DEPARTMENT OF HEALTH AND HUMAN SERVICES

PROGRAM POLICY ADMINISTRATION ECONOMIC STABILITY ADMINISTRATION

 FOOD ASSISTANCE PROGRAM

Filed with the secretary of state on

These rules become effective on October 1, 2024.

 (By authority conferred on the department of health and human services by section 6 of The social welfare act, 1939 PA 280, MCL 400.6)

R 400.3009 of the Michigan Administrative Code is amended and R 400.3010 is rescinded, as follows:

R 400.3009 Child support; good cause claim and determination; exceptions to

cooperation requirement. required offer of service.

  Rule 9. The department shall offer services to establish paternity and obtain child support to the client if the food assistance program group includes a child or children, but the food assistance program group does not include 1 or both parents of the child or children. The department shall provide comprehensive information about paternity and child support services to ensure the client can make an informed decision about whether to pursue or not to pursue those services.

(1) A client shall take all action required by 1939 PA 280, MCL §400.1 to

400.122 to establish paternity and obtain support.

(2) A client may claim good cause for not taking the action specified in subrule (1) of

this rule. Good cause includes any of the following reasons:

(a) The child entitled to support was conceived due to incest or forcible rape.

(b) Legal proceedings for the adoption of the child entitled to support are pending

before a court.

(c) A client is currently receiving counseling from a public or licensed private social

agency to decide if the child entitled to support should be released for adoption and the

counseling has not continued for more than 3 months.

(d) Physical or emotional harm may result if the client or child has been subject to

or is in danger of any of the following:

(i) Serious physical harm to the child entitled to support.

(ii) Serious physical harm to the client.

(iii) Serious emotional harm to the child entitled to support that actually harms the child's

ability to function in everyday life.

(iv) Serious emotional harm to the client that actually harms the client's capacity to

adequately care for the child entitled to support.

(e) Sexual abuse

(f) Sexual activity involving a dependent child.

(g) Being forced as the caretaker relative of a dependent child to engage in

nonconsensual sexual acts or activities.

(h) Threats of, or attempts at, physical or sexual abuse.

(i) Mental abuse.

(j) Neglect or deprivation of medical care.

(3) A client's cooperation in establishing paternity and obtaining support is not

required if good cause exists for not cooperating, but a support action may proceed if the

FIA department determines that the action would not endanger the child entitled to

support or the client.

(4) If a client is informed of the right to claim good cause and decides to make the

claim, then he or she shall do all of the following:

(a) Specify the type of good cause.

(b) Specify the persons covered by the good cause reason.

(c) Provide written evidence to support the claim within 20 calendar days of filing the

claim. The time period shall be extended up to 25 calendar days if the client has

difficulty obtaining the evidence.

(5) The department shall make a good cause determination within 45 calendar days of

the client's written claim, unless the client w as granted an additional 25-calendar-day

extension to the original 20-calendar-day limit and more information is needed that

cannot be obtained within the 45-calendar-day limit.

(6) The department shall make a good cause determination based on 1 of the

following findings:

(a) Good cause does not exist and the client must cooperate.

(b) Good cause does exist and the client's cooperation in obtaining support is not

required.

(c) Good cause does exist, but a support action can proceed without the client and

without endangering the client or the child entitled to support.

R 400.3010 Imposition of support disqualification; removal of support

  disqualification.-Rescinded.

Rule 10. (1) Failure to cooperate in obtaining support without good cause shall result

in disqualification and a minimum of a 1-month period of ineligibility for the person who

failed to cooperate.

(2) The remaining group members may receive full program benefits, if eligible.

(3) If the family independence program (FIP) closes due to child support noncooperation, the last FIP grant is budgeted in the FAP budget for 1 month.

(4) The noncooperative person shall remain disqualified until he or she cooperates

and takes action to establish paternity or obtain support.