Policy History for 3.3.4 MSL Cooperation

Release 06-03

Unless the person is exempt or there is good cause for refusing to cooperate, each client must, as a condition of eligibility, cooperate in:

 

  1. Establishing the paternity of any child born out of wedlock for whom MA is requested or received, and
     

  2. Obtaining medical support for the client and for any child for whom MA is requested or received.

 

Cooperation includes any relevant and necessary action to achieve the above.

As a part of cooperation, the client may be required to:

 

  1. Provide verbal or written information known to, possessed by, or reasonably obtainable by the client.
     

  1. Appear as a witness at judicial or other hearings or proceedings.
     

  2. Provide information, or attest to the lack of information, under penalty of perjury.
     

  3. Pay to the clerk of court or the CSA any court ordered medical support payments received directly from the absent parent after support has been assigned.
     

  4. Attend office appointments as well as hearings and scheduled genetic tests.

 

 

3.3.4.1 Polygraph

 

Do not require participation in a polygraph examination.
 

A client may voluntarily participate in a polygraph examination.  The results, however, may only be used to challenge or uphold other evidence.  They may not be used as conclusive evidence against the client.

 

 

3.3.4.2 Failure to Cooperate

 

Sanction clients, applying for either Family MA or EBD MA, who refuse to cooperate, unless there is good cause (3.3.5). Do not sanction the following if s/he does not meet the MSL cooperation requirement:

 

  1. Pregnant women.

  2. Minors.

  3. Dependent 18-year-olds (3.5.1.3).

 

The CSA determines if there is non-cooperation.  The ESA determines if good cause exists.  If there is a dispute, the CSA makes the final determination of cooperation.  S/he remains ineligible until s/he cooperates, establishes good cause, or cooperation is no longer required. This applies also to persons in a MA extension (5.6.3).

Note: If the local CS agency determines that a parent is not cooperating because court ordered lying in expenses are not paid, ES should not sanction that parent.

 

Example:  Mary, a disabled parent, is applying for MA for her and her son, Michael.  She refuses to cooperate in obtaining medical support for Michael.  Mary meets all other non-financial and financial criteria for Family MA and EBD MA.

 

Mary is not eligible for EBD MA or Family MA, because she will not cooperate in obtaining medical support for Michael. Even though Mary has not cooperated in obtaining medical support for Michael, he remains eligible for MA.

 

For a pregnant woman, failure to cooperate cannot be determined prior to the end of the month in which the 60th day after the termination of pregnancy occurs.

 

This page last updated in Release Number : 05-07

Release Date: 12/28/05

Effective Date: 12/28/05