Current through Register Vol. 56, No. 18, September 16, 2024
(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.
