2013 -- H 5738 SUBSTITUTE A

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LC01423/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HUMAN SERVICES -- RHODE ISLAND WORKS PROGRAM

     Introduced By: Representatives Cimini, Tanzi, Diaz, Ferri, and Walsh

     Date Introduced: February 28, 2013

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 40-5.2-12 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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     40-5.2-12. Work requirements for receipt of cash assistance. -- (a) The department of

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human services and the department of labor and training shall assess the applicant/parent or non-

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parent caretaker relative's work experience, educational and vocational abilities, and the

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department together with the parent shall develop and enter into a mandatory individual

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employment plan in accordance with subsection 40-5.2-10(e) of this chapter.

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      (b) In the case of a family including two (2) parents, at least one of the parents shall be

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required to participate in an employment plan leading to full-time employment. The department

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may also require the second parent in a two (2) parent household to develop an employment plan

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if and when the youngest child reaches six (6) years of age or older.

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      (c) The written individual employment plan shall specify, at minimum, the immediate

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steps necessary to support a goal of long-term economic independence.

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      (d) All applicants and participants in the Rhode Island Works employment program must

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attend and participate in required appointments, employment plan development, and employment-

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related activities, unless temporarily exempt for reasons specified in this chapter.

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      (e) A recipient/participant temporarily exempted from the work requirements may

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participate in an individual employment plan on a voluntary basis, however, remains subject to

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the same program compliance requirements as a participant without a temporary exemption.

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      (f) The individual employment plan shall specify the participant's work activity(ies) and

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the supportive services which will be provided by the department to enable the participant to

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engage in the work activity(ies).

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      (g) Work Requirements for single parent families. - In single parent households, the

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participant parent or non-parent caretaker relative in the cash assistance payment, shall participate

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as a condition of eligibility, for a minimum of twenty (20) hours per week if the youngest child in

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the home is under the age of six (6), and for a minimum of thirty (30) hours per week if the

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youngest child in the home is six (6) years of age or older, in one or more of their required work

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activities, as appropriate, in order to help the parent obtain stable full-time paid employment, as

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determined by the department of human services and the department of labor and training;

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provided, however, that he or she shall begin with intensive employment services as the first step

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in the individual employment plan. Required work activities are as follows:

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      (1) At least twenty (20) hours per week must come from participation in one or more of

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the following ten (10) work activities:

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      (A) Unsubsidized employment;

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      (B) Subsidized private sector employment;

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      (C) Subsidized public sector employment;

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      (D) Work experience;

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      (E) On the Job Training;

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      (F) Job search and job readiness;

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      (G) Community service programs;

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      (H) Vocational educational training not to exceed twelve (12) months;

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      (I) Providing child care services to another participant parent who is participating in an

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approved community service program;

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      (J) Adult education in an intensive work readiness program not to exceed six (6) months.

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      (2) Above twenty (20) hours per week, the parent may participate in one or more of the

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following three (3) activities in order to satisfy a thirty (30) hour requirement:

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      (A) Job skills training directly related to employment;

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      (B) Education directly related to employment; and,

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      (C) Satisfactory attendance at a secondary school or in a course of study leading to a

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certificate of general equivalence if it is a teen parent under the age twenty (20) who is without a

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high school diploma or General Equivalence Diploma (GED);

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      (3) In the case of a parent under the age of twenty (20), attendance at a secondary school

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or the equivalent during the month or twenty (20) hours per week on average for the month in

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education directly related to employment will be counted as engaged in work.

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      (4) A parent who participates in a work experience or community service program for

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the maximum number of hours per week allowable by the Fair Labor Standards Act (FLSA) is

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deemed to have participated in his/her required minimum hours per week in core activities if

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actual participation falls short of his/her required minimum hours per week.

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      (5) A parent who has been determined to have a physical or mental impairment affecting

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employment but who has not been found eligible for Social Security Disability Benefits or

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Supplemental Security Income must participate in his or her rehabilitation employment plan as

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developed with the Office of Rehabilitative Services which leads to employment and/or to receipt

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of disability benefits through the Social Security Administration.

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      (6) A required work activity may be any other work activity permissible under federal

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TANF provisions or state defined Rhode Island Works Program activity, including up to ten (10)

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hours of activities required by a parent's department of children, youth and families service plan.

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      (h) Exemptions from Work Requirements for the single parent family. - Work

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Requirements outlined in subsection 40-5.2-12(g) above shall not apply to a single parent if (and

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for so long as) the department finds that he or she is:

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      (1) Caring for a child below the age of one, provided, however that a parent may opt for

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the deferral from an individual employment plan for a maximum of twelve (12) months during

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the twenty-four (24) months of eligibility for cash assistance, and provided further that a minor

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parent without a high school diploma or the equivalent, and who is not married, shall not be

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exempt for more than twelve weeks from the birth of the child;

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      (2) Caring for a disabled family member, who resides in the home and requires full time

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care;

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      (3) A recipient of Social Security Disability benefits or Supplemental Security Income or

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other disability benefits which have the same standard of disability as defined by the Social

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Security Administration;

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      (4) An individual receiving assistance who is a victim of domestic violence as

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determined by the department in accordance with rules and regulations;

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      (5) An applicant for assistance in her third trimester or a pregnant woman in her third

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trimester who is a recipient of assistance and has medical documentation that she cannot work;

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      (6) An individual otherwise exempt by the department as defined in rules and regulations

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promulgated by the department.

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      (i) Work Requirement for two parent families.

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      (1) In families consisting of two parents, one parent is required and shall be engaged in

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the combined work activities of the two parents, as defined below, shall be for at least thirty-five

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(35) hours per week during the month, not fewer than thirty (30) hours per week of which are

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attributable to one or more of the following listed work activities, provided, however, that he or

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she shall begin with intensive employment services as the first step in the Individual Employment

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Plan. Two parent work requirements shall be defined as the following:

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      (A) Unsubsidized employment;

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      (B) Subsidized private sector employment;

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      (C) Subsidized public-sector employment;

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      (D) Work experience;

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      (E) On-the-job training;

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      (F) Job search and job readiness;

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      (G) Community service program;

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      (H) Vocational educational training not to exceed twelve (12) months;

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      (I) The provision of child care services to a participant individual who is participating in

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a community service program;

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      (J) Adult education in an intensive work readiness program not to exceed six (6) months.

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      (2) Above thirty (30) hours per week, the following three (3) activities may also count

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for participation:

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      (A) Job skills training directly related to employment;

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      (B) Education directly related to employment; and

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      (C) Satisfactory attendance at secondary school or in a course of study leading to a

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certificate of general equivalence.

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      (3) A family with two parents in which one or both parents participate in a work

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experience or community service program shall be deemed to have participated in core work

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activities for the maximum number of hours per week allowable by the Fair Labor Standards Act

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(FLSA) if actual participation falls short of his/her required minimum hours per week.

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      (4) If the family receives child care assistance and an adult in the family is not disabled

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or caring for a severely disabled child, then the work-eligible individuals must be participating in

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work activities for an average of at least fifty-five (55) hours per week to count as a two-parent

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family engaged in work for the month.

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      (5) At least fifty (50) of the fifty-five (55) hours per week must come from participation

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in the activities listed in subdivision 40-5.1-12(i)(1).

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      Above fifty (50) hours per week, the three (3) activities listed in subdivision 40-5.1-(i)(2)

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may also count as participation.

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      (6) A family with two parents receiving child care in which one or both parents

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participate in a work experience or community service program for the maximum number of

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hours per week allowable by the Fair Labor Standards Act (FLSA) will be considered to have met

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their required core hours if actual participation falls short of the required minimum hours per

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week. For families that need additional hours beyond the core activity requirement, these hours

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must be satisfied in some other TANF work activity.

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      (j) Exemptions from work requirements for two parent families. - Work requirements

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outlined in subsection 40-5.2-12(i) above shall not apply to two parent families if (and for so long

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as) the department finds that:

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      (1) Both parents receive Supplemental Security Income (SSI);

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      (2) One parent receives SSI, and the other parent is caring for a disabled family member

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who resides in the home, and who requires full time care; or

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      (3) The parents are otherwise exempt by the department as defined in rules and

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regulations.

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      (k) Failure to comply with work requirements. Sanctions and Terminations.

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      (1) The cash assistance to which an otherwise eligible family/assistance unit is entitled

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under this chapter, shall be reduced for three (3) months, whether or not consecutive, in

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accordance with rules and regulations promulgated by the department, whenever any participant,

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without good cause, as defined by the department in its rules and regulations, has failed to enter

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into an individual employment plan; has failed to attend a required appointment; has refused or

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quit employment; or has failed to comply with any other requirements for the receipt of cash

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assistance under this chapter. If the family's benefit has been reduced, benefits shall be restored to

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the full amount beginning with the initial payment made on the first of the month following the

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month in which the parent: (1) enters into an individual employment plan or rehabilitation plan

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and demonstrates compliance with the terms thereof; or (2) demonstrates compliance with the

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terms of his or her existing individual employment plan or rehabilitation plan, as such plan may

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be amended by agreement of the parent and the department.

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      (2) In the case where appropriate child care has been made available in accordance with

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this chapter, a participant's failure, without good cause, to accept a bona fide offer of work,

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including full-time, part-time and/or temporary employment, or unpaid work experience or

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community service, shall be deemed a failure to comply with the work requirements of this

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section and shall result in reduction or termination of cash assistance, as defined by the

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department in rules and regulations duly promulgated.

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      (3) If the family/assistance unit's benefit has been reduced for a total of three (3) months,

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whether or not consecutive in accordance with this section due to the failure by one or more

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parents to enter into an individual employment plan or failure to comply with the terms of his of

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her individual employment plan, or the failure to comply with the requirements of this chapter,

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cash assistance to the entire family shall end. The family/assistance unit may reapply for benefits,

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and the benefits shall be restored to the family/assistance unit in the full amount the

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family/assistance unit is otherwise eligible for under this chapter beginning on the first of the

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month following the month in which all parents in the family/assistance unit who are subject to

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the employment or rehabilitation plan requirements under this chapter: (A) enter into an

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individual employment or rehabilitation plan as applicable, and demonstrate compliance with the

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terms thereof, or (B) demonstrate compliance with the terms of the parent's individual

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employment or rehabilitation employment plan in effect at the time of termination of benefits, as

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such plan may be amended by agreement of the parent and the department.

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      (4) Up to ten (10) days following a notice of adverse action to reduce or terminate

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benefits under this subsection, the client may request the opportunity to meet with a social worker

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to identify the reasons for non-compliance, establish good cause and seek to resolve any issues

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that have prevented the parent from complying with the employment plan requirements.

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      (5) Participants whose cases had closed in sanction status pursuant to Rhode Island's

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prior Temporary Assistance for Needy Families Program,(federal TANF described in Title IVA

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of the federal Social Security Act, 42 U.S.C. section 601 et seq.), the Family Independence

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Program, more specifically, subdivision 40-5.1-9(2)(c), due to failure to comply with the cash

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assistance program requirements, but who had received less than forty-eight (48) months of cash

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assistance at the time of closure, and who reapply for cash assistance under the Rhode Island

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Works Program, must demonstrate full compliance, as defined by the department in its rules and

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regulations, before they shall be eligible for cash assistance pursuant to this chapter.

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      (l) Good Cause. - Good Cause for failing to meet any program requirements including

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leaving employment, and failure to fulfill documentation requirements, shall be outlined in rules

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and regulations promulgated by the department of human services.

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     SECTION 2. This act shall take effect upon passage.

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LC01423/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HUMAN SERVICES -- RHODE ISLAND WORKS PROGRAM

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     This act would provide that the combined work hours of two (2) parent families under the

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Rhode Island works program shall be at least thirty-five (35) hours per week.

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     This act would take effect upon passage.

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LC01423/SUB A

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