2016 -- S 2131

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LC003794

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO HUMAN SERVICES -- CHILD CARE ASSISTANCE

     

     Introduced By: Senators Crowley, Goldin, Sosnowski, Miller, and Metts

     Date Introduced: January 21, 2016

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 40-5.2-20 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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     40-5.2-20. Child care assistance. -- Families or assistance units eligible for childcare

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assistance.

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

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

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accordance with this chapter.

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

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

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

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

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department shall also provide child care to families with incomes below one hundred eighty

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percent (180%) of the federal poverty level if, and to the extent, such families require child care

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to participate on a short-term basis, as defined in the department's rules and regulations, in

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training, apprenticeship, internship, on-the-job training, work experience, work immersion, or

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other job-readiness/job-attachment program sponsored or funded by the human resource

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investment council (governor's workforce board) or state agencies that are part of the coordinated

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program system pursuant to § 42-102-11.

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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subsection.

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

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

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

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

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

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

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secondary education.

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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eligibility standards.

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

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

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

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

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

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

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earned and unearned income as determined by departmental regulations.

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

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

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

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

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

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

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discharged from active duty.

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     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 -- CHILD CARE ASSISTANCE

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     This act would eliminate the September 30, 2016 termination of the child care subsidy

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transition program.

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     This act would take effect upon passage.

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