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10 N.J.A.R. 191

K., R.; Burlington County Welfare Agency v
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Citation: 10 N.J.A.R. 191
Decision Date: 1985
Synopsis: Respondent requested relief from the decision of a local county welfare agency reducing her AFDC payments by deleting respondent from the eligible unit as a result of failing to cooperate in establishing the paternity of her first child. Respondent named a putative father but an HLA test excluded him as the father of the child. Respondent named no other possible father, claiming she had sexual relations with only one person prior to the birth of the child. The administrative law judge found that respondent's failure to provide any additional information, in light of the results of the HLA test, amounted to failure to cooperate in obtaining support and estab- lishing paternity. The HLA test is recognized as reliable for determin- ing exclusion of putative fathers. Cooperation is a condition of eligibility for AFDC, pursuant to N.J.A.C. 10:81-11.5(a). A parent who does not cooperate may be deleted from the eligible unit, pursuant to N.J.A.C. 10:81-11.5(h) and N.J.A.C. 10:82-2.4. The action of the welfare agency was affirmed. Upon review, the initial decision was adopted by the Director of the Division of Public Welfare. The Director commented that, in view of the scientific reliability of the HLA test and its exclusion of the man named by respondent as the father of her child, respondent's failure to provide additional information constituted failure to cooper- ate. The required penalty is removal of the custodial parent from the eligible unit. Daniel Campbell, Esq., for petitioner William M. Thompson, Paralegal, Camden Regional Legal Services, appearing pursuant to N.J.A.C. 1:1-3.12(a)4, for respondent.
Rule(s) Cited: 10:81-11.2(a)3 10:81-11.5 10:82-2.4 
Statute(s) Cited: 9:17-51 
Citation Tracker adopted-Div. of Public Welfare; reversed & remanded 215 N.J. Super 342 (App. Div., 1987) [Updated through 1991]