<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 13A.14.06.04" title_num="13A" subtitle_num="14" chapter_num="06" heading="Pursuit of Child Support Obligations.">
  <paragraph num="A.">
    <text>A customer who has the care of a child eligible for child support services pursuant to COMAR 07.07.02.02B(4) shall pursue the establishment and enforcement of support obligations on behalf of the child as required by the contractor.</text>
  </paragraph>
  <paragraph num="B.">
    <text>If the customer is pursuing or receiving regular child support payments for the child, the customer shall furnish documentation verifying this action to the contractor at the time of application for child care services.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Local Child Support Enforcement (CSE) Agency.</text>
    <paragraph num="(1)">
      <text>If the customer is not pursuing or receiving regular child support payments for the child and cannot claim good cause for refusing to pursue child support pursuant to §E of this regulation, the contractor shall refer the applicant to the local CSE agency.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The local CSE agency shall provide documentation of the:</text>
      <paragraph num="(a)">
        <text>Application for CSE services to the customer; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Closing of the case by CSE to the CCS unit.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The customer shall submit documentation of CSE services for each child for whom care is requested to the contractor within 60 days of applying for child care services.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A customer who fails to comply with §C(3) of this regulation is not eligible for CCS services.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Unless excused for good cause, the customer shall cooperate with the local CSE agency in:</text>
    <paragraph num="(1)">
      <text>Identifying and locating the child's absent parent;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Establishing the child's paternity if the child is born out of wedlock; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Obtaining support payments.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Refusal to Cooperate.</text>
    <paragraph num="(1)">
      <text>Good cause circumstances are those when:</text>
      <paragraph num="(a)">
        <text>Cooperation may result in serious physical or emotional harm to the child for whom the support is sought;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Cooperation may result in serious physical or emotional harm to the customer with whom the child is living, which may reduce the capacity of the customer to care adequately for the child;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The child for whom support is sought was conceived as a result of incest or rape;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Legal proceedings for the child's adoption are pending before a court of competent jurisdiction; or</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The customer is being assisted by a public or licensed private social agency to resolve the issue of keeping or relinquishing the child for adoption, and the discussions have not extended beyond 3 months.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>When the contractor refers the customer to the local CSE agency, the contractor shall inform the customer in writing of the customer’s right to claim good cause for refusing to cooperate with the local CSE agency.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Determination of Good Cause.</text>
    <paragraph num="(1)">
      <text>The contractor is responsible for determining the existence of good cause.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The customer shall provide the contractor with:</text>
      <paragraph num="(a)">
        <text>Verified or verifiable evidence that specifies and corroborates circumstances that the customer believes is sufficient good cause for not cooperating; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Sufficient information to permit an investigation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The customer shall supply corroborative evidence within 30 days of making the claim for good cause.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The contractor shall determine good cause based on:</text>
      <paragraph num="(a)">
        <text>A review of the evidence submitted by the customer; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The findings of any investigation of the claim that the contractor chooses to make.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>The contractor may determine good cause without further investigation if the following acceptable documentation indicates that harm may result:</text>
      <paragraph num="(a)">
        <text>A birth certificate or medical or law enforcement record indicating that the child was conceived as a result of incest or rape;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A court document or other record indicating that legal proceedings for adoption are pending before a court of competent jurisdiction;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A court, medical, criminal, child protective services, psychological, social services, or law enforcement record indicating that the putative father or absent parent might inflict physical or emotional harm on the child or the customer;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A medical record indicating the emotional health history and the present emotional health status of the child or the customer;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>A written statement from a mental health professional indicating a diagnosis or prognosis of the emotional health of the child or the customer;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>A written statement from a public or licensed private social agency that the customer is being assisted by the agency to resolve the issue of keeping or relinquishing the child for adoption and the discussions have not extended beyond 3 months; or</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Sworn statements from individuals other than the customer with knowledge of the circumstances that provide the basis for a good cause claim.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>The contractor shall inform the customer in writing of the final determination.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Upon making a final determination, and if the customer is receiving services from the CSE agency, the contractor shall promptly inform the local CSE agency whether or not there is good cause for refusal to cooperate.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>The contractor shall deny CCS services to the customer if a claim of good cause cannot be substantiated as required in this section.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>The contractor may not deny, delay, or terminate child care subsidy services pending determination of good cause if the customer has met the requirements of §F(2) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Review of Determination of Good Cause.</text>
    <paragraph num="(1)">
      <text>The contractor shall review, at a minimum during redetermination of eligibility, all cases in which a finding of good cause was made based on a circumstance that is subject to change.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the contractor determines that the circumstance providing the basis for determination of good cause no longer exists, the contractor shall require the customer to pursue the establishment and enforcement of child support obligations.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>A customer transitioning off of TCA who does not have a child support order or who is not receiving child support shall cooperate with the contractor and the local CSE agency to continue, establish, or re-establish child support services.</text>
  </paragraph>
  <paragraph num="I.">
    <text>A customer who has the care of a child eligible for child support services and refuses to cooperate with the local CSE agency and the contractor on behalf of the child is ineligible for CCS services unless:</text>
    <paragraph num="(1)">
      <text>The customer claims good cause for the refusal; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Documentation supporting good cause for the refusal is under review, or is determined to exist.</text>
    </paragraph>
  </paragraph>
</regulation>