SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-2149-94T3, A-826-94T2,
A-222-94T2, A-827-94T5,
A-3236-94T2, A-2742-94T2,
A-2127-94T5
B.N., R.B., D.S., K.D., J.A.,
M.B., P.B.,
Plaintiffs-Appellants,
v.
DEPARTMENT OF HUMAN SERVICES,
Defendant-Respondent.
_____________________________________________
Argued January 31, 1996 - Decided February 13, 1996
Before Judges Shebell, Wallace and Newman.
On appeal from Final Decisions by the
Department of Human Services, Director of Family
Development.
Kenneth Goldman, Esquire, of Cape Atlantic Legal
Services argued the cause for appellants (Richard
Bennett of Middlesex County Legal Services, Mr.
Goldman, Diane K. Smith and Elizabeth Szabo of
Somerset Sussex Legal Services, and Richard Foard of
Essex Newark Legal Services, on the brief).
Dennis J. Conklin, Senior Deputy Attorney General
argued the cause for respondent (Deborah T. Poritz,
Attorney General of New Jersey, attorney; Michael J.
Haas, Senior Deputy Attorney General, of counsel;
Mr. Conklin, on the brief).
The opinion of the court was delivered by
SHEBELL, P.J.A.D.
Appellants are single mothers who receive Aid to Families with Dependent Children (AFDC). AFDC is administered through the State's 21 county welfare agencies (CWAs) pursuant to the State
Assistance for Dependent Children statutes, N.J.S.A. 44:10-1
through 33. The Department of Human Services (DHS) is authorized
by those statutes to promulgate regulations for the
administration of AFDC.
At various times, appellants were each notified by their CWA
that their Temporary Rental Assistance (TRA) under the AFDC
program would terminate, pursuant to N.J.A.C. 10:82-5.10(f)(5)(i)(1), after twelve months of assistance. Each
appellant requested an administrative hearing before the DHS,
Department of Family Development (DFD), and, therefore, the
matters were transmitted to the Office of Administrative Law as
contested cases.
The Final Decisions of the Administrative Law Judges (ALJs)
varied, but regardless of the determination of the ALJs, the
Director of DFD upheld each CWA's decision terminating TRA to
these families. Relying exclusively upon the time limits set
forth in the regulations, the Director decided:
On the basis of the hearing record, it is
found that the client has been granted 12
months of rental assistance, which equals or
exceeds the maximum period for such
assistance permitted by the governing
regulations, N.J.A.C. 10:82-5.10 (f) 5 i (1).
Accordingly, no further rental assistance may
be granted to the client under these
regulations.
[Final Administrative Decision in the Fair
Hearing of DS, dated March 3, 1994.]
Once determinations terminating TRA were rendered, the
mothers appealed to this court. We granted stays in each case
pending appeal. We then consolidated and accelerated all seven
appeals.
Under TRA, recipients are required to undertake an
individualized service plan setting forth all of the conditions
and goals needed to be met by them, including such tasks as:
conducting a search for permanent housing arrangements (up to ten
contacts per week), and if appropriate, participating in job
search/training programs. N.J.A.C. 10:82-5.10(e)(1) through (2);
N.J.A.C. 10:85-4.6(c)(1) through (5). Regulations restrict TRA
to a maximum period of up to 12 months, and do not provide for an
extension of TRA. N.J.A.C. 10:82-5.10(f)(5)(i)(1); N.J.A.C.
10:85-4.6(e)(2)(iii)(3).
In every case, despite the fact that each appellant had
complied with her service plan, TRA was denied based entirely
upon DHS regulations limiting temporary rental assistance to no
more than twelve months. Appellants challenge the DFD's denial
of continued TRA as it was based solely upon the twelve month
limitation imposed by DHS regulations. N.J.A.C. 10:82-5.10(f)(5)(i)(1). They argue further, that without a fall back
provision, affirmance of the denial of TRA will render them
homeless.
The validity of the twelve month regulation turns on the
question of whether the Legislature intended, by enabling DHS to
devise a system of emergency assistance, to authorize DHS to
terminate emergency assistance at twelve months, regardless of
the consequences to the recipients and their children. Our
Supreme Court, in L.T. v. N.J. Department of Human Services,
134 N.J. 304, 323-25 (1993), held that an identical 12 month TRA
limitation without a fall-back provision violated the
Legislature's mandate, as set forth in the General Assistance
(GA) Law, that every citizen of New Jersey have adequate shelter.
The DHS claims that under the present AFDC legislation, the
goals and purposes of welfare have "changed dramatically." It
argues that with enactment of the Family Development Act (FDA),
N.J.S.A. 44:20-3.3 through 3.8 and N.J.S.A. 44:10-19 through 33,
and the present emphasis toward self-sufficiency, that L.T.,
supra, does not apply to the AFDC program. The State views the
decision in L.T., supra, as merely echoing the earlier decision
of Franklin v. Department of Human Services,
111 N.J. 1 (1988), a
case whose analyses is based on the former primary focus of AFDC:
cash based assistance.
We cannot accept this argument. L.T., supra, was decided
post-FDA. While the focus of AFDC, as well as GA, now emphasizes
education and training, employment and independence, our
Legislature has not clearly authorized the DHS to make homeless
those persons who are striving toward their goals and complying
with their service plans. L.T., supra, 134 N.J. at 325.
In the case of recipients of GA, our Supreme Court ordered
that:
DHS should not deny future claimants
reasonable extensions from available funds
unless (1) such claimants have failed to
cooperate in the pursuit of effective plans
developed by the local MWDs to avert their
homelessness or (2) DHS shall have designated
some other agency of government to provide
shelter of last resort.
[L.T., supra, 134 N.J. at 325.]
We conclude that the order of the Supreme Court in L.T.,
supra, is controlling and we order that its provisions be applied
to the cases that are the subject of this appeal and to other
AFDC cases where there is a determination of need and the
recipient complies with the established service plan.
Reversed and remanded.