Current through August 30, 2024
(a) In
accordance with
7 AAC 100.042(b) (7), the department
will find that good cause for refusal to cooperate with the child support
services agency exists if
(1) cooperation
would increase the risk of physical harm to the child, custodial parent, or
caretaker relative;
(2) cooperation
would increase the risk of emotional harm to the child, custodial parent, or
caretaker relative that would reduce the custodial parent's or caretaker
relative's ability to care for the child adequately; or
(3) proceedings to establish paternity or to
secure medical support would be detrimental to the child because
(A) the child was conceived as a result of
incest or as a result of an action that would constitute the crime of sexual
assault in the first degree, as defined in
AS
11.41.410;
(B) legal proceedings for adoption of the
child are pending before a court; or
(C) the custodial parent or caretaker
relative is currently being assisted by a public or licensed private social
service agency to resolve the issue of whether to keep the child or to
relinquish the child for adoption.
(b) The department will, without further
investigation, accept the following documentary evidence as satisfactory proof
of good cause not to cooperate with the child support services agency:
(1) a birth certificate, medical report, or
law enforcement record that shows that the child was conceived as a result of
incest or as a result of an action that would constitute the crime of sexual
assault in the first degree as defined in
AS
11.41.410;
(2) court records or other written records
that show that proceedings to adopt the child are now pending before a
court;
(3) a written statement or
other document from a public or licensed private social service agency showing
that the custodial parent or caretaker relative is being aided in determining
whether to relinquish the child for adoption and that the aid has been provided
for 90 days or less;
(4) a written
statement provided by a health care professional, a representative of a child
protection or social services agency, a domestic violence counselor, or a
representative of the court or a law enforcement agency that indicates to the
department that the individual believed to be the noncustodial parent, or the
parent of a child born while the mother was not married, might inflict physical
harm upon the custodial parent, caretaker relative, or child;
(5) a written statement or other evidence
provided by a mental health professional that
(A) describes the current and anticipated
emotional health of the custodial parent, caretaker relative, or child;
and
(B) indicates to the department
that cooperation with the child support services agency would have and adverse
effect on the emotional health of the custodial parent, caretaker relative, or
child, and that the adverse effect would not be in the best interests of the
child, or would reduce the custodial parent's or caretaker relative's ability
to care for the child adequately;
(6) statements from individuals other than
the custodial parent or caretaker relative that support a claim of good cause
under this section.
(c)
If the custodial parent or caretaker relative indicates that no evidence is
available to support a claim under (b)(4) of this section, the department will
evaluate the claim and, if the claim is credible, may find that good cause
exists without corroborating evidence under (b)(4) of this section.
(d) The department will, upon the custodial
parent's or caretaker relative's request, assist the custodial parent or
caretaker relative in obtaining the needed information to support a claim under
(b)(4) of this section.
(e) In
determining whether good cause for refusing to cooperate exists because of
potential emotional harm to the child, custodial parent, or caretaker relative
under (a)(2) of this section, the department will consider
(1) the current emotional health of the
individual subject to potential emotional harm;
(2) the history of that individual's
emotional health;
(3) the probable
intensity and duration of the potential emotional harm;
(4) the amount of cooperation needed from the
custodial parent or caretaker relative; and
(5) the amount of involvement of the child
needed to establish paternity or enforce medical support obligations.
(f) The department will decide
each claim of good cause and will notify the custodial parent or caretaker
relative of the department's decision in writing no later than 30 days after
the child support services agency receives a signed claim of good cause form
from the custodial parent or caretaker relative. While a claim of good cause is
pending, the custodial parent or caretaker relative is not required to show
cooperation with the child support services agency.
(g) The department will report to the child
support services agency each decision made concerning a claim of good cause.
The child support services agency may request reconsideration of that
decision.
Authority:AS
47.05.010
AS 47.07.025
AS
47.05.040
