A-1130, Explanation of Good Cause

A—1130 Explanation of Good Cause

Revision 21-2; Effective April 1, 2021

TANF and TP 08

The purpose of good cause is to allow people to access benefits safely. Good cause provides an exemption from cooperating with the OAG’s child support and medical support requirements.

Explain the family violence option and good cause exemption to all households applying for benefits. Use Form H1712, Explanation of Child/Medical Support, Family Violence and Good Cause, to explain the good cause exemption from the child support and medical support requirements. The explanation must include the situations that justify good cause and the required verifications. Explain that a person does not have to cooperate with child support or medical support requirements if they can prove that cooperation is not in the child's best interest.

A claim of good cause must be made separately for each absent parent. Notify the OAG of the person's good cause claim. This notification is sent from HHSC to the OAG through an automated interface once staff enter the appropriate information into TIERS and the case is disposed.

After explaining Form H1712 to the person:

  • Review Part I of Form H1713, Service Plan for Family Violence Option and Report of Good Cause, with the person during the interview. Complete only Part I of Form H1713 if the person indicates on this form that they do not want to claim good cause. If the person wants to continue to claim good cause, continue completing Part II and Part III where applicable of Form H1713.
  • Complete Part II Assessment Referral of Form H1713 if the person wants to claim good cause for family violence. Make an assessment referral to a family violence specialist using Part II of Form 1713. The family violence specialist makes a recommendation of good cause for reasons of family violence using the Form H1706, Good Cause Recommendation and Family Violence Exemption.
  • Complete Part III of Form H1713 to indicate the good cause reason and determination date.

Once the family violence specialist makes a recommendation of good cause on the Form H1706, complete Part III of Form H1713 and send the form to the local child support office and HHSC Family Violence Program (FVP) staff to report the final decision.

Note: TIERS will automatically notify the local child support office of the good cause determination through the OAG interface when the EDG is disposed.

Related Policy
Good Cause for Family Violence Option, A-1131.1

A—1131 Good Cause Situations

Revision 15-4; Effective October 1, 2015

TANF and TP 08

Good cause exists when:

  • a child was conceived as a result of incest or rape;
  • a child or caretaker may be physically harmed;
  • a child or caretaker may be emotionally harmed to the extent that the caretaker's capacity to adequately care for the child is impaired; or
  • legal proceedings for the child's adoption are pending before a court or a licensed or private social agency is helping the individual decide whether to keep the child or relinquish the child for adoption.

Note: This issue must not have been under discussion more than three months and staff must update the absent parent referral if the issue remains unsolved beyond the third month.

A—1131.1 Good Cause for Family Violence Option

Revision 22-2; Effective April 1, 2022

TANF and TP 08

Cooperating with the OAG’s child support and medical support requirements could pose a potential safety risk for family violence victims and their children. HHSC and OAG allow good cause for family violence to not comply with child and medical support requirements. Explain and offer the family violence option at each application and redetermination.

Staff must:

  • explain Form H1712, Explanation of Child/Medical Support, Family Violence and Good Cause, and give a copy of the form to the person;
  • review Part I of Form H1713, Service Plan for Family Violence Option and Report of Good Cause, with the person; and
  • if the person wants to claim good cause for reasons of family violence, use Part II of Form 1713 to make an assessment referral to a family violence specialist at a nearby family violence service provider. Only a family violence specialist can recommend good cause relating to family violence.

    A list of family violence shelters is searchable in TIERS and located at the HHS Family Violence Program page. If no shelter serves the person's area, give the person the National Domestic Violence Hotline number (800-799-7233 [800-799-SAFE] or 800-787-3324 TTY for people who are deaf) to help the person locate the closest family violence service provider.

If the person wants to claim good cause for not complying with TANF or Medicaid child support and medical support requirements due to family violence:

  • The person arranges to speak with the referred family violence specialist to discuss the need to claim good cause and request a good cause recommendation.
  • After the family violence specialist makes the good cause recommendation, the family violence specialist completes Form H1706, Good Cause Recommendation and Family Violence Exemption, and returns the form to the person or to HHSC to use as verification.
  • For face-to-face interviews at a local HHSC eligibility office, provide the person a confidential phone interview with the family violence specialist from the local eligibility determination office. In this scenario, the Form 1706 is not required, and HHSC staff use “client statement” as verification.

Continue to process the TANF or Medicaid EDG and collect absent parent information verbally or by pending the EDG for the H0050, Parent Profile Questionnaire. Remind the person that HHSC requires a completed Form H0050 if the family violence specialist does not recommend good cause or the person decides not to pursue good cause. If the person does not pursue good cause, they must complete and return Form H0050 or provide absent parent information before staff can approve the TANF or Medicaid EDG

Note: By collecting the absent parent information or pending the EDG for the information at the time of the interview, staff will be able to process the EDG regardless whether the H1706 supports the good cause claim.

Allow the person 10 days to return Form H1706, Form H1713 and Form H0050. Certify the EDG, if otherwise eligible, without the H1706, if not returned or if the H1706 does not support the good cause claim.

HHSC staff requirements for Form H1713:

  • complete Part II and Part III of Form H1713;
  • send a copy to the local child support office; and
  • send a copy to the family violence coordinator by one of the following methods to report the final decision:
    • Interagency mail: Family Violence Coordinator, Mail Code 2010
    • Regular mail: Family Violence Coordinator 909 W. 45th St., Mail Code 2010 Austin, TX 78751; or
    • Email: Send completed and scanned documents only to the HHSC Family Violence Mailbox.

Once the good cause claim has been established, re-evaluate the claim at each redetermination. If the person is no longer claiming good cause, update the absent parent referral by removing the good cause indicator to allow the OAG to help the family get child support or medical support services for their children. If the person continues to claim good cause, continue to uphold good cause.

A—1131.2 Good Cause Related to Adoptions, Rape or Incest

Revision 15-4; Effective October 1, 2015

TANF and TP 08

If an individual claims good cause based on an adoption, rape, or incest, advisors must:

  • allow individuals 20 days to provide evidence;
  • extend the deadline for evidence if additional time is needed to obtain the necessary information;
  • document the reason for extending the deadline and obtain supervisory approval; and
  • flag the case and evaluate the evidence when received and recommend either that the individual:
    • has good cause for not cooperating and the OAG should not continue child support locate and enforcement efforts; or
    • does not have good cause for not cooperating and the OAG should continue child support locate and enforcement efforts.

Note: For adoption situations, the issue must not have been under discussion for more than three months. If the issue is unresolved beyond the third month, staff must update the absent parent referral.