N.J. Admin. Code § 10:90-20.9

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

Section 10:90-20.9 - Required standardized WFNJ FVO Risk Assessment for WFNJ/GA applicants/recipients

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

1. The designated victim service provider agency shall provide a WFNJ FVO Risk Assessment, reviewing the WFNJ/GA 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/GA 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/GA 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 GA case record with a copy in the applicable EA file. The WFNJ FVO-115 covers the six-month period from the date of application/ redetermination through to the next WFNJ/GA 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.

2. Supports, such as, but not limited to, transportation, are available to WFNJ/GA 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/GA 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/GA individuals are subject to review by State auditors of the WFNJ/GA program.

4. When a WFNJ/GA 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/GA 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/GA program requirement(s) for which the waiver was requested. Failure to participate in the applicable WFNJ/GA program requirement(s) may result in a sanction in accordance with 10:90-4.13.

iii. A WFNJ/GA 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 during the individual's association with the CWA/MWA for program benefits.

(b) If a WFNJ/GA 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/GA applicant/recipient or a member(s) of the individual's family;

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

3. Scheduling issues including transportation that prohibit the WFNJ/GA applicant/recipient from making or keeping the scheduled appointment;

4. Other unusual circumstances or good reason as determined by the DFD; and/or

5. It is necessary to make alternative arrangements, in accordance with (a)1i(3) above, for initially scheduling or rescheduling the appointment for completion of the WFNJ FVO Risk Assessment that will exceed the 10-calendar day time frame.

(c) A WFNJ/GA individual's continued need for a waiver of WFNJ/GA program requirements shall be reevaluated every six months, at a minimum. The individual shall be referred back to the victim service 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.

(d) The WFNJ FVO Risk Assessment process is available to WFNJ/GA applicants/recipients to the extent that State funds are available to fund these services. WFNJ/GA applicants/recipients who are denied WFNJ FVO Risk Assessments due to lack of State funds shall be granted requested waivers of program requirements and the provision at 10:90-20.7(c)1 shall apply.

N.J. Admin. Code § 10:90-20.9