2014 -- S 2486 SUBSTITUTE A
Enacted 07/08/14
A N A C T
Introduced By: Senators Goldin, Pichardo, Goodwin, and Ruggerio
Date Introduced: February 27, 2014
It is enacted by the General Assembly as follows:
SECTION 1. Section 40-5.2-20 of the General Laws in Chapter 40-5.2 entitled "The Rhode Island Works Program" is hereby amended to read as follows:
40-5.2-20. Child care assistance. -- Families or assistance units eligible for childcare assistance.
(a) The department shall provide appropriate child care to every participant who is eligible for cash assistance and who requires child care in order to meet the work requirements in accordance with this chapter.
(b) Low-Income child care. - The
department shall provide child care to all other working families with incomes
at or below one hundred eighty percent (180%) of the federal poverty level, if
and to the extent such other families require child care in order to work at
paid employment as defined in the department's rules and regulations. Beginning
October 1, 2013, and until January 1, 2015
June 30, 2015, subject to available funding,
the department shall also provide child care to families with income below one
hundred eighty percent (180%) of the federal poverty level if and to the extent
such families require child care to participate on a short term basis, as
defined in the department's rules and regulations, in training, apprenticeship,
internship, on-the-job training, work experience, work immersion, or other job
readiness/job attachment program sponsored or funded by the human resource
investment council (governor's workforce board) or state agencies that are part
of the coordinated program system pursuant to sections 42-102-9 and 42-102-11.
(c) No family/assistance unit shall be eligible for child care assistance under this chapter if the combined value of its liquid resources exceeds ten thousand dollars ($10,000). Liquid resources are defined as any interest(s) in property in the form of cash or other financial instruments or accounts 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. The department is authorized to promulgate rules and regulations to determine the ownership and source of the funds in the joint account.
(d) As a condition of eligibility for child care assistance under this chapter, the parent or caretaker relative of the family must consent to and must cooperate with the department in establishing paternity, and in establishing and/or enforcing child support and medical support orders for all children in the family in accordance with title 15 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.
(e) For purposes of this section "appropriate child care" means child care, including infant, toddler, pre-school, nursery school, school-age, 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.
(f) (1) Families with incomes below one hundred percent (100%) of the applicable federal poverty level guidelines shall be provided with free childcare. Families with incomes greater than one hundred percent (100%) and less than one hundred eighty (180%) of the applicable federal poverty guideline shall be required to pay for some portion of the childcare they receive, according to a sliding fee scale adopted by the department in the department's rules.
(2) For a twelve (12) month period beginning October 1, 2013, the Child Care Subsidy Transition Program shall function within the department of human services. Under this program, families who are already receiving childcare assistance and who become ineligible for childcare assistance as a result of their incomes exceeding one hundred eighty percent (180%) of the applicable federal poverty guidelines shall continue to be eligible for childcare assistance from October 1, 2013 to September 30, 2014 or until their incomes exceed two hundred twenty-five percent (225%) of the applicable federal poverty guidelines, whichever occurs first. To be eligible, such families must continue to pay for some portion of the childcare they receive, as indicated in a sliding fee scale adopted in the department's rules and in accordance with all other eligibility standards.
(g) In determining the type of childcare to be provided to a family, the department shall take into account the cost of available childcare options, the suitability of the type of care available for the child, and the parent's preference as to the type of child care.
(h) For purposes of this section "income" for families receiving cash assistance under section 40-5.2-11 means gross earned income and unearned income, subject to the income exclusions in subdivisions 40-5.2-10(g)(2) and 40-5.2-10(g)(3) and income for other families shall mean gross earned and unearned income as determined by departmental regulations.
(i) The caseload estimating conference established by chapter 17 of title 35 shall forecast the expenditures for childcare in accordance with the provisions of section 35-17-1.
(j) In determining eligibility for child care assistance for children of members of reserve components called to active duty during a time of conflict, the department shall freeze the family composition and the family income of the reserve component member as it was in the month prior to the month of leaving for active duty. This shall continue until the individual is officially discharged from active duty.
SECTION 2. This act shall take effect upon passage.
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LC004431/SUB A
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