2019 -- S 0262

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LC001135

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO HUMAN SERVICES -- THE RHODE ISLAND WORKS PROGRAM

     

     Introduced By: Senators Murray, Bell, Satchell, DiPalma, and Conley

     Date Introduced: February 13, 2019

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 40-5.2-8 and 40-5.2-12 of the General Laws in Chapter 40-5.2

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

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     40-5.2-8. Definitions.

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     (a) As used in this chapter, the following terms having the meanings set forth herein,

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unless the context in which such terms are used clearly indicates to the contrary:

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     (1) "Applicant" means a person who has filed a written application for assistance for

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herself/himself and her/his dependent child(ren). An applicant may be a parent or non parent

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caretaker relative.

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     (2) "Assistance" means cash and any other benefits provided pursuant to this chapter.

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     (3) "Assistance unit" means the assistance filing unit consisting of the group of persons,

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including the dependent child(ren), living together in a single household who must be included in

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the application for assistance and in the assistance payment if eligibility is established. An

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assistance unit may be the same as a family.

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     (4) "Benefits" shall mean assistance received pursuant to this chapter.

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     (5) "Community service programs" means structured programs and activities in which

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cash assistance recipients perform work for the direct benefit of the community under the

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auspices of public or nonprofit organizations. Community service programs are designed to

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improve the employability of recipients not otherwise able to obtain paid employment.

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     (6) "Department" means the department of human services.

 

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     (7) "Dependent child" means an individual, other than an individual with respect to

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whom foster care maintenance payments are made, who is: (A) under the age of eighteen (18); or

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(B) under the age of nineteen (19) and a full-time student in a secondary school (or in the

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equivalent level of vocational or educational training), if before he or she attains age nineteen

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(19), he or she may reasonably be expected to complete the program of such secondary school (or

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such training).

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     (8) "Director" means the director of the department of human services.

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     (9) "Earned income" means income in cash or the equivalent received by a person

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through the receipt of wages, salary, commissions, or profit from activities in which the person is

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self-employed or as an employee and before any deductions for taxes.

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     (10) "Earned income tax credit" means the credit against federal personal income tax

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liability under § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32, or any successor

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section, the advanced payment of the earned income tax credit to an employee under § 3507 of

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the code, 26 U.S.C. § 3507, or any successor section and any refund received as a result of the

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earned income tax credit, as well as any refundable state earned income tax credit.

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     (11) "Education directly related to employment" means education, in the case of a

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participant who has not received a high school diploma or a certificate of high school

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equivalency, related to a specific occupation, job, or job offer.

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     (12) "Family" means: (A) a pregnant woman from and including the seventh month of

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her pregnancy; or (B) a child and the following eligible persons living in the same household as

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the child: (C) each biological, adoptive or stepparent of the child, or in the absence of a parent,

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any adult relative who is responsible, in fact, for the care of such child; and (D) the child's minor

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siblings (whether of the whole or half blood); provided, however, that the term "family" shall not

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include any person receiving benefits under title XVI of the Social Security Act, 42 U.S.C. §

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1381 et seq. A family may be the same as the assistance unit.

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     (13) "Gross earnings" means earnings from employment and self-employment further

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described in the department of human services rules and regulations.

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     (14) "Individual employment plan" means a written, individualized plan for employment

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developed jointly by the applicant and the department of human services that specifies the steps

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the participant shall take toward long-term economic independence developed in accordance with

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subsection 40-5.2-10(e). A participant must comply with the terms of the individual employment

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plan as a condition of eligibility in accordance with subsection 40-5.2-10(e) of this chapter.

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     (15) "Job search and job readiness" means the mandatory act of seeking or obtaining

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employment by the participant, or the preparation to seek or obtain employment.

 

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     In accord with federal requirements, job search activities must be supervised by the

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department of labor and training and must be reported to the department of human services in

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accordance with TANF work verification requirements.

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     Except in the context of rehabilitation employment plans, and special services provided

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by the department of children, youth and families, job search and job readiness activities are

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limited to four (4) consecutive weeks, or for a total of six (6) weeks in a twelve (12) month

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period, with limited exceptions as defined by the department. The department of human services

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in consultation with the department of labor and training shall extend job search, and job

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readiness assistance for up to twelve (12) weeks in a fiscal year if a state has an unemployment

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rate at least fifty percent (50%) greater than the United States unemployment rate if the state

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meets the definition of a "needy state" under the contingency fund provisions of federal law.

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     Preparation to seek employment, or job readiness, may include, but may not be limited to,

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the participant obtaining life skills training, homelessness services, domestic violence services,

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special services for families provided by the department of children youth and families, substance

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abuse treatment, mental health treatment, or rehabilitation activities as appropriate for those who

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are otherwise employable. Such services, treatment or therapy must be determined to be

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necessary and certified by a qualified medical or mental health professional. Intensive work

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readiness services may include work-based literacy, numeracy, hands-on training, work

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experience and case management services. Nothing in this section shall be interpreted to mean

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that the department of labor and training shall be the sole provider of job readiness activities

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described herein.

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     (16) "Job skills training directly related to employment" means training or education for

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job skills required by an employer to provide an individual with the ability to obtain employment

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or to advance or adapt to the changing demands of the workplace. Job skills training directly

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related to employment must be supervised on an ongoing basis.

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     (17) "Net income" means the total gross income of the assistance unit less allowable

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disregards and deductions as described in subsection 40-5.2-10(g).

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     (18) "Minor parent" means a parent under the age of eighteen (18). A minor parent may

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be an applicant or recipient with his or her dependent child(ren) in his/her own case or a member

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of an assistance unit with his or her dependent child(ren) in a case established by the minor

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parent's parent.

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     (19) "On-the-job-training" means training in the public or private sector that is given to a

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paid employee while he or she is engaged in productive work and that provides knowledge and

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skills essential to the full and adequate performance of the job. On-the-job training must be

 

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supervised by an employer, work site sponsor, or other designee of the department of human

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services on an ongoing basis.

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     (20) "Participant" means a person who has been found eligible for assistance in

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accordance with this chapter and who must comply with all requirements of this chapter, and has

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entered into an individual employment plan. A participant may be a parent or non-parent

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caretaker relative included in the cash assistance payment.

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     (21) "Recipient" means a person who has been found eligible and receives cash assistance

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in accordance with this chapter.

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     (22) "Relative" means a parent, stepparent, grandparent, great grandparent, great-great

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grandparent, aunt, great aunt, great-great aunt, uncle, great-uncle, great-great uncle, sister,

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brother, stepbrother, stepsister, half-brother, half-sister, first cousin, first cousin once removed,

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niece, great niece, great-great niece, nephew, great nephew, or great-great nephew.

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     (23) "Resident" means a person who maintains residence by his or her continuous

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physical presence in the state.

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     (24) "Self-employment income" means the total profit from a business enterprise,

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farming, etc., resulting from a comparison of the gross receipts with the business expenses, i.e.,

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expenses directly related to producing the goods or services and without which the goods or

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services could not be produced. However, items such as depreciation, personal business and

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entertainment expenses, and personal transportation are not considered business expenses for the

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purposes of determining eligibility for cash assistance in accordance with this chapter.

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     (25) "State" means the State of Rhode Island and Providence Plantations.

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     (26) "Subsidized employment" means employment in the private or public sectors for

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which the employer receives a subsidy from TANF or other public funds to offset some or all of

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the wages and costs of employing a recipient. It includes work in which all or a portion of the

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wages paid to the recipient are provided to the employer either as a reimbursement for the extra

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costs of training or as an incentive to hire the recipient, including, but not limited to, grant

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diversion.

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     (27) "Subsidized housing" means housing for a family whose rent is restricted to a

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percentage of its income.

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     (28) "Unsubsidized employment" means full or part-time employment in the public or

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private sector that is not subsidized by TANF or any other public program.

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     (29) "Vocational educational training" means organized educational programs, not to

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exceed twelve (12) months with respect to any participant, that are directly related to the

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preparation of participants for employment in current or emerging occupations. Vocational

 

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educational training must be supervised.

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     (30) "Work experience" means a work activity that provides a participant with an

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opportunity to acquire the general skills, training, knowledge, and work habits necessary to obtain

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employment. The purpose of work experience is to improve the employability of those who

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cannot find unsubsidized employment. An employer, work site sponsor, and/or other appropriate

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designee of the department must supervise this activity.

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     (31) "Work supplementation" also known as "grant diversion" means the use of all or a

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portion of a participant's cash assistance grant and food stamp grant as a wage supplement to an

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employer. Such a supplement shall be limited to a maximum period of twelve (12) months. An

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employer must agree to continue the employment of the participant as part of the regular work

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force, beyond the supplement period, if the participant demonstrates satisfactory performance.

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     (32) "Work activities" mean the specific work requirements which must be defined in the

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individual employment plan and must be complied with by the participant as a condition of

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eligibility for the receipt of cash assistance for single and two (2) family households outlined in §

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40-5.2-12 of this chapter.

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     40-5.2-12. Work requirements for receipt of cash assistance.

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     (a) The department of human services and the department of labor and training shall

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assess the applicant/parent or non-parent caretaker relative's work experience, educational, and

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vocational abilities, and the department, together with the parent, shall develop and enter into a

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mandatory, individual employment plan in accordance with § 40-5.2-10(e) of this chapter.

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

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

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

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

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

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

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

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

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

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

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

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

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

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the supportive services that will be provided by the department to enable the participant to engage

 

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in the work activity(ies).

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

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

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

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

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

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

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

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

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

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

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the following ten (10) work activities:

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     (A) Unsubsidized employment;

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     (B) Subsidized, private-sector employment;

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     (C) Subsidized, public-sector employment;

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     (D) Work experience;

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     (E) On-the-Job Training;

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     (F) Job search and job readiness;

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     (G) Community service programs;

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

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however, that a participant who successfully completes his/her first year of education at the

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Community College of Rhode Island, may participate in vocational education for an additional

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twelve (12) months;

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

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approved community service program; and

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     (J) Adult education in an intensive work readiness program.

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

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

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     (A) Job skills training directly related to employment;

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     (B) Education directly related to employment; and

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

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

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high school diploma or General Equivalence Diploma (GED).

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

 

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

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

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

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

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

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

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

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

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

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developed with the office of rehabilitative services that leads to employment and/or to receipt of

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disability benefits through the Social Security Administration.

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

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

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

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

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outlined in § 40-5.2-12(g) above shall not apply to a single parent if (and for so long as) the

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department finds that he or she is:

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

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

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

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

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exempt for more than twelve (12) weeks from the birth of the child;

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

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care;

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

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

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Administration;

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

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by the department in accordance with rules and regulations;

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

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

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

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promulgated by the department.

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     (i) Work requirement for two-parent families.

 

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     (1) In families consisting of two (2) parents, one or both parents are required, and shall be

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engaged in, work activities as defined below, for an individual or combined total of at least thirty-

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five (35) hours per week during the month, not fewer than thirty (30) hours per week of that are

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attributable to one or more of the following listed work activities; provided, however, that he or

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she shall begin with intensive employment services as the first step in the Individual Employment

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Plan. Two-parent work requirements shall be defined as the following:

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     (A) Unsubsidized employment;

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     (B) Subsidized private-sector employment;

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     (C) Subsidized public-sector employment;

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     (D) Work experience;

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     (E) On-the-job training;

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     (F) Job search and job readiness;

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     (G) Community service program;

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

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however, that a participant who successfully completes his/her first year of education at the

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Community College of Rhode Island may participate in vocational education for an additional

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twelve (12) months;

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

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a community service program; and

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     (J) Adult education in an intensive work readiness program.

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

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participation:

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     (A) Job skills training directly related to employment;

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     (B) Education directly related to employment; and

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

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certificate of general equivalence.

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     (3) A family with two (2) parents, in which one or both parents participate in a work

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

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

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

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

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

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

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family engaged in work for the month.

 

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

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in the activities listed in § 40-5.2-12(i)(1).

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     Above fifty (50) hours per week, the three (3) activities listed in § 40-5.2-12(i)(2) may

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also count as participation.

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     (6) A family with two (2) parents receiving child care in which one or both parents

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

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

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

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

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must be satisfied in some other TANF work activity.

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

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

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department finds that:

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

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

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

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

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regulations.

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

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

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

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

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

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

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

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

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

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month in which the parent: (i) Enters into an individual employment plan or rehabilitation plan

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and demonstrates compliance with the terms thereof; or (ii) Demonstrates compliance with the

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

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be amended by agreement of the parent and the department.

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

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

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

 

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

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

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department in rules and regulations duly promulgated.

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

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

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

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

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

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

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

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

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the employment or rehabilitation plan requirements under this chapter: (1) Enter into an

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

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terms thereof, or (2) Demonstrate compliance with the terms of the parent's individual

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

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

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

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

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

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

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

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

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federal Social Security Act, 42 U.S.C. § 601 et seq.), the Family Independence Program, more

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specifically, § 40-5.1-9(2)(c), due to failure to comply with the cash assistance program

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

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time of closure, and who reapply for cash assistance under the Rhode Island works program, must

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demonstrate full compliance, as defined by the department in its rules and regulations, before they

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shall be eligible for cash assistance pursuant to this chapter.

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

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

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and regulations promulgated by the department of human services.

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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 -- THE RHODE ISLAND WORKS PROGRAM

***

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     This act would remove the condition that there needs to be a reasonable expectation that a

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19 year old will complete a program in secondary school in order to qualify as a dependent child.

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The act would also provide that a participant who completes his/her first year at CCRI may

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qualify for an additional 12 months of vocational training.

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     This act would take effect upon passage.

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