New Jersey Administrative Code

(a) After a rule proposal has been approved for publication by the Department of Human Services (Department), the Department shall file the notice of proposal with the Office of Administrative Law for public notice and comment, and shall make the notice of proposal available by: …

(a) The Department conducts an ongoing regulatory review and invites public comments regarding all Department rules (N.J.A.C. Title 10). The Department's rulemaking includes all rules adopted after the official public comment period and emergency rules in accord with the New Jers…

(a) In compliance with the New Jersey Administrative Procedure Act (N.J.S.A. 52:14B-1 et seq.) and the Office of Administrative Law Rules for Agency Rulemaking (N.J.A.C. 1:30), the Department shall publish a quarterly rulemaking calendar in the New Jersey Register setting forth a…

(a) Any person may obtain copies of documents filed with the Office of Administrative Law from the Department, in accord with the provisions of N.J.S.A. 47:1A-1 et seq., as amended, upon payment of a fee as follows: 1. First page to 10th page: $.75 per page; 2. Eleventh page to 2…

(a) The Department, in accord with the New Jersey Administrative Procedure Act (N.J.S.A. 52:14B-1 et seq.) and the Office of Administrative Law Rules for Agency Rulemaking (N.J.A.C. 1:30), may extend the time for submission of public comments on a proposed rulemaking, at its disc…

(a) The Department, in accord with the New Jersey Administrative Procedure Act (N.J.S.A. 52:14B-1 et seq.) and the Office of Administrative Law Rules for Agency Rulemaking (N.J.A.C. 1:30), may conduct a public hearing on a proposed rulemaking, at its discretion, without the need …

The Department shall take appropriate action with regards to petitions for rulemaking to ensure compliance with the New Jersey Administrative Procedure Act (N.J.S.A. 52:14B-1 et seq.) and the Office of Administrative Law Rules for Agency Rulemaking (N.J.A.C. 1:30). Notes N.J. Adm…

(a) An interested person may petition the Department to adopt a new rule or amend or repeal an existing rule. (b) All petitions shall be clearly and concisely worded and include the following: 1. The substance or nature of the rulemaking which is requested (proposed text material…

(a) Any material submitted to the Department that is not in substantial compliance with these rules shall not be deemed to be a petition for rulemaking requiring further Department action pursuant to this subchapter, the New Jersey Administrative Procedure Act (N.J.S.A. 52:14B-1 …

The purpose of public assistance staff development is to support the county welfare agency (CWA) in achieving its operating goals effectively and efficiently. The quality and extent of service an agency is able to provide is dependent on the competence and skill of the staff char…

The director of the CWA shall be responsible for the administration of the training and staff development function of the agency. Notes N.J. Admin. Code § 10:109-1.2 Amended by R.1991 d.111, effective 3/4/1991. See: 22 New Jersey Register 2222(a), 23 New Jersey Register 688(c). R…

Each CWA shall establish a training advisory committee which assists with the development of annual training plans and provides guidance, direction, and recommendations concerning the agency's overall policies and procedures for staff development and training. The committee shall…

(a) Staff development and training activities as determined by ongoing yearly needs assessments conducted by CWA training staff will be provided through the use of in-service resources and out-sourced when funding is available. Required components of a CWA staff development progr…

A record of all training activities by an agency's staff development operation must be maintained on a monthly basis and submitted in accordance with DFD issued instructions. Plans for cost related out-service training activities/expenditures must receive the prior approval of th…

Title IV-D of the Social Security Act, known as the Program for Child Support Enforcement and Establishment of Paternity, was established by Part B of P.L. 93-647 in 1975. Title IV-D charges the Child Support Program with locating alleged fathers and non-custodial parents, establ…

(a) Title IV-D of the Social Security Act delegates responsibility for the operation of the Child Support Program to state IV-D agencies. In New Jersey, the state IV-D Agency is the Department of Human Services, Division of Family Development, Office of Child Support Services (OC…

(a) Child support services shall be provided to the populations described in this chapter. (b) Child support services shall include, but not be limited to, the following services: 1. Location of non-custodial parents or alleged fathers, their employers, or their sources of income…

(a) Individuals residing in New Jersey who receive WFNJ/TANF, WFNJ/GA, Title XIX Medicaid assistance or who are referred as Title IV-E foster care cases are eligible for child support services. 1. WFNJ/TANF and WFNJ/GA applicants and recipients, Title XIX Medicaid applicants and …

Title IV-D services provided by the county agency child support units to WFNJ/TANF applicants/recipients also shall be provided to non-public assistance applicants/recipients in both intrastate and intergovernmental cases (including, but not limited to, cases originating from ano…

(a) The absence of a reference in this chapter to a power of or a remedy available to the Child Support Program under Federal or State statute, regulation, or rule shall not operate as a waiver of any such power or the use of any such remedy, procedure, or mechanism. (b) The fail…

(a) Unless further restricted by Federal or State law, the use or disclosure of information concerning applicants or recipients of child support services, including the child(ren); legal guardians; putative fathers; and non-custodial parents; and other individuals for whom inform…

(a) Nothing in this subchapter shall be construed as superseding or conflicting with the rule on safeguarding information at N.J.A.C. 10:110-1.7. (b) Information concerning the non-custodial parent shall be released to consumer credit agencies upon their request in accordance wit…

Service of process shall be required to establish child support obligations and, in some instances, when actions to enforce obligations are taken. Notes N.J. Admin. Code § 10:110-10.1

(a) The methods of service of process required by law shall vary with the action being taken. 1. When establishing or modifying the child support provision of a court order or judgment, service of process shall be consistent with court rules or applicable statutes. 2. When enforc…

Diligent efforts to serve process in establishment and enforcement actions means making inquiries that may include, but are not limited to, the U.S. Postal Service, the Motor Vehicle Commission, the Department of Labor and Workforce Development, the Department of Corrections, and…

(a) Within no more than 75 calendar days of the determination that location is necessary, all appropriate location sources shall be accessed in an attempt to locate non-custodial parents or alleged fathers and/or their assets. 1. In these location investigations: i. All appropria…

(a) In accordance with 42 U.S.C. § 653A(b)(1), a New Hires Directory shall be maintained. All employers and labor organizations doing business in the State shall report to the Department or its designee: 1. The hiring of, or contracting with, any person who works in this State an…

(a) Provided that an allegation of paternity is made as provided in this subchapter, paternity shall be established or service of process completed as necessary to commence proceedings to establish paternity within no more than 90 calendar days of locating the alleged father. (b)…

(a) The OCSS shall establish and operate a voluntary acknowledgment of paternity program that shall be known as the Paternity Opportunity Program (POP). POP will allow for the voluntary acknowledgment of paternity through the execution of a Certificate of Parentage, which shall h…

(a) If the parties will not sign a COP and no complaint has been filed, a complaint to establish paternity and support obligations shall be filed in a court of competent jurisdiction. 1. The complaint shall be filed and service of process necessary to commence proceedings to esta…

(a) A list of approved genetic testing laboratories shall be developed through the competitive procurement process. The State shall award a contract to each laboratory on the list. (b) If the CWA/CSU determines that genetic tests should be required, or if a party requests genetic…

Within no more than 20 calendar days of determining the alleged father is out-of-State and the case meets the definition of an intergovernmental case, appropriate legal action or location action shall be initiated, if necessary. Whenever appropriate, proceedings to establish pate…

(a) When a child has been legally adopted, an action by a county child support agency to establish paternity against an alleged biological father shall not be initiated unless a court of competent jurisdiction overturns the adoption. (b) When a child is conceived through an alter…

(a) Paternity proceedings shall be waived in a WFNJ/TANF case when good cause is established pursuant to N.J.A.C. 10:110-9.2 through 9.5 and/or 10:90-16.2 through 16.5. (b) If a child is born to married parents, but the mother alleges that someone other than the presumed father (…

(a) In cases where there is no order for child support and medical support within no more than 90 calendar days of determining the location of the non-custodial parent, an order for support shall be established or service of process completed, as necessary, to commence proceeding…

(a) All child support orders shall be established or modified, including a modification request in accordance with 42 U.S.C. § 666(a)(10)(B) due to proof of a significant change in circumstances, in accordance with the New Jersey Child Support Guidelines as adopted by the Supreme…

(a) Every three years, the CWA/CSU shall review for possible adjustment/modification all WFNJ/TANF and Foster Care cases on which the support order exists. Additionally, the CWA/CSU shall review for possible adjustment/modification all active Medicaid only cases if an existing or…

(a) On any case where it is determined that a review is warranted, both parties shall receive notice of the review at least 30 calendar days prior to the commencement of the review. (b) On any case where it is determined that a review is warranted, the parties shall complete and …

(a) When a request for a triennial review is received in an intergovernmental case and New Jersey is the controlling order jurisdiction, the matter shall be reviewed by the appropriate CWA/CSU in accordance with N.J.S.A. 2A:17-56.9(a) and the Child Support Guidelines. (b) When a …

(a) The enforcement of child support obligations includes: 1. Ensuring that current child support obligations are met; 2. Collecting past-due child support obligations; 3. Enforcing medical support; and 4. Collecting spousal support obligations when spousal support is ordered in …

(a) Available enforcement remedies shall include, but are not limited to: 1. Provisions concerning income withholding are as follows: i. Orders established or modified on or after November 1, 1990 shall be subject to income withholding, regardless of whether support payments are …

(a) When an individual applies for or receives assistance under WFNJ/TANF, he or she assigns to the CWA any rights to support he or she may have, and any rights to support on behalf of any other individual for whom assistance is being sought or paid. (b) If the entire support obl…

(a) Amounts collected pursuant to 42 U.S.C. § 657 shall be distributed within two business days after receipt, if sufficient information with which to identify the payee is provided. (b) Distribution of collections made on past-due amounts shall be delayed when the non-custodial …

(a) Payments on past due child support shall be used to satisfy claims as follows: 1. If the obligee is receiving WFNJ/TANF cash assistance, any payment shall first satisfy amounts owed to the county agency before any payment to the obligee. 2. If the obligee has never received W…

(a) Incentive payments received by OCSS, under 42 U.S.C. § 458(f) of the Social Security Act and 45 C.F.R. 304.12, shall be used to supplement other monies regularly expended for child support services or for an activity determined by the Commissioner with Federal approval of OCS…

(a) The OCSS shall assemble, on an annual basis, an Incentives Distribution Committee with representation from the various Program entities. The Committee shall make recommendations to the Commissioner on the distribution of incentive funds received in that year using as its basi…

(a) Incentives may be reduced annually for failure to maintain an acceptable level of performance in the Federal performance measures. (b) Incentives may be reduced annually for failure to improve performance in the Federal performance measures. (c) Incentives may be reduced annu…

(a) In accordance with 45 C.F.R. 305.35, incentives shall be used to supplement and not supplant other funds used to carry out Title IV-D Program activities. (b) The DFD shall determine the base amount of IV-D expenditures that may not be reduced as a result of the receipt and re…

The State Case Registry is the automated child support system shall be maintained in accordance with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193 and the New Jersey Child Support Program Improvement Act, P.L. 1998, c. 1. Notes N.J. Adm…

The Department may enter into cooperative agreements with public entities in accordance with 45 C.F.R. 302.34 and contracts with private entities for the purpose of carrying out the responsibilities granted to the Division's OCSS as the IV-D Agency. Notes N.J. Admin. Code § 10:11…