reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 9 - NOTICES AND HEARINGS IN WFNJ › Section 10:90-9.17 - Emergency fair hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An emergency
				fair hearing for purposes of expediting the fair hearing procedure will be
				scheduled when:
1. The fair hearing request
				results from denial by the county or municipal agency of a request for
				emergency assistance made in accordance with the provisions of
				10:90-6.1, or replacement of a
				lost or stolen check has been declined by the county or municipal agency in
				accordance with
				10:90-7.5, and the
				applicant/recipient contends that he or she is without funds or resources;
				and
2. The DFD determines that
				there exists a threat to the health and physical safety of the
				applicant/recipient sufficiently compelling and imminent to require
				acceleration of the fair hearing procedure.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 10 - REFUGEE RESETTLEMENT PROGRAM › Section 10:90-10.1 - Purpose and funding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Refugee
				Resettlement Program (RRP) is a Federally funded program designed to help meet
				the needs of refugees.
(b) Federal
				financial participation for refugees who are single adults or couples without
				dependent children under RRP is 100 percent.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 10 - REFUGEE RESETTLEMENT PROGRAM › Section 10:90-10.2 - Identifying refugees

Current through Register Vol. 56, No. 14, July 15, 2024
An individual is considered a refugee for purposes of RRP if
				  he or she fled from and cannot return to his or her place of national origin
				  because of fear of persecution on account of race, religion or political
				  opinion. Such an individual may be eligible under RRP if he or she is included
				  in one of the statuses granted by the Immigration and Naturalization Service
				  (INS) as delineated at
				  10:90-10.3.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 10 - REFUGEE RESETTLEMENT PROGRAM › Section 10:90-10.3 - INS statuses for RRP

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applicants may
				be eligible for assistance under the RRP if they have been classified in one of
				the following INS statuses:
1. A person from
				any country who has been granted parole status as a refugee or asylee under
				Section 212(d)(5) of the Immigration and Nationality Act (INA) (
				8
				U.S.C. §§
											1101 et seq.) and so
				indicated by INS Form I-94. An "applicant for asylum" is not eligible for
				RRP.
2. A person admitted from any
				country as a conditional entrant under Section 203(a)(7) of the INA and so
				indicated on Form I-94;
3. A person
				from any country admitted as a refugee under Section 207 of the INA and so
				indicated on Form I-94;
4. A person
				from any country who has been granted asylum under Section 208 of the INA and
				so indicated on Form I-94;
5. A
				person from any country who previously held one of the statuses identified in
				(a)1 through 4 above whose status has subsequently been changed to that of
				permanent resident alien. In addition to the required Form I-151 or I-551
				(resident alien forms) showing the status of resident alien, the individual
				must also provide sufficient documentation to substantiate that one of the
				eligible statuses indicated in (a)1 through 4 above was held prior to that of
				resident alien;
6. A person
				identified as an Amerasian from Vietnam with his or her close family members
				admitted in immigrant status under Section 584 of the Foreign Operations
				Appropriations Act, usually with an AM-1, AM-2 or AM-3 annotated on Form I-94.
				The Amerasians will subsequently receive an I-551. The codes used on that form
				will be AM-6, AM-7 or AM-8;
7. A
				Cuban or Haitian national granted parole for humanitarian reasons or in the
				public interest; or a Cuban or Haitian national who applies for asylum; or a
				Cuban or Haitian national who is subject to exclusion or deportation
				proceedings and a final order of deportation or exclusion has not been issued;
				or
8. An alien who is a national of
				Cuba or Haiti and, regardless of the status of the alien at the time the alien
				is an applicant for benefits and services and:
i. Has been granted status as a Cuban/Haitian
				Entrant (Status Pending) on or after April 21, 1980; or
ii. Has been paroled into the United States
				on or after October 10, 1980, unless the alien has been paroled into the United
				States in the custody of a Federal, State or local law enforcement or
				prosecutorial authority, for purposes of criminal prosecution in the United
				States, or solely to testify as a witness in proceedings before a judicial,
				administrative, or legislative body in the United States.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 10 - REFUGEE RESETTLEMENT PROGRAM › Section 10:90-10.4 - Resettlement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Most refugees
				are resettled by a voluntary agency and will have a sponsor. This sponsor,
				which may be an individual, church or organization, shares certain
				responsibilities as a moral commitment with the resettling agency. Such
				responsibilities include: receiving the refugee, helping him or her find food,
				shelter, clothing, furniture, and employment; and assisting the refugee to
				adjust to a new environment.
(b)
				When a sponsor no longer provides adequate financial aid for the refugee, the
				refugee may turn to the county agency for assistance. As part of its regular
				verification process, the county agency shall contact the sponsor and inquire
				as to what, if any, assistance the sponsor may still be providing to the
				refugee and whether the refugee has refused an offer of employment or has
				voluntarily quit a job without good cause. The county agency shall also request
				that such sponsor notify the resettlement agency of these changes in
				circumstances. The county agency shall also promptly notify the resettlement
				agency that the refugee has applied for assistance. In addition, the refugee's
				sponsor or resettlement agency shall be contacted to verify the possible
				existence of any matching grant assistance being provided to the refugee.
				Meanwhile, the county agency shall grant assistance to eligible refugees. Any
				cash assistance to the client from the sponsor or resettlement agency shall be
				treated as unearned income (see
				10:90-3.9(e)  ).
				All contacts with the sponsor and/or resettlement agency shall be recorded in
				the case record (see
				10:90-10.10 ).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 10 - REFUGEE RESETTLEMENT PROGRAM › Section 10:90-10.5 - Termination of RRP: continued eligibility for assistance

Current through Register Vol. 56, No. 14, July 15, 2024
For refugee cases no longer eligible for RRP benefits, the
				  suffix "R" is to be deleted from the case numbers.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 10 - REFUGEE RESETTLEMENT PROGRAM › Section 10:90-10.6 - Eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No United
				States citizen is eligible for RRP and a refugee may be eligible only if he or
				she meets the appropriate definition and INS status in
				10:90-10.2 and 10.3. In addition,
				all refugees whose time limitations have expired will cease to be eligible for
				cash and medical assistance under RRP (see (b) below). Such ineligible refugees
				who are still in need shall, as appropriate, be assisted under WFNJ/GA, either
				at the county agency or referred to the municipal agency via Form WFNJ-14,
				"Referral for Services," giving the reason for referral.
1. For a large extended family group, the
				county agency shall establish a separate assistance unit for each non-WFNJ/GA
				eligible individual or couple in the household.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 10 - REFUGEE RESETTLEMENT PROGRAM › Section 10:90-10.7 - Medical assistance and medical expense spend-down

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Regarding
				Medical assistance, State eligibility standards for Title XIX shall apply to a
				refugee's eligibility for medical assistance except:
1. Requirements for categorical relatedness
				for medical assistance shall not be imposed. Actual receipt of financial
				assistance for living expenses shall not be required as a condition of
				eligibility for medical assistance;
2. The WFNJ allowance standard for the
				appropriate unit size shall constitute the medical assistance financial
				standard. However, the Medicaid "Cap" shall apply to eligible refugees in Title
				XIX-approved facilities;
3. No
				financial resources which are in fact not available to the refugee, including
				resources remaining in the place of national origin owned by a refugee or a
				responsible relative, shall be considered in determining eligibility for
				medical assistance;
4. The income
				and resources of sponsors, and in-kind services and shelter provided to
				refugees by their sponsors, shall not be considered in determining eligibility
				for medical assistance;
5. All
				refugees who have been in the U.S. for eight months shall no longer be eligible
				for medical or cash assistance under RRP. Any subsequent update to this
				eligibility period for medical or cash assistance under RRP will be published
				as public notice by the Department of Human Services in the New Jersey Register
				(see 10:90-10.6(b) 
				);
6. WFNJ/GA type refugees who
				lose eligibility for financial assistance due to increased earnings are
				eligible for Medicaid extension for up to eight months. This eight month
				extension is only allowable during the refugee's first eight months in the
				country. In cases where a refugee obtains private medical coverage, any payment
				of refugee medical assistance for that individual must be reduced by the amount
				of the third party payment;
7. A
				refugee is not required to actually receive or apply for refugee cash
				assistance as a condition of eligibility for refugee medical
				assistance;
8. Determination of
				eligibility for refugee medical assistance (RMA), shall be based on the
				applicant's income and resources on the date of application, rather than on a
				refugee's income averaged prospectively over the RMA application processing
				period. A newly arrived refugee, who applies for RMA soon after arrival and
				becomes employed within the first 30 days in the U.S. subsequent to filing the
				RMA application, shall not lose RMA eligibility; and
9. Cash assistance payments made under the
				publicly administrative Refugee Cash Assistance (RCA) program, the Department
				of State's Reception and Placement program, the Matching Grant program, a
				Wilson/Fish Alternative project, and the public/private RCA program shall not
				be considered in determining eligibility for refugee medical
				assistance.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 10 - REFUGEE RESETTLEMENT PROGRAM › Section 10:90-10.8 - Social services

Current through Register Vol. 56, No. 14, July 15, 2024
Referral and information about other services available in
				  the community should be offered to refugees regardless of their eligibility for
				  financial assistance.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 10 - REFUGEE RESETTLEMENT PROGRAM › Section 10:90-10.9 - Fair hearings

Current through Register Vol. 56, No. 14, July 15, 2024
The procedures and provisions for fair hearings in N.J.A.C.
				  10:90-9 shall apply in RRP.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 10 - REFUGEE RESETTLEMENT PROGRAM › Section 10:90-10.10 - Case records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A separate
				record shall be established for each individual or family receiving assistance.
				For continuing cases, all changes in the status of each case and the dates on
				which changes occurred shall be recorded. For inactive cases, since RRP is
				Federally financed, the case records are considered Federal records. Therefore,
				they cannot be disposed of in the same manner that the county agency disposes
				of case records for other inactive public assistance cases. Accordingly, the
				records for closed refugee cases shall be retained until a Federal audit is
				completed.
(b) Each case record
				shall contain:
1. The alien registration
				number as it appears on Form I-94 issued by INS;
2. The name and address of the refugee's
				sponsor (if known);
3.
				Documentation of contacts with the sponsor and/or resettlement agency;
				and
4. The date of entry into the
				U.S.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 11 - INTENTIONAL PROGRAM VIOLATION › Section 10:90-11.1 - Definition of intentional program violation (IPV)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Intentional
				program violation (IPV) is any statement or act by an individual for the
				purpose of establishing or maintaining the assistance unit's eligibility for
				WFNJ assistance, for increasing or preventing a reduction in the WFNJ
				assistance, or to prevent denial or termination of WFNJ assistance, which is
				intentionally: a false or misleading statement or misrepresentation,
				concealment, or withholding of facts; or an act intended to mislead,
				misrepresent, conceal, withhold facts, or to propound a falsity.
1. "WFNJ assistance" is defined, for this
				purpose, as WFNJ/TANF or WFNJ/GA cash assistance, WFNJ emergency assistance,
				WFNJ child care benefits, WFNJ special payments, WFNJ temporary rental
				assistance, or WFNJ transportation or work-related allowances or
				reimbursements.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 11 - INTENTIONAL PROGRAM VIOLATION › Section 10:90-11.2 - Methods of determining IPV

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The county or
				municipal agency shall proceed against any individual member of an WFNJ
				assistance unit, regardless of WFNJ payment status, who it believes has
				committed IPV. The county or municipal agency may secure a finding of IPV
				either through an administrative disqualification hearing conducted by the
				Office of Administrative Law (OAL), or a court of appropriate jurisdiction. In
				proceeding against any such individual, the county or municipal agency shall
				coordinate the IPV investigation and any resultant hearing with any action
				being taken under the NJ SNAP program, when the factual issue(s) arises from
				the same or related circumstances. A finding of IPV may also be made if the
				accused signs either the waiver of right to an administrative disqualification
				hearing (10:90-11.4 ), or a
				disqualification consent agreement (10:90-11.9 ).
(b) A referral for an administrative
				disqualification hearing or referral to a court of appropriate jurisdiction
				shall be initiated by the county or municipal agency whenever the county or
				municipal agency has sufficient documentary evidence to substantiate that an
				individual has intentionally committed one or more acts of IPV, as defined at
				10:90-11.1, regardless of the
				current eligibility of the individual.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 11 - INTENTIONAL PROGRAM VIOLATION › Section 10:90-11.3 - Referral for administrative disqualification hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Referral for an
				administrative disqualification hearing shall be made:
1. When the facts of the case do not warrant
				prosecution through the court system;
2. When a case previously referred for
				prosecution is declined by the appropriate legal authority; or
3. When no action has been taken on a case
				which has been referred for prosecution and the county or municipal agency has
				decided to formally withdraw the referral.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 11 - INTENTIONAL PROGRAM VIOLATION › Section 10:90-11.4 - Waiver of right to administrative disqualification hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The accused
				individual shall have the option of waiving his or her right to an
				administrative disqualification hearing. The county or municipal agency shall
				provide written notification of this option to the client only after ensuring
				that the evidence against the client has been reviewed by someone other than
				the eligibility worker assigned to that case and that such evidence warrants
				the scheduling of a disqualification hearing. A mandatory written notification,
				which informs the individual of the option of waiving his or her right to a
				disqualification hearing, shall include:
1.
				The date that the signed waiver must be received by the county or municipal
				agency to avoid the holding of a hearing and a signature block for the accused
				individual;
2. A statement
				explaining that the caretaker relative must likewise sign the waiver if the
				accused individual is not the caretaker relative;
3. An appropriately designated signature
				block for the caretaker relative;
4. A statement explaining the accused
				individual's right to remain silent concerning the charge(s), and that anything
				said or signed by the individual concerning the charge(s) can be used against
				him or her in a court of law;
5. A
				statement explaining that waiver of the individual's right to appear at a
				disqualification hearing may result in a disqualification penalty and a
				reduction in the assistance payment for the appropriate period, even if the
				accused individual does not admit to the facts as presented by the county or
				municipal agency;
6. A statement
				indicating that the accused individual shall be provided the opportunity to
				specify whether or not he or she admits to the facts as presented by the county
				or municipal agency; and
7. The
				telephone number and, if possible, the name of the person at the county or
				municipal agency to contact for additional information.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 11 - INTENTIONAL PROGRAM VIOLATION › Section 10:90-11.6 - Participation while awaiting a hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A pending
				administrative disqualification or court hearing shall not affect the
				individual's right to participate in the program. Since the county or municipal
				agency cannot disqualify an individual for IPV until the hearing or court
				decision establishes that the individual has committed IPV, the county or
				municipal agency shall determine the eligibility of the individual based on the
				individual's current circumstances.
(b) The county or municipal agency shall
				reduce or terminate the individual's assistance if the county or municipal
				agency has documentation which substantiates that the individual is either
				ineligible or eligible for a lesser amount of assistance benefits. This
				provision applies even if the same evidence leads to the suspicion of IPV and
				the scheduling of a disqualification hearing. For example, the county or
				municipal agency may have facts which substantiate that the individual failed
				to report a change in his or her circumstances even though the county or
				municipal agency has not yet demonstrated that the failure to report involved
				an act of IPV. If the county or municipal agency reduces or terminates the
				individual's assistance before or after the scheduling of an IPV hearing, the
				individual has the right to request a fair hearing and to continue
				participation in the program pending the outcome of that fair hearing, in
				accordance with
				10:90-9.3(e),
				notwithstanding a pending hearing to determine whether the individual committed
				IPV.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 11 - INTENTIONAL PROGRAM VIOLATION › Section 10:90-11.7 - No further administrative appeal

Current through Register Vol. 56, No. 14, July 15, 2024
No further administrative appeal procedure exists beyond the
				  signing of a waiver of the right to a disqualification hearing by the accused
				  individual, or an adverse decision following a disqualification hearing. The
				  disqualification penalty cannot be reversed by a subsequent fair hearing
				  decision. The individual, however, is entitled to seek relief in a court having
				  appropriate jurisdiction. The period of disqualification may be subject to a
				  stay by a court of appropriate jurisdiction or other injunctive remedy.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 11 - INTENTIONAL PROGRAM VIOLATION › Section 10:90-11.8 - Referral of IPV cases for prosecution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) County or
				municipal agencies are encouraged to refer for prosecution those individuals
				suspected of intentionally making false or misleading statements or concealing
				or withholding facts for the purpose of receiving WFNJ assistance.
(b) The county or municipal agency shall
				confer with its legal representative to determine the types of cases which will
				be accepted for possible prosecution.
(c) The county or municipal agency shall also
				encourage prosecutors to recommend to the courts that a disqualification
				penalty be imposed in addition to any other civil or criminal penalties for
				such violations.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 11 - INTENTIONAL PROGRAM VIOLATION › Section 10:90-11.9 - Disqualification consent agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual
				accused of IPV who is referred to a court of appropriate jurisdiction but for
				whom no determination of guilt is obtained due to the accused individual having
				met the terms of a court order, or who is not prosecuted due to the fact that
				the accused individual has met the terms of an agreement with the prosecutor,
				shall be allowed to sign a disqualification consent agreement. The county or
				municipal agency shall make arrangements with the county prosecutor to provide
				advance written notification to the individual of the consequences of
				consenting to disqualification as a result of deferred adjudication and to
				include the disqualification consent agreement in agreements between the
				prosecutor and the accused individual or in the court order.
(b) The advance notice and agreement shall
				include, at a minimum:
1. A statement of
				understanding for the accused to sign which states that the accused understands
				the consequences of consenting to IPV, along with a statement explaining that
				the caretaker relative must likewise sign the consent agreement if the accused
				individual is not the caretaker relative, with an appropriately designated
				signature block for that relative and/or the accused individual;
2. A statement indicating that signing the
				agreement will result in disqualification and a reduction in payment to the
				assistance unit during the period of disqualification, even though the accused
				individual was not found guilty of civil or criminal misrepresentation or
				fraud; and
3. A warning statement
				indicating the disqualification penalties imposed for IPV under the WFNJ
				Program. Those penalties include a six-month disqualification for the first
				violation, a 12-month disqualification for the second violation and permanent
				disqualification for the third violation. An additional statement must further
				explain the specific penalty imposed as a result of the accused individual
				having consented to disqualification.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 11 - INTENTIONAL PROGRAM VIOLATION › Section 10:90-11.10 - Reversed IPV disqualifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In cases where
				the determination of guilty of IPV is reversed by a court of appropriate
				jurisdiction, the county or municipal agency shall reinstate the individual in
				the program if the assistance unit is otherwise eligible for WFNJ
				benefits.
(b) The county or
				municipal agency shall restore any benefits to the eligible WFNJ assistance
				unit that were lost as a result of the disqualification of the individual, in
				accordance with the procedures specified in N.J.A.C. 10:90-2.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 11 - INTENTIONAL PROGRAM VIOLATION › Section 10:90-11.11 - IPV disqualification penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) IPV
				disqualification penalties affect only the individual found to have committed
				IPV; those penalties are not applied against the entire assistance unit.
				Individuals found to have committed IPV either through an administrative
				disqualification hearing or by a court of appropriate jurisdiction (not
				including pre-trial intervention), or who have signed either a waiver of right
				to an administrative disqualification hearing or a disqualification consent
				agreement in cases referred for prosecution, shall be ineligible to participate
				in the program as follows:
1. For a period of
				six months for the first violation;
2. For a period of 12 months for the second
				violation; and
3. Permanent
				disqualification for the third violation.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 11 - INTENTIONAL PROGRAM VIOLATION › Section 10:90-11.13 - County or municipal agency IPV administrative procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The county or
				municipal agency must conduct an investigation of an allegation that an
				individual has committed IPV. The county or municipal agency is responsible for
				determining whether there is a basis in fact for believing that IPV may have
				been committed so that referral to the county prosecutor or other proper law
				enforcement official for legal action is justified. The action taken by the law
				enforcement official following referral determines what further legal action
				shall be pursued. Whether IPV has actually occurred is a question for the
				court. The county or municipal agency director may utilize the power of
				subpoena given him or her by
				44:7-20 to secure testimony and
				records pertinent to the investigation and needed to determine true
				facts.
(b) Each county or municipal
				agency shall develop an operational method to carry out its responsibility
				which is best suited to its administrative structure and to local conditions
				and resources. There must be a clear allocation of duties and functions in the
				total process of investigation, reporting, evaluation, in making the decision
				to refer, and so forth. With respect to the function of investigation, the
				county or municipal agency may select one or a combination of the following
				plans:
1. The county or municipal agency may
				arrange for special investigation of cases of suspected fraud by another
				appropriate agency or official such as office of the county adjustor, the
				probation department, or the office of the county prosecutor, without cost to
				the county or municipal agency.
2.
				The county or municipal agency may elect to have staff carry the responsibility
				for the necessary special investigation in instances of suspected IPV, relying
				upon consultation with county or municipal agency counsel for the technical
				aspects of establishing adequate evidence on which to base a
				decision.
3. Whatever
				administrative plan is adopted, there will be instances where discussion should
				be arranged with county or municipal agency counsel and/or the county or
				municipal prosecutor's office as to the nature and conduct of the
				investigation.
4. Each county or
				municipal agency shall file a detailed description of the administrative plan
				with DFD and shall advise DFD of any subsequent proposed change in the plan
				before it becomes effective.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 12 - PROGRAM ADMINISTRATION, CONSOLIDATION AND PERFORMANCE STANDARDS › Section 10:90-12.1 - Statutory authority

Current through Register Vol. 56, No. 14, July 15, 2024
Rules set forth in this subchapter are promulgated under
				  P.L. 1990, c.66 and
				  P.L.
				  1997, c. 37.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 12 - PROGRAM ADMINISTRATION, CONSOLIDATION AND PERFORMANCE STANDARDS › Section 10:90-12.2 - Authority of the Commissioner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commissioner of the Department of Human Services is obligated to ensure that
				the benefits provided under the WFNJ program, administered by county or
				municipal agencies throughout the State, are issued to eligible persons in an
				accessible, efficient and equitable manner.
(b) The Commissioner has the authority to
				establish and enforce rules, regulations, and directives, including incentives
				and sanctions, to ensure that public assistance agencies provide WFNJ/GA
				benefits to eligible recipients in a manner consistent with State
				law.
(c) The Commissioner has the
				authority to require the municipality to transfer its administration of WFNJ/GA
				to the county. (See
				10:90-12.5(c).)
(d) The Commissioner has the authority to
				assume direct administration of and operation of any county (see
				10:84-1.1 ) or municipal agency
				operation when it is determined that the county or municipality substantially
				failed to administer the WFNJ program in accordance with State law.
(e) The Commissioner has the authority to
				review and approve county and municipal welfare agency budgets.
(f) The Commissioner has the authority to
				recoup any overpayments or payments issued to ineligible individuals identified
				through an audit or during a routine or special performance
				evaluation.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 12 - PROGRAM ADMINISTRATION, CONSOLIDATION AND PERFORMANCE STANDARDS › Section 10:90-12.3 - Transfer of administration of the WFNJ/GA program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				administration of the WFNJ/GA program shall be transferred from each
				municipality in a county to the county for administration on or after January
				1, 1998 unless the governing body of a municipality declines the transfer via
				passage of a resolution. Passage of the resolution must occur no later than
				January 1, 1998.
1. The resolution shall
				include a clear and concise explanation of the reasons why the governing body
				elects to retain the program.
2. A
				copy of the resolution adopted by the local municipal governing body shall be
				filed with the Division of Local Government Services (DLGS) in the Department
				of Community Affairs (DCA) within three days after its passage and a copy shall
				be concurrently sent to the Division of Family Development (DFD).
3. An implementation plan shall be submitted
				to DFD regarding the operation of the WFNJ/GA program and the plan shall
				include the following details:
i. A detailed
				explanation fully elaborating upon exactly how the municipality shall comply,
				within the timeframes specified by the Commissioner, with all the automated
				systems' requirements as defined by the DFD, including, but not limited to,
				Electronic Benefit Transfer (EBT), and an automated client data base;
ii. An assurance that the WFNJ/GA municipal
				program shall operate and that staff coverage shall be provided at all times as
				specified at
				10:90-12.4(a)1;
				and
iii. A binding acknowledgment
				that arrangements to handle after-hours emergencies shall be in place as
				specified by the Commissioner.
4. Once the administration of the WFNJ/GA
				program is transferred from a municipality to the county, the county shall have
				complete and exclusive control over the operation of the program subject to the
				rules established by and the oversight of DFD.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 12 - PROGRAM ADMINISTRATION, CONSOLIDATION AND PERFORMANCE STANDARDS › Section 10:90-12.4 - Municipalities that continue to administer WFNJ/GA

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Municipalities
				that continue to administer the WFNJ/GA program shall:
1. Provide for the municipal office
				administering the WFNJ/GA program to be open a minimum of three hours a day,
				Monday through Friday, and to be accessible to the public seven hours a day,
				Monday through Friday, to take applications for assistance and to provide
				emergency assistance, and maintain a system approved by DFD to cover
				emergencies 24 hours a day;
2.
				Provide for the issuance of cash assistance benefits, in accordance with these
				regulations, by paper check, electronic benefit distribution, or other
				appropriate means approved by the Commissioner;
3. Report all required case data and
				financial information regarding the WFNJ/GA program to the Commissioner through
				the electronic means specified by the Commissioner and in accordance with the
				timeframes/timelines established by the Commissioner;
4. Issue photo identification cards for each
				client at the municipality's option in order to facilitate benefit
				transactions; and
5. Establish and
				maintain a sufficient number of affiliation agreements with local human
				services agencies for shelter and other services to timely meet clients'
				needs.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 12 - PROGRAM ADMINISTRATION, CONSOLIDATION AND PERFORMANCE STANDARDS › Section 10:90-12.5 - Evaluating county/municipal agency performance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To ensure that
				WFNJ/GA program benefits are being provided to eligible individuals in an
				accessible and efficient manner, the performance of the county and municipal
				agency shall be assessed by the DFD through prescribed routine performance
				evaluation activities or, as warranted, through special performance evaluation
				activities. Assessable areas to be used by DFD for routine performance
				evaluation purposes shall correspond to the requirements set forth throughout
				this chapter in the following areas:
1.
				Procedures on the administration of the WFNJ/GA program are as follow:
i. Evaluation as to whether WFNJ/GA
				applications and interviews have been completed;
ii. Evaluation as to whether all necessary
				case file data has been maintained;
iii. Evaluation as to whether required
				verifications of eligibility factors have been completed as
				prescribed;
iv. Evaluation as to
				whether the case processing and redeterminations of eligibility and ongoing
				verifications have been completed as prescribed, including, but not limited to:
(1) Monthly reviews, where applicable;
				and
(2) Redeterminations of
				eligibility;
v.
				Evaluation as to whether individual responsibility plans are
				completed;
vi. Evaluation of the
				timeliness and adequacy of adverse action notifications;
vii. Evaluation of the timeliness and
				accuracy of the submittal of county or municipal budget for approval;
viii. Evaluation of the adequacy and
				correctness of the tracking mechanisms utilized to monitor compliance with the
				60 month cumulative lifetime limit of receipt of cash assistance;
ix. Evaluation of the adequacy and
				correctness of the tracking systems in place to monitor and record required
				work activity and work requirements history and information;
x. Evaluation of the adequacy of the
				automated system; and
xi.
				Evaluation of the accuracy and timeliness of the transmittal of information to
				the automated client data base;
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 12 - PROGRAM ADMINISTRATION, CONSOLIDATION AND PERFORMANCE STANDARDS › Section 10:90-12.6 - State fair hearings for action of the State to transfer WFNJ/GA from the municipality to the county

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				municipality that wishes to appeal a decision by the State to transfer
				municipal WFNJ/GA operations to the county is entitled to request a State fair
				hearing within 10 days of the mailing date of the notice advising of the
				impending State action. The request shall be made, in writing, to DFD's Bureau
				of Administrative Review and Appeals (BARA) by the municipal agency director,
				or by a representative of the municipal governing authority.
1. When a request is received by BARA, it
				shall immediately be registered as of that date.
2. All hearing requests shall be transmitted
				to the Office of Administrative Law (OAL) for a hearing before an
				Administrative Law Judge (ALJ).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 12 - PROGRAM ADMINISTRATION, CONSOLIDATION AND PERFORMANCE STANDARDS › Section 10:90-12.7 - State fair hearings for action of the State to assume administration of WFNJ/GA from the county

Current through Register Vol. 56, No. 14, July 15, 2024
Refer to
				  10:84-1.5 for any county that
				  wishes to appeal a decision by the State to assume administration of
				  WFNJ/GA.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 12 - PROGRAM ADMINISTRATION, CONSOLIDATION AND PERFORMANCE STANDARDS › Section 10:90-12.8 - Obligation to provide assistance

Current through Register Vol. 56, No. 14, July 15, 2024
It is the basic obligation of every municipality in the
				  State, which elects to continue to administer the WFNJ/GA program, to provide
				  financial assistance and medical care, to the extent established by State
				  regulations and as State resources permit, for all eligible persons living in
				  that community who are in need.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 12 - PROGRAM ADMINISTRATION, CONSOLIDATION AND PERFORMANCE STANDARDS › Section 10:90-12.9 - Organization of local assistance board

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				municipality that chooses to maintain its operation of the WFNJ/GA program
				through adoption of a resolution shall organize a local assistance board (LAB);
				specify the composition of the board and the terms of the office; empower the
				LAB to appoint a director of welfare; and appoint any other necessary
				employees. These requirements are mandatory upon every municipality. Where the
				organization of a LAB is not a requirement under a Faulkner Act municipality,
				the entity or official designated to serve instead of the LAB should be so
				recognized. Therefore, the designated alternate shall represent in meaning, the
				LAB as set forth throughout this chapter, except in LAB membership composition,
				appointment of agency director and/or other duties that are not appropriate
				under such structure.
1. Municipalities
				governed under an optional form of government pursuant to the Faulkner Act are
				referred to in this chapter as Faulkner Act municipalities. During the
				transition period to such optional form, the municipal governing body will
				determine whether the LAB is to be continued or abolished and will act
				accordingly. After the transition period, the governing body may abolish the
				LAB only by adoption of the appropriate ordinance.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 12 - PROGRAM ADMINISTRATION, CONSOLIDATION AND PERFORMANCE STANDARDS › Section 10:90-12.10 - Appointment of employees

Current through Register Vol. 56, No. 14, July 15, 2024
Employees for the municipal agency shall be appointed by the
				  governing body in accordance with municipal ordinances and in numbers adequate
				  for the proper administration of the WFNJ/GA program. While the LAB shall
				  appoint the agency director, the municipal governing body is responsible for
				  the appointing of department staff.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 12 - PROGRAM ADMINISTRATION, CONSOLIDATION AND PERFORMANCE STANDARDS › Section 10:90-12.11 - Establishment of Public Assistance Trust Fund Account

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The governing
				body of the municipality shall establish a bank account titled "Public
				Assistance Trust Fund Account," with the municipal treasurer or other
				designated official as custodian (see
				10:90-14.3 ).
(b) The governing body of the municipality
				may, at the request of the LAB, establish a Public Assistance Petty Cash Fund
				Account. Such fund shall be established and operated in accordance with
				10:90-14.3.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 13 - MEDICAL SERVICES FOR WFNJ SINGLE ADULTS AND COUPLES WITHOUT DEPENDENT CHILDREN › Section 10:90-13.1 - Medical services for WFNJ/GA recipients

Current through Register Vol. 56, No. 14, July 15, 2024
Medical services for WFNJ/GA recipients (excluding those
				  residing in a nursing facility) shall be provided by NJ FamilyCare (see
				  N.J.A.C. 10:49). For travel costs for medical care for WFNJ/GA recipients see
				  10:90-13.4.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 13 - MEDICAL SERVICES FOR WFNJ SINGLE ADULTS AND COUPLES WITHOUT DEPENDENT CHILDREN › Section 10:90-13.2 - Payment of medical service claims for WFNJ/GA recipients residing in a nursing facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Claims
				resulting from medical services provided to WFNJ/GA recipients residing in a
				nursing facility, on or after February 1, 1997, shall be processed and paid by
				the New Jersey Division of Medical Assistance and Health Services (DMAHS)
				through its fiscal agent, in accordance with the rules appropriate for the
				services rendered (see N.J.A.C. 10:49). Payment of claims submitted to the
				fiscal agent for medical services covered under the WFNJ/GA program shall be
				based upon the Medicaid reimbursement methodology for the respective services.
				Those medical services identified at (a)2 below shall not be considered
				eligible for payment by the fiscal agent for WFNJ/GA program purposes.
1. Medical service claims with service dates
				on or after February 1, 1997 shall be submitted directly to the fiscal agent by
				the medical provider/vendor for payment processing. The original claim must be
				received by the fiscal agent within the time frame of one year from the date
				the service was rendered or the product was provided. If the original claim is
				not received by the fiscal agent within the one year time frame the claim shall
				not be processed for payment.
i. The
				provider/vendor shall direct all concerns relating to the payment or processing
				of WFNJ/GA medical service claims to the fiscal agent.
(1) A provider/vendor may, however, contact
				the agency in which the WFNJ/GA recipient is receiving assistance to ascertain
				information concerning WFNJ/GA policies, coverage of services and/or
				eligibility.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 13 - MEDICAL SERVICES FOR WFNJ SINGLE ADULTS AND COUPLES WITHOUT DEPENDENT CHILDREN › Section 10:90-13.3 - Obtaining medical services for WFNJ/GA recipients residing in a nursing facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				county/municipality shall provide the WFNJ/GA recipient residing in a nursing
				facility with a current validation card or letter which will be utilized to
				obtain treatment by a Medicaid participating provider/vendor. The agency shall
				supply a validation card or letter to each WFNJ/GA recipient at time of opening
				or reopening of the case and monthly thereafter to ensure validity through all
				periods of assistance eligibility. The size and layout of the validation card
				or letter are optional. Each card or letter must contain, at a minimum:
1. The name, address, phone number and
				four-digit municipality code of the agency;
2. The first and last name(s) of the
				client(s) for whom the card or letter applies;
3. The required six-digit case number and
				two-digit person number. If the case number does not contain six digits, zeros
				are to be placed in the front of the case number to accommodate the entry. A
				two-digit person number (that is, 01, 02, and so forth) must be used to
				identify the person in the eligible unit for whom the services are to be
				provided. The person number 01 should be used to reflect the person whose name
				appears on the case name and person number 02 reflects the person who resides
				with the case name person in a marital relationship or who represents
				themselves as a couple to the community;
4. The expiration date;
5. A notice to client as follows: This
				validation form indicates eligibility for WFNJ/GA benefits and is to be
				presented to the Medicaid participating provider when you require medical
				services; and
6. A notice to
				Medicaid participating provider/vendor as follows: Please complete the
				appropriate claim form according to Medicaid policies and procedures and
				forward the claim directly to the Medicaid fiscal agent for claim processing
				and payment.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 13 - MEDICAL SERVICES FOR WFNJ SINGLE ADULTS AND COUPLES WITHOUT DEPENDENT CHILDREN › Section 10:90-13.4 - Travel costs for medical care

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				county/municipal agency shall authorize payment for travel costs necessary for
				the receipt of health services, provided that such transportation is not
				otherwise available without cost.
1. To the
				extent possible, such services shall be purchased directly from the vendor.
i. Payment may be made directly to the
				recipient when prior authorization for the expenditure has been obtained from
				the agency.