2015 -- S 0099

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LC000667

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HUMAN SERVICES

     Introduced By: Senators Goldin, Pearson, Ottiano, DiPalma, and Pichardo

     Date Introduced: January 22, 2015

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

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

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

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

assistance.

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

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

accordance with this chapter.

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

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

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

employment as defined in the department's rules and regulations. Beginning October 1, 2013, and

until June 30, 2015, subject to available funding, the department shall also provide child care to

families with income below one hundred eighty percent (180%) of the federal poverty level if,

and to the extent, such families require child care to participate on a short-term basis, as defined

in the department's rules and regulations, in training, apprenticeship, internship, on-the-job

training, work experience, work immersion, or other job readiness/job attachment program

sponsored or funded by the human resource investment council (governor's workforce board) or

state agencies that are part of the coordinated program system pursuant to §§ 42-102-9 and 42-

102-11.

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

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

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

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

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

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

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

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

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

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

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

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

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

orders for all children in the family in accordance with title 15, as amended, unless the parent or

caretaker relative is found to have good cause for refusing to comply with the requirements of this

subsection.

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

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

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

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

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

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

secondary education.

      (f) (1) Families with incomes below one hundred percent (100%) of the applicable

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

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

applicable federal poverty guideline shall be required to pay for some portion of the childcare

they receive, according to a sliding-fee scale adopted by the department in the department's rules.

      (2) For a thirty-six (36) month period beginning October 1, 2013, the child care subsidy

transition program shall function within the department of human services. Under this program,

families who are already receiving childcare assistance and who become ineligible for childcare

assistance as a result of their incomes exceeding one hundred eighty percent (180%) of the

applicable federal poverty guidelines shall continue to be eligible for childcare assistance from

October 1, 2013, to September 30, 2016 or until their incomes exceed two hundred twenty-five

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percent (225%) of the applicable federal poverty guidelines, whichever occurs first. To be

eligible, such families must continue to pay for some portion of the childcare they receive, as

indicated in a sliding-fee scale adopted in the department's rules and in accordance with all other

eligibility standards.

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

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

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

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

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

subdivisions 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross

earned and unearned income as determined by departmental regulations.

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

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

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

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

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

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

discharged from active duty.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HUMAN SERVICES

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     This act would extend low income childcare benefits indefinitely by repealing the June

30, 2015 sunset provision from the law.

     This act would take effect upon passage.

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