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Page 6 of 7 § 10:71-3.3 Citizenship; alien status-documentation requirements Amended by R.1999 d.253, effective August 2, 1999. See: 31 N.J.R. 97(a), 31 N.J.R. 2203(b). Rewrote (c); and added (d) through (g). Amended by R.2000 d.415, effective October 16, 2000. See: 32 N.J.R. 2565(a), 32 N.J.R. 3844(a). In (a), substituted "September 22, 1922" for "September 22, 1992" in the introductory paragraph; and substituted "board of social services" for "welfare agency" throughout. Amended by R.2012 d.025, effective February 6, 2012. See: 43 N.J.R. 804(a), 44 N.J.R. 230(a). Rewrote (a), (b), and (g); in (c)5, substituted "U.S. Citizenship and Immigration Services" for "Immigration and Naturalization Service"; in (c)12vi and (f), substituted "welfare agency" for "board of social services"; in (c)12vi, substituted "§ 1641" for "§ 1641"; and added (h) and (i). Annotations Notes Chapter Notes Case Notes Adult daughter of mother who was disabled as a result of Alzheimer's disease was entitled to the benefit of the "caregiver child" exemption because she established that she cared for her mother on a continuous basis despite the fact that the daughter was employed full-time. The evidence established that the daughter's employer liberally accommodated the daughter's need to care for her mother and allowed her to telecommute for a substantial number of hours during each workweek, therefore making it possible for the daughter to remain in the residence when her mother's condition required it. That being so, the agency should not have denied benefits to the mother. E.C. v. Passaic Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 15633-16, 2017 N.J. AGEN LEXIS 30, Initial Decision (January 12, 2017). In New Jersey, the requirement that otherwise eligible legal permanent residents are entitled to Medicaid benefits only if they have been "present in the United States for five years" does not apply to children under the age of 19, and it thus was improper for a county welfare agency to terminate the NJ FamilyCare/Medicaid benefits being received by an 18 year old legal permanent resident. A.P. v. Somerset Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 12489-16, 2016 N.J. AGEN LEXIS 1238, Initial Decision (December 12, 2016). Agency adopted decision of an ALJ granting Medicaid benefits to an applicant on the ground that he had demonstrated that he was an asylee admitted to the U.S. per § 208 of the Immigration and Nationality Act whose deportation had been withheld pursuant to § 243(h) of the Immigration and Nationality Act. That being so, the county social services board acted unlawfully when it denied his application for Medicaid benefits. A.S. v. DMAHS et al., OAL DKT. NO. HMA 09735-16, 2016 N.J. AGEN LEXIS 1179, Final Administrative Determination (September 27, 2016). DMAHS approved an ALJ's order finding that Medicaid applicant was properly denied eligibility on a finding that he was not a permanent resident for five or more years because the applicant had abandoned or relinquished his