Good Cause Determinations

EAS 82-512, 82-514, CCR 50175, 50771.5, 50185

Overview

If Good Cause is claimed, grant CalWORKs or Medi-Cal pending the Good Cause determination, if the applicant is otherwise eligible. The SSPM, or the SSPM’s representative, will determine whether Good Cause exists, document this on the "Good Cause Claim and Determination Transmittal" (CW 51), and return the CW 51 to the EW within 45 days from the day the CW 51 is signed by the client. If Good Cause is determined, DCSS cannot proceed with child support enforcement until the applicant/recipient requests that enforcement be resumed. Once Good Cause is established, it continues unless the parent or caretaker relative rescinds the claim for Good Cause and cooperates with child/medical support enforcement.

The Good Cause decision must be reviewed:

• At RRR, to determine if circumstances have changed.
• Whenever there is a break-in-aid of more than one calendar month.

It is not necessary to process another claim for Good Cause if there is no change. If the situation has changed, the EW must take appropriate action. All references in this section to SSPM refer to either the SSPM or the person appointed to act on the behalf of the SSPM (the SSPM’s representative) to make the Good Cause determination.

Note: Good Cause determinations may also be made by a DFCS SW. These determinations require no additional SSPM approval. Documentation must be made in the Journal Detail page of CalSAWS, that the Good Cause determination was made by the DFCS SW.

Conditions for Good Cause

A finding of Good Cause may be made by the SSPM or DFCS SW if it is anticipated that the client's cooperation in establishing paternity or obtaining support would result in any one of the following:

• Serious physical or emotional harm to the child,
• Serious physical or emotional harm to the parent caretaker/relative such that he/she would be unable to care for the child adequately,
• An increased risk of abuse to either the parent caretaker/relative or child,
• The risk of sexual harm to the child, or
• Any other reason that would make efforts to establish paternity or child support enforcement contrary to the best interest of the child.

A finding of Good Cause may be made if the SSPM or DFCS SW feels that the child support process would be detrimental to the child because:

• The child was conceived as a result of incest or rape,
• Adoption proceedings are pending, or
• The mother is considering relinquishing the child for adoption and is currently assisted by a public or licensed private social service agency to resolve the relinquishment/adoption issues.

Considering Emotional Harm

A determination of Good Cause due to emotional harm is based upon a demonstration of an emotional impairment that substantially affects the applicant/recipient or child's functioning.

The SSPM must consider the following when determining emotional harm:

• Client's or child's present emotional state subject to emotional harm,
• Client's or child's emotional health history subject to emotional harm,
• The intensity and probable duration of the emotional impairment,
• The degree of cooperation required, and
• The extent of the child's involvement in DCSS paternity or support enforcement activities.

Suggested Interview Questions

The following questions are devised to help obtain critical information from the client so the Good Cause determination can be made:

• Has the AP ever hurt you or the child?
• Has the AP ever hurt anyone else?
• Has the AP ever threatened to hurt you or the child?
• What kinds of things have the AP said to threaten you or the child?
• Has anyone else heard the AP make these threats?
• Does the school have any records to substantiate the AP's threats to your child?
• Does the AP hang around the school?
• Have the police ever been involved in any altercation involving the AP?
• Have you ever been hospitalized as a result of an altercation with the AP?
• Do you have a restraining order against the AP?
• What do you think might happen to you or the child if we go ahead with the referral? Has the AP ever done anything like that before? What makes you think this might happen?
• Have you talked to anyone about any of these problems? For example: social worker, neighbors, friends, relatives, doctors, hospitals, church, schools, or any other agencies.

The Good Cause determination may require extensive interviewing skills. For DEBS cases, the final determination is made by the SSPM. For DFCS related cases, the final determination may be made by a DFCS SW.

Supporting Evidence

A Good Cause claim may be supported by the following evidence:

• Birth certificates, medical or law enforcement records which indicate that the child was conceived as a result of incest or rape,
• Court documents or other records which indicate that legal proceedings for adoption are pending in court,
• Court, medical, criminal, child protective services, psychological, or law enforcement records which indicate that the unmarried or absent parent might inflict physical or emotional harm on the client or child (i.e., restraining order, police report, etc.),
• Medical records which indicate emotional health history and the present emotional health of the client or child,
• Written statements from a mental health professional with a diagnosis or prognosis concerning the emotional health of the client or child,
• A written statement from a public or licensed private social service agency that the client is being assisted in resolving relinquishment for adoption issues,
• Statements under penalty of perjury from individuals, other than the client, with actual knowledge of the circumstances which provide the basis for a good cause claim, or
• A statement from the applicant/recipient under penalty of perjury, unless it can be documented that the individual is not credible.

Good Cause Procedures for DEBS Cases

The following procedure must be followed in order to initiate the Good Cause determination process:

1. The Client:
   1. Notifies EW that Good Cause is claimed by completing the CW 2.1 N&A, checking the "I claim Good Cause and refuse to cooperate at this time" box, and signing and dating the CW 2.1 N&A.
   2. Completes the CW 51 and provides all required supporting documentation, as noted above.
2. The EW:
   1. Interviews the client and secures as much information and documentation as possible about the reasons the client is claiming Good Cause. If the client does not have any supporting documentation, secures a "Release of Information" (SCD 1029), allowing the SSPM to contact any specified individuals who can verify the client's claim and/or a "Sworn Statement" (GEN 853) signed under penalty of perjury supporting the reason for a Good Cause claim.
   2. Makes the Good Cause packet consisting of the following forms:
      1. All required supporting documentation (i.e., restraining order, police report, etc.)
      2. CW 51
      3. CW 371
      4. CW 2.1 N&A
      5. SCD 1029 and/or GEN 853, if necessary.

• Attaches a memo to the packet which provides:
  • A complete description of the reasons given for the Good Cause claim, and
  • As much information about the good cause referral as possible.
• Submits the packet to their supervisor, indicating that a Good Cause determination is needed.

  • Note: If this is an intake case and all eligibility is cleared, approve the case and transfer to continuing, pending the SSPM’s decision.

• Notifies their supervisor if the case is denied or discontinued, prior to the completion of the Good Cause determination by the SSPM.

3. The EWS:
   1. Reviews the packet to ensure all the necessary documentation is included.
   2. Forwards the packet to the SSPM.
4. The SSPM:
   1. Reviews the information provided in the Good Cause packet.
   2. Determines whether or not Good Cause exists.

SSPM's Good Cause Determination

The SSPM must follow this procedure to obtain information to determine if Good Cause exists:

1. Review the specific reasons for the request.
2. Review the documentation/evidence that a problem exists (i.e., restraining orders, police reports, etc.).
3. Obtain any additional information, including a GEN 853 from the client, if necessary.

Approval of Good Cause

If the SSPM determines that Good Cause exists:

1. The SSPM:
   1. Makes a final determination as to whether Good Cause exists and completes the "Claim Determination" section of the CW 51.
   2. Returns the completed Good Cause packet to the EW.
2. The EW:
   1. Contacts the client and advises him/her of the decision.
   2. Records approval of Good Cause in CalSAWS. Refer to Job Aid: Child Support Good Cause Claim for system entries.
   3. Images the completed Good Cause packet.

Denial of Good Cause

If the SSPM determines that Good Cause does not exist, or if the client fails to complete the determination process:

1. The SSPM:
   1. Returns the Good Cause packet to the EW, noting the reason for the determination that Good Cause does not exist.
   2. If the client has failed to cooperate, make a notation to that effect on the CW 51.
2. The EW:
   1. Contacts the client and advises him/her of the decision.

      1. Note: The client still has the option to be penalized and receive a 25% reduction in the grant amount. The children’s eligibility is NOT impacted for Medi-Cal.

• Records denial of Good Cause in CalSAWS. Refer to Job Aid: Child Support Good Cause Claim for system entries.
• Images the completed Good Cause packet.
• Follows the Referral Process.

Related Topics

Child/Medical Support Overview

Parental Responsibility