Current through Register Vol. 56, No. 18, September 16, 2024
(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
regulations.
(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 medical support 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 the 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 the 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 medical support 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
10:110-9.5(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/CSP unit 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, other than those involving family violence, 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
10:110-9.3(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 10:110-9.4(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 10:110-9.4(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
10:110-9.4(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
10:110-9.4(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 or 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.
