N.J. Admin. Code § 10:69-3.12

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10:69-3.12 - Circumstances requiring special handling

(a) Circumstances requiring special handling which are not conditions of eligibility include the mental competency of applicant. Any person who applies for assistance shall be presumed to be mentally competent unless there is professional diagnostic evidence to the contrary, or unless there is question regarding competency because of certain observable behavior or reactions.

(b) Criteria for alleged incompetence of an applicant include:

1. Inability or substantial difficulty in giving simple identifying information such as his or her correct name, address, names of members of his or her family, names of persons with whom he or she lives or has frequent association (during the course of the interview references should be made to these previously directed questions and the consistency of the response noted); inability to report in a general way factual information about his or her economic status, his or her education, his or her employment history (if any), and his or her medical history; and

2. Insistence on relating irrelevant information in a way that appears genuinely unbalanced.

(c) If, after considering the client's response according to the criteria in (b) above, the CWA has reasonable doubt of his or her mental competency (alleged incompetence), the eligibility worker shall accept an application from him or her and immediately refer the case to the social service unit to locate a protective payee.

(d) If any of the following conditions appear to exist in the relationship between parent and child, the case shall immediately be referred to the social service unit that shall contact the Division of Child Protection and Permanency (DCP&P) of the Department of Children and Families for appropriate action. The CWA shall provide DCP&P with pertinent information as appropriate and shall cooperate in planning and implementing action in the best interest of the child (See also N.J.A.C. 10:69-9.7 ).

1. Physical or sexual abuse or cruel treatment;

2. Exploitation by prostitution or overwork, having the child beg or involving the child in illegal activities; or

3. Neglect as shown by apparent malnutrition or lack of supervision necessary for the health and safety of the child.

(e) The conditions in (d) above shall not affect eligibility of the children to receive AFDC-related Medicaid.

(f) In the event of any indication that the death of a child resulted from abuse or neglect, such matter shall be reported immediately to DCP&P.

N.J. Admin. Code § 10:69-3.12

Amended by 49 N.J.R. 3729(a), effective 12/4/2017