N.J. Admin. Code § 10:90-5.2

Current through Register Vol. 56, No. 19, October 7, 2024

Section 10:90-5.2 - Child care services

(a) Payment of child care services, including after-school child care in the case of a child over six years of age and care for children with special needs, shall be available for WFNJ/TANF eligible dependent children during the recipient's period of eligibility and for the 24 consecutive months following ineligibility for cash benefits as a result of earned income or other circumstances as described in this subchapter. Depending upon the type of child care program, payment for child care services will be provided in accordance with N.J.A.C. 10:15 and appropriate child care co-payment procedures at N.J.A.C. 10:15-9.

1. The child care services provided, both during the period of eligibility and during any post-eligibility period, shall be considered appropriate and available when the child care:

i. Is in the best interests of the child and shall consider the individual needs of the child, including the reasonable accessibility of the care to the child's home and school, or the parent's place of employment or work activity, and the appropriateness of the care to the age and special needs of the child;

ii. Is located within reasonable commuting distance from the participant's home, place of employment or work activity. The hours of child care provided are reasonably related to the hours of participant's work activity participation or employment and shall be sufficient to accommodate the hours required by the employer or work activity. Parental preference shall be accommodated within the child care options available;

iii. Allows parental access; and

iv. Meets applicable standards of State and local law.

2. Payment for child care following loss of eligibility for WFNJ cash assistance due to increased earnings or hours of employment shall be available only if WFNJ benefits were received in the month preceding the first month of ineligibility; and

i. There are no other appropriate child care arrangements available (as defined in (a)1 above); and

ii. The recipient agrees to accept the available and appropriate child care (as defined in (a)1 above) offered through the program. If the child care offered is refused, then the recipient must demonstrate that other appropriate child care is available and that, by exercising this option, participation in employment shall not be jeopardized. The recipient remains obligated to make the appropriate copayment for child care throughout receipt of post-eligibility child care in accordance with N.J.A.C. 10:15-4.

3. Disputes arising from an actual or inferred refusal of available appropriate child care shall be governed by procedures found at 10:15-4.3 and 10:90-9.

N.J. Admin. Code § 10:90-5.2

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 New Jersey Register 3971(b), 30 New Jersey Register 389(a).
Rewrote (a) adding N.J.A.C. references, added new (a)1, (a)1i, ii, iii, and iv; recodified former (a)1 as (a)2 and former 2 and 3 as 2i and ii; added N.J.A.C. reference to 2ii; and added new 3.
Amended by R.2003 d.226, effective 6/16/2003.
See: 34 New Jersey Register 2713(a), 35 New Jersey Register 2670(a).
In (a), inserted "or other circumstances as described in this subchapter" at the end of the first sentence in the introductory paragraph, and amended N.J.A.C. references throughout.