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.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 43 - Support Matters Generally
Section 4301 - Scope of chapter
Section 4303 - Information to consumer reporting agency
Section 4304 - Cooperation of Commonwealth agencies (Repealed)
Section 4304.1 - Cooperation of government and nongovernment agencies
Section 4305 - General administration of support matters
Section 4306 - Duties of Title IV-D attorney
Section 4307 - State income tax intercept
Section 4308 - Lottery winnings intercept
Section 4308.1 - Collection of overdue support from monetary awards
Section 4309 - Publication of delinquent support obligors
Section 4321 - Liability for support
Section 4322 - Support guideline
Section 4323 - Support of emancipated child
Section 4324 - Inclusion of spousal medical support
Section 4325 - Payment of order of support
Section 4326 - Mandatory inclusion of child medical support
Section 4327 - Postsecondary educational costs
Section 4341 - Commencement of support actions or proceedings
Section 4342 - Expedited procedure
Section 4344 - Contempt for failure of obligor to appear
Section 4345 - Contempt for noncompliance with support order
Section 4346 - Contempt for noncompliance with visitation or partial custody order (Repealed)
Section 4347 - Security for attendance or performance
Section 4348 - Attachment of income
Section 4349 - Consolidation of proceedings
Section 4350 - Effect of appeal
Section 4352 - Continuing jurisdiction over support orders
Section 4354 - Willful failure to pay support order
Section 4355 - Denial or suspension of licenses
Section 4361 - Execution of support order against entireties property
Section 4362 - Plaintiff's share of proceeds of sale
Section 4363 - Trustee to distribute proceeds of sale
Section 4364 - Credit to plaintiff who purchases property
Section 4365 - Rights of divorced person in entireties property sold for support
Section 4366 - Other enforcement remedies preserved
Section 4372 - Establishment of Title IV-D program
Section 4373 - Administration of Title IV-D program
Section 4374 - State disbursement unit
Section 4375 - Access to records
Section 4376 - Central registry
Section 4377 - Power to expedite support cases
Section 4378 - Assistance recipients to seek support
Section 4379 - Cooperation required
Section 4380 - Enforcement of cooperation requirements
Section 4381 - Garnishment of wages of Commonwealth employees
Section 4392 - Employer reporting
Section 4393 - Use of information