Current through Register Vol. 63, No. 9, September 1, 2024
(1) For the
purposes of OAR chapter 137, division 055, good cause means the Oregon Child
Support Program is exempt from providing services as defined in ORS
25.080.
Specifically excluded from this definition aregood cause for not withholding as
defined in ORS
25.396 and OAR 137-055-4060 and good cause found for not disbursing support to a child
attending school under ORS
107.108 and OAR 137-055-5110.
(2) If an
obligee believes that physical or emotional harm to the family may result if
services under ORS
25.080 are provided, the obligee may request, either verbally or in writing, that the
administrator discontinue all activity against the obligor. Upon such a request
by an obligee, the administrator will:
(a) On
an open TANF or Medicaid case, immediately suspend all activity on the case,
notify Oregon Department of Human Services (ODHS) or Oregon Health Authority
(OHA) to add good cause coding, and send a safety packet to the obligee
requesting a response be sent to ODHS; or
(b) On any other case, immediately suspend
all activity on the case, add good cause case coding pending a final
determination, and send a Client Safety Packet on Good Cause to the obligee
requesting a response within 30 days.
(3) Good cause must be determined by:
(a) The Oregon Department of Human Services,
pursuant to OAR 413-100-0830, 461-120-0350, or 461-135-1200, if TANF or Title
IV-E benefits are being provided;
(b) The Oregon Health Authority, pursuant to
OAR 461-120-0350 and 410-200-0220, if Medicaid benefits are being
provided;
(c) The Director of the
Oregon Child Support Program when the provisions of OAR 137-055-3080 apply;
or
(d) The administrator when the
provisions of subsections (a) through (c) of this section do not
apply.
(4) When the
provisions of subsection (3)(d) apply and the obligee makes a written claim
that the provision of services may result in emotional or physical harm to the
child or obligee or completes and returns the good cause form, the
administrator will:
(a) Make a finding and
determination that it is in the best interests of the child not to provide
services;
(b) Proceed with case
closure pursuant to OAR 137-055-1120; and
(c) File credit all arrears.
(5) In determining whether
providing services is in the best interest of the child under section (3)(c),
the Oregon Child Support Program Director will consider:
(a) The likelihood that provision of services
will result in physical or emotional harm to the child or obligee, taking into
consideration:
(A) Information received from
the obligee; or
(B) Records or
corroborative statements of past physical or emotional harm to the child or
obligee, if any.
(b) The
likelihood that failure to provide services will result in physical or
emotional harm to the child or obligee;
(c) The degree of cooperation needed to
complete the service;
(d) The
availability and viability of other protections, such as a finding of risk and
order for non-disclosure pursuant to OAR 137-055-1160; and
(e) The extent of involvement of the child in
the services sought.
(6)
A finding and determination by the Oregon Child Support Program Director that
good cause does not apply may be appealed as provided in ORS
183.484.
(7) A finding and determination of good cause
applies to any case which involves the same obligee and child, or any case in
which a child is no longer in the physical custody of the obligee, but there is
a support order for the child in favor of the obligee.
(8) When an application for services is
received from an obligee and TANF, Title IV-E, or Medicaid benefits are not
being provided, and there has been a previous finding and determination of good
cause, the administrator will:
(a) Notify the
obligee of the previous finding and determination of good cause and provide a
Client Safety Packet;
(b) Allow the
obligee 30 days to retract the application for services or return appropriate
documents from the Client Safety Packet; and
(c) If no objection to proceeding or good
cause form is received from the obligee, document in the Origin automated child
support system, remove the good cause designation and, if the case has been
closed, reopen the case.
(9) When an application for services is
received from a physical custodian of a child, the physical custodian is not
the obligee who originally claimed good cause and TANF, Title IV-E, or Medicaid
benefits are not being provided, and there is no previous support award, the
administrator will open a new case without good cause coding with the physical
custodian as the obligee.
(10)
(a) When an application for services is
received from a physical custodian of a child, the physical custodian is not
the obligee who originally claimed good cause and TANF, Title IV-E, or Medicaid
benefits are not being provided, and the case in which there has been a finding
and determination of good cause has a support award in favor of the obligee who
originally claimed good cause, the administrator will:
(A) Notify the obligee who originally claimed
good cause that an application has been received and provide a Client Safety
Packet; and
(B) Advise the obligee
who originally claimed good cause that the previous good cause finding and
determination will be treated as a claim of risk as provided in OAR
137-055-1160; and
(C) Allow the
obligee 30 days to provide a contact address as provided in OAR
137-055-1160.
(b) If an
objection or good cause form is received from the obligee who originally
claimed good cause, or if the location of the obligee who originally claimed
good cause is unknown, the administrator will forward the objection, form or
case to the Director of the Oregon Child Support Program for a determination of
whether to proceed;
(c) If no
objection or good cause form is received from the obligee who originally
claimed good cause, the administrator will document in the Origin automated
child support system, make a finding of risk and order for non-disclosure
pursuant to OAR 137-055-1160 for that obligee, remove the good cause
designation, and, if the case has been closed, reopen the case.
(11)
(a) If a request for services under ORS
Chapter 110 is received from another jurisdiction and TANF, Title IV-E, or
Medicaid benefits are not being provided by the State of Oregon, and there has
been a finding and determination of good cause, the administrator will:
(A) Notify the referring jurisdiction of the
finding and determination of good cause and request that the jurisdiction
consult with the obligee to determine whether good cause should still apply;
and
(B) If the location of the
obligee is known, notify the obligee that the referral has been received,
provide a Client Safety Packet and ask the obligee to contact both the
referring agency and the administrator if there is an objection to proceeding;
and
(C) Advise the obligee who
originally claimed good cause that the previous good cause finding and
determination will be treated as a claim of risk as provided in OAR
137-055-1160; and
(D) Allow the
obligee 30 days to provide a contact address as provided in OAR
137-055-1160.
(b) If an
objection or good cause form is received from the obligee, the administrator
will forward the objection, form or case to the Director of the Oregon Child
Support Program for a determination of whether to proceed.
(c) If there is no objection or good cause
form received from the obligee, or if the obligees address is unknown, and the
referring jurisdiction advises that the finding and determination of good cause
no longer applies, the administrator will document in the Origin automated
child support system, remove the good cause designation and, if the case has
been closed, reopen the case.
(12) If a referral for services under ORS
25.080 is received because TANF, Title IV-E, or Medicaid benefits are being provided,
and there has been a good cause determination, the administrator will notify
the state agency currently providing services of the previous good cause
determination. The administrator will not provide services unless the program
currently providing services determines good cause no longer applies and
requests the administrator remove the coding.
(13) Notwithstanding any other provision of
this rule, when a case has not previously had a good cause finding and
determination and TANF, Title IV-E, or Medicaid benefits are being provided,
and ODHS or OHA makes a current good cause finding and determination on a
related case, the administrator will not provide services on the case or
related cases unless and until good cause coding is removed by ODHS or
OHA.
(14) In any case in which a
good cause finding and determination has been made and subsequently removed,
past support under ORS
25.515 and OAR 137-055-3220 may not be sought for any periods prior to the
determination that good cause no longer applies.
(15) In any case in which a good cause
finding and determination has been made, and a child attending school as
defined in ORS
107.108 and OAR 137-055-5110 is a party to the case, the child attending school may
file an application for services pursuant to OAR 137-055-1060, OAR 137-055-1070 and OAR 137-055-5110.
(16) If a
participant in the Address Confidentiality Program obtains a confidential name
change, and the administrator is unable to provide services without impairing
the health or safety of a participant or a child, the administrator may close
for good cause any case for the participant.
Statutory/Other Authority: ORS
180.345
Statutes/Other Implemented: ORS
25.080
