R.K. v. Department of Human Servs

In R.K. v. Department of Human Servs., 215 N.J. Super. 342, 521 A.2d 1319 (App.Div.1987), the Court addressed generally the issue of cooperation by an AFDC applicant whose monthly grant was reduced by the Burlington County Board of Social Services which concluded that she was withholding the identity of one of her children's fathers. The Director of the New Jersey Division of Public Welfare adopted the initial decision of the ALJ and affirmed the Board's action. In that case, at the behest of the Board, R.K. commenced a paternity action against F.R., who she said was T.'s father. That action was dismissed when an HLA blood test excluded F.R. as T.'s father. The Court found that if R.K. had been concealing the identity of T.'s father, she would be violating the cooperation requirement of N.J.A.C. 10:81-11.2(a)(3), which requires an AFDC applicant to provide evidence relevant to obtaining child support and which includes information necessary to identify the child's father.