2013 -- S 0119

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LC00640

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO HUMAN SERVICES -- RHODE ISLAND WORKS PROGRAM--

COMPULSORY ATTENDANCE

     Introduced By: Senators Picard, and Pearson

     Date Introduced: January 24, 2013

     Referred To: Senate Education

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 40-5.2-10 of the General Laws in Chapter 40-5.2 entitled "The

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Rhode Island Works Program" is hereby amended to read as follows:

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     40-5.2-10. Necessary requirements and conditions. -- The following requirements and

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conditions shall be necessary to establish eligibility for the program.

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      (a) Citizenship, alienage and residency requirements.

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      (1) A person shall be a resident of the State of Rhode Island.

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      (2) Effective October 1, 2008 a person shall be a United States citizen, or shall meet the

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alienage requirements established in section 402(b) of the Personal Responsibility and Work

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Opportunity Reconciliation Act of 1996, PRWORA, Public Laws No. 104-193 and as that section

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may hereafter be amended; a person who is not a United States citizen and does not meet the

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alienage requirements established in PRWORA, as amended, is not eligible for cash assistance in

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accordance with this chapter.

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      (b) The family/assistance unit must meet any other requirements established by the

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department of human services by rules and regulations adopted pursuant to the Administrative

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Procedures Act, as necessary to promote the purpose and goals of this chapter.

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      (c) Receipt of cash assistance is conditional upon compliance with all program

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requirements.

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      (d) All individuals domiciled in this state shall be exempt from the application of

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subdivision 115(d)(1)(A) of Public Law 104-193, the Personal Responsibility and Work

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Opportunity Reconciliation Act of 1996, PRWORA, which makes any individual ineligible for

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certain state and federal assistance if that individual has been convicted under federal or state law

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of any offense which is classified as a felony by the law of the jurisdiction and which has as an

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element the possession, use, or distribution of a controlled substance as defined in section 102(6)

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of the Controlled Substances Act (21 U.S.C. 802(6)).

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      (e) Individual employment plan as a condition of eligibility.

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      (1) Following receipt of an application, the department of human services shall assess

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the financial conditions of the family, including the non-parent caretaker relative who is applying

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for cash assistance for himself or herself as well as for the minor child(ren),in the context of an

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eligibility determination. If a parent or non parent caretaker relative is unemployed or under-

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employed, the department shall conduct an initial assessment, taking into account: (A) the

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physical capacity, skills, education, work experience, health, safety, family responsibilities and

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place of residence of the individual; and (B) the child care and supportive services required by the

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applicant to avail himself or herself of employment opportunities and/or work readiness

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programs.

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      (2) On the basis of such assessment, the department of human services and the

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department of labor and training, as appropriate, in consultation with the applicant, shall develop

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an individual employment plan for the family which requires the individual to participate in the

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intensive employment services. Intensive employment services shall be defined as the work

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requirement activities in subsections 40-5.2-12(g) and (i).

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      (3) The director, or his/her designee, may assign a case manager to an

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applicant/participant, as appropriate.

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      (4) The department of labor and training and the department of human services in

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conjunction with the participant shall develop a revised individual employment plan which shall

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identify employment objectives, taking into consideration factors above, and shall include a

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strategy for immediate employment and for preparing for, finding, and retaining employment

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consistent, to the extent practicable, with the individual's career objectives.

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      (5) The individual employment plan must include the provision for the participant to

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engage in work requirements as outlined in section 40-5.2-12 of this chapter.

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      (6) (A) The participant shall attend and participate immediately in intensive assessment

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and employment services as the first step in the individual employment plan, unless temporarily

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exempt from this requirement in accordance with this chapter. Intensive assessment and

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employment services shall be defined as the work requirement activities in subsections 40-5.2-

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12(g) and (i).

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      (B) Parents under age twenty (20) without a high school diploma or General Equivalency

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Diploma (GED) shall be referred to special teen parent programs which will provide intensive

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services designed to assist teen parent to complete high school education or GED, and to continue

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approved work plan activities in accord with Works program requirements.

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      (7) The applicant shall become a participant in accordance with this chapter at the time

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the individual employment plan is signed and entered into.

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      (8) Applicants and participants of the Rhode Island Work Program shall agree to comply

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with the terms of the individual employment plan, and shall cooperate fully with the steps

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established in the individual employment plan, including the work requirements.

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      (9) The department of human services has the authority under the chapter to require

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attendance by the applicant/participant, either at the department of human services or at the

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department of labor and training, at appointments deemed necessary for the purpose of having the

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applicant enter into and become eligible for assistance through the Rhode Island Work Program.

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Said appointments include, but are not limited to, the initial interview, orientation and

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assessment; job readiness and job search. Attendance is required as a condition of eligibility for

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cash assistance in accordance with rules and regulations established by the department.

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      (10) As a condition of eligibility for assistance pursuant to this chapter, the

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applicant/participant shall be obligated to keep appointments, attend orientation meetings at the

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department of human services and/or the Rhode Island department of labor and training,

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participate in any initial assessments or appraisals and comply with all the terms of the individual

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employment plan in accordance with department of human service rules and regulations.

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      (11) A participant, including a parent or non-parent caretaker relative included in the

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cash assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause

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as defined in this chapter or the department's rules and regulations.

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      (12) A participant who voluntarily quits or refuses a job without good cause, as defined

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in subsection 40-5.2-12(l), while receiving cash assistance in accordance with this chapter, shall

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be sanctioned in accordance with rules and regulations promulgated by the department.

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      (f) Resources.

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      (1) The Family or assistance unit's countable resources shall be less than the allowable

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resource limit established by the department in accordance with this chapter.

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      (2) No family or assistance unit shall be eligible for assistance payments if the combined

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value of its available resources (reduced by any obligations or debts with respect to such

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resources) exceeds one thousand dollars ($1,000).

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      (3) For purposes of this subsection, the following shall not be counted as resources of the

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family/assistance unit in the determination of eligibility for the works program:

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

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      (B) Real property owned by a husband and wife as tenants by the entirety, if the property

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is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in

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the property;

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      (C) Real property which the family is making a good faith effort to dispose of, however,

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any cash assistance payable to the family for any such period shall be conditioned upon such

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disposal of the real property within six (6) months of the date of application and any payments of

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assistance for that period shall (at the time of disposal) be considered overpayments to the extent

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that they would not have occurred at the beginning of the period for which the payments were

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made. All overpayments are debts subject to recovery in accordance with the provisions of the

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chapter;

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      (D) Income producing property other than real estate including, but not limited to,

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equipment such as farm tools, carpenter's tools and vehicles used in the production of goods or

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Services which the department determines are necessary for the family to earn a living;

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      (E) One vehicle for each adult household member, but not to exceed two (2) vehicles per

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household, and in addition, a vehicle used primarily for income producing purposes such as, but

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not limited to, a taxi, truck or fishing boat; a vehicle used as a family's home; a vehicle which

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annually produces income consistent with its fair market value, even if only used on a seasonal

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basis; a vehicle necessary to transport a family member with a disability where the vehicle is

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specially equipped to meet the specific needs of the person with a disability or if the vehicle is a

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special type of vehicle that makes it possible to transport the person with a disability;

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      (F) Household furnishings and appliances, clothing, personal effects and keepsakes of

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limited value;

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      (G) Burial plots (one for each child, relative, and other individual in the assistance unit),

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and funeral arrangements;

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      (H) For the month of receipt and the following month, any refund of federal income

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taxes made to the family by reason of section 32 of the Internal Revenue Code of 1986, 26 U.S.C.

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section 32 (relating to earned income tax credit), and any payment made to the family by an

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employer under section 3507 of the Internal Revenue Code of 1986, 26 U.S.C. section 3507

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(relating to advance payment of such earned income credit);

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      (I) The resources of any family member receiving supplementary security income

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assistance under the Social Security Act, 42 U.S.C. section 301 et seq.

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      (g) Income.

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      (1) Except as otherwise provided for herein, in determining eligibility for and the amount

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of cash assistance to which a family is entitled under this chapter, the income of a family includes

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all of the money, goods, and services received or actually available to any member of the family.

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      (2) In determining the eligibility for and the amount of cash assistance to which a

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family/assistance unit is entitled under this chapter, income in any month shall not include the

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first one hundred seventy dollars ($170) of gross earnings plus fifty percent (50%) of the gross

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earnings of the family in excess of one hundred seventy dollars ($170) earned during the month.

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      (3) The income of a family shall not include:

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      (A) The first fifty dollars ($50.00) in child support received in any month from each non-

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custodial parent of a child plus any arrearages in child support (to the extent of the first fifty

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dollars ($50.00) per month multiplied by the number of months in which the support has been in

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arrears) which are paid in any month by a non-custodial parent of a child;

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      (B) Earned income of any child;

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      (C) Income received by a family member who is receiving supplemental security income

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(SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. section 1381 et seq.;

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      (D) The value of assistance provided by state or federal government or private agencies

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to meet nutritional needs, including: value of USDA donated foods; value of supplemental food

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assistance received under the Child Nutrition Act of 1966, as amended and the special food

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service program for children under Title VII, nutrition program for the elderly, of the Older

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Americans Act of 1965 as amended, and the value of food stamps;

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      (E) Value of certain assistance provided to undergraduate students, including any grant

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or loan for an undergraduate student for educational purposes made or insured under any loan

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program administered by the U.S. Commissioner of Education (or the Rhode Island board of

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governors for higher education or the Rhode Island higher educational assistance authority);

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      (F) Foster Care Payments;

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      (G) Home energy assistance funded by state or federal government or by a nonprofit

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organization;

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      (H) Payments for supportive services or reimbursement of out-of-pocket expenses made

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to foster grandparents, senior health aides or senior companions and to persons serving in SCORE

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and ACE and any other program under Title II and Title III of the Domestic Volunteer Service

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Act of 1973, 42 U.S.C. section 5000 et seq.;

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      (I) Payments to volunteers under AmeriCorps VISTA as defined in the department's

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rules and regulations;

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      (J) Certain payments to native Americans; payments distributed per capita to, or held in

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trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. section 1261 et seq., P.L. 93-

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134, 25 U.S.C. section 1401 et seq., or P.L. 94-540; receipts distributed to members of certain

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Indian tribes which are referred to in section 5 of P.L. 94-114, 25 U.S.C. section 459d, that

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became effective October 17, 1975;

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      (K) Refund from the federal and state earned income tax credit;

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      (L) The value of any state, local, or federal government rent or housing subsidy,

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provided that this exclusion shall not limit the reduction in benefits provided for in the payment

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standard section of this chapter.

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      (4) The receipt of a lump sum of income shall affect participants for cash assistance in

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accordance with rules and regulations promulgated by the department.

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      (h) Time limit on the receipt of cash assistance.

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      (1) No cash assistance shall be provided, pursuant to this chapter, to a family or

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assistance unit which includes an adult member who has received cash assistance, either for

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him/herself or on behalf of his/her children, for a total of twenty-four (24) months, (whether or

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not consecutive) within any sixty (60) continuous months after July 1, 2008 to include any time

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receiving any type of cash assistance in any other state or territory of the United States of

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America as defined herein. Provided further, in no circumstances other than provided for in

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section (3) below with respect to certain minor children, shall cash assistance be provided

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pursuant to this chapter to a family or assistance unit which includes an adult member who has

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received cash assistance for a total of a lifetime limit of forty-eight (48) months.

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      (2) Cash benefits received by a minor dependent child shall not be counted toward their

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lifetime time limit for receiving benefits under this chapter should that minor child apply for cash

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benefits as an adult.

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      (3) Certain minor children not subject to time limit. This section regarding the lifetime

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time limit for the receipt of cash assistance, shall not apply only in the instances of a minor

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child(ren) living with a parent who receives SSI benefits and a minor child(ren) living with a

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responsible adult non-parent caretaker relative who is not in the case assistance payment.

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      (4) Receipt of family cash assistance in any other state or territory of the United States of

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America shall be determined by the department of human services and shall include family cash

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assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds

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[Title IV-A of the Federal Social Security Act 42 U.S.C. section 601 et seq.]and/or family cash

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assistance provided under a program similar to the Rhode Island Families Work and Opportunity

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Program or the federal TANF program.

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      (5) (A) The department of human service shall mail a notice to each assistance unit when

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the assistance unit has six (6) months of cash assistance remaining and each month thereafter

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until the time limit has expired. The notice must be developed by the department of human

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services and must contain information about the lifetime time limit. the number of months the

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participant has remaining, the hardship extension policy, the availability of a post-employment-

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and-closure bonus, and any other information pertinent to a family or an assistance unit nearing

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either the twenty-four (24) month or forty-eight (48) month lifetime time limit.

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      (B) For applicants who have less than six (6) months remaining in either the twenty-four

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(24) month or forty-eight (48) month lifetime time limit because the family or assistance unit

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previously received cash assistance in Rhode Island or in another state, the department shall

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notify the applicant of the number of months remaining when the application is approved and

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begin the process required in paragraph (A) above.

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      (6) If a cash assistance recipient family closed pursuant to Rhode Island's Temporary

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Assistance for Needy Families Program, (federal TANF described in Title IV A of the Federal

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Social Security Act, 42 U.S.C. 601 et seq.) formerly entitled the Rhode Island Family

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Independence Program, more specifically under subdivision 40-5.1-9(2)(c), due to sanction

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because of failure to comply with the cash assistance program requirements; and that recipients

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family received forty-eight (48) months of cash benefits in accordance with the Family

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Independence Program, than that recipient family is not able to receive further cash assistance for

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his/her family, under this chapter, except under hardship exceptions.

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      (7) The months of state or federally funded cash assistance received by a recipient family

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since May 1, 1997 under Rhode Island's Temporary Assistance for Needy Families Program,

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(federal TANF described in Title IV A of the Federal Social Security Act, 42 U.S.C. section 601

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et seq.) formerly entitled the Rhode Island Family Independence Program, shall be countable

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toward the time limited cash assistance described in this chapter.

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      (i) Time limit on the receipt of cash assistance.

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      (1) (A) No cash assistance shall be provided, pursuant to this chapter, to a family

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assistance unit in which an adult member has received cash assistance for a total of sixty (60)

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months (whether or not consecutive) to include any time receiving any type of cash assistance in

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any other state or territory of the United States as defined herein effective August 1, 2008.

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Provided further, that no cash assistance shall be provided to a family in which an adult member

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has received assistance for twenty-four (24) consecutive months unless the adult member has a

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rehabilitation employment plan as provided in subsection 40-5.2-12(g)(5).

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      (B) Effective August 1, 2008 no cash assistance shall be provided pursuant to this

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chapter to a family in which a child has received cash assistance for a total of sixty (60) months

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(whether or not consecutive) if the parent is ineligible for assistance under this chapter pursuant

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to subdivision 40-5.2(a) (2) to include any time received any type of cash assistance in any other

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state or territory of the United States as defined herein.

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      (j) Hardship Exceptions.

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      (1) The department may extend an assistance unit's or family's cash assistance beyond

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the time limit, by reason of hardship; provided, however, that the number of such families to be

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exempted by the department with respect to their time limit under this subsection shall not exceed

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twenty percent (20%) of the average monthly number of families to which assistance is provided

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for under this chapter in a fiscal year; provided, however, that to the extent now or hereafter

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permitted by federal law, any waiver granted under section 40-5.2-35, for domestic violence,

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shall not be counted in determining the twenty percent (20%) maximum under this section.

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      (2) Parents who receive extensions to the time limit due to hardship must have and

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comply with employment plans designed to remove or ameliorate the conditions that warranted

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the extension.

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      (k) Parents under eighteen (18) years of age.

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      (1) A family consisting of a parent who is under the age of eighteen (18), and who has

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never been married, and who has a child; or a family which consists of a woman under the age of

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eighteen (18) who is at least six (6) months pregnant, shall be eligible for cash assistance only if

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such family resides in the home of an adult parent, legal guardian or other adult relative. Such

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assistance shall be provided to the adult parent, legal guardian, or other adult relative on behalf of

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the individual and child unless otherwise authorized by the department.

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      (2) This subsection shall not apply if the minor parent or pregnant minor has no parent,

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legal guardian or other adult relative who is living and/or whose whereabouts are unknown; or the

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department determines that the physical or emotional health or safety of the minor parent, or his

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or her child, or the pregnant minor, would be jeopardized if he or she was required to live in the

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same residence as his or her parent, legal guardian or other adult relative (refusal of a parent,

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legal guardian or other adult relative to allow the minor parent or his or her child, or a pregnant

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minor, to live in his or her home shall constitute a presumption that the health or safety would be

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so jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent

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or legal guardian for a period of at least one year before either the birth of any child to a minor

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parent or the onset of the pregnant minor's pregnancy; or there is good cause, under departmental

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regulations, for waiving the subsection; and the individual resides in supervised supportive living

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arrangement to the extent available.

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      (3) For purposes of this section "supervised supportive living arrangement" means an

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arrangement which requires minor parents to enroll and make satisfactory progress in a program

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leading to a high school diploma or a general education development certificate, and requires

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minor parents to participate in the adolescent parenting program designated by the department, to

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the extent the program is available; and provides rules and regulations which ensure regular adult

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supervision.

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      (l) Assignment and Cooperation. - As a condition of eligibility for cash and medical

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assistance under this chapter, each adult member, parent or caretaker relative of the

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family/assistance unit must:

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      (1) Assign to the state any rights to support for children within the family from any

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person which the family member has at the time the assignment is executed or may have while

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receiving assistance under this chapter;

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      (2) Consent to and cooperate with the state in establishing the paternity and in

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establishing and/or enforcing child support and medical support orders for all children in the

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family or assistance unit in accordance with Title 15 of the general laws, as amended, unless the

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parent or caretaker relative is found to have good cause for refusing to comply with the

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requirements of this subsection.

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      (3) Absent good cause, as defined by the department of human services through the rule

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making process, for refusing to comply with the requirements of (1) and (2) above, cash

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assistance to the family shall be reduced by twenty-five percent (25%) until the adult member of

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the family who has refused to comply with the requirements of this subsection consents to and

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cooperates with the state in accordance with the requirements of this subsection.

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      (4) As a condition of eligibility for cash and medical assistance under this chapter, each

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adult member, parent or caretaker relative of the family/assistance unit must consent to and

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cooperate with the state in identifying and providing information to assist the state in pursuing

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any third-party who may be liable to pay for care and services under Title XIX of the Social

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Security Act, 42 U.S.C. section 1396 et seq.

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     (m) School attendance as a condition of eligibility. - (1) As a condition of eligibility for

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cash and medical assistance under this chapter, each adult member, who is the parent or legal

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guardian of a child who is a member of the family/assistance unit and who is required by law to

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attend school must sign an affidavit stating that the child is enrolled in and attending school and

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has an attendance rate of not less than eighty percent (80%) for the current school year, not

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including illness, or injury-related absences. The affidavit shall include the child’s name, the

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name of the school the child attends, and the name of the city or town in which the school is

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located.

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     (2) The department of human services may require consent to release the child’s school

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attendance records to the department as a condition of eligibility for assistance under this chapter.

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     (3) The department of human services shall verify the attendance rate of each child who

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is the subject of any affidavit under this section.

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     (4) A family/assistance unit is in compliance with this section when every child within

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the unit has a verified attendance rate of not less than eighty percent (80%) for the current school

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year, not including illness or injury-related absences.

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     SECTION 2. This act shall take effect upon passage.

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LC00640

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HUMAN SERVICES -- RHODE ISLAND WORKS PROGRAM--

COMPULSORY ATTENDANCE

***

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     This act would require an eighty percent (80%) school attendance rate for children in

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families receiving cash and medical assistance from the state as a condition of eligibility.

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     This act would take effect upon passage.

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LC00640

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