7 AAC 45.245. Child support cooperation

(a) The caretaker relative must cooperate with the child support services agency of the Department of Revenue in

(1) identifying and locating the absent parent of each child for whom the applicant desires ATAP benefits, and of each child who is included in the ATAP assistance unit;

(2) establishing the paternity of each child, if the birth of the child occurred while the mother was not married; and

(3) obtaining from the absent parent any other payments or property due each child and its caretaker relative.

(b) A caretaker relative is considered to have failed to cooperate under this section if

(1) the department or the child support services agency has asked the caretaker relative to cooperate, and the caretaker relative fails to do so; or

(2) the caretaker relative fails to turn over to the child support services agency a child support payment the caretaker relative has received directly for a child eligible for ATAP benefits.

(c) If a caretaker relative fails to cooperate as required by this section, the department will reduce the amount of ATAP assistance by imposing the penalty required by AS 47.27.085 (a) and 7 AAC 45.980.

(d) The caretaker relative shall complete an absent-parent information form unless the caretaker relative is a parent of the child for whom ATAP benefits are sought or received and

(1) the other parent is in the home;

(2) the other parent is deceased; or

(3) there is no other parent because the caretaker relative alone legally adopted the child.

(e) At the time of initial application, the department will provide the caretaker relative with

(1) information about child support enforcement;

(2) an absent-parent information form to be signed by the caretaker relative, unless exempt under (d) of this section;

(3) a written notice that the caretaker relative has a right to refuse to cooperate on the basis of good cause; and

(4) a statement-of-cooperation form to be completed by the caretaker relative who chooses not to provide the information requested on the information form and wishes to claim good cause.

(f) If the caretaker relative completes and signs the absent-parent information form, the department will consider the caretaker relative to be cooperating until such time as the child support services agency notifies the department otherwise. If the caretaker relative refuses to complete the absent-parent information form, but elects to mark the box indicating the intention to claim good cause, the department will provide to the caretaker relative a form upon which to claim good cause. If the caretaker relative refuses to complete the information form and refuses to claim good cause, the department will proceed with determining an assistance unit's eligibility. If the assistance unit is eligible for ATAP benefits, the department will apply the provisions in (c) of this section, make payments to a protective payee in accordance with 7 AAC 45.590, and notify the caretaker relative why the department is taking this action.

(g) If the department is notified by the child support services agency that the caretaker relative has failed to cooperate, the department will apply (c) of this section and mail a notice of non-cooperation to the caretaker relative. The notice will advise the caretaker relative that the child support services agency has notified the department that the caretaker relative has failed to cooperate and will state that, within 10 days after the department mails the notice, the caretaker relative must

(1) cooperate; or

(2) claim good cause for failure to cooperate, and provide evidence supporting the claim.

(h) Repealed 10/1/97.

(i) If, within 10 days after a notice is issued under (g) of this section, the caretaker relative cooperates with the child support services agency, the department will remove the penalty imposed under (c) of this section.

(j) If the caretaker relative responds to the notice issued under (g) of this section within 10 days by claiming good cause, and providing evidence to support the claim, the department will

(1) in accordance with 7 AAC 45.250, determine from the evidence submitted whether good cause exists; and

(2) upon a finding of good cause, excuse the caretaker relative from cooperation with the child support services agency and remove the penalty imposed under (c) of this section.

(k) If the department determines under (j) of this section that good cause does not exist and that the caretaker relative is failing to cooperate with the child support services agency, the department will continue to impose the penalty for non-cooperation under (c) of this section and will notify the caretaker relative of this decision.

( l ) If a caretaker relative who is penalized under (k) of this section subsequently cooperates with the child support services agency and is otherwise eligible under this chapter, the department will begin paying the family the full amount of the cash assistance for which the family is eligible as required by AS 47.27.085 (a) and 7 AAC 45.980. The department will pay the benefits directly to the caretaker relative if the caretaker relative is otherwise eligible to be the payee under this chapter.

(m) Repealed 8/6/92.

(n) If all reasonable efforts to select an appropriate protective payee under 7 AAC 45.590 fail, the department will apply the provisions in (c) of this section, and will pay the recalculated payment to the caretaker relative.

( o ) In this section, "cooperate" means

(1) entering a response to each question on the absent-parent information form and signing the form;

(2) appearing at a child support services agency office and providing whatever evidence and documents that the caretaker relative has available;

(3) providing information to the child support services agency or attesting to the lack of information under penalty of perjury; and

(4) paying to the child support services agency any child support payments received from the absent parent after the date the caretaker relative first receives ATAP benefits.

History: Eff. 8/5/92, Register 123; am 8/6/92, Register 123; am 10/1/93, Register 127; am 7/1/97, Register 142; am 10/1/97, Register 143; am 1/7/2005, Register 173

Authority: AS 47.05.010

Editor's note: As of Register 171 (October 2004), and acting under AS 44.62.125 (b)(6) and sec. 12, ch. 107, SLA 2004, the regulations attorney made technical changes to reflect the name change of the child support enforcement agency to the child support services agency made by sec. 1, ch. 107, SLA 2004.

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