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Maryland General Assembly· HB1490Approved by the Governor - Chapter 763 (Chapter 763)

Family Investment Program - Temporary Cash Assistance - Good Cause and Adequate Reason Exceptions, the official text

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WES MOORE, Governor                              Ch. 763

Chapter 763

                   (House Bill 1490)

AN ACT concerning

Family Investment Program – Temporary Cash Assistance – Good Cause and
                                     Adequate Reason Exceptions

FOR the purpose of prohibiting the Department of Human Services from denying an
         application or reducing or terminating temporary cash assistance from an individual
         if the individual has good cause or an adequate reason for noncooperation with child
         support under certain criteria; requiring the Secretary of Human Services to
         establish certain criteria for determining good cause for noncooperation with child
         support; requiring the Family Investment Program to determine that there is good
         cause for noncooperation with child support using certain criteria; requiring the
         Child Support Enforcement Agency Administration to determine that there is
         adequate reason for noncooperation with child support using certain criteria; and
         generally relating to temporary cash assistance.

BY repealing and reenacting, without amendments,
         Article – Human Services
         Section 5–101(c) 5–101(c) and (e), 5–301(c), and 5–308(c)
         Annotated Code of Maryland
         (2019 Replacement Volume and 2025 Supplement)

BY adding to
         Article – Human Services
         Section 5–308(d) through (g)
         Annotated Code of Maryland
         (2019 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, with amendments,
         Article – Human Services
         Section 5–308(d) and 5–312(e)
         Annotated Code of Maryland
         (2019 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Human Services

5–101.

(c) “Department” means the Department of Human Services.

                   –1–
Ch. 763     2026 LAWS OF MARYLAND

(e) “Local department” means:

                  (1) a local department of social services created or continued in a county
under § 3–201 of this article; or

            (2) in Montgomery County, the Montgomery County government.

5–301.

(c) “FIP” means the Family Investment Program.

5–308.

         (c) (1) Assistance for an individual may not be reduced or terminated for
noncompliance with the work activity requirement if the individual has good cause under
the criteria established by the Secretary.

                  (2) The criteria shall provide that any of the following are sufficient to show
good cause:

            (i) temporary illness or incapacity;

            (ii) court–required appearances or temporary incarceration;

            (iii) domestic violence;

            (iv) a family crisis that threatens normal family functioning,

including:

            1. experiencing homelessness whereby a family:

                                    A. lacks a fixed, regular, and adequate nighttime residence,
or shares the housing of other persons due to the loss of housing, economic hardship, or a
similar reason;

                                    B. lives in a motel, hotel, trailer park, or camping ground due
to a lack of alternative accommodations;

            C. lives in an emergency shelter or transitional housing;

                                    D. resides in a primary nighttime residence that is a public
or private place not designed for or ordinarily used as a regular sleeping accommodation
for human beings; or

                                    E. lives in a car park, public space, vacant or abandoned
building, substandard housing, bus station, train station, or similar setting;

                               –2–
                                        WES MOORE, Governor           Ch. 763

                     2. a housing crisis, including eviction, foreclosure, or other

loss of housing; or

                     3. receiving a utility disconnection notice or having a utility

disconnected;

                     (v) a breakdown in transportation arrangements;

                           (vi) a breakdown in child care arrangements or lack of child care for
a child or children who are 12 years old or younger;

                           (vii) for a single parent caring for a child younger than 6 years old
who is unable to obtain child care:

                                    1. the unavailability of appropriate child care within a
reasonable distance from the parent’s home or work site;

                                    2.  the unavailability or unsuitability of informal child care
by a relative or others; or

                                    3. the unavailability or unsuitability of appropriate and
affordable child care arrangements;

                           (viii) a lack of supportive services identified and agreed on by an
individual and a local department; or

                           (ix) the failure of a local department to offer or provide a reasonable
accommodation to an individual with a disability.

        (D) (1) IN THIS SUBSECTION, “GOOD CAUSE” MEANS THAT

CIRCUMSTANCES EXIST IN WHICH COOPERATION WITH CHILD SUPPORT MAY BE

AGAINST THE BEST INTEREST OF THE CHILD.

                (2) (I) THE FIP SHALL DETERMINE THAT AN INDIVIDUAL HAS

GOOD CAUSE FOR NONCOOPERATION WITH CHILD SUPPORT IF CIRCUMSTANCES
EXIST IN WHICH COOPERATION BY THE INDIVIDUAL WITH CHILD SUPPORT MAY BE

AGAINST THE BEST INTEREST OF THE CHILD.

                         (II) THE DEPARTMENT FIP MAY NOT DENY AN APPLICATION OR

REDUCE OR TERMINATE ASSISTANCE IF AN INDIVIDUAL HAS GOOD CAUSE FOR
NONCOOPERATION WITH CHILD SUPPORT UNDER CRITERIA ESTABLISHED BY THE

SECRETARY.

                                        –3–
Ch. 763                  2026 LAWS OF MARYLAND

           (2) (3)  THE CRITERIA ESTABLISHED BY THE SECRETARY SHALL

PROVIDE THAT AN INDIVIDUAL HAS GOOD CAUSE FOR NONCOOPERATION IF THE

INDIVIDUAL STATES THAT:

                         (I) COOPERATION RISKS PHYSICAL OR EMOTIONAL HARM TO

OR RETALIATION AGAINST THE CHILD OR THE RELATIVE WITH WHOM THE CHILD

RESIDES;

                         (II) THE CHILD FOR WHOM SUPPORT IS SOUGHT WAS
CONCEIVED AS A RESULT OF INCEST OR RAPE;

                         (III) PROCEEDINGS FOR THE ADOPTION OF THE CHILD ARE
PENDING OR UNDER CONSIDERATION; OR

           (IV) COOPERATION  RISKS  DISCOURAGING            THE  A

NONCUSTODIAL PARENT OR OTHER RELATIVES OF THE CHILD FROM MAINTAINING

A RELATIONSHIP WITH THE CHILD OR PROVIDING EMOTIONAL OR OTHER SUPPORT;

OR

           (V) COOPERATION IS OTHERWISE NOT IN THE CHILD’S BEST

INTEREST.

           (3) (4)  (I) THE DEPARTMENT FIP IS RESPONSIBLE FOR

GRANTING GOOD CAUSE TO AN INDIVIDUAL FOR NONCOOPERATION WITH CHILD

SUPPORT.

                         (II) IN THE PROCESS OF GRANTING GOOD CAUSE, THE A FIP
WORKER AT A LOCAL DEPARTMENT DEPARTMENT MAY NOT CONTACT THE
NONCUSTODIAL PARENT FROM WHOM SUPPORT WOULD BE SOUGHT.

           (4) (5)  (I) AN INDIVIDUAL WHO CLAIMS GOOD CAUSE UNDER

THIS SUBTITLE IS NOT REQUIRED TO PRODUCE WRITTEN EVIDENCE.

                         (II) THE DEPARTMENT MAY NOT REQUIRE THIRD–PARTY
VERIFICATION TO PROVE GOOD CAUSE.

                         (III) AN INDIVIDUAL MAY PROVIDE AN ORAL OR WRITTEN
STATEMENT BY THE INDIVIDUAL SHALL BE SUFFICIENT TO PROVE GOOD CAUSE.

                         (IV) IF AN INDIVIDUAL PROVIDES AN ORAL STATEMENT TO
PROVE GOOD CAUSE, A FIP WORKER AT A LOCAL DEPARTMENT SHALL DOCUMENT
THE ORAL STATEMENT.

                             –4–
                                    WES MOORE, Governor  Ch. 763

                         (V) IF AN INDIVIDUAL NEEDS ASSISTANCE, THE DEPARTMENT A
FIP WORKER AT A LOCAL DEPARTMENT SHALL ASSIST THE INDIVIDUAL IN

PREPARING A WRITTEN STATEMENT OR DOCUMENTING AN ORAL STATEMENT ON A

STANDARDIZED FORM CREATED BY THE SECRETARY DEPARTMENT.

(V) (VI)                            THE DEPARTMENT FIP MAY NOT REQUIRE A

WRITTEN STATEMENT TO BE NOTARIZED OR BE IN ANY OTHER FORMAT THAT

IMPOSES A COST ON THE INDIVIDUAL.

(5) (6)  BEFORE REFERRING AN INDIVIDUAL TO THE CHILD

SUPPORT ENFORCEMENT AGENCY DURING THE APPLICATION AND CERTIFICATION

PROCESS FOR ASSISTANCE, THE DEPARTMENT FIP SHALL:

                         (I) ADVISE NOTIFY ALL INDIVIDUALS ON THE AVAILABILITY OF
CHILD SUPPORT PASS–THROUGH AND DISREGARD;

                         (II) ADVISE NOTIFY ALL INDIVIDUALS OF THE RIGHT OF THE
INDIVIDUAL TO CLAIM GOOD CAUSE TO NOT COOPERATE WITH CHILD SUPPORT, THE
CRITERIA FOR GOOD CAUSE, AND THE TIME FRAME AND PROCESS FOR REQUESTING
GOOD CAUSE;

                         (III) NOTIFY ALL INDIVIDUALS THAT A FIP WORKER CAN
PROVIDE THE INDIVIDUAL WITH ASSISTANCE IN REQUESTING GOOD CAUSE;

                         (IV) AT A MINIMUM, PROVIDE THE ADVICE NOTICE REQUIRED
UNDER THIS PARAGRAPH:

         1. IN WRITING ON THE APPLICATION FOR ASSISTANCE;

                                 2. ORALLY DURING A PHONE INTERVIEW OR AN
IN–PERSON INTERVIEW; AND

                                 3. IN ALL WRITTEN FIP NOTICES ABOUT CHILD
SUPPORT COMPLIANCE OR NONCOMPLIANCE; AND

                                 4. IN ALL ORAL COMMUNICATION ABOUT CHILD
SUPPORT COMPLIANCE OR NONCOMPLIANCE;

                         (V) PROVIDE AN INDIVIDUAL WITH ASSISTANCE IN REQUESTING
GOOD CAUSE; AND

                         (IV) (VI)  PROVIDE AN INDIVIDUAL WITH AN OPPORTUNITY TO
CLAIM GOOD CAUSE; AND
                                                  –5–
Ch. 763  2026 LAWS OF MARYLAND

                         (V) ASK IF AN INDIVIDUAL NEEDS ASSISTANCE IN OBTAINING
GOOD CAUSE AND PROVIDE ASSISTANCE WHEN REQUESTED.

        (E) (1) THE DEPARTMENT FIP MAY NOT DENY AN APPLICATION OR
TERMINATE ASSISTANCE IF THE CHILD SUPPORT ADMINISTRATION DETERMINES

THAT AN INDIVIDUAL HAS ADEQUATE REASON FOR NONCOOPERATION WITH CHILD

SUPPORT.

                (2) THE DEPARTMENT SHALL CONSIDER AS SUFFICIENT

JUSTIFICATION FOR NONCOOPERATION WITH CHILD SUPPORT CIRCUMSTANCES

BEYOND AN INDIVIDUAL’S CONTROL, INCLUDING CIRCUMSTANCES BEYOND THE

CONTROL OF AN INDIVIDUAL THAT ARE ADEQUATE REASONS FOR

NONCOOPERATION WITH CHILD SUPPORT INCLUDE:

                         (I) DELIVERY OF MAIL FROM THE CHILD SUPPORT
ENFORCEMENT AGENCY ADMINISTRATION TO AN INCORRECT ADDRESS;

                         (II) NATURAL DISASTER OR CIVIL DISORDER;

                         (III) CRITICAL ILLNESS;

                         (IV) A FAMILY CRISIS REQUIRING AN INDIVIDUAL’S FULL
ATTENTION; AND

                         (V) TRAVEL BY AN INDIVIDUAL AWAY FROM HOME, BOTH IN THE
PERIOD DURING WHICH THE DEPARTMENT MAILED NOTICES AND DURING WHICH
THE DEPARTMENT SCHEDULED APPOINTMENTS.

                (3) THE CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTRATION
SHALL DETERMINE THAT THERE IS ADEQUATE REASON FOR AN INDIVIDUAL’S

NONCOOPERATION WITH CHILD SUPPORT USING THE CRITERIA UNDER PARAGRAPH

(2) OF THIS SUBSECTION.

        (F) AN INDIVIDUAL MAY REQUEST AND RECEIVE A DETERMINATION THAT

THERE IS GOOD CAUSE OR ADEQUATE REASON FOR NONCOOPERATION WITH CHILD

SUPPORT AT ANY TIME DURING THE APPLICATION AND CERTIFICATION PERIOD.

        (G) (1) (I) THE DEPARTMENT SHALL INFORM AN INDIVIDUAL WHO

DOES NOT PROVIDE THE REQUESTED INFORMATION RELATED TO CHILD SUPPORT

THAT THE INDIVIDUAL MAY ATTEST TO THE LACK OF INFORMATION.

         –6–
WES MOORE, Governor  Ch. 763

                         (II) THE DEPARTMENT SHALL OFFER ASSISTANCE WITH
PREPARING THE ATTESTATION UNDER THIS SUBSECTION.

                (2) THE DEPARTMENT SHALL CONSIDER AN INDIVIDUAL WHO

ATTESTS TO THE LACK OF INFORMATION TO BE IN COOPERATION WITH CHILD

SUPPORT.

        [(d)] (H) Subject to the State budget, a legal immigrant is entitled to assistance
under this subtitle if the immigrant:

                  (1) meets FIP eligibility requirements under this subtitle and any other
requirements imposed by the State; and

                  (2) (i) arrived in the United States before August 22, 1996; or

                           (ii) arrived in the United States on or after August 22, 1996 and is
not eligible for federally funded cash assistance.

5–312.

         (e) (1) (i) The local department shall impose a 30% reduction of the portion
of a recipient’s grant amount designated for the adult member or members, minor parent
or parents, or pregnant individual if an adult member, minor parent, or pregnant individual
is found to be in noncompliance, without good cause, with FIP work activity requirements.

                           (ii) The portion of the grant amount designated for the child or
children of the assistance unit may not be reduced or terminated based on noncompliance
by an adult member’s or minor parent’s noncompliance with FIP work activity
requirements.

                  (2) The local department shall impose a 25% reduction of the entire grant
amount if an adult member or minor parent is found to be in noncompliance without
adequate reason or good cause with child support requirements.

                  (3) (i) If a recipient is found to be in noncompliance with FIP
requirements, the local department shall provide a 30–day conciliation period for each
instance of noncompliance.

                           (ii) During the 30–day conciliation period, the case manager shall
advise the recipient of the noncompliance, and help the recipient to comply by:

                                    1. investigating the reasons for noncompliance, including by
personally contacting the family of the recipient;

–7–
Ch. 763                                 2026 LAWS OF MARYLAND

                                    2. evaluating and preparing a written determination of
whether the recipient qualifies for an exemption or good cause under § 5–308(b) [or], (c),
(D), OR (E) of this subtitle;

                 3. sending the recipient a letter offering a conciliation

conference; and

                                    4.  assisting the recipient in identifying and resolving any
barriers to compliance.

                  (4) The Secretary may not reduce or terminate temporary cash assistance
to a family until 30 days after the day on which the first written notice of noncompliance
was sent to the recipient.

                  (5) For noncompliance with a FIP requirement, the full amount of
temporary cash assistance shall resume on compliance with the FIP requirement.

                  (6) If temporary cash assistance is reduced or terminated under this
subsection, a recipient shall retain eligibility for medical assistance and food stamps, as
long as the recipient meets the medical assistance and food stamp program requirements.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
October 1, 2026.

Approved by the Governor, May 26, 2026.

                                        –8–
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