(a) To cooperate, an applicant or recipient shall make a good faith effort as outlined in 830 CMR 18.18A.1(3). An applicant or recipient who has not provided the information specified in 830 CMR 18.18A.1(3)(b) shall be provided an opportunity to make a good faith effort by providing all the information he or she has or can reasonably obtain as required by 830 CMR 18.18A.1(3)(c).
(b) 1. An applicant or recipient shall provide to DOR a sworn statement setting forth sufficient verifiable information about the noncustodial parent for each child for whom the applicant or recipient seeks assistance. The sworn statement may be provided to DOR on a signed Client Application Child Support form (CA/CS) completed by the applicant or recipient with DTA staff or on any other form as provided by DOR.
2. Information is sufficient if it is listed in 830 CMR 18.18A.1(3)(b)2.:
a. The noncustodial parent's full name and Social Security number; or
b. The noncustodial parent's full name and at least two of the following items:
i. The noncustodial parent's date of birth,
ii. The noncustodial parent's address,
iii. The noncustodial parent's telephone number,
iv. The name and address of the noncustodial parent's employer,
v. The names of the parents of the noncustodial parent,
vi. The manufacturer, model and license (registration) number of any motor vehicle owned by the noncustodial parent; or
c. The noncustodial parent's full name and additional information which DOR determines to be reasonably equivalent to the information listed in 830 CMR 18.18A.1(3)(b)2.a. or b., because it leads to the identifiers listed in 830 CMR 18.18A.1(3)(b)2.a. or b.
3. Information is verifiable if, using reasonable efforts, DOR confirms that it is current and accurate. Reasonable efforts shall include the following, as DOR, in its sole discretion, deems appropriate: a review of databases available to DOR to follow up on information available on the databases, follow-up contacts with the applicant or recipient as appropriate, telephone calls to phone numbers or letters sent to addresses provided by the applicant or recipient, or requests to other agencies for records identified by the applicant or recipient.
(c) An applicant or recipient who has not provided the information specified in 830 CMR 18.18A.1(3)(b)2.a. or b. or reasonably equivalent information as described in 830 CMR 18.18A.1(3)(b)2.c. shall be deemed to be cooperating in good faith if he or she satisfies the requirements of 830 CMR 18.18A.1(3)(c). To satisfy the requirements of 830 CMR 18.18A.1(3)(c), an applicant or recipient must provide all of the following information that he or she has or can reasonably obtain that may lead to the identifiers listed in 830 CMR 18.18A.1(3)(b)2.a. or b.:
1. In cases in which parentage has not been established, a sworn statement on a form provided by DOR that sexual intercourse between the noncustodial parent and the applicant or recipient occurred during the probable period of conception;
2. A statement or statements as to the identity or location of the noncustodial parent from individuals other than the applicant or recipient who have personal knowledge of such information;
3. Records, or information as to the whereabouts of records, from law enforcement, social service, or other agencies, courts or offices regarding the identity or location of the noncustodial parent;
4. Utility bills, parking tickets, credit card receipts or other personal records or effects that contain information regarding the identity or location of the noncustodial parent;
5. Telephone numbers or addresses of individuals who, if contacted, may be able to provide information as to the identity or location of the noncustodial parent;
6. Signed releases for DOR to obtain evidence to corroborate that the information provided is accurate and that all information about the noncustodial parent available to or reasonably obtainable by the applicant or recipient has been provided;
7. A sworn statement on a form provided by DOR documenting with specificity efforts undertaken and obstacles encountered by the applicant or recipient in pursuit of information regarding the noncustodial parent, with any documentation supporting the sworn statement attached; and
8. Any other information or documentation that may assist DOR in identifying or locating the noncustodial parent, establishing parentage or establishing, modifying or enforcing a child support order.
(d) 1. If an applicant or recipient is uncertain as to which of two or more individuals might be the noncustodial parent of a single child, the applicant or recipient shall provide the information required by 830 CMR 18.18A.1(3) about at least one such person at the time of application or redetermination of eligibility for public assistance or upon the request of DOR.
2. If the applicant or recipient has more than one child, the applicant or recipient shall provide the information required by 830 CMR 18.18A.1(3) about at least one possible noncustodial parent for each child at the time of application or redetermination of eligibility for public assistance or upon the request of DOR.
3. If the information regarding the noncustodial parent of any child does not satisfy the requirements of 830 CMR 18.18A.1(3), or if the applicant or recipient has provided information about an individual who is found not to be a noncustodial parent by court order or genetic marker testing, the applicant or recipient shall provide information about any additional possible noncustodial parents for that child. If DOR finds that the applicant or recipient has not provided information which satisfies this section about the noncustodial parent of each child, DOR shall issue a notice to the applicant or recipient stating that the applicant or recipient may be subject to a determination of noncooperation and has 14 calendar days from the date of the notice to take specific actions consistent with 830 CMR 18.18A.1, as stated in the notice. If the applicant or recipient fails to take such specified actions within such 14 day period, DOR shall issue a determination of noncooperation to DTA and notify the applicant or recipient of the determination and the grounds therefor.
(e) 1. If, after making reasonable efforts to identify the noncustodial parent based on the information provided by an applicant or recipient, DOR determines that the applicant or recipient failed to provide the information specified in 830 CMR 18.18A.1(3)(b) and also failed to provide all the information he or she has or can reasonably obtain, then DOR shall determine that the applicant or recipient has failed to make a good faith effort to cooperate. If DOR determines that the applicant or recipient has failed to make a good faith effort to cooperate, DOR shall issue a notice to the applicant or recipient stating that the applicant or recipient may be subject to a determination of noncooperation and has 14 calendar days from the date of the notice to take specific actions consistent with this regulation, as stated in the notice. If the applicant or recipient fails to take such specified actions within such 14 day period, DOR shall issue a determination of noncooperation to DTA and notify the applicant or recipient of the determination and the grounds therefor. If, however, subsequent to the issuance of a determination of noncooperation, the applicant or recipient begins cooperating, DOR shall promptly issue a notice of cooperation to DTA.
2. DTA shall, upon receipt of a determination of noncooperation from DOR, impose a sanction for noncooperation in accordance with M.G.L. c. 18, §18A and 106 CMR 203.700 et seq., unless the applicant or recipient claims that he or she has good cause not to cooperate, and DTA determines that the applicant or recipient has such good cause. If DTA imposes a sanction for noncooperation, DTA shall provide the applicant or recipient with an opportunity to challenge the imposition of the sanction at a hearing in accordance with 106 CMR 343.000 et seq. and 106 CMR 203.770.
3. Unless DOR determines that the applicant or recipient failed to provide the information specified in 830 CMR 18.18A.1(3)(b) and also failed to provide all the information he or she has or can reasonably obtain, the applicant or recipient shall be deemed by DOR to be cooperating and DOR shall not issue a notice of noncooperation to DTA. If DTA does not receive from DOR a notice of noncooperation regarding an individual applicant or recipient, DTA shall presume that such applicant or recipient is cooperating until it receives notice otherwise.