§ 4379. Cooperation required.
In accordance with a child support plan approved by the Federal Government, the department shall have the power and its duty shall be to:
(1) Require as a condition of eligibility for assistance that an applicant or recipient:
(i) Furnish his or her Social Security account number or, to the extent permitted by Federal law, proof of making application for a Social Security account number if the applicant or recipient has no Social Security account number.
(ii) Assign to the department on forms provided by the department such support rights as the applicant or recipient may have individually or on behalf of any family member who is a part of the assistance group.
(iii) Cooperate with the department in establishing the paternity of a child with respect to whom assistance is claimed unless the department determines that the applicant or recipient has good cause for failing to do so.
(iv) Cooperate in obtaining support payments for such applicant or recipient and for a child with respect to whom such assistance is claimed or in obtaining any other payment or property due such applicant, recipient or such child unless the department determines that the applicant or recipient has good cause for failing to do so.
(2) Require cooperation in accordance with the following:
(i) Subject to Federal approval, only when necessary, cooperation shall include, but not be limited to, taking the following actions:
(A) Identifying the parents of any child for whom assistance is sought or received, including appearing for scheduled genetic testing with the child and submitting to such testing.
(B) Keeping scheduled appointments with the department or domestic relations section.
(C) Providing truthful and accurate information and documents requested by the department or domestic relations section.
(D) Signing and returning any forms requested by the department or domestic relations section.
(E) Appearing as a witness and providing testimony at judicial and other hearings as requested by the domestic relations section.
(F) Paying to the department any support payment received directly from an absent parent after an assignment of support has been made.
(ii) Failure of the mother to identify by name the father of a child shall create a presumption of noncooperation which may be rebutted only by clear and convincing evidence.
(iii) Subject to Federal approval, if the applicant or recipient provides the names of two putative fathers subsequently excluded from paternity by genetic testing, the second exclusion shall create a presumption of noncooperation, which may be rebutted only by clear and convincing evidence.
Cross References. Section 4379 is referred to in sections 4373, 4380 of this title.
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