A bill that would prohibit the Department of Children and Families from using federal benefits received by a child in out-of-home placement to reimburse the state for the cost of the child’s care faces a full Assembly vote after its nod from the Assembly Appropriations Committee. The New Jersey State Bar Association supports S3153 (Ruiz)/A4543 (Haider).
“Removing provisions that require children to pay for their own foster care – a public service that federal law mandates the government pay for – will pave the way for a brighter future as they transition out of the system,” said Sen. M. Teresa Ruiz, a prime sponsor of the bill.
The bill was amended to clarify that DCF is prohibited from using the property or benefits of a child under the custody of the Division of Child Protection and Permanency unless it is necessary to establish or maintain the child’s eligibility for benefits or services, including federal Supplemental Security Income Program benefits. It was further amended to replace language that requires the department to establish an account at a federally insured financial institution with language requiring the department to monitor any federal asset or resource limits for the benefits and ensure that the child’s best interest is served by using or conserving the benefits in a way that avoids violating federal asset limits, including by establishing a qualified ABLE account for the child.
The NJSBA supports the bill, recognizing that it is part of a national effort to ensure youths receive monies owed to them while they are in the foster system. The bill passed the Senate and heads to a full vote in the Assembly before going to the governor’s desk.
Court-Ordered Domestic Violence Counseling Gets Assembly Appropriations Nod
A bill that permits the court to order counseling for children in households with domestic violence was voted out of the Assembly Appropriations Committee. A567 (Stanley) was combined with A2998 (Miller), which contains an appropriation for such services. The NJSBA is monitoring this bill.
As amended, the bill clarifies that counseling Is available to any minor child and not only those children who witnessed or were exposed to domestic violence while resolving in the household. It was further clarified that, absent good cause to the contrary, and at the victim’s request, the court order provide that the victim not be in the same room as the abuser. A2998 contains an appropriation to provide those services, alleviating concerns about allocating resources for such counseling. The bill remains pending in the Senate Judiciary Committee.