loading…
loading…
loading…
Page 19 of 116 § 10:90-16.5 Good cause exceptions to cooperation
i. Any information obtained by the CSSA/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 CSSA, the CSSA/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 CSSA 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 CSSA 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 health care coverage 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 N.J.A.C. 10:90-16.5(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 CSSA/CSU, on a case-by- case basis. The CSSA/CSU shall determine with the individual whether or not the CSSA/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.