January 26, 2021
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The Florida Statutes

The 2003 Florida Statutes

Title XXX
Chapter 409
View Entire Chapter
Section 409.2572, Florida Statutes 2003

409.2572  Cooperation.--

(1)  An applicant for, or recipient of, public assistance for a dependent child shall cooperate 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, is defined to include, but is not limited to, the following conduct:

(a)  Failing or refusing to identify the father of the child, or where more than one man could be the father of the child, to identify all such persons. If the mother identifies one or more persons as the possible father of the child and asserts that there are no others who could be the father of the child, but the DNA test, Human Leukocyte Antigen test, or other scientific test indicates that none of the persons identified could in fact have been the father of the child, the mother shall be deemed noncooperative. If she subsequently identifies another person as the possible father of the child, she shall still be deemed noncooperative until that person has been given the DNA test, Human Leukocyte Antigen test, or other scientific test and is not excluded as the father by the test.

(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 at the laboratory for drawing of blood samples, or leaving the laboratory prior to the drawing of blood samples 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 Family Services 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 Family Services 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(7), 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.

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