S2764

	2012 -- S 2764
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	LC02148
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	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: Senators Pichardo, Metts, Jabour, Crowley, and Goodwin

	Date Introduced: March 08, 2012

	Referred To: Senate Health & Human Services




	It is enacted by the General Assembly as follows:

1-1	SECTION 1. Sections 40-5.2-2, 40-5.2-8, 40-5.2-10 and 40-5.2-12 of the General Laws
1-2	in Chapter 40-5.2 entitled "The Rhode Island Works Program" are hereby amended to read as
1-3	follows:
1-4	40-5.2-2. The Rhode Island Works Program. -- Statement of Purpose.
1-5	(a) The purpose of the Rhode Island Works Program is to help parents who are eligible
1-6	for cash assistance to support their children by preparing for, accepting and retaining
1-7	employment. It is the intent of the Rhode Island general assembly that the Rhode Island Works
1-8	Program shall provide employment and support services along with temporary cash assistance so
1-9	that parents can participate in the workforce rather than depend on public assistance to support
1-10	themselves and their children.
1-11	(b) Under this law, parents are mandated to enter into an employment plan, as a
1-12	condition of ~~eligibility~~ participation for cash assistance, and unless they are found to be
1-13	temporarily exempt from the work requirements, they must participate in intensive employment
1-14	services ~~at the department of labor and training~~ as defined in subsections 40-5.2-12(g) and (i) as
1-15	the first step in their employment plan. Because it is believed that employment is the most
1-16	effective anti-poverty measure, all activities and services provided through the Rhode Island
1-17	Works Program are designed to promote economic independence through employment and the
1-18	development of employment skills and to strengthen families through parental responsibility and
1-19	short-term assistance.
2-20	40-5.2-8. Definitions. -- (a) As used in this chapter, the following terms having the
2-21	meanings set forth herein, unless the context in which such terms are used clearly indicates to the
2-22	contrary:
2-23	(1) "Applicant" means a person who has filed a written application for assistance for
2-24	herself/himself and her/his dependent child(ren). An applicant may be a parent or non parent
2-25	caretaker relative.
2-26	(2) "Assistance" means cash and any other benefits provided pursuant to this chapter.
2-27	(3) "Assistance Unit" means the assistance filing unit consisting of the group of persons,
2-28	including the dependent child(ren),living together in a single household who must be included in
2-29	the application for assistance and in the assistance payment if eligibility is established. An
2-30	assistance unit may be the same as a family.
2-31	(4) "Benefits" shall mean assistance received pursuant to this chapter.
2-32	(5) "Community Service Programs" means structured programs and activities in which
2-33	cash assistance recipients perform work for the direct benefit of the community under the
2-34	auspices of public or nonprofit organizations. Community service programs are designed to
2-35	improve the employability of recipients not otherwise able to obtain paid employment.
2-36	(6) "Department" means the department of human services.
2-37	(7) "Dependent Child" means an individual, other than an individual with respect to
2-38	whom foster care maintenance payments are made, who is: (A) under the age of eighteen (18); or
2-39	(B) under the age of nineteen (19) and a full-time student in a secondary school (or in the
2-40	equivalent level of vocational or educational training), if before he or she attains age nineteen
2-41	(19), he or she may reasonably be expected to complete the program of such secondary school (or
2-42	such training).
2-43	(8) "Director" means the director of the department of human services.
2-44	(9) "Earned income" means income in cash or the equivalent received by a person
2-45	through the receipt of wages, salary, commissions, or profit from activities in which the person is
2-46	self-employed or as an employee and before any deductions for taxes.
2-47	(10) "Earned income tax credit" means the credit against federal personal income tax
2-48	liability under section 32 of the Internal Revenue Code of 1986, 26 U.S.C. section 32, or any
2-49	successor section, the advanced payment of the earned income tax credit to an employee under
2-50	section 3507 of the code, 26 U.S.C. section 3507, or any successor section and any refund
2-51	received as a result of the earned income tax credit, as well as any refundable state earned income
2-52	tax credit.
2-53	(11) "Education directly related to employment" means education, in the case of a
2-54	participant who has not received a high school diploma or a certificate of high school
3-1	equivalency, related to a specific occupation, job, or job offer.
3-2	(12) "Family" means: (A) a pregnant woman from and including the seventh month of
3-3	her pregnancy; or (B) a child and the following eligible persons living in the same household as
3-4	the child: (C) each biological, adoptive or stepparent of the child, or in the absence of a parent,
3-5	any adult relative who is responsible, in fact, for the care of such child; and (D) the child's minor
3-6	siblings (whether of the whole or half blood); provided, however, that the term "family" shall not
3-7	include any person receiving benefits under title XVI of the Social Security Act, 42 U.S.C.
3-8	section 1381 et seq. A family may be the same as the assistance unit.
3-9	(13) "Gross earnings" means earnings from employment and self-employment further
3-10	described in the department of human services rules and regulations.
3-11	(14) "Individual Employment Plan" means a written, individualized plan for employment
3-12	developed jointly by the ~~applicant~~ participant and the department of human services that specifies
3-13	the steps the participant shall take toward long-term economic independence developed in
3-14	accordance with subsection 40-5.2-10(e). A participant must comply with the terms of the
3-15	individual employment plan as a condition of eligibility in accordance with subsection 40-5.2-
3-16	10(e) of this chapter.
3-17	(15) "Job Search and Job Readiness" means the mandatory act of seeking or obtaining
3-18	employment by the participant, or the preparation to seek or obtain employment.
3-19	In accord with federal requirements, job search activities must be supervised by the
3-20	department of labor and training and must be reported to the department of human services in
3-21	accordance with TANF work verification requirements.
3-22	Except in the context of rehabilitation employment plans, and special services provided
3-23	by the department of children, youth and families, job search and job readiness activities are
3-24	limited to four (4) consecutive weeks, or for a total of six (6) weeks in a twelve (12) month
3-25	period, with limited exceptions as defined by the department. The department of human services
3-26	in consultation with the department of labor and training shall extend job search, and job
3-27	readiness assistance for up to twelve (12) weeks in a fiscal year if a state has an unemployment
3-28	rate at least fifty percent (50%) greater than the United States unemployment rate if the state
3-29	meets the definition of a "needy state" under the contingency fund provisions of federal law.
3-30	Preparation to seek employment, or job readiness, may include, but may not be limited
3-31	to, the participant obtaining life skills training, homelessness services, domestic violence services,
3-32	special services for families provided by the department of children youth and families, substance
3-33	abuse treatment, mental health treatment, or rehabilitation activities as appropriate for those who
3-34	are otherwise employable. Such services, treatment or therapy must be determined to be
4-1	necessary and certified by a qualified medical or mental health professional. Intensive work
4-2	readiness services may include work-based literacy, numeracy, hands-on training, work
4-3	experience and case management services. Nothing in this section shall be interpreted to mean
4-4	that the department of labor and training shall be the sole provider of job readiness activities
4-5	described herein.
4-6	(16) "Job skills training directly related to employment" means training or education for
4-7	job skills required by an employer to provide an individual with the ability to obtain employment
4-8	or to advance or adapt to the changing demands of the workplace. Job skills training directly
4-9	related to employment must be supervised on an ongoing basis.
4-10	(17) "Net income" means the total gross income of the assistance unit less allowable
4-11	disregards and deductions as described in subsection 40-5.2-10(g).
4-12	(18) "Minor parent" means a parent under the age of eighteen (18). A minor parent may
4-13	be an applicant or recipient with his or her dependent child(ren) in his/her own case or a member
4-14	of an assistance unit with his or her dependent child(ren) in a case established by the minor
4-15	parent's parent.
4-16	(19) "On-the-job-training" means training in the public or private sector that is given to a
4-17	paid employee while he or she is engaged in productive work and that provides knowledge and
4-18	skills essential to the full and adequate performance of the job. On-the-job training must be
4-19	supervised by an employer, work site sponsor, or other designee of the department of human
4-20	services on an ongoing basis.
4-21	(20) "Participant" means a person who has been found eligible for assistance in
4-22	accordance with this chapter and who must comply with all requirements of this chapter, and has
4-23	entered into an individual employment plan. A participant may be a parent or non-parent
4-24	caretaker relative included in the cash assistance payment.
4-25	(21) "Recipient" means a person who has been found eligible and receives cash
4-26	assistance in accordance with this chapter.
4-27	(22) "Relative" means a parent, stepparent, grandparent, great grandparent, great-great
4-28	grandparent, aunt, great aunt, great-great aunt, uncle, great-uncle, great-great uncle, sister,
4-29	brother, stepbrother, stepsister, half-brother, half-sister, first cousin, first cousin once removed,
4-30	niece, great niece, great-great niece, nephew, great nephew, or great-great nephew.
4-31	(23) "Resident" means a person who maintains residence by his or her continuous
4-32	physical presence in the state.
4-33	(24) "Self-employment income" means the total profit from a business enterprise,
4-34	farming, etc., resulting from a comparison of the gross receipts with the business expenses, i.e.,
5-1	expenses directly related to producing the goods or services and without which the goods or
5-2	services could not be produced. However, items such as depreciation, personal business and
5-3	entertainment expenses, and personal transportation are not considered business expenses for the
5-4	purposes of determining eligibility for cash assistance in accordance with this chapter.
5-5	(25) "State" means the State of Rhode Island and Providence Plantations.
5-6	(26) "Subsidized employment" means employment in the private or public sectors for
5-7	which the employer receives a subsidy from TANF or other public funds to offset some or all of
5-8	the wages and costs of employing a recipient. It includes work in which all or a portion of the
5-9	wages paid to the recipient are provided to the employer either as a reimbursement for the extra
5-10	costs of training or as an incentive to hire the recipient, including, but not limited to, grant
5-11	diversion.
5-12	(27) "Subsidized housing" means housing for a family whose rent is restricted to a
5-13	percentage of its income.
5-14	(28) "Unsubsidized employment" means full or part-time employment in the public or
5-15	private sector that is not subsidized by TANF or any other public program.
5-16	(29) "Vocational Educational Training" means organized educational programs, not to
5-17	exceed twelve (12) months with respect to any participant, that are directly related to the
5-18	preparation of participants for employment in current or emerging occupations. Vocational
5-19	educational training must be supervised.
5-20	(30) "Work experience" means a work activity that provides a participant with an
5-21	opportunity to acquire the general skills, training, knowledge, and work habits necessary to obtain
5-22	employment. The purpose of work experience is to improve the employability of those who
5-23	cannot find unsubsidized employment. An employer, work site sponsor, and/or other appropriate
5-24	designee of the department must supervise this activity.
5-25	(31) "Work Supplementation" also known as "Grant Diversion" means the use of all or a
5-26	portion of a participant's cash assistance grant and food stamp grant as a wage supplement to an
5-27	employer. Such a supplement shall be limited to a maximum period of twelve (12) months. An
5-28	employer must agree to continue the employment of the participant as part of the regular work
5-29	force, beyond the supplement period, if the participant demonstrates satisfactory performance.
5-30	(32) "Work Activities" mean the specific work requirements which must be defined in
5-31	the individual employment plan and must be complied with by the participant as a condition of
5-32	eligibility for the receipt of cash assistance for single and two (2) family households outlined in
5-33	section 40-5.2-12 of this chapter.
6-34	40-5.2-10. Necessary requirements and conditions. -- The following requirements and
6-35	conditions shall be necessary to establish eligibility for the program.
6-36	(a) Citizenship, alienage and residency requirements.
6-37	(1) A person shall be a resident of the State of Rhode Island.
6-38	(2) Effective October 1, 2008 a person shall be a United States citizen, or shall meet the
6-39	alienage requirements established in section 402(b) of the Personal Responsibility and Work
6-40	Opportunity Reconciliation Act of 1996, PRWORA, Public Laws No. 104-193 and as that section
6-41	may hereafter be amended; a person who is not a United States citizen and does not meet the
6-42	alienage requirements established in PRWORA, as amended, is not eligible for cash assistance in
6-43	accordance with this chapter.
6-44	(b) The family/assistance unit must meet any other requirements established by the
6-45	department of human services by rules and regulations adopted pursuant to the Administrative
6-46	Procedures Act, as necessary to promote the purpose and goals of this chapter.
6-47	(c) Receipt of cash assistance is conditional upon compliance with all program
6-48	requirements.
6-49	(d) All individuals domiciled in this state shall be exempt from the application of
6-50	subdivision 115(d)(1)(A) of Public Law 104-193, the Personal Responsibility and Work
6-51	Opportunity Reconciliation Act of 1996, PRWORA, which makes any individual ineligible for
6-52	certain state and federal assistance if that individual has been convicted under federal or state law
6-53	of any offense which is classified as a felony by the law of the jurisdiction and which has as an
6-54	element the possession, use, or distribution of a controlled substance as defined in section 102(6)
6-55	of the Controlled Substances Act (21 U.S.C. 802(6)).
6-56	(e) Individual employment plan as ~~a condition of eligibility~~.
6-57	(1) Following receipt of an application, the department of human services shall assess
6-58	the financial conditions of the family, including the non-parent caretaker relative who is applying
6-59	for cash assistance for himself or herself as well as for the minor child(ren),in the context of an
6-60	eligibility determination. If a parent or non parent caretaker relative is unemployed or under-
6-61	employed, the department shall conduct an initial assessment, taking into account: (A) the
6-62	physical capacity, skills, education, work experience, health, safety, family responsibilities and
6-63	place of residence of the individual; and (B) the child care and supportive services required by the
6-64	applicant to avail himself or herself of employment opportunities and/or work readiness
6-65	programs.
6-66	(2) On the basis of such assessment, the department of human services and the
6-67	department of labor and training, as appropriate, in consultation with the ~~applicant~~ participant,
6-68	shall develop an individual employment plan for the family which requires the individual to
7-1	participate in the intensive employment services. Intensive employment services shall be defined
7-2	as the work requirement activities in subsections 40-5.2-12(g) and (i).
7-3	(3) The director, or his/her designee, may assign a case manager to a an
7-4	~~applicant/~~participant, as appropriate.
7-5	(4) The department of labor and training and the department of human services in
7-6	conjunction with the participant shall develop a revised individual employment plan which shall
7-7	identify employment objectives, taking into consideration factors above, and shall include a
7-8	strategy for immediate employment and for preparing for, finding, and retaining employment
7-9	consistent, to the extent practicable, with the individual's career objectives.
7-10	(5) The individual employment plan must include the provision for the participant to
7-11	engage in work requirements as outlined in section 40-5.2-12 of this chapter.
7-12	(6) (A) The participant shall attend and participate immediately in intensive assessment
7-13	and employment services as the first step in the individual employment plan, unless temporarily
7-14	exempt from this requirement in accordance with this chapter. Intensive assessment and
7-15	employment services shall be defined as the work requirement activities in subsections 40-5.2-
7-16	12(g) and (i).
7-17	(B) Parents under age twenty (20) without a high school diploma or General Equivalency
7-18	Diploma (GED) shall be referred to special teen parent programs which will provide intensive
7-19	services designed to assist teen parent to complete high school education or GED, and to continue
7-20	approved work plan activities in accord with Works program requirements.
7-21	~~(7) The applicant shall become a participant in accordance with this chapter at the time~~
7-22	~~the individual employment plan is signed and entered into.~~
7-23	~~(8)~~ (7) ~~Applicants and participants~~ Participants of the Rhode Island Work Program shall
7-24	agree to comply with the terms of the individual employment plan, and shall cooperate fully with
7-25	the steps established in the individual employment plan, including the work requirements.
7-26	~~(9)~~ (8) The department of human services has the authority under the chapter to require
7-27	attendance by the ~~applicant/~~participant, either at the department of human services or at the
7-28	department of labor and training, at appointments deemed necessary for the purpose of having the
7-29	applicant enter into and become eligible for assistance through the Rhode Island Work Program.
7-30	Said appointments include, but are not limited to, the initial interview, orientation and
7-31	assessment; job readiness and job search. Attendance is required as a condition of eligibility for
7-32	cash assistance in accordance with rules and regulations established by the department.
7-33	~~(10)~~ (9) As a condition of eligibility for assistance pursuant to this chapter, the
7-34	~~applicant/~~participant shall be obligated to keep appointments, attend orientation meetings at the
8-1	department of human services and/or the Rhode Island department of labor and training,
8-2	participate in any initial assessments or appraisals and comply with all the terms of the individual
8-3	employment plan in accordance with department of human service rules and regulations.
8-4	~~(11)~~ (10) A participant, including a parent or non-parent caretaker relative included in
8-5	the cash assistance payment, shall not voluntarily quit a job or refuse a job unless there is good
8-6	cause as defined in this chapter or the department's rules and regulations.
8-7	~~(12)~~ (11) A participant who voluntarily quits or refuses a job without good cause, as
8-8	defined in subsection 40-5.2-12(l), while receiving cash assistance in accordance with this
8-9	chapter, shall be sanctioned in accordance with rules and regulations promulgated by the
8-10	department.
8-11	(f) Resources.
8-12	(1) The Family or assistance unit's countable resources shall be less than the allowable
8-13	resource limit established by the department in accordance with this chapter.
8-14	(2) No family or assistance unit shall be eligible for assistance payments if the combined
8-15	value of its available resources (reduced by any obligations or debts with respect to such
8-16	resources) exceeds one thousand dollars ($1,000).
8-17	(3) For purposes of this subsection, the following shall not be counted as resources of the
8-18	family/assistance unit in the determination of eligibility for the works program:
8-19	(A) The home owned and occupied by a child, parent, relative or other individual;
8-20	(B) Real property owned by a husband and wife as tenants by the entirety, if the property
8-21	is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in
8-22	the property;
8-23	(C) Real property which the family is making a good faith effort to dispose of, however,
8-24	any cash assistance payable to the family for any such period shall be conditioned upon such
8-25	disposal of the real property within six (6) months of the date of application and any payments of
8-26	assistance for that period shall (at the time of disposal) be considered overpayments to the extent
8-27	that they would not have occurred at the beginning of the period for which the payments were
8-28	made. All overpayments are debts subject to recovery in accordance with the provisions of the
8-29	chapter;
8-30	(D) Income producing property other than real estate including, but not limited to,
8-31	equipment such as farm tools, carpenter's tools and vehicles used in the production of goods or
8-32	Services which the department determines are necessary for the family to earn a living;
8-33	(E) One vehicle for each adult household member, but not to exceed two (2) vehicles per
8-34	household, and in addition, a vehicle used primarily for income producing purposes such as, but
9-1	not limited to, a taxi, truck or fishing boat; a vehicle used as a family's home; a vehicle which
9-2	annually produces income consistent with its fair market value, even if only used on a seasonal
9-3	basis; a vehicle necessary to transport a family member with a disability where the vehicle is
9-4	specially equipped to meet the specific needs of the person with a disability or if the vehicle is a
9-5	special type of vehicle that makes it possible to transport the person with a disability;
9-6	(F) Household furnishings and appliances, clothing, personal effects and keepsakes of
9-7	limited value;
9-8	(G) Burial plots (one for each child, relative, and other individual in the assistance unit),
9-9	and funeral arrangements;
9-10	(H) For the month of receipt and the following month, any refund of federal income
9-11	taxes made to the family by reason of section 32 of the Internal Revenue Code of 1986, 26 U.S.C.
9-12	section 32 (relating to earned income tax credit), and any payment made to the family by an
9-13	employer under section 3507 of the Internal Revenue Code of 1986, 26 U.S.C. section 3507
9-14	(relating to advance payment of such earned income credit);
9-15	(I) The resources of any family member receiving supplementary security income
9-16	assistance under the Social Security Act, 42 U.S.C. section 301 et seq.
9-17	(g) Income.
9-18	(1) Except as otherwise provided for herein, in determining eligibility for and the amount
9-19	of cash assistance to which a family is entitled under this chapter, the income of a family includes
9-20	all of the money, goods, and services received or actually available to any member of the family.
9-21	(2) In determining the eligibility for and the amount of cash assistance to which a
9-22	family/assistance unit is entitled under this chapter, income in any month shall not include the
9-23	first one hundred seventy dollars ($170) of gross earnings plus fifty percent (50%) of the gross
9-24	earnings of the family in excess of one hundred seventy dollars ($170) earned during the month.
9-25	(3) The income of a family shall not include:
9-26	(A) The first fifty dollars ($50.00) in child support received in any month from each non-
9-27	custodial parent of a child plus any arrearages in child support (to the extent of the first fifty
9-28	dollars ($50.00) per month multiplied by the number of months in which the support has been in
9-29	arrears) which are paid in any month by a non-custodial parent of a child;
9-30	(B) Earned income of any child;
9-31	(C) Income received by a family member who is receiving supplemental security income
9-32	(SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. section 1381 et seq.;
9-33	(D) The value of assistance provided by state or federal government or private agencies
9-34	to meet nutritional needs, including: value of USDA donated foods; value of supplemental food
10-1	assistance received under the Child Nutrition Act of 1966, as amended and the special food
10-2	service program for children under Title VII, nutrition program for the elderly, of the Older
10-3	Americans Act of 1965 as amended, and the value of food stamps;
10-4	(E) Value of certain assistance provided to undergraduate students, including any grant
10-5	or loan for an undergraduate student for educational purposes made or insured under any loan
10-6	program administered by the U.S. Commissioner of Education (or the Rhode Island board of
10-7	governors for higher education or the Rhode Island higher educational assistance authority);
10-8	(F) Foster Care Payments;
10-9	(G) Home energy assistance funded by state or federal government or by a nonprofit
10-10	organization;
10-11	(H) Payments for supportive services or reimbursement of out-of-pocket expenses made
10-12	to foster grandparents, senior health aides or senior companions and to persons serving in SCORE
10-13	and ACE and any other program under Title II and Title III of the Domestic Volunteer Service
10-14	Act of 1973, 42 U.S.C. section 5000 et seq.;
10-15	(I) Payments to volunteers under AmeriCorps VISTA as defined in the department's
10-16	rules and regulations;
10-17	(J) Certain payments to native Americans; payments distributed per capita to, or held in
10-18	trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. section 1261 et seq., P.L. 93-
10-19	134, 25 U.S.C. section 1401 et seq., or P.L. 94-540; receipts distributed to members of certain
10-20	Indian tribes which are referred to in section 5 of P.L. 94-114, 25 U.S.C. section 459d, that
10-21	became effective October 17, 1975;
10-22	(K) Refund from the federal and state earned income tax credit;
10-23	(L) The value of any state, local, or federal government rent or housing subsidy,
10-24	provided that this exclusion shall not limit the reduction in benefits provided for in the payment
10-25	standard section of this chapter.
10-26	(4) The receipt of a lump sum of income shall affect participants for cash assistance in
10-27	accordance with rules and regulations promulgated by the department.
10-28	(h) Time limit on the receipt of cash assistance.
10-29	(1) Except as provided in section 3 below with respect to minor children No no cash
10-30	assistance shall be provided, pursuant to this chapter, to a family or assistance unit which includes
10-31	an adult member who has received cash assistance, either for him/herself or on behalf of his/her
10-32	children, for a total of ~~twenty-four (24)~~ forty-eight (48) months, (whether or not consecutive)
10-33	~~within any sixty (60) continuous months after July 1, 2008~~ to include any time receiving any type
10-34	of cash assistance in any other state or territory of the United States of America as defined herein.
11-1	~~Provided further, in no circumstances other than provided for in section (3) below with respect to~~
11-2	~~certain minor children, shall cash assistance be provided pursuant to this chapter to a family or~~
11-3	~~assistance unit which includes an adult member who has received cash assistance for a total of a~~
11-4	~~lifetime limit of forty-eight (48) months.~~
11-5	(2) Cash benefits received by a minor dependent child shall not be counted toward their
11-6	lifetime time limit for receiving benefits under this chapter should that minor child apply for cash
11-7	benefits as an adult.
11-8	(3) Certain minor children not subject to time limit. This section regarding the lifetime
11-9	time limit for the receipt of cash assistance, shall not apply only in the instances of a minor
11-10	child(ren) living with a parent who receives SSI benefits and a minor child(ren) living with a
11-11	responsible adult non-parent caretaker relative who is not in the case assistance payment.
11-12	(4) Receipt of family cash assistance in any other state or territory of the United States of
11-13	America shall be determined by the department of human services and shall include family cash
11-14	assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds
11-15	[Title IV-A of the Federal Social Security Act 42 U.S.C. section 601 et seq.]and/or family cash
11-16	assistance provided under a program similar to the Rhode Island Families Work and Opportunity
11-17	Program or the federal TANF program.
11-18	(5) (A) The department of human service shall mail a notice to each assistance unit when
11-19	the assistance unit has six (6) months of cash assistance remaining and each month thereafter
11-20	until the time limit has expired. The notice must be developed by the department of human
11-21	services and must contain information about the lifetime time limit. the number of months the
11-22	participant has remaining, the hardship extension policy, the availability of a post-employment-
11-23	and-closure bonus, and any other information pertinent to a family or an assistance unit nearing
11-24	~~either~~ the ~~twenty-four (24) month or~~ forty-eight (48) month lifetime time limit.
11-25	(B) For applicants who have less than six (6) months remaining in ~~either~~ the ~~twenty-four~~
11-26	~~(24) month or~~ forty-eight (48) month lifetime time limit because the family or assistance unit
11-27	previously received cash assistance in Rhode Island or in another state, the department shall
11-28	notify the applicant of the number of months remaining when the application is approved and
11-29	begin the process required in paragraph (A) above.
11-30	(6) If a cash assistance recipient family closed pursuant to Rhode Island's Temporary
11-31	Assistance for Needy Families Program, (federal TANF described in Title IV A of the Federal
11-32	Social Security Act, 42 U.S.C. 601 et seq.) formerly entitled the Rhode Island Family
11-33	Independence Program, more specifically under subdivision 40-5.1-9(2)(c), due to sanction
11-34	because of failure to comply with the cash assistance program requirements; and that recipients
12-1	family received forty-eight (48) months of cash benefits in accordance with the Family
12-2	Independence Program, than that recipient family is not able to receive further cash assistance for
12-3	his/her family, under this chapter, except under hardship exceptions.
12-4	(7) The months of state or federally funded cash assistance received by a recipient family
12-5	since May 1, 1997 under Rhode Island's Temporary Assistance for Needy Families Program,
12-6	(federal TANF described in Title IV A of the Federal Social Security Act, 42 U.S.C. section 601
12-7	et seq.) formerly entitled the Rhode Island Family Independence Program, shall be countable
12-8	toward the time limited cash assistance described in this chapter.
12-9	(i) Time limit on the receipt of cash assistance.
12-10	(1) (A) No cash assistance shall be provided, pursuant to this chapter, to a family
12-11	assistance unit in which an adult member has received cash assistance for a total of sixty (60)
12-12	months (whether or not consecutive) to include any time receiving any type of cash assistance in
12-13	any other state or territory of the United States as defined herein effective August 1, 2008.
12-14	~~Provided further, that no cash assistance shall be provided to a family in which an adult member~~
12-15	~~has received assistance for twenty-four (24) consecutive months unless the adult member has a~~
12-16	~~rehabilitation employment plan as provided in subsection 40-5.2-12(g)(5).~~
12-17	(B) Effective August 1, 2008 no cash assistance shall be provided pursuant to this
12-18	chapter to a family in which a child has received cash assistance for a total of sixty (60) months
12-19	(whether or not consecutive) if the parent is ineligible for assistance under this chapter pursuant
12-20	to subdivision 40-5.2(a) (2) to include any time received any type of cash assistance in any other
12-21	state or territory of the United States as defined herein.
12-22	(j) Hardship Exceptions.
12-23	(1) The department may extend an assistance unit's or family's cash assistance beyond
12-24	the time limit, by reason of hardship; provided, however, that the number of such families to be
12-25	exempted by the department with respect to their time limit under this subsection shall not exceed
12-26	twenty percent (20%) of the average monthly number of families to which assistance is provided
12-27	for under this chapter in a fiscal year; provided, however, that to the extent now or hereafter
12-28	permitted by federal law, any waiver granted under section 40-5.2-35, for domestic violence,
12-29	shall not be counted in determining the twenty percent (20%) maximum under this section.
12-30	(2) Parents who receive extensions to the time limit due to hardship must have and
12-31	comply with employment plans designed to remove or ameliorate the conditions that warranted
12-32	the extension.
12-33	(k) Parents under eighteen (18) years of age.
13-34	(1) A family consisting of a parent who is under the age of eighteen (18), and who has
13-35	never been married, and who has a child; or a family which consists of a woman under the age of
13-36	eighteen (18) who is at least six (6) months pregnant, shall be eligible for cash assistance only if
13-37	such family resides in the home of an adult parent, legal guardian or other adult relative. Such
13-38	assistance shall be provided to the adult parent, legal guardian, or other adult relative on behalf of
13-39	the individual and child unless otherwise authorized by the department.
13-40	(2) This subsection shall not apply if the minor parent or pregnant minor has no parent,
13-41	legal guardian or other adult relative who is living and/or whose whereabouts are unknown; or the
13-42	department determines that the physical or emotional health or safety of the minor parent, or his
13-43	or her child, or the pregnant minor, would be jeopardized if he or she was required to live in the
13-44	same residence as his or her parent, legal guardian or other adult relative (refusal of a parent,
13-45	legal guardian or other adult relative to allow the minor parent or his or her child, or a pregnant
13-46	minor, to live in his or her home shall constitute a presumption that the health or safety would be
13-47	so jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent
13-48	or legal guardian for a period of at least one year before either the birth of any child to a minor
13-49	parent or the onset of the pregnant minor's pregnancy; or there is good cause, under departmental
13-50	regulations, for waiving the subsection; and the individual resides in supervised supportive living
13-51	arrangement to the extent available.
13-52	(3) For purposes of this section "supervised supportive living arrangement" means an
13-53	arrangement which requires minor parents to enroll and make satisfactory progress in a program
13-54	leading to a high school diploma or a general education development certificate, and requires
13-55	minor parents to participate in the adolescent parenting program designated by the department, to
13-56	the extent the program is available; and provides rules and regulations which ensure regular adult
13-57	supervision.
13-58	(l) Assignment and Cooperation. - As a condition of eligibility for cash and medical
13-59	assistance under this chapter, each adult member, parent or caretaker relative of the
13-60	family/assistance unit must:
13-61	(1) Assign to the state any rights to support for children within the family from any
13-62	person which the family member has at the time the assignment is executed or may have while
13-63	receiving assistance under this chapter;
13-64	(2) Consent to and cooperate with the state in establishing the paternity and in
13-65	establishing and/or enforcing child support and medical support orders for all children in the
13-66	family or assistance unit in accordance with Title 15 of the general laws, as amended, unless the
13-67	parent or caretaker relative is found to have good cause for refusing to comply with the
13-68	requirements of this subsection.
14-1	(3) Absent good cause, as defined by the department of human services through the rule
14-2	making process, for refusing to comply with the requirements of (1) and (2) above, cash
14-3	assistance to the family shall be reduced by twenty-five percent (25%) until the adult member of
14-4	the family who has refused to comply with the requirements of this subsection consents to and
14-5	cooperates with the state in accordance with the requirements of this subsection.
14-6	(4) As a condition of eligibility for cash and medical assistance under this chapter, each
14-7	adult member, parent or caretaker relative of the family/assistance unit must consent to and
14-8	cooperate with the state in identifying and providing information to assist the state in pursuing
14-9	any third-party who may be liable to pay for care and services under Title XIX of the Social
14-10	Security Act, 42 U.S.C. section 1396 et seq.
14-11	40-5.2-12. Work requirements for receipt of cash assistance. -- (a) The department of
14-12	human services and the department of labor and training shall assess the applicant/parent or non-
14-13	parent caretaker relative's work experience, educational and vocational abilities, and the
14-14	department together with the parent shall develop and enter into a mandatory individual
14-15	employment plan in accordance with subsection 40-5.2-10(e) of this chapter.
14-16	(b) In the case of a family including two (2) parents, at least one of the parents shall be
14-17	required to participate in an employment plan leading to full-time employment. The department
14-18	may also require the second parent in a two (2) parent household to develop an employment plan
14-19	if and when the youngest child reaches six (6) years of age or older.
14-20	(c) The written individual employment plan shall specify, at minimum, the immediate
14-21	steps necessary to support a goal of long-term economic independence.
14-22	(d) All applicants and participants in the Rhode Island Works employment program must
14-23	attend and participate in required appointments, employment plan development, and employment-
14-24	related activities, unless temporarily exempt for reasons specified in this chapter.
14-25	(e) A recipient/participant temporarily exempted from the work requirements may
14-26	participate in an individual employment plan on a voluntary basis, however, remains subject to
14-27	the same program compliance requirements as a participant without a temporary exemption.
14-28	(f) The individual employment plan shall specify the participant's work activity(ies) and
14-29	the supportive services which will be provided by the department to enable the participant to
14-30	engage in the work activity(ies).
14-31	(g) Work Requirements for single parent families. - In single parent households, the
14-32	participant parent or non-parent caretaker relative in the cash assistance payment, shall participate
14-33	as a condition of eligibility, for a minimum of twenty (20) hours per week if the youngest child in
14-34	the home is under the age of six (6), and for a minimum of thirty (30) hours per week if the
15-1	youngest child in the home is six (6) years of age or older, in one or more of their required work
15-2	activities, as appropriate, in order to help the parent obtain stable full-time paid employment, as
15-3	determined by the department of human services and the department of labor and training;
15-4	provided, however, that he or she shall begin with intensive employment services as the first step
15-5	in the individual employment plan. Required work activities are as follows:
15-6	(1) At least twenty (20) hours per week must come from participation in one or more of
15-7	the following ten (10) work activities:
15-8	(A) Unsubsidized employment;
15-9	(B) Subsidized private sector employment;
15-10	(C) Subsidized public sector employment;
15-11	(D) Work experience;
15-12	(E) On the Job Training;
15-13	(F) Job search and job readiness;
15-14	(G) Community service programs;
15-15	(H) Vocational educational training not to exceed twelve (12) months;
15-16	(I) Providing child care services to another participant parent who is participating in an
15-17	approved community service program;
15-18	(J) Adult education in an intensive work readiness program not to exceed six (6) months.
15-19	(2) Above twenty (20) hours per week, the parent may participate in one or more of the
15-20	following three (3) activities in order to satisfy a thirty (30) hour requirement:
15-21	(A) Job skills training directly related to employment;
15-22	(B) Education directly related to employment; and,
15-23	(C) Satisfactory attendance at a secondary school or in a course of study leading to a
15-24	certificate of general equivalence if it is a teen parent under the age twenty (20) who is without a
15-25	high school diploma or General Equivalence Diploma (GED);
15-26	(3) In the case of a parent under the age of twenty (20), attendance at a secondary school
15-27	or the equivalent during the month or twenty (20) hours per week on average for the month in
15-28	education directly related to employment will be counted as engaged in work.
15-29	(4) A parent who participates in a work experience or community service program for
15-30	the maximum number of hours per week allowable by the Fair Labor Standards Act (FLSA) is
15-31	deemed to have participated in his/her required minimum hours per week in core activities if
15-32	actual participation falls short of his/her required minimum hours per week.
15-33	(5) A parent who has been determined to have a physical or mental impairment affecting
15-34	employment but who has not been found eligible for Social Security Disability Benefits or
16-1	Supplemental Security Income must participate in his or her rehabilitation employment plan as
16-2	developed with the Office of Rehabilitative Services which leads to employment and/or to receipt
16-3	of disability benefits through the Social Security Administration.
16-4	(6) A required work activity may be any other work activity permissible under federal
16-5	TANF provisions or state defined Rhode Island Works Program activity, including up to ten (10)
16-6	hours of activities required by a parent's department of children, youth and families service plan.
16-7	(h) Exemptions from Work Requirements for the single parent family. - Work
16-8	Requirements outlined in subsection 40-5.2-12(g) above shall not apply to a single parent if (and
16-9	for so long as) the department finds that he or she is:
16-10	(1) Caring for a child below the age of one, provided, however that a parent may opt for
16-11	the deferral from an individual employment plan for a maximum of twelve (12) months during
16-12	the ~~twenty-four (24)~~ forty-eight (48) months of eligibility for cash assistance, and provided
16-13	further that a minor parent without a high school diploma or the equivalent, and who is not
16-14	married, shall not be exempt for more than twelve weeks from the birth of the child;
16-15	(2) Caring for a disabled family member, who resides in the home and requires full time
16-16	care;
16-17	(3) A recipient of Social Security Disability benefits or Supplemental Security Income or
16-18	other disability benefits which have the same standard of disability as defined by the Social
16-19	Security Administration;
16-20	(4) An individual receiving assistance who is a victim of domestic violence as
16-21	determined by the department in accordance with rules and regulations;
16-22	(5) An applicant for assistance in her third trimester or a pregnant woman in her third
16-23	trimester who is a recipient of assistance and has medical documentation that she cannot work;
16-24	(6) An individual otherwise exempt by the department as defined in rules and regulations
16-25	promulgated by the department.
16-26	(i) Work Requirement for two parent families.
16-27	(1) In families consisting of two parents, one parent is required and shall be engaged in
16-28	work activities as defined below, for at least thirty-five (35) hours per week during the month, not
16-29	fewer than thirty (30) hours per week of which are attributable to one or more of the following
16-30	listed work activities, provided, however, that he or she shall begin with intensive employment
16-31	services as the first step in the Individual Employment Plan. Two parent work requirements shall
16-32	be defined as the following:
16-33	(A) Unsubsidized employment;
17-34	(B) Subsidized private sector employment;
17-35	(C) Subsidized public-sector employment;
17-36	(D) Work experience;
17-37	(E) On-the-job training;
17-38	(F) Job search and job readiness;
17-39	(G) Community service program;
17-40	(H) Vocational educational training not to exceed twelve (12) months;
17-41	(I) The provision of child care services to a participant individual who is participating in
17-42	a community service program;
17-43	(J) Adult education in an intensive work readiness program not to exceed six (6) months.
17-44	(2) Above thirty (30) hours per week, the following three (3) activities may also count
17-45	for participation:
17-46	(A) Job skills training directly related to employment;
17-47	(B) Education directly related to employment; and
17-48	(C) Satisfactory attendance at secondary school or in a course of study leading to a
17-49	certificate of general equivalence.
17-50	(3) A family with two parents in which one or both parents participate in a work
17-51	experience or community service program shall be deemed to have participated in core work
17-52	activities for the maximum number of hours per week allowable by the Fair Labor Standards Act
17-53	(FLSA) if actual participation falls short of his/her required minimum hours per week.
17-54	(4) If the family receives child care assistance and an adult in the family is not disabled
17-55	or caring for a severely disabled child, then the work-eligible individuals must be participating in
17-56	work activities for an average of at least fifty-five (55) hours per week to count as a two-parent
17-57	family engaged in work for the month.
17-58	(5) At least fifty (50) of the fifty-five (55) hours per week must come from participation
17-59	in the activities listed in subdivision 40-5.1-12(i)(1).
17-60	Above fifty (50) hours per week, the three (3) activities listed in subdivision 40-5.1-(i)(2)
17-61	may also count as participation.
17-62	(6) A family with two parents receiving child care in which one or both parents
17-63	participate in a work experience or community service program for the maximum number of
17-64	hours per week allowable by the Fair Labor Standards Act (FLSA) will be considered to have met
17-65	their required core hours if actual participation falls short of the required minimum hours per
17-66	week. For families that need additional hours beyond the core activity requirement, these hours
17-67	must be satisfied in some other TANF work activity.
18-68	(j) Exemptions from work requirements for two parent families. - Work requirements
18-69	outlined in subsection 40-5.2-12(i) above shall not apply to two parent families if (and for so long
18-70	as) the department finds that:
18-71	(1) Both parents receive Supplemental Security Income (SSI);
18-72	(2) One parent receives SSI, and the other parent is caring for a disabled family member
18-73	who resides in the home, and who requires full time care; or
18-74	(3) The parents are otherwise exempt by the department as defined in rules and
18-75	regulations.
18-76	(k) Failure to comply with work requirements. Sanctions and Terminations.
18-77	(1) The cash assistance to which an otherwise eligible family/assistance unit is entitled
18-78	under this chapter, shall be reduced for three (3) months, whether or not consecutive, in
18-79	accordance with rules and regulations promulgated by the department, whenever any participant,
18-80	without good cause, as defined by the department in its rules and regulations, has failed to enter
18-81	into an individual employment plan; has failed to attend a required appointment; has refused or
18-82	quit employment; or has failed to comply with any other requirements for the receipt of cash
18-83	assistance under this chapter. If the family's benefit has been reduced, benefits shall be restored to
18-84	the full amount beginning with the initial payment made on the first of the month following the
18-85	month in which the parent: (1) enters into an individual employment plan or rehabilitation plan
18-86	and demonstrates compliance with the terms thereof; or (2) demonstrates compliance with the
18-87	terms of his or her existing individual employment plan or rehabilitation plan, as such plan may
18-88	be amended by agreement of the parent and the department.
18-89	(2) In the case where appropriate child care has been made available in accordance with
18-90	this chapter, a participant's failure, without good cause, to accept a bona fide offer of work,
18-91	including full-time, part-time and/or temporary employment, or unpaid work experience or
18-92	community service, shall be deemed a failure to comply with the work requirements of this
18-93	section and shall result in reduction or termination of cash assistance, as defined by the
18-94	department in rules and regulations duly promulgated.
18-95	(3) If the family/assistance unit's benefit has been reduced for a total of three (3) months,
18-96	whether or not consecutive in accordance with this section due to the failure by one or more
18-97	parents to enter into an individual employment plan or failure to comply with the terms of his of
18-98	her individual employment plan, or the failure to comply with the requirements of this chapter,
18-99	cash assistance to the entire family shall end. The family/assistance unit may reapply for benefits,
18-100	and the benefits shall be restored to the family/assistance unit in the full amount the
18-101	family/assistance unit is otherwise eligible for under this chapter beginning on the first of the
18-102	month following the month in which all parents in the family/assistance unit who are subject to
19-1	the employment or rehabilitation plan requirements under this chapter: (A) enter into an
19-2	individual employment or rehabilitation plan as applicable, and demonstrate compliance with the
19-3	terms thereof, or (B) demonstrate compliance with the terms of the parent's individual
19-4	employment or rehabilitation employment plan in effect at the time of termination of benefits, as
19-5	such plan may be amended by agreement of the parent and the department.
19-6	(4) Up to ten (10) days following a notice of adverse action to reduce or terminate
19-7	benefits under this subsection, the client may request the opportunity to meet with a social worker
19-8	to identify the reasons for non-compliance, establish good cause and seek to resolve any issues
19-9	that have prevented the parent from complying with the employment plan requirements.
19-10	(5) Participants whose cases had closed in sanction status pursuant to Rhode Island's
19-11	prior Temporary Assistance for Needy Families Program,(federal TANF described in Title IVA
19-12	of the federal Social Security Act, 42 U.S.C. section 601 et seq.), the Family Independence
19-13	Program, more specifically, subdivision 40-5.1-9(2)(c), due to failure to comply with the cash
19-14	assistance program requirements, but who had received less than forty-eight (48) months of cash
19-15	assistance at the time of closure, and who reapply for cash assistance under the Rhode Island
19-16	Works Program, must demonstrate full compliance, as defined by the department in its rules and
19-17	regulations, before they shall be eligible for cash assistance pursuant to this chapter.
19-18	(l) Good Cause. - Good Cause for failing to meet any program requirements including
19-19	leaving employment, and failure to fulfill documentation requirements, shall be outlined in rules
19-20	and regulations promulgated by the department of human services.
19-21	SECTION 2. Chapter 40-5.2 of the General Laws entitled "The Rhode Island Works
19-22	Program" is hereby amended by adding thereto the following section:
19-23	40-5.2-40. Annual report. – The Department of Human Services shall provide a report
19-24	about the RI Works Program to the general assembly by January 1, 2013 and each successive
19-25	January 1 thereafter. The report shall provide information for the prior fiscal year, including:
19-26	(1) Information about the families that received assistance, including, but not limited to:
19-27	the number and size of families, number and age of children; number of single and two-parent
19-28	families; the number of “child only” families; the number of pregnant and parenting teen families
19-29	(under 18 and 18-19); the number of families that received services from the department of
19-30	children, youth and families; parents’ education level and literacy level; family living
19-31	arrangement (including subsidized housing, unsubsidized housing and the number of families that
19-32	were homeless and length of time of homelessness).
19-33	(2) The number of cases that were opened; the number of cases that closed and the reason
19-34	for closing; the number of cases that received “hardship” benefits and the length of time cases
20-1	received hardship benefits.
20-2	(3) The number of parents who were working while receiving cash assistance and the
20-3	average earnings; the number of parents engaged in employment plan activities, the type of
20-4	activities in which parents participated. By type of activity, the outcome of parents’ participation
20-5	as appropriate to the activity, including, but not limited to, employment, average number of hours
20-6	and average wages.
20-7	(4) Financial information including the amount of the TANF block grant that was
20-8	expended and for what purposes and the individual and total amounts of maintenance of effort
20-9	expenditures.
20-10	(5) Recommendations for program changes necessary to improve outcomes for parents
20-11	and children.
20-12	(6) Recommendations from the RI works advisory committee for program changes
20-13	necessary to improve outcomes for parents and children.
20-14	SECTION 3. This act shall take effect upon passage.

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	LC02148
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	EXPLANATION
	BY THE LEGISLATIVE COUNCIL
	OF
	A N A C T
	RELATING TO HUMAN SERVICES - THE RHODE ISLAND WORKS PROGRAM
	***

21-1	This act would simplify administration of the RI works program and increase workforce
21-2	participation by eliminating the two-tiered time limit; streamline the process for developing an
21-3	appropriate employment plan, increase workforce participation and increase program
21-4	accountability by requiring the department of human services to produce an annual report.
21-5	This act would take effect upon passage.


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	LC02148
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S2764