Public Assistance and Paternity
© 1997-1998 by Neighborhood Legal Services, Inc.
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    You usually must cooperate with DSS in establishing paternity for your children to get public assistance. However, there are several "good cause" reasons for not agreeing to cooperate with DSS. If you have "good cause," you can refuse to cooperate and still get public assistance.

1. Physical and emotional harm to child and/or mother

2. The child was conceived as a result of incest or rape

3. Court action for the adoption of the child is pending

4. An agency is helping you decide whether to keep your child or to place the child for adoption. You are allowed only 3 months to make this decision.

    To make one of these claims, you will have to provide documentation such as:

1. Court documents (e.g., a Family Court Order of Protection against your child's father)

2. Records from Child Protective Services

3. Police reports of domestic violence

4. A social worker's written report or a letter from a mental health professional that supports your story

    You will not be eligible for public assistance. However, your children cannot be denied assistance because you refuse to cooperate. If you are applying for public assistance for yourself and your child(ren) and refuse to cooperate, you will be denied assistance. A "representative payee" will be set up to get your child(ren)'s benefits. The representative payee must use the check for the child's needs only.

    Unless you have good cause, it is in your best interest to cooperate with DSS in establishing paternity or locating an absent parent because:

1. The entire responsibility for obtaining a Court Order of Support for you or your child belongs to DSS. You do not have to do this on your own.

2. If you are later able to get off public assistance, you can ask DSS to send your support payments directly to you.

3. If the father of your child is paying the full court-ordered support each month, you are entitled to receive a $50 cash bonus after the support payment is received by DSS.

4. If you want to be in the CAP program, you have to have a Child Support Order for your child.

    You will be asked to tell DSS what you know about the father of your child(ren). They will want his name, address, place of employment, and physical description. Once the father has been contacted by the Department of Social Services (DSS), you and your child must each take a blood test to learn if that person is the child's father.

    You cannot be denied assistance because you do not know all the information that is asked of you.

    If you are not sure who the father of your child is, tell your caseworker. Your caseworker will mark this in your file. If you deny knowing who the father of your child is, or where, DSS has no evidence to contradict you, and you will be given a form that allows you to deny knowing the name, address, or employer of the absent parent. This must be accepted as cooperation, although this will not exempt further investigation by the Support Collection Unit.

    DSS has the right remove your needs from your public assistance grant if they find out later that you were not telling the truth. They will, however, continue to cover your child(ren).

    If you are denied because you refused for good cause to cooperate with DSS in establishing paternity or because you do not know certain information, call our office immediately. We will review your case with you and tell you how to challenge it, or we may agree to take your case.

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