2014 -- H 7734

========

LC004572

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

____________

A N   A C T

RELATING TO HUMAN SERVICES - THE RHODE ISLAND WORKS PROGRAM

     Introduced By: Representatives Cimini, Ajello, and Diaz

     Date Introduced: February 27, 2014

     Referred To: House Finance

     (Human Services)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 40-5.2-12 of the General Laws in Chapter 40-5.2 entitled "The

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

engage in the work activity(ies).

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

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

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

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

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

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

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

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

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

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

the following ten (10) work activities:

      (A) Unsubsidized employment;

      (B) Subsidized private sector employment;

      (C) Subsidized public sector employment;

      (D) Work experience;

      (E) On the Job Training;

      (F) Job search and job readiness;

      (G) Community service programs;

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

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

approved community service program;

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

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

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

      (A) Job skills training directly related to employment;

      (B) Education directly related to employment; and,

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

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

high school diploma or General Equivalence Diploma (GED);

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

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

LC004572 - Page 2 of 7

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

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

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

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

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

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

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

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

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

of disability benefits through the Social Security Administration.

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

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

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

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

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

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

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

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

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

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

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

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

care;

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

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

Security Administration;

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

determined by the department in accordance with rules and regulations;

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

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

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

promulgated by the department.

      (i) Work Requirement for two parent families.

      (1) In families consisting of two parents, one parent is or both parents are required and

LC004572 - Page 3 of 7

shall be engaged in work activities as defined below, for at least thirty-five (35) hours per week

during the month, not fewer than thirty (30) hours per week of which are attributable to one or

more of the following listed work activities, provided, however, that he or she shall begin with

intensive employment services as the first step in the Individual Employment Plan. Two parent

work requirements shall be defined as the following:

      (A) Unsubsidized employment;

      (B) Subsidized private sector employment;

      (C) Subsidized public-sector employment;

      (D) Work experience;

      (E) On-the-job training;

      (F) Job search and job readiness;

      (G) Community service program;

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

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

a community service program;

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

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

for participation:

      (A) Job skills training directly related to employment;

      (B) Education directly related to employment; and

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

certificate of general equivalence.

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

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

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

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

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

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

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

family engaged in work for the month.

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

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

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

may also count as participation.

LC004572 - Page 4 of 7

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

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

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

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

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

must be satisfied in some other TANF work activity.

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

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

as) the department finds that:

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

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

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

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

regulations.

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

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

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

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

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

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

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

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

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

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

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

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

be amended by agreement of the parent and the department.

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

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

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

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

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

department in rules and regulations duly promulgated.

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

LC004572 - Page 5 of 7

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

and regulations promulgated by the department of human services.

     SECTION 2. This act shall take effect upon passage.

========

LC004572

========

LC004572 - Page 6 of 7

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HUMAN SERVICES - THE RHODE ISLAND WORKS PROGRAM

***

     This act would change the distribution of work hours for two parent families between the

two parents so that one or both parents would be required to be engaged in work activities for at

least thirty-five (35) hours per week during the month.

     This act would take effect upon passage.

========

LC004572

========

LC004572 - Page 7 of 7