N.J. Admin. Code § 10:90-2.17

Current through Register Vol. 56, No. 9, May 6, 2024

Section 10:90-2.17 - Provisions for minor parents

(a) Minor parents (applicants/recipients who are less than 18 years of age, never married, are the natural parents of the dependent child and are caring for the dependent child) shall be required, as a condition of eligibility for 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 benefits paid to, the applicant's or recipient's parent, legal guardian or other adult relative; and

i. Regularly attend a high school or equivalency program of study on a full-time basis. The hours of participation shall be in accordance with the scheduled program; or

ii. Engage in a work activity or employment, or participate in the TANF Initiative for Parents (TIP) Program, for a minimum of 35 hours per week if the applicant or recipient has completed secondary education in accordance with 10:90-4.2(c)2.

(b) If living with the parent, legal guardian, or other adult relative is determined unsuitable for the minor parent because of the good cause reasons listed in (c) below, then the county agency shall refer the minor parent to an alternate adult-supervised supportive living arrangement.

(c) Good cause for locating an alternative living arrangement for the minor parent shall exist if, during the application or eligibility process, as appropriate, the county agency determines 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/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/recipient or that person's dependent child;

3. Has exhibited neglect with respect to the needs of the applicant/recipient or the applicant/recipient's dependent child, or poses a risk of doing so;

4. Has abused the applicant or recipient, or the applicant's or recipient's dependent child, or poses a risk of doing so; or

5. Allows others to live in the home, for example, siblings of the minor parent or non-related adults, who have abused or neglected the minor parent or the minor parent's dependent child (or pose a risk of doing so).

(d) An applicant or recipient shall be exempt from regularly attending high school or an equivalency program of study if, based upon an assessment of the person's ability and aptitude, it is determined that the applicant or recipient lacks a reasonable prospect of being able to successfully complete the academic requirements of a high school or equivalency program of study. The individual shall be required to participate in a State-approved alternative educational or training program authorized by the Department of Human Services.

(e) When a minor parent and the minor parent's child are residing with the minor parent's natural or adoptive parent(s), income deeming rules apply to determining the eligibility of the minor parent (see 10:90-3.16 ).

(f) When a minor parent and the minor parent's child reside with an adult relative other than their natural/adoptive parent(s), the minor parent's natural or adoptive parents shall be subject to the same income deeming provisions noted at 10:90-3.16.

(g) When a minor parent and his or her child(ren) are living in the home of the minor parent's natural or adoptive parents, relatives who qualify as parent-person(s) of the minor parent, or legal guardians of the minor parent and such parent(s), parent-persons, or legal guardians are themselves eligible for cash assistance, the eligible family shall consist of the parent, parent-person, or legal guardian of the minor parent, the minor parent, the minor parent's child(ren) and other minor siblings.

(h) Failure to comply with the requirement for school attendance or other work activity participation shall be sanctioned in accordance with 10:90-4.13.

(i) Failure of the minor parent to cooperate with WFNJ eligibility requirements, work requirements and/or the provisions for minor parents renders only the minor parent and his or her child(ren) ineligible for WFNJ/TANF cash assistance, not the entire assistance unit with whom the minor parent resides.

N.J. Admin. Code § 10:90-2.17

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 N.J.R. 3971(b), 30 N.J.R. 389(a).
In (c), added new 5; and in (h), added references to legal guardians.
Amended by R.2009 d.289, effective 9/21/2009.
See: 40 N.J.R. 5494(a), 41 N.J.R. 3435(a).
Section was "Parent-minor provisions". In the introductory paragraph of (a), substituted "Minor parents" for "Parent-minors"; in the introductory paragraph of (a)1, deleted a comma following "guardian"; rewrote (a)1i and (a)1ii; deleted former (d); recodified former (e) through (h) as (d) through (g); in (b), the introductory paragraph of (c), (c)5, (e), (f), and (g), substituted "minor parent" for "parent-minor" throughout; in (c)5, (e) and (f) substituted "minor parent's" for "parent-minor's"; in (e) and (f), substituted the first occurrence of "minor parent" for "parent-minor(s)"; in (f), deleted "or as a separate household, in accordance with (d) above," following "parent(s),"; in (g), substituted "parent, parent-person, or legal guardian of the minor parent, the minor parent, the minor parent's child(ren) and other minor siblings" for "parent-minor, the parent-minor's child, the parent-minor's parent(s), parent-person(s) or legal guardian(s) and the parent-minor's brothers and sisters (see N.J.A.C. 10:90-2.7"; and added new (h) and (i).