New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 15 - CHILD CARE SERVICES › Subchapter 9 - CO-PAYMENTS › Section 10:15-9.3 - Termination resulting from non-compliance of co-payment requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(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.