N.J. Stat. tit. 44, ch. 4

N.J. Stat. tit. 44, ch. 4
in effect

N.J. Stat. § 44:4-1 Definitions.

44:4-1. As used in this chapter: "Almshouse" means a place for the maintenance of the poor at the public expense of a county or municipality, prior to the establishment of a welfare-house. "Commissioner" means the Commissioner of Human Services. "County adjuster" means the official of that designation authorized to act in the cases of commitment or admission of persons who have a mental illness to State or county hospitals for the insane. "County welfare board" means the board of a single county authorized to have charge, supervision and control of a county welfare-house and the administration of the settlement and relief of the poor for such county and to supervise through a director of welfare such work for or in relation to the poor as directed or authorized. "Director of welfare" means an employee of a county welfare board with authority to act for it and under its direction, and to act for and in lieu of overseers where there are none, and perform the functions of and replace the office of overseer. "May" shall be construed to be permissive. "Municipality" shall not include, in meaning, a county, unless otherwise indicated by the context, but shall include any city, borough, township, town, village or municipality governed by an improvement commission. "Permanent or indoor poor," as found in this chapter, shall mean a disabled person who has been diagnosed by a regular practicing physician as being unemployable due to a mental or physical condition, providing such condition is in the physician's opinion of permanent nature, and further providing that the disabled person is not eligible for any other type of categorical aid. "Poor person" means a permanently disabled person who is without means of support as defined above. "Public charge" means a person to whom it is necessary to furnish proper relief as provided in this chapter. "Settlement of a person" means his right under the provisions of this chapter to relief or maintenance and support in any county or counties. "State board" means the State Board of Human Services. "Temporary or outdoor poor" means poor persons who can be relieved temporarily at their domicile or without being maintained in an almshouse or welfare-house. "Welfare-house" means a place where the poor are maintained at the public expense under the superintendence of a county welfare board in any county. "Disabled person" means any person entitled to relief under this chapter. amended 1947, c.373; 2013, c.103, s.118.

N.J. Stat. § 44:4-2 Chapter inoperative until adopted upon referendum

The provisions of this chapter shall be and remain inoperative as to a particular county until the chapter has been adopted upon referendum as provided in article 17 of this chapter (s. 44:4-129 et seq.).

N.J. Stat. § 44:4-3 Construction in general

The provisions contained in this chapter shall not be construed to be exclusive. A particular grant of power contained in this chapter shall be held to be in specification but not in limitation of general powers.

N.J. Stat. § 44:4-4 Establishment of welfare-house or provision for poor by contract

The board of chosen freeholders of any county after the adoption of this chapter as provided in article 17 of this chapter (s. 44:4-129 et seq.) shall by resolution: a. Establish a county almshouse, to be known as a welfare-house, except where the board of freeholders of any county has provided for the care and maintenance of its permanent poor by contract with another county in the almshouse or welfare-house of such other county as provided in this chapter, or with a municipality of such county maintaining a municipal institution suitable and adequate for such county purpose, subject to the approval of the department of institutions and agencies as to the suitability and adequacy of such institution and cost of maintenance of the permanent poor to be provided therein; or b. Change the name, control and management of any existing county almshouse or municipal almshouse acquired by the board of freeholders for the care and maintenance of the permanent poor to be under the control and management of the county welfare board as provided in this chapter.

N.J. Stat. § 44:4-5 § 44:4-5

Whenever any county shall propose by resolution as in this chapter provided, to establish a county welfare-house or to contract with another county for the relief and maintenance of the permanent poor by such other county in a welfare-house thereof, the resolution so providing shall not be passed at the time of its proposal, but after such proposal the action thereon shall be adjourned for at least two weeks, when it shall be finally acted upon by the board except as herein provided. Within one week after the proposal of such resolution, notice of the time and place of final action thereon to be taken shall be published twice in two newspapers of general circulation in the county, one of which is published in the county seat. The final passage thereof may be adjourned thereafter to the next regular meeting of the board of chosen freeholders.

N.J. Stat. § 44:4-6 Acquisition of real estate for welfare-house

The board of chosen freeholders may purchase and lease real estate for the welfare-house, or acquire such property and easements therein by lease, purchase or condemnation, and the power of eminent domain may be exercised as provided by chapter 1 of the title Eminent Domain (s. 20:1-1 et seq.).

N.J. Stat. § 44:4-7 § 44:4-7

The board of chosen freeholders may erect all necessary buildings, make all necessary improvements and repairs, and alter any existing building for the use of the welfare-house, but the plans for such work shall first be approved by the state board and the state board of health.

N.J. Stat. § 44:4-8 § 44:4-8

When a county by its board of chosen freeholders shall propose to establish a county welfare-house as provided in this chapter, and shall do so by resolution in the manner required in this chapter for the purpose, the sums of money deemed necessary to carry out the provisions of this chapter shall be a charge upon the municipalities of the county to be levied, assessed and collected therefrom by the board of freeholders in the same manner as other county expenses are assessed and collected.

N.J. Stat. § 44:4-9 Raising of money for buildings and maintenance

The board of chosen freeholders may: a. Cause to be levied, assessed and collected from the municipalities of the county such sums of money as shall be deemed necessary at first and annually thereafter to provide suitable land, buildings and improvements for the welfare-house and for the maintenance thereof, and for all other necessary expenditures therefor, and the expenses of the county welfare board and its agents as authorized and required in this chapter; and b. Borrow money for the erection or purchase of such welfare-houses, and for the purchase of a site for such welfare-houses, on the credit of the county, and issue obligations therefor in such manner as it may do for other county purposes.

N.J. Stat. § 44:4-10 § 44:4-10

In order to meet the expense of erecting additions to or new buildings or accommodations at any county almshouse buildings or welfare-houses, or making repairs to any such buildings or providing proper furniture therefor or apparatus for lighting, heating, or otherwise fitting up the same, the board of chosen freeholders of any county lawfully authorized to maintain welfare-houses, may from time to time issue bonds in the manner otherwise provided by law in the corporate name and under the corporate seal of the county.

N.J. Stat. § 44:4-11 § 44:4-11

The expense of maintaining a county welfare-house shall be a charge upon the county as provided in this chapter.

N.J. Stat. § 44:4-12 § 44:4-12

The board of chosen freeholders may accept and hold in trust for the county any grant or devise of land, or any gift or bequest of money or other personal property, or any donation to be applied, principal or income or both, for the benefit of the welfare-house, and apply the same in accordance with the terms of the gift.

N.J. Stat. § 44:4-13 § 44:4-13

A welfare-house shall be subject to inspection by duly authorized representatives of the state board, the commissioner and the state board of health; and whenever a county shall provide for the relief and maintenance of its permanent poor in a welfare-house of another county, such welfare-house shall always be open to inspection by a duly authorized agent of the board of chosen freeholders of any county maintaining its permanent poor therein, and of the state board, the commissioner and the state board of health.

N.J. Stat. § 44:4-14 § 44:4-14

After the establishment of a county welfare-house as provided in section 44:4-4 of this title, the permanent poor shall be maintained therein in lieu of almshouses, and almshouses maintained and supported in any such county or in municipalities in such county shall be abolished; except where a municipality of such county maintains an institution suitable and adequate for the care and maintenance of the permanent poor of the county, and upon the approval of the department of institutions and agencies as to suitability and adequacy and cost of maintenance of the permanent poor to be provided therein, the county shall thereupon enter into contract with such municipality for the care and maintenance of its permanent poor.

N.J. Stat. § 44:4-15 § 44:4-15

The real and personal property which has been used for municipal almshouses, abolished as provided in section 44:4-14 of this title, may be sold by the governing body and the proceeds thereof shall fall into the municipal treasury and be used to pay other expenses of the municipality in the same manner as may be otherwise lawful or such land and premises may be put to such other public use as may be lawful.

N.J. Stat. § 44:4-16 § 44:4-16

Upon the certificate of the state board that the housing conditions and accommodations are adequate for the purpose, and upon the approval of the state board of health that the sanitary conditions are such as to properly safeguard the health of such poor persons as may be maintained therein, the board of chosen freeholders of any county may contract with the board of chosen freeholders of any other county to board and care for poor persons requiring permanent relief of such county.

N.J. Stat. § 44:4-17 § 44:4-17

The contract for the relief and maintenance of the permanent poor of a county in a welfare-house of another county shall be authorized by resolution as mentioned in section 44:4-5 of this title, and such other provisions as may be necessary for the purpose may be adopted by resolution.

N.J. Stat. § 44:4-18 § 44:4-18

The contract authorized by the board of chosen freeholders and entered into by the directors of the several counties concerned shall provide for the permanent maintenance and relief of such poor persons, and any county so contracting may maintain the permanent poor under its jurisdiction and authority in the welfare-house in the other county with which the contract is entered into.

N.J. Stat. § 44:4-19 § 44:4-19

The expense under a contract for the support of the permanent poor of any county in the welfare-house of another county shall be a charge upon the county whose permanent poor are thus provided for. Such expense shall be provided for by appropriation and paid in the same manner as other county expenses.

N.J. Stat. § 44:4-20 Membership

In every county wherein the provisions of this chapter have been adopted, there shall be constituted and appointed a county welfare board composed as provided in R.S. 44:1-11. Such boards are hereby created corporate entities with power to sue and be sued, to use a common seal, and to make bylaws. The holding of any other office by any member of the welfare board shall not constitute such holding as incompatible with his office as member of such welfare board. Amended by L.1938, c. 194, p. 421, s. 1, eff. May 16, 1938; L.1972, c. 105, s. 3, eff. July 27, 1972.

N.J. Stat. § 44:4-21 § 44:4-21

Members shall hold their offices for five years, except that the first appointments shall be respectively for one, two, three, four and five years, which terms as to duration shall be in the order of appointments as made and indicated. Vacancies in such offices shall be filled for the unexpired term only.

N.J. Stat. § 44:4-22 § 44:4-22

Members shall receive no compensation for their services, but shall be allowed their actual and necessary expenses, on the approval of the director of the board of chosen freeholders, all of which shall be audited and paid in the same manner as other expenses are paid in and for the county.

N.J. Stat. § 44:4-23 Organization of board

The county welfare board shall elect from among its members a chairman and vice-chairman and a secretary-treasurer who shall furnish a suitable bond to be approved by the board of chosen freeholders. Amended by L.1938, c. 194, p. 422, s. 2.

N.J. Stat. § 44:4-24 Supervision of relief and settlement of poor; complaints for prevention of cruelty

The county welfare board, as the county bureau of relief shall have charge and supervision of the relief and settlement of the poor in its jurisdiction, subject to the provisions of this chapter, and may prefer complaints for the prevention of cruelty to children under the provisions of Title 9 of the Revised Statutes. Amended by L.1954, c. 31, p. 101, s. 1, eff. May 28, 1954.

N.J. Stat. § 44:4-25 § 44:4-25

On the establishment of a county welfare board in any county, the functions and powers theretofore vested in and the duties required of and theretofore exercised by any welfare board for the supervision of old age relief in such county shall be taken over by, transferred to, vested in and exercised by the county welfare board established under the provisions of this chapter.

N.J. Stat. § 44:4-26 § 44:4-26

When the board of chosen freeholders shall establish a county welfare-house for the permanent maintenance and relief of the poor in any county and shall have acquired a site therefor, awarded contracts for the necessary building and improvements thereon, and resolved to maintain a county welfare-house as is provided in this chapter, the county welfare board shall constitute the board of managers of such welfare-house. As such board of managers the county welfare board shall have charge of all matters relating to the government, discipline, contracts and fiscal concerns of the welfare-house as appropriated by the chosen freeholders, and shall make such rules and regulations as may be necessary for carrying out the purposes of such welfare-house.

N.J. Stat. § 44:4-27 § 44:4-27

The county welfare board shall so equip and maintain the welfare-house as to provide proper heat and all furniture, materials and supplies, medical and otherwise, as may be necessary for the adequate maintenance of the permanent poor.

N.J. Stat. § 44:4-28 Meetings of board

The county welfare board shall meet regularly once each month and at such other times as may be necessary or as it may by rule provide. When a welfare-house has been established the board shall meet at such welfare-house or, in case of emergency, at the office of the county welfare board, at least once in every month, and at such other times and places as may be prescribed in the by-laws or rules of the board. The board shall hold its annual meeting within two months after the close of the fiscal year. Amended by L.1938, c. 194, p. 422, s. 3, eff. May 16, 1938; L.1943, c. 112, p. 344, s. 1, eff. April 7, 1943.

N.J. Stat. § 44:4-29 § 44:4-29

All appropriations for the expenditure of money as set forth in this chapter shall be subject to the approval of the board of chosen freeholders.

N.J. Stat. § 44:4-30 § 44:4-30

The county welfare board shall certify all bills and accounts including salaries and wages, and transmit them to the board of chosen freeholders of the county which shall make payment out of the appropriations therefor in the same manner as other charges against the county.

N.J. Stat. § 44:4-31 § 44:4-31

The board of chosen freeholders shall provide and maintain, however, a working expense fund for the use of the welfare board, raised and collected as other expenses are required by this chapter to be provided. Payment therefrom shall be made out of the county treasury on the voucher of the secretary-treasurer of the welfare board.

N.J. Stat. § 44:4-32 Appointment of director; qualifications

The county welfare board shall appoint, subject to the approval of the board of chosen freeholders, a director of welfare, who shall: a. Be a citizen of this state and of the United States; b. Be able to read and write the English language; c. Be capable of making and keeping such records and reports as are lawfully required of him; d. Have complete knowledge of the laws concerning the relief and maintenance of the poor; e. Be in the judgment of the county welfare board a technically trained and qualified expert in the field of welfare service, with administrative experience therein; and f. Not be a member of the county welfare board. The county adjuster when qualified may be appointed for this office but when so appointed shall not serve as an ex-officio member of the county welfare board.

N.J. Stat. § 44:4-33 Director of welfare, classification for civil service; working test period

The director of welfare shall be and hereby is classified in the competitive class of the classified service as defined and provided in Title 11, Civil Service, notwithstanding the county welfare board may not otherwise be operating under the provisions of Title 11, Civil Service. Directors of welfare hereafter appointed shall have a working test period, as otherwise defined and governed by sections 11:12-1 and 11:12-2, which shall be not shorter than six months and which shall, on request of the appointing authority, be extended for an additional period or periods not to exceed a total of twelve months including the initial period. Amended by L.1938, c. 194, p. 422, s. 4, eff. May 16, 1938; L.1940, c. 187, p. 559, s. 1, eff. Sept. 1, 1940.

N.J. Stat. § 44:4-34 § 44:4-34

The county welfare board shall appoint such other officers, assistants and employees as may be necessary to carry out the provisions of this chapter. All employees of the county welfare board shall hold their office or employment during good behavior, and may be removed upon written charges and after a hearing, due notice of which shall be given therefor by the county welfare board, for misconduct, neglect or incompetence.

N.J. Stat. § 44:4-35 § 44:4-35

The county welfare board shall fix the salaries of the director of welfare and such other officers, assistants and employees within the limits of the appropriation made therefor by the board of chosen freeholders, and such salaries shall be compensation in full for all services rendered.

N.J. Stat. § 44:4-36 § 44:4-36

The director of welfare and the other officers and employees shall be subject to such rules and regulations in the discharge of their duties as may be provided by the county welfare board.

N.J. Stat. § 44:4-37 Functions and duties of director

The director of welfare shall: a. Have general jurisdiction throughout the county of the settlement and relief of the poor and shall direct the administration thereof under the control and supervision of the county welfare board and subject to all lawful rules and regulations thereof; and b. Be the chief executive officer of the welfare-house subject to the control of the county welfare board, and shall have under such control the general superintendence of the welfare-house, of the grounds and buildings, and of the inmates thereof.

N.J. Stat. § 44:4-38 § 44:4-38

The functions and powers vested in overseers of the poor prior to April twenty-eighth, one thousand nine hundred and thirty-one, and the duties required of and theretofore exercised by them, shall, wherever necessary to carry out the provisions of any and all laws relating thereto, be exercised by the director of welfare under the direction of the county welfare board.

N.J. Stat. § 44:4-39 § 44:4-39

The director of welfare under the general rules and regulations shall receive in the welfare-house such poor persons as by law are properly receivable therein, or as otherwise by law may be provided, and all such persons as would otherwise be receivable in an almshouse.

N.J. Stat. § 44:4-40 Determination by director of relief to be granted

44:4-40. The county director of welfare, under the direction, and subject to the approval of the county welfare board shall determine who are to be relieved by him, subject to an application by any person on at least five days' notice, to the Superior Court, Chancery Division, Family Part, by complaint, in writing, applying for a summary review and determination by the court of the action of the director of welfare as to the extent and amount of relief, if any, to be given or rendered. Amended 1953,c.42,s.20; 1991,c.91,s.434.

N.J. Stat. § 44:4-41 Deputy director of welfare

The county welfare board may appoint a deputy director of welfare who shall: a. Have the qualifications of a director of welfare and shall have resided in the state for at least one year; b. Be under the direction of the director of welfare; and c. Be vested on approval of the county welfare board with the same power as a director of welfare in the distribution of relief, with like authority for the prosecution or defense in court proceedings as is vested in a director of welfare.

N.J. Stat. § 44:4-42 § 44:4-42

Where a county contains a city of the first or second class, the county welfare board of such county shall appoint an assistant director of welfare for each such city to administer the distribution of relief under the direction of the director of welfare and the supervision of the county welfare board in such territory as the county welfare board may prescribe; and to administer relief to such other municipalities as the county welfare board may deem necessary such board may appoint assistants on the staff of the director of welfare, preference of appointment to be given to experienced and fully qualified overseers of the poor.

N.J. Stat. § 44:4-43 Resident helpers and municipal advisory committees

County welfare boards may appoint resident helpers, and municipal advisory committees without pay and without fees, to aid in the relief of poor persons under their direction and jurisdiction, in any municipality or locality, in order that such helpers and advisory committees may observe and ascertain, assist and co-operate with any county welfare board in ascertaining the cause or causes of dependency, and in obtaining employment for poor persons when needed, and assist, advise, and co-operate with any director of welfare or deputy, under the direction and supervision of the county welfare board in instituting and prosecuting to a determination such proceedings as may be necessary through other agencies of the state, or its political subdivisions, for the relief of the poor, the admission of them, or their lawful dependents, to such institution or agency as may be provided for mental or physical disability or otherwise. The county welfare board shall appoint a municipal advisory committee in any municipality upon the request of the governing body of the municipality, the members to be appointed from names of reputable citizens submitted by the governing body. Helpers and members of municipal advisory committees shall be registered on appointment at the office of the county welfare board, and shall be furnished and supplied with such evidence of their appointment and authority as the county welfare board shall determine.

N.J. Stat. § 44:4-44 § 44:4-44

All agencies for relief, such as widows' pensions, as provided by law, aid under the authority conferred upon the rehabilitation commission and public employment service, or other aids to relief, support or assistance, public or private, shall be made use of by the director of welfare and his subordinates and helpers, under the direction and supervision of the county welfare board to the end that causes of dependency on the part of persons or their families and the need for such public relief in whole or in part may be eliminated, and they are authorized under direction of the county welfare board to take such legal steps, either as prosecutors or petitioners in legal proceedings in aid of such persons or their families, as may be necessary to such end.

N.J. Stat. § 44:4-45 § 44:4-45

The county welfare board shall keep a public record of its proceedings in a book provided for that purpose, and, as the county bureau of relief, shall keep a complete, accurate and itemized record of all relief furnished.

N.J. Stat. § 44:4-46 § 44:4-46

The county welfare board shall keep a book, setting forth therein all money, goods, and materials received by it and, in addition thereto, a separate book of orders for relief, with stubs attached. The printed orders and stubs shall show the name, residence, when issued, the amount and kind of relief expended, and by whom issued and delivered. The order shall be indorsed by the recipient and countersigned by the county welfare board furnishing such relief as made.

N.J. Stat. § 44:4-47 § 44:4-47

The county welfare board, as the county bureau of relief, shall make periodical reports to the board of chosen freeholders at such times and in such manner and form as is provided in this chapter. The board shall report the amount and nature of relief furnished to each poor person for permanent or indoor, and temporary or outdoor relief, and make such other reports as the board of chosen freeholders may require either by rules or by requests in individual cases.

N.J. Stat. § 44:4-48 § 44:4-48

The county welfare board shall make annually a report of the financial management and expenditures and other operations of the welfare-house and the number of persons maintained therein, together with its recommendations to the board of chosen freeholders.

N.J. Stat. § 44:4-49 § 44:4-49

Directors of welfare shall keep a record of all receipts and expenditures on their part or that of their subordinates.

N.J. Stat. § 44:4-50 Director's record of applicants for relief

Directors of welfare shall keep a record which may be by card index and which shall state in respect to all applicants for relief: a. The name, age, sex and residence; b. The number and names of children and their ages; c. The time and place of last employment, and the family income; d. Whether citizen or alien and the place of nativity; e. The place of abode for the ten years preceding the application for relief; f. The causes direct and indirect which operated to make relief necessary so far as can be ascertained; g. The relief or aid given, and such relief as may have been or is being provided by all organizations as ascertained; h. The names of the director or deputy and helper having particular knowledge and charge of the case, and of witnesses of the fact with their addresses; and i. The names of those responsible by law for the support of the poor person and of any relative agreeing or likely to agree to contribute in whole or in part to, or assist in, the support of the poor person.

N.J. Stat. § 44:4-51 § 44:4-51

In case of the commitment or admission of a poor person or a member of his family, through the agency of the director of welfare under the supervision of the county welfare board, to an almshouse, welfare-house or other institution or family, the director shall file a copy of the record provided for in section 44:4-50 of this title, or a record of the admission or commitment, with the commissioner at his office at Trenton, and in case of an infant a copy thereof shall be within the same time filed with the state board of children's guardians at its office. Such filing within the time limited may be by registered mail.

N.J. Stat. § 44:4-52 § 44:4-52

Directors of welfare under the direction of the respective county welfare boards shall make to their respective county boards of chosen freeholders annually within thirty days after the first meeting thereof in the year, a report or reports, in writing, which shall be a summary of the entries of the records mentioned and authorized in this chapter.

N.J. Stat. § 44:4-53 § 44:4-53

The board of chosen freeholders shall furnish to the county welfare board the necessary material, card indexes and other stationery for the purpose of this chapter, at the expense of the county. All forms of records for the use of the county welfare board and its agents shall be such as are approved and prescribed by the commissioner.

N.J. Stat. § 44:4-54 § 44:4-54

All records and reports shall be subject to inspection by duly authorized representatives of the state board or the commissioner.

N.J. Stat. § 44:4-55 § 44:4-55

The person in charge of every institution for the poor shall keep a book, to be provided by the authority charged with the care of the institution, in which book he shall enter from time to time the name, date of the commitment, age, sex, color, description, physical and mental condition, education, habits, occupations, condition of ancestors and family relations, cause of dependence, birthplace and date of discharge, or of death and place of burial of every person coming into the care of the institution, and such other records as may be prescribed by the state board of health and the bureau of vital statistics, together with any other information or data about them as prescribed by the commissioner, and such book shall be open to the inspection of the public at all times.

N.J. Stat. § 44:4-56 § 44:4-56

For the wrongful neglect or refusal to keep the book according to the requirements of section 44:4-55 of this title, for the willful alteration of any entry in it, or for its willful mutilation or destruction, the person in charge shall be liable to a penalty of twenty-five dollars, to be recovered for the use of the county in an action at law in any court of competent jurisdiction, together with the costs of suit, by the welfare board controlling the institution.

N.J. Stat. § 44:4-57 Place of settlement in general

Every person of full age who is a resident of, and domiciled without interruption in any county for five years, excluding any time spent by such person in a charitable or correctional institution, shall be deemed settled in such county and shall so remain until he has gained a like settlement in some other county, or has removed from this state and remained therefrom continuously for one year, or has gained a legal settlement elsewhere in this state. A person who has removed from this state for more than one year shall not retain his settlement in any county in this state.

N.J. Stat. § 44:4-58 § 44:4-58

A married woman and her children shall always follow and have the settlement of her husband and of their father. If he has no such settlement, her settlement shall be as it was at the time of her becoming a resident and a domiciliary of the county wherein relief is sought, provided she has not, in lieu thereof, gained a settlement as is provided in section 44:4-57 of this title.

N.J. Stat. § 44:4-59 § 44:4-59

Legitimate minor children shall, until they have gained a settlement of their own, always follow and have the settlement of their father, if they have one, except that if the father has no settlement they shall follow and have the settlement of their mother.

N.J. Stat. § 44:4-60 Illegitimate minor children

Illegitimate minor children shall follow and have the settlement of their mother, unless the father is legally found or admitted by him to be such at the time and place of their birth, in which case they shall follow and have the father's settlement. If neither parent has a settlement, then it shall be in the county in which the minor child was born, if the birth occurred in this state. Such minor children born in charitable or correctional institutions, or while the mother is legally an inmate thereof, whether on parole or leave of absence, shall be chargeable to the place of the settlement of the mother or father or from which they were admitted or committed, rather than to the place where that institution is located.

N.J. Stat. § 44:4-61 § 44:4-61

No minor who is brought into any county in this state, or who is placed out in any family therein by any person, society or corporation, public or private, of this or any other state, shall gain a settlement.

N.J. Stat. § 44:4-62 § 44:4-62

Nothing in this chapter shall apply to or affect any person from outside the United States of America, or in any way change the rights or liabilities of such persons as conferred or imposed by any law of the United States, nor the right otherwise conferred by law to deport or remove such persons to any other state wherein such person still retains, or may have acquired, a settlement according to the laws of any state or country, and in all such cases no settlement shall be deemed to have been acquired within this state.

N.J. Stat. § 44:4-63 § 44:4-63

Where permanent relief is required by any poor person in a county in which he has gained a settlement the director of welfare under the direction of the county welfare board shall commit and remove such person to the welfare-house in its jurisdiction, if there is such, or the welfare-house of another county wherein the permanent poor of the county are maintained by contract as provided in this chapter, or furnish relief at home, if the circumstances as otherwise herein provided may be lawful and preferable.

N.J. Stat. § 44:4-64 § 44:4-64

Where permanent relief is required by a poor person in any county in which he is a resident or an inhabitant, whose place of settlement is in another county than the one in which relief is sought, the director of welfare, under the direction of the county welfare board, shall temporarily relieve such poor person and proceed to remove him to the place of such settlement as directed in sections 44:4-74 to 44:4-78 of this title, and until such other place of settlement is ascertained the director of welfare, under the direction of the county welfare board, may place such poor person as other permanent poor having a settlement in such county are maintained and relieved.

N.J. Stat. § 44:4-65 § 44:4-65

Permanent relief shall not be rendered by any county welfare board to any person who is otherwise lawfully removable and who has no settlement in the county in which relief is sought or necessary, but all such persons shall be temporarily provided for or admitted to the county welfare-house pending such removal, and shall be removed by such procedure as may be lawfully necessary by the director of welfare, as provided in this chapter, or as otherwise may be provided by law.

N.J. Stat. § 44:4-66 Procedure where relief sought by person having no settlement anywhere

Where relief is required by a poor person in any county in which he is a resident and inhabitant, who shall not have gained a settlement in any county within this state, or in any other state, the director of welfare, under the direction of the county welfare board, shall provide relief. If it is ascertained that the person has no legal settlement in the county, the director of welfare shall proceed to remove the person to the place from which he came by whatever lawful proceedings may be necessary to that end with the aid of the officers as provided in this chapter.

N.J. Stat. § 44:4-67 § 44:4-67

When temporary relief is required by a poor person in any county in which he is a resident and inhabitant, whose place of settlement is in some other county in this state, the director of welfare shall provide and render temporary relief pending removal.

N.J. Stat. § 44:4-68 § 44:4-68

Where temporary relief is required by a poor person in a county in which he is a resident and inhabitant, and it is ascertained that his place of settlement is outside of this state, the director of welfare shall provide relief and immediately make such application, with the aid of the county adjuster, as may be necessary and otherwise lawful for his removal. A record thereof shall be filed with the commissioner and his aid obtained for such purpose when necessary, which aid the commissioner shall give forthwith.

N.J. Stat. § 44:4-69 § 44:4-69

Every person who has, or shall acquire a settlement in any county shall be chargeable as to permanent relief and be supported and maintained or relieved by such entire county, and the board of chosen freeholders shall provide for the payment of the expense thereof as other county expenses are paid.

N.J. Stat. § 44:4-70 Settlement; determination; effect of temporary removal

Every person of full age who shall be a resident of and domiciled without interruption in any municipality of a county wherein this chapter has been adopted by referendum, for five years, excluding in the computation of such period the time if any spent by such person in any charitable or correctional institution, shall be deemed settled in such municipality and shall so remain until he shall have gained a like settlement in some other municipality or county in this state, or shall have removed from this state and remained therefrom continuously for one year, or shall have gained a legal settlement elsewhere in this state. If such person shall have removed from this state for more than one year, he shall not retain his settlement in any municipality or county in this state.

N.J. Stat. § 44:4-71 § 44:4-71

Where temporary relief is required by a poor person in a municipality in which he is a resident and inhabitant, in which municipality he has not gained a settlement, but shall have gained a settlement in some other municipality in the same county than the one in which relief is sought, the county director of welfare shall temporarily relieve such poor person and proceed to remove him to the place of such settlement in the municipality within the same county where his place of settlement is.

N.J. Stat. § 44:4-72 Removal of poor person to place of legal settlement; procedure

44:4-72. When the removal of a poor person from the place of his domicile or where he is found to the place of his settlement in the same county is lawful and necessary, it shall be made by means of a written notice signed by the director of welfare of the county to the governing body having jurisdiction in the place to which such person is to be removed, that on a day certain, not less than ten nor more than twelve days after the date and mailing of the notice, an order will be made by the director of welfare that the poor person be removed to the place of his settlement, stating the reasons therefor, the place of his settlement or the place where he became poor prior to his becoming an inhabitant of the municipality from whence he is to be removed. On the day named in the notice, the order for removal shall be made by the director of welfare of the county, and thereafter the poor person shall forthwith be removed by the director of welfare to the place indicated in the notice upon the making of an order that the poor person has no settlement in the municipality in which he is a resident or is found, and has a settlement or became poor in the other municipality in the same county prior to his becoming a resident and inhabitant or being found in the municipality from whence he is to be removed, unless within ten days after the mailing of the written notice the governing body to whom it shall have been mailed shall proceed to contest the allegation of the settlement of the poor person or of the right to remove him to the municipality in which it has jurisdiction. The contest shall be made by notice to the director of welfare giving the original notice, fixing a time and place when the governing body shall apply to the Superior Court, when and where the court shall hear and determine the controversy, which time and place shall not be less than ten or more than thirty days from the time of giving the original notice thereof. On failure to resist the removal by the receiving municipality the receiving municipality may not contest receiving the poor person, and he shall be removed by the county welfare director at the cost and expense of the municipality from which he is removed, out of the appropriation made by the municipality for the relief of the temporary or outdoor poor of the municipality, but for good cause shown for the failure to contest the removal the receiving municipality may, within thirty days after the receipt of the poor person in its municipality, apply to the Superior Court to review the proceeding and to make such revised order and disposition for the care and relief of the poor person and his removal, if lawful, as may be proper and necessary. Amended 1991,c.91,s.435.

N.J. Stat. § 44:4-73 Duties of director of welfare and county adjuster

The director of welfare under the direction of the county welfare board in any county shall take the necessary steps looking to the removal of any poor person from this state, or to another county in this state, through and by means of the aid and authority of the county adjuster. The county adjuster shall on the application of any director of welfare, forthwith take the steps necessary to the removal of any poor person from this state, or to another county, by negotiating with the proper authority in the other state or county, through the commissioner, for the reception of the poor person who may be properly removable to any place in that state or county.

N.J. Stat. § 44:4-74 § 44:4-74

When the removal of a poor person from the place of his domicile or where he is found to the place of his settlement is lawful and necessary, it shall be made by means of a written notice signed by the removing official to the officer having jurisdiction in the place to which the person is to be removed, that on a day certain, not less than ten nor more than twelve days, after the date and mailing of the notice, an order will be made by the removing director of welfare, that the poor person be removed to the place of his settlement, stating the reasons therefor, the place of his settlement or the place where he became poor prior to his becoming an inhabitant of the county or municipality therein from whence he is to be removed.

N.J. Stat. § 44:4-75 § 44:4-75

On the day named in the notice, the order for removal shall be made by the removing director of welfare, and the poor person shall forthwith be removed to the place indicated in the notice upon the making of an order that he has no settlement in the county in which he is a resident or is found, and has a settlement or became poor in the other county or municipality therein prior to his becoming a resident and inhabitant or being found in the county from whence he is to be removed, unless within ten days after the mailing of the written notice the director of welfare of the county welfare board or overseer or county adjuster as the case may be to whom it has been mailed shall proceed to contest the allegation of the settlement of the poor person or of the right to remove him to such county or municipality.

N.J. Stat. § 44:4-76 Contest; how made

44:4-76. Such contest shall be made by notice to the officer giving the original notice, fixing a time and place when the contesting county welfare board, through the director of welfare, or the overseer or county adjuster as the case may be will apply to the Superior Court when and where the court shall hear and determine the controversy, which time and place shall not be less than ten or more than thirty days from the time of giving the original notice. Amended 1991,c.91,s.436.

N.J. Stat. § 44:4-77 § 44:4-77

On failure to resist such removal the receiving county welfare board or overseer or county adjuster, as the case may be, may not decline to receive the poor person, but shall receive him and provide such relief as is lawful; except that for good cause shown for the failure to contest the removal the receiving county welfare board or overseer or county adjuster, as the case may be, may, within thirty days after the receipt of the poor person in its county, apply to the court of common pleas of the county from whence the person was removed, to review the proceeding and make such revised order and disposition for the care and relief of the poor person and his removal, if lawful, as may be proper and necessary.

N.J. Stat. § 44:4-78 Liability of county or municipality failing to receive or remove poor person

44:4-78. If any director of welfare under direction of the county welfare board or any overseer or county adjuster as the case may be shall neglect to receive or remove a poor person, as provided in this chapter, after the determination of the matter by any court having jurisdiction, the county or municipality as the case may be where the neglect occurs shall be liable for the expense of the support and relief of the poor person. The expense shall be recoverable from time to time, with costs, by the county welfare board or overseer incurring the cost of the relief and support, in an action at law in any court of competent jurisdiction in the name of the county or municipality as the case may be against the county or municipality liable therefor. The director of welfare or the overseer or county adjuster whose duty it was to receive or remove the poor person, shall be served with notice of the action in the manner in which any summons is required to be served. Amended 1991,c.91,s.437.

N.J. Stat. § 44:4-79 § 44:4-79

A person who shall send, bring, remove or entice to remove, or cause to be sent, brought or enticed, any poor person into a county from any other county within this state without first having obtained the consent of the county welfare board of the county, or from any other state into any county within this state without first having obtained the consent of the commissioner and furnishing suitable bond, and there leave or attempt to leave the person without first having obtained that consent, in order that the support or maintenance of the person upon the county may be avoided, shall be guilty of a misdemeanor, and the poor person shall not gain a legal settlement thereby and shall be returned from whence he came in the manner provided by law.

N.J. Stat. § 44:4-80 § 44:4-80

A sentence or fine imposed under the provisions of section 44:4-79 of this title may be suspended before or after conviction upon condition that the offender will convey the poor person to the place where he has a settlement or where he became poor without this state from which he was sent, brought, removed or enticed, or that the offender will at his own expense support the poor person, which removal or support by the offender shall be secured by a bond to the county welfare board with sufficient surety satisfactory to the court conditioned upon the making of the removal as provided in this section or the making by the offender with the director of welfare of proper provisions for the relief and support of the poor person.

N.J. Stat. § 44:4-81 Furnishing transportation to nonresidents.

44:4-81. No person shall furnish a nonresident who is sick, elderly, injured, or who has a physical disability, with transportation at the cost of the county until the director of welfare of the county has ascertained the legal residence of the person applying. Any transportation furnished to such person shall be to the person's legal residence unless it shall appear that the person has some valid claim for support or some means of support in some other place to which the person shall ask to be sent. Amended 2017, c.131, s.179.

N.J. Stat. § 44:4-82 Inquiry into case by director

When a person shall apply for relief for himself or another to a county welfare board, the director of welfare, under the direction of the board, shall inquire into the facts, conditions and circumstances of the case, and also into the matter of such person's settlement if it shall appear that such person is unable to earn a livelihood by his own labor and is a poor person and requires temporary or permanent relief. The director shall also ascertain the direct or indirect causes of poverty, and whether or not a person requiring permanent relief is without adequate home or without children, grandchildren, parents, grandparents or husband, who are by law required and able to maintain him and other persons who are willing to do so.

N.J. Stat. § 44:4-83 § 44:4-83

The director of welfare, by a written order, shall render such aid and material relief as he may in his discretion, subject to the approval of the county welfare board, deem necessary to the end that such person may not suffer unnecessarily from cold or hunger, or be deprived of shelter.

N.J. Stat. § 44:4-84 § 44:4-84

If any such poor person is receiving shelter in some suitable home or habitation, and it is possible to maintain him as adequately and profitably therein as in an almshouse or welfare-house, temporary relief may be granted and furnished by the director of welfare subject to the approval of the welfare board having charge of the administration of relief by such director of welfare to such poor person in such home or habitation, otherwise, he shall be committed and removed to the proper welfare-house in the county.

N.J. Stat. § 44:4-85 § 44:4-85

In all cases where a person is removed to the welfare-house or receives permanent relief by the order of the county welfare board, such order and commitment shall state the name, age, sex, nativity, place of settlement, names of children, grandchildren, parents or grandparents, or relatives and their place of residence, and the cause or causes of making such removal or relief necessary or advisable of every poor person so relieved, removed or committed.

N.J. Stat. § 44:4-86 Investigation and supervision by welfare board

The county welfare board shall: a. Investigate every application for relief; b. Supervise by periodic visitation every person receiving such relief; c. Devise ways and means for bringing persons unable to maintain themselves to self-support; and d. Keep full and complete records of such investigation, supervision, relief and rehabilitation.

N.J. Stat. § 44:4-87 Obtaining employment for poor persons and families

When an application for relief is made to the county welfare board in behalf of any person who claims or alleges to be poor and in distress, and the person or a member of his family appears to be in good health and capable of earning a livelihood sufficient for the total or partial support of the poor person, the director of welfare shall make every possible effort to secure employment for the person and any or all other members of the same family, and shall to that end use the services of such helpers as may be appointed in his jurisdiction, to aid in accomplishing that purpose and in maintaining supervision over the poor person and in having contact with his employers for the purpose not only of obtaining employment but of continuing it if possible, and the factors if any interfering in the obtaining or continuation of such or any employment shall be ascertained and remedied if possible. To this end all public employment agencies or rehabilitation bureaus, or other agencies, public, private or charitable, may be made use of by the director of welfare under the direction of the county welfare board. Persons for whom proper employment is found who shall willfully neglect to work or labor and become, or continue, chargeable to any county by reason of such failure or neglect, and persons chargeable by law with the support of a poor person who shall neglect to perform reasonable work or labor, shall be proceeded against by the director of welfare.

N.J. Stat. § 44:4-88 § 44:4-88

Any poor person or child who is committed or removed to a welfare-house shall be received by the director of welfare, and be supported and relieved therein until in the case of a person not a minor it shall appear that such person is no longer a poor person within the meaning of this chapter when in the discretion of the county welfare board such person so removed may be discharged.

N.J. Stat. § 44:4-89 Classification and care of inmates of welfare-houses

In the management of welfare-houses the inmates shall be classified according to age, condition of health and ability to perform manual labor. Some form of employment shall be provided for such of the inmates as are able to work. Amended by L.1977, c. 63, s. 23, eff. April 15, 1977.

N.J. Stat. § 44:4-90 § 44:4-90

In welfare-houses or other institutions for the reception and maintenance of poor persons, females shall be kept separate from males at all times in their living rooms, bedrooms, toilets, halls, stairways and outbuildings, except that the provisions of this section shall not apply to persons who are lawfully married and living together as man and wife and who are or shall become inmates of a welfare-house or other institution. The accommodations necessary to carry out the intentions of this section shall be provided.

N.J. Stat. § 44:4-91 § 44:4-91

If it is ascertained at any time that a person who has been assisted by or has received support from any municipality or county has real or personal property over and above that necessary for his maintenance in whole or in part, if such poor person is maintained by the county at home, or over and above that sufficient for his family, or if any such person shall die, leaving real or personal property, an action may be maintained in the court of common pleas of the county by the board of chosen freeholders which has furnished or provided such assistance or support, or any part thereof, against such person or his estate, to recover the sums of money which have been expended by the county in the assistance and support of the person during the period for which support was furnished, and if any person shall die having received relief or maintenance as a poor person and having insurance upon his life, the proceeds of the insurance, after the payment of the expense of the last illness and the funeral expenses of the person, shall, if the terms of the policy so permit, be first applied to the reimbursement of the county, for the cost of the support and maintenance of the person, but no action shall lie, nor shall any appropriation of insurance be made against any estate when it is shown to the satisfaction of the court that the proceeds thereof, or the estate, are needed to prevent the widow or minor children of the poor person from becoming dependent upon the public.

N.J. Stat. § 44:4-91.1 Pledge of property as guaranty for reimbursement; agreement to reimburse

Every county welfare board, operating under chapter 4 of Title 44 of the Revised Statutes, shall require, as a condition to the admission of any person to the county welfare-house, or as a condition to the granting of permanent out-door support to any poor person, that all or any part of the property, either real or personal, of such person, either presently owned or which may subsequently be acquired, be pledged to said county welfare board as a guaranty for the reimbursement of the cost of the care and maintenance of such person at the county welfare-house or for the permanent out-door support furnished to such person pursuant to the provisions of said chapter, and the total amount of the cost thereof shall become a lien upon any lands owned or to be owned by such person, which lien shall have priority over all unrecorded encumbrances. The county welfare board shall take from each applicant a properly acknowledged agreement to reimburse for all benefits furnished, and pursuant to such agreement said applicant shall assign to the welfare board, as collateral security for said benefits, all or any part of his personal property and insurance when the terms of the policy so permit, as the board shall specify. The agreement to reimburse shall contain a release of dower or curtesy, as the case may be, of the spouse of the person so benefited, and such release shall be as valid and effectual as if the spouse had joined the applicant in a conveyance of the property to a third person; the maintenance and support furnished shall be good and valuable consideration therefor. L.1939, c. 263, p. 683, s. 1, approved July 18, 1939.

N.J. Stat. § 44:4-91.2 Filing certificate of costs of care furnished; legal claim, enforcement

1. At any time the county welfare board may execute and file with the county clerk or register of deeds and mortgages, as the case may be, a certificate, in the form prescribed by section 44:7-15 of the Revised Statutes, showing the amount of the cost of the care and maintenance of any person at the county welfare-house or for the permanent outdoor support furnished to any person. When so filed each certificate shall be a legal claim against both the person and his estate and shall have the same force and effect as a judgment of the Superior Court, with priority over all unsecured claims except funeral expenses not to exceed one hundred fifty dollars ($150.00). No levy shall be made upon the real estate while it is occupied by the widow or widower, as the case may be. If the proceeds of sale of any personalty or real estate, as herein provided, exceeds the total amount paid for care and maintenance under this chapter, such excess shall be returned to such person, or in the event of his death, such excess shall be considered as the property of the deceased for proper administration proceedings. All funds reclaimed under these provisions shall be returned to the county. L.1946,c.175,s.1; amended 1953,c.42,s.21; 1991,c.91,s.438.

N.J. Stat. § 44:4-91.3 Record of welfare house and outdoor liens

The county clerks or registers of deeds and mortgages, as the case may be, shall record in a book to be known as "Welfare-House and Outdoor Liens" the said certificates, and shall make a complete alphabetical index of the same, and no clerk or register shall charge any fee therefor. Whenever a county shall have received satisfaction for such judgments, the county welfare board shall enter an acknowledgment of satisfaction upon the record of such judgments without charge. L.1946, c. 175, p. 762, s. 2. Amended by L.1953, c. 42, p. 782, s. 22, eff. March 19, 1953.

N.J. Stat. § 44:4-92 § 44:4-92

If adult poor persons own the property where they reside in whole or in part, or are receiving shelter in some other suitable home or habitation, and it is possible to maintain them more adequately and profitably within the intent of this chapter, the director of welfare, under the direction of and subject to the approval of the county welfare board, may provide for their permanent relief in such homes in lieu of committing or placing them in a welfare-house.

N.J. Stat. § 44:4-93 Permanent relief; amount to be adequate; payable monthly

The director of welfare under the direction and subject to the approval of the county welfare board shall furnish permanent relief in an amount adequate to provide for the reasonable maintenance and well-being of such poor person, which shall be payable monthly upon the application of the director, out of the funds from which other expenses for the relief and support of the permanent poor are paid. L.1941, c. 130, p. 444, s. 1; L.1946, c. 297, p. 998, s. 1, eff. May 6, 1946.

N.J. Stat. § 44:4-94 Semiannual report relative to continuance of relief

At the expiration of six months from the time of granting permanent relief in the home, and every succeeding such period of time thereafter, or sooner if and when required by the county welfare board, the director of welfare shall render a report disclosing the conditions, circumstances, and changes if any of any such case, and if further relief is deemed by the welfare board to be necessary and advisable in the case, the welfare board shall order the continuance of the relief for a like period of time. The county welfare board may in its discretion summarily revoke any such order so made and thereafter all maintenance and relief for such poor person shall cease forthwith.

N.J. Stat. § 44:4-95 § 44:4-95

The director of welfare under the direction of the county welfare board shall within twenty-four hours of the commitment of all minor children under the age of eighteen years to the welfare-house, notify the state board of children's guardians of such commitment.

N.J. Stat. § 44:4-96 § 44:4-96

The care and general supervision of all minor children under the age of eighteen years who are committed to the welfare-house as mentioned in section 44:4-95 of this title shall upon such commitment be vested in the state board of children's guardians.

N.J. Stat. § 44:4-97 § 44:4-97

The director of welfare under the direction of the county welfare board shall, upon application for permanent relief, if granted, commit any minor poor child, who has gained a legal settlement within the meaning of this chapter to the welfare-house, or other public institution for the care of dependent children or to some private institution for the care of children or with some family approved by the state board of children's guardians for a period not to exceed thirty days after date of commitment, or until the court having jurisdiction has adjudged the child a public charge or made an order committing the child or its family to the care of the state board of children's guardians as herein and otherwise provided by law.

N.J. Stat. § 44:4-98 Notice of placement to boards of freeholders and children's guardians

Within twenty-four hours of such placement the director of welfare shall give a written notice thereof to the state board of children's guardians, and to the board of chosen freeholders of the county wherein the child has a settlement. The notice shall contain a description of the child embracing its name, age, sex, religion, faith of its parents, the names and addresses of all relatives liable for the support of the child, date of placement, past and present address or place of abode, and such information as the director has been able to ascertain, and the length of time the family has received relief from the municipality or district.

N.J. Stat. § 44:4-99 Transfer of children from welfare-house to charitable society; maintenance

L.1933, c. 103, p. 211, entitled "A supplement to an act entitled "A supplement to an act entitled "An act for the settlement and relief of the poor, and providing for municipal, county or joint county relief, excepting from county or joint county relief, certain municipalities" (Revision of 1924), approved March eleventh, one thousand nine hundred and twenty-four,' " approved April tenth, one thousand nine hundred and thirty-three, saved from repeal. [This act provides that in counties which had adopted the provisions of the county referendum act providing for the relief and settlement of the poor, and in which children were then being maintained at public charge under the care of a duly incorporated charitable society, the county may transfer any child under eighteen years from the county welfare-house to the society. Upon being so transferred the child is to be maintained at the expense of the county.]

N.J. Stat. § 44:4-100 § 44:4-100

Upon application for the relief of a poor person the county welfare board shall ascertain if possible the relatives chargeable by law for his support and proceed to obtain their assistance or compel them to render such assistance as is provided by law.

N.J. Stat. § 44:4-101 Relatives chargeable

a. The father and mother of a person under 18 years of age who applies for and is eligible to receive public assistance, and the children, and husband or wife, severally and respectively, of a person who applies for and is eligible to receive public assistance, shall, if of sufficient ability, at his or their charge and expense, relieve and maintain the poor person or child in such manner as shall be ordered, after due notice and opportunity to be heard, by any county director of welfare, or by any court of competent jurisdiction upon its own initiative or the information of any person. b. The provisions of this section shall apply to the minor children of a mother whose husband shall fail properly to support and maintain such minor children when by reason thereof they are likely to become a public charge. c. The provisions of this section shall not apply to any person 55 years of age or over except with regard to his or her spouse, or his or her natural or adopted child under the age of 18 years. Amended by L.1968, c. 446, s. 2, eff. Feb. 19, 1969; L.1975, c. 1, s. 2, eff. Jan. 14, 1975; L.1979, c. 401, s. 2, eff. Feb. 8, 1980.

N.J. Stat. § 44:4-102 Compelling support by relatives

44:4-102. If any of the relatives mentioned in section 44:4-101 of this Title shall fail to perform the order or directions of the county director of welfare with regard to the support of the poor person, or if the poor person is supported at public expense, the Superior Court, upon the complaint of the director of welfare or two residents of the county may summon the persons chargeable as in other actions and summon witnesses, and may order and adjudge the able relatives to pay such sum as the circumstances may require in the discretion of the court for each poor person, as will maintain and relieve him or them, and as will relieve the public of the burden of such care and maintenance. However, where it shall appear that the person or persons sought to be held were the child or children of the poor person and were abandoned and deserted by the poor person who failed to support and maintain them during minority, the Superior Court may revoke the order of the director of welfare or reduce the amount of said order against such child or children, in proportion to the actual support and maintenance rendered by said poor person to the child or children sought to be held. Any child now under an order to support a poor person may apply to the Superior Court which issued said order for the revocation or reduction of said order in accordance with the terms of this proviso. Violations of any such order of the Superior Court shall constitute a contempt of court. The county through its governing body may also bring an appropriate action to recover any sum of money due for the relief, support and maintenance of any poor person against any person chargeable by law therefor. Amended 1940,c.56; 1953,c.42,s.23; 1991,c.91,s.439.

N.J. Stat. § 44:4-103 § 44:4-103

In all cases where there are relatives and others not otherwise chargeable by law who are able and willing to support and maintain or contribute to the support and maintenance of a poor person, the county welfare board may contract with such relatives in consideration of the support and maintenance of the poor person whereby the relatives may undertake and obligate themselves to that end, or induce such aid and support as may be possible.

N.J. Stat. § 44:4-104 Compelling support by husband or wife

44:4-104. When a husband or father shall desert his wife, child or children or a woman shall desert her child or children and leave them, or any of them, as public charges, the director of welfare of the county may apply to the Superior Court, Chancery Division, Family Part, which court may order and adjudge suitable support and maintenance to be paid and provided by the husband or wife, or either of them, to be made out of his property, and for such time as the nature of the case and circumstances of the parties render suitable and proper in the opinion of the court, and may compel the defendant to give reasonable security for such maintenance and support, and from time to time make such further orders and judgments touching such maintenance and support as shall be just, and enforce such orders and judgments. Amended 1953,c.42,s.24; 1991,c.91,s.440.

N.J. Stat. § 44:4-105 Sequestration of estate

44:4-105. The Superior Court, Chancery Division, Family Part may: a. Issue process for the immediate sequestration of the personal estate and the rents and profits of the real estate of the person charged as provided in section 44:4-104 of this Title; b. Appoint the director of welfare of the county, or another person, receiver thereof; and c. Cause the personal estate and the rents and profits of the real estate, or so much thereof as is necessary, to be applied toward the maintenance and support as to the court shall from time to time seem reasonable and just. Amended 1953,c.42,s.25; 1991,c.91,s.441.

N.J. Stat. § 44:4-107 Recovery of expenses of support

The county welfare board through the county director of welfare, may bring a civil action from time to time in that court for such amount as may be necessary to pay any expense incurred or unpaid, and upon recovery of judgment and the sale of any property, real or personal, of the defendant, the proceeds realized therefrom as in other civil actions shall be paid to the county welfare board and applied by it for the support and maintenance of the deserted persons, or to reimburse the county or welfare board to the extent of the expenditures made by it for such support and maintenance. The sum realized on execution sale and not immediately used shall be kept by the county welfare board in a separate account in a national or State bank in the place where the deserted wife or children or any of them, are placed or maintained. All surplus proceeds not expended for that purpose shall be the property of and payable to the defendant. Amended by L.1953, c. 42, p. 784, s. 27, eff. March 19, 1953.

N.J. Stat. § 44:4-108 Willful deserter as disorderly person; punishment

A husband or father who willfully deserts or refuses or neglects to provide for and maintain his wife or children, or any of them, or a mother who willfully deserts or refuses or neglects to provide for and maintain her children, or any of them, or a child who willfully deserts or refuses or neglects to provide for and maintain his parents, or either of them, is a disorderly person, and upon being so adjudged shall be committed to the workhouse or county jail of the county or of that county composing a district in which the person resided at the time of the desertion or failure to provide for a period not exceeding sixty days in the discretion of the court. Amended by L.1953, c. 42, p. 785, s. 28, eff. March 19, 1953.

N.J. Stat. § 44:4-109 Complaint by director of welfare

When a director of welfare having jurisdiction in such cases believes that such desertion or willful refusal or neglect to so provide for any such wife, children or parents, or any of them, will cause the family to become chargeable as poor persons to any county, he shall make complaint before a court having jurisdiction in the county where the persons reside or in the place where the father, husband or child resides. Amended by L.1953, c. 42, p. 785, s. 29, eff. March 19, 1953.

N.J. Stat. § 44:4-112 § 44:4-112

When a physician or nurse who is employed by the governing body of a county or municipality is called upon or notified by the county welfare board of the county wherein the municipality is situated, with the consent and cooperation of the board where and whereby such physician or nurse is employed, to visit a poor person who is ill or injured, he shall make the visit and render such medical aid as the case may demand.

N.J. Stat. § 44:4-113 § 44:4-113

Where a contract for the visiting nursing care of sick poor persons in such municipalities is desired by the municipal authorities the county welfare board may enter into such contract, the cost to be borne by the municipality to which the service is rendered.

N.J. Stat. § 44:4-114 § 44:4-114

If it shall appear that the person visited and aided is a poor person within the meaning of this chapter, the physician or nurse attending him shall report the fact in writing to the director of welfare of the county welfare board, which may grant such further medical, surgical or other relief to the poor person as the circumstances may require or as it may deem necessary.

N.J. Stat. § 44:4-115 Hospitalization and other relief where treatment is urgent

In all cases wherein medical or surgical treatment is urgent, a poor person may be removed and admitted to any public or private hospital in the municipality in which he is found, and the director or those having charge of the hospital shall within a reasonable time ascertain from the sick person his name and place of residence, and if it shall appear that he is a poor person within the meaning of this chapter, a notice in writing shall immediately be sent to the county welfare board of the county wherein the municipality is situated in which the poor person resided prior to such removal and admittance. Upon receipt of the notice the director of welfare under the direction of the county welfare board, after confirming the status of the poor person, shall proceed and provide in a like manner for the relief of the sick indigent person as is provided for by, and is within the meaning of, this chapter, but the hospital expense shall be borne by the municipality in which the poor person was a resident prior to such removal and admittance.

N.J. Stat. § 44:4-116 § 44:4-116

When a ship or vessel shall arrive within a port, harbor or county within this state, having on board passengers or employees coming from any foreign port or place, or coming from any county within or without this state into any county within this state, the county welfare board of the county in which the ship or vessel shall arrive, may require of the master or commander thereof a bond with approved security to the inhabitants of the county in the sum of, and not exceeding, two hundred dollars, conditioned for the maintenance and support of any passenger or employee on board the ship or vessel who is sick, infirm or otherwise incapable and a poor person within the meaning of this chapter, in the opinion of the director of welfare of the county.

N.J. Stat. § 44:4-117 Liability of master or commander for landing persons wrongfully

A master or commander of a ship or vessel arriving as referred to in section 44:4-116 of this title, who shall land or suffer to be landed from on board his ship or vessel any passenger or employee who is sick, infirm or otherwise incapable of providing for his own support and by reason thereof is likely to become a public charge of the county, except by permit from the county welfare board of the county in which the poor person is found or brought, without having notified the director of welfare immediately upon the arrival of the passenger or employee and without having entered into the bond referred to in said section 44:4-116 shall be liable for the expenses of the relief and care of such poor person. Such expense may be recovered from time to time, with costs of suit, by the county welfare board incurring it, in an action at law in any court of competent jurisdiction in the county in which the poor person may be.

N.J. Stat. § 44:4-118 § 44:4-118

When a person shall die in a county without leaving money or other means sufficient to defray his funeral expenses, the director of welfare under the direction of the county welfare board shall employ some person to provide for and superintend the burial of the deceased person and contract with a cemetery association to provide a place for the burial, and the necessary and reasonable expenses as fixed by the governing body chargeable with the expense shall be paid by it upon the order of the county welfare board.

N.J. Stat. § 44:4-119 Acquisition of cemetery by county; issuance of bonds

A county may acquire by devise, gift, purchase, condemnation or in any other manner, such land as in the judgment of the governing body may be necessary and proper for a burial ground for those who may die therein without leaving means necessary to defray their funeral expenses. Such lands may be within the boundaries of an existing cemetery. If in the opinion of the governing body the amount of such cost will be too burdensome to be borne by the taxpayers in any one year, they may issue bonds therefor, in the manner in which other county bonds are issued pursuant to law.

N.J. Stat. § 44:4-120 Appropriations for year following adoption of chapter

Within fifteen days after this chapter takes effect and becomes operative in any county the county welfare board shall: a. Meet with the board of freeholders for consideration of the estimate of the welfare board as to the amount necessary for carrying into effect the provisions of this chapter for the ensuing year, and the board of freeholders after due consideration of the recommendation of the welfare board shall appropriate an amount sufficient in the judgment of the board of freeholders for the relief of the permanent or indoor poor within its jurisdiction; and b. Meet with the governing bodies of the municipalities of the county for consideration of the respective estimates of amounts necessary for providing temporary or outdoor relief in the respective municipalities and the governing bodies shall appropriate amounts sufficient in their respective judgments to meet the estimated expenditures for the relief of the temporary or outdoor poor in the respective municipalities for the ensuing year.

N.J. Stat. § 44:4-121 § 44:4-121

On November first of each year thereafter, the county welfare board shall forward to the board of chosen freeholders an estimate of the amount necessary for carrying into effect the provisions of this chapter, and to the governing bodies of the respective municipalities of the county estimates of the respective amounts necessary for the relief of the temporary or outdoor poor in the respective municipalities for the ensuing calendar or fiscal year.

N.J. Stat. § 44:4-122 § 44:4-122

Such provision for expense for the relief of the permanent or indoor poor shall upon the approval of the board of chosen freeholders, be included in the budgets of the respective counties on certification thereof by the respective county welfare boards for the ensuing calendar or fiscal year, and an amount shall be appropriated sufficient in the judgment of the board of freeholders to meet the necessary expenditures.

N.J. Stat. § 44:4-123 § 44:4-123

When the sums appropriated as provided in section 44:4-122 of this title are expended or exhausted during the year and for the purpose for which they were appropriated, and when separate appropriations are made for indoor and outdoor relief of the poor and any one of the appropriations is expended or exhausted, or is or may be inadequate alone for either such indoor or outdoor relief, the board of chosen freeholders may provide for the continuance of such relief as may be necessary for the balance of the fiscal year, by the appropriation of additional sums from time to time to carry out the provisions of this chapter.

N.J. Stat. § 44:4-124 § 44:4-124

Such additional sums may be paid from unexpended balances not required by law to be expended for a specific purpose, or from contingent funds, where such exist. Where such balances are not available or adequate, or such funds do not exist, such money shall be raised by temporary loans or notes, certificates of indebtedness or temporary loan bonds to be issued as otherwise provided and limited by law for counties of this state, and the amounts necessary to pay such obligations shall be placed in the budget for the next ensuing fiscal year.

N.J. Stat. § 44:4-125 Appropriations by municipalities for temporary or outdoor poor

The expenditures, exclusive of administrative expenses, for relief under the provisions of this chapter of the temporary or outdoor poor residing in the respective municipalities of the county shall be limited except as provided in section 44:4-127 of this title, to amounts appropriated therefor by the respective municipalities of the county and included in their budgets for each ensuing calendar or fiscal year; and the respective municipalities shall include in their budgets appropriations adequate in the judgment of their governing bodies for the purpose. Such appropriations shall be made available to the order of the county welfare board of the county wherein the municipalities are situated for the sole purpose of providing relief to the temporary or outdoor poor of the respective municipalities, and the county welfare board shall expend within the municipality so making the appropriation so much thereof as is necessary to provide for such relief.

N.J. Stat. § 44:4-126 § 44:4-126

When any sum appropriated as provided in section 44:4-125 of this title has been expended or exhausted, during the year and for the purpose for which it was appropriated, the county welfare board shall notify the governing body of the municipality, which shall provide for the continuance of the relief of the temporary or outdoor poor residing in the municipality, for the balance of the calendar or fiscal year, by an additional appropriation for the purpose, to be made available to the order of the county welfare board of the county.

N.J. Stat. § 44:4-127 § 44:4-127

When a municipality fails to appropriate an additional sum for this purpose, the board of chosen freeholders shall provide for the relief of the temporary or outdoor poor of the municipality for the remainder of the calendar or fiscal year by an emergency appropriation on certification thereof by the county welfare board, and shall assess and collect a special tax in the municipality sufficient to meet and pay for such emergency appropriation in the same manner as other county taxes are assessed and collected in the municipalities of the county.

N.J. Stat. § 44:4-128 § 44:4-128

Any unexpended balance of such municipal appropriation shall be carried over and made available for the relief of the temporary or outdoor poor within the municipality for the next ensuing year.

N.J. Stat. § 44:4-129 § 44:4-129

The board of chosen freeholders of any county the legal voters of which have failed to adopt the provisions of this chapter as herein provided, may propose to adopt such provisions by resolution as in this chapter provided.

N.J. Stat. § 44:4-130 § 44:4-130

Final action by the board of chosen freeholders of the county on the resolution shall be adjourned for at least one month from the time of the proposal of such resolution, at which time such final action shall be taken except as provided in section 44:4-131 of this title.

N.J. Stat. § 44:4-131 § 44:4-131

Within two weeks after the proposal of the resolution, notice of the time and place of final action to be taken thereon shall be published twice in two newspapers published and circulated in the county, at least one of which is published in the county seat. The final passage of the resolution may be adjourned thereafter to the next regular meeting of the board of chosen freeholders.

N.J. Stat. § 44:4-132 § 44:4-132

Upon the adoption of the resolution by the board of chosen freeholders, the question of the adoption of the provisions of this chapter in the county shall thereupon be submitted to the legal voters of the county at the general election next following the adoption of the resolution, public notice of which shall be given by the board of chosen freeholders by publication, not less than thirty days prior to the election, in one or more newspapers published and circulated in the county, at least one of which is published in the county seat.

N.J. Stat. § 44:4-133 Ballot; form and content

At any such election at which the question of the adoption of the provisions of this chapter is submitted to the legal voters of a county, there shall be printed upon each official ballot substantially the following: "To vote upon the public question printed below, if in favor thereof mark a cross (X) or plus (+) in the square at the left of the word YES, and if opposed thereto mark a cross (X) or plus (+) in the square at the left of the word NO. "Shall chapter 4 of the title Poor of [ ] YES the Revised Statutes (s. 44:4-1 et seq.), providing for the settlement and relief [ ] NO of the poor and for county relief, be adopted in ....................... (here insert name of county)?"

N.J. Stat. § 44:4-134 Voting

44:4-134. If the voter makes an x or + mark in ink or pencil in the square at the left of the word "yes," it shall be counted as a vote in favor of the adoption of this chapter. If the voter makes an x or + mark in ink or pencil in the square at the left of the word "no," it shall be counted as a vote against the adoption of this chapter, and in case no mark is made in the square at the left of the word "yes" or "no" it shall not be counted as a vote for or against the acceptance of this chapter. Amended 1953,c.42,s.11; 1991,c.91,s.431; 1994,c.77,s.23.

N.J. Stat. § 44:4-135 § 44:4-135

A canvass and return of the votes cast in the county upon the question of the adoption of this chapter shall be made by the board of canvassers in the same manner as for officers voted at such election and as for other questions submitted on referendum. If a majority of the votes cast for or against the chapter are found to favor its adoption it shall then, but not otherwise, be deemed adopted in the county. When so adopted in a county the board of chosen freeholders thereof shall provide by resolution for its operation on January second next following the referendum.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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