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Page 112 of 202 § 10:90-11.1 Definition of intentional program violation (IPV)

IPV. Current WFNJ recipients shall also be provided with the written notice at the time of case redetermination. (e) A person is presumed innocent until proven guilty. Except as provided in N.J.A.C. 10:90-11.6(b), assistance shall be continued to an eligible person, even though there is reason to suspect that IPV has been committed, while the facts are under review by the county or municipal agency, or the law enforcement authority. (f) The county or municipal agency shall ensure that an individual under investigation shall have the following rights: 1. The county or municipal agency shall ensure that information obtained from or concerning a person under investigation shall be restricted in accordance with N.J.A.C. 10:90-7.7. The county or municipal agency shall take special precautions in obtaining information from a third party so that no accusations relevant to the alleged IPV are disclosed, including the reason for the investigation or the nature of the allegation, without the written consent of the individual under investigation. 2. The county or municipal agency shall ensure that investigative methods do not infringe on the civil liberties of the individual or interfere with due process of law. The county or municipal agency shall be prohibited from obtaining forced entry, conducting residence searches without consent of the client, making home visits during normal sleeping hours (generally 10:00 P.M. to 7:00 A.M.), or requiring that an individual be subjected to a lie detector test. 3. Rules on warning and waiver of rights are as follows: i. When the questioning of an individual regarding a possible charge of IPV becomes accusatory in nature, no individual may be asked or permitted to sign any waiver of rights before he or she has had an opportunity to read, or if necessary have read to him or her, the individual's right to refrain from answering any questions and to terminate the interview at will at any time. The individual shall also be given a copy of the statement explaining the individual's rights. The individual shall also be advised at that time of the opportunity, where available, to obtain legal counsel through Legal Services, the Legal Aid Society, or the lawyer referral service of the Office of the Public Defender. The individual shall be advised at that time that if he or she requests the presence of an attorney, the county or municipal agency shall postpone the interview for a reasonable period of time so that the individual may arrange for legal representation. ii. The county or municipal agency representative shall ask if the individual wishes to sign the waiver of rights statement, indicating that he or she acknowledges his or her rights and agrees to discuss the matter without the presence of an attorney. The county or municipal agency representative shall witness the waiver by signing and dating the document. A copy of the signed document shall be given to the individual. iii. If the individual refuses to sign the waiver, no further questioning shall occur at this time. If the individual requests the presence of an attorney, the county or municipal agency shall postpone the interview for a reasonable period of time so