New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 90 - WORK FIRST NEW JERSEY PROGRAM
Subchapter 18 - SUBSTANCE ABUSE
Section 10:90-18.2 - Referral to the SAI
Universal Citation: NJ Admin Code 10:90-18.2
Current through Register Vol. 56, No. 6, March 18, 2024
(a) WFNJ recipients who may be referred for voluntary participation in the SAI, include, but are not limited to, the following:
1. WFNJ TANF/GA recipients who are pregnant and choose to voluntarily participate in the SAI beyond the third trimester, when the recipient is otherwise deferred, without the risk of sanction;
2. WFNJ TANF/GA recipients who are participating in work or a work activity other than substance abuse treatment, self-identify a substance abuse problem, and believe that treatment will be beneficial;
3. WFNJ/TANF deferred recipients with substance abuse problems and other physical, medical or mental health problems, including chemical addiction;
4. WFNJ/GA unemployable recipients with substance abuse problems and other physical, medical or mental health problems, including chemical addiction;
i. Substance abuse treatment services offered through the SAI to WFNJ/GA applicants/recipients identified in (a)4 above are subject to the availability of funding; or
5. WFNJ TANF/GA recipients, who are required to participate in a work activity and who choose to participate in the SAI as his or her assigned work activity.
i. A WFNJ TANF/GA recipient who chooses to participate in the SAI as his or her assigned work activity shall be required to participate in a substance abuse assessment. The WFNJ agency worker shall advise the recipient in accordance with 10:90-20.2(e)2.
(b) WFNJ applicants/recipients who must be referred for mandatory participation in the SAI include, but are not limited, to the following:
1. WFNJ TANF/GA recipients who have been sanctioned for non-compliance with work or a work activity, in accordance with 10:90-4.13, unless the WFNJ agency worker determines that the reason for the non-compliance is other than substance abuse;
2. WFNJ TANF/GA recipients who are required to participate in substance abuse treatment as stipulated in the IRP, unless the provisions at 10:90-18.2(e)3 apply;
3. WFNJ TANF/GA recipients who are in sanction status, for failure to comply with SAI treatment, and want to have the sanction removed in accordance with 10:90-4.18;
4. WFNJ/TANF recipients who are deferred when the sole reason for the deferred status is substance abuse;
5. WFNJ/GA recipients who are unemployable when the sole reason for the unemployable status is substance abuse;
6. WFNJ TANF/GA recipients in receipt of EA who meet the criteria established at 10:90-6.1(c)1 iii for demonstrating functional incapacity; or
7. Persons convicted on or after August 22, 1996 for an offense which occurred on or after August 22, 1996 involving possession or use of a controlled substance who want to establish eligibility for WFNJ cash assistance benefits, unless the person meets the good cause criteria set forth at 10:90-18.6.
i. Persons convicted of possession or use of a controlled substance who are required to demonstrate good faith effort in accordance with 10:90-18.6(e) shall be required to participate in substance abuse treatment at the time that a facility is able to accommodate the person's request for enrollment. At that time, treatment shall become mandatory and a condition for WFNJ initial and continued eligibility and receipt of WFNJ TANF/GA cash assistance.
(c) The following are WFNJ recipients that are not eligible for referral to the SAI program.
1. Drug Court Initiative (DCI) participants;
2. Persons convicted on or after August 22, 1996 for an offense which occurred on or after August 22, 1996 involving possession, use or distribution of a controlled substance that want to establish eligibility only for NJ SNAP program benefits; and meet the good cause requirements in accordance with 10:90-18.6(c); and
3. Mutual Agreement Program (MAP) inmates who are on parole, residing in the community and under the custody of correctional authorities are not eligible for WFNJ cash assistance in accordance with 10:90-2.8(a)5, and therefore, cannot be referred to the WFNJ SAI. Treatment decisions and/or recommendations for such individuals fall under the purview of correctional authorities.
(d) WFNJ recipients shall be referred, by the WFNJ agency worker, for participation in the SAI at any time:
1. During the WFNJ application or re-determination process;
2. During the application for EA;
3. When the WFNJ recipient has incurred a sanction, unless the worker determines that the reason for the sanction is a reason other than substance abuse; or
4. The person self-identifies a substance abuse problem and requests to voluntarily participate in the SAI.
(e) Before a WFNJ recipient signs an IRP or otherwise agrees to participate in the SAI, the WFNJ agency worker shall advise WFNJ applicants/recipients referred for participation in the SAI of the following:
1. All of the information provided is confidential;
2. Substance abuse treatment is available at no cost.
i. A WFNJ applicant who is required to participate in work or a work activity has the option of participating in the SAI as his or her assigned work activity when the person becomes WFNJ eligible, or attending work or another work activity.
(1) A WFNJ recipient who chooses to participate in the SAI, as his or her assigned work activity, shall be required to participate in the substance assessment as administered by the CCC. The CCC and the WFNJ recipient shall discuss the results of the assessment and recommendations for treatment. If the recommendations for treatment are incorporated in the IRP, then substance abuse treatment shall become mandatory. However, when the recommendations for treatment are not included in the IRP, the WFNJ recipient shall be required to participate in the usual WFNJ work requirements or incur a sanction.
ii. Individuals referred for mandatory participation in the SAI shall be advised orally and in writing that failure to attend the SAI program without good cause may result in a sanction;
3. When a decision is made to sanction a WFNJ recipient for not participating in substance abuse treatment services, the individual shall be given an opportunity to begin or continue in an assigned work activity.
i. The CCC may recommend that the WFNJ recipient be reassigned to another work activity other than substance abuse treatment, if it is determined that treatment is not clinically appropriate for the recipient at that time;
4. A CCC shall conduct the substance abuse screening and assessment and determine the treatment plan and placement service, with the involvement of the WFNJ applicant/recipient, if such a plan and/or service is necessary;
5. Treatment counts toward the required hours of the WFNJ recipient's work activity only if the CCC assesses the individual and monitors the participant's treatment;
6. WFNJ individuals may be referred to the CCC in order to initiate having a sanction removed; and
7. SAI participants have a right to a fair hearing on any adverse action in accordance with the provisions at N.J.A.C. 10:90-9.
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