(1) An applicant for, or recipient of, public assistance for a dependent child shall cooperate in good faith with the department or a program attorney in:
(a) Identifying and helping to locate the alleged parent or obligor.
(b) Assisting in establishing the paternity of a child born out of wedlock.
(c) Assisting in obtaining support payments from the obligor.
(d) Assisting in obtaining any other payments or property due from the obligor.
(e) Identifying another putative father when an earlier named putative father has been excluded by DNA, Human Leukocyte Antigen, or other scientific test.
(f) Appearing at an office of the department, or another designated office, as necessary to provide verbal or written information, or documentary or physical evidence, known to, possessed by, or reasonably obtainable by the applicant or recipient.
(g) Appearing as a witness at judicial or other hearings or proceedings.
(h) Providing information under oath regarding the identity or location of the alleged father of the child or attesting to the lack of information.
(i) Paying to the department any support received from the obligor after the assignment is effective.
(2) Noncooperation, or failure to cooperate in good faith, is defined to include, but is not limited to, the following conduct:
(a) Refusing to identify the father of the child, or where more than one man could be the father of the child, refusing to identify all such persons.
(b) Failing to appear for two appointments at the department or other designated office without justification and notice.
(c) Providing false information regarding the paternity of the child or the obligation of the obligor.
(d) All actions of the obligee which interfere with the state’s efforts to proceed to establish paternity, the obligation of support, or to enforce or collect support.
(e) Failure to appear to submit a DNA sample or leaving the location prior to submitting a DNA sample without compelling reasons.
(f) Failure to assist in the recovery of third-party payment for medical services.
(3) The Title IV-D staff of the department shall be responsible for determining and reporting to the staff of the Department of Children and Families acts of noncooperation by applicants or recipients of public assistance. Any person who applies for or is receiving public assistance for, or who has the care, custody, or control of, a dependent child and who without good cause fails or refuses to cooperate with the department, a program attorney, or a prosecuting attorney in the course of administering this chapter shall be sanctioned by the Department of Children and Families pursuant to chapter 414 and is ineligible to receive public assistance until such time as the department determines cooperation has been satisfactory.
(4) Except as provided for in s. 414.32, the Title IV-D agency shall determine whether an applicant for or recipient of public assistance for a dependent child has good cause for failing to cooperate with the Title IV-D agency as required by this section.
(5) As used in this section only, the term “applicant for or recipient of public assistance for a dependent child” refers to such applicants and recipients of public assistance as defined in s. 409.2554(12), with the exception of applicants for or recipients of Medicaid solely for the benefit of a dependent child.
History.—s. 4, ch. 82-140; s. 147, ch. 86-220; s. 19, ch. 87-95; s. 93, ch. 96-175; s. 197, ch. 97-101; s. 41, ch. 97-173; s. 28, ch. 98-397; s. 39, ch. 2001-158; s. 16, ch. 2004-334; s. 7, ch. 2009-90; s. 186, ch. 2014-19; s. 8, ch. 2017-117.
Structure Florida Statutes
Chapter 409 - Social and Economic Assistance
Part I - Social and Economic Assistance (Ss. 409.016-409.5093)
409.017 - Revenue Maximization Act; legislative intent; revenue maximization program.
409.031 - State agency for administering social service funds.
409.1415 - Parenting partnerships for children in out-of-home care; resources.
409.145 - Care of children; “reasonable and prudent parent” standard.
409.1451 - The Road-to-Independence Program.
409.14515 - Independent living preparation.
409.146 - Children and families client and management information system.
409.1464 - Responsible Fatherhood Initiative.
409.1465 - Grants to address the needs of fathers.
409.1467 - Mentorship for at-risk male students.
409.147 - Children’s initiatives.
409.153 - Implementation of Healthy Families Florida program.
409.165 - Alternate care for children.
409.166 - Children within the child welfare system; adoption assistance program.
409.1662 - Children within the child welfare system; adoption incentive program.
409.1666 - Annual adoption achievement awards.
409.16742 - Shared family care residential services program for substance-exposed newborns.
409.1676 - Comprehensive residential group care services to children who have extraordinary needs.
409.1679 - Additional requirements; reimbursement methodology.
409.16791 - Ongoing study of commercial sexual exploitation of children.
409.1755 - One Church, One Child of Florida Corporation Act; creation; duties.
409.1757 - Persons not required to be refingerprinted or rescreened.
409.176 - Registration of residential child-caring agencies and family foster homes.
409.179 - Family-friendly workplace initiative.
409.212 - Optional supplementation.
409.221 - Consumer-directed care program.
409.2551 - Legislative intent.
409.2554 - Definitions; ss. 409.2551-409.2598.
409.2557 - State agency for administering child support enforcement program.
409.25575 - Support enforcement; privatization.
409.2558 - Support distribution and disbursement.
409.2559 - State disbursement unit.
409.2563 - Administrative establishment of child support obligations.
409.25633 - Title IV-D Standard Parenting Time Plans.
409.25635 - Determination and collection of noncovered medical expenses.
409.2564 - Actions for support.
409.25641 - Procedures for processing interstate enforcement requests.
409.2565 - Publication of delinquent obligors.
409.25657 - Requirements for financial institutions.
409.25658 - Use of unclaimed property for past due support.
409.25659 - Insurance claim data exchange.
409.25661 - Public records exemption for insurance claim data exchange information.
409.2567 - Services to individuals not otherwise eligible.
409.2571 - Court and witness fees; bond.
409.2574 - Income deduction enforcement in Title IV-D cases.
409.2575 - Liens on motor vehicles and vessels.
409.2576 - State Directory of New Hires.
409.2577 - Parent locator service.
409.2578 - Access to employment information; administrative fine.
409.2579 - Safeguarding Title IV-D case file information.
409.2581 - Use of clearing accounts and revolving funds.
409.2584 - Interest on obligations due; waiver.
409.2594 - Record requirements.
409.2597 - Retention of actions.
409.2598 - License suspension proceeding to enforce support order.
409.2599 - Data processing services; interagency agreement.
409.25995 - State Title IV-D agency; contracts.
409.25996 - Organizations that assist noncustodial parents.
409.2673 - Shared county and state health care program for low-income persons.
409.26731 - Certification of local funds as state match for federally funded services.
409.285 - Opportunity for hearing and appeal.
409.401 - Interstate Compact on the Placement of Children.
409.402 - Financial responsibility for child.
409.403 - Definitions; Interstate Compact on the Placement of Children.
409.404 - Agreements between party state officers and agencies.
409.405 - Court placement of delinquent children.
409.406 - Interstate Compact on Adoption and Medical Assistance.
409.408 - Interstate Compact for the Placement of Children.
409.409 - Effect of existing compact provisions.
409.4101 - Rulemaking authority.
409.441 - Runaway youth programs and centers.
409.508 - Low-income home energy assistance program.
409.509 - Definitions; weatherization of low-income residences.
409.5091 - Department responsible for weatherizing agencies; energy assessment.