N.J. Admin. Code § 10:90-16.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:90-16.5 - Good cause exceptions to cooperation

(a) A WFNJ/TANF or Medicaid applicant/recipient has the right to claim a good cause exception from the child support requirements at any time during the WFNJ/TANF process when compliance with such requirements is not in the best interest of the individual, his or her child(ren), and/or family members. A good cause exception from the child support requirements is limited to:

1. Past or present situations involving family violence or the risk of family violence that affect the individual's ability to cooperate with child support requirements currently, including domestic violence and sexual assault, because the individual has or fears emotional or physical harm will be attempted or inflicted on him or herself and/or his or her child(ren) for pursuing child support activity on that non-custodial/alleged parent;

2. The initiation of adoption proceedings;

3. Parent person situations when the WFNJ applicant/recipient is someone other than the parent of the child(ren);

4. Certain instances involving artificial insemination; and

5. In other unusual circumstances in accordance with these rules.

(b) The individual shall sign a child support affidavit attesting to the good cause claim.

(c) WFNJ/TANF applicants/recipients who are granted good cause exceptions from the child support requirements, due to past or present family violence concerns or the risk of family violence, shall be handled in accordance with the regulations for the FVO Initiative at N.J.A.C. 10:90-20. The name and address of the non-custodial/alleged parent, if known, shall be provided to the CWA/CSU.

1. Proceedings to establish paternity, collect and/or enforce child support collections and/or obtain health care coverage in a particular case is not in the best interest of a child, due to reason of family violence, when:

i. The WFNJ/TANF applicant/recipient's cooperation, with regard to the non-custodial/alleged parent, is reasonably anticipated to result in physical or emotional harm to the child for whom support is to be sought;

ii. The WFNJ/TANF applicant/recipient's cooperation, with regard to the non-custodial/alleged parent, is reasonably anticipated to result in physical or emotional harm to the parent or parent-person of such nature or degree that it reduces such person's capacity to care adequately for the child; or

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

2. The WFNJ FVO Risk Assessment process, in accordance with N.J.A.C. 10:90-20, shall be conducted only when an individual requests a WFNJ/TANF Waiver, that is, a good cause exception from the child support requirements for reason of family violence or the risk of family violence. The WFNJ FVO Risk Assessment safety and service planning process examines the potential risk of harm or fear of harm and provides for a discussion of service needs of the individual and members of the family in his or her care who are impacted by the violence, as that violence presently affects his or her day-to-day living situation and ability to comply with WFNJ/TANF child support program requirements.

i. The WFNJ/TANF applicant/recipient requesting a good cause exception from the child support requirements for reason of family violence or the risk of family violence is required to participate in the safety and service planning process of WFNJ FVO Risk Assessment with the risk assessor at the designated victim service provider agency.

(1) Participation in the WFNJ FVO Risk Assessment process is required initially when the WFNJ/TANF Waiver or good cause exception is requested, and for periodic updates to the safety and service plan in accordance with N.J.A.C. 10:90-20 for the duration of that waiver period.

ii. The WFNJ FVO Risk Assessment shall be conducted with the individual's cooperation in accordance with the timeframe indicated at N.J.A.C. 10:90-20, in lieu of providing corroborative evidence.

iii. The "WFNJ FVO Risk Assessment Referral/Report," WFNJ FVO-115, when returned to the CWA from the designated victim service provider agency shall serve as confirmation that the initial WFNJ FVO Risk Assessment or updated risk assessment has or has not been completed in accordance with N.J.A.C. 10:90-20.

iv. Paternity determinations, child support collections and/or enforcement, and medical support shall not be pursued in cases involving family violence when the WFNJ/TANF applicant/recipient is granted a good cause exception (WFNJ/TANF Waiver) from the child support requirements.

3. The WFNJ/TANF applicant/recipient, his or her child(ren), and/or family members shall be afforded a guarantee of confidentiality and a safeguarding of information, by the CWA/CSU, in cases involving family violence when the CWA has been made aware, by the individual, that family violence or the risk of family violence is an issue, regardless as to whether or not a good cause exception from the child support requirements has been requested for reason of family violence. The family violence indicator on the automated child support system shall be coded appropriately to the case situation.

i. Any information obtained by the CWA/CSU pertaining to any applicant or recipient who claims to be a past or present victim of family violence or an individual at risk of family violence, shall remain confidential.

ii. When child support is sought in a case involving family violence or the risk of family violence and is known to the CWA, the CWA/CSU shall ensure that the applicant's whereabouts are not disclosed. If the WFNJ/TANF applicant/recipient is placed in a domestic violence (DV) shelter, or is currently residing in a DV shelter, and does not meet the criteria for the ACP, then the CWA address shall be used for the individual to ensure the safety of the individual and other families placed at the shelter. In cases involving family violence or the risk of family violence, the CWA shall inform all applicants/ recipients about the NJACP.

iii. There shall be no investigation that includes contact with the alleged perpetrator in cases involving family violence or the risk of family violence.

(d) Paternity determinations, child support collections and/or enforcement, and health care coverage shall be pursued in cases involving family violence or the risk of family violence when the WFNJ/TANF applicant/recipient does not request or wish to request a WFNJ/TANF Waiver as a good cause exception from the child support requirements.

(e) The WFNJ/TANF applicant/recipient who claims a good cause exception from the child support requirements for children for whom adoption proceedings have been initiated shall provide corroboration in accordance with (j)1i, iii and iv below, unless the following apply:

1. The provisions at 10:90-16.5(c)1; or

2. The WFNJ/TANF applicant/recipient is currently (for a period of not more than three months) being assisted by a public or licensed private social agency to decide whether to keep the child or relinquish him or her for adoption.

(f) A parent person may claim a good cause exception from the child support requirements in the best interest of the child and/or the parent person in accordance with (k) below, because the provisions at (e)1 or 2 above apply.

(g) The WFNJ/TANF applicant/recipient who claims a good cause exception from the child support requirements due to artificial insemination shall provide proof, from a physician, that the child was conceived through artificial insemination with anonymous donor sperm.

(h) A good cause exception from cooperating with the child support requirements may be granted in other unusual circumstances, as determined by the CWA/CSU, on a case-by-case basis. The CWA/CSU shall determine with the individual whether or not the CWA/CSU can proceed with child support activity, in such circumstances, without the involvement of the individual and without harm to the individual and/or child(ren). This decision and the basis for the determination shall be recorded in the IV-D case record (see 45 C.F.R. 302.31(c)) .

(i) A WFNJ/TANF applicant/recipient who claims a good cause exception from the child support requirements for the reasons indicated in (e) through (h) above shall be required to establish the existence of a good cause circumstance.

1. To establish the existence of a good cause claim, the applicant/ recipient shall be required to:

i. Specify the circumstances that he or she believes provide a sufficient good cause exception from the child support requirements;

ii. If appropriate, corroborate the good cause circumstance in accordance with these rules;

iii. At the request of the CWA/CSU provide sufficient information (such as name and address, if known, of the non-custodial parent to permit an investigation to corroborate the good cause circumstance.

(1) The CWA/CSU shall conduct the investigation of the WFNJ/TANF individual's good cause circumstances affording a guarantee of confidentiality and the safeguarding of substantiating information, by the CWA/CSU, that pertains to the individual applicant/recipient and his or her child(ren).

(j) The WFNJ/TANF and/or Medicaid applicant/recipient who claims good cause in accordance with (e) through (h) above shall provide corroborative evidence, if appropriate, in accordance with these rules to substantiate the good cause claim, within 20 days from the day the claim was made. In exceptional situations, the CWA/CSU may allow a reasonable additional period of time if it determines the applicant/ recipient requires additional time because of the difficulty of obtaining the evidence.

1. The CWA/CSU shall make a good cause determination in situations involving (e) through (h) above within 45 days of the date of the claim by the WFNJ/TANF and/or Medicaid applicant/recipient, based on the corroborative evidence supplied by the WFNJ/TANF and/or Medicaid applicant/recipient, but only after it has examined the evidence and finds that it actually verifies the good cause claim. During the CWA/CSU's 45 day review of the good cause determination, the applicant/recipient, if otherwise eligible for WFNJ, shall receive WFNJ benefits pending the outcome of this determination. The CWA/CSU will make an entry in the case record regarding the decision and will document the basis of its decision. The claim may be corroborated by the following types of evidence:

i. Court documents or other records which indicate that legal proceedings for adoption are pending before a court of competent jurisdiction;

ii. Court, medical, criminal, child protective services, social services, psychological or law enforcement records pertaining to the child, parent, or parent-person;

iii. Medical records which indicate emotional health history and present emotional health status of the child for whom support would be sought; or written statements from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the parent, parent-person or the child for whom support would be sought;

iv. A written statement from a public or licensed private social agency that the applicant/recipient is being assisted by the agency to resolve the issue of whether to keep the child or relinquish him or her for adoption; and

v. Sworn statements from individuals other than the applicant/recipient with knowledge of the circumstances which provide the basis for the good cause claim.

2. If, after examining the corroborative evidence, the CWA/CSU finds additional information is necessary in order to make a good cause determination, it shall promptly notify the applicant/ recipient, specifying the type of document which is needed.

i. Upon request by the WFNJ/TANF applicant/recipient, the CWA/CSU shall assist the individual in accordance with 10:90-16.3(g)5.

3. When corroborative evidence, if required to substantiate the good cause claim, is not submitted or is inadequate:

i. The CWA/CSU may further verify the good cause claim and, where necessary for a final determination, conduct an investigation. The investigation may include contact of the non-custodial parent if such contact is determined to be necessary to establish the good cause claim. Prior to such contact, however, the applicant/recipient will be notified so that he or she may:

(1) Present additional corroborative evidence to make the contact unnecessary;

(2) Withdraw the application for assistance or have the case closed; or

(3) Have the good cause claim denied.

(k) If a WFNJ/TANF applicant/recipient is someone other than the parent of the child(ren), that individual shall be asked to provide the information outlined at 10:90-16.4(b) or (c) for both parents. However, if that individual claims that he or she cannot provide the required information, the applicant/recipient may be exempt from providing information as outlined below:

1. If the WFNJ/TANF applicant/recipient is a blood relative of one of the non-custodial parents, he or she shall provide the information outlined at 10:90-16.4(b) or (c) for that parent. The applicant/recipient shall be deemed to be cooperating upon providing a sworn statement, documenting with specificity, efforts undertaken and obstacles encountered in pursuit of information regarding the parent. If available, the applicant/recipient shall provide documentation.

2. If the WFNJ/TANF applicant/recipient is not a blood relative of either non-custodial parent, he or she shall provide the information outlined in 10:90-16.4(b) or (c) for at least one of the parents of the child(ren). The applicant/recipient shall be deemed cooperating upon providing a sworn statement, documenting with specificity, efforts undertaken and obstacles encountered in pursuit of information regarding the parent for which information was not provided. If available, the applicant/recipient shall provide documentation.

(l) The WFNJ/TANF applicant/recipient unless granted a good cause exception from the child support requirements in accordance with this subchapter shall comply with the continued cooperation requirements as outlined at 10:90-16.4(e).

(m) The deletion of the WFNJ/TANF parent or parent-person from the eligible unit shall not be construed as a bar to continuing effort by the CWA/CSU to establish paternity or obtain a child support order and medical support for the WFNJ/TANF children.

(n) The CWA/CSU shall maintain records of activities relative to good cause claims on the automated child support system. Records will thereby be available for Federal or State review.

N.J. Admin. Code § 10:90-16.5

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 New Jersey Register 3971(b), 30 New Jersey Register 389(a).
Rewrote the section.
Amended by R.2000 d.347, effective 8/21/2000.
See: 32 New Jersey Register 2031(a), 32 New Jersey Register 3070(a).
Rewrote the section.
Amended by R.2003 d.226, effective 6/16/2003.
See: 34 New Jersey Register 2713(a), 35 New Jersey Register 2670(a).
Rewrote the section.