ASSEMBLY, No. 2137

STATE OF NEW JERSEY

INTRODUCED JUNE 10, 1996

By Assemblywoman CRUZ-PEREZ

An Act concerning eligibility for benefits under the program of aid to families with dependent children 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 every child deserves to know who both parents are and to receive financial support and nurturing from both parents; that the State has demonstrated its commitment to the support and development of children and their families who are receiving public assistance 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 further reform of the welfare system is necessary to ensure paternity establishment for children, and the right of each child to receive the support necessary to grow and develop to that child's maximum potential.

    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 to furnish the following information as a condition of that person's and that person's dependent child's eligibility for AFDC benefits: the name of the dependent child's other parent, and that parent's social security number, if known, or the last known address of that parent's place of employment, and any additional information that may assist in identifying or locating the other parent as determined by the Commissioner of Human Services.

    b. The Commissioner of Human Services shall exempt from the provisions of subsection a. of this section an AFDC applicant or recipient who, in the determination of the commissioner, is unable to supply the required information, or whom the commissioner determines has an acceptable reason for refusing to supply the information, including, but not limited to, evidence that the other parent: poses a threat to the physical safety of the applicant or recipient and the applicant's or recipient's dependent child; or 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.

    c. A recipient of AFDC benefits shall be requested to furnish the information required pursuant to subsection a. of this section, if the recipient has not already done so, at the time of that person's redetermination of eligibility for benefits.

    3. Notwithstanding the provisions of the "Family Development Act," P.L.1991, c.523 (C.44:10-19 et seq.) to the contrary, an applicant for, or recipient of, aid to families with dependent children benefits who would be eligible to receive those benefits except for the provisions of P.L. , c. (C. )(pending before the Legislature as this bill), shall be eligible to receive financial assistance for day care services for the applicant's or recipient's child on the same basis as participants in the Family Development Initiative established pursuant to that act, in accordance with the provisions of section 7 of P.L.1991, c.523 (C.44:10-25) and the rules and regulations adopted by the Commissioner of Human Services to effectuate those provisions.

    4. 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.

    5. This act shall take effect immediately.

STATEMENT

    This bill requires that an aid to families with dependent children (AFDC) applicant or recipient furnish the following information as a condition of that person's and that person's dependent child's eligibility for AFDC benefits: the name of the dependent child's other parent, and that parent's social security number, if known, or the last known address of that parent's place of employment, and any additional information that may assist in identifying or locating the other parent as determined by the Commissioner of Human Services.

    It should be noted that this bill does not affect the eligibility of an AFDC applicant's or recipient's child for Medicaid or food stamps. In addition, the bill provides that if an AFDC applicant or recipient were denied AFDC benefits under the provisions of this bill, the applicant's or recipient's child would still be eligible for child care benefits under the "Family Development Act," P.L.1991, c.523 (C.44:10-19 et seq.) on the same basis as the children of AFDC recipients who are participating in the Family Development Initiative established under that law.

    The bill provides that the Commissioner of Human Services shall exempt from the requirement of identifying the dependent child's other parent an AFDC applicant or recipient who, in the determination of the commissioner, is unable to supply the required information, or who the commissioner determines has an acceptable reason for refusing to supply the information, including, but not limited to, evidence that the other parent poses a threat to the physical safety of the applicant or recipient and the applicant's or recipient's dependent child, or has physically or sexually abused the applicant or recipient, or the applicant's or recipient's dependent child.

    The bill further provides that an AFDC recipient shall be requested to furnish the information required under the bill, if the recipient has not already done so, at the time of that person's redetermination of eligibility for benefits.

Conditions a parent's eligibility for AFDC benefits on that person's identifying the other parent, unless unable to do so.