Current through Register Vol. 56, No. 18, September 16, 2024
(a) Emergency assistance shall be made available
through the WFNJ program as a supportive service to meet the emergent needs of WFNJ recipients, so that
recipients shall not be prevented from complying with the work requirement due to disruptions caused by
homelessness and related emergencies. Emergency assistance is also available to Supplemental Security Income
(SSI) recipients. In an effort to minimize the incidence of homelessness among the WFNJ and SSI recipient
population, the county/municipal agency shall be alert to the following circumstances, which may reasonably
be assumed to, if not addressed by the recipient and the agency, result in imminent or actual homelessness of
the individual or family. Upon identification of any of the indicators listed below, the county/municipal
agency shall review the case record to determine if the individual or family shall be referred to sources of
help, either within or outside the agency, to plan to ensure the availability of uninterrupted housing.
1. When shelter costs equal or exceed total recorded income to the WFNJ or
SSI assistance unit and the recipient is unable to document other sources of income, for example, loans from
relatives, which enable the individual or family to meet monthly housing/living expenses;
2. When the county/municipal agency receives information to the effect that
the individual or family's utility bills are in arrearages or utilities have been shut off;
3. When the individual's or family's income is reduced as a result of the
reduction in WFNJ benefits or other available income, through no fault of the individual or family;
4. When the individual's or family's rent which had previously been
affordable is increased to an amount which makes the current housing costs appear to exceed available income;
or
5. When the county/municipal agency receives information that
the individual or family is involved in a tenant/landlord dispute or threatened foreclosure.
i. When a tenant/landlord dispute or threatened foreclosure exists, the
agency shall assist the family in an attempt to prevent the loss of existing permanent housing, including
referral to appropriate legal/service agencies.
(b) The EA as listed in (a) above can also be an appropriate form of
assistance for WFNJ recipients who are unable to work.
(c) The
county or municipal agency shall provide emergency assistance when there has been substantial loss of
housing, food, clothing or household furnishings or utilities by fire, flood or other similar disaster, or an
actual or imminent eviction from prior housing, and the assistance unit is in a state of homelessness or
imminent homelessness due to circumstances beyond their control or the absence of a realistic capacity to
plan in advance for substitute housing (see (c)1 below); and the county or municipal agency determines that
the provision of shelter/housing and/or food and/or emergency clothing, and/or minimum essential house
furnishings or utilities is necessary for health and safety.
1. A lack of
realistic capacity to engage in advance planning shall be said to exist in the following circumstances:
i. When the assistance unit can demonstrate that there was insufficient
time to secure housing between receipt of notice of imminent loss of housing and actual eviction, foreclosure
or loss of prior permanent housing; or
ii. When the assistance
unit can demonstrate or signs a document, prepared by the county/municipal agency, certifying that available
funds, including liquid resources at 10:90-3.20, were exhausted on items deemed appropriate,
necessary or reasonable for decent living and such expenditures were made as the result of a significant
occurrence or situation, or from meeting the expenses of daily living. The specific event(s) or
circumstance(s) upon which the granting of EA is based must be documented in the case record. In addition to
expenditures for food, clothing and housing, other appropriate items include, but are not limited to,
expenditures for a family emergency, such as attending the funeral of a family member, excessive unreimbursed
medical expenses or car payment or repairs; or
iii. When the
assistance unit demonstrates functional incapacity, for example, evidence of alcohol or drug abuse, or a
mental or cognitive impairment that would prevent them from planning for or securing substitute housing. When
additional barriers are identified, the recipient shall be referred to appropriate services. Individuals
granted EA on this basis must agree as part of their service plan (see
10:90-6.6 concerning the development of a service plan) to
engage in appropriate treatment for their addiction or other impairments that may limit their ability to
function. Such treatment for addiction or incapacitating condition shall also be included in the IRP in order
to coordinate the requirements contained in the IRP.
(1) Adult applicants
or recipients who have been evicted, are facing an eviction or have been terminated from a shelter program,
for reasons related to substance abuse, shall be referred to the SAI for a substance abuse assessment by a
qualified professional. If the qualified professional determines that treatment is necessary and that the
recipient is able to follow through with the recommended treatment plan, then participation in a substance
abuse treatment program is considered mandatory for continued EA. If the qualified professional determines
that the recipient is unable to comply with service plan requirements, then the recipient shall be found to
have good cause and will therefore, not be subject to a penalty. The agency and the qualified professional
shall review the case at a minimum of every three months to determine the recipient's ability to comply with
the EA service plan requirements.
(A) Adult applicants or recipients with
two or more episodes of unexplained homelessness shall be assessed for substance abuse, if the agency
suspects that substance abuse is a contributing factor. If treatment is deemed appropriate by a qualified
professional who shall also determine whether the recipient is able to participate in a program, then
treatment shall become a mandatory part of the EA service plan for continued EA eligibility unless the
recipient has good cause. If treatment is unavailable, or a waiting list exists, the recipient shall not be
penalized; he or she shall be considered to have good cause.
(2) Adult applicants or recipients who have been evicted, are facing an
eviction or have been terminated from a shelter program shall be assessed by a mental health professional if
the underlying reason is the result of suspected mental illness. If the qualified professional determines
that treatment is necessary, participation in a mental health program then becomes a mandatory part of the EA
service plan and cooperation is required for continued EA eligibility unless the recipient has good cause.
(A) If treatment is unavailable, or a waiting list exists, for entry into a
mental health program or in cases where the qualified professional determines that the recipient is unable to
follow through with an assessment or treatment plan due to acute mental incapacitation, or other cognitive
impairments, then he or she shall be deemed to have good cause. The agency and the qualified professional
shall review the case at a minimum of every three months to determine the recipient's ability to comply with
the EA service plan requirements.
2. As part of the determination of eligibility for emergency assistance,
the agency shall evaluate all potential contributions of support to the household, including income received
by ineligible household members, particularly when determining the amount of temporary rental assistance (see
10:90-6.3(a)5
) to be provided, and the specific kinds of preventive services which may
be required by the individual, couple without dependent children or family with dependent children.
3. Emergency assistance shall not be provided to a WFNJ applicant when an
actual or imminent state of homelessness exists as a direct result of the voluntary cessation of employment
by the adult household member without good cause (as provided at
10:90-4.11) . EA shall not be provided for a period of six
months to the entire household in which the recipient adult member voluntarily quits employment without good
cause while receiving emergency assistance (see
10:90-4.11(b)
concerning a voluntary quit). Nor shall EA be provided for a period of six
months when an adult EA applicant or recipient has caused his or her own homelessness, without good cause,
for reasons that may include, but are not limited to, (c)3i through ix below. The EA penalty shall not be
imposed when it has been determined by a qualified professional that due to mental, cognitive or substance
abuse impairments, the recipient lacked the functional capacity to avoid behaviors that contributed to his or
her becoming homeless. Such recipients shall be required to follow through with the recommendations of the
qualified professional to maintain EA eligibility.
i. For the purpose of
making himself or herself eligible for EA, for example, refusing to accept subsidized housing;
ii. Eviction from public and/or subsidized housing for nonpayment of
rent;
iii. Eviction from private, public and/or subsidized
housing because of criminal activity, except when the criminal activity was committed by an adult who is no
longer part of the assistance unit;
iv. Eviction from private,
public and/or subsidized housing for destruction of the property, provided that the destruction of property
was caused by the adult applicant;
v. The adult applicant or
recipient had the available funds and the capacity to prevent homelessness;
vi. The adult applicant's or recipient's behavior directly caused the
eviction;
vii. The adult applicant or recipient abandoned
permanent affordable housing;
viii. Refusal to accept Section 8
housing, if offered; or
ix. Failure to comply with the mandatory
activities identified in the EA service plan.
4. An
adult household member who incurs a sanction as a result of his or her failure to comply with the WFNJ
program work requirements may apply for and receive emergency assistance for himself or herself and the
eligible unit while in sanction status.
5. An adult household
member who incurs a sanction due to failure to comply with the WFNJ work requirements (not a voluntary quit)
while receiving emergency assistance shall continue to receive such assistance (see
10:90-6.4 concerning time limits on receipt of emergency
assistance), as may be required, for himself or herself and the eligible unit, for up to one month after all
WFNJ cash assistance to the eligible unit has been terminated and the case closed as a result of failure to
correct a sanction.
6. In consultation with CP&P, EA shall be
provided to a CP&P family, even if the family caused its own homelessness, provided that the family meets
all other EA eligibility requirements.
i. When EA is granted to a CP&P
family that caused its own homelessness, the CWA and CP&P shall establish communication to ensure
coordination of the CP&P plan, the EA service plan and the IRP.
(1)
Every effort shall be made to avoid situations in which the development and execution of one plan infringes
upon the development and execution of another, thereby placing the recipient in danger of being either
sanctioned due to noncooperation or terminated from receipt of EA.
(2) Failure to comply with the CP&P service plan or the EA service plan
may, in consultation with CP&P, result in the termination of EA.
7. Emergency assistance is likewise available in situations where there is
an indication that an individual, or a parent and his or her children, have left their customary residence
and the unit is in a state of homelessness due to imminent or demonstrated domestic violence which imperils
the health and safety of the eligible unit.
i. Temporary living
arrangements during the period between the occurrence of the incidence of domestic violence and the
application for EA do not negate the existence of a state of homelessness.
8. In instances where the Division of Child Protection and Permanency, in
consultation with the county agency, certifies that placement of the children is imminent due only to the
fact that the family is being subjected to a serious health or life threatening situation because of the lack
of adequate housing, EA shall be provided in accordance with the applicable provisions of this
subchapter.
(d) The county agency may authorize EA to
a family on behalf of a child in order to facilitate the return of a child from resource family care when the
appropriate Local Officer Manager (LOM) of the Division of Child Protection and Permanency (CP&P) has
approved a specific plan for the return of a child from resource family care and all of the following
conditions exist:
1. The county agency is in receipt of detailed written
verification from CP&P that the return is barred solely by insufficient or inadequate shelter, food,
clothing or house furnishings and there is no other way by which a deficiency can be remedied;
2. The appropriate LOM of CP&P has certified that the return of the
child will be effected on a specific date subject to remedy of the deficiency;
3.-4. (No change.)
3.
The return from placement will be to any parent or relative specified in
10:90-2.7(a)3; and
4. Upon return of the child, WFNJ eligibility will exist.
(e) EA is also available in cases where only the child is
eligible to receive WFNJ cash assistance (that is, the parent-person is non-needy).