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Page 9 of 116 § 10:90-16.3 Cooperation in good faith in establishing paternity and support

(f) Once a determination of non-cooperation is made, the WFNJ/TANF applicant/recipient and the children in the assistance unit shall be ineligible for cash benefits under WFNJ and the applicant/recipient shall be ineligible for Medicaid. The exception to this Medicaid ineligibility requirement is listed in (f)1 below. The applicant/recipient shall have the opportunity to challenge a determination of non- cooperation by requesting a fair hearing. 1. The exception to this Medicaid ineligibility requirement is that Medicaid does not sanction pregnant women and children. If a client is pregnant at the time a determination of non-cooperation with child support is made, Medicaid eligibility shall continue until pregnancy and the 60 day post-partum eligibility period are concluded. (g) WFNJ applicants/recipients shall be required to cooperate fully with the CSSA/CSU by: 1. Appearing at the appropriate child support agency, as necessary, to provide oral or written information, additional information or documentary evidence relevant to obtaining support health care coverage, which is known to, possessed by, or reasonably obtainable by the applicant/recipient and to provide information to establish parentage and establish, modify and/or enforce a child support order. A WFNJ/GA individual will have his or her case reviewed for appropriate action; 2. Appearing as a witness at judicial or administrative hearings necessary to obtain a support order(s); 3. Appearing for and submitting appropriate samples for scheduled genetic tests, along with the respective child(ren) of the alleged father, to determine paternity; 4. Providing information, or attesting to the lack of information, under penalty of perjury; 5. Permitting the CSSA/CSU to obtain pertinent information not otherwise obtainable from third parties, as appropriate; and 6. Remitting any child support payments which are received, upon receipt of cash assistance, to the CSSA. History

HISTORY: Amended by R.1998 d.42, effective January 20, 1998. See: 29 N.J.R. 3971(b), 30 N.J.R. 389(a). Rewrote the section. Amended by R.2000 d.347, effective August 21, 2000. See: 32 N.J.R. 2031(a), 32 N.J.R. 3070(a). In (b) and (c), substituted references to CWA/CSP units for references to child support agencies throughout; in (b), changed N.J.A.C. reference; in (c), substituted "relating to" for "about the name of" in the first sentence; in (d), rewrote the introductory paragraph, and