New_jersey Statute | Act | Code |Title 30 Institutions And Agencies| US Code - US Statute

30:4-49. Legal settlement in county; aliens 30:4-49. Except as hereinafter provided, legal settlement in a county within the meaning of this article shall be continuous residence in such county for a period of not less than five years immediately preceding the date of application for admission or commitment, excluding the time, if any, spent by the patient in any charitable, or correctional institution or public hospital. An alien who has taken up his residence in any county in this State immediately upon arriving in this country, having had such county as his destination, and who shall have resided in such county for a period of at least three years immediately preceding the date of application for admission or commitment, shall be deemed to have a legal settlement in such county. Amended 1965,c.59,s.36; 1995,c.155,s.10. 30:4-49.1. Settlement of married woman The settlement of a married woman shall be that of her husband except as otherwise herein provided: (a) If her husband at the time of her marriage does not have settlement in any State, she shall retain her own settlement until her husband acquires one or until hers is lost; (b) A widow or woman who is divorced or separated by judicial decree from her husband shall have the same settlement which she had at the time of the death of her husband or of her divorce or judicial separation, but may subsequently acquire a new settlement; (c) After continuous separation from her husband and absence from the State for 1 year, a married woman@s settlement shall be lost until such time as she and her husband voluntarily resume living together in which event her settlement will be that of her husband. L.1965, c. 59, s. 37. 30:4-49.2. Settlement of minor born in wedlock The settlement of a minor born in wedlock shall be that of his parents or surviving parent or in case of divorce or separation, of the parent having his custody. In the case of the death of the parent having custody, the settlement shall be that of the surviving parent. In case of the death of both parents or in case of permanent separation from his parents by court order or by surrender of custody by an instrument in writing in accordance with law, the settlement of such minor at the time of such death or separation shall continue until his majority unless he shall gain a separate settlement as hereinafter provided. L.1965, c. 59, s. 38. 30:4-49.3. Settlement of minor born out of wedlock The settlement of a minor born out of wedlock shall be that of his mother; but such minor may acquire a separate settlement in the same manner as minors born in wedlock, as hereinafter provided. L.1965, c. 59, s. 39. 30:4-49.4. Minors; capability of separate settlement A minor shall be deemed capable under the provisions of this act of acquiring a separate settlement, in the same manner as persons of full age, from the time he or she has complied with either of the following provisions: (a) If a male, by marrying and living apart from parents; (b) By residing separately and apart from his parents and being lawfully employed when wages are paid to such minor. This provision shall not apply in the case of a minor serving an apprenticeship or securing an education in a regularly organized training school or other educational institution, or where such minor is dependent in whole or in part upon his parent or guardian for support; except that if such minor resumes living with either of his parents, his settlement shall be the same as it was before his departure. L.1965, c. 59, s. 40. 30:4-49.5. Settlement of child of widow, divorced woman or unmarried mother who gains new settlement by marriage When a widow, divorced woman or unmarried mother gains a new settlement by marriage, if, at the time of such marriage her child is not in her custody and is receiving care at public expense, the settlement of such child shall not follow that of its mother until such time as the child has been returned to the custody of its mother and has remained in her care without receipt of public assistance for the period of 1 year. L.1965, c. 59, s. 41. 30:4-49.6. Loss of settlement Every person who has or shall have a separate legal settlement, not derived from that of another person, pursuant to the provisions of this act shall continue to have such legal settlement until he shall remove from this State and remain therefrom continuously for 1 year; except that absence from the State for 1 year or more because of service in the Armed Forces of the United States shall not result in loss of settlement providing the person was inducted into the service while residing in this State. L.1965, c. 59, s. 42.

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