§ 131. Assistance, care and services to be given. 1. It shall be the
duty of social services officials, insofar as funds are available for
that purpose, to provide adequately for those unable to maintain
themselves, in accordance with the requirements of this article and
other provisions of this chapter. They shall, whenever possible,
administer such care, treatment and service as may restore such persons
to a condition of self-support or self-care, and shall further give such
service to those liable to become destitute as may prevent the necessity
of their becoming public charges.
2. It shall be the duty of social services officials, insofar as funds
are available for that purpose, to cooperate with the directors of state
department of mental hygiene facilities in order to assist patients
discharged or about to be discharged from mental hygiene institutions in
their transition to a condition of self-support and self-care in the
community.
3. As far as possible families shall be kept together, they shall not
be separated for reasons of poverty alone, and they shall be provided
services to maintain and strengthen family life. In providing such
services, the public welfare official may utilize appropriate community
resources, including non-profit private agencies. Whenever practicable,
assistance and service shall be given a needy person in his own home.
The commissioner of public welfare may, however, in his discretion,
provide assistance and care in a boarding home, a home of a relative, a
public or private home or institution, or in a hospital.
4. For needy persons who are members of a family household, the
standard of need for determining their eligibility for public assistance
shall be as prescribed by section one hundred thirty-one-a of this
chapter and applicable federal requirements. For needy persons who are
not members of a family household, the department shall continue to
determine the standard of need for determining their eligibility for
public assistance pursuant to the provisions of this chapter and
applicable federal requirements.
5. No public assistance shall be given to an applicant for or
recipient of public assistance who has failed to comply with the
requirements of this chapter, or has refused to accept employment in
which he or she is able to engage.
5-a. The state commissioner of labor, in cooperation with the
commissioner and with individual local social services officials, is
hereby authorized to locate jobs services personnel wherever
appropriate, in order to achieve the employment objectives of this
chapter. Local social services officials, in cooperation with the
commissioner and the commissioner of labor, are authorized to locate
social services personnel wherever appropriate, in order to achieve the
employment objectives of this chapter.
6. No individual who is under the age of eighteen and is not married,
who resides with and provides care for his or her dependent child or is
pregnant and otherwise entitled to family assistance shall receive
family assistance for himself or herself unless the individual,
individual and child or pregnant woman resides in a place of residence
maintained as a home by the individual's parent, legal guardian or other
adult relative or in an adult-supervised supportive living arrangement.
Where possible, any such benefits to be paid on behalf of such
individual, individual and child or pregnant woman shall be provided by
the social services district to the parent, legal guardian or other
adult relative with whom such individual, individual and child or
pregnant woman resides. The requirement to reside with a parent,
guardian or adult relative shall not apply if (a) the individual has no
living parent, legal guardian or other appropriate adult relative who is
living or whose whereabouts are known or (b) no living parent or legal
guardian of such individual allows the individual to live in his or her
home or (c) the individual or minor child is being or has been subjected
to serious physical or emotional harm, sexual abuse or exploitation in
the residence of the parent or guardian or (d) substantial evidence
exists of imminent or serious harm if such individual or dependent child
were to live in the same residence with the individual's parent or legal
guardian or (e) it is in the minor child's best interests to waive such
requirement with respect to the individual or minor child, as determined
in accordance with department regulations, consistent with federal law
and regulations. Unless the individual's current living arrangement is
appropriate, an individual and his or her minor child who are not
required hereunder to reside with a parent, guardian or adult relative
shall be required as a condition of assistance to reside in an adult
supervised supportive living arrangement approved by the district in
accordance with standards set by the department and taking into account
the needs and concerns of the individual, including but not limited to a
second chance home or maternity home. A "second chance home" is a
facility which provides teen parents with a supportive and supervised
living arrangement in which they are required to learn parenting skills,
including child development, family budgeting, health and nutrition and
other skills to promote long-term economic independence and the
well-being of their children. Social services districts shall provide
adult supervised supportive living arrangements or assist individuals in
locating them. If a child subject to the requirements of this
subdivision alleges facts which, if true, would render the requirement
to live with a parent, guardian or other adult relative inapplicable by
reason of paragraph (c) or (d) of this subdivision, a social services
district shall take no action to deny assistance under the authority of
this subdivision unless it has duly investigated in accordance with
section four hundred twenty-four of this chapter and made a contrary
finding. If a social services district denies assistance after a child
alleges facts which, if true, would render this subdivision inapplicable
by reason of paragraph (c) or (d) of this subdivision, the applicant
shall be entitled to a fair hearing pursuant to section twenty-two of
this chapter held within thirty days of the request, if the request is
timely made.
7. a. Care, treatment and service as provided in subdivision one of
this section may include, in accordance with applicable federal and
state requirements, if any, medical care, instruction and work training
to restore health, aptitudes and capabilities or develop new aptitudes
and skills for the purpose of preparing individuals for gainful
employment.
b. A public welfare official responsible for the assistance and care
of a person who, in the judgment of such official, is employable or
potentially employable, may require such person to receive suitable
medical care and/or undergo suitable instruction and/or work training.
Any such person who wilfully refuses to accept such medical care,
refuses or fails to report for or cooperate in a program of instruction
and/or work training as required by the public welfare official, shall
be ineligible to receive public assistance and care. However, the
requirements of this provision relating to instruction and work training
shall not apply in the case of a person who is not available for
employment by reason of age, health or other disability.
c. The provisions of this section shall not confer authority on a
social services official to provide instruction which is available
through the public school system, but regulations of the department may
make provision for such authority when special need therefor is
demonstrated.
8. This section shall be construed to require the employment of such
employees as may be necessary and qualified to perform or provide the
specialized services indicated by federal or state requirements.
9. Upon determining that a person is eligible for any form or category
of public assistance, the social services official shall issue to any
such person to whom payment is to be made, an appropriate payment access
card, in a form approved by the office of temporary and disability
assistance, which shall be used as the office of temporary and
disability assistance, by regulation, may prescribe for improved
administration.
10. Any applicant who voluntarily terminated his or her employment or
voluntarily reduced his or her earning capacity for the purpose of
qualifying for public assistance or a larger amount thereof shall be
disqualified from receiving such assistance for ninety days from such
termination or reduction, unless otherwise required by federal law or
regulation. Any applicant who applies for public assistance within
ninety days after voluntarily terminating his or her employment or
reducing his or her earning capacity shall, unless otherwise required by
federal law or regulation, be deemed to have voluntarily terminated his
or her employment or reduced his or her earning capacity for the purpose
of qualifying for such assistance or a larger amount thereof, in the
absence of evidence to the contrary supplied by such person.
11. Social services officials are hereby authorized to furnish
assistance which duplicates assistance already granted, but, unless
otherwise specifically required by the provisions of title eight of
article five of this chapter, (i) in no event shall such officials be
required to furnish such assistance and (ii) in no event shall state
reimbursement be available for such expenditures, provided, however,
that any payment required by a court of competent jurisdiction shall be
subject to state reimbursement.
12. Notwithstanding any provision of this chapter or other law to the
contrary, no public assistance or food stamps shall be given to any
individual during the ten-year period that begins on the date the
individual is convicted in federal or state court of having made a
fraudulent statement or representation with respect to his or her place
of residence in order to receive public assistance, medical assistance
or food stamps simultaneously from two or more states or supplemental
security income in two or more states. The preceding sentence shall not
apply with respect to a conviction of an individual in any month
beginning after the president of the United States grants a pardon with
respect to the conduct which was the subject of the conviction.
13. Social services districts shall provide all applicants and
recipients of public assistance with children five years of age or less
with information and a schedule regarding age-appropriate immunizations
for children in accordance with the recommendations of the department of
health and the immunization practices advisory committee of the United
States department of health and human services. The telephone number of
the local county health department shall be included on the immunization
schedule.
14. (a) Notwithstanding any provision of this chapter or other law to
the contrary, no public assistance shall be given to any individual who
is (i) fleeing to avoid prosecution or custody or conviction under the
laws of the place from which the individual flees for a crime, or an
attempt to commit a crime, which is a felony under the laws of the place
from which the individual flees or which, in the case of the state of
New Jersey, is a high misdemeanor under the laws of such state or (ii)
violating a condition of probation or parole imposed under federal or
state law.
(b) For purposes of this section, if and to the extent permitted by
federal law, a person shall be considered to be violating a condition of
probation or parole only if:
(i) he or she is currently an absconder from probation or parole
supervision and a warrant alleging such a violation is outstanding; or
(ii) he or she has been found by judicial determination to have
violated probation or by administrative adjudication by the department
of corrections and community supervision to have violated parole.
Such person shall be considered to be violating a condition of
probation or parole only until he or she is restored to probation or
parole supervision or released from custody, or until the expiration of
the person's maximum period of imprisonment or supervision, whichever
occurs first.
(c) A person considered to be violating a condition of probation or
parole under this section shall include a person who is violating a
condition of probation or parole imposed under federal law.
(d) For purposes of this section, probation or parole shall include
conditional release, wherever applicable.
15. Notwithstanding any provision of this chapter or other law to the
contrary, no public assistance shall be given to or for any minor child
who has been or is expected to be absent from the home of his or her
parent or other caretaker relative for a consecutive period of
forty-five days or more without good cause as set forth in regulations
of the department, nor shall any assistance be given to any parent or
other caretaker relative who fails to notify the social services
district of the absence of the minor child within five days after it
becomes clear to the parent (or relative) that the child will be absent
for a consecutive period of forty-five days or more. Good cause shall
include absence for placement in foster care if the goal set forth in
the child service plan under section four hundred nine-e of this chapter
is the return of the child to a member of the household, or attendance
at school or hospitalization, if it is in the best interests of the
child to return home and return is expected within a reasonable time.
16. If, in accordance with section one hundred fifty-eight, three
hundred forty-nine-b or other provisions of this chapter, the social
services official determines that an individual is not cooperating in
establishing paternity or in establishing, modifying, or enforcing a
support order with respect to a child of the individual, and the
individual does not have good cause for such failure or is not otherwise
excepted from so cooperating in accordance with regulations of the
department, the assistance given to the household shall be reduced by
twenty-five percent.
18. Notwithstanding any provision of this chapter or other law to the
contrary, no public assistance shall be given to any parent under the
age of eighteen, who is not married and has a minor child twelve weeks
of age or more in his or her care and who has not successfully completed
a high school education or its equivalent if such individual does not
participate in educational activities directed toward the attainment of
a high school diploma or its equivalent or an alternative educational or
training program directly related to employment and approved by the
social services district. No person shall be denied assistance under
this subdivision during any period of time in which enrollment in
required educational activities is not available. Nothing herein shall
prohibit a social services district from requiring any person to work
toward attaining a secondary school diploma or its equivalent unless
such person has been determined by a medical, psychiatric or other
appropriate professional to lack the requisite capacity to complete
successfully such a course of study.
19. When a recipient claims that his or her system access device has
been lost, stolen, or destroyed, or that the security features of the
card have been compromised, the local social services district, subject
to reasonable terms and conditions set forth in department regulations
and policies, shall provide the recipient with a replacement card within
forty-eight hours exclusive of weekends and holidays.
20. In accordance with the provisions of this subdivision and the
regulations of the office of temporary and disability assistance, social
services districts shall make all applicants for and recipients of
public assistance aware of their option to receive an information packet
appropriate for victims of sexual assault. Such information packet shall
be made available to all individuals who demonstrate a need for or who
are interested in receiving services appropriate for victims of sexual
assault, and shall include referral and contact information for all
local programs that provide services to victims of sexual assault
including, but not limited to:
(a) sexual assault examiner programs, including a list of any local
hospitals offering sexual assault forensic examiner services certified
by the department of health;
(b) rape crisis centers; and
(c) other advocacy, counseling, and hotline services appropriate for
victims of sexual assault.