§ 4–217.08. Condition of eligibility — Cooperation in identifying and locating parents, establishing paternity, obtaining support payments, and other payments.

(a) As a condition of eligibility for assistance under programs specified in § 4-217.07, unless good cause for refusing to cooperate is determined to exist pursuant to § 4-217.09, each applicant for, or recipient of, assistance shall be required to cooperate in good faith with the District of Columbia in:

(1) Identifying and locating the absent parent of a child with respect to whom an applicant or recipient requests or obtains assistance;

(2) Establishing the paternity of a child born out of wedlock with respect to whom an applicant or recipient requests or obtains assistance;

(3) Establishing a support order for a child with respect to whom an applicant or recipient requests or obtains assistance;

(4) Modifying any support order for a child with respect to whom an applicant or recipient requests or obtains assistance;

(5) Enforcing any support order for a child with respect to whom an applicant or recipient requests or obtains assistance; and

(6) Obtaining any other payment or property due the applicant, recipient, or child with respect to whom an applicant or recipient requests or obtains assistance.

(b) Before requiring cooperation under this section, the Mayor shall notify the applicant or recipient in writing of the right to be excepted from the requirement upon a showing of good cause. The notice shall include each requirement applicable to a good cause determination, and facts concerning the benefits, risks, and consequences of cooperation and pursuing child support.

(c) If the Mayor determines an applicant or recipient has failed to cooperate as required by subsection (a) of this section, without good cause, the IV-D agency shall promptly notify the applicant or recipient. The IV-D agency shall provide the basis for its determination of noncooperation in writing as part of the notice to the applicant or recipient.

(d) Any applicant or recipient aggrieved by the action or inaction of the Mayor regarding the determination of cooperation, noncooperation, or good cause for refusal to cooperate shall be entitled to a hearing. Hearing rights shall be provided in accordance with subchapter X of this chapter.

(e) Each District of Columbia government agency involved in the administration of public assistance or the enforcement of child support obligations under title IV-D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.) shall make reasonable efforts to ensure that the applicant’s, recipient’s, or child’s whereabouts are kept confidential and take other reasonable measures, within the agency’s scope of authority, that are necessary to protect the applicant or recipient and the child from harm in any case in which:

(1) A claim of good cause for noncooperation is pending;

(2) A claim of good cause for noncooperation has been granted;

(3) A civil protection order or temporary protection order has been entered with respect to the applicant, recipient, or the child with respect to whom assistance is claimed; or

(4) The Mayor has reason to believe that the release of the information may result in harm to the applicant or recipient or the child.

(Apr. 6, 1982, D.C. Law 4-101, § 1708, 29 DCR 1060; Apr. 20, 1999, D.C. Law 12-241, § 2(yyy), 46 DCR 905.)

Prior Codifications

1981 Ed., § 3-217.8.

Section References

This section is referenced in § 4-217.09, § 4-217.10, and § 4-217.11.

Emergency Legislation

For temporary amendment of section, see § 2(u) of the Public Assistance Emergency Amendment Act of 1997 (D.C. Act 12-25, February 27, 1997, 44 DCR 1778), and § 2(u) of the Public Assistance Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-77, May 27, 1997, 44 DCR 3181).

For temporary amendment of section, see § 2(u) of the Public Assistance Emergency Amendment Act of 1998 (D.C. Act 12-306, March 20, 1998, 45 DCR 1900).

For temporary amendment of section, see § 2(yyy) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 2(yyy) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682),§ 2(yyy) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 2(yyy) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(u) of Public Assistance Temporary Amendment Act of 1997 (D.C. Law 12-7, August 1, 1997, law notification 44 DCR 4639).

For temporary (225 day) amendment of section, see § 2(u) of Public Assistance Temporary Amendment Act of 1998 (D.C. Law 12-130, July 24, 1998, law notification 45 DCR 6501).

For temporary (225 day) amendment of section, see § 2(yyy) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).