2013 -- S 0531

=======

LC01242

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO HUMAN SERVICES - THE RHODE ISLAND WORKS PROGRAM

     Introduced By: Senators Pichardo, Jabour, Goldin, and Crowley

     Date Introduced: February 28, 2013

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 40-5.2-10 and 40-5.2-12 of the General Laws in Chapter 40-5.2

1-2

entitled "The Rhode Island Works Program" are hereby amended to read as follows:

1-3

     40-5.2-10. Necessary requirements and conditions. -- The following requirements and

1-4

conditions shall be necessary to establish eligibility for the program.

1-5

      (a) Citizenship, alienage and residency requirements.

1-6

      (1) A person shall be a resident of the State of Rhode Island.

1-7

      (2) Effective October 1, 2008 a person shall be a United States citizen, or shall meet the

1-8

alienage requirements established in section 402(b) of the Personal Responsibility and Work

1-9

Opportunity Reconciliation Act of 1996, PRWORA, Public Laws No. 104-193 and as that section

1-10

may hereafter be amended; a person who is not a United States citizen and does not meet the

1-11

alienage requirements established in PRWORA, as amended, is not eligible for cash assistance in

1-12

accordance with this chapter.

1-13

      (b) The family/assistance unit must meet any other requirements established by the

1-14

department of human services by rules and regulations adopted pursuant to the Administrative

1-15

Procedures Act, as necessary to promote the purpose and goals of this chapter.

1-16

      (c) Receipt of cash assistance is conditional upon compliance with all program

1-17

requirements.

1-18

      (d) All individuals domiciled in this state shall be exempt from the application of

1-19

subdivision 115(d)(1)(A) of Public Law 104-193, the Personal Responsibility and Work

1-20

Opportunity Reconciliation Act of 1996, PRWORA, which makes any individual ineligible for

2-1

certain state and federal assistance if that individual has been convicted under federal or state law

2-2

of any offense which is classified as a felony by the law of the jurisdiction and which has as an

2-3

element the possession, use, or distribution of a controlled substance as defined in section 102(6)

2-4

of the Controlled Substances Act (21 U.S.C. 802(6)).

2-5

      (e) Individual employment plan as a condition of eligibility.

2-6

      (1) Following receipt of an application, the department of human services shall assess

2-7

the financial conditions of the family, including the non-parent caretaker relative who is applying

2-8

for cash assistance for himself or herself as well as for the minor child(ren),in the context of an

2-9

eligibility determination. If a parent or non parent caretaker relative is unemployed or under-

2-10

employed, the department shall conduct an initial assessment, taking into account: (A) the

2-11

physical capacity, skills, education, work experience, health, safety, family responsibilities and

2-12

place of residence of the individual; and (B) the child care and supportive services required by the

2-13

applicant to avail himself or herself of employment opportunities and/or work readiness

2-14

programs.

2-15

      (2) On the basis of such assessment, the department of human services and the

2-16

department of labor and training, as appropriate, in consultation with the applicant, shall develop

2-17

an individual employment plan for the family which requires the individual to participate in the

2-18

intensive employment services. Intensive employment services shall be defined as the work

2-19

requirement activities in subsections 40-5.2-12(g) and (i).

2-20

      (3) The director, or his/her designee, may assign a case manager to an

2-21

applicant/participant, as appropriate.

2-22

      (4) The department of labor and training and the department of human services in

2-23

conjunction with the participant shall develop a revised individual employment plan which shall

2-24

identify employment objectives, taking into consideration factors above, and shall include a

2-25

strategy for immediate employment and for preparing for, finding, and retaining employment

2-26

consistent, to the extent practicable, with the individual's career objectives.

2-27

      (5) The individual employment plan must include the provision for the participant to

2-28

engage in work requirements as outlined in section 40-5.2-12 of this chapter.

2-29

      (6) (A) The participant shall attend and participate immediately in intensive assessment

2-30

and employment services as the first step in the individual employment plan, unless temporarily

2-31

exempt from this requirement in accordance with this chapter. Intensive assessment and

2-32

employment services shall be defined as the work requirement activities in subsections 40-5.2-

2-33

12(g) and (i).

3-34

      (B) Parents under age twenty (20) without a high school diploma or General Equivalency

3-35

Diploma (GED) shall be referred to special teen parent programs which will provide intensive

3-36

services designed to assist teen parent to complete high school education or GED, and to continue

3-37

approved work plan activities in accord with Works program requirements.

3-38

      (7) The applicant shall become a participant in accordance with this chapter at the time

3-39

the individual employment plan is signed and entered into.

3-40

      (8) Applicants and participants of the Rhode Island Work Program shall agree to comply

3-41

with the terms of the individual employment plan, and shall cooperate fully with the steps

3-42

established in the individual employment plan, including the work requirements.

3-43

      (9) The department of human services has the authority under the chapter to require

3-44

attendance by the applicant/participant, either at the department of human services or at the

3-45

department of labor and training, at appointments deemed necessary for the purpose of having the

3-46

applicant enter into and become eligible for assistance through the Rhode Island Work Program.

3-47

Said appointments include, but are not limited to, the initial interview, orientation and

3-48

assessment; job readiness and job search. Attendance is required as a condition of eligibility for

3-49

cash assistance in accordance with rules and regulations established by the department.

3-50

      (10) As a condition of eligibility for assistance pursuant to this chapter, the

3-51

applicant/participant shall be obligated to keep appointments, attend orientation meetings at the

3-52

department of human services and/or the Rhode Island department of labor and training,

3-53

participate in any initial assessments or appraisals and comply with all the terms of the individual

3-54

employment plan in accordance with department of human service rules and regulations.

3-55

      (11) A participant, including a parent or non-parent caretaker relative included in the

3-56

cash assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause

3-57

as defined in this chapter or the department's rules and regulations.

3-58

      (12) A participant who voluntarily quits or refuses a job without good cause, as defined

3-59

in subsection 40-5.2-12(l), while receiving cash assistance in accordance with this chapter, shall

3-60

be sanctioned in accordance with rules and regulations promulgated by the department.

3-61

      (f) Resources.

3-62

      (1) The Family or assistance unit's countable resources shall be less than the allowable

3-63

resource limit established by the department in accordance with this chapter.

3-64

      (2) No family or assistance unit shall be eligible for assistance payments if the combined

3-65

value of its available resources (reduced by any obligations or debts with respect to such

3-66

resources) exceeds one thousand dollars ($1,000).

3-67

      (3) For purposes of this subsection, the following shall not be counted as resources of the

3-68

family/assistance unit in the determination of eligibility for the works program:

4-1

      (A) The home owned and occupied by a child, parent, relative or other individual;

4-2

      (B) Real property owned by a husband and wife as tenants by the entirety, if the property

4-3

is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in

4-4

the property;

4-5

      (C) Real property which the family is making a good faith effort to dispose of, however,

4-6

any cash assistance payable to the family for any such period shall be conditioned upon such

4-7

disposal of the real property within six (6) months of the date of application and any payments of

4-8

assistance for that period shall (at the time of disposal) be considered overpayments to the extent

4-9

that they would not have occurred at the beginning of the period for which the payments were

4-10

made. All overpayments are debts subject to recovery in accordance with the provisions of the

4-11

chapter;

4-12

      (D) Income producing property other than real estate including, but not limited to,

4-13

equipment such as farm tools, carpenter's tools and vehicles used in the production of goods or

4-14

Services which the department determines are necessary for the family to earn a living;

4-15

      (E) One vehicle for each adult household member, but not to exceed two (2) vehicles per

4-16

household, and in addition, a vehicle used primarily for income producing purposes such as, but

4-17

not limited to, a taxi, truck or fishing boat; a vehicle used as a family's home; a vehicle which

4-18

annually produces income consistent with its fair market value, even if only used on a seasonal

4-19

basis; a vehicle necessary to transport a family member with a disability where the vehicle is

4-20

specially equipped to meet the specific needs of the person with a disability or if the vehicle is a

4-21

special type of vehicle that makes it possible to transport the person with a disability;

4-22

      (F) Household furnishings and appliances, clothing, personal effects and keepsakes of

4-23

limited value;

4-24

      (G) Burial plots (one for each child, relative, and other individual in the assistance unit),

4-25

and funeral arrangements;

4-26

      (H) For the month of receipt and the following month, any refund of federal income

4-27

taxes made to the family by reason of section 32 of the Internal Revenue Code of 1986, 26 U.S.C.

4-28

section 32 (relating to earned income tax credit), and any payment made to the family by an

4-29

employer under section 3507 of the Internal Revenue Code of 1986, 26 U.S.C. section 3507

4-30

(relating to advance payment of such earned income credit);

4-31

      (I) The resources of any family member receiving supplementary security income

4-32

assistance under the Social Security Act, 42 U.S.C. section 301 et seq.

4-33

      (g) Income.

5-34

      (1) Except as otherwise provided for herein, in determining eligibility for and the amount

5-35

of cash assistance to which a family is entitled under this chapter, the income of a family includes

5-36

all of the money, goods, and services received or actually available to any member of the family.

5-37

      (2) In determining the eligibility for and the amount of cash assistance to which a

5-38

family/assistance unit is entitled under this chapter, income in any month shall not include the

5-39

first one hundred seventy dollars ($170) of gross earnings plus fifty percent (50%) of the gross

5-40

earnings of the family in excess of one hundred seventy dollars ($170) earned during the month.

5-41

      (3) The income of a family shall not include:

5-42

      (A) The first fifty dollars ($50.00) in child support received in any month from each non-

5-43

custodial parent of a child plus any arrearages in child support (to the extent of the first fifty

5-44

dollars ($50.00) per month multiplied by the number of months in which the support has been in

5-45

arrears) which are paid in any month by a non-custodial parent of a child;

5-46

      (B) Earned income of any child;

5-47

      (C) Income received by a family member who is receiving supplemental security income

5-48

(SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. section 1381 et seq.;

5-49

      (D) The value of assistance provided by state or federal government or private agencies

5-50

to meet nutritional needs, including: value of USDA donated foods; value of supplemental food

5-51

assistance received under the Child Nutrition Act of 1966, as amended and the special food

5-52

service program for children under Title VII, nutrition program for the elderly, of the Older

5-53

Americans Act of 1965 as amended, and the value of food stamps;

5-54

      (E) Value of certain assistance provided to undergraduate students, including any grant

5-55

or loan for an undergraduate student for educational purposes made or insured under any loan

5-56

program administered by the U.S. Commissioner of Education (or the Rhode Island board of

5-57

governors for higher education or the Rhode Island higher educational assistance authority);

5-58

      (F) Foster Care Payments;

5-59

      (G) Home energy assistance funded by state or federal government or by a nonprofit

5-60

organization;

5-61

      (H) Payments for supportive services or reimbursement of out-of-pocket expenses made

5-62

to foster grandparents, senior health aides or senior companions and to persons serving in SCORE

5-63

and ACE and any other program under Title II and Title III of the Domestic Volunteer Service

5-64

Act of 1973, 42 U.S.C. section 5000 et seq.;

5-65

      (I) Payments to volunteers under AmeriCorps VISTA as defined in the department's

5-66

rules and regulations;

5-67

      (J) Certain payments to native Americans; payments distributed per capita to, or held in

5-68

trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. section 1261 et seq., P.L. 93-

6-1

134, 25 U.S.C. section 1401 et seq., or P.L. 94-540; receipts distributed to members of certain

6-2

Indian tribes which are referred to in section 5 of P.L. 94-114, 25 U.S.C. section 459d, that

6-3

became effective October 17, 1975;

6-4

      (K) Refund from the federal and state earned income tax credit;

6-5

      (L) The value of any state, local, or federal government rent or housing subsidy,

6-6

provided that this exclusion shall not limit the reduction in benefits provided for in the payment

6-7

standard section of this chapter.

6-8

      (4) The receipt of a lump sum of income shall affect participants for cash assistance in

6-9

accordance with rules and regulations promulgated by the department.

6-10

      (h) Time limit on the receipt of cash assistance.

6-11

      (1) Except as provided in subdivision (3) below with respect to certain minor children,

6-12

No no cash assistance shall be provided, pursuant to this chapter, to a family or assistance unit

6-13

which includes an adult member who has received cash assistance, either for him/herself or on

6-14

behalf of his/her children, for a total of twenty-four (24) forty-eight (48) months, (whether or not

6-15

consecutive) within any sixty (60) continuous months after July 1, 2008 to include any time

6-16

receiving any type of cash assistance in any other state or territory of the United States of

6-17

America as defined herein. Provided further, in no circumstances other than provided for in

6-18

section (3) below with respect to certain minor children, shall cash assistance be provided

6-19

pursuant to this chapter to a family or assistance unit which includes an adult member who has

6-20

received cash assistance for a total of a lifetime limit of forty-eight (48) months.

6-21

      (2) Cash benefits received by a minor dependent child shall not be counted toward their

6-22

lifetime time limit for receiving benefits under this chapter should that minor child apply for cash

6-23

benefits as an adult.

6-24

      (3) Certain minor children not subject to time limit. This section regarding the lifetime

6-25

time limit for the receipt of cash assistance, shall not apply only in the instances of a minor

6-26

child(ren) living with a parent who receives SSI benefits and a minor child(ren) living with a

6-27

responsible adult non-parent caretaker relative who is not in the case assistance payment.

6-28

      (4) Receipt of family cash assistance in any other state or territory of the United States of

6-29

America shall be determined by the department of human services and shall include family cash

6-30

assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds

6-31

[Title IV-A of the Federal Social Security Act 42 U.S.C. section 601 et seq.]and/or family cash

6-32

assistance provided under a program similar to the Rhode Island Families Work and Opportunity

6-33

Program or the federal TANF program.

7-34

      (5) (A) The department of human service shall mail a notice to each assistance unit when

7-35

the assistance unit has six (6) months of cash assistance remaining and each month thereafter

7-36

until the time limit has expired. The notice must be developed by the department of human

7-37

services and must contain information about the lifetime time limit. the number of months the

7-38

participant has remaining, the hardship extension policy, the availability of a post-employment-

7-39

and-closure bonus, and any other information pertinent to a family or an assistance unit nearing

7-40

either the twenty-four (24) month or forty-eight (48) month lifetime time limit.

7-41

      (B) For applicants who have less than six (6) months remaining in either the twenty-four

7-42

(24) month or forty-eight (48) month lifetime time limit because the family or assistance unit

7-43

previously received cash assistance in Rhode Island or in another state, the department shall

7-44

notify the applicant of the number of months remaining when the application is approved and

7-45

begin the process required in paragraph (A) above.

7-46

      (6) If a cash assistance recipient family closed pursuant to Rhode Island's Temporary

7-47

Assistance for Needy Families Program, (federal TANF described in Title IV A of the Federal

7-48

Social Security Act, 42 U.S.C. 601 et seq.) formerly entitled the Rhode Island Family

7-49

Independence Program, more specifically under subdivision 40-5.1-9(2)(c), due to sanction

7-50

because of failure to comply with the cash assistance program requirements; and that recipients

7-51

family received forty-eight (48) months of cash benefits in accordance with the Family

7-52

Independence Program, than that recipient family is not able to receive further cash assistance for

7-53

his/her family, under this chapter, except under hardship exceptions.

7-54

      (7) The months of state or federally funded cash assistance received by a recipient family

7-55

since May 1, 1997 under Rhode Island's Temporary Assistance for Needy Families Program,

7-56

(federal TANF described in Title IV A of the Federal Social Security Act, 42 U.S.C. section 601

7-57

et seq.) formerly entitled the Rhode Island Family Independence Program, shall be countable

7-58

toward the time limited cash assistance described in this chapter.

7-59

      (i) Time limit on the receipt of cash assistance.

7-60

      (1) (A) No cash assistance shall be provided, pursuant to this chapter, to a family

7-61

assistance unit in which an adult member has received cash assistance for a total of sixty (60)

7-62

months (whether or not consecutive) to include any time receiving any type of cash assistance in

7-63

any other state or territory of the United States as defined herein effective August 1, 2008.

7-64

Provided further, that no cash assistance shall be provided to a family in which an adult member

7-65

has received assistance for twenty-four (24) consecutive months unless the adult member has a

7-66

rehabilitation employment plan as provided in subsection 40-5.2-12(g)(5).

7-67

      (B) Effective August 1, 2008 no cash assistance shall be provided pursuant to this

7-68

chapter to a family in which a child has received cash assistance for a total of sixty (60) months

8-1

(whether or not consecutive) if the parent is ineligible for assistance under this chapter pursuant

8-2

to subdivision 40-5.2(a) (2) to include any time received any type of cash assistance in any other

8-3

state or territory of the United States as defined herein.

8-4

      (j) Hardship Exceptions.

8-5

      (1) The department may extend an assistance unit's or family's cash assistance beyond

8-6

the time limit, by reason of hardship; provided, however, that the number of such families to be

8-7

exempted by the department with respect to their time limit under this subsection shall not exceed

8-8

twenty percent (20%) of the average monthly number of families to which assistance is provided

8-9

for under this chapter in a fiscal year; provided, however, that to the extent now or hereafter

8-10

permitted by federal law, any waiver granted under section 40-5.2-35, for domestic violence,

8-11

shall not be counted in determining the twenty percent (20%) maximum under this section.

8-12

      (2) Parents who receive extensions to the time limit due to hardship must have and

8-13

comply with employment plans designed to remove or ameliorate the conditions that warranted

8-14

the extension.

8-15

      (k) Parents under eighteen (18) years of age.

8-16

      (1) A family consisting of a parent who is under the age of eighteen (18), and who has

8-17

never been married, and who has a child; or a family which consists of a woman under the age of

8-18

eighteen (18) who is at least six (6) months pregnant, shall be eligible for cash assistance only if

8-19

such family resides in the home of an adult parent, legal guardian or other adult relative. Such

8-20

assistance shall be provided to the adult parent, legal guardian, or other adult relative on behalf of

8-21

the individual and child unless otherwise authorized by the department.

8-22

      (2) This subsection shall not apply if the minor parent or pregnant minor has no parent,

8-23

legal guardian or other adult relative who is living and/or whose whereabouts are unknown; or the

8-24

department determines that the physical or emotional health or safety of the minor parent, or his

8-25

or her child, or the pregnant minor, would be jeopardized if he or she was required to live in the

8-26

same residence as his or her parent, legal guardian or other adult relative (refusal of a parent,

8-27

legal guardian or other adult relative to allow the minor parent or his or her child, or a pregnant

8-28

minor, to live in his or her home shall constitute a presumption that the health or safety would be

8-29

so jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent

8-30

or legal guardian for a period of at least one year before either the birth of any child to a minor

8-31

parent or the onset of the pregnant minor's pregnancy; or there is good cause, under departmental

8-32

regulations, for waiving the subsection; and the individual resides in supervised supportive living

8-33

arrangement to the extent available.

9-34

      (3) For purposes of this section "supervised supportive living arrangement" means an

9-35

arrangement which requires minor parents to enroll and make satisfactory progress in a program

9-36

leading to a high school diploma or a general education development certificate, and requires

9-37

minor parents to participate in the adolescent parenting program designated by the department, to

9-38

the extent the program is available; and provides rules and regulations which ensure regular adult

9-39

supervision.

9-40

      (l) Assignment and Cooperation. - As a condition of eligibility for cash and medical

9-41

assistance under this chapter, each adult member, parent or caretaker relative of the

9-42

family/assistance unit must:

9-43

      (1) Assign to the state any rights to support for children within the family from any

9-44

person which the family member has at the time the assignment is executed or may have while

9-45

receiving assistance under this chapter;

9-46

      (2) Consent to and cooperate with the state in establishing the paternity and in

9-47

establishing and/or enforcing child support and medical support orders for all children in the

9-48

family or assistance unit in accordance with Title 15 of the general laws, as amended, unless the

9-49

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

9-50

requirements of this subsection.

9-51

      (3) Absent good cause, as defined by the department of human services through the rule

9-52

making process, for refusing to comply with the requirements of (1) and (2) above, cash

9-53

assistance to the family shall be reduced by twenty-five percent (25%) until the adult member of

9-54

the family who has refused to comply with the requirements of this subsection consents to and

9-55

cooperates with the state in accordance with the requirements of this subsection.

9-56

      (4) As a condition of eligibility for cash and medical assistance under this chapter, each

9-57

adult member, parent or caretaker relative of the family/assistance unit must consent to and

9-58

cooperate with the state in identifying and providing information to assist the state in pursuing

9-59

any third-party who may be liable to pay for care and services under Title XIX of the Social

9-60

Security Act, 42 U.S.C. section 1396 et seq.

9-61

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

9-62

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

9-63

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

9-64

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

9-65

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

9-66

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

9-67

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

9-68

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

10-1

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

10-2

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

10-3

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

10-4

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

10-5

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

10-6

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

10-7

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

10-8

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

10-9

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

10-10

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

10-11

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

10-12

engage in the work activity(ies).

10-13

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

10-14

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

10-15

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

10-16

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

10-17

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

10-18

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

10-19

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

10-20

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

10-21

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

10-22

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

10-23

the following ten (10) work activities:

10-24

      (A) Unsubsidized employment;

10-25

      (B) Subsidized private sector employment;

10-26

      (C) Subsidized public sector employment;

10-27

      (D) Work experience;

10-28

      (E) On the Job Training;

10-29

      (F) Job search and job readiness;

10-30

      (G) Community service programs;

10-31

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

10-32

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

10-33

approved community service program;

11-34

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

11-35

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

11-36

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

11-37

      (A) Job skills training directly related to employment;

11-38

      (B) Education directly related to employment; and,

11-39

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

11-40

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

11-41

high school diploma or General Equivalence Diploma (GED);

11-42

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

11-43

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

11-44

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

11-45

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

11-46

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

11-47

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

11-48

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

11-49

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

11-50

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

11-51

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

11-52

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

11-53

of disability benefits through the Social Security Administration.

11-54

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

11-55

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

11-56

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

11-57

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

11-58

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

11-59

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

11-60

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

11-61

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

11-62

the twenty-four (24) forty-eight (48) months of eligibility for cash assistance, and provided

11-63

further that a minor parent without a high school diploma or the equivalent, and who is not

11-64

married, shall not be exempt for more than twelve weeks from the birth of the child;

11-65

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

11-66

care;

11-67

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

11-68

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

12-1

Security Administration;

12-2

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

12-3

determined by the department in accordance with rules and regulations;

12-4

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

12-5

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

12-6

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

12-7

promulgated by the department.

12-8

      (i) Work Requirement for two parent families.

12-9

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

12-10

work activities as defined below, for at least thirty-five (35) hours per week during the month, not

12-11

fewer than thirty (30) hours per week of which are attributable to one or more of the following

12-12

listed work activities, provided, however, that he or she shall begin with intensive employment

12-13

services as the first step in the Individual Employment Plan. Two parent work requirements shall

12-14

be defined as the following:

12-15

      (A) Unsubsidized employment;

12-16

      (B) Subsidized private sector employment;

12-17

      (C) Subsidized public-sector employment;

12-18

      (D) Work experience;

12-19

      (E) On-the-job training;

12-20

      (F) Job search and job readiness;

12-21

      (G) Community service program;

12-22

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

12-23

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

12-24

a community service program;

12-25

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

12-26

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

12-27

for participation:

12-28

      (A) Job skills training directly related to employment;

12-29

      (B) Education directly related to employment; and

12-30

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

12-31

certificate of general equivalence.

12-32

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

12-33

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

12-34

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

13-1

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

13-2

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

13-3

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

13-4

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

13-5

family engaged in work for the month.

13-6

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

13-7

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

13-8

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

13-9

may also count as participation.

13-10

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

13-11

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

13-12

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

13-13

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

13-14

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

13-15

must be satisfied in some other TANF work activity.

13-16

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

13-17

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

13-18

as) the department finds that:

13-19

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

13-20

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

13-21

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

13-22

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

13-23

regulations.

13-24

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

13-25

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

13-26

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

13-27

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

13-28

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

13-29

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

13-30

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

13-31

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

13-32

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

13-33

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

13-34

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

14-1

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

14-2

be amended by agreement of the parent and the department.

14-3

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

14-4

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

14-5

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

14-6

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

14-7

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

14-8

department in rules and regulations duly promulgated.

14-9

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

14-10

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

14-11

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

14-12

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

14-13

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

14-14

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

14-15

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

14-16

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

14-17

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

14-18

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

14-19

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

14-20

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

14-21

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

14-22

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

14-23

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

14-24

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

14-25

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

14-26

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

14-27

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

14-28

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

14-29

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

14-30

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

14-31

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

14-32

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

14-33

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

15-34

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

15-35

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

15-36

and regulations promulgated by the department of human services.

15-37

     SECTION 2. This act shall take effect upon passage.

=======

LC01242

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HUMAN SERVICES - THE RHODE ISLAND WORKS PROGRAM

***

16-1

     This act would increase work participation by streamlining the process for receiving

16-2

temporary cash assistance and improving work-readiness services for parents with limited

16-3

literacy.

16-4

     This act would take effect upon passage.

=======

LC01242

=======