstrated cooperation with the department.

(3) Determination of Noncooperation. If the recipient of public assistance fails to cooperate with the department in accordance with Section 409.2572, Florida Statutes, F.S., and subsection (2), above, then the department shall determine the recipient noncooperative and take the following action.

(a) The department shall send notice of the recipient’s noncooperation to the recipient at the last known address provided to the department.

(b) Failure of the recipient to take one of the following three actions within 10 business days from the mail date on the notice shall result in a determination of noncooperation and notification to the Department of Children and Family Services in accordance with subsection (6) of this rule:

1. Contact the department and make arrangements to cooperate. Noncooperation shall not be reported by the department if the recipient takes the requested action by the scheduled compliance date.

2. Respond within 10 days and claim to have a good cause reason to not cooperate. The recipient shall not be reported as uncooperative unless the good cause claim is denied by the department pursuant to subsection (5). Food stamp only recipients must request a good cause determination from the Department of Children and Family Services.

3. Request the department to conduct an informal review pursuant to subsection (4).

(4) Request for Review.

(a) The recipient may request a review of a pending determination of noncooperation. The department shall provide the recipient with the necessary documentation to request a review. The recipient must return the completed request to the department within 10 business days from the date the department mails the documentation to the recipient. If the recipient telephones the department and requests a review, the department shall mail the necessary documentation to the recipient within five business days of the telephone call. Failure of the recipient to return the request within the designated time shall result in the department notifying the Department of Children and Family Services that the recipient has failed to cooperate.

(b) Reviews of pending determinations of noncooperation requested pursuant to subsection (3), paragraph (b), subparagraph 3., shall be finalized within 20 business days of receipt of a completed request for review. Incomplete requests provided to the department shall be returned to the recipient, with an explanation of the additional information required. The recipient will have five additional business days to return the completed request for review. When a request for review is not returned within the five additional business days, the recipient shall be determined noncooperative and the department will notify the Department of Children and Family Services. The department shall take the following actions when a completed request for review is received by the department.

1. Schedule a date to conduct the review.

2. Provide notice of the date, time and place of the review to the recipient, or their representative. Recipients shall be informed of their rights to have a representative present at the review, to provide information, to review the case file and to discuss the case.

3. Conduct the review. Reviews shall consist of an examination of the department’s case file, interview with department staff and an evaluation of the recipient’s statements. The record shall be reviewed to determine whether:

a. The recipient has cooperated with the department in good faith;

b. The department has complied with established time frames and notices; and

c. The facts of the case support a determination of noncooperation.

4. Notify the recipient in writing of the department’s findings.

(5) Determination of Good Cause. The department is authorized in accordance with 42 United States Code U.S.C. 654(29), and Section 409.2572(4), Florida Statutes, F.S., to determine a recipient’s claim of good cause for failure to cooperate with the department, except when the recipient is receiving only food stamps. Food stamp only recipients must seek a good cause determination from the Department of Children and Family Services. An approved good cause claim excuses the recipient from the requirement to cooperate with the department on the specific case against a specific noncustodial parent for which good cause is approved.

(a) The department shall provide the recipient with written notice of their right to make a claim for good cause, the basis for submitting a claim, and how to submit a claim.

(b) The recipient shall return documentation to the department to support the claim of good cause within 20 business days from the date the written notice is mailed by the department. If the recipient is unable to provide all the needed documentation within 20 business days, additional time can be requested by the recipient. The department shall approve requests for additional time when the recipient demonstrates that documentation exists but is not readily available and that the recipient is making a good faith effort to obtain the information.

(c) Good cause shall be determined when the recipient provides sufficient documentation, based upon the unique circumstances of the good cause claim, to justify the existence of one or more of the following circumstances.

1. A reasonable certainty that physical or emotional harm would come to the child or recipient, if they cooperated with the department.

2. The child was born as a result of rape or incest.

3. Legal proceedings for the adoption of the child are pending before a court.

4. The parent or caretaker relative is being assisted by a public or licensed private social agency to determine whether to place the child for adoption.

(d) Good cause claims which have been determined by the department are categorized as approved indefinitely, approved time-limited, or denied, based upon the unique factors of each claim and the documentation provided by the recipient. The department shall suspend child support enforcement case activities from the time a good cause claim is submitted until its final determination.

1. A claim is approved indefinitely when documentation is submitted to substantiate the claim and the circumstances of the claim will most likely continue.

2. A claim is approved time-limited when documentation is submitted to substantiate the claim and the circumstances of the claim are likely to change within a determinable period.

3. A claim is denied when documentation is insufficient to substantiate the claim.

(e) The department shall notify the recipient of the decision.

(f) A recipient whose claim has been denied pursuant to paragraph (d), subparagraph 3., above, must cooperate with the department in accordance with Section 409.2572, Florida Statutes, F.S., and subsection (2), above. If the recipient fails to cooperate, the process of determining noncooperation shall commence.

(6) Notification to the Department of Children and Family Services.

(a) In accordance with Section 409.2572(3), Florida Statutes, F.S., the department is responsible for determining and reporting to the Department of Children and Family Services, acts of noncooperation by applicants and recipients of public assistance.

(b) The Department of Children and Family Services is the agency responsible for imposing and removing sanctions, including providing the applicant or recipient with notice of the sanction and information about hearing requirements, including the applicant or recipient’s right to request a hearing with the Department of Children and Family Services, Office of Appeal Hearings.

(c) The department shall notify the Department of Children and Family Services when the applicant or recipient cooperates with the department in accordance with Section 409.2572, Florida Statutes, F.S., or when the department determines that an applicant or recipient has failed to cooperate, or when the department determines that good cause exists for the applicant or recipient’s noncooperation.

(d) The department shall notify the Department of Children and Family Services and the applicant or recipient within two business days of either:

1. The department’s determination that the applicant or recipient is cooperating in good faith;

2. Upon the department’s determination that cooperation by the applicant or recipient is not needed to take the next appropriate case action; or

3. The department’s determination that good cause exists for the applicant or recipient’s noncooperation.

Specific Authority 409.2557(3)(h) FS. Law Implemented 409.2572 FS. History–New 4-1-86, Amended 4-6-88, 7-20-94, Formerly 10C-25.006, Amended 3-6-02,_________.