N.J. Admin. Code § 10:90-20.8

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

Section 10:90-20.8 - Required standardized WFNJ FVO Risk Assessment for WFNJ/TANF applicants/recipients

(a) The designated victim service provider agency in the county shall complete the required standardized WFNJ FVO Risk Assessment for WFNJ/TANF applicants/recipients in accordance with this section.

1. The designated victim service provider agency shall provide a WFNJ FVO Risk Assessment, reviewing the WFNJ/TANF individual's circumstances with regard to the existence of past or present violence or the risk of violence.

i. The WFNJ FVO Risk Assessment shall be completed by the WFNJ/TANF individual and the victim service provider agency's risk assessor, as follows:

(1) At the WFNJ agency;

(2) By telephone;

(3) At the victim service provider agency; or

(4) Any other alternative means as determined by the WFNJ agency in collaboration with its designated victim service provider agency, if extenuating circumstances involving safety considerations warrant such an arrangement.

ii. The "WFNJ FVO Risk Assessment Referral/Report," WFNJ FVO-115, when returned from the designated victim service provider agency, shall serve as confirmation that the WNFJ/TANF individual's initial WFNJ FVO Risk Assessment or updated risk assessment has or has not been completed.

iii. The completed WFNJ FVO-115 shall be maintained in the CWA TANF case record with a copy in the applicable Child Support and/or EA files. The WFNJ FVO-115 covers the six-month period from the date of application/redetermination through to the next WFNJ/ TANF redetermination date, unless the WFNJ FVO-115 is completed in the middle of a redetermination cycle, at which time an updated referral and assessment via the WFNJ FVO-115 are required.

(1) The exception to the six-month referral and reassessment may be the WFNJ FVO Waiver in capped assistance situations. The CWA may determine based on case circumstances whether repeat referrals for assessment are necessary for the specific WFNJ/TANF requirement waiver request.

2. Supports, such as, but not limited to, child care and transportation, are available to WFNJ/TANF individuals to assist such individuals in the completion of the WFNJ FVO Risk Assessment process and/or participation in intervention services.

3. The completed WFNJ FVO Risk Assessments for all WFNJ/TANF individuals shall be maintained by the designated victim service provider agency, at its agency, and are kept confidential in accordance with New Jersey law, 2A:84A-22.1 3 of the Criminal Justice Code, "Victim-Counselor Privilege" protection.

i. The completed WFNJ FVO Risk Assessment records for WFNJ/TANF individuals are subject to review by State and/or Federal auditors of the WFNJ/TANF program in accordance with 45 C.F.R. 265.7(e) and (f).

4. When a WFNJ/TANF individual fails to have the WFNJ FVO Risk Assessment completed within 10-calendar days of referral to the designated victim service provider agency, the individual's WFNJ FVO Waiver request shall be cancelled unless a good reason exists, in accordance with (b) below, for not scheduling an appointment initially, or rescheduling an appointment for completion of the assessment.

i. There is no sanction other than cancellation of the WFNJ FVO Waiver if the WFNJ/TANF individual fails to have the WFNJ FVO Risk Assessment completed in accordance with 10:90-20.6(a)4.

ii. Cancellation of the WFNJ FVO Waiver may result in the person's required participation in the WFNJ/TANF program requirement(s) for which the wavier was requested. Failure to participate in the applicable WFNJ/TANF program requirement(s) may result in a sanction in accordance with 10:90-4.13.

iii. A WFNJ/TANF applicant/recipient whose WFNJ FVO Waiver is cancelled for failure to complete the WFNJ FVO Risk Assessment shall be permitted to request another WFNJ FVO Waiver at any time throughout the individual's association with the CWA for program benefits.

(b) If a WFNJ/TANF individual fails to complete the WFNJ FVO Risk Assessment within 10-calendar days of referral to the designated victim service provider agency, the individual must show that he or she has a good reason for not scheduling the appointment initially or to reschedule the appointment. Good reasons include, but are not limited to, the following:

1. The time of the scheduled appointment poses safety concerns for the WFNJ/TANF applicant/recipient or a member(s) of the individual's family;

2. The WFNJ/TANF applicant's/recipient's hospitalization, illness or recovery from injuries prohibit the individual from making or keeping the appointment;

3. Illness of the WFNJ/TANF applicant's/recipient's child(ren);

4. Scheduling issues involving the WFNJ/TANF applicant's/ recipient's child(ren), transportation and or child care issues, that prohibit the individual from making or keeping the scheduled appointment;

5. It is necessary to make alternative arrangements, in accordance with 10:90-20.9(a)1 i(3), for initially scheduling or rescheduling the appointment for completion of the WFNJ FVO Risk Assessment that will exceed the 10-calendar day timeframe; and/or

6. Other unusual circumstances or good reason as determined by the DFD.

(c) A WFNJ/TANF individual's continued need for a waiver of WFNJ/TANF program requirements shall be reevaluated every six months, at a minimum, except in situations involving a capped child in accordance with (a)1iii(1) above. The individual shall be referred back to the victim services provider agency to update his or her safety and service plan needs and for confirmation that an updated WFNJ FVO Risk Assessment has or has not been completed.

1. The WFNJ agency may shorten the time for WFNJ FVO Waiver reevaluation and request an update of the WFNJ FVO Risk Assessment based on the case by case circumstances of the individual.

N.J. Admin. Code § 10:90-20.8