2012 -- S 2284

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HUMAN SERVICES - THE RHODE ISLAND WORKS PROGRAM

     Introduced By: Senators Lanzi, Metts, Pichardo, Crowley, and Jabour

     Date Introduced: February 01, 2012

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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

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

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

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assistance.

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

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

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accordance with this chapter.

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

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

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

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employment as defined in the department's rules and regulations. A working family found eligible

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under this subsection shall remain eligible for assistance under this chapter so long as income is at

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or below two hundred twenty-five percent (225%) of the federal poverty level and provided that

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the family requires child care in order to work at paid employment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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requirements of this subsection.

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

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

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

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

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

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

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secondary education.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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discharged from active duty.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HUMAN SERVICES - THE RHODE ISLAND WORKS PROGRAM

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     This act would prevent the interruption in benefits for parents receiving child care

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subsidies whose income fluxuates between one hundred eighty percent (180%) and two hundred

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twenty-five percent (225%) of the federal poverty level.

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     This act would take effect upon passage.

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