N.J. Admin. Code § 10:15-9.3 - Termination resulting from non-compliance of co-payment requirements

(a) For individuals who fail to cooperate in paying the required co-payment, child care benefits shall terminate for nonpayment of the co-payment.

(b) Child care services for child protective services children, including foster care children identified by the CP & P, shall not be terminated until the referring CP & P Area Office or Adoption Resource Center has been notified whenever possible and an alternate plan identified.

(c) When child care services are terminated due to nonpayment of the co-payment, the parent/applicant may request an administrative review or fair hearing. In the DFD voucher programs, if child care services are terminated, no payment shall be rendered by the agency from the date of termination until a review is held and a final determination is made.

(d) In all cases where an administrative review or fair hearing is requested of the CCR & R, it shall adhere to N.J.A.C. 10:90-9. If the issue is not resolved at the CCR & R, an administrative review, or a fair hearing may be requested at the DFD, in accordance with N.J.A.C. 10:90-9.

(e) If an employed WFNJ or TCC participant fails to pay assessed co-payments for child care services provided to his or her child(ren), child care services shall be terminated and the provider(s) shall be paid by the CCR & R through the WFNJ or TCC program for the amount of unpaid co-payments. Payment of unpaid co-payments is limited to a maximum period of two months. Exceptions may be granted in extreme circumstances with prior written approval by a DFD representative.

(f) If the child care services of an WFNJ or TCC participant has been terminated due to non-payment of co-payments and the participant applies for other DHS child care services or re-qualifies for WFNJ or TCC benefits, the participant shall reimburse the amount of the unpaid co-payments prior to the receipt of any child care benefits.

(g) Individuals who fail to cooperate in paying the required co-payment shall, subject to appropriate notice requirements and, if requested, case review or administrative review, as set forth in N.J.A.C. 10:15-2.4(a) and 6.16, or fair hearing as set forth in N.J.A.C. 10:15-3.4(a), lose eligibility for child care benefits for so long as back co-payments are owed, unless satisfactory arrangements are made with each provider to make full payments of arrearages.

(h) In the DFD voucher programs, termination of child care services which are initiated by the child care provider or the parent/applicant shall be reported by the parent to the CCR & R no later than 10 calendar days.

(i) Under no circumstances shall a parent be charged a penalty for late co-payments if the services were rendered under the DFD contract.

(j) Refunds shall be made to parent/applicants by child care agencies when:

1. An administrative review decision results in a reduced co-payment; and/or

2. An error in co-payment computation has resulted in overcharges to the parent/applicant.

(k) Overcharges shall be refunded by child care agencies within 30 days of the administrative review or fair hearing decision or the discovery of the error.

Notes

N.J. Admin. Code § 10:15-9.3

Amended by R.2005 d.77, effective 2/22/2005.
See: 36 N.J.R. 4882(a), 37 N.J.R. 630(c).
In (g), amended N.J.A.C. reference.
Amended by R.2009 d.18, effective 1/5/2009.
See: 40 N.J.R. 2637(b), 41 N.J.R. 226(b).
In (b), substituted "Area" for "District"; and in (d), (e) and (h), substituted "CCR & R" for "UCCA" throughout.
Notice of readoption with technical changes.
See: 48 N.J.R. 2807(a).