351.2 Aspects of investigation and eligibility.
(a) Identity. The applicant or recipient must furnish verification of
his identity, as a condition of eligibility, at the time of application or recertification
for public assistance or care. Any member of a household eighteen years of age or older
and the head of a household who is receiving or applying for safety net assistance,
emergency safety net assistance, public institutional care for adults, family assistance
or emergency assistance to needy families with children is, when requested to do so by the
social services district, required to establish his or her identity by means of finger
images to be used in the automated finger imaging system authorized in Part 384 of this
Title. No household can receive safety net assistance, emergency safety net assistance,
public institutional care for adults, family assistance or emergency assistance to needy
families with children if any member of the household, eighteen years of age or older, or
the head of the household, refuses to allow his or her finger images to be obtained for
use in the automated finger imaging system. Any such household's application must be
denied or, if the household is participating in the program, benefits must be
discontinued. Persons applying for or receiving benefits under the food stamp program or
food assistance program must also allow their finger images to be obtained in accordance
with section 387.9 and 388.8 of this Title.
(b) Residence and cost of shelter. Place of residence and rent payment
or other shelter costs of the applicant or recipient shall be verified.
(c) Family composition. For each member of the household for whom an
application for assistance is made the following information shall be furnished: name;
date and place of birth; relationship to other members of the household; social security
number; veteran status; activity status; marital status if 16 years of age or over; if any
person is pregnant, the anticipated date of delivery; and if the applicant is employed,
the expenses incident to such employment. For all members of the household not applying
for assistance, the name and relationship to those applying for assistance shall be
furnished.
(d) Need. Consideration shall be given to individual and family
requirements for all items of need and any changes in such requirement for need in
accordance with department regulations.
(e) Resources. Resources include individual or family financial assets,
income from employment, eligibility for or receipt of benefits, and the services and
social resources available through family relationships and community programs. Resources
shall be explored, verified and evaluated, as to their immediate and/or potential
availability to remove or reduce the need for public assistance. All resources except one
vehicle which is evaluated as described in 352.23(b)(2) of this Title shall be evaluated
according to their equity value. Equity value means fair market value less encumbrances
(legal debts).
(1) Financial resources. Each financial asset
or resource immediately or potentially available to the applicant or recipient shall be
identified and shall be explored to determine its nature, equity value, form and
availability. Each such resource shall be evaluated and a decision reached in regard to
its utilization. Such resources include, but are not limited to: employability, earnings,
work-related benefits, pensions, health insurance, small business, real and personal
property, securities, cash on hand, bank accounts, insurance, trust funds, estate
settlements, servicemen's benefits, income in kind, contributions from relatives and
friends, support orders, and any other benefits or interest in real or personal property.
To obtain information on RSDI payments, each local social services department shall, in
accordance with the instructions of the State Department of Social Services, submit input
to the beneficiary data exchange (BENDEX) system.
(2) Relatives.
(i) There shall be
reviewed with the applicant the whereabouts of any legally responsible relatives. Unless
proof of death of each legally responsible relative is shown, there shall be referred to
the local child support enforcement unit, on a form prescribed therefor, as much
information as can be obtained on each such legally responsible relative. A referral in
writing shall also be made to the local law enforcement official. The referral to the
local child support enforcement unit shall be within two working days of furnishing aid.
(ii) When the applicant
for or the recipient of public assistance or care is an unmarried mother and surrender of
the child to the social services official for the purpose of adoption is under
consideration, or the child has been surrendered to the social services official for the
purpose of adoption, referral to the local child support enforcement unit may be deferred
for a period of 90 days after the birth of the child.
(iii) When the
applicant for or recipient of public assistance is pregnant with, or is the parent of, and
residing with, an out-of-wedlock child and surrender of the child to the social services
official for purpose of adoption is not under consideration, referral in writing must be
made to the local child support enforcement unit within two days of furnishing assistance.
(iv) When an applicant
for or recipient of public assistance or the caretaker of a child applying for or in
receipt of public assistance, willfully fails or refuses to cooperate by furnishing
information or aid to the local child support enforcement unit in establishing a support
obligation, enforcing a support order or establishing paternity, the social services
official shall reduce by 25 percent the public assistance otherwise available to the
household for so long as such cooperation is withheld.
(f) Categorical eligibility factors. The special eligibility
requirements of social security retirement, survivor's and disability (RSDI) benefits,
supplemental security income (SSI), family assisastance (including federally participating
non-cash safety net assistance, and emergency assistance to needy families with children
(EAF) shall be considered whenever there is a possibility that eligibility for one of
these categories exists. When eligibility or presumptive eligibility is evident, full
utilization of these categories shall be made. Where veteran assistance (VA) is
administered, eligibility for this type of assistance shall be considered, if eligibility
for a Federal category does not exist. Adult institutional care shall be considered when
care in such a facility is required and eligibility for a federally aided category does
not exist.
(g) Residence. Information obtained shall be sufficient to establish
that:
(1) the applicant or recipient is residing or
found within the social services district on the date of application, except in cases of
temporary absence or continuing responsibility under subdivision (5) of section 62 of the
Social Services Law;
(2) where applicable, another social services
district is responsible for reimbursing the costs of institutional care; and
(3) where indicated, the State is responsible
for reimbursing the full costs of assistance or care.
(h) An applicant or recipient who is an alien shall furnish evidence to
verify that he is lawfully residing in the United States.
(i) Requirements for alcoholism and substance abuse screening,
assessment and rehabilitation services.
(1) Screening and assessment.
(i) Investigation of
eligibility for public assistance must include a screening for alcohol and/or substance
abuse of all heads of households and of all adult household members, using a standardized
screening instrument developed by the Office of Alcoholism and Substance Abuse Services in
consultation with the office. Such screening will be performed at the time of application
and periodically thereafter, unless the recipient is actively participating in alcoholism
and/or substance abuse treatment in accordance with the provisions of this subdivision,
but no more frequently than every six months, unless the district has reason to believe
that an applicant or recipient is abusing or dependent on alcohol and/or drugs.
(ii) When the screening
process indicates that there is reason to believe that an applicant or recipient is
abusing or dependent on alcohol or drugs, or there is other evidence that an applicant or
recipient is abusing or dependent on alcohol or drugs, the local district must require the
applicant or recipient to undergo a formal alcohol or substance abuse assessment, which
may include drug testing, to be performed by a person who bears an alcohol and substance
abuse counselor credential, which is currently in good standing, issued by the Office of
Alcoholism and Substance Abuse Services in accordance with subdivision (d) of section
19.07 of the Mental Hygiene Law. The assessment may be performed directly by the district
or pursuant to contract with the district.
(iii) If the formal
assessment determines that the applicant or recipient is unable to work by reason of his
or her need for treatment for alcohol or substance abuse, or the applicant or recipient
has been ordered to participate in alcoholism or substance abuse treatment by a court of
competent jurisdiction, the social services official must refer the individual to an
appropriate alcoholism and/or substance abuse treatment program.
(iv) To be considered
an appropriate treatment program, the treatment program must:
(a) be licensed or certified by the Office of Alcoholism and Substance Abuse Services or
operated by the United States Department of Veterans Affairs and be determined by the
social services official to meet the rehabilitation needs of the individual, in accordance
with standards developed by the Office of Alcoholism and Substance Abuse Services;
(b) develop a treatment plan for the individual which includes an expected date of
availability for work related activities and provide a copy of such plan to the local
district responsible for payment, in a manner consistent with 41 CFR Part 2;
(c) provide at a minimum of every three months, a treatment progress report for each
recipient of public assistance to the local district responsible for payment of public
assistance benefits; and
(d) request approval by the local district responsible for payment of public assistance
benefits prior to changing an individual's level of treatment care.
(v) If the local
district is responsible for payment of treatment, the district can require in-district
treatment, provided an appropriate treatment program is available. When residential
treatment is appropriate for a single custodial parent, the social services official must
make diligent efforts to refer the parent to a program that would allow the family to
remain intact for the duration of the treatment.
(vi) A person who fails
to participate in the screening or in the assessment is ineligible for public assistance.
Other members of a household which includes a person who has failed to participate in the
screening or assessment must, if otherwise eligible, receive public assistance only
through non-cash safety net assistance.
(vii) If a person
required to participate in treatment pursuant to this subdivision fails to consent to
disclosure of necessary treatment information by the treatment program to the social
services district, or subsequently revokes such consent, such person will be ineligible
for public assistance. Other members of the household which includes such person will, if
otherwise eligible, receive public assistance only through non-cash safety net assistance.
(2) Rehabilitation services.
(i) A person referred
to, or participating in, a treatment program pursuant to paragraph (1) of this
subdivision, and the household in which he or she resides will receive non-cash safety net
assistance while the person is participating in such treatment program, if the household
is otherwise eligible for public assistance. If a person referred to treatment cannot
participate in that treatment because treatment is not presently available, that person
and the household in which he or she resides will receive non-cash safety net assistance
if the household is otherwise eligible for public assistance.
(ii) Local districts
are required to monitor treatment progress at a minimum of every three months.
(iii) If an applicant
for or recipient of public assistance is required to participate in an appropriate
rehabilitation program and fails to participate in such program without good cause or
leaves such program prior to completion of the program without good cause, or if an
applicant or recipient has been suspended from the receipt of social security disability
benefits or supplemental security income benefits by reason of noncompliance with
requirements of the Federal social security administration for treatment for substance
abuse or alcohol abuse, the person must be disqualified from receiving public assistance
for the time periods set forth below. Failure to participate in such program is defined as
failure to comply with the established treatment plan including scheduled treatment
sessions. The applicant or recipient is required to document compliance with the treatment
plan. The question of whether the applicant or recipient has completed the program will be
determined solely by using the guidelines and rules of the rehabilitation program.
(a) For the first failure to participate in or complete the program or to comply with the
requirements of the Federal social security administration, until the failure ceases or
for 45 days, whichever period of time is longer.
(b) For the second such failure, until the failure ceases or for 120 days, whichever
period of time is longer.
(c) For the third and subsequent failures, the person is disqualified until the failure
ceases or for 180 days, whichever period is longer.
The household in which the person resides will continue to receive
non-cash safety net assistance, if otherwise eligible.
(iv) The applicant or
recipient must be considered to have good cause for failing to participate or failing to
complete a rehabilitation program when:
(a) the local district, the facility and the applicant or recipient agree that the
applicant or recipient is in need of a different program than the one to which he or she
was referred or which he or she is attending and the applicant or recipient has enrolled
in a rehabilitation program which the local district has determined appropriate; or
(b) a verified unforeseen circumstance occurs that is beyond the applicant's or
recipient's control such as illness or a death in the family.
(v) Persons
disqualified from receiving public assistance pursuant to subparagraph (iii) of this
paragraph who would otherwise be eligible for public assistance and who return to required
treatment prior to the end of the disqualification period and are receiving care in an
Office of Alcoholism and Substance Abuse certified congregate care Level II facility, as
defined in section 352.8 of this Title or United States Veterans Hospital residential
treatment program, are eligible for non-cash safety net assistance.
(vi) If a recipient
required to participate in an appropriate treatment program receives a personal needs
allowance, such allowance must be made as a restricted payment to the treatment program
and must be a conditional payment. If such recipient leaves the treatment program prior to
completion of the program, any accumulated personal needs allowance must be considered an
overpayment and returned to the local district which provided the personal needs
allowance.
(3) For purposes of this subdivision, an adult
is any individual in the household over the age of 18 years who is applying for or in
receipt of public assistance.
(j) An applicant for public assistance must comply with the work
requirements set forth in Part 385 of this Title.
(k) Ineligible individuals. In addition to any other individual who
is ineligible for public assistance, the following individuals are also ineligible for
such assistance:
(1) any individual under the age of 18 who is
not married and has a minor child 12 weeks of age or more in his or her care and who has
not successfully completed a high school education or its equivalent if such individual
does not participate in educational activities directed toward the attainment of a high
school diploma or its equivalent or an alternative educational or training program
directly related to employment and approved by the social services district. Local
districts must not determine any person ineligible under this paragraph during any period
of time in which enrollment in required educational activities is not available. Nothing
prohibits a social services district from requiring any person to work toward attaining a
secondary school diploma or its equivalent unless such individual has been determined by a
medical, psychiatric or other appropriate professional to lack the requisite capacity to
complete successfully such a course of study;
(2) any individual during the ten-year period
that begins on the date the individual is convicted in federal or state court of having
made a fraudulent statement or representation with respect to his or her place of
residence in order to receive public assistance, medical assistance or food stamps
simultaneously from two or more states, or supplemental security income in two or more
states. This paragraph does not apply with respect to the conviction of an individual in
any month beginning after the president of the United States grants a pardon with respect
to the conduct which was the subject of the conviction;
(3) (i) any individual who is fleeing to avoid
prosecution or custody or conviction under the laws of the place from which the individual
flees for a crime or attempt to commit a crime which is a felony under the laws of the
place from which the individual flees, or which, in the case of the state of New Jersey,
is a high misdemeanor under the laws of such state; or
(ii) any individual who
is violating a condition of probation or parole imposed under federal or state law. Local
districts must consider a person to be violating a condition of probation or parole only
if:
(a) the person is currently an absconder from probation or parole supervision and a
warrant alleging such a violation is outstanding; or
(b) the person has been found by judicial determination to have violated probation or by
administrative adjudication by the division of parole to have violated parole. Such person
must be considered to be violating a condition of probation or parole under this paragraph
only until he or she is restored to probation or parole supervision or released from
custody, or until the expiration of the person's maximum period of imprisonment or
supervision, whichever occurs first.
A person considered to be violating a condition of probation or parole under this
paragraph includes a person who is violating a condition of probation or parole imposed
under federal law. For purposes of this paragraph, probation or parole includes
conditional release, wherever applicable; or
(4) any individual who is a minor child who has
been or is expected to be absent from the home of his or her parent or other caretaker
relative for a consecutive period of 45 days or more without good cause. In addition, no
assistance may be given to any parent or other caretaker relative who fails to notify the
social services district of the absence of the minor child within five days after it
becomes clear to the parent or relative that the child will be absent for a consecutive
period of 45 days or more. Good cause includes absence for placement in foster care if the
goal set forth in the child service plan under sections 428.6 and 428.7 of this Title is
the return of the child to a member of the household, visits to friends or relatives,
attendance at school, attendance at camp or hospitalization; if it is in the best
interests of the child to return home and return is expected within a reasonable time. A
parent or caretaker relative who fails to comply with the provisions of this paragraph is
ineligible for public assistance for a period of 30 days for each whole or partial
calendar month during which the child was absent from the home before the social services
district was notified of the absence.
(l) Requirements for domestic violence screening, assessment. and
referral for services, public assistance program waivers.
(1) Definitions.
(i) For purposes of
this subdivision, victim of domestic violence means an individual who has been subjected
to:
(a)
Physical acts that resulted in, or could result in, physical injury to the individual;
(b)
sexual abuse:
(c)
sexual activity involving a dependent child:
(d)
being forced as the caretaker relative of a dependent child to engage in nonconsensual
sexual acts or activities;
(e)
threats of, or attempts at, physical or sexual abuse:
(f)
mental abuse; or
(g)
neglect or the deprivation of medical care; and
(h)
such act or acts have or ate alleged to have been committed by a family or household
member.
(ii) For the purposes
of subparagraph (i) of this subdivision, family or household members mean the following
persons:
(a)
persons related by blood or marriage;
(b)
persons legally married to one another;
(c)
persons formerly married to one another regardless of whether they still reside in the
same household;
(d)
persons who have a child in common regardless of whether such persons are married or have
lived together at any time;
(e)
unrelated persons who are continually or at regular intervals living in the same household
or who have in the past continually or at regular intervals lived in, the same household;
(f)
unrelated persons who have had intimate or continuous social contact with one another and
who have access to one another's household; or
(g)
any other persons referenced in section 459-a(2) of the Social Services Law.
(2) Domestic violence liaison.
(i) Responsibilities.
Domestic violence liaisons are responsible for the following tasks:
(a)
assessing the credibility of the applicant/recipient's assertion of domestic violence
based upon information and corroborating evidence:
(b)
assessing the safety of the victim and the victim's dependents and their need for services
and support:
(c)
informing a victim of domestic violence referred to the liaison about domestic violence
and the options for protection, services and other supports;
(d)
informing a victim of domestic violence referred to the liaison about the rights and
responsibilities with respect to obtaining waivers of public assistance program
requirements:
(e)
gathering facts regarding the extent to which domestic violence is a barrier to the victim
of such violence meeting public assistance program requirements including employment
requirements and the need for obtaining waivers of such requirements;
(f)
determining the need for waivers where compliance with public assistance program
requirements would place the victim and/or the victims children at greater risk of harm or
make it more difficult to escape from the abuse, and making recommendations for granting
waivers or granting waivers of public assistance program requirements;
(g)
periodically reassessing the individual's domestic violence circumstances and modifying,
terminating or extending the public assistance program waiver(s) at least every six
months;
(h)
maintaining a list of, at a minimum, available domestic violence services and maintaining
a relationship with the providers of the services including, but not limited to domestic
violence service providers, key court personnel and the local domestic violence coalition,
where applicable;
(i)
coordinating activities with other case mangers and examiners within the social services
district;
(j)
facilitating emergency safety planning for victims of domestic violence in a crisis
situation, as necessary; and
(k)
developing an appropriate services plan when a waiver is granted, which is designed to
lead to work, to the extent that the plan would not make it more difficult for the victim
to escape domestic violence or unfairly penalize those individuals who are or who have
been victimized by domestic violence or who are at risk of further domestic violence.
(ii) Qualifications.
Social services districts must Dive a strong preference to relevant advocacy or counseling
experience in determining whether someone should be designated a domestic violence
liaison. Domestic violence liaisons must meet the following minimum fob qualifications:
(a)
be a caseworker, or
(1)
possess a bachelor's degree, or
(2)
have one year of domestic violence advocacy or domestic violence counseling experience
with an approved domestic violence program, or
(3)
have two years of relevant advocacy or domestic violence counseling experience; and
(b)
complete a course of training for domestic violence liaisons sponsored by the Office of
Temporary and Disability Assistance (Office); and
(c)
possess Food communication, listening and assessment skills and the ability to work
positively in a team setting.
(iii) If a social
services district chooses to contract for the domestic violence liaison position(s), it
must comely with the following requirements:
(a)
the agency employing the liaison(s) must be an approved residential program for victims of
domestic violence pursuant to Part 452, 453, 454, or 455 of this Title and/or a
nonresidential program for victims of domestic violence pursuant to Part 462 of this
Title;
(b)
if it is not feasible for the assessment function to be carried out at the offices of the
social services district, the district must make provision for ensuring that individuals
can Do to the alternative location, that their safety will be ensured and that their
confidentiality will be maintained. The district must make this information available to
the Office when requested:
(c)
the liaison must maintain regular contact with appropriate social services district staff,
including providing the district with data pertaining to public assistance pro-tram
waivers: and
(d)
the agency employing the liaison and the district must provide each other with necessary
training so that the agency and district can optimally fulfill their obligations under
this subdivision.
(3) Universal notification. Social services
districts must notify all public assistance applicants and recipients of the procedures
for protecting themselves from domestic violence and the availability of domestic violence
services. Such notification will be done by using the universal notification handout,
developed by the Office in consultation with the Office for the prevention of Domestic
Violence and statewide domestic violence advocacy groups.
(4) Screening and referral to liaisons.
(i) Social services
districts must inquire of all public assistance applicants and recipients regarding the
existence of any domestic violence committed against the applicant or recipient. Such
inquiry will be done by using the universal screening form developed by the Office in
consultation with the Office for the prevention of Domestic Violence and statewide
domestic violence advocacy groups.
(ii) Social services
districts must advise clients that responding to questions concerning the existence of
domestic violence is voluntary and that any response will remain confidential; provided,
however, that Information regarding suspected maltreatment or abuse of children will be
reported to the Statewide Central Register of Child Abuse and Maltreatment.
(iii) Social services
districts must make the screening form available for voluntary client completion, in
writing. at the application and recertification interview. However. the district must
accommodate clients who wish to provide this screening information verbally when
completion is not possible due to literacy problems. The district must also accommodate
clients who wish to provide this screening information at another time when completion is
not initially possible due to risk of dander to themselves, for example due to the
presence of the batterer at the time of the initial screening. The district must provide
the screening form to any individual who at any time is identified as a victim of domestic
violence, or otherwise requests such screening.
(iv) When an individual
indicates the presence of domestic violence by providing an affirmative response on the
screening form, the district must refer that individual to a domestic violence liaison as
soon as practicable and prior to any other assessment.
(5) Assessment of credibility.
(i) The domestic
violence liaison must. as soon as practicable, assess the credibility of a positively
screened individual's assertion of domestic violence based upon all relevant information
including, but not limited to: an order of protection: court, medical, criminal, child
protective services, social services, psychological, or law enforcement records; presence
in a domestic violence shelter, a sinned statement by a domestic violence counselor or
other counselor or other corroborating evidence.
(ii) Such assessment
must be based upon the relevant information and corroborating evidence, but must in the
absence of other sufficient evidence include, at a minimum, a sworn statement by the
individual alleging the abuse.
(6) Services referral and waiver assessment.
If the domestic
violence liaison determines that the allegation of domestic violence is credible, the
domestic violence liaison must. as soon as practicable:
(i) inform the
individual of services related to domestic violence, which are available to the individual
on a voluntary basis;
(ii) conduct an
assessment to determine if and to what extent domestic violence is a barrier to compliance
with public assistance program requirements or employment;
(iii) assess the need
for temporary waivers of such program requirements;
(iv) recommend or grant
any necessary waivers in coordination with social services district staff who are charged
with the implementation of such waivers and/or the administration of public assistance
program requirements;
(v) inform social
services district staff responsible for the administration of public assistance
requirements of the final determination or recommendation with respect to waivers; and
(vi) develop an
appropriate services plan when a waiver is granted, which is designed to lead to work, to
the extent that the plan would not make it more difficult for the victim to escape
domestic violence or unfairly penalize those individuals who are or who have been
victimized by domestic violence or who are at risk of further domestic violence.
(7) Waivers.
(i) Waivers are a
temporary suspension of public assistance program requirements including, but not limited
to, residency rules, child support and paternity cooperation requirements, alcohol and
substance abuse screening and referral requirements, employment and training requirements,
and learnfare.
Any such waivers must be consistent with federal law.
(ii) The Granting of a
waiver does not affect the amount of the Grant or the budgeting of income for the
applicant or recipient.
(iii) Waivers will be
granted in cases where compliance with public assistance program requirements would make
it more difficult for the individual or the individual's children to escape from domestic
violence or subject them to further risk Of domestic violence. Such waivers must be for an
initial period of not less than four months. All such waivers will be subject to ongoing
review of the individual's circumstances by the domestic violence liaison and may be
extended, modified or terminated based on such review at any time, including the time
covered by the initial four month waiver period. The need for waivers shall be determined
at least every six months.
(iv) In considering the
extension of waivers, the domestic violence liaison must consider the totality of the
individual's case circumstances. However. unwillingness on the part of the individual to
engage in any options, steps or activities that might assist the individual in terms of
safety or self-sufficiency may affect the individual's credibility.
(v) Waivers may be
granted permitting the receipt of Family Assistance benefits by individuals who have
already received benefits for sixty months and who would not be required to participate in
work or training activities, pursuant to the regulations of the Department of Labor,
because of an independently verified physical or mental impairment resulting from domestic
violence that is anticipated to last for three months or longer, or if the individual is
unable to work because of the need to care for a dependent child who is disabled as a
result of domestic violence.
(vi) An individual may
decline a waiver or terminate an existing waiver at any time without penalty.
(8) Alien eligibility and deeming.
(i) Under Immigration
and Naturalization Services (INS) rules, certain battered aliens not otherwise considered
Qualified aliens for public assistance eligibility purposes can petition INS and be
granted qualified alien status thereby entitling them to receive benefits. Aliens so
Qualified will be issued a "Notice of Prima Facie Case" by INS.
(ii) Social services
districts must exempt such battered aliens from alien deeming requirements in accordance
with section 352.33(c) of this Title.