ASSEMBLY, No. 12

 

STATE OF NEW JERSEY

 

INTRODUCED NOVEMBER 7, 1996

 

 

By Assemblyman WISNIEWSKI and Assemblywoman VANDERVALK

 

 

An Act establishing the Work First New Jersey program, supplementing Title 44 of the Revised Statutes and repealing parts of the statutory law.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. This act shall be known and may be cited as the "Work First New Jersey Act."

 

    2. The Legislature finds and declares that:

    a. The federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," Pub.L.104-193, establishes the federal block grant for temporary assistance for needy families and provides the opportunity for a state to establish and design its own welfare program;

    b. Work and the earning of income promote the best interests of families and children;

    c. Working individuals and families needing temporary assistance should have the transitional support necessary to obtain and keep a job in order to be able to avoid cycling back onto public assistance;

    d. Teenage pregnancy is counter to the best interests of children;

    e. Successful welfare reform requires the active involvement of the private sector as well as all departments of State government;

    f. Personal and family security and stability, including the protection of children and vulnerable adults, are important to the establishment and maintenance of successful family life and childhood development;

    g. Children and teenagers need the benefits of the support and guidance which a family structure provides; the welfare system has provided a vehicle for breaking up families by giving teenage mothers the means to shift their financial dependence from their parents to the State; in the process, these youths deprive themselves of the education and family structure necessary to support themselves and their babies; and the support and structure provided by families are important to the development of a child's maximum potential; and

    h. The Work First New Jersey program established pursuant to this act incorporates and builds upon the fundamental concepts of the Family Development Initiative established pursuant to P.L.1991, c.523 (C.44:10-19 et seq.) in a manner that is consistent with the federal program of temporary assistance for needy families, by establishing requirements for: time limits on cash assistance; the participation of recipients in work activities; enhanced efforts to establish paternity and establish and enforce child support obligations; sanctions for failure to comply with program requirements; a cap on the use of funds for administrative costs; the maintenance of State and county financial support of the program; teenage parent recipients to live at home and finish high school; and restrictions on eligibility for benefits for legal aliens.

 

    3. As used in this act:

    "Applicant" means an applicant for benefits provided by the Work First New Jersey program.

    "Assistance unit" means: a single person without dependent children; a couple without dependent children; dependent children only; or a person with one or more dependent children who are legally or blood-related, or who is their legal guardian, and who live together as a household unit.

    "Benefits" means any assistance provided to needy persons and their dependent children and single persons under the Work First New Jersey program.

    "Case management" means the provision of certain services to Work First New Jersey recipients, which shall include an assessment and development of an individual responsibility plan.

    "Commissioner" means the Commissioner of Human Services.

    "Community work experience" means unpaid work experience and training with a public, private non-profit or private charitable employer provided to a recipient when, and to the extent, that such experience is necessary to enable the recipient to adjust to, and learn how to function in, an employment setting.

    "County agency" means the agency, including, but not limited to, a county planning council, designated by a county and approved by the commissioner to administer the Work First New Jersey program in that county.

    "Dependent child" means a child:

    a. under the age of 18;

    b. under the age of 19 and a full-time student in a secondary school or an equivalent level of vocational or technical training, if, before the student attains age 19, the student may reasonably be expected to complete the student's program of secondary school or training; or

    c. under the age of 21 and enrolled in a special education program,

who is living in New Jersey with the child's natural or adoptive parent or legal guardian, or with a relative designated by the commissioner in a place of residence maintained by the relative as the relative's home.

    "Full-time post-secondary student" means a student enrolled for a minimum of 12 credit hours in a post-secondary school.

    "Program" means the Work First New Jersey program established pursuant to this act.

    "Recipient" means a recipient of benefits under the Work First New Jersey program.

    "Resources" means all real and personal property as defined by the commissioner; except that in the event that individual development accounts for recipients are established by regulation of the commissioner, all funds in such an account, up to the limit determined by the commissioner, including any interest or dividend earnings from such an account, shall not be considered to be a resource.

    "Work activity" includes, but is not limited to, the following, as defined by regulation of the commissioner: employment, work experience; on-the-job training; job search and job readiness assistance; vocational educational training; job skills training related directly to employment; community work experience; alternative work experience; supportive work; community service programs, including the provision of child care as a community service project; in the case of a teenage parent or a recipient under the age of 19 who is expected to graduate or complete their course of study by their 19th birthday, satisfactory attendance at a secondary school or in a course of study leading to a certificate of general equivalence; and education that is necessary for employment in the case of a person who has not received a high school diploma or a certificate of high school equivalency, a course of study leading to a certificate of general equivalence, or post-secondary education, when combined with community work experience participation or another work activity approved by the commissioner, including employment.

 

    4.    a. The Work First New Jersey program is established in the Department of Human Services. The commissioner shall take such actions as are necessary to implement and operate the program in accordance with the provisions of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," Pub.L.104-193.

    b. The program shall provide benefits to recipients which were provided, prior to the enactment of this act, under the following programs: aid to families with dependent children (AFDC) pursuant to P.L.1959, c.86 (C.44:10-1 et seq.) and emergency assistance for AFDC recipient families; general public assistance (GA) pursuant to P.L.1947, c.156 (C.44:8-107 et seq.), emergency assistance for GA recipients, and the GA employability program; and the Family Development Initiative established pursuant to P.L.1991, c.523 (C.44:10-19 et seq.).


    5.    a. All adult persons, except as otherwise provided by law governing the Work First New Jersey program, are charged with the primary responsibility of supporting and maintaining themselves and their dependents; the primary responsibility for the support and maintenance of minor children is that of the parents and family of those children; and benefits shall be provided only when other means of support and maintenance are not present to support the assistance unit.

    b. Benefits shall be temporary and serve the primary goal of fostering self-sufficiency. Failure to cooperate with any of the program eligibility requirements without good cause, as determined by the commissioner, may result in ineligibility for benefits for all assistance unit members.

    c. If the county agency determines, based upon an applicant's written statement signed under oath, that the applicant is in immediate need of benefits because the applicant's available resources are insufficient to meet the minimal current living expenses of the applicant's assistance unit, the county agency shall issue cash assistance benefits to the applicant on the date of application, subject to the applicant meeting all other program eligibility requirements.

 

    6. a. If an applicant or recipient is less than 18 years of age, has never married, and is pregnant or is caring for a dependent child, the applicant or recipient shall be required, as a condition of eligibility for benefits for the applicant or recipient and the applicant's or recipient's dependent child to:

    (1) reside in a home maintained by, and have the benefits paid to, the applicant's or recipient's parent, legal guardian, or other adult relative; and

    (2) regularly attend a high school or equivalency program of study; or

    (3) engage in a work activity if the applicant or recipient has completed secondary education.

    b. The commissioner shall exempt from the provisions of paragraph (1) of subsection a. of this section an applicant or recipient who, as determined by the commissioner during the application or eligibility redetermination process, as appropriate, presents evidence that the parent, legal guardian or other adult relative with whom the applicant or recipient would otherwise be required to reside in order to be eligible for benefits:

    (1) refuses or is unable to allow the applicant or recipient, or that person's dependent child, to reside in that adult's home;

     (2) poses a threat to the emotional health or physical safety of the applicant or recipient;

    (3) has physically or sexually abused the applicant or recipient, or


the applicant's or recipient's dependent child, or poses a risk of doing so; or

    (4) has exhibited neglect with respect to the needs of the applicant or recipient and the applicant's or recipient's dependent child.

    c. In the case of an applicant or recipient and the applicant's or recipient's dependent child who are exempted from the requirements of paragraph (1) of subsection a. of this section, in accordance with subsection b. of this section, the county agency shall make a determination as to the most appropriate living arrangement that would be in the best interest of the applicant or recipient and the applicant's or recipient's dependent child.

    d. The commissioner shall exempt from the provisions of paragraph (2) of subsection a. of this section an applicant or recipient whom the commissioner determines, based upon an assessment of the person's ability and aptitude, lacks a reasonable prospect of being able to successfully complete the academic requirements of a high school or equivalency program of study.

    e. The commissioner may also exempt an applicant or recipient from the provisions of subsection a. of this section, if the commissioner otherwise determines that the exemption would be in the best interest of that applicant or recipient and the applicant's or recipient's dependent child.

    f. The commissioner shall provide an appropriate appeal mechanism for an applicant or recipient to present evidence that would provide the basis for an exemption pursuant to this section.

 

    7. a. The level of cash assistance benefits payable to an assistance unit shall not increase as a result of the birth of a child during the period in which the assistance unit is eligible for benefits, or during a temporary period in which the assistance unit is ineligible for benefits pursuant to a penalty imposed by the commissioner for failure to comply with benefit eligibility requirements, subsequent to which the assistance unit is again eligible for benefits.

    b. The provisions of subsection a. of this section shall not apply to medical assistance, pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.), or food stamp benefits, pursuant to the federal "Food Stamp Act of 1977," Pub.L.95-113 (7 U.S.C. §2011 et seq.), provided to an assistance unit.

    c. In the case of an assistance unit in which the adult recipient gives birth to an additional child during the period in which the assistance unit is eligible for benefits, or during a temporary penalty period of ineligibility for benefits subsequent to which the assistance unit again becomes eligible for benefits, the commissioner shall provide that in computing the amount of cash assistance benefits to be granted to the assistance unit, the following shall be deducted from the monthly earned income of each employed person in the assistance unit:   (1) those earned income disregards provided for under section 4 of P.L. , c. (C. )(pending before the Legislature as Assembly Bill No. 14 of 1996); and

     (2) an additional amount earned by each employed person which, at a maximum, is equal to the difference between the amount of the grant determined pursuant to subsection a. of this section and 50% of the monthly payment of cash assistance benefits, adjusted for family size.

    d. Notwithstanding the provisions of subsection a. of this section to the contrary, a person receiving AFDC benefits on the effective date of this act whose AFDC benefits were limited pursuant to P.L.1991, c.526 (C.44:10-3.5 et seq.) shall continue to be subject to the same limitation as a recipient of Work First New Jersey benefits, in accordance with regulations adopted by the commissioner.

    e. The provisions of this section shall not apply to an adult recipient who has received benefits for at least one month during a period of 10 consecutive months immediately preceding the birth of a child, including any period in which the recipient is ineligible for benefits or the recipient's case is closed by action of the recipient or the county agency, as determined by regulation of the commissioner.

 

    8. a. As defined by the commissioner, each adult recipient shall continuously and actively seek employment in an effort to remove the assistance unit of which the recipient is a member from the program. If that employment is not secured, a recipient may be assigned to a work activity as determined by the commissioner. The recipient shall sign an individual responsibility plan, as provided in subsection f. of this section, in order to be able to participate in the program, which shall indicate the terms of the work activity requirements that the recipient must fulfill in order to continue to receive benefits.

    b. In accordance with Pub.L.104-193, a recipient in an assistance unit with dependent children shall commence participation in a work activity, self-directed job search or other activities as determined by the commissioner at some time prior to having received 24 months of benefits; except that if the recipient is a full-time post-secondary student in a course of study related to employment as defined by regulation of the commissioner, the recipient shall be required to engage in another work activity for no more than 15 hours a week, subject to the recipient making satisfactory progress toward the completion of the post-secondary course of study as determined by the commissioner.

    c. A recipient shall comply with work activity participation requirements as a condition of remaining eligible for benefits. In accordance with the requirements of Pub.L.104-193, a minimum of 25% of all assistance units of persons with dependent children receiving benefits shall participate in work activities in federal fiscal year 1997. The participation rate shall increase by 5% in each federal fiscal year to a level of 50% in federal fiscal year 2002 and thereafter. For two-parent assistance units with dependent children receiving benefits, the participation rate shall be 75% for federal fiscal years 1997 and 1998 and 90% in federal fiscal year 1999 and thereafter. The participation rate shall be calculated in accordance with federal requirements. A recipient may be required to participate in one or more work activities for a maximum aggregate hourly total of 40 hours per week.

    d. A recipient shall not be required to engage in a work activity if child care is unavailable for the recipient's dependent child, as determined by regulation of the commissioner.

    e. A recipient may temporarily be deferred from work activity requirements as provided for by the commissioner if the recipient is:

    (1) a woman in the third trimester of pregnancy;

    (2) a person certified by an examining physician to be unable, by reason of a physical or mental defect, disease or impairment, to engage in any gainful occupation for any period less than 12 months; or

    (3) the parent or relative of a child under the age of 12 weeks who is providing care for that child.

    f. Upon a determination of eligibility for benefits, each adult recipient not otherwise deferred or exempted under this act shall be given an assessment of that person's potential and readiness for work, including, but not limited to, skills, education, past work experience and any barriers to securing employment, including a screening and assessment for substance abuse, as appropriate. For all recipients not deferred or exempt, an annual individual responsibility plan shall be developed jointly by the county agency and recipient specifying the steps that will be taken by each to assist the recipient to secure employment. The individual responsibility plan shall include specific goals for each adult member of the assistance unit and may include specific goals for a dependent child member of the assistance unit. The goals, as determined by regulation of the commissioner, shall include, but not be limited to, requirements for parental participation in a dependent child's primary school program, immunizations for a dependent child, and regular school attendance by a dependent child. Recipients who are job ready shall be placed immediately in a self-directed job search. Within the amount of funds allocated by the commissioner for this purpose, other recipients shall be placed in an appropriate work activity as indicated by their individual assessments.

    g. The county agency shall ensure the provision of necessary case management for recipients, as appropriate to their degree of job readiness, pursuant to regulations adopted by the commissioner. The most intensive case management shall be directed to those recipients facing the most serious barriers to employment.

    h. An adult recipient engaged in a work activity shall not be hired or assigned to fill a position when the position is vacant as a result of another person being laid off or terminated without good cause.       The commissioner, in consultation with the Commissioner of Labor, shall establish a procedure for the resolution of complaints of alleged violations of the provisions of this subsection.

    i. The commissioner, acting in conjunction with the Commissioners of Banking and Insurance, Commerce and Economic Development, Community Affairs, Education, Health and Senior Services, Labor and Transportation, shall implement all elements of the program and establish initiatives to assist in moving recipients towards self-sufficiency.

    j. The commissioner shall take such actions as are necessary to ensure that the program meets the requirements to qualify for the maximum amount of federal funds due the State under Pub.L.104-193.

    k. The commissioner is authorized to seek such waivers from the federal government as are necessary to accomplish the goals of the program.

 

    9. The failure of a recipient to actively cooperate with the program or participate in work activities without good cause as determined by the commissioner shall result in a loss of cash assistance benefits in accordance with the provisions of this section.

    a. (1) In an assistance unit with a single adult or couple without dependent children or a single adult with dependent children, the person in noncompliance shall be subject to a loss of cash assistance benefits for a minimum of one month for a first offense. If an intent to comply by the person in noncompliance, as defined by regulation of the commissioner, is not evidenced by the end of the one-month period, continued suspension of cash assistance benefits for the person shall remain in effect for up to two more months. If an intent to comply by the person in noncompliance is not evidenced by the end of the third month, the assistance unit's case shall be closed for cash assistance benefits, and a reapplication shall be required by the assistance unit in order to receive cash assistance benefits.

    (2) In a two-parent assistance unit with dependent children, if one parent is in noncompliance for a first offense, the needs of both adults shall be deleted from the cash assistance benefits provided to the assistance unit for a minimum of one month when the other parent is not otherwise participating in a work activity, or is otherwise exempt as determined by the commissioner. If an intent to comply by the person in noncompliance, as defined by regulation of the commissioner, is not evidenced by the end of the one-month period, continued suspension of cash assistance benefits for both parents shall remain in effect for up to two more months. If an intent to comply by the person in noncompliance is not evidenced by the end of the third month, the assistance unit's case shall be closed for cash assistance benefits, and a reapplication shall be required by the assistance unit in order to receive cash assistance benefits.

    (3) If the noncompliance for a first offense is due to the inaction of a minor parent in the assistance unit, the needs of the minor parent and the minor parent's spouse, if any, in the assistance unit shall be deleted from the cash assistance benefits provided to the assistance unit for a minimum of one month. If an intent to comply by the minor parent in noncompliance is not evidenced by the end of the first-month period, suspension of the cash assistance benefits shall remain in effect for up to two additional months. If an intent to comply by the minor parent in noncompliance is not evidenced by the end of the third month, the minor parent and the minor parent's spouse, if any, in the assistance unit, as well as the dependent child of the minor parent in the assistance unit, shall be excluded from the assistance unit for cash assistance benefits.

    (4) A dependent child who fails to comply with the requirement for school attendance or other work activity participation pursuant to this act for a first offense shall be subject to a loss of cash assistance benefits for one month. If an intent to comply by the dependent child is not evidenced by the end of the one-month period, cash assistance benefits shall be suspended for that person for up to two additional months. If an intent to comply by the dependent child is not evidenced by the end of the third month, the dependent child shall be excluded from the assistance unit for cash assistance benefits.

    b. (1) In an assistance unit with a single adult or couple without dependent children or a single adult with dependent children, the person in noncompliance shall be subject to a loss of cash assistance benefits for a minimum of one month for a second offense. If an intent to comply by the person in noncompliance, as defined by regulation of the commissioner, is evidenced by the end of the one-month period, only that person's needs shall be deleted from the cash assistance benefits provided to the assistance unit for the following month. If an intent to comply by the person in noncompliance is not evidenced by the end of the one-month period, the entire assistance unit shall be subject to a loss of cash assistance benefits for the following month. If an intent to comply by the person in noncompliance is not evidenced by the end of the second month, the assistance unit's case shall be closed for cash assistance benefits, and a reapplication shall be required by the assistance unit in order to receive cash assistance benefits.

    (2) In a two-parent assistance unit with dependent children, if one parent is in noncompliance for a second offense, the needs of both adults shall be deleted from the cash assistance benefits provided to the assistance unit for a period of one month when the other parent is not otherwise participating in a work activity, or is otherwise exempt as determined by the commissioner. If an intent to comply by the person in noncompliance, as defined by regulation of the commissioner, is not evidenced by the end of the one-month period, the entire assistance unit shall be subject to a loss of cash assistance benefits for the following month. If an intent to comply by the person in noncompliance is not evidenced by the end of the second month, the assistance unit's case shall be closed for cash assistance benefits, and a reapplication shall be required by the assistance unit in order to receive cash assistance benefits.

    (3) If the noncompliance for a second offense is due to the inaction of a minor parent in the assistance unit, the needs of the minor parent and the minor parent's spouse, if any, in the assistance unit shall be deleted from the cash assistance benefits provided to the assistance unit for a minimum of one month. If an intent to comply by the minor parent in noncompliance is not evidenced by the end of the one-month period, the minor parent and the minor parent's spouse, if any, in the assistance unit, as well as the dependent child of the minor parent in the assistance unit, shall be subject to a loss of cash assistance benefits for the following month. If an intent to comply by the minor parent in noncompliance is not evidenced by the end of the second month, the minor parent and the minor parent's spouse in the assistance unit, as well as the dependent child of the minor parent in the assistance unit, shall be excluded from the assistance unit for cash assistance benefits.

    (4) A dependent child who is in noncompliance with the requirement for school attendance or other work activity participation pursuant to this act for a second offense shall be subject to a loss of cash assistance benefits for a minimum of two months. If an intent to comply by the dependent child is not evidenced by the end of the two-month period, the dependent child shall be excluded from the assistance unit for cash assistance benefits.

    (5) A person sanctioned for a second offense pursuant to this subsection shall be counseled by a county agency employee prior to the reinstatement of eligibility for cash assistance benefits.

    c. (1) The person in noncompliance and all other members of the person's assistance unit shall be subject to a loss of cash assistance benefits for a minimum of three months for a third and subsequent offense. If an intent to comply by the person in noncompliance is not evidenced by the end of the three-month period, the assistance unit's case shall be closed for cash assistance benefits, and a reapplication shall be required by the assistance unit in order to receive cash assistance benefits.

    (2) A dependent child who is in noncompliance with the requirement for school attendance or other work activity participation pursuant to this act for a third or subsequent offense shall be subject to a loss of cash assistance benefits for a minimum of three months. If an intent to comply by the dependent child is not evidenced by the end of the three-month period, the dependent child shall be excluded from the assistance unit for cash assistance benefits.

    d. The county agency shall maintain a record of the number of sanctions which have accrued to an assistance unit. The number of sanctions accruing to an assistance unit shall be reduced by one for each continuous 12-month period in which no sanction has been imposed on a member of that assistance unit.

    e. A recipient who voluntarily quits a job without good cause, as defined by regulation of the commissioner, shall render the entire assistance unit ineligible for cash assistance benefits for a period of two months from the date the recipient quit the job; except that, if the recipient is a dependent child engaged in a work activity, only the needs of that dependent child shall be deleted from the cash assistance benefit provided to the assistance unit for the two-month period.

 

    10. a. A person shall be required to satisfy any sanction or repayment obligation incurred pursuant to any federal or State law governing public assistance, including any act repealed by this act, as a condition of eligibility for benefits.

    b. (1) Whenever a parent or relative with whom a dependent child is living applies for or is receiving benefits for that child, and it appears that there is pending entitlement to a payment to the child or to either or both of his parents of funds arising from a claim or interest legally or equitably owned by the child or by either or both of his parents, other than that portion of a personal injury award which a court specifically awards to a child to make him whole as a result of an injury, the county agency may, as a condition of eligibility or continuation of eligibility for benefits, require either or both parents, or relative, to execute a written promise to repay, from the funds anticipated, the amount of benefits to be granted from the date of entitlement to that payment. Upon any refusal to make repayment, including refusal by any person acting for or on behalf of either or both parents, or relative, in accordance with the written promise, the county agency may take all necessary and proper action under State law to enforce that promise, and the granting or continuing of benefits, as the case may be, shall be deemed due consideration therefor. Any payments from the settlement of the claim or interest legally or equitably owned by the child or by either or both of his parents made by any person acting for or on behalf of either or both parents, or relative, subsequent to notice of claim of the county agency and prior to express written approval by the county agency shall cause that person to be liable to the county agency in the amount of the payment.

    (2) Whenever any child with respect to whom benefits have been paid pursuant to this act or assistance paid pursuant to any act repealed by this act, shall die prior to the attainment of his 21st birthday, and shall leave an estate, the total amount of benefits paid with respect to that child pursuant to this act and the total amount of assistance paid pursuant to any act repealed by this act, shall be a valid and enforceable claim against that estate, with priority over all other unsecured claims except reasonable funeral expenses and terminal medical and hospital expenses, and the county agency shall take all necessary and proper action under State law to enforce that claim.

    (3) The county agency may, with the consent and approval of the Division of Family Development in the Department of Human Services, compromise and settle any claim for repayment of benefits paid pursuant to this act or assistance paid pursuant to any act repealed by this act.

    (4) The Division of Family Development shall determine and cause to be made such financial adjustments as are necessary to maintain a correct proportional participation in any repayment among the counties, State and federal government, and shall pay to the Treasurer of the United States the determined federal portion.

    

    11. The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act and to comply with the requirements of Pub.L.104-193.

 

    12. The following are repealed:

Section 1 of P.L.1987, c.283 (C.30:4D-6b);

P.L.1941, c.34 (C.44:8-104);

P.L.1959, c.86 (C.44:10-1 et seq.);

P.L.1983, c.85 (C.44:10-3.1 et seq.);

P.L.1985, c.501 (C.44:10-5.1 et seq.);

P.L.1991, c.523 (C.44:10-19 through 44:10-33);

P.L.1991, c.525 (C.44:10-3.3 et seq.);

P.L.1991, c.526 (C.44:10-3.5 et seq.); and

P.L.1991, c.527 (C.44:10-3.7 et seq.).

 

    13. The following are repealed:

P.L.1947, c.156 (C.44:8-107 et seq.);

P.L.1950, c.303 (C.44:8-146 et seq.);

P.L.1988, c.79 (C.44:8-153 et seq.);

Section 27 of P.L.1994, c.182 (C.44:8-158);

P.L.1993, c.305 (C.44:8-117.1); and

Sections 28 through 32 of P.L.1995, c.259 (C.44:8-145.1 et seq.).

 

    14. This act shall take effect immediately, except that section 13 shall take effect on January 1, 1998.


STATEMENT

 

    This bill establishes the "Work First New Jersey" program in the Department of Human Services (DHS) as the State's consolidated public assistance program, replacing the current programs of aid to families with dependent children (AFDC), AFDC emergency assistance, general assistance (GA), GA emergency assistance, the GA employability program, and the Family Development Initiative.

    The bill repeals:

   P.L.1959, c.86 (C.44:10-1 et seq.), the statute which established the AFDC program as the basic cash assistance program for custodial parents and their dependent children, and replaces AFDC with the Work First New Jersey program, which is time-limited and work-oriented in nature;

   the "Family Development Act," P.L.1991, c.523 (C.44:10-19 through 44:10-33), which established the Family Development Initiative that will also be replaced by the Work First New Jersey program, since the provisions of that statute are obviated by this bill;

   effective January 1, 1998, the "General Public Assistance Law," P.L.1947, c.156 (C.44:8-107 et seq.), since the GA program is to be folded into the Work First New Jersey program; and

   ancillary statutes pertaining to the AFDC and GA programs.

    The bill provides that, with respect to the Work First New Jersey program:

   A recipient is not entitled to receive an increase in cash assistance provided by the program solely as a result of parenting an additional child during the period that the recipient is eligible for benefits.

   A recipient is required to engage in one or more of the following work activities, as defined by regulation of the Commissioner of Human Services (unless exempted or deferred under this bill): employment; work experience; on-the-job training; job search and job readiness assistance; vocational educational training; job skills training directly related to employment; community work experience; alternative work experience; supportive work; community service; high school or an equivalency program of study (mandatory for teenage recipients); and education that is necessary for employment in the case of a person who has not received a high school diploma or a certificate of high school equivalency, a course of study leading to a certificate of general equivalence, or post-secondary education, when combined with community work experience participation or another work activity approved by the commissioner, including employment.

   The program shall meet federal requirements for the participation


of recipients in work activities established pursuant to Pub.L.104-193.

   A teenage parent shall be required to live with a parent or guardian, or in an adult supervised setting, and to complete a high school or equivalency program of study, as a condition of eligibility for the program.

   A recipient who fails to actively cooperate with the program or participate in required work activities is subject to a loss of cash assistance.

    Many of the provisions of this bill, including the requirements for participation in work activities under the Work First New Jersey program, are intended to implement requirements which the State must adopt under the recently enacted federal welfare reform law, Pub.L.104-193, the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996." The new federal law eliminates the open-ended entitlement program of aid to families with dependent children and creates a temporary assistance for needy families (TANF) block grant for states to provide time-limited cash assistance. The Work First New Jersey program will serve as the TANF program for New Jersey pursuant to Pub.L.104-193.

 

 

                             

 

Designated the "Work First New Jersey Act."