SENATE HUMAN SERVICES COMMITTEE

STATEMENT TO

SENATE, No. 400

with committee amendments

STATE OF NEW JERSEY

DATED: MAY 2, 1996

            The Senate Human Services Committee reports favorably Senate Bill No. 400.As amended by the committee, this bill provides that if an applicant for, or recipient of, benefits under the program of aid to families with dependent children (AFDC), 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 AFDC 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 AFDC 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.

      The bill provides that the Commissioner of Human Services shall exempt from the first 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.

      In the case of an AFDC applicant or recipient and the applicant's or recipient's dependent child who are exempted from the requirement that the applicant or recipient live with and have the benefits paid to, a parent, legal guardian, or other relative, the county welfare agency or the Family Development Initiative representative who serves as their case manager pursuant to the "Family Development Act," P.L.1991, c.523 (C.44:10-19 et seq.), 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 commissioner shall exempt from the requirement to attend school an AFDC applicant or recipient who 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.

      The commissioner may also exempt an AFDC applicant or recipient from either or both of the requirements, 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.

      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 to drop out of school and encourage them to wait until they are emotionally and financially capable of caring for an infant and to at least complete their high school education.

      This bill is designed to build upon the AFDC reform initiatives enacted into law during the 1990-91 legislative session, in order to effect further significant reforms in that program that will strengthen families, restore the dignity and hope of AFDC recipients, encourage them to exercise personal responsibility, and facilitate the efforts of these persons to escape the bonds of welfare dependency and achieve economic independence.

      The committee adopted technical amendments to reflect the statutory citation to the "Family Development Act."