2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 43 - Support Matters Generally
4380 - Enforcement of cooperation requirements.

     § 4380.  Enforcement of cooperation requirements.
        (a)  Cooperation required.--It is essential to the effective
     and responsible utilization of assistance funds that applicants
     and recipients who are caretakers of a child whose circumstances
     include the reported absence of a legally responsible relative
     from the household or presence of a putative father cooperate
     fully with the department and the court or domestic relations
     section in establishing paternity and in securing child support
     payments and in all matters set forth in section 4379 (relating
     to cooperation required).
        (b)  Procedures.--
            (1)  Upon application for assistance, each applicant or
        recipient shall be notified that his or her cooperation in
        the matters set forth in section 4379 shall be required as a
        condition of eligibility and that failure to cooperate will
        result in the termination of medical assistance and the
        reduction of the cash assistance allowance in an amount equal
        to not less than 25% and may, if provided by departmental
        regulation, result in the imposition of protective payments
        for any child in whose behalf the applicant or recipient
        seeks assistance.
            (2)  If the department or domestic relations section, as
        applicable, determines that the applicant or recipient fails
        to cooperate as set forth in section 4379, unless the failure
        to cooperate was for good cause, the applicant or recipient
        shall be notified of the noncooperation determination and the
        basis for the noncooperation determination. The department
        shall notify the applicant or recipient in writing of the
        termination of medical assistance eligibility for the
        applicant or recipient, the reduction of the cash assistance
        allowance equal to not less than 25% and, if applicable, that
        protective payments will be imposed for any child so affected
        ten days after the date of notice. At the expiration of the
        ten-day period, the department shall impose the termination
        of medical assistance, the assistance allowance reduction
        and, if applicable, protective payments. Any hearing or
        appeal with respect to the notice of noncooperation issued by
        the department shall be conducted in accordance with the
        department's regulations governing an applicant's or a
        recipient's right to hearings.
            (3)  Subject to Federal approval, only when necessary, if
        after notice and opportunity for hearing the court or
        domestic relations section determines that the applicant or
        recipient failed to cooperate as set forth in section 4379
        and lacked reasonable excuse for such failure, the court
        shall notify the applicant or recipient and the department of
        the basis of the noncooperation determination and order the
        department to impose a sanction for noncooperation. The
        department shall issue a notice to the applicant or recipient
        to terminate medical assistance eligibility, reduce the
        assistance allowance by not less than 25% and, if applicable,
        impose a protective payment for any child so affected. The
        department shall implement the order of the court within ten
        days of receipt. Any hearing or appeals with respect to the
        recommendation and order of noncooperation directed by the
        court shall be conducted by the court in accordance with the
        Pennsylvania Rules of Civil Procedure as may be promulgated
        by the Supreme Court governing actions for support. The
        decision to hold hearings for noncooperation cases shall be
        at the option of the court or domestic relations section. If
        the court or domestic relations section chooses not to
        conduct the hearings on noncooperation, appropriate court or
        domestic relations section personnel shall be available to
        provide testimonial evidence by telephone testimony at the
        time and location set by the department for the departmental
        appeal hearing. A finding of noncooperation of an applicant
        or recipient shall not affect an obligor's duty to pay
        support.