Chapter 226
2015 -- H 5348
Enacted 07/10/2015

A N   A C T
RELATING TO HUMAN SERVICES

Introduced By: Representatives Ruggiero, Regunberg, Hearn, Handy, and Shekarchi
Date Introduced: February 05, 2015

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 June 30, 2015, subject to available funding, 2013, the department shall also provide
child care to families with income incomes 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 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 §§ 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 that 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, 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 section, "appropriate child care" means child care,
including infant, toddler, pre-school, nursery school, school-age, that 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 thirty-six (36) 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, 2016 2016, 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 section, "income" for families receiving cash assistance
under § 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 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 § 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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LC001044
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