ASSEMBLY, No. 777
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblywoman FARRAGHER
An Act concerning eligibility for aid to families with dependent children benefits for certain persons and supplementing chapter 10 of Title 44 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that children and teenagers need the benefits of the support and guidance which a family structure provides; that 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; that in the process, these youths deprive themselves of the education and family structure necessary to support themselves and their babies; that the support and structure provided by families are important to the development of a child's maximum potential; that the State has demonstrated its commitment to the strengthening of families by establishing the Family Development Initiative pursuant to the "Family Development Act," P.L.1991, c.523 (C.44:10-19 et seq.); and that the State needs to take further action to build upon the provisions of that law by removing the incentive for children to have children and encouraging families to stay together.
2. a. An applicant for, or recipient of, benefits under the program of aid to families with dependent children, or AFDC, established pursuant to P.L.1959, c.86 (C.44:10-1 et seq.) shall be required, as a condition of eligibility for AFDC benefits for the applicant or recipient and the applicant's or recipient's dependent child, to reside in a home maintained by, and have the AFDC benefits paid to, the applicant's or recipient's parent, legal guardian, or other adult relative, if the applicant or recipient meets all of the following conditions:
(1) is less than 18 years of age;
(2) has never married; and
(3) is pregnant, or is caring for a dependent child.
b. The Commissioner of Human Services shall exempt from the provisions of subsection a. of this section an AFDC 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;
(4) has exhibited neglect with respect to the needs of the applicant or recipient and the applicant's or recipient's dependent child; or
(5) has expended AFDC benefits in an improper manner.
The commissioner may also exempt an AFDC 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 person and the person's dependent child.
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 subsection.
c. In the case of an AFDC applicant or recipient and the applicant's or recipient's dependent child who are exempted from the requirements of this act in accordance with subsection b. of this section, the county welfare 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. A recipient of AFDC benefits shall be subject to the provisions of subsection a. of this section at the time of that person's redetermination of eligibility for benefits.
3. The Commissioner of Human Services, 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.
4. This act shall take effect immediately.
STATEMENT
This bill requires that an aid to families with dependent children (AFDC) applicant or recipient, as a condition of eligibility for AFDC benefits for the applicant or recipient and the applicant's or recipient's dependent child, reside in a home maintained by, and have the AFDC benefits paid to, the applicant's or recipient's parent, legal guardian, or other adult relative, if the applicant or recipient meets all of the following conditions:
(1) is less than 18 years of age;
(2) has never married; and
(3) is pregnant, or is caring for a dependent child.
The bill provides that the Commissioner of Human Services shall exempt from this requirement an AFDC applicant or recipient who, in the determination of the commissioner, 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;
(4) has exhibited neglect with respect to the needs of the applicant or recipient and the applicant's or recipient's dependent child; or
(5) has expended AFDC benefits in an improper manner.
The commissioner may also exempt an AFDC applicant or recipient from the requirements of this bill, if the commissioner otherwise determines that the exemption would be in the best interest of that person and the person's dependent child.
The bill directs the commissioner to provide an appropriate appeal mechanism for an AFDC applicant or recipient to present evidence that would provide the basis for an exemption from the requirements of the bill.
In the case of an AFDC applicant or recipient and the applicant's or recipient's dependent child who are exempted from the requirements of the bill, the county welfare 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.
The bill stipulates that an AFDC recipient is subject to the requirements of this bill at the time of that person's redetermination of eligibility for benefits.
This bill is intended to reverse the effect which the AFDC program has had in terms of breaking up recipient families, and to strengthen these families instead, by augmenting the family supports which are part of the Family Development Initiative established pursuant to P.L.1991, c.523. The bill will reduce the incentive for teenagers to have babies in order to qualify for AFDC benefits and encourage them to wait until they are emotionally and financially capable of caring for an infant.
Conditions eligibility for AFDC benefits for a person under age 18 on that person's residing with a parent, guardian or other adult, unless exempted.