2012 -- H 7375

=======

LC00993

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO HUMAN SERVICES - THE RHODE ISLAND WORKS PROGRAM

     Introduced By: Representatives Cimini, Diaz, Slater, Valencia, and Naughton

     Date Introduced: February 02, 2012

     Referred To: House Finance

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 40-5.2-20 of the General Laws in Chapter 40-5.2 entitled "The

1-2

Rhode Island Works Program" is hereby amended to read as follows:

1-3

     40-5.2-20. Child care assistance. -- Families or assistance units eligible for childcare

1-4

assistance.

1-5

      (a) The department shall provide appropriate child care to every participant who is

1-6

eligible for cash assistance and who requires child care in order to meet the work requirements in

1-7

accordance with this chapter.

1-8

      (b) Low-Income child care. - The department shall provide child care to all other

1-9

working families with incomes at or below one hundred eighty percent (180%) of the federal

1-10

poverty level, if and to the extent such other families require child care in order to work at paid

1-11

employment as defined in the department's rules and regulations. or for time spent in an education

1-12

or training program provided, that the adult member of the family is employed for at least twenty

1-13

(20) hours per week and child care is required for the adult to attend the program.

1-14

      (c) No family/assistance unit shall be eligible for child care assistance under this chapter

1-15

if the combined value of its liquid resources exceeds ten thousand dollars ($10,000). Liquid

1-16

resources are defined as any interest(s) in property in the form of cash or other financial

1-17

instruments or accounts which are readily convertible to cash or cash equivalents. These include,

1-18

but are not limited to, cash, bank, credit union, or other financial institution savings, checking and

1-19

money market accounts, certificates of deposit or other time deposits, stocks, bonds, mutual

1-20

funds, and other similar financial instruments or accounts. These do not include educational

2-1

savings accounts, plans, or programs; retirement accounts, plans, or programs; or accounts held

2-2

jointly with another adult, not including a spouse. The department is authorized to promulgate

2-3

rules and regulations to determine the ownership and source of the funds in the joint account.

2-4

      (d) As a condition of eligibility for child care assistance under this chapter, the parent or

2-5

caretaker relative of the family must consent to and must cooperate with the department in

2-6

establishing paternity, and in establishing and/or enforcing child support and medical support

2-7

orders for all children in the family in accordance with title 15 of the general laws, as amended,

2-8

unless the parent or caretaker relative is found to have good cause for refusing to comply with the

2-9

requirements of this subsection.

2-10

      (e) For purposes of this section "appropriate child care" means child care, including

2-11

infant oddler toddler, pre-school, nursery school, school-age, which is provided by a person or

2-12

organization qualified, approved, and authorized to provide such care by the department of

2-13

children, youth, and families, or by the department of elementary and secondary education, or

2-14

such other lawful providers as determined by the department of human services, in cooperation

2-15

with the department of children, youth and families and the department of elementary and

2-16

secondary education.

2-17

      (f) Families with incomes below one hundred percent (100%) of the applicable federal

2-18

poverty level guidelines shall be provided with free childcare. Families with incomes greater than

2-19

one hundred percent (100%) and less than one hundred eighty (180%) of the applicable federal

2-20

poverty guideline shall be required to pay for some portion of the childcare they receive,

2-21

according to a sliding fee scale adopted by the department in the department's rules.

2-22

      (g) In determining the type of childcare to be provided to a family, the department shall

2-23

take into account the cost of available childcare options, the suitability of the type of care

2-24

available for the child, and the parent's preference as to the type of child care.

2-25

      (h) For purposes of this section "income" for families receiving cash assistance under

2-26

section 40-5.2-11 means gross earned income and unearned income, subject to the income

2-27

exclusions in subdivisions 40-5.2-10(g)(2) and 40-5.2-10(g)(3) and income for other families

2-28

shall mean gross earned and unearned income as determined by departmental regulations.

2-29

      (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast

2-30

the expenditures for childcare in accordance with the provisions of section 35-17-1.

2-31

      (j) In determining eligibility for child care assistance for children of members of reserve

2-32

components called to active duty during a time of conflict, the department shall freeze the family

2-33

composition and the family income of the reserve component member as it was in the month prior

2-34

to the month of leaving for active duty. This shall continue until the individual is officially

3-1

discharged from active duty.

3-2

     SECTION 2. This act shall take effect upon passage.

=======

LC00993

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HUMAN SERVICES - THE RHODE ISLAND WORKS PROGRAM

***

4-1

     This act would allow a family to qualify for low-income child care assistance for the time

4-2

an adult member of the family is participating in education or training, provided that the adult is

4-3

working at least 20 hours per week, and such child care is necessary.

4-4

     This act would take effect upon passage.

=======

LC00993

=======