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art.015/1 | ||
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1 | ARTICLE 15 | |
2 | RELATING TO CHILDREN AND FAMILIES | |
3 | SECTION 1. Sections 16-8-10 and 16-8-10.1 of the General Laws in Chapter 16-8 entitled | |
4 | "Federal Aid [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" are hereby | |
5 | amended to read as follows: | |
6 | 16-8-10. Mandatory school lunch programs. | |
7 | (a) All public elementary and secondary schools shall be required to make type A lunches | |
8 | available to students attending those schools in accordance with rules and regulations adopted from | |
9 | time to time by the department of elementary and secondary education. To the extent that federal, | |
10 | state, and other funds are available, free and reduced price type A lunches shall be provided to all | |
11 | students from families that meet the current specific criteria established by federal and state | |
12 | regulations. The requirement that type A lunches be provided shall apply to locally managed school | |
13 | lunch programs, and school lunch programs administered directly by the department of elementary | |
14 | and secondary education or by any other public agency whether using school facilities or a | |
15 | commercial catering service. The department of elementary and secondary education is further | |
16 | authorized to expand the school lunch program to the extent that federal, state, and/or local funds | |
17 | are available by the utilization of one or more food preparation centers for delivery to participating | |
18 | schools for the purpose of providing meals to students on a more economical basis than could be | |
19 | provided by a community acting individually. | |
20 | (b) Beginning in the 2020-2021 school year, and each year thereafter, all public schools | |
21 | that have been eligible for the community eligibility provision under section 104(a) of the federal | |
22 | Healthy, Hunger-Free Kids Act of 2010 for two consecutive years or longer shall be required to | |
23 | implement the provision. Any school subject to the requirement in the preceding sentence may | |
24 | apply to the department of elementary and secondary education (“the department”) for a waiver | |
25 | from the requirement. Such waiver may be granted by the department upon the demonstration that | |
26 | adoption of the program would cause economic hardship for the school. All public schools eligible | |
27 | for the community eligibility provision in any year are encouraged to participate even if not | |
28 | required to do so under this paragraph. To facilitate implementation of this program, the department | |
29 | shall: | |
30 | (1) Notify schools on or before March 1 each year if they are required to adopt the | |
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1 | community eligibility provision for the school year that begins after September 1 of that year. | |
2 | (2) Develop and distribute procedures and guidelines for the implementation of the | |
3 | program. | |
4 | 16-8-10.1. Mandatory school breakfast programs. | |
5 | (a) All public schools shall make a breakfast program available to students attending the | |
6 | school. The breakfast meal shall meet any rules and regulations that are adopted by the | |
7 | commissioner. | |
8 | (b) The state of Rhode Island shall provide school districts a per breakfast subsidy for each | |
9 | breakfast served to students. The general assembly shall annually appropriate some sum and | |
10 | distribute it based on each district's proportion of the number of breakfasts served in the prior school | |
11 | year relative to the statewide total in the same year. This subsidy shall augment the nonprofit school | |
12 | food service account and be used for expenses incurred in providing nutritious breakfast meals to | |
13 | students. | |
14 | (c) Beginning in the 2020-2021 school year, and each year thereafter, all public schools | |
15 | that have an enrollment of seventy percent (70%) or more of students eligible for free or reduced- | |
16 | price meals in the prior school year according to the federal school meals program shall offer a | |
17 | school breakfast program to each student in the school after the instructional day has officially | |
18 | begun. The department of elementary and secondary education (“the department”) shall determine | |
19 | eligible service models, which shall include, but are not limited to, breakfast in the classroom, grab | |
20 | and go breakfast, and second chance breakfast. The breakfast shall be served at a time to be | |
21 | determined by the school so long as it occurs after the beginning of the instructional day. If a public | |
22 | school falls below the seventy percent threshold established in this section, it has the option to | |
23 | continue offering the school breakfast program after the instructional day has officially begun but | |
24 | is not required to do so. Any school subject to the requirement in the first sentence of this paragraph | |
25 | may apply to the department for a waiver from the requirement. Such waiver may be granted upon | |
26 | the demonstration that providing a school breakfast program after the instructional day has begun | |
27 | would cause financial hardship for the school. To facilitate implementation of this program, the | |
28 | department shall: | |
29 | (1) Notify schools on or before March 1 each year if they are required to implement a | |
30 | school breakfast program after the instructional day has begun beginning that fall. | |
31 | (2) Develop and distribute procedures and guidelines for the implementation of the | |
32 | program, which must be in compliance with federal regulations governing the School Breakfast | |
33 | Program. | |
34 | (3) Annually collect information on eligible delivery models implemented at each school | |
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1 | and make the information publicly available. | |
2 | SECTION 2. Section 16-64-1.1 of the General Laws in Chapter 16-64 entitled "Residence | |
3 | of Children for School Purposes" is hereby amended to read as follows: | |
4 | 16-64-1.1. Payment and reimbursement for educational costs of children placed in | |
5 | foster care, group homes, or other residential facility by a Rhode Island state agency. | |
6 | (a) Children placed in foster care by a Rhode Island-licensed child-placing agency or a | |
7 | Rhode Island governmental agency shall be entitled to the same free, appropriate public education | |
8 | provided to all other residents of the city or town where the child is placed. The city or town shall | |
9 | pay the cost of the education of the child during the time the child is in foster care in the city or | |
10 | town. | |
11 | (b) Children placed by the department of children, youth and families (DCYF) in a group | |
12 | home or other residential facility that does not include the delivery of educational services are to | |
13 | be educated by the community in which the group home or other residential facility is located, and | |
14 | those children shall be entitled to the same free, appropriate public education provided to all other | |
15 | residents of the city or town where the child is placed. For purposes of payment and reimbursement | |
16 | for educational costs under this chapter, the term "group home or other residential facility" shall | |
17 | not include independent-living programs. Each city and town that contains one or more group | |
18 | homes or other residential facilities that do not include delivery of educational services will receive | |
19 | funds as part of state aid to education in accordance with the following provisions: | |
20 | (1) On December 31 of each year, the DCYF shall provide the department of elementary | |
21 | and secondary education with a precise count of how many group home or other residential facility | |
22 | "beds" exist in each Rhode Island city or town, counting only those "beds" in facilities that do not | |
23 | include the delivery of educational services. The number of "beds" in each group home or other | |
24 | residential facility shall be equal to the maximum number of children who may be placed in that | |
25 | group home or other residential facility on any given night according to the applicable licensure | |
26 | standards of the DCYF. | |
27 | (2) For the fiscal year beginning July 1, 2007, if the number of beds certified by DCYF for | |
28 | a school district by December 31, 2007, is greater than the number certified March 14, 2007, upon | |
29 | which the education aid for FY 2008 was appropriated, the education aid for that district will be | |
30 | increased by the number of increased beds multiplied by fifteen thousand dollars ($15,000). | |
31 | Notwithstanding the provisions of this section or any law to the contrary, the education aid for all | |
32 | group home or other residential facility "beds" located or associated with the Children's Residential | |
33 | and Family Treatment (CRAFT) program located on the East Providence campus of Bradley | |
34 | Hospital shall be twenty-two thousand dollars ($22,000) per bed. The Department of Elementary | |
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1 | and Secondary Education shall include the additional aid in equal payments in March, April, May, | |
2 | and June, and the Governor's budget recommendations pursuant to § 35-3-8 shall include the | |
3 | amounts required to provide the increased aid. | |
4 | For all fiscal years beginning after June 30, 2016, education aid for each school district | |
5 | shall include seventeen thousand dollars ($17,000) for each bed certified by DCYF by the preceding | |
6 | December 31. Notwithstanding the provisions of this section or any law to the contrary, the | |
7 | education aid for all group home or other residential facility "beds" located or associated with the | |
8 | Children's Residential and Family Treatment (CRAFT) program located on the East Providence | |
9 | campus of Bradley Hospital shall be twenty-six thousand dollars ($26,000) per bed. For all fiscal | |
10 | years beginning after June 30, 2008, whenever the number of beds certified by DCYF for a school | |
11 | district by December 31 is greater than the number certified the prior December 31 upon which the | |
12 | education aid for that fiscal year was appropriated, the education aid for that district as enacted by | |
13 | the assembly during the prior legislative session for that fiscal year will be increased by the number | |
14 | of increased beds multiplied by the amount per bed authorized for that fiscal year. The Department | |
15 | of Elementary and Secondary Education shall include the additional aid in equal payments in | |
16 | March, April, May, and June, and the Governor's budget recommendations pursuant to § 35-3-8 | |
17 | shall include the amounts required to provide the increased aid. | |
18 | (c) Children placed by DCYF in a residential-treatment program, group home, or other | |
19 | residential facility, except for those listed in subsection (d) of this section, whether or not located | |
20 | in the state of Rhode Island, which includes the delivery of educational services provided by that | |
21 | facility (excluding facilities where students are taught on grounds for periods of time by teaching | |
22 | staff provided by the school district in which the facility is located), shall have the cost of their | |
23 | education paid for as provided for in subsection (d) and § 16-64-1.2. The city or town determined | |
24 | to be responsible to DYCF for a per-pupil special-education cost pursuant to § 16-64-1.2 shall pay | |
25 | its share of the cost of educational services to DCYF or to the facility providing educational | |
26 | services. | |
27 | (d) Children placed by DCYF in group homes, child-caring facilities, community | |
28 | residences, or other residential facilities shall have the entire cost of their education paid for by | |
29 | DCYF if: | |
30 | (1) The facility is operated by the state of Rhode Island or the facility has a contract with | |
31 | DCYF to fund a pre-determined number of placements or part of the facility's program; | |
32 | (2) The facility is state licensed; and | |
33 | (3) The facility operates an approved, on-grounds educational program, whether or not the | |
34 | child attends the on-grounds program. | |
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1 | For each child ordered by the family court to be detained or sentenced to the Thomas C. | |
2 | Slater Training School, the city or town determined to be the child’s residence under §16-64-1.2 | |
3 | shall be responsible for payment of a city’s or town’s per pupil special education cost to DCYF for | |
4 | the delivery of education services during the youth’s incarceration at the Training School. | |
5 | SECTION 3. Section 16-64-1.1 of the General Laws in Chapter 16-64 entitled "Residence | |
6 | of Children for School Purposes" is hereby amended to read as follows: | |
7 | 16-64-1.3. Educational responsibility for children in group homes and other | |
8 | residential placements. | |
9 | (a) The city or town in which a foster home, group home, or other residential facility that | |
10 | does not include the delivery of educational services is located shall be responsible for the free | |
11 | appropriate public education of any child residing in those placements, including all procedural | |
12 | safeguards, evaluation, and instruction in accordance with regulations under chapter 24 of this title, | |
13 | for any period during which a child is residing in the city or town. The city or town shall coordinate | |
14 | its efforts with any other city or town to which a child moves when exiting the city or town | |
15 | responsible under this subsection. | |
16 | (b) The city or town responsible for payment under § 16-64-1.1(c) and (d) for payment of | |
17 | a city’s or town's per pupil special education cost to DCYF for a child placed in a residential facility, | |
18 | group home, or other residential facility that includes the delivery of educational services shall be | |
19 | responsible for the free, appropriate public education, including all procedural safeguards, | |
20 | evaluation and instruction in accordance with regulations under chapter 24 of this title. | |
21 | SECTION 4. Sections 23-24.6-14 and 23-24.6-14.1 of the General Laws in Chapter 23- | |
22 | 24.6 entitled "Lead Poisoning Prevention Act" is hereby amended to read as follows: | |
23 | 23-24.6-14. Inspection of child care facilities. | |
24 | (a) The director shall promulgate regulations requiring that as a condition of licensure all | |
25 | preschools, day care facilities, nursery schools, group family child care homes, family child care | |
26 | homes, child care centers, residential facilities, and public and private elementary schools and | |
27 | schoolyards, and public playgrounds, and shelters and foster homes serving children under the age | |
28 | of six (6) years in Rhode Island: | |
29 | (1) Receive comprehensive environmental lead inspections at specified intervals; and | |
30 | (2) Demonstrate that they are either lead free or lead safe. | |
31 | (b) The director, shall, using state inspectors, conduct comprehensive environmental lead | |
32 | inspections for all these facilities at the specified intervals. | |
33 | 23-24.6-14.1. Inspection of foster homes. | |
34 | (a) The director shall promulgate regulations requiring that as a condition of licensure | |
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1 | foster homes be subject to, at a minimum, a visual lead inspection to assess whether there are any | |
2 | potential lead hazards in the home. The department of health shall review the results of all lead | |
3 | inspections of foster homes and shall ensure that owners receive all information needed to | |
4 | remediate the lead hazards identified in the inspection. | |
5 | SECTION 5. Sections 40-5.2-8, 40-5.2-10 and 40-5.2-20 of the General Laws in Chapter | |
6 | 40-5.2 entitled "The Rhode Island Works Program" are hereby amended to read as follows: | |
7 | 40-5.2-8. Definitions. | |
8 | (a) As used in this chapter, the following terms having the meanings set forth herein, unless | |
9 | the context in which such terms are used clearly indicates to the contrary: | |
10 | (1) "Applicant" means a person who has filed a written application for assistance for | |
11 | herself/himself and her/his dependent child(ren). An applicant may be a parent or non parent | |
12 | caretaker relative. | |
13 | (2) "Assistance" means cash and any other benefits provided pursuant to this chapter. | |
14 | (3) "Assistance unit" means the assistance filing unit consisting of the group of persons, | |
15 | including the dependent child(ren), living together in a single household who must be included in | |
16 | the application for assistance and in the assistance payment if eligibility is established. An | |
17 | assistance unit may be the same as a family. | |
18 | (4) "Benefits" shall means assistance received pursuant to this chapter. | |
19 | (5) "Community service programs" means structured programs and activities in which cash | |
20 | assistance recipients RI Works participants perform work for the direct benefit of the community | |
21 | under the auspices of public or nonprofit organizations. Community service programs are designed | |
22 | to improve the employability of recipients not otherwise able to obtain paid employment. (6) | |
23 | "Department" means the department of human services. | |
24 | (7) "Dependent child" means an individual, other than an individual with respect to whom | |
25 | foster care maintenance payments are made, who is: (A) under the age of eighteen (18); or (B) | |
26 | under the age of nineteen (19) and a full-time student in a secondary school (or in the equivalent | |
27 | level of vocational or educational training), if before he or she attains age nineteen (19), he or she | |
28 | may reasonably be expected to complete the program of such secondary school (or such training). | |
29 | (8) "Director" means the director of the department of human services. | |
30 | (9) "Earned income" means income in cash or the equivalent received by a person through | |
31 | the receipt of wages, salary, commissions, or profit from activities in which the person is self- | |
32 | employed or as an employee and before any deductions for taxes. | |
33 | (10) "Earned income tax credit" means the credit against federal personal income tax | |
34 | liability under § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32, or any successor section, | |
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1 | the advanced payment of the earned income tax credit to an employee under § 3507 of the code, 26 | |
2 | U.S.C. § 3507, or any successor section and any refund received as a result of the earned income | |
3 | tax credit, as well as any refundable state earned income tax credit. | |
4 | (11) "Education directly related to employment" means education, in the case of a | |
5 | participant who has not received a high school diploma or a certificate of high school equivalency, | |
6 | related to a specific occupation, job, or job offer. | |
7 | (12) "Family" means: (A) a pregnant woman from and including the seventh month of her | |
8 | pregnancy; or (B) a child and the following eligible persons living in the same household as the | |
9 | child: (C) each biological, adoptive or stepparent of the child, or in the absence of a parent, any | |
10 | adult relative who is responsible, in fact, for the care of such child; and (D) the child's minor siblings | |
11 | (whether of the whole or half blood); provided, however, that the term "family" shall not include | |
12 | any person receiving benefits under title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq. | |
13 | A family may be the same as the assistance unit. | |
14 | (13) "Gross earnings" means earnings from employment and self-employment further | |
15 | described in the department of human services rules and regulations. | |
16 | (14) "Individual employment plan" means a written, individualized plan for employment | |
17 | developed jointly by the applicant and the department of human services that specifies the steps the | |
18 | participant shall take toward long-term economic independence developed in accordance with | |
19 | subsection 40-5.2-10(e). A participant must comply with the terms of the individual employment | |
20 | plan as a condition of eligibility in accordance with subsection 40-5.2-10(e) of this chapter. | |
21 | (15) "Job search and job readiness" means the mandatory act of seeking or obtaining | |
22 | employment by the participant, or the preparation to seek or obtain employment. | |
23 | In accord with federal requirements, job search activities must be supervised by the | |
24 | department of labor and training and must be reported to the department of human services in | |
25 | accordance with TANF work verification requirements. | |
26 | Except in the context of rehabilitation employment plans, and special services provided by | |
27 | the department of children, youth and families, job search and job readiness activities are limited | |
28 | to four (4) consecutive weeks, or for a total of six (6) weeks in a twelve (12) month period, with | |
29 | limited exceptions as defined by the department. The department of human services in consultation | |
30 | with the department of labor and training shall extend job search, and job readiness assistance for | |
31 | up to twelve (12) weeks in a fiscal year if a state has an unemployment rate at least fifty percent | |
32 | (50%) greater than the United States unemployment rate if the state meets the definition of a "needy | |
33 | state" under the contingency fund provisions of federal law. | |
34 | Preparation to seek employment, or job readiness, may include, but may not be limited to, | |
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1 | the participant obtaining life skills training, homelessness services, domestic violence services, | |
2 | special services for families provided by the department of children youth and families, substance | |
3 | abuse treatment, mental health treatment, or rehabilitation activities as appropriate for those who | |
4 | are otherwise employable. Such services, treatment or therapy must be determined to be necessary | |
5 | and certified by a qualified medical or mental health professional. Intensive work readiness services | |
6 | may include work-based literacy, numeracy, hands-on training, work experience and case | |
7 | management services. Nothing in this section shall be interpreted to mean that the department of | |
8 | labor and training shall be the sole provider of job readiness activities described herein. | |
9 | (16) "Job skills training directly related to employment" means training or education for | |
10 | job skills required by an employer to provide an individual with the ability to obtain employment | |
11 | or to advance or adapt to the changing demands of the workplace. Job skills training directly related | |
12 | to employment must be supervised on an ongoing basis. | |
13 | (17) "Net income" means the total gross income of the assistance unit less allowable | |
14 | disregards and deductions as described in subsection 40-5.2-10(g). | |
15 | (18) "Minor parent" means a parent under the age of eighteen (18). A minor parent may, at | |
16 | the discretion of the department, be an applicant or recipient with his or her dependent child(ren) | |
17 | in his/her own case or a member of an assistance unit with his or her dependent child(ren) in a case | |
18 | established by the minor parent's parent apply as a separate assistance unit in certain circumstances | |
19 | if he or she is otherwise unable to be included, along with his or her child, as part of the assistance | |
20 | unit of a parent or caretaker relative in accordance with § 40-5.2-10(k). | |
21 | (19) "On-the-job-training" means training in the public or private sector that is given to a | |
22 | paid employee while he or she is engaged in productive work and That provides knowledge and | |
23 | skills essential to the full and adequate performance of the job. On-the-job training must be | |
24 | supervised by under the supervision of an employer, work site sponsor, or other designee of the | |
25 | department of human services on an ongoing basis. | |
26 | (20) "Participant" means a person who has been found eligible for assistance in accordance | |
27 | with this chapter and who must comply with all requirements of this chapter, and has entered into | |
28 | an individual employment plan. A participant may be a parent or non-parent caretaker relative | |
29 | included in the cash assistance payment assistance unit. | |
30 | (21) “Personal Responsibility and Work Opportunity Reconciliation Act of 1996” or | |
31 | “PRWORA,” means the federal law enacted in 1996, as amended, that established TANF and sets | |
32 | forth the eligibility requirements governing access to federal means-tested benefits applicable to | |
33 | non-citizens residing in the United States. | |
34 | (22) Recipient" means a “participant” person who has been found eligible and receives | |
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1 | cash assistance for assistance through RI Works in accordance with this chapter. | |
2 | (22)(23) "Relative" means a parent, stepparent, grandparent, great grandparent, great-great | |
3 | grandparent, aunt, great aunt, great-great aunt, uncle, great-uncle, great-great uncle, sister, brother, | |
4 | stepbrother, stepsister, half-brother, half-sister, first cousin, first cousin once removed, niece, great | |
5 | niece, great-great niece, nephew, great nephew, or great-great nephew. | |
6 | (23)(24) "Resident" means a person who maintains residence by his or her continuous | |
7 | physical presence in the state. | |
8 | (25) “RI Works lifetime limit” means the total number of months an adult applicant or | |
9 | beneficiary is eligible to receive cash assistance provided through RI Works and/or any other state | |
10 | or territorial program operating under the auspices of the TANF block grant. The RI Works lifetime | |
11 | limit is forty-eight (48) months and is calculated in accordance with §40-5.2-10(h). Children in a | |
12 | family or assistance unit are not subject to the RI Works life-time limit. | |
13 | (26) "Self-employment income" means the total profit from a business enterprise, farming, | |
14 | etc., resulting from a comparison of the gross receipts with the business expenses, i.e., expenses | |
15 | directly related to producing the goods or services and without which the goods or services could | |
16 | not be produced. However, items such as depreciation, personal business and entertainment | |
17 | expenses, and personal transportation are not considered business expenses for the purposes of | |
18 | determining eligibility for cash assistance in accordance with this chapter. | |
19 | (25)(27) "State" means the State of Rhode Island and Providence Plantations. | |
20 | (26) (28) "Subsidized employment" means public or private employment in the private or | |
21 | public sectors for which the employer receives a government subsidy from TANF or other public | |
22 | funds another public program to offset some or all of the wages and costs of employing an recipient | |
23 | RI Works participant. It includes work in which all or a portion of the wages paid to the recipient | |
24 | are provided to The subsidy is paid to the employer either as a reimbursement for the extra costs of | |
25 | training or as an incentive to hire the recipient, including, but not limited to, grant diversion | |
26 | (27) (29) "Subsidized housing" means housing for a family whose rent is restricted to a | |
27 | percentage of its income. | |
28 | (30) “Supplemental Nutrition Assistance Program or “SNAP” means the federally funded | |
29 | program, formerly known as Food Stamps, authorized under the “Food and Nutrition Act of 2008”, | |
30 | 7 U.S.C. § 2011 et. seq., and administered by the State, that provides food-purchasing assistance to | |
31 | low and no-income individuals and families who meet certain eligibility requirements. | |
32 | (31) Temporary Assistance of Needy Families or “TANF” is the federal block grant | |
33 | program [Title IV-A of the U.S. Social Security Act 42 U.S.C. § 601 et seq.] authorized by the | |
34 | Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996. States | |
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1 | receive TANF block grant funds to operate their own cash assistance programs for low-income | |
2 | families within the parameters established in federal law and regulations. RI Works is Rhode | |
3 | Island’s TANF program. | |
4 | (28) (32) "Unsubsidized employment" means full or part-time employment in the public or | |
5 | private sector that is not subsidized by TANF or any other public program. | |
6 | (29) (33) "Vocational educational training" means organized educational programs, not to | |
7 | exceed twelve (12) months with respect to any participant, that are directly related to the preparation | |
8 | of participants for employment in current or emerging occupations. Vocational educational training | |
9 | must be supervised. | |
10 | (30) (34) "Work experience" means a work activity that provides a participant with an | |
11 | opportunity to acquire the general skills, training, knowledge, and work habits necessary to obtain | |
12 | employment. The purpose of work experience is to improve the employability of those who cannot | |
13 | find unsubsidized employment. An employer, work site sponsor, and/or other appropriate designee | |
14 | of the department must supervise this activity. | |
15 | (31) (35) "Work supplementation" also known as "grant diversion" means the use of all or | |
16 | a portion of a participant's cash assistance grant and food stamp grant SNAP as a wage supplement | |
17 | to an employer. Such a supplement shall be limited to a maximum period of twelve (12) months. | |
18 | An employer must agree to continue the employment of the participant as part of the regular work | |
19 | force, beyond the supplement period, if the participant demonstrates satisfactory performance. | |
20 | (32) (36)"Work activities" mean the specific work requirements which must be defined in | |
21 | the individual employment plan and must be complied with by the participant as a condition of | |
22 | eligibility for the receipt of cash assistance for single and two (2) family households outlined in § | |
23 | 40-5.2-12 of this chapter. | |
24 | 40-5.2-10. Necessary requirements and conditions. | |
25 | An applicant for RI Works must meet The the following requirements and conditions shall | |
26 | be necessary to establish to be eligible for the RI Works eligibility for the program. | |
27 | (a) Citizenship, alienage and residency requirements. | |
28 | (1) A person shall be a resident of the State of Rhode Island. | |
29 | (2) Effective [July 1, 2019,October 1, 2008], a person seeking eligibility for assistance | |
30 | under this section to must be a United States citizens, or shall or a qualified non-citizen who meets | |
31 | the applicable requirements established in § 402(b) of the Personal Responsibility and Work | |
32 | Opportunity Reconciliation Act of 1996, PRWORA,, Public Laws No. 104-193 and as that section | |
33 | may be hereafter be amended from time to time, [8 U.S.C. § 1612] pertaining to non-citizen and | |
34 | alien eligibility for federal benefits provided through the TANF program; a person who is not a | |
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1 | United States citizen and does not meet the alienage requirements established in PRWORA, as | |
2 | amended, is not eligible for cash assistance in accordance with this chapter. | |
3 | (b) The family/assistance unit must meet any other requirements established by the | |
4 | department of human services by rules and regulations adopted pursuant to the Administrative | |
5 | Procedures Act, as necessary to promote the purpose and goals of this chapter. | |
6 | (c) Receipt of cash assistance is conditional upon compliance with all program | |
7 | requirements. | |
8 | (d) All individuals domiciled in this state shall be exempt from the application of | |
9 | subdivision 115(d)(1)(A) of Public Law 104-193, the Personal Responsibility and Work | |
10 | Opportunity Reconciliation Act of 1996, PRWORA [21 U.S.C. § 862a], which makes any | |
11 | individual ineligible for certain state and federal assistance if that individual has been convicted | |
12 | under federal or state law of any offense which is classified as a felony by the law of the jurisdiction | |
13 | and which has as an element the possession, use, or distribution of a controlled substance as defined | |
14 | in § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)). | |
15 | (e) Individual employment plan as a condition of eligibility. | |
16 | (1) Following receipt of an application, the department of human services shall assess the | |
17 | financial conditions of the family, including the non-parent caretaker relative who is applying for | |
18 | cash assistance for himself or herself as well as for the minor child(ren),in the context of an | |
19 | eligibility determination. If a parent or non parent caretaker relative is unemployed or under- | |
20 | employed, the department shall conduct an initial assessment, taking into account: (A) the physical | |
21 | capacity, skills, education, work experience, health, safety, family responsibilities and place of | |
22 | residence of the individual; and (B) the child care and supportive services required by the applicant | |
23 | to avail himself or herself of employment opportunities and/or work readiness programs; and (C) | |
24 | preparation to seek employment, or job readiness, including but not limited to, the need for | |
25 | obtaining life skills training, homelessness services, domestic violence services, special services | |
26 | for families provided by the department of children youth and families, substance abuse treatment, | |
27 | mental health treatment, or rehabilitation activities as appropriate for those who are otherwise | |
28 | employable. Such services, treatment or therapy must be determined to be necessary and certified | |
29 | by a qualified medical or mental health professional. Intensive work readiness services may include | |
30 | work-based literacy, numeracy, hands-on training, work experience and case management services. | |
31 | (2) On the basis of such assessment, the department of human services and the department | |
32 | of labor and training, as appropriate, in consultation with the applicant, shall develop an individual | |
33 | employment plan for the family which requires the individual to participate in the intensive | |
34 | employment services. Intensive employment services shall be defined as the work requirement | |
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| |
1 | activities in subsections 40-5.2-12(g) and (i). | |
2 | (3) The director, or his/her designee, may assign a case manager to an applicant/participant, | |
3 | as appropriate. | |
4 | (4) The department of labor and training and the department of human services in | |
5 | conjunction with the participant shall develop a revised individual employment plan which shall | |
6 | identify employment objectives, taking into consideration factors above, and shall include a | |
7 | strategy for immediate employment and for preparing for, finding, and retaining employment | |
8 | consistent, to the extent practicable, with the individual's career objectives. Preparation to seek | |
9 | employment, or job readiness, may include, but may not be limited to, the participant obtaining life | |
10 | skills training, homelessness services, domestic violence services, special services for families | |
11 | provided by the department of children youth and families, substance abuse treatment, mental | |
12 | health treatment, or rehabilitation activities as appropriate for those who are otherwise employable. | |
13 | Such services, treatment or therapy must be determined to be necessary and certified by a qualified | |
14 | medical or mental health professional. Intensive work readiness services may include work-based | |
15 | literacy, numeracy, hands-on training, work experience and case management services. Nothing in | |
16 | this section shall be interpreted to mean that the department of labor and training shall be the sole | |
17 | provider of job readiness activities described herein | |
18 | (5) The individual employment plan must include the provision for the participant to | |
19 | engage in work requirements as outlined in § 40-5.2-12 of this chapter. | |
20 | (6)(A) The participant shall attend and participate immediately in intensive assessment and | |
21 | employment services as the first step in the individual employment plan, unless temporarily exempt | |
22 | from this requirement in accordance with this chapter. Intensive assessment and employment | |
23 | services shall be defined as the work requirement activities in subsections 40-5.2-12(g) and (i). | |
24 | (B) Parents under age twenty (20) without a high school diploma or General Equivalency | |
25 | Diploma (GED) shall be referred to special teen parent programs which will provide intensive | |
26 | services designed to assist teen parent to complete high school education or GED, and to continue | |
27 | approved work plan activities in accord with Works program requirements. | |
28 | (7) The applicant shall become a participant in accordance with this chapter at the time the | |
29 | individual employment plan is signed and entered into. An applicant is not considered an RI Works | |
30 | participant until the individual employment plan is completed and signed. Such a signature | |
31 | indicates that the applicant agrees (8) Applicants and participants of the Rhode Island Work | |
32 | Program shall agree to comply with the terms of the individual employment plan and shall | |
33 | cooperate fully with the steps established in the individual employment plan, including the work | |
34 | requirements. (8) Applicants and participants of the Rhode Island Work Program shall agree to | |
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| |
1 | comply with the terms of the individual employment plan, and shall cooperate fully with the steps | |
2 | established in the individual employment plan, including the work requirements. | |
3 | (9) (8) The department of human services has the authority under the chapter to requires, | |
4 | as a condition of eligibility, that attendance by the applicant/participant, either at the department of | |
5 | human services or at the department of labor and training, applicants and participants attend | |
6 | appointments deemed necessary for the purpose of having the applicant enter into and become | |
7 | eligible for obtaining or retaining assistance through the Rhode Island RI Works Pprogram. Said | |
8 | appointments include, but are not limited to, the initial interview, orientation and assessment; job | |
9 | readiness and job search. Attendance is required as a condition of eligibility for cash assistance in | |
10 | accordance with rules and regulations established by the department. | |
11 | (10) As a condition of eligibility for assistance pursuant to this chapter, the | |
12 | applicant/participant shall be obligated to keep appointments, attend orientation meetings at the | |
13 | department of human services and/or the Rhode Island department of labor and training, participate | |
14 | in any initial assessments or appraisals and comply with all the terms of the individual employment | |
15 | plan in accordance with department of human service rules and regulations. | |
16 | (11) (10) A participant, including a parent or non-parent caretaker relative included in the | |
17 | cash assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause | |
18 | as defined in this chapter or the department's rules and regulations. | |
19 | (12) A participant who voluntarily quits or refuses a job without good cause, as defined in | |
20 | subsection 40-5.2-12(l), while receiving cash assistance in accordance with this chapter, shall be | |
21 | sanctioned in accordance with rules and regulations promulgated by the department. | |
22 | (f) Resources. | |
23 | (1) The combined value of the family or assistance unit's available countable resources, | |
24 | shall be less than the allowable resource limit established by the department in accordance with this | |
25 | chapter. | |
26 | (2) No family or assistance unit shall be eligible for assistance payments if the combined | |
27 | value of its available resources once reduced by any obligations or debts, shall not with respect to | |
28 | such resources) must not exceeds one thousand dollars ($1,000). | |
29 | (3) (2) For purposes of this subsection, the following shall not be counted as resources of | |
30 | the family/assistance unit in the determination of eligibility for the works RI Works program: | |
31 | (A) The home owned and occupied by a child, parent, relative or other individual; | |
32 | (B) Real property owned by a husband and wife as tenants by the entirety, if the property | |
33 | is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in | |
34 | the property; | |
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| |
1 | (C) Real property other than any as identified in § 40-5.2-10(f)(2)(A) and (B) of which the | |
2 | family is making a good faith effort through a sale or other means to dispose of, however, any cash | |
3 | assistance payable to the family for any such period shall be conditioned upon such disposal of the | |
4 | real property within for the period of up to six (6) months s of from the date of application. and | |
5 | any Eligibility during this period is contingent upon the disposal of the property. Any payments of | |
6 | assistance for that period shall (at the time of disposal) be considered overpayments once the family | |
7 | no longer owns the real property unless to the extent that they would not have occurred at the | |
8 | beginning of the period for which the payments were made the family would have been eligible | |
9 | for assistance at the start of the payment period even if the property had not been disposed. All | |
10 | overpayments are debts subject to recovery in accordance with the provisions of the chapter; | |
11 | (D) Income producing property other than real estate including, but not limited to, | |
12 | equipment such as farm tools, carpenter's tools and vehicles used in the production of goods or | |
13 | services which the department determines are necessary for the family to earn a living; | |
14 | (E) One vehicle for each adult household member, but not to exceed two (2) vehicles per | |
15 | household, and in addition, a vehicle used primarily for income producing purposes such as, but | |
16 | not limited to, a taxi, truck or fishing boat; a vehicle used as a family's home; a vehicle which | |
17 | annually produces income consistent with its fair market value, even if only used on a seasonal | |
18 | basis; a vehicle necessary to transport a family member with a disability where the vehicle is | |
19 | specially equipped to meet the specific needs of the person with a disability or if the vehicle is a | |
20 | special type of vehicle that makes it possible to transport the person with a disability; | |
21 | (F) Household furnishings and appliances, clothing, personal effects and keepsakes of | |
22 | limited value; | |
23 | (G) Burial plots (one for each child, relative, and other individual in the assistance unit), | |
24 | and funeral arrangements; | |
25 | (H) For the month of receipt and the following month, any refund of federal income taxes | |
26 | made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32 (relating | |
27 | to earned income tax credit), and any payment made to the family by an employer under § 3507 of | |
28 | the Internal Revenue Code of 1986, 26 U.S.C. § 3507 (relating to advance payment of such earned | |
29 | income credit); | |
30 | (I) The resources of any family member receiving supplementary security income (SSI) | |
31 | assistance under Title XVI of the Social Security Act, 42 U.S.C. § 1381. | |
32 | (g) Income. | |
33 | (1) Except as otherwise provided for herein, in determining eligibility for and the amount | |
34 | of cash assistance to which a family is entitled under this chapter, the income of a family includes | |
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| |
1 | all of the money, goods, and services received or actually available to any member of the family. | |
2 | (2) In determining the eligibility for and the amount of cash assistance to which a | |
3 | family/assistance unit is entitled under this chapter, income in any month shall not include the first | |
4 | one hundred seventy dollars ($170) of gross earnings plus fifty percent (50%) of the gross earnings | |
5 | of the family in excess of one hundred seventy dollars ($170) earned during the month. | |
6 | (3) The income of a family shall not include: | |
7 | (A) The first fifty dollars ($50.00) in child support received in any month from each non- | |
8 | custodial parent of a child plus any arrearages in child support (to the extent of the first fifty dollars | |
9 | ($50.00) per month multiplied by the number of months in which the support has been in arrears) | |
10 | which are paid in any month by a non-custodial parent of a child; | |
11 | (B) Earned income of any child; | |
12 | (C) Income SSI received by a family member who is receiving supplemental security | |
13 | income (SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq; | |
14 | (D) The value of assistance provided by state or federal government or private agencies to | |
15 | meet nutritional needs, including the value of: USDA donated foods; value of supplemental food | |
16 | assistance received under the Child Nutrition Act of 1966, as amended and the special food service | |
17 | program for children under Title VII, ;nutrition program for the elderly, of the Older Americans | |
18 | Act of 1965 as amended, and the value of food stamps SNAP benefits; | |
19 | (E) Value of certain assistance provided to undergraduate students, including any grant or | |
20 | loan for an undergraduate student for educational purposes made or insured under any loan program | |
21 | administered by the U.S. Commissioner Department of Education (or the Rhode Island council on | |
22 | postsecondary education or the Rhode Island division of higher education assistance); and the value | |
23 | of any withdrawals from a 529 or similar educational savings account recognized by federal and | |
24 | state law when the withdrawals are used for qualified education expenses of a family member; | |
25 | (F) Foster Care Payments; | |
26 | (G) Home energy assistance funded by state or federal government or by a nonprofit | |
27 | organization; | |
28 | (H) Payments for supportive services or reimbursement of out-of-pocket expenses made to | |
29 | foster grandparents, senior health aides or senior companions and to persons serving in SCORE | |
30 | and ACE and any other program under Title II and Title III of the Domestic Volunteer Service Act | |
31 | of 1973, 42 U.S.C. § 5000 et seq.; | |
32 | (I) Payments to volunteers under AmeriCorps VISTA as defined in the department's rules | |
33 | and regulations; | |
34 | (J) Certain payments to native Americans; payments distributed per capita to, or held in | |
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| |
1 | trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. § 1261 et seq., P.L. 93-134, | |
2 | 25 U.S.C. § 1401 et seq., or P.L. 94-540; receipts distributed to members of certain Indian tribes | |
3 | which are referred to in § 5 of P.L. 94-114, 25 U.S.C. § 459d, that became effective October 17, | |
4 | 1975; | |
5 | (K) Refund from the federal and state earned income tax credit; | |
6 | (L) The value of any state, local, or federal government rent or housing subsidy, provided | |
7 | that this exclusion shall not limit the reduction in benefits provided for in the payment standard | |
8 | section of this chapter. | |
9 | (4) The receipt of a lump sum of income shall affect participants for cash assistance in | |
10 | accordance with rules and regulations promulgated by the department. | |
11 | (h) Time limit on the receipt of cash assistance. | |
12 | (1) On and after January 1, 2020, the RI Works lifetime limit for adults is forty-eight (48) | |
13 | months. No cash assistance shall be provided, pursuant to this chapter, to a family or assistance | |
14 | unit which includes an adult member who has received cash assistance in excess of this time limit | |
15 | without regard to whether cash assistance was received by the adult member, either for him/herself | |
16 | or on behalf of his/her children, for a total of twenty-four (24) months, (whether or not consecutive) | |
17 | within any sixty (60) continuous months after July 1, 2008 to include any time receiving any type | |
18 | of cash assistance in this State or any other state or territory of the United States of America as | |
19 | defined herein. Provided further, in no circumstances other than provided for in section (3) below | |
20 | with respect to certain minor children, shall cash assistance be provided pursuant to this chapter to | |
21 | a family or assistance unit which includes an adult member who has received cash assistance for a | |
22 | total of a lifetime limit of forty-eight (48) months. | |
23 | (2) Cash benefits RI Works cash assistance received by a minor dependent child shall not | |
24 | be counted toward their his or her lifetime time limit for receiving benefits under this chapter should | |
25 | that minor child apply this chapter or a successor TANF-cash assistance program administered by | |
26 | the State when applying for eligibility for cash benefits as an adult. (3) Certain minor children not | |
27 | subject to time limit. This section regarding the lifetime time limit for the receipt of cash assistance, | |
28 | shall not apply only in the instances of a minor child(ren) living with a parent who receives SSI | |
29 | benefits and a minor child(ren) living with a responsible adult non-parent caretaker relative who is | |
30 | not in the case assistance payment. The lifetime time limit under this section does not apply to | |
31 | minor dependent children who are living with either a parent who is receiving SSI or a responsible | |
32 | adult non-parent caretaker relative who is not receiving RI Works cash assistance. | |
33 | (4) Receipt of family cash assistance in any other state or territory of the United States of | |
34 | America shall be determined by the The department of human services and shall determine whether | |
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| |
1 | any months of receiving include family cash assistance funded in whole or in part by Temporary | |
2 | Assistance for Needy Families (TANF) funds [Title IV-A of the Federal Social Security Act 42 | |
3 | U.S.C. § 601 et seq.] TANF and/or family cash assistance provided under a program similar to the | |
4 | Rhode Island Families Work and Opportunity Program or the federal TANF program RI Works | |
5 | program administered in another state or territory shall count toward the lifetime time limit of an | |
6 | adult applying for or receiving cash assistance under this chapter. | |
7 | (5)(A) The department of human service shall mail a notice to each assistance unit when | |
8 | the assistance unit has every month beginning when there are six (6) months of cash assistance | |
9 | remaining in the lifetime time limit. and each month thereafter until the time limit has expired. The | |
10 | notice must be developed by the department of human services and must contain information about | |
11 | the lifetime time limit. , the number of months the participant has remaining, the hardship extension | |
12 | policy, the availability of a post-employment-and-closure bonus, and any other information | |
13 | pertinent to a family or an assistance unit nearing either the twenty-four (24) month or the end of | |
14 | the forty-eight (48) month lifetime time limit. | |
15 | (B) For applicants who have less than six (6) months remaining in either the twenty-four | |
16 | (24) month or the forty-eight (48) month lifetime time limit because the family or assistance unit | |
17 | previously received cash assistance in Rhode Island or in another state, the department shall notify | |
18 | the applicant of the number of months remaining when the application is approved and begin the | |
19 | notice process required in paragraph (A) above. | |
20 | (6) If a cash assistance recipient family closed pursuant to Rhode Island's Temporary | |
21 | Assistance for Needy Families Program, (federal TANF described in Title IV A of the Federal | |
22 | Social Security Act, 42 U.S.C. § 601 et seq.) formerly entitled the Rhode Island Family | |
23 | Independence Program, more specifically under subdivision 40-5.1-9(2)(c), due to sanction | |
24 | because of failure to comply with the cash assistance program requirements; and that recipients | |
25 | family received forty-eight (48) months of cash benefits in accordance with the Family | |
26 | Independence Program, than that recipient family is not able to receive further cash assistance for | |
27 | his/her family, under this chapter, except under hardship exceptions. | |
28 | (7) The months of state All months of State or federally funded cash assistance received | |
29 | by a recipient family since May 1, 1997 under Rhode Island's Temporary Assistance for Needy | |
30 | Families Program, (federal TANF described in Title IV A of the Federal Social Security Act, 42 | |
31 | U.S.C. § 601 et seq.) formerly entitled the Rhode Island Family Independence Program, through | |
32 | RI Works and any of its predecessors, such as the Rhode Island Family Independence Program, | |
33 | shall be countable toward the time limited cash assistance described in this chapter unless exempt | |
34 | due to hardship exceptions. | |
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| |
1 | (i) Time limit on the receipt of cash assistance. | |
2 | (1)(A) No cash assistance shall be provided, pursuant to this chapter, to a family assistance | |
3 | unit in which an adult member has received cash assistance for a total of sixty (60) months forty- | |
4 | eight (48) months (whether or not consecutive) to include any time receiving any type of cash | |
5 | assistance in any other state or territory of the United States since as defined herein effective August | |
6 | 1, 2008May 1, 1997. Provided further, that no cash assistance shall be provided to a family in which | |
7 | an adult member has received assistance for twenty-four (24) consecutive months unless the adult | |
8 | member has a rehabilitation employment plan as provided in subsection 40-5.2-12(g)(5). | |
9 | (B) Effective August 1, 2008 Furthermore, no cash assistance shall be provided pursuant | |
10 | to this chapter to a family in which a child has received cash assistance for a total of sixty (60) | |
11 | months forty-eight (48) months (whether or not consecutive) if the parent is a non-citizen ineligible | |
12 | for assistance under this chapter pursuant to subdivision §40-5.2-10 (a) (2) to include any time for | |
13 | which the parent receivesd any type of cash assistance in any other state or territory of the United | |
14 | States as defined herein. | |
15 | (j) Hardship Exceptions. | |
16 | (1) The department may extend an assistance unit's or family's cash assistance beyond the | |
17 | lifetime time limit, by reason of hardship.; provided, however, that the The number of such families | |
18 | to be exempted by the department with respect to their time limit under this subsection granted | |
19 | hardship exemptions under this subsection shall not exceed twenty percent (20%) of the average | |
20 | monthly number of families to which assistance is provided for receiving cash assistance under this | |
21 | chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by federal | |
22 | law, excluding any families any waiver granted a waiver from the time limits established under | |
23 | herein under the authority of § 40-5.2-35, for domestic violence reason, shall not be counted in | |
24 | determining the twenty percent (20%) maximum under this section. | |
25 | (2) Parents who receive extensions to the time limit due to hardship must have and comply | |
26 | with employment plans designed to remove or ameliorate the conditions that warranted the | |
27 | extension. | |
28 | (k) Parents under eighteen (18) years of age. | |
29 | (1) A family consisting of a parent who is under the age of eighteen (18), and who has | |
30 | never been married, and who has a child; or a family which consists of a woman under the age of | |
31 | eighteen (18) who is at least six (6) months pregnant, shall be eligible for cash assistance only if | |
32 | such family resides in the home of an adult parent, legal guardian or other adult relative. Such | |
33 | assistance shall be provided to the adult parent, legal guardian, or other adult relative on behalf of | |
34 | the individual and child unless otherwise authorized by the department. | |
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| |
1 | (2) This subsection shall not apply if the minor parent or pregnant minor has no parent, | |
2 | legal guardian or other adult relative who is living and/or whose if the whereabouts of such an adult | |
3 | are is unknown; or the department determines that the physical or emotional health or safety of the | |
4 | minor parent, or his or her child, or the pregnant minor, would be jeopardized if he or she was | |
5 | required to live in the same residence as his or her parent, legal guardian or other adult relative | |
6 | (refusal of a parent, legal guardian or other adult relative to allow the minor parent or his or her | |
7 | child, or a pregnant minor, to live in his or her home shall constitute a presumption that the health | |
8 | or safety would be so jeopardized); or the minor parent or pregnant minor has lived apart from his | |
9 | or her own parent or legal guardian for a period of at least one year before either the birth of any | |
10 | child to a minor parent or the onset of the pregnant minor's pregnancy; or there is good cause, under | |
11 | departmental regulations, for waiving the subsection; and the individual resides in supervised | |
12 | supportive living arrangement to the extent available. | |
13 | (3) For purposes of this section "supervised supportive living arrangement" means an | |
14 | arrangement which requires minor parents to enroll and make satisfactory progress in a program | |
15 | leading to a high school diploma or a general education development certificate, and requires minor | |
16 | parents to participate in the adolescent parenting program designated by the department, to the | |
17 | extent the program is available; and provides rules and regulations which ensure regular adult | |
18 | supervision. | |
19 | (l) Assignment and Cooperation. As a condition of eligibility for cash and medical | |
20 | assistance under this chapter, each adult member, parent or caretaker relative of the | |
21 | family/assistance unit must: | |
22 | (1) Assign to the state any rights to support for children within the family from any person | |
23 | which the family member has at the time the assignment is executed or may have while receiving | |
24 | assistance under this chapter; | |
25 | (2) Consent to and cooperate with the state in establishing the paternity and in establishing | |
26 | and/or enforcing child support and medical support orders for all children in the family or assistance | |
27 | unit in accordance with Title 15 of the general laws, as amended, unless the parent or caretaker | |
28 | relative is found to have good cause for refusing to comply with the requirements of this subsection. | |
29 | (3) Absent good cause, as defined by the department of human services through the rule | |
30 | making process, for refusing to comply with the requirements of (1) and (2) above, cash assistance | |
31 | to the family shall be reduced by twenty-five percent (25%) until the adult member of the family | |
32 | who has refused to comply with the requirements of this subsection consents to and cooperates with | |
33 | the state in accordance with the requirements of this subsection. | |
34 | (4) As a condition of eligibility for cash and medical assistance under this chapter, each | |
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| |
1 | adult member, parent or caretaker relative of the family/assistance unit must consent to and | |
2 | cooperate with the state in identifying and providing information to assist the state in pursuing any | |
3 | third-party who may be liable to pay for care and services under Title XIX of the Social Security | |
4 | Act, 42 U.S.C. § 1396 et seq. | |
5 | 40-5.2-20. Child-care assistance. | |
6 | Families or assistance units eligible for child-care assistance. | |
7 | (a) The department shall provide appropriate child care to for every participant child who | |
8 | is eligible for cash assistance and who requires child care in order to assure the parents, relative | |
9 | caretakers, or other legally responsible adults whom they are living with are able to either obtain | |
10 | or maintain employment or, if participating in RI Works, meet the work requirements of their | |
11 | individual employment plans in accordance with this chapter | |
12 | (b) Low-income child care. The department shall provide child care to all other working | |
13 | families with incomes at or below one hundred eighty percent (180%) of the federal poverty level | |
14 | if, and to the extent, such other families require child care in order to work at paid employment as | |
15 | defined in the department's rules and regulations. Beginning October 1, 2013 July 1, 2019, the | |
16 | department shall also provide child care to families with incomes below one hundred eighty percent | |
17 | (180%) of the federal poverty level if, and to the extent, such families require child care to pursue | |
18 | an educational degree or vocational, technical, or professional certification directly related to | |
19 | employment in an appropriately accredited post-secondary educational institution either on a full- | |
20 | time basis, or in combination with employment activities approved by the department, or participate | |
21 | on a short-term basis, as defined in the department's rules and regulations, in training, | |
22 | apprenticeship, internship, on-the-job training, work experience, work immersion, or other job- | |
23 | readiness/job-attachment program sponsored or funded by the human resource investment council | |
24 | (governor's workforce board), or state agencies that are part of the coordinated program system | |
25 | pursuant to § 42-102-11. ) . | |
26 | (c) No family/assistance unit shall be eligible for child-care assistance under this chapter if | |
27 | the combined value of its liquid resources exceeds ten thousand dollars ($10,000) one million | |
28 | dollars ($1,000,000), which corresponds to the amount permitted by the federal government under | |
29 | the state plan and set forth in the administrative rule-making process by the department. Liquid | |
30 | resources are defined as any interest(s) in property in the form of cash or other financial instruments | |
31 | or accounts that are readily convertible to cash or cash equivalents. These include, but are not | |
32 | limited to: cash, bank, credit union, or other financial institution savings, checking, and money | |
33 | market accounts; certificates of deposit or other time deposits; stocks; bonds; mutual funds; and | |
34 | other similar financial instruments or accounts. These do not include educational savings accounts, | |
|
| |
1 | plans, or programs; retirement accounts, plans, or programs; or accounts held jointly with another | |
2 | adult, not including a spouse. The department is authorized to promulgate rules and regulations to | |
3 | determine the ownership and source of the funds in the joint account. | |
4 | (d) As a condition of eligibility for child-care assistance under this chapter, the parent or | |
5 | caretaker relative of the family must consent to, and must cooperate with, the department in | |
6 | establishing paternity, and in establishing and/or enforcing child support and medical support | |
7 | orders for all any children in the family receiving appropriate child care under this section in the | |
8 | family in accordance with the applicable sections of Title 15 of the State’s general laws, as | |
9 | amended, unless the parent or caretaker relative is found to have good cause for refusing to comply | |
10 | with the requirements of this subsection. | |
11 | (e) For purposes of this section, "appropriate child care" means child care, including infant, | |
12 | toddler, pre-school, nursery school, school-age, that is provided by a person or organization | |
13 | qualified, approved, and authorized to provide such care by the department of children, youth and | |
14 | families, or by the department of elementary and secondary education, or such other lawful | |
15 | providers as determined by the department of human services, in cooperation with the department | |
16 | of children, youth and families and the department of elementary and secondary education the State | |
17 | agency or agencies designated to make such determinations in accordance with the provisions set | |
18 | forth herein. | |
19 | (f)(1) Families with incomes below one hundred percent (100%) of the applicable federal | |
20 | poverty level guidelines shall be provided with free child care. Families with incomes greater than | |
21 | one hundred percent (100%) and less than one hundred eighty percent (180%) of the applicable | |
22 | federal poverty guideline shall be required to pay for some portion of the child care they receive, | |
23 | according to a sliding-fee scale adopted by the department in the department's rules. | |
24 | (2) Families who are receiving child-care assistance and who become ineligible for child- | |
25 | care assistance as a result of their incomes exceeding one hundred eighty percent (180%) of the | |
26 | applicable federal poverty guidelines shall continue to be eligible for child-care assistance until | |
27 | their incomes exceed two hundred twenty-five percent (225%) of the applicable federal poverty | |
28 | guidelines. To be eligible, such families must continue to pay for some portion of the child care | |
29 | they receive, as indicated in a sliding-fee scale adopted in the department's rules and in accordance | |
30 | with all other eligibility standards. | |
31 | (g) In determining the type of child care to be provided to a family, the department shall | |
32 | take into account the cost of available child-care options; the suitability of the type of care available | |
33 | for the child; and the parent's preference as to the type of child care. | |
34 | (h) For purposes of this section, "income" for families receiving cash assistance under § | |
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1 | 40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in | |
2 | §§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and | |
3 | unearned income as determined by departmental regulations. | |
4 | (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast | |
5 | the expenditures for child care in accordance with the provisions of § 35-17-1. | |
6 | (j) In determining eligibility for child-care assistance for children of members of reserve | |
7 | components called to active duty during a time of conflict, the department shall freeze the family | |
8 | composition and the family income of the reserve component member as it was in the month prior | |
9 | to the month of leaving for active duty. This shall continue until the individual is officially | |
10 | discharged from active duty. | |
11 | SECTION 6. Section 40-6.2-1.1 of the General Laws in Chapter 40-6.2 entitled "Child | |
12 | Care - State Subsidies" is hereby amended to read as follows: | |
13 | 40-6.2-1.1. Rates established. | |
14 | (a) Through June 30, 2015, subject to the payment limitations in subsection (c), the | |
15 | maximum reimbursement rates to be paid by the departments of human services and children, youth | |
16 | and families for licensed childcare centers and licensed family-childcare providers shall be based | |
17 | on the following schedule of the 75th percentile of the 2002 weekly market rates adjusted for the | |
18 | average of the 75th percentile of the 2002 and the 2004 weekly market rates: | |
19 | LICENSED CHILDCARE CENTERS 75th PERCENTILE OF WEEKLY | |
20 | MARKET RATE | |
21 | INFANT $182.00 | |
22 | PRESCHOOL $150.00 | |
23 | SCHOOL-AGE $135.00 | |
24 | LICENSED FAMILY CHILDCARE 75th PERCENTILE OF WEEKLY | |
25 | PROVIDERS MARKET RATE | |
26 | INFANT $150.00 | |
27 | PRESCHOOL $150.00 | |
28 | SCHOOL-AGE $135.00 | |
29 | Effective July 1, 2015, subject to the payment limitations in subsection (c), the maximum | |
30 | reimbursement rates to be paid by the departments of human services and children, youth and | |
31 | families for licensed childcare centers and licensed family-childcare providers shall be based on | |
32 | the above schedule of the 75th percentile of the 2002 weekly market rates adjusted for the average | |
33 | of the 75th percentile of the 2002 and the 2004 weekly market rates. These rates shall be increased | |
34 | by ten dollars ($10.00) per week for infant/toddler care provided by licensed family-childcare | |
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1 | providers and license-exempt providers and then the rates for all providers for all age groups shall | |
2 | be increased by three percent (3%). For the fiscal year ending June 30, 2018, licensed childcare | |
3 | centers shall be reimbursed a maximum weekly rate of one hundred ninety-three dollars and sixty- | |
4 | four cents ($193.64) for infant/toddler care and one hundred sixty-one dollars and seventy-one | |
5 | cents ($161.71) for preschool-age children. | |
6 | (b) Effective July l, 2018, subject to the payment limitations in subsection (c), the | |
7 | maximum infant/toddler and preschool-age reimbursement rates to be paid by the departments of | |
8 | human services and children, youth and families for licensed childcare centers shall be | |
9 | implemented in a tiered manner, reflective of the quality rating the provider has achieved within | |
10 | the state's quality rating system outlined in § 42-12-23.1. | |
11 | (1) For infant/toddler childcare, tier one shall be reimbursed two and one-half percent | |
12 | (2.5%) above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) above | |
13 | the FY 2018 weekly amount, tier three shall be reimbursed thirteen percent (13%) above the FY | |
14 | 2018 weekly amount, tier four shall be reimbursed twenty percent (20%) above the FY 2018 weekly | |
15 | amount, and tier five shall be reimbursed thirty-three percent (33%) above the FY 2018 weekly | |
16 | amount. | |
17 | (2) For preschool reimbursement rates, tier one shall be reimbursed two and one-half | |
18 | (2.5%) percent above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) | |
19 | above the FY 2018 weekly amount, tier three shall be reimbursed ten percent (10%) above the FY | |
20 | 2018 weekly amount, tier four shall be reimbursed thirteen percent (13%) above the FY 2018 | |
21 | weekly amount, and tier five shall be reimbursed twenty-one percent (21%) above the FY 2018 | |
22 | weekly amount. | |
23 | (c) The departments shall pay childcare providers based on the lesser of the applicable rate | |
24 | specified in subsection (a), or the lowest rate actually charged by the provider to any of its public | |
25 | or private childcare customers with respect to each of the rate categories, infant, preschool and | |
26 | school-age. | |
27 | (cd) By June 30, 2004, and biennially through June 30, 2014, the department of labor and | |
28 | training shall conduct an independent survey or certify an independent survey of the then current | |
29 | weekly market rates for childcare in Rhode Island and shall forward such weekly market rate survey | |
30 | to the department of human services. The next survey shall be conducted by June 30, 2016, and | |
31 | triennially thereafter. The departments of human services and labor and training will jointly | |
32 | determine the survey criteria including, but not limited to, rate categories and sub-categories. | |
33 | (de) In order to expand the accessibility and availability of quality childcare, the | |
34 | department of human services is authorized to establish by regulation alternative or incentive rates | |
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1 | of reimbursement for quality enhancements, innovative or specialized childcare and alternative | |
2 | methodologies of childcare delivery, including non-traditional delivery systems and collaborations. | |
3 | (ef) Effective January 1, 2007, all childcare providers licensed childcare centers and | |
4 | licensed family-childcare have the option to be paid every two (2) weeks and have the option of | |
5 | automatic direct deposit and/or electronic funds transfer of reimbursement payments. | |
6 | (f) Effective July 1, 2019, the maximum infant/toddler and preschool-age reimbursement | |
7 | rates to be paid by the departments of human services and children, youth and families for licensed | |
8 | family childcare providers shall be implemented in a tiered manner, reflective of the quality rating | |
9 | the provider has achieved within the state's quality rating system outlined in § 42-12-23.1. Tier one | |
10 | shall be reimbursed two (2) percent above the state fiscal year 2018 weekly amount, tier two shall | |
11 | be reimbursed five (5) percent above the state fiscal year 2018 weekly amount, tier three shall be | |
12 | reimbursed eleven (11) percent above the state fiscal year 2018 weekly amount, tier four shall be | |
13 | reimbursed fourteen (14) percent above the state fiscal year 2018 weekly amount, and tier five shall | |
14 | be reimbursed twenty-three (23) percent above the state fiscal year 2018 weekly amount. | |
15 | SECTION 7. This article shall take effect upon passage. | |
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