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Page 18 of 116 § 10:90-16.5 Good cause exceptions to cooperation

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 CSSA 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 CSSA/CSU, in cases involving family violence when the CSSA 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.