reglab/statecodes huggingface dataset:
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 10:90-13.5 - Nursing facility payments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The agency
				director shall authorize payments for patient care and allow for a personal
				needs allowance (PNA) for those clients who were residing in a non-Medicaid
				nursing facility on or prior to June 30, 1995 when a physician certifies that
				the client has a defect, disease, or impairment (other than psychosis) which
				necessitates such care, the client is not eligible for Medicaid, or for nursing
				facility services under the Medically Needy Program, and there is no person
				available who will provide such care without cost to the client. Those WFNJ/GA
				recipients shall continue to receive WFNJ/GA nursing facility benefits until
				such time as the WFNJ/GA nursing facility benefits are no longer required, or
				when the client is no longer eligible to receive such WFNJ/GA benefits as long
				as the client remains in the same non-Medicaid nursing facility.
1. Physician certification shall be
				accomplished by means of Form GA-18, Certification of Need for Patient Care in
				Facility Other than Public or Private General Hospital. This form shall be
				completed in duplicate, by the attending or staff physician and the operator or
				superintendent of the appropriate facility. One copy shall be submitted to DFD
				for determination of nursing facility care and subsequently, filed in the case
				record and the other copy shall be retained by the nursing facility or
				institution.
2. Payment to the
				non-Medicaid facility shall not exceed the rates established by DFD for that
				facility. The county/municipality shall contact DFD to obtain the per diem rate
				for room, board and nursing care. A PNA of $ 35.00 per month shall be allowed
				to the resident.
i. To determine the all
				inclusive rate the agency shall be authorized to pay the non-Medicaid nursing
				facility, the agency shall calculate the non-Medicaid facility rate established
				by the DFD, times the number of days of care for the month, less the payment by
				or on behalf of the client. Each month the agency will obtain a current bill
				for all services rendered during the previous month.
(1) The agency shall authorize per diem
				payments for periods of up to 10 days during which the client is temporarily
				absent from the facility for hospitalization, or for periods of up to 25 days
				in a calendar year for therapeutic visits.
ii. Prescription drugs, laboratory, x-ray,
				physician, dental, podiatry services and supplies are not included in the
				nursing facility per diem rate. Payment for such services rendered shall be
				paid directly to the provider by the fiscal agent in accordance with the rules
				and regulations appropriate for the services rendered (see N.J.A.C.
				10:49).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 14 - FISCAL PROCEDURES FOR WFNJ SINGLE ADULTS AND COUPLES WITHOUT DEPENDENT CHILDREN (WFNJ/GA) › Section 10:90-14.1 - Statutory authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Under the
				provisions of
				44:8-111, the Commissioner is
				empowered to make and to enforce rules and regulations governing the provision
				of WFNJ/GA.
(b) Further,
				44:8-112 provides that the
				Commissioner may require keeping of records and submission of reports, and
				investigate the administration of public assistance within each municipality.
1. In accordance with the foregoing
				authority, this chapter sets forth the fiscal regulations, procedures and
				policies which must be uniformly observed in the administration of WFNJ/GA by
				counties/municipalities in order to qualify for State aid.
2. All agencies must comply with current
				fiscal procedures as established by the Division of Local Government Services
				in the Department of Community Affairs and other applicable accounting and
				internal control procedures.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 14 - FISCAL PROCEDURES FOR WFNJ SINGLE ADULTS AND COUPLES WITHOUT DEPENDENT CHILDREN (WFNJ/GA) › Section 10:90-14.2 - State financial participation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance
				with P.L. 1990, c.66, the amount of State aid for WFNJ/GA which an approved
				county/municipality may receive shall equal 100 percent of the amount of
				county/municipal funds approved for public assistance.
(b) The State shall reimburse the county for
				100 percent of the administrative costs incurred for providing cash assistance
				benefits to eligible single adults and couples without dependent children up to
				the maximum amount allocated for that county by the Commissioner within the
				limits of available funds.
(c) A
				municipality which continues to administer WFNJ/GA pursuant to the provisions
				of P.L.
				1997, c. 37, shall be
				responsible for all administrative costs of providing benefits to eligible
				single persons and couples without dependent children.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 14 - FISCAL PROCEDURES FOR WFNJ SINGLE ADULTS AND COUPLES WITHOUT DEPENDENT CHILDREN (WFNJ/GA) › Section 10:90-14.5 - Reimbursement of assistance for cases pending SSI entitlement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A contractual
				agreement between the Social Security Administration (SSA) and the State of New
				Jersey provides for reimbursement to DFD for assistance granted to individuals
				while awaiting an initial SSI eligibility determination or during the period of
				time in which a client is awaiting a reinstatement of terminated or suspended
				SSI benefits. In such instances, the SSA/District Office (DO) may refer such
				persons to the agency for WFNJ/GA.
(b) When the SSA/DO refers an individual to
				the county/municipal agency, such referral shall be made on the form entitled
				Social Security Referral for Services, two copies of which shall be given to
				the client to take to the agency.
1. If the
				application for WFNJ/GA results in denial, the county/ municipal agency shall
				file both copies of the referral form in the case record and take no further
				action. If the application for WFNJ/GA is approved, one copy of the referral
				form shall be retained by the agency in the case record, and the other returned
				to the SSA/DO with a letter stating that the individual concerned is receiving
				WFNJ/GA.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 14 - FISCAL PROCEDURES FOR WFNJ SINGLE ADULTS AND COUPLES WITHOUT DEPENDENT CHILDREN (WFNJ/GA) › Section 10:90-14.6 - Retention and destruction of case records

Current through Register Vol. 56, No. 14, July 15, 2024
(a)The agency
				director shall have the responsibility of determining which case records may be
				destroyed. In selecting these cases, he or she shall follow the procedures set
				forth in this section and shall not destroy or otherwise dispose of any case
				record before the expiration of the retention requirement as specified in (c)
				below.
1. The agency shall institute a
				system, compatible with its internal administrative procedures, which will
				assure the identification of closed applications and cases, date of closing and
				status of reimbursement, if applicable.
2. The file of closed cases shall be reviewed
				annually until the record retention period has expired.
i. Cases which have been closed for a period
				exceeding that indicated in (c) below shall be removed and destroyed after
				authorization has been received from the Division of Archives and Records
				Management (DARM) (see (b) below).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 14 - FISCAL PROCEDURES FOR WFNJ SINGLE ADULTS AND COUPLES WITHOUT DEPENDENT CHILDREN (WFNJ/GA) › Section 10:90-14.7 - Computerized match reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Agencies shall
				complete an investigation of the following computerized match reports and
				submit their findings, along with an indication as to the appropriate action
				undertaken, to DFD within 60 days of receipt:
1. WFNJ/GA-Wage Match Report: A match of the
				WFNJ/GA files with the Department of Labor's wage files. The WFNJ/GA-Wage Match
				Reports are sent to all municipalities or counties, as appropriate, on a
				quarterly basis;
2. WFNJ/GA-SSI
				Match Report: A match of the WFNJ/GA files with the (SDX) State Data Exchange
				which lists all SSI recipients.
i. The
				WFNJ/GA-SSI Match Report is sent to agencies on a monthly basis;
3. WFNJ/GA-WFNJ/GA Match Report: A
				match of all municipalities matched against each other.
i. The WFNJ/GA-WFNJ/GA Match Report is sent
				to agencies on a monthly basis;
4. WFNJ/GA-FAMIS Match Report: A match of all
				WFNJ/GA cases matched against the FAMIS (county agency) files.
i. The WFNJ/GA-FAMIS Match Report is sent to
				agencies on a monthly basis;
5. WFNJ/GA-UIB Match Report: A match of the
				WFNJ/GA cases with the Department of Labor's Unemployment Insurance Benefits
				files. The WFNJ/GA-UIB Match Reports are sent to the agencies on a monthly
				basis;
6. WFNJ/GA-NY State Wage
				Files Match Report: A quarterly match of the WFNJ/GA cases with NY State Wage
				Files; and
7. WFNJ/GA-Veterans
				Benefits Match Report: An annual match of WFNJ/GA cases with Veterans'
				benefits.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 14 - FISCAL PROCEDURES FOR WFNJ SINGLE ADULTS AND COUPLES WITHOUT DEPENDENT CHILDREN (WFNJ/GA) › Section 10:90-14.8 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 16 - CHILD SUPPORT AND PATERNITY › Section 10:90-16.1 - Introduction

Current through Register Vol. 56, No. 14, July 15, 2024
(a)P.L. 93-647
				establishes Title IV-D of the Social Security Act, which mandates procedures
				for locating non-custodial parents, establishing paternity for children born
				out-of-wedlock and establishing, enforcing and/or modifying support obligations
				owed by non-custodial parents to their children. Title IV-D services with
				regard to paternity determinations and support collections shall be available
				to a WFNJ individual, a Medicaid individual, a Title IV-E individual or any
				other individual not receiving WFNJ who files an application for child support
				services.
(b) The WFNJ program is
				designed to promote self-sufficiency. Support collections are a vital financial
				resource to all individuals attempting to attain and/or maintain
				self-sufficiency. Applicant/recipient cooperation with the county welfare
				agency child support unit (CWA/CSU) is a necessary step in obtaining support
				collections. Child support cooperation is an interactive ongoing process based
				on individual case circumstances. The applicant/recipient has a continuing
				responsibility to provide all necessary and new information available to them.
				The CWA/CSU is responsible for assisting the clients in obtaining information
				in its efforts to make paternity determinations and to obtain support
				collections from their responsible parent(s).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 16 - CHILD SUPPORT AND PATERNITY › Section 10:90-16.3 - Cooperation in good faith in establishing paternity and support

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The cooperation
				requirement herein is applicable pursuant to the Work First New Jersey Act,
				P.L.
				1997, c. 14.
(b) Applicants/recipients of WFNJ/TANF are
				required to cooperate in good faith as defined at
				10:90-16.4 with the CWA/CSU unit
				to establish parentage and establish, modify and enforce child support orders,
				subject to good cause exceptions as set forth at
				10:90-16.5.
(c) Cooperation in good faith for WFNJ/TANF
				applicants/recipients shall include, but is not limited to, providing the
				CWA/CSU with information related to the non-custodial parent as specified at
				10:90-16.4(b) and
				(c). The CWA/CSU shall conduct an
				investigation based upon the information provided in an effort to identify and
				locate non-custodial parents, establish parentage and establish, modify and/or
				enforce child support orders. If an applicant/recipient of WFNJ/TANF fails to
				cooperate by not providing the necessary information as outlined at
				10:90-16.4(b) 
				and fails to make a good faith effort as outlined at
				10:90-16.4(c), or
				fails to meet the criteria for continuing cooperation as outlined at
				10:90-16.4(e),
				and good cause for failure to cooperate is not established, the CWA/CSU shall
				notify the WFNJ/TANF applicant/recipient that a determination of
				non-cooperation shall be made unless he or she takes certain specified actions
				to cooperate.
(d) A WFNJ/GA
				applicant/recipient shall be required to cooperate in good faith with the child
				support requirements by identifying his or her children and their respective
				custodial parent(s) and by providing the custodial parents address, date of
				birth and social security number or by providing all of the requested
				information he or she reasonably can through the completion and the signing of
				the affidavit of cooperation.
1. If an
				applicant/recipient refuses to provide information or sign the affidavit of
				cooperation, a determination of non-cooperation with the WFNJ/GA agency shall
				be made. See
				10:90-16.2(a)2  v
				regarding eligibility for other programs.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 16 - CHILD SUPPORT AND PATERNITY › Section 10:90-16.4 - Good faith effort requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To cooperate, a
				WFNJ/TANF applicant/recipient shall make a good faith effort to provide
				information as outlined in (b) and (c) below. The CWA/CSU worker shall explain
				the child support cooperation requirements, the good faith standard set out in
				(b) and (c) below, and what constitutes a good cause claim as outlined at
				10:90-16.5. An applicant or
				recipient shall be deemed to be making a good faith effort if he or she has
				provided all the information he or she has or can reasonably obtain as required
				by (b) or (c) below. Initial cooperation shall begin with the
				applicant/recipient signing the affidavit of cooperation.
1. The CWA/CSU worker shall access both the
				automated child support system for an existing order and the Paternity
				Opportunity Program Imaging Data Base to determine if a Certificate of
				Parentage (COP) was executed on any of the children for which assistance is
				being sought.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 16 - CHILD SUPPORT AND PATERNITY › Section 10:90-16.5 - Good cause exceptions to cooperation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A WFNJ/TANF or
				Medicaid applicant/recipient has the right to claim a good cause exception from
				the child support requirements at any time during the WFNJ/TANF process when
				compliance with such requirements is not in the best interest of the
				individual, his or her child(ren), and/or family members. A good cause
				exception from the child support requirements is limited to:
1. Past or present situations involving
				family violence or the risk of family violence that affect the individual's
				ability to cooperate with child support requirements currently, including
				domestic violence and sexual assault, because the individual has or fears
				emotional or physical harm will be attempted or inflicted on him or herself
				and/or his or her child(ren) for pursuing child support activity on that
				non-custodial/alleged parent;
2.
				The initiation of adoption proceedings;
3. Parent person situations when the WFNJ
				applicant/recipient is someone other than the parent of the
				child(ren);
4. Certain instances
				involving artificial insemination; and
5. In other unusual circumstances in
				accordance with these rules.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 17 - EARLY EMPLOYMENT INITIATIVE (EEI) › Section 10:90-17.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Consistent with
				the policy of the WFNJ program that seeking and accepting employment is a
				critical element of the program and is one of the primary requirements for
				receipt of cash assistance as outlined in
				10:90-1.1(d), a
				program entitled "Early Employment Initiative (EEI)" has been established. The
				EEI involves mandatory participation by an adult member(s) of an applicant
				family, who meets certain EEI eligibility criteria, in an up-front concentrated
				job search/placement strategy that will provide an opportunity for the family
				to regain independence and self-sufficiency through obtaining unsubsidized
				employment, thereby avoiding receipt of WFNJ/TANF cash assistance. The EEI is
				designed to provide immediate up-front short-term financial investments for
				such EEI eligible applicant families. In return for this up-front assistance,
				the adult member(s) of such families shall be required to cooperate and
				actively participate in the EEI for a minimum period of 15 days to a maximum
				period of up to 30 days (which shall run parallel to the time frame for
				determining WFNJ program eligibility), in accordance with the provisions set
				forth in this subchapter, as a condition of eligibility for the WFNJ/TANF
				program (see
				10:90-2.1(b)1 
				).
(b) If an individual is
				determined EEI eligible in accordance with
				10:90-17.2, and thereafter has a
				change in circumstances placing the family in immediate need prior to the
				expiration of the minimum 15 day participation period, the family shall be
				immediately referred to the WFNJ county agency for an immediate need
				determination. Such individuals shall have been considered to have met their
				EEI participation requirement.
(c)
				Participation in the EEI is subject to the availability of slots at the EEI
				entity. On a daily basis, the WFNJ agency shall confirm the availability of EEI
				slots prior to taking any action concerning determining EEI eligibility. The
				lack of an EEI slot shall not delay the processing of the WFNJ/TANF
				application. When EEI slots are not available, the WFNJ agency shall not screen
				any applicant for participation in the EEI, and participation in the EEI shall
				not be considered an eligibility requirement for those applicants. No further
				action shall be taken by the WFNJ agency to refer such applicants for EEI
				participation during this WFNJ/TANF application process, however, at the time
				of a subsequent reapplication for WFNJ/TANF cash assistance, the family may be
				referred for EEI participation, if applicable.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 17 - EARLY EMPLOYMENT INITIATIVE (EEI) › Section 10:90-17.2 - Determining eligibility for the EEI

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When it has
				been confirmed that EEI slots are available, the county WFNJ agency shall,
				during the WFNJ application interview, determine whether or not the WFNJ/TANF
				adult applicant(s) meets the eligibility criteria for mandatory participation
				in the EEI. More than one adult per family may be determined eligible for
				mandatory participation in the EEI. Eligibility for mandatory EEI participation
				shall be determined if an adult WFNJ/TANF applicant meets all of the following
				criteria:
1. Has a work history that equals
				or exceeds four months of full time employment in the last 12-month
				period;
2. Has at least one
				child;
3. Appears to meet all
				financial and non-financial WFNJ eligibility requirements, including initial
				cooperation with child support, and is considered an eligible candidate for
				receipt of WFNJ cash assistance;
4.
				Is not in immediate need, in accordance with the immediate need provisions at
				10:90-1.3; and
5. Does not meet the criteria for a deferral
				from the work requirements under the WFNJ program (see
				10:90-4.9 ).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 17 - EARLY EMPLOYMENT INITIATIVE (EEI) › Section 10:90-17.3 - EEI participation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For those WFNJ
				adult applicants who meet EEI eligibility criteria at
				10:90-17.2(a) or
				(b), participation in the EEI shall be
				mandatory and non-cooperation shall result in denial of the WFNJ cash
				assistance application for both the applicant and the applicant's entire
				family.
1. EEI participant's shall be required
				to comply with all aspects of the cooperation and participation provisions of
				the EEI, as set forth in this subchapter, unless good cause exists, which
				aspects include, but are not limited to:
i.
				Keeping all scheduled appointments timely;
ii. Giving reasonable notice and explanation
				of the inability to keep an appointment;
iii. Cooperating in the development of an
				WFNJ individual responsibility plan (IRP);
iv. Signing the Early Employment Initiative
				Participation Agreement, and abiding by the provisions of that Agreement, which
				includes the agreement to withdraw the family's WFNJ application effective the
				date unsubsidized employment is secured when the gross earnings from that
				employment, along with any other countable income, of the family, exceed the
				maximum allowable income level for WFNJ financial eligibility; and
v. Contacting the child care resource and
				referral (CCR&R) agency to arrange for post-EEI participation child care
				services, as appropriate.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 18 - SUBSTANCE ABUSE › Section 10:90-18.2 - Referral to the SAI

Current through Register Vol. 56, No. 14, July 15, 2024
(a) WFNJ recipients
				who may be referred for voluntary participation in the SAI, include, but are
				not limited to, the following:
1. WFNJ
				TANF/GA recipients who are pregnant and choose to voluntarily participate in
				the SAI beyond the third trimester, when the recipient is otherwise deferred,
				without the risk of sanction;
2.
				WFNJ TANF/GA recipients who are participating in work or a work activity other
				than substance abuse treatment, self-identify a substance abuse problem, and
				believe that treatment will be beneficial;
3. WFNJ/TANF deferred recipients with
				substance abuse problems and other physical, medical or mental health problems,
				including chemical addiction;
4.
				WFNJ/GA unemployable recipients with substance abuse problems and other
				physical, medical or mental health problems, including chemical addiction;
i. Substance abuse treatment services offered
				through the SAI to WFNJ/GA applicants/recipients identified in (a)4 above are
				subject to the availability of funding; or
5. WFNJ TANF/GA recipients, who are required
				to participate in a work activity and who choose to participate in the SAI as
				his or her assigned work activity.
i. A WFNJ
				TANF/GA recipient who chooses to participate in the SAI as his or her assigned
				work activity shall be required to participate in a substance abuse assessment.
				The WFNJ agency worker shall advise the recipient in accordance with
				10:90-20.2(e)2.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 18 - SUBSTANCE ABUSE › Section 10:90-18.3 - Mandatory SAI treatment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For WFNJ
				applicants/recipients subject to mandatory participation in the SAI, the
				following shall apply:
1. Substance abuse
				treatment, as determined clinically appropriate by the CCC, shall be mandatory
				for WFNJ TANF/GA applicants/recipients identified at
				10:90-18.2(b).
i. WFNJ individuals shall demonstrate active
				participation in a DHSS' licensed or approved RSATP in accordance with the
				definition established at
				10:90-15.1, or in-patient, or
				out-patient substance abuse treatment programs.
ii. Enrollment of WFNJ individuals in a DHSS'
				licensed or approved RSATP shall be required in accordance with the definition
				established at
				10:90-15.1, or in-patient, or
				out-patient substance abuse treatment programs.
iii. Failure to participate in the treatment
				plan shall result in a sanction in accordance with
				10:90-4.13.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 18 - SUBSTANCE ABUSE › Section 10:90-18.4 - SAI sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
For WFNJ recipients subject to mandatory participation in
				  the SAI, failure to comply with the completion and signing of the required SAI
				  forms, the substance abuse assessment and/or the requirements of the treatment
				  plan, including biological testing if appropriate, and follow-up, when it is
				  clinically appropriate and in the therapeutic interest of the SAI participant,
				  shall result in a sanction in accordance with
				  10:90-4.13, unless the CCC
				  determines that treatment is not clinically appropriate for the WFNJ recipient
				  at the time.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 18 - SUBSTANCE ABUSE › Section 10:90-18.5 - Continued SAI treatment when the WFNJ TANF/GA case closes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) WFNJ recipients
				are eligible for continued substance abuse treatment as follows:
1. WFNJ/GA recipients are eligible for
				continued treatment for a period of six months from the date the WFNJ/GA case
				is closed due to earnings; and
2.
				WFNJ/TANF recipients are eligible for continued treatment for up to two years
				from the effective date the WFNJ/TANF case is closed due to earnings.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 18 - SUBSTANCE ABUSE › Section 10:90-18.6 - Eligibility rules for convicted drug felons

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				convicted drug felons may establish eligibility for WFNJ TANF/GA cash
				assistance benefits and/or NJ SNAP program benefits:
1. A person convicted on or after August 22,
				1996 under Federal or State law of any offense which occurred on or after
				August 22, 1996 which is classified as a felony, high misdemeanor or crime,
				under the laws of the jurisdiction involved and which has as an element the
				possession, or use of, a controlled substance as defined in section 102(6) of
				the Federal "Controlled Substances Act" (
				21
				U.S.C. §
											802(6) ).
i. Under the laws of the State of New Jersey,
				a crime is defined at
				2C:1-4(a)  as "an
				indictable offense ... for which a sentence of imprisonment in excess of 6
				months is authorized."
ii. A person
				convicted in accordance with (a)1 above of possession or use of a controlled
				substance may be eligible for WFNJ TANF/GA cash assistance and/or NJ SNAP
				program benefits, if the person enrolls in and actively participates in or
				completes a DHS' licensed or approved RSATP at the conclusion of which the
				person is certified drug free by an authorized program representative or the
				person is able to establish good cause in accordance with
				10:90-18.6(c).
(1) Eligibility for WFNJ TANF/GA cash
				assistance and/or NJ SNAP program benefits shall commence upon the person's
				enrollment in a DHS' licensed or approved RSATP.
(2) Eligibility for WFNJ TANF/GA cash
				assistance and/or NJ SNAP program benefits may continue after the person has
				completed a DHS' licensed or approved RSATP provided that:
(A) During the first 60 days after completion
				of a RSATP or at the time of application or case redetermination, it must be
				determined, via testing by an entity designated by DFD, that the person is free
				of any non-prescribed controlled substance. If the person is determined not to
				be free of any controlled substance during, or at the conclusion of, the 60 day
				period, the person's eligibility for benefits shall be terminated
				immediately.
(B) WFNJ TANF/GA cash
				assistance and/or NJ SNAP program benefits cannot be granted or reinstated
				until the person re-enrolls in another RSATP, and remains drug free for a
				minimum of 60 days and is determined via testing to be free of any
				non-prescribed controlled substance.
iii. Juvenile drug convictions are not
				classified as felonies, high misdemeanors or crimes. Therefore, a juvenile who
				committed an offense involving possession or use of a controlled substance, who
				was not convicted of the offense until he or she was 18 years of age or older,
				shall not be found ineligible for WFNJ cash assistance and/or NJ SNAP program
				benefits solely because of a drug conviction.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 18 - SUBSTANCE ABUSE › Section 10:90-18.7 - Responsibility of the SAI CCC

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				responsibilities of the CCC are to:
1. Notify
				the WFNJ agency worker, through a liaison, within 24 hours of the scheduled
				assessment of a WFNJ recipient;
2.
				Conduct the assessment and provide the WFNJ agency worker with the individual's
				status as to assessment, treatment plan and placement in treatment, if it is
				determined that treatment is necessary;
3. Monitor and follow-up on treatment
				service;
4. Evaluate, authorize and
				pre-approve treatment for persons convicted of possession or use of a
				controlled substance who are referred to the SAI for participation in treatment
				service or payment of treatment service; and
5. Inform the WFNJ agency worker of any
				changes during a WFNJ participant's course of treatment as well as when it is
				appropriate for an individual to engage in an additional work activity.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 18 - SUBSTANCE ABUSE › Section 10:90-18.8 - Responsibilities of the county/municipal WFNJ agency for SAI

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				responsibilities of the county and/or municipal WFNJ agencies are to:
1. Refer eligible WFNJ recipients for
				participation in the SAI;
2.
				Perform system updates;
3. Provide
				transportation;
4. Provide
				supportive services; and
5. Notify
				the CCC immediately when the SAI participant's case will be closed and provide
				the effective closing date.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 18 - SUBSTANCE ABUSE › Section 10:90-18.9 - Fair hearings

Current through Register Vol. 56, No. 14, July 15, 2024
WFNJ recipients have a right to a fair hearing on any
				  adverse action in accordance with the provisions at N.J.A.C. 10:90-9.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 19 - KINSHIP CARE SUBSIDY PROGRAM (KCSP) › Section 10:90-19.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Based on
				P.L.
				2001, c. 250, the
				Kinship Care Subsidy Program (KCSP) is being established. The KCSP involves
				providing monthly cash subsidies for children residing with low income
				individuals, known as kinship legal guardians, who take responsibility for
				raising a child whose parents are unable or unwilling to do so. The KCSP is
				designed to provide cash assistance for the needs of children residing with
				kinship legal guardians, in accordance with the provisions set forth in this
				subchapter.
(b) The KCSP shall
				provide subsidies for eligible children up to the financial cap allotted to the
				program. The KCSP slots shall be allocated by county to serve eligible children
				on a first come, first served basis.
(c)
									P.L.
				2001, c. 250 creates a
				new type of court awarded kinship legal guardianship, which addresses the needs
				of children and caregivers in long-term kinship relationships. Participation in
				the KCSP is subject to the caregiver's establishment of a court ordered kinship
				legal guardianship arrangement.
(d)
				A child is determined eligible for the KCSP if the child's caregiver has been
				granted kinship legal guardianship and has an annual family income of less than
				or equal to 150 percent of the Federal Poverty Level (FPL). Children whose
				caregivers meet the specific KCSP eligibility criteria will be eligible for up
				to a $ 250.00 per month/per child subsidy.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 19 - KINSHIP CARE SUBSIDY PROGRAM (KCSP) › Section 10:90-19.2 - Defining kinship legal guardianship

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Kinship legal
				guardianship" is defined as a caregiver who is willing to assume care of a
				child due to parental incapacitation, with the intent to raise the child to
				adulthood, and who is appointed the kinship legal guardian of the child by the
				court pursuant to
				P.L.
				2001, c. 250.
1. "Parental incapacity" means incapacity of
				such a serious nature as to demonstrate that the parent is unable, unavailable
				or unwilling to perform the regular and expected functions of care and support
				of the child.
2. This form of legal
				guardianship provides permanency for children and stronger legal protection for
				caregivers, without termination of parental rights and adoption.
i. A kinship legal guardian shall be
				responsible for the care and protection of the child and providing for the
				child's health, education and maintenance.
ii. Under kinship legal guardianship, the
				child's parent(s) retain the power to consent to the adoption or name change of
				the child, the obligation to pay child support and the right to maintain a
				continued relationship with the child through visitation as determined by the
				court. An award of kinship legal guardianship does not limit or terminate any
				rights or benefits derived from the child's parents, including inheritance and
				social security or insurance benefits.
3. Any adult family friend or person with a
				biological or legal relationship to a child, other than the child's parent, who
				has been providing care and support for the child living in the caregiver's
				home for 12 consecutive months, may petition the court for kinship legal
				guardianship.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 19 - KINSHIP CARE SUBSIDY PROGRAM (KCSP) › Section 10:90-19.3 - Determining eligibility for the KCSP

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When it has
				been confirmed that kinship legal guardianship has been granted, eligibility
				for KCSP participation shall be approved if the kinship legal guardian's family
				income is less than or equal to 150 percent of the FPL and funds are
				available.
(b) Based upon the total
				gross income of the kinship legal guardian's family and the child, the
				designated entity shall calculate the annual income to determine if the
				family's income is less than or equal to 150 percent of FPL eligibility
				requirement. Income definitions reflective of those used to determine WFNJ/TANF
				eligibility will be utilized when determining eligibility for the KCSP.
1. All countable earned and unearned income
				of the kinship legal guardian's family and the child, with the exception of
				Work First New Jersey (WFNJ)/TANF benefits received on behalf of the child, is
				to be counted in the financial determination. Kinship subsidy eligibility shall
				not exist if the total countable gross annual income exceeds 150 percent of the
				FPL guidelines 66 Fed. Reg. 10,695 (February 16, 2001) for the appropriate
				family size.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 19 - KINSHIP CARE SUBSIDY PROGRAM (KCSP) › Section 10:90-19.4 - Kinship Care Subsidy Program application process

Current through Register Vol. 56, No. 14, July 15, 2024
The Kinship Care subsidies shall be administered through the
				  CWAs. The kinship legal guardian must apply for the KCSP in order to receive
				  the kinship subsidy benefit for the child. All kinship legal guardians are
				  considered the "payee" for a related child in his or her care when the child is
				  not their natural or adopted child. The applicant shall provide his or her case
				  file papers that were completed by the designated entity, including the
				  original eligibility determination, which shall be retained and attached to the
				  kinship subsidy application. In order to receive a WFNJ kinship subsidy, all
				  eligible children up to 16 years old must be attending school on a full-time
				  basis and 16 through 18 year old children must be attending school on a
				  full-time basis or participating in an appropriate work activity (see
				  10:90-1.2(f)10 
				  iv, 2.2(c) and (d)1, 4.2(f) and 4.8(a)). To receive the kinship subsidy for the
				  eligible child, the kinship legal guardian shall sign the application and agree
				  to cooperate with efforts to collect child support from the parents of the
				  child. The decision to apply rests with the applicant.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 19 - KINSHIP CARE SUBSIDY PROGRAM (KCSP) › Section 10:90-19.5 - Kinship Care subsidy payments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A calculation
				utilizing WFNJ/TANF income definitions will be performed by the CWA to
				determine the amount of the kinship subsidy. Any countable income (see
				10:90-3.9 ) the child receives
				shall be considered and will reduce the subsidy benefit. If there is more than
				one child eligible for a kinship subsidy in one household, the children shall
				be considered a "kinship unit." In a kinship unit, the combined subsidy amount
				is reduced by the combined countable income of the kinship unit members.
1. The subsidy amount shall be the full
				subsidy benefit of $ 250.00, multiplied by the number of eligible children in
				the unit, less all combined countable income of the eligible
				children.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 19 - KINSHIP CARE SUBSIDY PROGRAM (KCSP) › Section 10:90-19.6 - Kinship subsidy supportive services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Although a
				child who is eligible to receive the kinship subsidy is not a member of the
				assistance unit for purposes of receipt of WFNJ cash assistance, the child is
				considered a member of the WFNJ/TANF assistance unit for all benefits and
				support services. These include, but are not limited to, child care, medical
				assistance, emergency assistance and NJ SNAP benefits.
1. Any penalties imposed on the assistance
				unit related to a WFNJ sanction shall not affect eligibility for or issuance of
				the kinship subsidy.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 20 - THE FAMILY VIOLENCE OPTION INITIATIVE › Section 10:90-20.1 - General provisions and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Based on
				P.L.
				1997, c. 13, c.14,
				c.37, and c.38 (Work First New Jersey Act), approved January 29, 1997; the
				Personal Responsibility and Work Opportunity Act (PRWORA) of 1996; and the
				final Federal Temporary Assistance for Needy Families (TANF) regulations,
				issued on April 12, 1999, the WFNJ Family Violence Option (FVO) Initiative is
				established to help promote the goals of the WFNJ program. The objective of the
				WFNJ FVO Initiative is to safely move WFNJ TANF/GA applicants/recipients, who
				may be past or present victims of family violence or are at risk of family
				violence, from dependency on WFNJ TANF/GA cash assistance benefits to
				employment and self-sufficiency, to the extent possible.
1. Past or present situations involving
				family violence or any situation that places the WFNJ individual and/or family
				member(s) at risk of family violence may affect the individual's current
				ability to cooperate with the WFNJ TANF/GA program requirements because the
				individual has or fears emotional or physical harm. Family violence means
				situations involving domestic violence and/or sexual assault in accordance with
				the definition at N.J.A.C. 10:90-15.
2. Family violence circumstances may affect a
				WFNJ TANF/GA individual's and/or his or her family member's safety, may limit
				the person's ability to move beyond the violence or trauma of the violence and,
				as such, may affect the individual's current ability to comply with WFNJ
				TANF/GA program requirements such as, but not limited to:
i. Cooperating in establishing paternity or
				in establishing and enforcing orders of support on a non-custodial or alleged
				non-custodial parent;
ii. His or
				her ability to work or participate in a work activity;
iii. The length of time of receipt of public
				assistance; and
iv. His or her
				ability to maintain housing and/or comply with EA requirements.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 20 - THE FAMILY VIOLENCE OPTION INITIATIVE › Section 10:90-20.2 - WFNJ FVO notification process for WFNJ TANF/GA applicants/recipients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each CWA/MWA
				shall provide every WFNJ TANF/GA applicant/recipient with the following:
1. Basic written and oral information about
				the WFNJ FVO Initiative; and
2.
				Information regarding the WFNJ TANF/GA applicant's/recipient's right to request
				a WFNJ FVO Waiver of one or more WFNJ TANF/GA program requirements, at any
				point in the WFNJ process throughout the individual's association with the
				CWA/MWA for WFNJ program benefits, that includes, but is not limited to, the
				following:
i. The purpose and availability
				of, and process for obtaining, a WFNJ FVO Waiver of WFNJ TANF/GA program
				requirements;
ii. The WFNJ TANF/GA
				program requirements that may be waived, including a good cause exception from
				the WFNJ/TANF child support requirements and requests for EA for reason of
				family violence;
iii. Mandated
				participation in the WFNJ FVO Risk Assessment process when such waiver is
				requested in accordance with the provisions of C.F.R. 260.55 concerning
				requirements for Federal recognition of good cause domestic violence
				waivers;
iv. All requests for a
				WFNJ FVO Waiver, including good cause exceptions from the child support
				requirements and requests for EA for reason of family violence require
				completion of a WFNJ FVO Risk Assessment with a certified victim service
				provider agency's risk assessor, and discussion about access to and the
				availability of intervention services; and
v. Basic written and oral information about
				the NJACP.
(1) Applications for the NJACP
				shall be made in accordance with the provisions at
				10:90-20.1(d)1 
				iv(1).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 20 - THE FAMILY VIOLENCE OPTION INITIATIVE › Section 10:90-20.3 - Rights of WFNJ applicants/recipients and other program applicants/recipients to speak with CWA FVO representative or designated MWA worker concerning family violence and to confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Self-disclosure
				of past or present family violence concerns or the risk of family violence by
				WFNJ TANF/GA applicants/recipients, or other program applicants/recipients,
				shall be handled in a confidential and private manner by all CWA/MWA staff.
				Self-disclosure of family violence concerns by individuals is a voluntary
				admission. The decision to self-disclose is the individual's alone to make. An
				applicant/recipient may self-disclose and/or, under WFNJ TANF/GA, request a
				WFNJ FVO Waiver of one or more WFNJ TANF/GA programs requirements at any time,
				such as, but not limited to, the following situations:
1. At any point of contact with CWA/MWA
				staff;
2. At any time during the
				WFNJ TANF/GA application or redetermination processes for WFNJ TANF/GA program
				benefits including child support services when the non-custodial or alleged
				non-custodial parent may place the individual at risk of harm;
3. During the Comprehensive Social Assessment
				(CSA) process;
4. During discussion
				with staff of the Substance Abuse Initiative (SAI) or the Mental Health
				Initiative (MHI);
5. At the time of
				request for EA benefits, including individuals receiving Supplemental Security
				Income (SSI);
6. At the time of
				WFNJ TANF/GA program sanctioning, when an individual is questioned as to why he
				or she failed to comply and what concerns precluded his or her complying with
				the WFNJ TANF/GA program requirements; or
7. At any time during the program process
				(including WFNJ TANF/GA, NJ SNAP benefits, child support, EA or Medicaid)
				throughout the individual's association with the CWA/MWA for program
				benefits.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 20 - THE FAMILY VIOLENCE OPTION INITIATIVE › Section 10:90-20.4 - WFNJ TANF/GA program requirements that may be waived

Current through Register Vol. 56, No. 14, July 15, 2024
(a) WFNJ/TANF
				applicants/recipients may request a WFNJ FVO Waiver of the following WFNJ/TANF
				program requirements, pursuant to the WFNJ FVO Initiative:
1. The WFNJ work requirement (see 10:90-2.6
				and 4.10(a)11);
2. The WFNJ time
				limit (see 10:90-2.4, 2.5 and 2.6);
3. A good cause exception from the child
				support requirements when the non-custodial/alleged non-custodial parent may
				place the individual at risk of harm (see 10:90-2.6, 16.5, and 10:110-9.5
				);
4. Good cause exceptions for
				WFNJ/TANF parent minor living arrangements (see 10:90-2.17(c) );
5. Residency requirements pertaining to
				qualified aliens.
i. An alien, regardless of
				program eligibility/non-eligibility may be referred to the designated victim
				service provider agency for help with family violence concerns;
				and/or
6. Requests for
				EA, to cover needs, for reason of family violence or the risk of family
				violence in accordance with 10:90-6.1(c)4.