N.J. Admin. Code § 10:90-17.2

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

Section 10:90-17.2 - Determining eligibility for the EEI

(a) When it has been confirmed that EEI slots are available, the county WFNJ agency shall, during the WFNJ application interview, determine whether or not the WFNJ/TANF adult applicant(s) meets the eligibility criteria for mandatory participation in the EEI. More than one adult per family may be determined eligible for mandatory participation in the EEI. Eligibility for mandatory EEI participation shall be determined if an adult WFNJ/TANF applicant meets all of the following criteria:

1. Has a work history that equals or exceeds four months of full time employment in the last 12-month period;

2. Has at least one child;

3. Appears to meet all financial and non-financial WFNJ eligibility requirements, including initial cooperation with child support, and is considered an eligible candidate for receipt of WFNJ cash assistance;

4. Is not in immediate need, in accordance with the immediate need provisions at 10:90-1.3; and

5. Does not meet the criteria for a deferral from the work requirements under the WFNJ program (see 10:90-4.9) .

(b) A WFNJ/TANF adult applicant who does not meet the criteria in (a)1 above for mandatory EEI participation, but has a high school diploma or a GED or a work history that equals or exceeds four consecutive weeks of employment within the 52 weeks prior to applying for WFNJ cash assistance and meets all of the other EEI eligibility criteria at (a)2 through 5 above, shall be given the opportunity to voluntarily participate in the EEI. The county WFNJ agency shall inform the applicant who is eligible for participation in the EEI under this voluntary criteria that once the decision is made to voluntarily participate, he or she shall be considered a mandatory EEI participant and shall be obligated to comply with all the provisions set forth in this subchapter.

(c) On the same day the WFNJ application is taken, the WFNJ/TANF agency shall determine whether or not any of the adult members of the applicant family meet the EEI eligibility criteria in (a) or (b) above.

1. For those applicants who meet the EEI eligibility criteria, the WFNJ agency shall prepare an initial Individual Responsibility Plan (IRP) with the applicant and utilize form Cage-Aid, Addendum to the Individual Responsibility Plan, to allow the applicant to self-identify a potential drug or alcohol problem prior to being referred for participation in the EEI. It is to be noted that the responses to the Cage-Aid questions are voluntary. If an applicant chooses not to respond to the drug and alcohol questions, the WFNJ agency shall make a notation on the Cage Aid form, accordingly. In all instances, the WFNJ agency shall attach the Cage-Aid form, along with the initial IRP, to the applicant family's WFNJ application.

i. If the individual indicates that he or she has a drug or alcohol problem, the individual shall not be referred to the EEI entity for participation during this WFNJ application process and the family's eligibility determination for WFNJ cash assistance shall continue without interruption. In such instances, when the family's WFNJ application is approved, the individual's self-identified drug or alcohol problem shall be taken into consideration and addressed, as appropriate.

2. For those adult applicants who meet the EEI eligibility criteria for participation and maintain that they do not have a drug or alcoholic problem, participation in the EEI shall be mandatory. Likewise, those adult family members who choose not to respond to the Cage-Aid drug and alcohol questions and who meet the eligibility criteria for EEI participation at (a) or (b) above, shall also be referred to the EEI entity for mandatory participation.

(d) Once it is determined that an adult individual meets all the criteria for mandatory participation in the EEI, the WFNJ agency shall immediately take action to refer that adult to the EEI entity as follows:

1. The county WFNJ agency shall provide a verbal explanation of what participation in EEI means as well as provide a copy of an "EEI Important Notice."

2. The county WFNJ agency shall require the mandatory EEI participant to sign form WFNJ/EEI-1, Early Employment Initiative Participation Agreement. Refusal by the participant to sign this form shall constitute noncooperation with the EEI, in accordance with the EEI cooperation provision at 10:90-17.3(b), and shall result in the denial of the applicant family's WFNJ application for cash assistance. In addition, the WFNJ agency shall complete a WFNJ Agency Referral to EEI which shall include the earned income amount that would render the family ineligible for WFNJ/TANF cash assistance, if an EEI participant secures employment. The originals of the WFNJ/EEI-1 and the WFNJ Agency Referral shall be retained at the WFNJ agency and attached to the WFNJ application. The EEI participant shall be provided a copy of the EEI Participant Agreement. The WFNJ agency shall immediately fax, to the appropriate EEI entity, a copy of the signed WFNJ/EEI-1, along with a copy of the referral form.

3. At the time the county WFNJ agency refers the EEI participant to the EEI agency, the WFNJ agency shall also refer the EEI participant to the child care resource and referral (CCR&R) agency for post-EEI child care service arrangements. The WFNJ agency shall provide notification to the CCR&R agency of the need for post-EEI child care services by preparing a WFNJ Agency Referral to the CCR&R agency and immediately faxing it to the CCR&R agency. The WFNJ agency shall retain the original CCR&R agency referral and attach it to the EEI participant's WFNJ/TANF application.

N.J. Admin. Code § 10:90-17.2

Amended by R.2000 d.205, effective 5/15/2000.
See: 32 N.J.R. 639(a), 32 N.J.R. 1771(a).
In (a)1, substituted a reference to four months for a reference to six months.
Amended by R.2003 d.226, effective 6/16/2003.
See: 34 N.J.R. 2713(a), 35 N.J.R. 2670(a).
In (b), in the first sentence deleted "a high school diploma or a GED or" preceding "a work history".
Amended by R.2004 d.292, effective 8/2/2004.
See: 36 N.J.R. 1695(a), 36 N.J.R. 3545(a).
Substituted "Cage-Aid" for "CAGE-8" throughout.
Amended by R.2004 d.335, effective 9/7/2004.
See: 36 N.J.R. 2292(a), 36 N.J.R. 4145(a).
In (b), inserted "high school diploma or a GED or a" preceding "work history that equals or exceeds".
Administrative correction.
See: 42 N.J.R. 2322(a).