Page 449

Page 14 of 116 § 10:90-16.4 Good faith effort requirement

(f) Continuing cooperation may include, but is not limited to, the requirements in N.J.A.C. 10:90-16.3(g)1 through 6. (g) If at the time of WFNJ/TANF and/or Medicaid application or redetermination, or at the request of the CSSA/ CSU, the applicant/recipient is uncertain as to which of two or more individuals might be the non-custodial parent of a single child, the applicant/recipient shall be asked to provide the information required for all individuals who may be the non- custodial parent. However, information for at least one possible non-custodial parent must be provided in order to be determined cooperating in good faith. 1. If the WFNJ/TANF and/or Medicaid applicant/recipient has more than one child, the applicant/recipient shall provide the information required for at least one possible non-custodial parent for each child at the time of application or redetermination of WFNJ eligibility or upon the request of the CSSA/CSU. i. If a WFNJ recipient has a child while receiving assistance, the recipient is required to meet the cooperation requirement for the additional child in order for the family/individual to remain eligible for cash benefits under WFNJ and for the recipient to be eligible for Medicaid, unless the exception requirement for Medicaid ineligibility is met in accordance with N.J.A.C. 10:90-16.3(f)1. (1) The CSSA/CSU worker shall access both the automated child support system, and the Paternity Opportunity Program Imaging Data Base to determine if a Certificate of Parentage was executed for the child. 2. If the CSSA/CSU finds that the WFNJ/TANF and/or Medicaid recipient deliberately provided inaccurate information regarding the non-custodial parent of a child, or if the non-custodial parent named is found not to be the father by court order or genetic testing, the applicant/recipient shall be sent a notice of noncompliance advising him or her that if specific information is not provided within the next 30 days, the family shall be ineligible for cash benefits under WFNJ and the case shall be terminated, subject to timely and adequate notice requirements. The recipient shall also be ineligible for Medicaid, unless the exception requirement for Medicaid ineligibility is met in accordance with N.J.A.C. 10:90-16.3(f)1. i. If on two occasions the WFNJ/TANF recipient claimed to have provided all the information he or she could reasonably obtain, and the information provided was found to be deliberately inaccurate, the recipient shall be sent a notice of termination, subject to timely and adequate notice requirements, informing the recipient that cash assistance to the family shall be terminated and the recipient shall be ineligible for Medicaid unless the exception requirement is met for Medicaid eligibility in accordance with N.J.A.C. 10:90-16.3(f)1. ii. The individual has a right to reapply for WFNJ benefits at any time, and to comply with child support cooperation requirements, in accordance with the WFNJ application requirements and procedures. When a case is closed for non- cooperation and the applicant/recipient reapplies for cash assistance, the individual shall provide information in accordance with (d) above.