N.J. Admin. Code § 10:90-11.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:90-11.9 - Disqualification consent agreement

(a) An individual accused of IPV who is referred to a court of appropriate jurisdiction but for whom no determination of guilt is obtained due to the accused individual having met the terms of a court order, or who is not prosecuted due to the fact that the accused individual has met the terms of an agreement with the prosecutor, shall be allowed to sign a disqualification consent agreement. The county or municipal agency shall make arrangements with the county prosecutor to provide advance written notification to the individual of the consequences of consenting to disqualification as a result of deferred adjudication and to include the disqualification consent agreement in agreements between the prosecutor and the accused individual or in the court order.

(b) The advance notice and agreement shall include, at a minimum:

1. A statement of understanding for the accused to sign which states that the accused understands the consequences of consenting to IPV, along with a statement explaining that the caretaker relative must likewise sign the consent agreement if the accused individual is not the caretaker relative, with an appropriately designated signature block for that relative and/or the accused individual;

2. A statement indicating that signing the agreement will result in disqualification and a reduction in payment to the assistance unit during the period of disqualification, even though the accused individual was not found guilty of civil or criminal misrepresentation or fraud; and

3. A warning statement indicating the disqualification penalties imposed for IPV under the WFNJ Program. Those penalties include a six-month disqualification for the first violation, a 12-month disqualification for the second violation and permanent disqualification for the third violation. An additional statement must further explain the specific penalty imposed as a result of the accused individual having consented to disqualification.

(c) If the individual signs the disqualification consent agreement, he or she shall be disqualified in accordance with 10:90-11.11. If the court specifies a disqualification period or specifies a date for initiating disqualification, the county or municipal agency shall adhere to the court order. If an individual whose case has been terminated signs a consent agreement, the disqualification period shall be postponed until after a reapplication for WFNJ assistance is approved.

N.J. Admin. Code § 10:90-11.9

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 New Jersey Register 3971(b), 30 New Jersey Register 389(a).