§ 131. Assistance, care and services to be given. 1. It shall be the\nduty of social services officials, insofar as funds are available for\nthat purpose, to provide adequately for those unable to maintain\nthemselves, in accordance with the requirements of this article and\nother provisions of this chapter. They shall, whenever possible,\nadminister such care, treatment and service as may restore such persons\nto a condition of self-support or self-care, and shall further give such\nservice to those liable to become destitute as may prevent the necessity\nof their becoming public charges.\n 2. It shall be the duty of social services officials, insofar as funds\nare available for that purpose, to cooperate with the directors of state\ndepartment of mental hygiene facilities in order to assist patients\ndischarged or about to be discharged from mental hygiene institutions in\ntheir transition to a condition of self-support and self-care in the\ncommunity.\n 3. As far as possible families shall be kept together, they shall not\nbe separated for reasons of poverty alone, and they shall be provided\nservices to maintain and strengthen family life. In providing such\nservices, the public welfare official may utilize appropriate community\nresources, including non-profit private agencies. Whenever practicable,\nassistance and service shall be given a needy person in his own home.\nThe commissioner of public welfare may, however, in his discretion,\nprovide assistance and care in a boarding home, a home of a relative, a\npublic or private home or institution, or in a hospital.\n 4. For needy persons who are members of a family household, the\nstandard of need for determining their eligibility for public assistance\nshall be as prescribed by section one hundred thirty-one-a of this\nchapter and applicable federal requirements. For needy persons who are\nnot members of a family household, the department shall continue to\ndetermine the standard of need for determining their eligibility for\npublic assistance pursuant to the provisions of this chapter and\napplicable federal requirements.\n 5. No public assistance shall be given to an applicant for or\nrecipient of public assistance who has failed to comply with the\nrequirements of this chapter, or has refused to accept employment in\nwhich he or she is able to engage.\n 5-a. The state commissioner of labor, in cooperation with the\ncommissioner and with individual local social services officials, is\nhereby authorized to locate jobs services personnel wherever\nappropriate, in order to achieve the employment objectives of this\nchapter. Local social services officials, in cooperation with the\ncommissioner and the commissioner of labor, are authorized to locate\nsocial services personnel wherever appropriate, in order to achieve the\nemployment objectives of this chapter.\n 6. No individual who is under the age of eighteen and is not married,\nwho resides with and provides care for his or her dependent child or is\npregnant and otherwise entitled to family assistance shall receive\nfamily assistance for himself or herself unless the individual,\nindividual and child or pregnant woman resides in a place of residence\nmaintained as a home by the individual's parent, legal guardian or other\nadult relative or in an adult-supervised supportive living arrangement.\nWhere possible, any such benefits to be paid on behalf of such\nindividual, individual and child or pregnant woman shall be provided by\nthe social services district to the parent, legal guardian or other\nadult relative with whom such individual, individual and child or\npregnant woman resides. The requirement to reside with a parent,\nguardian or adult relative shall not apply if (a) the individual has no\nliving parent, legal guardian or other appropriate adult relative who is\nliving or whose whereabouts are known or (b) no living parent or legal\nguardian of such individual allows the individual to live in his or her\nhome or (c) the individual or minor child is being or has been subjected\nto serious physical or emotional harm, sexual abuse or exploitation in\nthe residence of the parent or guardian or (d) substantial evidence\nexists of imminent or serious harm if such individual or dependent child\nwere to live in the same residence with the individual's parent or legal\nguardian or (e) it is in the minor child's best interests to waive such\nrequirement with respect to the individual or minor child, as determined\nin accordance with department regulations, consistent with federal law\nand regulations. Unless the individual's current living arrangement is\nappropriate, an individual and his or her minor child who are not\nrequired hereunder to reside with a parent, guardian or adult relative\nshall be required as a condition of assistance to reside in an adult\nsupervised supportive living arrangement approved by the district in\naccordance with standards set by the department and taking into account\nthe needs and concerns of the individual, including but not limited to a\nsecond chance home or maternity home. A "second chance home" is a\nfacility which provides teen parents with a supportive and supervised\nliving arrangement in which they are required to learn parenting skills,\nincluding child development, family budgeting, health and nutrition and\nother skills to promote long-term economic independence and the\nwell-being of their children. Social services districts shall provide\nadult supervised supportive living arrangements or assist individuals in\nlocating them. If a child subject to the requirements of this\nsubdivision alleges facts which, if true, would render the requirement\nto live with a parent, guardian or other adult relative inapplicable by\nreason of paragraph (c) or (d) of this subdivision, a social services\ndistrict shall take no action to deny assistance under the authority of\nthis subdivision unless it has duly investigated in accordance with\nsection four hundred twenty-four of this chapter and made a contrary\nfinding. If a social services district denies assistance after a child\nalleges facts which, if true, would render this subdivision inapplicable\nby reason of paragraph (c) or (d) of this subdivision, the applicant\nshall be entitled to a fair hearing pursuant to section twenty-two of\nthis chapter held within thirty days of the request, if the request is\ntimely made.\n 7. a. Care, treatment and service as provided in subdivision one of\nthis section may include, in accordance with applicable federal and\nstate requirements, if any, medical care, instruction and work training\nto restore health, aptitudes and capabilities or develop new aptitudes\nand skills for the purpose of preparing individuals for gainful\nemployment.\n b. A public welfare official responsible for the assistance and care\nof a person who, in the judgment of such official, is employable or\npotentially employable, may require such person to receive suitable\nmedical care and/or undergo suitable instruction and/or work training.\nAny such person who wilfully refuses to accept such medical care,\nrefuses or fails to report for or cooperate in a program of instruction\nand/or work training as required by the public welfare official, shall\nbe ineligible to receive public assistance and care. However, the\nrequirements of this provision relating to instruction and work training\nshall not apply in the case of a person who is not available for\nemployment by reason of age, health or other disability.\n c. The provisions of this section shall not confer authority on a\nsocial services official to provide instruction which is available\nthrough the public school system, but regulations of the department may\nmake provision for such authority when special need therefor is\ndemonstrated.\n 8. This section shall be construed to require the employment of such\nemployees as may be necessary and qualified to perform or provide the\nspecialized services indicated by federal or state requirements.\n 9. Upon determining that a person is eligible for any form or category\nof public assistance, the social services official shall issue to any\nsuch person to whom payment is to be made, an appropriate payment access\ncard, in a form approved by the office of temporary and disability\nassistance, which shall be used as the office of temporary and\ndisability assistance, by regulation, may prescribe for improved\nadministration.\n 10. Any applicant who voluntarily terminated his or her employment or\nvoluntarily reduced his or her earning capacity for the purpose of\nqualifying for public assistance or a larger amount thereof shall be\ndisqualified from receiving such assistance for ninety days from such\ntermination or reduction, unless otherwise required by federal law or\nregulation. Any applicant who applies for public assistance within\nninety days after voluntarily terminating his or her employment or\nreducing his or her earning capacity shall, unless otherwise required by\nfederal law or regulation, be deemed to have voluntarily terminated his\nor her employment or reduced his or her earning capacity for the purpose\nof qualifying for such assistance or a larger amount thereof, in the\nabsence of evidence to the contrary supplied by such person.\n 11. Social services officials are hereby authorized to furnish\nassistance which duplicates assistance already granted, but, unless\notherwise specifically required by the provisions of title eight of\narticle five of this chapter, (i) in no event shall such officials be\nrequired to furnish such assistance and (ii) in no event shall state\nreimbursement be available for such expenditures, provided, however,\nthat any payment required by a court of competent jurisdiction shall be\nsubject to state reimbursement.\n 12. Notwithstanding any provision of this chapter or other law to the\ncontrary, no public assistance or food stamps shall be given to any\nindividual during the ten-year period that begins on the date the\nindividual is convicted in federal or state court of having made a\nfraudulent statement or representation with respect to his or her place\nof residence in order to receive public assistance, medical assistance\nor food stamps simultaneously from two or more states or supplemental\nsecurity income in two or more states. The preceding sentence shall not\napply with respect to a conviction of an individual in any month\nbeginning after the president of the United States grants a pardon with\nrespect to the conduct which was the subject of the conviction.\n 13. Social services districts shall provide all applicants and\nrecipients of public assistance with children five years of age or less\nwith information and a schedule regarding age-appropriate immunizations\nfor children in accordance with the recommendations of the department of\nhealth and the immunization practices advisory committee of the United\nStates department of health and human services. The telephone number of\nthe local county health department shall be included on the immunization\nschedule.\n 14. (a) Notwithstanding any provision of this chapter or other law to\nthe contrary, no public assistance shall be given to any individual who\nis (i) fleeing to avoid prosecution or custody or conviction under the\nlaws of the place from which the individual flees for a crime, or an\nattempt to commit a crime, which is a felony under the laws of the place\nfrom which the individual flees or which, in the case of the state of\nNew Jersey, is a high misdemeanor under the laws of such state or (ii)\nviolating a condition of probation or parole imposed under federal or\nstate law.\n (b) For purposes of this section, if and to the extent permitted by\nfederal law, a person shall be considered to be violating a condition of\nprobation or parole only if:\n (i) he or she is currently an absconder from probation or parole\nsupervision and a warrant alleging such a violation is outstanding; or\n (ii) he or she has been found by judicial determination to have\nviolated probation or by administrative adjudication by the department\nof corrections and community supervision to have violated parole.\n Such person shall be considered to be violating a condition of\nprobation or parole only until he or she is restored to probation or\nparole supervision or released from custody, or until the expiration of\nthe person's maximum period of imprisonment or supervision, whichever\noccurs first.\n (c) A person considered to be violating a condition of probation or\nparole under this section shall include a person who is violating a\ncondition of probation or parole imposed under federal law.\n (d) For purposes of this section, probation or parole shall include\nconditional release, wherever applicable.\n 15. Notwithstanding any provision of this chapter or other law to the\ncontrary, no public assistance shall be given to or for any minor child\nwho has been or is expected to be absent from the home of his or her\nparent or other caretaker relative for a consecutive period of\nforty-five days or more without good cause as set forth in regulations\nof the department, nor shall any assistance be given to any parent or\nother caretaker relative who fails to notify the social services\ndistrict of the absence of the minor child within five days after it\nbecomes clear to the parent (or relative) that the child will be absent\nfor a consecutive period of forty-five days or more. Good cause shall\ninclude absence for placement in foster care if the goal set forth in\nthe child service plan under section four hundred nine-e of this chapter\nis the return of the child to a member of the household, or attendance\nat school or hospitalization, if it is in the best interests of the\nchild to return home and return is expected within a reasonable time.\n 16. If, in accordance with section one hundred fifty-eight, three\nhundred forty-nine-b or other provisions of this chapter, the social\nservices official determines that an individual is not cooperating in\nestablishing paternity or in establishing, modifying, or enforcing a\nsupport order with respect to a child of the individual, and the\nindividual does not have good cause for such failure or is not otherwise\nexcepted from so cooperating in accordance with regulations of the\ndepartment, the assistance given to the household shall be reduced by\ntwenty-five percent.\n 18. Notwithstanding any provision of this chapter or other law to the\ncontrary, no public assistance shall be given to any parent under the\nage of eighteen, who is not married and has a minor child twelve weeks\nof age or more in his or her care and who has not successfully completed\na high school education or its equivalent if such individual does not\nparticipate in educational activities directed toward the attainment of\na high school diploma or its equivalent or an alternative educational or\ntraining program directly related to employment and approved by the\nsocial services district. No person shall be denied assistance under\nthis subdivision during any period of time in which enrollment in\nrequired educational activities is not available. Nothing herein shall\nprohibit a social services district from requiring any person to work\ntoward attaining a secondary school diploma or its equivalent unless\nsuch person has been determined by a medical, psychiatric or other\nappropriate professional to lack the requisite capacity to complete\nsuccessfully such a course of study.\n 19. When a recipient claims that his or her system access device has\nbeen lost, stolen, or destroyed, or that the security features of the\ncard have been compromised, the local social services district, subject\nto reasonable terms and conditions set forth in department regulations\nand policies, shall provide the recipient with a replacement card within\nforty-eight hours exclusive of weekends and holidays.\n 20. In accordance with the provisions of this subdivision and the\nregulations of the office of temporary and disability assistance, social\nservices districts shall make all applicants for and recipients of\npublic assistance aware of their option to receive an information packet\nappropriate for victims of sexual assault. Such information packet shall\nbe made available to all individuals who demonstrate a need for or who\nare interested in receiving services appropriate for victims of sexual\nassault, and shall include referral and contact information for all\nlocal programs that provide services to victims of sexual assault\nincluding, but not limited to:\n (a) sexual assault examiner programs, including a list of any local\nhospitals offering sexual assault forensic examiner services certified\nby the department of health;\n (b) rape crisis centers; and\n (c) other advocacy, counseling, and hotline services appropriate for\nvictims of sexual assault.\n