N.J. Admin. Code § 10:90-20.7

Current through Register Vol. 56, No. 19, October 7, 2024

Section 10:90-20.7 - WFNJ/GA Waiver process

(a) When a WFNJ/GA applicant/recipient requests a WFNJ FVO Waiver of one or more WFNJ/GA program requirement(s), including requests for EA for reason of family violence, the individual shall be granted a WFNJ FVO Waiver by the CWA/MWA. The appropriate WFNJ FVO forms shall be completed by the responsible CWA/MWA worker, be signed by the individual as appropriate to his or her case circumstances, and a referral shall be made immediately to the CWA FVO representative when the case is handled by the CWA or the designated MWA worker. The CWA FVO representative or the designated MWA worker shall explain the WFNJ FVO Waiver and WFNJ FVO Risk Assessment processes to the WFNJ/GA applicant/recipient. The explanation shall include informing the individual that he or she must complete the WFNJ FVO Risk Assessment process within 10-calendar days of the referral to the victim service provider agency in accordance with 10:90-20.8(b); and that failure to complete the WFNJ FVO Risk Assessment shall result in cancellation of the waiver in accordance with (b)4 below. The CWA FVO representative or the designated MWA worker shall refer the WFNJ/GA individual to the designated victim service provider agency for the required WFNJ FVO Risk Assessment, unless the provisions at 10:90-20.1(c)1 apply.

(b) When the WFNJ/GA case is handled by a MWA, the MWA worker shall explain the WFNJ FVO Waiver and WFNJ FVO Risk Assessment processes to the WFNJ/GA applicant/recipient based on its agency's procedures for the referral of the GA individual to the designated victim service provider agency for the required WFNJ FVO Risk Assessment.

(c) The WFNJ FVO Waiver shall identify the specific WFNJ/GA program requirement(s) being waived (see 10:90-20.4) .

1. A WFNJ FVO Waiver of a WFNJ/GA program requirement applies to the GA program requirements and is available to WFNJ/GA participants.

2. A request for a waiver can be made for one or more WFNJ/GA program requirements, including requests for EA for reason of family violence, and multiple WFNJ/GA program requirements can be waived simultaneously.

i. If an individual requests a waiver of more than one WFNJ/GA program requirements, only one referral shall be made for the WFNJ FVO Risk Assessment to cover all circumstances waived, including EA requests.

ii. If at a later date an individual requests the waiver of an additional WFNJ/GA program requirement(s), in the following six-month period, no risk assessment referral shall be made to the designated victim service provider agency. The update to the WFNJ FVO Risk Assessment shall be handled at the next case re-determination. The WFNJ/GA applicant/recipient shall not be required to participate in the WFNJ/GA program requirement(s) for which WFNJ FVO Waiver has been requested pending the next case redetermination.

(1) Subsequent requests to waive additional WFNJ/GA program requirements do require a referral to the CWA FVO representative for discussion when the case is handled by the CWA; or discussion with the appropriate designated MWA staff, in accordance with MWA procedures.

3. While the WFNJ FVO Risk Assessment process is taking place, the WFNJ/GA applicant/recipient is not required to participate in the WFNJ/GA program requirement(s) being waived or other activities, in order to complete this process.

4. When a WFNJ/GA individual is unable to have the FVO Risk Assessment completed within the 10-calendar day timeframe, he or she may seek the assistance of the CWA FVO representative or designated MWA worker in scheduling or rescheduling an appointment to have the assessment completed. The individual's FVO Waiver shall be cancelled if the assessment is not completed, unless the individual has a good reason for not completing the assessment, including the need to make alternative arrangements for completing the WFNJ FVO Risk Assessment that will exceed the 10-calendar day timeframe. No sanction is incurred against a WFNJ/GA individual when the assessment is not completed. Unless the individual is otherwise deferred or exempt from WFNJ/GA program requirements, GA individuals shall be required to participate in the specific program requirement/activities for which the waiver had been requested prior to cancellation. If the individual fails to participate in the WFNJ/GA program requirements/activity after the WFNJ FVO Waiver is cancelled, and is not otherwise deferred or exempt, he or she may be sanctioned for failure to participate in a WFNJ/GA program requirement/activity. The individual may request another WFNJ FVO Waiver at any time and will be required to complete the WFNJ FVO Risk Assessment.

(d) The "WFNJ FVO Risk Assessment Referral/Report," WFNJ FVO-115, when returned to the CWA/MWA from the designated victim service provider agency shall serve as confirmation that the initial WFNJ FVO Risk Assessment or updated risk assessment has or has not been completed unless the provisions at 10:90-20.1(c)1 apply.

(e) The FVO Risk assessment process is available to WFNJ/GA applicants/recipients to the extent that State funds are available to fund these services. When FVO Risk Assessments are unavailable due to lack of State funds, the WFNJ/GA applicant/ recipient shall be granted the requested WFNJ FVO Waiver of WFNJ/GA program requirements.

1. If a WFNJ/GA applicant/recipient is unable to have a FVO Risk Assessment completed due to lack of State funds, the CWA/MWA shall make an informal referral to the designated victim service provider agency so the individual may access the intervention services of the provider agency that may assist the individual in handling barriers to becoming self-sufficient.

N.J. Admin. Code § 10:90-20.7