723-1          GOOD CAUSE

A penalty is not imposed if an individual claims and is approved for good cause. The following sections describe the good cause reasons for each type of penalty.

723-1 A.      GOOD CAUSE FOR FAILURE TO ATTEND SCHOOL

A minor parent may have good cause for attending school when:

• School attendance interferes with the minor parent's attempt, or attempt by a member of the minor parent's immediate family, to escape a domestic violence situation;
• A sudden and temporary situation arises which is beyond the control of the family and affects the health of the minor parent or the minor parent's child, or otherwise affects the minor parent's ability to comply (such as illness, death, or an act of nature);
• Court appearance, detention, or incarceration prevents the minor parent from attending school;
• Necessary transportation to school or training program breaks down or is otherwise unavailable and the minor parent lacks a reasonable alternative;
• Weather conditions prevent travel to school or training;
• The minor parent cares for their own dependent child who is under 13 weeks of age;
• The minor parent cannot obtain appropriate, affordable child care for their dependent child.

723-1 B.      GOOD CAUSE FOR NOT COOPERATING WITH CSSDChild Support Services Division

An individual may have good cause for not cooperating with CSSDChild Support Services Division if:

• Cooperation may result in physical or emotional harm to the child or to the caretaker relative, or affect the caretaker relative's ability to care for the child adequately; or
• Proceedings to establish paternity or secure support will be detrimental to the child because:

• The child was conceived as a result of incest or rape;
• Legal proceedings for adoption of the child are pending before a court; or
• The caretaker relative is currently being assisted by a public or licensed private social agency to resolve the issue of whether to keep the child or relinquish him or her for adoption.

The caretaker's statement may be accepted to establish that good cause exists, if the claim is not questionable. Administrative Procedures MS 105-1 provides on when information is considered questionable.

If the claim for good cause is questionable, the family will be asked to submit documents, such as police or court records, medical records, or statements from mental health or social service agencies that establish the existence of good cause. The family may also submit written or oral statements from other individuals who have personal knowledge of the family's circumstances, such as a minister, attorney, social worker, or relatives of the caretaker.

In many cases, such as domestic violence situations, documents may not be available to support the good cause claim. If the claim is questionable and additional documents are not available, the caseworker will consider the information and use their prudent judgment to make a decision on the claim.

The decision on the good cause claim must be made within 30 days from the date the signed claim is received. The decision must be mailed to the caretaker relative using the appropriate EISEligibility Information System notice (W060Child Support Cooperation Statement or W062Child Support - Good Cause Not Allowed).

When the good cause decision is made after the eligibility determination has been completed and benefits approved, the caseworker must also notify CSSDChild Support Services Division of the good cause decision by sending an email to cssdgoodcause@alaska.gov. This is necessary:

1. To prevent CSSDChild Support Services Division collection activities as appropriate to each case; and
2. To allow CSSDChild Support Services Division to review the caseworker's decision on the good cause claim. If CSSDChild Support Services Division has reason to question that decision, they may correspond with the caseworker and ask for reconsideration. However, the good cause decision is ultimately the responsibility of the DPADivision of Public Assistance caseworker.

723-1 C.      GOOD CAUSE FOR NON-COMPLIANCE WITH THE FSSPFamily Self-Sufficiency Plan OR WORK ACTIVITIES REQUIREMENTS

A client must make a claim for good cause before any good cause provisions listed in this manual section are applied. Case managers are instructed to explore good cause reasons before they request a penalty, see WSPMWork Services Procedure Manual MS 1006.

An individual has good cause for failing to comply with the FSSPFamily Self-Sufficiency Plan or work activities requirements if the non-compliance resulted from one of these reasons:

Unavailable child care: The caretaker of a child under age six who is living in the home cannot find needed child care because appropriate, affordable child care is unavailable. Appropriate and affordable child care is defined in ATAPAlaska Temporary Assistance Program MS 730-2.

Domestic violence: Meeting the requirement interferes with the participant's attempt, or an attempt by a member of the participant's immediate family, to escape domestic violence or its escalation.

Strength and Stamina: The limited strength and stamina of a participant over age 59 prevents them from meeting the requirement.

Crisis: A sudden and temporary situation beyond the family's control occurs, and it affects the health of a family member or their ability to comply. This reason includes family illness or death.

Court: The participant must appear in court or serve on a jury.

Jail: The participant is incarcerated or is a minor placed in youth detention.

Transportation: Necessary transportation breaks down or becomes unavailable, and the participant lacks a reasonable alternative.

Bad weather: Weather conditions prohibit travel.

Equal wages: The participant accepts a job with gross wages and benefits equal to or greater than those at the job left.

Layoff: The participant separates from paid employment for a reason outside their control and not due to their action or inaction.

Reduction in wages: The participant's wages decline for reason outside their control and not due to their action or inaction.

Strikebreaker: The job becomes available due to a labor dispute, or the work site becomes involved in a labor dispute.

Hazard: The work is more hazardous to the individual than to the average worker employed in a similar job.

Unfair wages: The job offers wages that do not meet the Alaska minimum wage requirement.

New baby: The parent personally provides care to his or her own child under the age of 17 weeks. In a two parent household, this provision may only be claimed by one parent.

Discrimination: The individual separates from paid employment because of discrimination by an employer based on race, religion, color, national origin, citizenship, age, physical or mental disability, sex, or, in some instances, marital status.