ARTICLE 32 SUBSTITUTE A AS AMENDED

RELATING TO HUMAN SERVICES -- FAMILY INDEPENDENCE ACT

SECTION 1. Sections 40-5.1-8, 40-5.1-9, 40-5.1-17 and 40-5.1-18 of the General Laws in Chapter 40-5.1 entitled “Family Independence Act” are hereby amended to read as follows:

§ 40-5.1-8.  Eligibility for cash assistance. – (a)(1) Except as otherwise provided for in this section, no person shall be included in any family for purposes of determining eligibility for or the amount of cash to which a family is entitled under this chapter, unless the person is a resident of the state and is: (A) either a citizen; or (B) lawfully admitted for permanent residence before August 22, 1996, or (C) otherwise lawfully entitled to reside in the United States before August 22, 1996 and is determined to have a status within the meaning of the term "qualified alien", or an exception thereto, under § 402(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193), and as that section may hereafter be amended; or (D) an alien who on or after August 22, 1996 is determined to have a status within the meaning of the term "qualified alien", or an exception thereto, under § 402(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193), and as that section may hereafter be amended.

 (2) An alien who does not meet the citizenship or alienage criteria in subsection (a)(1) above, who was lawfully residing in the United States before August 22, 1996 and who is a resident of this state prior to July 1, 1997, shall be eligible for cash assistance under this chapter without regard to the availability of federal funding; provided, however, that the person meets all other eligibility requirements under this chapter.

 (3) No person shall be ineligible for assistance payments under this chapter due solely to the restricted eligibility rules otherwise imposed by section 115(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193) and as that section may hereafter be amended.

 (b) No family shall be eligible for assistance payments if the combined value of its available resources (reduced by any obligations or debts with respect to such resources) exceed one thousand dollars ($1,000). For purposes of this subsection, the following shall not be counted as resources of the family:

 (1) The home owned and occupied by a child, parent, relative or other individual;

 (2) Real property owned by a husband and wife as tenants by the entirety, if the property is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in the property;

 (3) Real property which the family is making a good faith effort to dispose of, but any aid payable to the family for any such period shall be conditioned upon such disposal and any payments of aid for that period shall (at the time of disposal) be considered overpayments to the extent that they would not have occurred at the beginning of the period for which the payments were made. Any overpayments that may have occurred are debts subject to recovery in accordance with the provisions of § 40-5.1-28;

 (4) Income producing property other than real estate including but not limited to equipment such as farm tools, carpenter's tools and vehicles used in the production of goods or services which the department determines are necessary for the family to earn a living;

 (5) One (1) vehicle for each adult household member but not to exceed two (2) vehicles per household, and in addition, a vehicle used primarily for income producing purposes such as but not limited to a taxi, truck or fishing boat; a vehicle used as a family's home; a vehicle which annually produces income consistent with its fair market value, even if only used on a seasonal basis; a vehicle necessary to transport a family member with a disability where the vehicle is specially equipped to meet the specific needs of the person with a disability or if the vehicle is a special type of vehicle that makes it possible to transport the person with a disability;

 (6) Household furnishings and appliances, clothing, personal effects and keepsakes of limited value;

 (7) Burial plots (one for each child, relative, and other individual), and funeral arrangements;

 (8) For the month of receipt and the following month, any refund of federal income taxes made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32, (relating to earned income tax credit), and any payment made to the family by an employer under § 3507 of the Internal Revenue Code of 1986, 26 U.S.C. § 3507 (relating to advance payment of such earned income credit);

 (9) The resources of any family member receiving supplementary security income assistance under the Social Security Act, 42 U.S.C. § 301 et seq.

 (c) [Deleted by P.L. 2003, ch. 376, art. 12, § 1.]

 (d) (1) Except as otherwise provided for in this section, no person shall be included in any family for purposes of determining eligibility for or the amount of cash to which a family is entitled under this chapter, if that person after attaining eighteen (18) years of age, has received cash assistance under this chapter for a total of sixty (60) months (whether or not consecutive) to include any time receiving family cash assistance in any other state or territory of the United States of America as defined herein. The limitation in the preceding sentence only shall apply only if required by federal statute or regulation.

Family cash assistance in any other state or territory of the United States of America shall be determined by the Department of Human Services and shall include family cash assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds [Title IV-A of the federal Social Security Act, 42 U.S.C. section 601 et seq.] and/or family cash assistance provided under a program similar to the Family Independence Act or the federal TANF program.

(2) In calculating the sixty (60) month limit imposed in subsection (d)(1), the department shall disregard any month for which assistance was provided with respect to a minor parent or minor pregnant woman during those months when the individual was a minor child, or a parent employed an average of thirty (30) or more hours per week during a month in a single parent family, or an average of thirty-five (35) hours per week during a month for a two (2) parent family.

(3) The department may exempt a family from the application of subsection (d)(1) or (d)(2) by reason of hardship; provided, however, that the number of such families to be exempted by the department under this subsection shall not exceed twenty percent (20%) of the average monthly number of families to which assistance is provided for under this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by federal law any waiver granted under § 40-5.1-46(a) shall not be counted in determining the twenty percent (20%) maximum under this section.

  (e) Notwithstanding any other provision of this chapter, the amount of cash to which a family is entitled under the chapter shall be reduced by thirty percent (30%) until the family has been a resident of the state for twelve (12) consecutive months; provided, however, that no member of the family who has been a resident of the state for twelve (12) consecutive months or longer shall have his or her benefit reduced under this subsection.

(f) A family:

(i) Consisting of a parent who is under the age of eighteen (18) (minor parent); and

(ii) Who has never been married; and

(iii) Who has a child, or a family which consists of a woman under the age of eighteen (18) who is at least six months pregnant (pregnant minor), shall be eligible for cash assistance only if such family resides in the home of a parent, legal guardian or other adult relative. Such assistance shall be provided to the parent, legal guardian, or other adult relative on behalf of the individual and child unless otherwise authorized by the department.

(2) Subdivision (1) shall not apply if:

(i) The minor parent or pregnant minor has no parent, legal guardian or other adult relative who is living and or whose whereabouts are known;

(B) The department determines that the physical or emotional health or safety of the minor parent, or his or her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same residence as his or her parent, legal guardian or other adult relative (refusal of a parent, legal guardian or other adult relative to allow the minor parent or his or her child, or a pregnant minor, to live in his or her home shall constitute a rebutable presumption that the health or safety would be so jeopardized);

(C) The minor parent or pregnant minor has lived apart from his or her own parent or legal guardian for a period of at least one year before either the birth of any child to a minor parent or the onset of the pregnant minor's pregnancy; or

(D) There is good cause, under departmental regulations, for waiving the subsection; and

(ii) The individual resides in supervised supportive living arrangement to the extent available. For purposes of this section "supervised supportive living arrangement" means an arrangement which:

(A) Requires teen parents to enroll and make satisfactory progress in a program leading to a high school diploma or a general education development certificate;

(B) Requires teen parents to participate in the adolescent parenting program established in chapter 19 of this title to the extent the program is available; and

(C) Provides rules and regulations which insure regular adult supervision.

(g) As a condition of eligibility for cash and medical assistance under this chapter, each adult member of the family has:

(1) Assigned to the state any rights to support for children within the family from any person which the family member has at the time the assignment is executed or may have while receiving assistance under this chapter;

(2) Consented to and is cooperating with the state in establishing the paternity of a child born out of wedlock with respect to whom assistance is claimed, and in obtaining support payments for the family member with respect to whom the aid is claimed, or in obtaining any other payments or property due any family member, unless the applicant is found to have good cause for refusing to comply with the requirements of this subsection.

Absent good cause for refusing to comply with the requirements of this subsection, the amount of cash a family is otherwise entitled shall be reduced by twenty-five percent (25%) until the adult member of the family who has refused to comply with the requirements of this subsection consents to and cooperates with the state in accordance with the requirements of this subsection.

(3) Consented to and is cooperating with the state in identifying, and providing information to assist the state in pursuing any third party who may be liable to pay for care and services under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.

(h) As a condition of eligibility for cash assistance to a family under this chapter, the parent(s), unless otherwise exempt under this chapter, must enter into an individual employment plan in accordance with section 40-5.1-9(c). This condition of eligibility shall apply to applications for assistance filed on or after July 1, 2006 and to current recipients at the time of their next redetermination of eligibility occurring on or after July 1, 2006.

§ 40-5.1-9.  Cash assistance. – (a) Entitlement to cash assistance. A family found by the department to meet the eligibility criteria set forth in this chapter shall be entitled to receive cash assistance from the date of submitting a signed application. The family members shall be eligible for cash assistance for so long as they continue to meet the eligibility criteria and parents shall be eligible so long as they meet the terms and conditions of the work requirements of subsection (c). The monthly amount of cash assistance shall be equal to the payment standard for the family minus the countable income of the family in that month. The department is authorized to reduce the amount of assistance in the month of application to reflect the number of the days between the first (1st) day of the month and the effective date of the application.

(b) (1) Payment standard. The payment standard is equal to the sum of the following: three hundred twenty-seven dollars ($327) (two hundred seventy-seven dollars ($277) for a family residing in subsidized housing) for the first person, one hundred twenty-two dollars ($122) for the second person, one hundred five dollars ($105) for the third person and eighty dollars ($80) for each additional person.

(c) Work requirements . (1) No more than forty-five (45) days following the date on which a family has been notified by the department in writing that it is eligible for cash assistance under the act, Effective for applications filed on or after July 1, 2006 and to current recipients at the time of their next redetermination of eligibility on or after July 1, 2006, the department shall develop a family financial plan pursuant to § 40-5.1-5 and, unless the parent is exempt from work pursuant to paragraph (iv), the department shall assess the parent's educational and vocational abilities, and the department and the parent shall jointly develop and enter into an individual employment plan pursuant to § 40-5.1-5 within thirty (30) days of the filing of an application for assistance. In the case of a family including two (2) parents, the department may develop an employment plan for each any parent not otherwise required under this chapter to enter into an employment plan if the parents so requests.

   (2) The employment plan shall specify the parent's work activity and the supportive services which will be provided by the department to enable the parent to engage in the work activity.

   (i) During the first twenty-four (24) months of the employment plan, the parent shall participate, for a minimum of twenty (20) hours per week for parents whose youngest child in the home is under the age of six (6), and for a minimum of thirty (30) hours per week for parents whose youngest child in the home is six (6) years of age or older, in one or more of the following work activities, as appropriate, in order to help the parent obtain stable full-time paid employment:

(A) Paid employment, (including on-the-job training);

(B) A community work experience in a program which satisfies the requirements of § 40-5.1-23;

(C) A training or work readiness program approved by the department and conducted at a job site if the program involves supervised participation in work at the site;

(D) During the first six (6) months of eligibility (or for a longer period if the department determines it necessary to prepare the parent to obtain stable full-time employment), successful participation in an approved work readiness program as defined in § 40-5.1-22;

(E) During the first three (3) months of eligibility (or for a longer period if the department determines it necessary to prepare the parent to obtain stable full-time employment), participation in an approved rapid job placement program as defined in § 40-5.1-20;

(F) A supervised individual job search, which meets the conditions set forth in § 40-5.1-21;

(G) For a parent under the age of twenty (20) without a high school diploma or the equivalent, successful participation on a full-time basis in a program to secure such diploma or the equivalent;

(H) For a parent age twenty (20) or older, without basic literacy or English literacy skills, successful participation on a full time basis in a program to secure such skills; and

(I) For a parent age twenty (20) or older (and a parent under the age of twenty (20) who has a high school degree or the equivalent or a parent under the age of twenty (20) for whom attendance at a high school is determined to be inappropriate) successful participation in a vocational education, skills or job training program, including without limitation, a program of postsecondary education, which the department determines is likely to result in regular full-time employment at wages sufficient to eliminate eligibility for cash assistance under the act.

(ii) Beginning with the twenty-fifth (25th) month of the employment plan, the parent shall participate in one or more of the following work activities for at least twenty (20) hours per week for parents whose youngest child in the home is under the age of six (6) and thirty (30) hours per week for parents whose youngest child in the home is six (6) years of age or older, at least twenty (20) hours shall be one or more of the following activities and the balance shall be in activities designed to help the parent obtain or maintain unsubsidized employment or increase the parent's earning potential:

(A) Paid employment (including on-the-job training);

(B) A community work experience program which satisfies the requirements of § 40-5.1-23;

(C) A training program approved by the department and conducted at a job site if the program involves supervised participation in work at the site.

(D) A supervised individual or group job search not to exceed four (4) weeks, which meets the conditions set forth in § 40-5.1-21; or participation in an approved rapid job placement program as defined in § 40-5.1-20.

 (iii) The following parents shall be deferred from the participation requirement in paragraph (ii):

 (A) A parent under the age of twenty (20) without a high school diploma or the equivalent who is successfully participating, on a full-time basis, in a program to secure such diploma or the equivalent;

  (B) A single parent age twenty (20) or older, without basic literacy or English language skills, who: (I) is participating in a full-time program but is unable to complete a literacy or language skills program during the first twenty-four (24) months of his or her employment plan, or (II) who the department has determined is unable to secure paid employment without additional language or literacy skills, and who is successfully participating in a program to secure such skills;

  (C) A parent age twenty (20) years or older, who is successfully participating in a vocational education, skills or job training program, including without limitation, a program of postsecondary education, which the department determines is likely to result in regular full-time employment at wages sufficient to eliminate eligibility for cash assistance under the act; provided, however, that the parent began the program prior to the twenty-fifth (25th) month of his or her employment plan, provided, further, however, that participation shall not be deemed a work activity after the thirty-sixth (36th) month of the employment plan; 

(D) Upon completion of any activity in subparagraphs (A)–(C), the parent shall be subject to the work activity requirements of paragraph (ii).

 (iv) Paragraphs (i) and (ii) shall not apply to a single parent if (and for so long as) the department finds that he or she is:

 (A) Unable to comply with the employment plan because of an illness which, on the basis of medical evidence, is serious enough to temporarily prevent work;

 (B) Unable to comply with the employment plan because of a physical or mental impairment which, on the basis of medical evidence, either by itself or in conjunction with age, prevents work;

 (C) Unable to comply with the employment plan because of the illness or incapacity of a minor child or spouse who requires full-time in-home care, and for whom the person is providing care;

 (D) Caring for a child below the age of one; provided, however, that a minor parent without a high school diploma or the equivalent, and who is not married, shall not be exempt from subparagraph (i)(G) for more than twelve (12) weeks from the birth of the child;

 (E) Sixty (60) years of age or older;

 (F) A pregnant woman in her third trimester;

 (G) Otherwise exempt by the department.

 (v) (A) The amount of cash assistance to which an otherwise eligible family is entitled under the act, shall be reduced by the portion of the family's benefit attributable to any parent who, without good cause, has failed to enter into an individual employment plan or has failed to comply with his or her individual employment plan, as required under this chapter; provided that the reduction shall be applied during the first eighteen (18) six (6) months, whether or not consecutive, of such failure or non-compliance by the parent.

 (B) The department shall terminate cash assistance to a family if any parent in the family has failed, without good cause, to enter into an individual employment plan or to comply with his or her individual employment plan, for eighteen (18) six (6) months, whether or not consecutive.

 (C) For purposes of paragraph (v) the benefit reduction for a family size of two (2) shall be computed utilizing a family size of three (3).

 (vi) (A) If the family's benefit has been reduced in accordance with paragraph (v)(A) for less than eighteen (18) six (6) months, whether or not consecutive, due to the parent's failure to enter into an individual employment plan or failure to comply with the terms of his or her individual employment plan, benefits shall be restored to the full amount beginning with the initial payment made on the first of the month following the month in which the parent (1) enters into an individual employment plan and demonstrates compliance with the terms thereof, or (2) demonstrates compliance with the terms of his or her existing individual employment plan, as such plan may be amended by agreement of the parent and the department.

   (B) If the family's benefit has been terminated in accordance with paragraph (v)(B) due to the failure by one or more parents to enter into an individual employment plan or failure to comply with the terms of his or her individual employment plan, the family may re-apply for benefits and benefits shall be restored to the family in the full amount the family is otherwise entitled to under this chapter beginning on the first of the month following the month in which all parents in the family who are subject to the employment plan requirements under this chapter (1) enter into an individual employment plan and demonstrate compliance with the terms thereof, or (2) demonstrate compliance with the terms of the parent's individual employment plan in effect at the time of termination of benefits, as such plan may be amended by agreement of the parent and the department.

   (vii) Notwithstanding paragraphs (i) and (ii) of this subsection, in the case of a family consisting of two (2) parents, (except as provided in paragraph (xi) below), beginning seven (7) days following completion of the family financial plan and the individual employment plan(s), or as soon as practical thereafter, one parent shall be engaged in work activities for at least thirty-five (35) hours per week during the month, not fewer than thirty (30) hours per week of which are attributable to one or more of the following activities:

 (A) Unsubsidized employment;

 (B) Subsidized private sector employment;

 (C) Subsidized public sector employment;

 (D) Work experience if sufficient private sector employment is not available;

 (E) On-the-job training;

 (F) Job search and job readiness assistance A supervised individual or group job search not to exceed four (4) weeks, which meets the conditions set forth in § 40-5.1-21; or participation in an approved rapid job placement program as defined in § 40-5.1-20;

  (G) Community service program;

  (H) Vocational educational training (not to exceed twelve (12) months with respect to any individual); or

  (I) The provision of child care services to an individual who is participating in a community service program.

  Moreover, in the case of a two (2) parent family wherein one parent is engaged for at least thirty-five (35) hours per week in the work activities specified immediately above, and if the family requests child care assistance under this chapter, and an adult in the family is not disabled or caring for a severely disabled child, the second parent must be engaged in work activities during the month for not fewer than twenty (20) hours per week in one or more of the following activities:

 (A) Unsubsidized employment;

 (B) Subsidized private sector employment;

 (C) Subsidized public sector employment;

 (D) Work experience if sufficient private sector employment is not available;

 (E) On-the-job training; or

 (F) Community service programs;

 (viii) Paragraph (vii) shall not apply:

 (A) To a parent who is ill and the department determines on the basis of medical evidence that the illness is serious enough to temporarily prevent entry into employment or engaging in the activities listed in paragraph (vii) or to provide care for his or her children; or

 (B) To a parent who is incapacitated by a physical or mental impairment which the department has determined on the basis of medical evidence either by itself or in conjunction with age, prevents the individual from engaging in employment or training or providing care for his or her children; or

 (C) To a parent who is providing full-time in-home care to a minor child or parent who, due to illness or incapacity, requires full-time in-home care; or

 (D) If otherwise authorized by the department for cause.

(ix) (E) If, during any month, a parents required to comply with paragraph (vii) fail, without good cause to do so, the family shall be deemed for all purposes under this section to include only one parent. The parent included in the family shall be the parent which the department determines has accepted primary responsibility for child care. Tthe second parent included in the family, unless exempt pursuant to paragraph (iv), shall be required to comply with paragraphs (i) and (ii) (vii) of this subsection and shall be subject to the penalties in paragraphs (v) and (vi), as applicable, if the parent fails to do so. Notwithstanding the foregoing, in determining the amount of cash assistance to which a family is entitled under this chapter, the earnings of any parent living in the same household as a family eligible for cash assistance, shall be deemed to be earned income of the family for purposes of § 40-5.1-10(b).

(ix) A parent's failure, without good cause, to accept a bona fide offer of work, including full-time, part-time and/or temporary employment, or unpaid community service, to the extent the offer of work is not inconsistent with the employment plan shall be deemed a failure to comply with this section, provided that:

(A) The parent is able to perform the work offered; and

(B) Appropriate child care (as defined in subsection (e) hereof) is made available to the parent.

(xi) A two (2) parent family that includes a disabled parent shall be considered to be a single parent family for purposes of applying the work requirements of paragraphs (i) and (ii).

(d) Child care. Notwithstanding any other provision of this section, no single parent, or both parents meeting the requirements of paragraph (vii), shall be required to work to the extent that appropriate child care is necessary for the parent to do so and the department determines that such appropriate child care is unavailable for fiscal or other reasons. For purposes of this section "appropriate child care" means child care which is provided by a person or organization qualified and authorized to provide such care by the department of children, youth, and families or such other lawful providers as determined by the department of children, youth, and families. Child care shall be considered "necessary" under this section for any child below the age of thirteen (13), or any children age thirteen (13) years or older who are under supervision of the family court or who require care because of a physical or mental impairment.

(e) Work expenses. The department shall provide an allowance for transportation costs necessary to comply with the employment plan, provided, however, that the amount of such reimbursement shall not exceed the sum of three dollars ($3.00) per day.

§ 40-5.1-17.  Families eligible for child care assistance. – (a) (1) The department shall provide appropriate child care to every parent who requires child care in order to meet the work requirements in § 40-5.1-9 and to all other families with incomes at or below one hundred eighty-five percent (185%) of the federal poverty line, if and to the extent such other families require child care in order to work at paid employment; provided, however, that effective January 1, 1999, the department shall provide appropriate child care to such other families whose incomes are at or below two hundred percent (200%) of the federal poverty line; effective July 1, 1999, the department shall provide appropriate child care to such other families whose incomes are at or below two hundred twenty-five percent (225%) of the federal poverty line.

(2) No family shall be eligible for child care assistance under this chapter if the combined value of its liquid resources exceeds ten thousand dollars ($10,000). Liquid resources are defined as any interest(s) in property in the form of cash or other financial instruments or accounts which are readily convertible to cash or cash equivalents. These include, but are not limited to, cash, bank, credit union, or other financial institution savings, checking and money market accounts, certificates of deposit or other time deposits, stocks, bonds, mutual funds, and other similar financial instruments or accounts. These do not include educational savings accounts, plans, or programs; retirement accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse, living outside the same household but only to the extent the applicant/recipient family documents the funds are from sources owned by the other adult living outside the household, plus the proportionate share of any interest, dividend or capital gains thereon. The department is authorized to promulgate rules and regulations to determine the ownership and source of the funds in the joint account.

(3) As a condition of eligibility for child care assistance under this chapter, the parent or caretaker relative of the family must consent to and must cooperate with the department in establishing paternity, and in establishing and/or enforcing child support and medical support orders for all children in the family in accordance with title 15 of the general laws, as amended, unless the parent or caretaker relative is found to have good cause for refusing to comply with the requirements of this subsection.

   (b) For purposes of this section "appropriate child care" means child care, including infant/toddler, pre-school, nursery school, school-age, and youth care, which is provided by a person or organization qualified, approved, and authorized to provide such care by the department of children, youth, and families, or by the department of elementary and secondary education, or such other lawful providers as determined by the department of human services, in cooperation with the department of children, youth and families and the department of elementary and secondary education, subject to the following age limitations:

(1) Through December 31, 1998, for a child below the age of thirteen (13), or children age thirteen (13) years or older who are under supervision of the family court or who require care because of a physical or mental impairment;

(2) Effective January 1, 1999, for a child below the age of fifteen (15);

(3) Effective July 1, 1999, for a child below the age of sixteen (16).

(c) The department of human services shall determine rates of reimbursement for child care services for children over the age of twelve (12) in accordance with the provisions of § 40-6.2-1.1(d).

For purposes of this section "appropriate child care" is defined in § 40-5.1-9(d).

(d) Families with incomes below one hundred percent (100%) of the applicable federal poverty guidelines shall be provided with free child care. Families with incomes equal to or greater than one hundred percent (100%) of the applicable federal poverty guideline shall be required to pay for some portion of the child care they receive, according to a sliding fee scale adopted by the department.

(e) In determining the type of child care to be provided to a family, the department shall take into account the cost of available child care options and the suitability of the type of care available for the child and the parent's preference as to the type of child care.

(f) For purposes of this section "income" for families receiving cash assistance under § 40-5.1-9 means gross earned income and unearned income, subject to the income exclusions in § 40-5.1-10(b) and § 40-5.1-10(c); and income for other families shall mean gross earned and unearned income as determined by departmental regulations.

(g) The entitlement provided for in subsection (a) shall be an entitlement to payment of a subsidy for child care to an appropriate child care provider as defined in subsection (b). The caseload estimating conference established by chapter 17 of title 35 shall forecast the expenditures for child care in accordance with the provisions of § 35-17-1.

§ 40-5.1-19.  Eligibility for medical benefits. – (a) Every member of any family eligible for cash assistance under this chapter shall be categorically eligible for medical assistance through the RIte Care or RIte Share programs, as determined by the department.

 (b) If a family becomes ineligible for cash assistance payments under this act on account of excess earnings from employment, the family shall continue to be eligible for medical assistance through the RIte Care or RIte Share program for a period of eighteen (18) twelve (12) months or until employer paid family health care coverage begins.

 (c) A parent who becomes ineligible for RIte Care under this section and who is not eligible for employer paid medical coverage due to a prior existing condition, or is otherwise uninsurable as determined by the department, shall be entitled to purchase RIte Care coverage in accordance with contribution rates to be established by the department.

SECTION 2. This article shall take effect July 1, 2006.