N.J. Admin. Code § 10:110-3.2

Current through Register Vol. 56, No. 12, June 17, 2024

Section 10:110-3.2 - County welfare agency's responsibilities

(a) Each CWA shall maintain a child support unit (CSU) with responsibility for, but not limited to, the duties described in this section.

(b) The CWA shall allocate and/or hire staff for the CWA/CSU.

(c) The CWA shall maintain a separate line of authority for CWA/CSU staff.

1. The CWA/CSU functions shall not be performed by staff who also perform income maintenance or social service functions.

2. Exceptions shall be granted by the Commissioner of Human Services and the U.S. Department of Health and Human Services where it is determined, based on documentation, that such separation is not administratively feasible in sparsely populated counties.

(d) The CWA shall have attorneys on staff or under contract, sufficient to represent child support matters in court, as necessary.

(e) The CWA shall be billed quarterly, according to its usage for the service provided by the New Jersey Child Support Hotline.

(f) The CWA shall be billed for submitting the following types of cases to the Federal Parent Locator Service (FPLS):

1. Child support cases in which an assignment of support rights to the State is not required;

2. Non-IV-D locate-only cases;

3. Parental kidnapping cases; or

4. Child custody cases.

(g) The CWA shall be billed quarterly for FPLS services, per case, at a rate determined by the U.S. Department of Health and Human Services. FPLS fees paid by the counties will be used to reimburse the Federal government for the expense of operating the FPLS.

1. Non-IV-D locate only cases, referenced at (f)2 above, means those cases in which a request for location services only is made by an authorized person as defined at 42 U.S.C. § 653(c)(3) and § 663(d)(2), that include a resident parent, legal guardian, attorney or agent of a child not receiving public assistance under TANF, who has a duty to support and maintain any such child without regard to a court order against a non-custodial parent; or any agent, attorney or court in accordance with 42 U.S.C. § 663(d)(2) that has the duty or authority to enforce a child custody or visitation determination, or the duty or authority to investigate, enforce or bring a prosecution with respect to the unlawful taking or restraint of a child. Such individual requesting FPLS location information may be charged a reasonable, consolidated fee of $ 25.00 established by the OCSS. That consolidated fee includes the rate determined by the U.S. Department of Health and Human Services for FPLS services and a State processing cost.

(h) The CWA shall be billed quarterly for the Child Support Enforcement Network (CSENet) services.

(i) The CWA shall pay all direct costs incurred in submitting cases and processing collections for State unemployment withholdings, State Lottery intercepts, Federal tax offset payments, and State Income Tax Refund/Homestead/Saver Rebates. Since the State prepays such fees, payments from the CWA shall reimburse the State for processing of the aforementioned cases.

N.J. Admin. Code § 10:110-3.2

Amended by R.1998 d.506, effective 10/19/1998.
See: 30 New Jersey Register 1956(a), 30 New Jersey Register 3822(a).
Deleted a former (c); recodified former (d) through (h) as (c) through (g); and rewrote the new (c).
Amended by R.2004 d.88, effective 3/1/2004.
See: 35 New Jersey Register 3042(a), 36 New Jersey Register 1207(a).
Rewrote (a); in (b), the introductory paragraph of (c), and (c)1, substituted "CWA/CSU" for "CWA/CSP unit"; in (g), added 1; added (h) and (i).