It is enacted by the General Assembly as follows:

SECTION 1. Section 8-10-3 of the General Laws in Chapter 8-10 entitled "Family Court" is hereby amended to read as follows:

8-10-3. Establishment of court -- Jurisdiction -- Seal -- Oaths -- Masters. -- (a) There is hereby established a family court, consisting of a chief judge and eleven (11) associate justices, to hear and determine all petitions for divorce from the bond of marriage and from bed and board; all motions for allowance, alimony, support and custody of children, allowance of counsel and witness fees, and other matters arising out of petitions and motions relative to real and personal property in aid thereof, including, but not limited to, partitions, accountings, receiverships, sequestration of assets, resulting and constructive trust, impressions of trust, and such other equitable matters arising out of the family relationship, wherein jurisdiction is acquired by the court by the filing of petitions for divorce, bed and board and separate maintenance; all motions for allowance for support and educational costs of children attending high school at the time of their eighteenth birthday and up to ninety (90) days after high school graduation, but in no case beyond their nineteenth birthday; enforcement of any order or decree granting alimony and/or child support, and/or custody and/or visitation of any court of competent jurisdiction of another state; modification of any order or decree granting alimony and/or child support, and/or custody and/or visitation of any court of competent jurisdiction of another state on the ground that there has been a change of circumstances; {ADD modification of any order or decree granting alimony and/or custody and/or visitation of any court of competent jurisdiction of another state on the ground that there has been a change of circumstances; modification of any order or decree granting child support of any court of competent jurisdiction of another state provided (a) the order has been registered in Rhode Island for the purposes of modification pursuant to section 15-23-45 of the Uniform Interstate Family Support Act or (b) Rhode Island issued the order and has continuing exclusive jurisdiction over the parties; ADD} antenuptial agreements, property settlement agreements and all other contracts between persons, who at the time of execution of said contracts, were husband and wife or planned to enter into that relationship; complaints for support of parents and children; those matters relating to delinquent, wayward, dependent, neglected or mentally defective or mentally disordered children, or children who by reason of any handicap, physical, mental, or otherwise, suffer from a learning disability which requires special education or treatment and other related services; to hear and determine all petitions for guardianship of any child who has been placed in the care, custody and control of the department for children, youth and families pursuant to the provisions of chapter 1, title 14 and chapter 11, title 40; adoption of children under eighteen (18) years of age; change of names of children under the age of eighteen (18) years; paternity of children born out of wedlock and provision for the support and disposition of such children or their mothers; child marriages; those matters referred to the court in accordance with the provisions of section 14-1-28; those matters relating to adults who shall be involved with paternity of children born out of wedlock; responsibility for or contributing to the delinquency, waywardness or neglect of children under sixteen (16) years of age; desertion, abandonment or failure to provide subsistence for any children dependent upon such adults for support; neglect to send any child to school as required by law; bastardy proceedings, and custody to children in proceedings, whether or not supported by petitions for divorce or separate maintenance or for relief without commencement of divorce proceedings appeals of administrative decisions, concerning setoff of income tax refunds for past-due child support in accordance with section 44-30.1-5 and section 40-6-21. The holding of real estate as tenants by the entirety shall not in and of itself preclude the family court from partitioning real estate so held for a period of six (6) months after the entry of final decree of divorce.

(b) The family court shall be a court of record and shall have a seal which shall contain such words and devices as the court shall adopt.

(c) The judges and clerk of the family court shall have power to administer oaths and affirmations.

(d) The chief judge of the family court is hereby empowered to appoint experienced members of the Rhode Island bar as masters for the purpose of assisting the family court in matters pertaining to delinquent support payments and the taking of testimony in conducting all hearings relative to responsible persons who are not living up to their support obligations. The chief judge of the family court is also authorized to appoint said masters in related matters pertaining to the collection of delinquent support payments from these responsible persons.

(e) The family court shall have exclusive initial jurisdiction of all appeals from any administrative agency or board affecting or concerning children under the age of eighteen (18) years and appeals of administrative decisions concerning setoff of income tax refunds, lottery set-offs, insurance intercept and lien enforcement provisions for past-due child support, in accordance with sections 44-30.1-5 and 40-6-21, and appeals of administrative agency orders of the department of human services to withhold income under chapter 16 of title 15 entitled "Income Withholding".

(f) The family court shall have jurisdiction over those civil matters relating to the enforcement of laws regulating child care providers and child-placing agencies.

(g) The family court shall have exclusive jurisdiction of matters relating to the revocation or nonrenewal of a license of an obligor due to noncompliance with a court order of support, in accordance with chapter 11.1 of title 15 of the general laws.

SECTION 2. Section 15-5-16.2 of the General Laws in Chapter 15-5 entitled "Divorce and Separation" is hereby amended to read as follows:

15-5-16.2. Child support. -- (a) In a proceeding for divorce, divorce from bed and board or a miscellaneous petition without the filing of divorce proceedings, or child support, the court may order either or both parents owing a duty of support to a child to pay an amount based upon a formula and guidelines adopted by an administrative order of the family court. If, after calculating support based upon court-established formula and guidelines, the court, in its discretion, finds the order would be inequitable to the child or either parent, the court shall make findings of fact and may order either or both parents owing a duty of support to pay an amount reasonable or necessary for the child's support after considering all relevant factors including, but not limited to:

(1) The financial resources of the child;

(2) The financial resources of the custodial parent;

(3) The standard of living the child would have enjoyed had the marriage not been dissolved;

(4) The physical and emotional condition of the child and his educational needs; and

(5) The financial resources and needs of the non-custodial parent.

(b) The court may, if in its discretion it deems it necessary or advisable, order child support and education costs for children attending high school at the time of their eighteenth birthday and for ninety (90) days after graduation, but in no case beyond their nineteenth birthday.

(c) The court may, if in its discretion it deems it necessary or advisable, appoint an attorney or a guardian ad litem to represent the interest of a minor or dependent child with respect to his support, custody, and visitation. The court shall enter an order for costs, fees, and disbursements in favor of the child's attorney. The order shall be made against either or both parents. After a decree for support has been entered, the court may from time to time upon the petition of either party review and alter its decree relative to the amount of support and the payment thereof, and may make any decree relative thereto which it might have made in the original suit. The decree may be made retroactive in the court's discretion to the date that the court finds that a substantial change in circumstances has occurred; provided however, the court shall set forth in its decision the specific findings of fact which show a substantial change in circumstances and upon which findings of facts the court has decided to make the decree retroactive.

(d) In a proceeding to enforce a child support order, or a spousal support order for a custodial parent having custody of a minor child, the court or its master may assign to the obligee such tangible personal property of the obligor as will be sufficient to satisfy the child or spousal support arrearage owed. The court or its master, after hearing, shall establish the amount of the child or spousal support arrearage, and the nature and value of the tangible personal property. To effect the assignment, the court or its master may order the obligor to execute and deliver the documents of title which may be necessary to complete the transfer of title to the property, and may order the obligor to deliver possession of the property to the obligee. Whenever the obligor fails to comply with the order assigning the property, the order of assignment shall be regarded as a judgment vesting title to the property in the obligor as fully and completely as if the obligor had executed and delivered the documents of title.

Any order for child support issued by the family court shall contain a provision requiring either or both parents owing a duty of support to a child to obtain health insurance coverage for said child when such coverage is available to said parent or parents through their employment without cost or at a reasonable cost. Any existing child support orders may be modified in accordance with the provisions of this subsection unless the court makes specific written findings of fact that take into consideration the best interests of the child and conclude that such an order would be unjust or inappropriate in a particular case.

(e) In a proceeding to establish paternity or support, the court in its discretion may, after opportunity for hearing, issue a temporary order for child support payable into the registry of the court and to be held pending entry of judgment. In the event of a final adjudication requiring no payment or payments in an amount less than those payments which have been made pursuant to a temporary order under this section, the defendant shall be entitled to a refund of all or a portion of the amounts so paid. See section 12-1-15 of the General Laws.!.

{ADD (f) In any proceeding to establish support for a child or children receiving public assistance pursuant to chapter 40-5.1 of the general laws, the court or its master, upon a finding that an able bodied absent parent is unemployed, underemployed or otherwise lacks sufficient income or resources from which to make payment of support equal to the public assistance payment for the child or children, shall order such parent to perform unpaid community service for at least twenty (20) hours per week through community service placements arranged and supervised by the department of human services and/or the division of taxation within the department of administration. ADD}

{ADD (g) In any proceeding to establish support for a minor child whose adjudicated parent is a minor (minor-parent), the court or its master may order a grandparent of the minor child to reimburse the department of human services in an amount not to exceed the total amount of cash assistance benefits paid to or for the minor child pursuant to chapter 40-5.1 until such minor-parent reaches the age of eighteen (18), less any payment made to the department by such minor parent.

It is hereby declared that the obligation of reimbursement for such minor child shall be the joint and several responsibility of the minor parent and the grandparent(s) until the minor parent reaches the age of eighteen (18) and provided, however, that each joint obligor shall have a right of contribution against each joint obligor, which right shall be enforceable by an action in the family court. ADD}

SECTION 3. Sections 15-8-3, 15-8-7, and 15-8-11 of the General Laws in Chapter 15-8 entitled "Uniform Law on Paternity" are hereby amended to read as follows:

15-8-3. Presumption of paternity. -- (a) A man is presumed to be the natural father of a child if:

(1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court;

(2) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and:

(i) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within three hundred (300) days after its termination by death, annulment, declaration of invalidity, or divorce; or

(ii) If the attempted marriage is invalid without a court order, the child is born within three hundred (300) days after the termination of cohabitation;

(3) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage could be declared invalid, and:

(i) He has acknowledged his paternity of the child in writing filed with the clerk of the family court; or

(ii) With his consent, he is named as the child's father on the child's birth certificate; or,

(iii) He is obligated to support the child under a written voluntary promise or by court order;

(4) He acknowledges his paternity of the child in a writing filed with the clerk of the family court, who shall promptly inform the mother of the filing of the acknowledgement, and she does not dispute the acknowledgement, within a reasonable time after being informed thereof, in a writing filed with the clerk of the family court. If another man is presumed under this section to be the child's father, acknowledgement may be effected only with the written consent of the presumed father or after the presumption has been rebutted. The written acknowledgement of paternity shall be admissible as evidence of paternity; or

(5) He has submitted to blood testing and the results thereof establish a threshold probability of paternity {ADD conclusive presumption ADD} in accordance with section 15-8-11(e).

(b) A {ADD Except for a conclusive presumption under section 15-8-3(a)(5), a ADD} presumption under this section may be rebutted in an appropriate action only by a clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on its facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.

15-8-7. Jurisdiction and remedies. -- (a) The Family Court has jurisdiction of an action commenced under sections 15-8-1 to 15-8-26, and all remedies for the enforcement of orders for the expense of pregnancy and confinement for the mother, and for education, necessary support and maintenance, or funeral expenses for legitimate children shall apply. The Court has continuing jurisdiction to modify or revoke an order and to increase or decrease amounts fixed by order for future education and necessary support and maintenance. All remedies under the uniform reciprocal enforcement of support act, sections 15-11-1 to 15-11-42, {ADD Uniform Interstate Family Support Act, sections 15-23-1 to 15-23-54 ADD} and amendments thereto, are available for enforcement of duties of support and maintenance under sections 15-8-1 to 15-8-26.

(b) A person who has had sexual intercourse in this state thereby submits to the jurisdiction of the courts of this state as to any action brought under this chapter with respect to a child who may have been conceived by that act of intercourse. {ADD In addition, the court may exercise jurisdiction over a nonresident individual pursuant to section 15-23-4. ADD} Jurisdiction shall be acquired by service made in accordance with section 9-5-33, as amended.

15-8-11. Blood tests. -- (a) In a proceeding under this chapter before trial, the court, upon application made by or on behalf of any party to the action, or on its own motion, shall order that the mother, child, alleged father, and any other party to the action submit to blood or tissue typing tests which may include, but are not limited to, tests of red cell antigens, red cell isoenzymes, human leukocyte antigens, serum proteins, {ADD DNA ADD} and other genetic testing, to determine whether the alleged father is likely to be, or is not, the father of the child. If, at the trial in a proceeding under this chapter, it is shown that a party refused to submit to court-ordered blood or tissue typing tests, the refusal shall be considered by the jury, or the court without a jury, along with all other evidence presented on the issue of paternity. {ADD In a proceeding to establish paternity and/or support brought pursuant to the Rhode Island state plan for child and spousal support enforcement, in conformance with title IV, part D of the federal social security act, if the alleged father denies paternity in response to a paternity complaint, the division of taxation with the department of administration shall schedule blood testing for the parties, of the type described herein, without the necessity of making application to the court, and the parties shall attend and submit to blood testing under penalty of default in accordance with section 15-8-18.1. ADD}

(b) A blood or tissue typing test shall be made by a person the court determines is qualified as an examiner of blood or tissue types.

(c) The court shall fix or approve the compensation of any expert at a reasonable amount, and may direct the compensation to be paid by the state, or by any other party to the case, or by both, in the proportions and at the times the court prescribes, and that, after payment by a party, all or part or none of the payment shall be taxed as costs in the action. Before the making of a blood or tissue typing test, the court may order any part or all of the compensation paid in advance.

(d) The result of a blood or tissue typing test and, if a determination of exclusion of paternity cannot be made, a calculation of the probability of paternity made by a person the court determines is qualified as an examiner of blood or tissue types based on the result of a blood or tissue typing test shall be admissible in evidence in the trial of the case. A written report of the test results, including a calculation of the probability of paternity or a determination of exclusion of paternity, prepared by the duly qualified expert conducting the test, or by a duly qualified expert under whose supervision or direction the test and analysis have been performed, certified by an affidavit duly subscribed and sworn to by him or her before a notary public, may be introduced into evidence without the need for foundation testimony or other proof of authenticity or accuracy and without the necessity of calling the expert as a witness, unless an objection challenging the test procedures or results has been filed within ten (10) days before any hearing at which such results may be introduced into evidence and a cash bond posted with registry of the family court in an amount sufficient to cover the costs of the duly qualified expert to appear and testify.

(e) If the results of the blood tests duly admitted into evidence establish a ninety-seven percent (97%) or greater probability of inclusion that a party is the biological father of the child, then such threshold probability shall constitute a prima facie case of establishment of paternity and the burden of proof shall shift to the party to rebut such proof by clear and convincing evidence. {ADD conclusive presumption of paternity. ADD}

SECTION 4. Sections 15-9-2 and 15-9-3 of the General Laws in Chapter 15-9 entitled "Support of Children" are hereby amended to read as follows:

15-9-2. Enforceability. -- All duties of support and maintenance, including the duty to pay arrearages, are enforceable by a court proceeding under the provisions of chapter 11 of the general laws entitled "Reciprocal Enforcement of Support." {ADD 23 entitled "Uniform Interstate Family Support Act." ADD}

15-9-3. Department of human services as legal representative -- Payment of costs. -- {ADD Division of taxation within the department of administration as legal representative--Payment of costs. -- ADD} In any proceeding under this chapter the department of human services {ADD division of taxation within the department of administration ADD} shall represent the department for children and their families, and the department of human services {ADD division of taxation within the department of administration ADD} shall remit to the general treasury the net collections after deducting all reasonable costs and expenses of any action or proceeding under this chapter.

SECTION 5. Chapter 15-11 of the General Laws entitled "Reciprocal Enforcement of Support" is hereby repealed in its entirety.

15-11-1. Purposes. -- The purposes of this chapter are to improve and extend by reciprocal legislation the enforcement of duties of support.

15-11-2. Definitions. -- (a) "Court" means the family court of this state and when the context requires the court of any other state as defined in a substantially similar reciprocal law.

15-11-3. Remedies additional to those now existing. -- The remedies provided are in addition to and not in substitution for any other remedies.

15-11-4. Duties binding regardless of obligee's residence. -- Duties of support arising under the law of this state, when applicable under section 15-11-7, bind the obligor present in this state regardless of the presence or residence of the obligee.

15-11-5. Interstate rendition. -- The governor of this state may: (1) demand of the governor of another state the surrender of a person found in that state who is charged criminally in this state with failing to provide for the support of any person; or (2) surrender on demand by the governor of another state a person found in this state who is charged criminally in that state with failing to provide for the support of any person. Provisions for extradition of criminals not inconsistent with this chapter apply to the demand even if the person whose surrender is demanded was not in the demanding state at the time of the commission of the crime and has not fled therefrom. The demand, the oath, and any proceedings for extradition pursuant to this section need not state or show that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding state.

15-11-6. Conditions of interstate rendition. -- (a) Before making the demand upon the governor of another state for the surrender of a person charged criminally in this state with failing to provide for the support of a person, the governor of this state may require any prosecuting attorney of this state to satisfy him or her that at least sixty (60) days prior thereto the obligee initiated proceedings for support under this chapter or that any proceeding would be of no avail.

15-11-42. Severability. -- If any provisions of this Chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are severable.

SECTION 6. Sections 15-16-2, 15-16-4, 15-16-5, 15-16-5.1, 15-16-10, 15-16-11, 15-16-13 and 15-16-15 of the General Laws in Chapter 15-16 entitled "Income Withholding" are hereby amended to read as follows:

15-16-2. Definitions. -- For purposes of this chapter, except as may otherwise be required by the context:

(a) "Support order" means any order, decree, or judgment for the support or for the payment of arrearages on the support of a child, spouse, or former spouse issued by the family court or by a court or agency of another jurisdiction, whether interlocutory or final, whether or not prospectively or retroactively modifiable, whether incidental to a proceeding for divorce, judicial or legal separation, separate maintenance, paternity, guardianship, civil protection, or otherwise. {ADD a judgment, decree or order, whether temporary, final, or subject to modification, issued by the family court, by the division of taxation within the department of administration under section 15-16-7 or by a court or agency of another jurisdiction, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees, and other relief. ADD}

(b) "Jurisdiction" means any state or political subdivision, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(c) "Court" means the Rhode Island family court and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders.

(d) "Department" means the Rhode Island department of human services {ADD division of taxation, within the department of administration ADD} .

(e) "Agency" means either the court or agency of any other jurisdiction with income withholding functions similar to those of the department of human services defined in this chapter, including the issuance and enforcement of support orders.

(f) "Child" means any child, whether above or below the age of majority, with respect to whom a support order exists.

(g) "Obligor" means any person required to make payments under the terms of a support order for a child, spouse, or former spouse.

(h) "Obligee" means any person or entity which is entitled to receive support under an order of support and shall include an agency of another jurisdiction to which a person has assigned his or her right to support.

(i) "CSE system" means the Rhode Island family court/department of human services child support computer enforcement system, which system maintains the official record of support orders and arrearages of all support orders entered thereon in accordance with applicable administrative orders issued by the Rhode Island family court.

(j) "Income" shall include amounts paid or payable by a payor who is subject to the jurisdiction of this state to an obligor as:

(1) Compensation paid or payable for personal services whether denominated as wages, salary, commission, bonus, or otherwise whether taxable or not taxable and specifically including periodic payments pursuant to pension or retirement programs or insurance policies of any type; or

(k) "Withholding agent" means any person, firm, partnership, corporation, association, trust, federal, or state agency, department, or political subdivision, paying or obligated to pay income, as defined in this chapter, to an obligor.

(l) "State Plan" means the Rhode Island state plan for child and spousal support established in accordance with title IV, part D, section 454 of the federal Social Security Act (42 U.S.C. section 654), which plan includes but is not limited to the establishment and enforcement of support orders on behalf of a person, whether residing in this state or another jurisdiction, who is: (1) receiving aid to families with dependent children pursuant to part A of title IV of the federal Social Security Act, 42 U.S.C. section 601 et seq., or (2) receiving foster care maintenance payments pursuant to Part E of Title IV of the federal Social Security Act, 42 U.S.C. section 670 et seq., or (3) not receiving aid to families with dependent children nor foster care maintenance payments who files an application for support enforcement services with the Rhode Island department of human services or any authorized title IV, part D agency of another jurisdiction.

(m) "Income withholding order" means an order to withhold income of an obligor to pay support, arrearages, and fees, if any, authorized under this chapter, whether the order is issued by the department when an obligor fails to contest the withholding or when the obligor requests the withholding, or whether such order is issued by the department and filed with the clerk of the family court after opportunity for a hearing thereon before a master of the family court as provided for in this chapter {ADD or whether the order is issued by a court or agency of another jurisdiction ADD} .

(n) "Master" means a master of the family court pursuant to section 8-10-3.1.

{ADD (o) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. ADD}

15-16-4. Income withholding agency. -- The Rhode Island department of human services {ADD division of taxation within the department of administration ADD} is hereby designated as the state income withholding agency {ADD for all income withholding orders issued or registered in Rhode Island ADD} and shall have all powers, duties, and responsibilities to establish and administer income withholding in accordance with this chapter, and is further authorized and directed to promulgate rules and regulations that it deems necessary to implement the provisions and purposes of this chapter, provided, however, that any rule or regulation affecting the duties and responsibilities of the family court shall be made with the concurrence of the chief judge of the family court.

15-16-5. Requirement of income withholding -- Support orders issued in this state or other jurisdictions. -- (1) In the case of each obligor against whom a support order:

(a) has been issued or modified in this state, or

{ADD (b) has been issued or modified in another jurisdiction, ADD} or

(b) {ADD (c) ADD} has been issued or modified in another jurisdiction and has been filed and registered with the department in accordance with section 15-16-13, and in either case the order is being enforced under the state plan.

So much of an obligor's income must be withheld in an amount sufficient to comply with the order for current support when the obligor has failed to make payment of support as provided in this section or when the obligor or obligee has requested withholding in accordance with the requirements of this section. If an obligor owes a support arrearage in addition to the amount to be withheld to comply with the order for current support, the order to withhold income must include an amount equal to ten percent (10%) of the current support order, which amount shall be applied toward liquidation of support arrearages; provided that the additional withholding to satisfy arrearages, when added to the amounts withheld to pay current support and to provide for the withholding agent's fee provided in section 15-16-10, may not exceed the limit permitted under section 303(b) of the Consumer Credit Protection Act (15 U.S.C. section 1673(b)). Upon petition by an obligor, the court in its discretion may reduce the amount required to be withheld in liquidation of support arrearages to a nominal or token amount, if the court finds that additional withholding would work an undue hardship on the obligor. The income withholding must occur without the need for any amendment to the support order involved or for any further action by the court or other entity which issued the order, and must occur whether or not the obligor has executed an assignment of income under section 15-5-24, or under the laws of another state.

(2) With respect to a support order issued or modified in this state, an obligor shall become subject to income withholding and the income withholding may be initiated by the department (a) when the obligor has failed to make a support payment in full within fourteen (14) days of the due date for the support payment, notwithstanding that payment of the arrearage may be made subsequent to the obligor's receipt of notice of income withholding or prior to the date of hearing, or (b) the date on which the obligor requests, in writing, that the income withholding begin, whichever is earliest.

(3) With respect to an order issued or modified in this state, the department may initiate income withholding: (a) utilizing and relying on the information officially recorded on the CSE system as to support orders and arrearages, or (b) after receipt of a certified copy of the support order with all modification, together with the sworn statement of the obligee as to support arrearages and stating the name and address of the obligor and his or her employer or withholding agent.

(4) With respect to a support order issued or modified in another jurisdiction, income withholding shall be initiated by the department when the support order has been filed and registered in accordance with section 15-16-13, and the department and/or the court shall apply the law of the other jurisdiction as to amount or duration of support arrearages necessary to commence income withholding. In all other respects, the provisions of this chapter and the laws of this state shall apply.

(5) The only basis for contesting income withholding initiated under this section is a mistake of fact. For purposes of this section, mistakes of fact shall be limited to the following: (a) an error in the amount of current support or support arrearage; or (b) the mistaken identity of the obligor; or (c) an error in the amount of income to be withheld in payment of current support and arrearages; or (d) the amount to be withheld exceeds the maximum amount permitted under section 303(b) of the Consumer Credit Protection Act (15 U.S.C. section 1673(b)). The burden shall be on the obligor to establish a defense of mistake of fact.

(6) The department shall provide the obligor with the advance notice required in section 15-16-6 regarding the proposed income withholding initiated under this section and the procedures the obligor should follow if he or she desires to contest the income withholding on the grounds that the income withholding is not proper because of mistakes of fact. The advance notice shall be personally served upon the obligor, or in the alternative, by registered or certified mail.

(7) An obligor may contest the income withholding by filing or mailing a written statement with the department within ten (10) days of receipt of the advance notice under section 15-16-6, which statement shall specify the mistake or mistakes of fact claimed by the obligor.

(8) Payment by an obligor of the support arrearage stated in the advance notice to the obligor may not be the sole basis for failing to implement income withholding. In these circumstances, the master may order income withholding if he or she finds that the obligor has a history of nonsupport or is likely to default on the timely payment of support.

15-16-5.1. Immediate income withholding -- Support orders issued or modified on or after January 1, 1994. -- (a) With respect to a support order issued, enforced, or modified on or after, January 1, 1994 the income of an obligor shall be subject to immediate income withholding under this chapter on the effective date of the order, regardless of whether support payments by such obligor are in arrears; provided that the income of the obligor shall not be subject to immediate income withholding (1) if a judge or master of the family court finds that there is good cause not to require immediate income withholding or (2) if the obligor and obligee (and the department in the case of an obligee subject to an assignment of support rights under section 40-6-9) enter into a written agreement or order which provides for an alternative arrangement for the timely payment of support due under the support order.

(b) The obligor shall be given advance notice, by way of the pleadings or otherwise, that his or her income is subject to immediate income withholding as provided in subsection (a) above, that the maximum amount of income to be withheld may not exceed the limit permitted under section 303(b) of the Consumer Credit Protection Act (15 U.S.C. 1673(b)), and that he or she may contest immediate income withholding, and assert any defenses, exceptions or exemptions to which he or she may be entitled, at a hearing before a judge or master of the family court.

(c) {ADD With the exception of those income withholding orders issued pursuant to section 15-23-33, an ADD} An immediate income withholding order issued under this section shall be filed by the department or the obligee with the clerk of the family court or, as appropriate, with the reciprocal office of the family court and shall be subject to the provisions of sections 15-16-9 through 15-16-13.

15-16-10. Duties and liabilities of withholding agent. -- (a) An income withholding agent shall remit to the clerk of the family court {ADD or such other remittee as directed in the income withholding order ADD} , except as provided in subsection (i), all amounts withheld from the income of an obligor within ten (10) days of the date the income was paid or payable to the obligor , and the income withholding agent shall specify the date and amount of each withholding included in the remittance. The withholding agent may combine withheld amounts from two (2) or more obligors into a single payment, provided that the withholding agent separately identifies the individual obligors and the amount attributable to each obligor.

(b) An income withholding agent may deduct a fee of two dollars ($2.00) from the obligor's remaining income for each payment made pursuant to an income withholding order under this chapter.

(c) The income withholding agent must notify the department, in writing, of the termination of the obligor's employment within thirty (30) days of the termination. Notice shall include the last known address of the obligor and the name and address of the obligor's new employer, if known.

(d) Any withholding agent failing to comply with any of the requirements of this chapter may be punished by the family court or its master for civil contempt. The court or its master shall first afford the withholding agent a reasonable opportunity to purge itself of the contempt.

(e) Any withholding agent who shall fail or refuse to deliver income pursuant to an income withholding order issued under this chapter, when the withholding agent has had in its possession the income, shall be personally liable for the amount of the income which the withholding agent failed or refused to deliver, together with costs, interest, and reasonable attorney's fees.

(f) Any withholding agent who dismisses, demotes, disciplines, refuses to hire, or in any way penalizes an obligor on account of any income withholding order issued under this chapter shall be liable to the obligor for all damages, together with costs, interest thereon, and reasonable attorney's fees resulting from the action, and shall be subject to a fine not to exceed one hundred dollars ($100.00). The withholding agent shall be required to make full restitution to the aggrieved obligor including reinstatements and back pay.

(g) A withholding agent may be enjoined by a court of competent jurisdiction from continuing any action in violation of this chapter.

(h) Compliance by a withholding agent with an income withholding order issued under this chapter operates as a discharge of the withholding agent's liability to the obligor as to that portion of the obligor's income so affected.

(i) With respect to a support order which is not subject to enforcement under the state plan and which is not subject to an assignment of rights to the department of human services, an income withholding order may direct an income withholding agent to remit withheld amounts directly to the obligee, in lieu of remittance to the clerk of the family court, if the obligor and obligee agree to such alternative arrangement in a signed writing filed with the family court.

15-16-11. Duration -- Modification or revocation of order. -- An income withholding order issued pursuant to this chapter shall remain in full force and effect until modified or revoked by the family court or its master . The order may be modified or revoked by the court upon application and for good cause shown, provided that the payment by the obligor of all support arrearages shall not be the sole basis for modification or revocation of the income withholding order.

15-16-13. Registering support orders of another jurisdiction for purposes of income withholding. -- (a)(1) Upon receiving a support order of another jurisdiction with the documentation specified in subsection (b) from an agency of another jurisdiction, the department shall file the documents in a central registry which it shall maintain and the department shall initiate income withholding. {ADD A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state. ADD}

{ADD (2) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce an income-withholding order. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order. ADD}

(2) {ADD (3) ADD} At any hearing contesting proposed income withholding based on a support order registered under this section, the registered order, accompanying sworn or certified statement, and a certified copy of an income withholding order, if any, still in effect shall constitute prima facie proof, without further proof or foundation, that the support order is valid, that the amount of current support payments and arrearages is as stated, and that the obligee or agency would be entitled to income withholding under the law of the jurisdiction which issued the support order. Once a prima facie case has been established, the obligor may raise only the defense of mistake of fact as stated in section 15-16-5.

(b) The following documentation is required for the registration of a support order of another jurisdiction:

(1) A certified copy of the support order with all modifications;

(c) A support order entered under this section shall be enforceable by income withholding against income derived in this state in the same manner and with the same effect as if such support order had been issued in this state, provided, however, that the filing and registering of the order shall not confer jurisdiction on the courts of this state for any purpose other than income withholding.

{ADD (1) a letter of transmittal requesting registration and enforcement;

(2) two copies, including one certified copy, of all orders to be registered, including any modification of an order;

(3) a sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage;

(4) the name of the obligor and, if known:

(i) the obligor's address and social security number;

(ii) the name and address of the obligor's employer and any other source of income of the obligor; and

(iii) a description and the location of property of the obligor in this state not exempt from execution; and

(5) the name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.

(c) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.

(d) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state. Except as otherwise provided herein, a tribunal of this state shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction. ADD}

15-16-15. Initiation of income withholding with other jurisdictions. -- On {ADD With respect to a state that has not adopted Uniform Interstate Family Support Act (UIFSA), on ADD} behalf of any client for whom the department is already providing services, or on application of a resident of this state who is an obligee or obligor of a support order issued by this state, or of an agency to whom the obligee has assigned support rights, the department shall promptly request the agency of another jurisdiction in which the obligor of a support order derives income to enter the order for the purpose of obtaining income withholding against that income. The department shall compile and transmit promptly to the agency of the other jurisdiction all documentation required to enter a support order for this purpose. The department also shall transmit immediately to the agency of the other jurisdiction a certified copy of any subsequent modifications of the support order.

SECTION 7. Title 15 of the General Laws entitled "Domestic Relations" is hereby amended by adding thereto the following chapter:

{ADD 15-23-1. Definitions. -- For purposes of this chapter except as may otherwise be required by context:

(1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

(2) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state.

(3) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.

(4) "Home state" means the state in which a child lived with a parent or a person acting as parent for at least six (6) consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six (6) months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six (6) month or other period.

(5) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.

(6) "Income-withholding order" means an order or other legal process directed to an obligor's employer or other debtor, as defined by section 15-16-1 et, seq., to withhold support from the income of the obligor.

(7) "Initiating state" means a state in which a proceeding under this chapter or a law substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of the Support Act is filed for forwarding to a responding state.

(8) "Initiating tribunal" means the authorized tribunal in an initiating state.

(9) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage.

(10) "Issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage.

(11) "Law" includes decisional and statutory law and rules and regulations having the force of law.

(12) "Obligee" means:

(i) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;

(ii) a state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or

(iii) An individual seeking a judgment determining parentage of the individuals' child.

(13) "Obligor" means an individual, or the estate of a decedent:

(i) who owes or is alleged to owe a duty of support;

(ii) who is alleged but has not been adjudicated to be a parent of a child; or

(iii) who is liable under a support order.

(14) "Prosecuting attorney" means the public official in the appropriate jurisdiction who has the duty to enforce criminal laws relating to the failure to provide for the support of any person.

(15) "Register" means to file a support order or judgment determining parentage in the registry of the Rhode Island family court.

(16) "Registering tribunal" means a tribunal in which a support order is registered.

(17) "Responding state" means a state to which a proceeding is forwarded under this chapter or a law substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.

(18) "Responding tribunal" means the authorized tribunal in a responding state.

(19) "Spousal-support order" means a support order for a spouse or former spouse of the obligor.

(20) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. The term "state" includes an Indian tribe and includes a foreign jurisdiction that has established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this chapter.

(21) "Support enforcement agency" means a public official or agency authorized to seek:

(i) enforcement of support orders or laws relating to the duty of support;

(ii) establishment or modification of child support;

(iii) determination of parentage; or

(iv) to locate obligors or their assets.

(22) "Support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees, and other relief.

(23) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. ADD}

{ADD 15-23-2. Tribunals of this state. -- The Rhode Island family court, and, where specifically authorized by law, the Rhode Island division of taxation within the department of administration are the tribunals of this State. ADD}

{ADD 15-23-3. Remedies cumulative. -- Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law. ADD}

{ADD 15-23-4. Bases for jurisdiction over nonresident. -- In proceeding to establish, enforce, or modify a support order or to determine parentage, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

(1) the individual is personally served within this State pursuant to the Rules of Domestic Relations;

(2) the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(3) the individual resided with the child in this state;

(4) the individual resided in this state and provided prenatal expenses or support for the child;

(5) the child resides in this state as a result of the acts or directives of the individual;

(6) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;

(7) the individual acknowledged paternity by completing an affidavit of paternity signed by both parents; or

(8) there is any other basis consistent with the constitutions of this state, and the United States for the exercise of personal jurisdiction. ADD}

{ADD 15-23-5. Procedure when exercising jurisdiction over nonresident. -- A tribunal of this state exercising personal jurisdiction over a nonresident under section 15-23-30 (Assistance with Discovery) to obtain discovery through a tribunal of another state. In all other respects, sections 15-23-13 through 15-23-47 shall not apply and the tribunal shall apply the procedural and substantive law of this state, including the rules on choice of law other than those established by this chapter. ADD}

{ADD 15-23-6. Initiating and responding tribunal of this state. -- Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state. ADD}

{ADD 15-23-7. Simultaneous proceedings in another state. -- (a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state only if:

(1) the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state;

(2) the contesting party timely challenges the exercise of jurisdiction in the other state; and

(3) if relevant, the other state is the home state of the child.

(b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if:

(1) the petition or comparable pleading in the other state is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;

(2) the contesting party timely challenges the exercise of jurisdiction in this state; and

(3) if relevant, the other state is the home state of the child. ADD}

{ADD 15-23-8. Continuing, exclusive jurisdiction. -- (a) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a child support order;

(1) as long as this state remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or

(2) until each individual party has filed written consent with the tribunal of this state for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction.

(b) A tribunal of this state issuing a child support order consistent with the law of this state may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to a law substantially similar to this chapter.

(c) If a child support order of this state is modified by a tribunal of another state pursuant to a law substantially similar to this chapter, a tribunal of this state loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in this state, and may only:

(1) enforce the order that was modified as to amounts accruing before the modification;

(2) enforce nonmodifiable aspects of that order; and

(3) provide other appropriate relief for violations of that order which occurred before the effective date of the modification.

(d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to a law substantially similar to this chapter.

(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

(f) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state. ADD}

{ADD 15-23-9. Enforcement and modification of support order by tribunal having continuing jurisdiction. -- (a) A tribunal of this state may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state.

(b) A tribunal of this state having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply section 15-23-28 (Special Rules of Evidence and Procedure) to receive evidence from another state and section 15-23-30 (Assistance with Discovery) to obtain discovery through a tribunal of another state.

(c) A tribunal of this state which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state. ADD}

{ADD 15-23-10. Recognition of child support orders. -- (a) If a proceeding is brought under this chapter, and one or more child support orders have been issued in this or another state with regard to an obligor and a child, a tribunal of this state shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction:

(1) If only one tribunal has issued a child support order the order of that tribunal must be recognized.

(2) If two or more tribunals have issued child support orders for the same obligor and child, and only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal must be recognized.

(3) If two (2) or more tribunals have issued child support orders for the same obligor and child, and more than one (1) of the tribunals would have continuing, exclusive jurisdiction under this chapter, an order issued by a tribunal in the current home state of the child must be recognized, but if an order has not been issued in the current home state of the child, the order most recently issued must be recognized.

(4) If two or more tribunals have issued child support orders for the same obligor and child, and none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state may issue a child support order, which must be recognized.

(b) The tribunal that has issued an order recognized under subsection (a) is the tribunal having continuing, exclusive jurisdiction. ADD}

{ADD 15-23-11. Multiple child support orders for two or more obligees. -- In responding to multiple registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state, a tribunal of this state shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of this state. ADD}

{ADD 15-23-12. Credit for payments. -- Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of this state. ADD}

{ADD 15-23-13. Proceedings under this chapter. -- (a) Except as otherwise provided in this chapter, sections 15-23-13 through 15-23-31 apply to all proceedings.

(b) This chapter provides for the following proceedings:

(1) establishment of an order for spousal support or child support pursuant to section 15-23-32;

(2) enforcement of a support order and income-withholding order of another state without registration pursuant to section 15-23-33 and 15-23-34;

(3) registration of an order for spousal support or child support of another state without registration pursuant to section 15-23-35 through 15-23-40;

(4) modification of an order for child support or spousal support issued by a tribunal of this state pursuant to sections 15-23-6 through 15-23-9;

(5) registration of an order for child support of another state for modification pursuant to sections 15-23-43 through 15-23-46;

(6) determination of parentage pursuant to section 15-23-47; and

(7) assertion of jurisdiction over nonresidents pursuant to sections 15-23-4 and 15-23-5.

(c) An individual petitioner or a support enforcement agency may commence a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent. ADD}

{ADD 15-23-14. Action by minor parent. -- A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. ADD}

{ADD 15-23-15. Application of law of this state. -- Except as otherwise provided by this chapter, a responding tribunal of this state:

(1) shall apply the procedural and substantive law, including the rules on choice of law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and

(2) shall determine the duty of support and the amount payable in accordance with the law and support guidelines of this state. ADD}

{ADD 15-23-16. Duties of initiating tribunal. -- Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward three copies of the petition and its accompanying documents:

(1) to the responding tribunal or appropriate support enforcement agency in the responding state; or

(2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged. ADD}

{ADD 15-23-17. Duties and powers of responding tribunal. -- (a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to section 15-23-13(c) (Proceedings under this chapter) it shall cause the petition or pleading to be filed and notify the petitioner by first class mail where and when it was filed.

(b) A responding tribunal of this state, to the extent otherwise authorized by law, may do one or more of the following:

(1) issue or enforce a support order, modify a child support order or render a judgment to determine parentage;

(2) order an obligor to comply with a support order specifying the amount and the manner of compliance;

(3) order income withholding;

(4) determine the amount of any arrearages, and specify a method of payment;

(5) enforce orders by civil or criminal contempt, or both;

(6) set aside property for satisfaction of the support order;

(7) place liens and order execution on the obligor's property;

(8) order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment, and telephone number at the place of employment;

(9) issue a body attachment for an obligor who has failed after proper notice to appear at hearing ordered by the tribunal and enter the body attachment;

(10) order the obligor to seek appropriate employment by specified methods;

(11) award reasonable attorney's fees and other fees and costs; and

(12) grant any other available remedy.

(c) A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.

(d) A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation.

(e) If a responding tribunal of this state issues documents to an appropriate tribunal in this state or another state and notify the petitioner by first class mail where and when the pleading was sent. ADD}

{ADD 15-23-19. Duties of support enforcement agency. -- (a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter.

(b) A support enforcement agency that is providing services to the petitioner as appropriate shall:

(1) take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over the respondent;

(2) request an appropriate tribunal to set a date, time and place for a hearing;

(3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

(4) within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice from an initiating, responding, or registering tribunal, send a copy of the notice by first class mail to the petitioner;

(5) within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication from the respondent, or the respondent's attorney, send a copy of the communication by first class mail to the petitioner; and

(6) notify the petitioner if jurisdiction over the respondent cannot be obtained. ADD}

{ADD 15-23-20. Jurisdiction. -- Jurisdiction of any proceeding under this chapter is vested in the family court. ADD}

{ADD 15-23-21. Private counsel. -- An individual may employ private counsel to represent the individual in proceedings authorized by this chapter. ADD}

{ADD 15-23-22. Duties of state information agency. -- (a) The division of taxation within the department of administration is the state information agency under this chapter.

(b) The state information agency shall:

(1) compile and maintain a current list, including addresses, of the tribunals in this State which have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;

(2) maintain a register of tribunals and support enforcement agencies received from other states;

(3) forward to the appropriate tribunal in the place in this state in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located all documents concerning a proceeding under this chapter received from an initiating tribunal or the state information agency of the initiating state; and

(4) obtain information concerning the location of the obligor and the obligor's property within this state not exempt from executive, by such means as postal verification and federal or state local services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, drivers licenses, and social security. ADD}

{ADD 15-23-23. Pleadings and accompanying documents. -- (a) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this chapter must verify the petition. Unless otherwise ordered under section 15-23-24 (Nondisclosure of Information in Exceptional Circumstances), the petition or accompanying documents must provide, so far as known, the name, residential address, and social security number of the obligor and the obligee, and the name, sex, residential address, social security number, and date of birth of each child for whom support is sought. The petition must be accompanied by a certified copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent.

(b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency. ADD}

{ADD 15-23-24. Nondisclosure of information in exceptional circumstances. -- Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this chapter. ADD}

{ADD 15-23-25. Costs and fees. -- (a) The petitioner may not be required to pay a filing fee or other costs.

(b) If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorney's fees may be ordered as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs and expenses.

(c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under sections 15-23-35 through 15-23-46 (Enforcement and modification of Support Order After Registration), a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. ADD}

{ADD 15-23-26. Limited immunity of petitioner. -- (a) Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

(b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter.

(c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while present in this state to participate in the proceeding. ADD}

{ADD 15-23-27. Nonparentage as defense. -- A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter. ADD}

{ADD 15-23-28. Special rules of evidence and procedure. -- (a) The physical presence of the petitioner in a responding tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage.

(b) A verified petition, affidavit, document substantially complying with federal mandated forms, and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness residing in another state.

(c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.

(d) Copies of bills for testing for parentage, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten (10) days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges billed were reasonable, necessary, and customary.

(e) Documentary evidence transmitted from another state to a tribunal of this state by telephone, telecopier, or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission.

(f) In a proceeding under this chapter, a tribunal of this state may permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony.

(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

(h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.

(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter. ADD}

{ADD 15-23-29. Communications between tribunals. -- A tribunal of this state may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other state. A tribunal of this state may furnish similar information by similar means to a tribunal of another state. ADD}

{ADD 15-23-30. Assistance with discovery. -- A tribunal of this state may:

(1) request a tribunal of another state to assist in obtaining discovery; and

(2) upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state. ADD}

{ADD 15-23-31. Receipt and disbursement of payments. -- A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received. ADD}

{ADD 15-23-32. Petition to establish support order. -- (a) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state may issue a support order if:

(1) the individual seeking the order resides in another state; or

(2) the support enforcement agency seeking the order is located in another state.

(b) The tribunal may issue a temporary child support order if:

(1) the respondent has signed a verified statement acknowledging parentage;

(2) the respondent has been determined by or pursuant to law to be the parent; or

(3) there is other clear and convincing evidence that the respondent is the child's parent.

(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 15-23-17 (Duties and powers of Responding Tribunal). ADD}

{ADD 15-23-33. Recognition of income-withholding order of another state. -- (a) An income-withholding order issued in another state may be sent by first class mail to the person or entity defined as the obligor's employer under the income-withholding law of this state without first filing a petition or comparable pleading or registering the order with a tribunal of this state. Upon receipt of the order, the employer shall:

(1) treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state;

(2) immediately provide a copy of the order to the obligor; and

(3) distribute the funds as directed in the withholding order.

(b) An obligor may contest the validity or enforcement of an income-withholding order issued in another state in the same manner as if the order had been issued by a tribunal of this state. Section 15-23-38 (Choice of Law) applies to the contest. The obligor shall give notice of the contest to any support enforcement agency providing services to the obligee and to:

(1) the person or agency designated to receive payments in the income-withholding order; or

(2) if no person or agency is designated, the obligee. ADD}

{ADD 15-23-34. Administrative enforcement of orders. -- (a) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state.

(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter. ADD}

{ADD 15-23-35. Registration of order for enforcement. -- A support order or an income-withholding order issued by a tribunal of another state may be registered in this state for enforcement. ADD}

{ADD 15-23-36. Procedure to register order for enforcement. -- (a) A support order or income-withholding order of another state may be registered in this state by sending the following documents and information to the appropriate tribunal in this state;

(1) a letter of transmittal to the tribunal requesting registration and enforcement;

(2) two copies, including one certified copy, of all orders to be registered, including any modification of an order;

(3) a sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage;

(4) the name of the obligor and, if known;

(i) the obligor's address and social security number;

(ii) the name and address of the obligor's employer and any other source of income of the obligor; and

(iii) a description and the location of property of the obligor in this state not exempt from execution; and

(5) the name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.

(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.

(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought. ADD}

{ADD 15-23-37. Effect of registration for enforcement. -- (a) A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this state.

(b) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an other issued by a tribunal of this state.

(c) Except as otherwise provided in section 15-23-43 through 15-23-46, a tribunal of this state shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction. ADD}

{ADD 15-23-38. Choice of law. -- (a) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order.

(b) In a proceeding for arrearages, the statute of limitation under the laws of this state or of the issuing state, whichever is longer, applies. ADD}

{ADD 15-23-39. Notice of registration of order. -- (a) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. Notice must be given by first class, certified, or registered mail or by means of personal service authorized by the law of this state. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(b) The notice must inform the nonregistering party:

(1) that a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

(2) that a hearing to contest the validity or enforcement of the registered order must be requested within twenty (20) days after the date of mailing or personal service of the notice;

(3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and

(4) of the amount of any alleged arrearages.

(c) Upon registration of an income-withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to the income-withholding law of this state. ADD}

{ADD 15-23-40. Procedure to contest validity or enforcement of registered order. -- (a) a nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within twenty (20) days after the date of mailing or personal service of notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 15-23-41 (Contest of Registration of Enforcement).

(b) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.

(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties by first class mail of the date, time, and place of the hearing. ADD}

{ADD 15-23-41. Contest of registration or enforcement. -- (a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(1) the issuing tribunal lacked personal jurisdiction over the contesting party;

(2) the order was obtained by fraud;

(3) the order has been vacated, suspended, or modified by a later order;

(4) the issuing tribunal has stayed the order pending appeal;

(5) there is a defense under the law of this state to the remedy sought;

(6) full or partial payment has been made; or

(7) the statute of limitations under section 15-23-38 (Choice of Law) precludes enforcement of some or all of the arrearages.

(b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state.

(c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order. ADD}

{ADD 15-23-42. Confirmed order. -- Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. ADD}

{ADD 15-23-43. Procedure to register child support order of another state for modification. -- A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in sections 15-23-35 and 15-23-36 and sections 15-23-38 through 15-23-42 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification. ADD}

{ADD 15-23-44. Effect of registration for modification. -- A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of section 15-23-45 (Modification of Child Support Order of Another State) have been met. ADD}

{ADD 15-23-45. Modification of child support order of another state. -- (a) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if, after notice and hearing, it finds that:

(1) the following requirements are met:

(i) the child, the individual obligee, and the obligor do not reside in the issuing state;

(ii) a petitioner who is a nonresident of this state seeks modification; and

(iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; and

(2) an individual party or the child is subject to the personal jurisdiction of the tribunal and all of the individual parties have filed a written consent in the issuing tribunal providing that a tribunal of this state may modify the support order and assume continuing, exclusive jurisdiction over the order.

(b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.

(c) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state.

(d) On issuance of an order modifying a child support order issued in another state, a tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction.

(e) Within thirty (30) days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal which had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows that earlier order has been registered. ADD}

{ADD 15-23-46. Recognition of order modified in another state. -- A tribunal of this state shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant to a law substantially similar to this chapter and, upon request, except as otherwise provided in this chapter, shall:

(1) enforce the order that was modified only as to amounts accruing before the modification;

(2) enforce only nonmodifiable aspects of that order;

(3) provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and

(4) recognize the modifying order of the other state, upon registration, for the purpose of enforcement. ADD}

{ADD 15-23-47. Proceeding to determine parentage. -- (a) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this chapter or a law substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child.

(b) In a proceeding to determine parentage, a responding tribunal of this state shall apply the Uniform Parentage Act; procedural and substantive law of this state, and the rules of this state on choice of law. ADD}

{ADD 15-23-48. Grounds for rendition. -- (a) For purposes of section 15-23-48 and 15-23-49, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.

(b) The governor of this state may:

(1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or

(2) on the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

(c) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. ADD}

{ADD 15-23-49. Conditions of rendition. -- (a) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee the governor of this state may require a prosecutor of this state to demonstrate that at least sixty (60) days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.

(b) If, under this chapter or a law substantially to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order. ADD}

{ADD 15-23-50. Official to represent obligee. -- In any proceeding under this chapter, the division of taxation within the department of administration legal counsel shall represent the obligee. ADD}

{ADD 15-23-51. Uniformity of application and construction. -- This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. ADD}

{ADD 15-23-52. Short title. -- This chapter may be cited as the Uniform Interstate Family Support Act. ADD}

{ADD 15-23-53. Severability clause. -- If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. ADD}

SECTION 8. Chapter 23-3 of the General Laws entitled "Vital Records" is hereby amended by adding thereto the following section:

{ADD 23-3-10.1. Certificates of birth--Social security numbers. -- The state registrar of vital records shall maintain a record of the social security number of each parent whose name is recorded on any certificate of birth established or amended under this chapter on or after September 1, 1996, unless the registrar finds good cause for not requiring the number. Said social security number shall be kept confidential and shall be disclosed only to the state agency responsible for administering the state's child support enforcement program. Social security numbers obtained pursuant to this section shall not be used for any purpose other than for the establishment and enforcement of child support orders, to the extent authorized by federal law. ADD}

SECTION 9. Section 23-3-21 of the General Laws in Chapter 23-3 entitled "Vital Records" is hereby amended to read as follows:

23-3-21. Correction and amendment of vital records. -- (a) A certificate or record registered under this chapter may be amended only in accordance with this chapter and regulations thereunder adopted by the director of health to protect the integrity and accuracy of vital statistics records.

(b) A certificate that is amended under this section shall be marked "amended" except as provided in subsection (d) of this section. The date of amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the record. The director of health shall prescribe by regulation the conditions under which additions or minor corrections shall be made to birth certificates within one year after the date of birth without the certificate being considered as amended.

(c) Upon receipt of a certified copy of a court order changing the name of a person born in this state and upon request of such person or his or her parent, guardian, or legal representative, the state registrar of vital records shall amend the certificate of birth to reflect the new name.

(d) Upon request and receipt of a sworn acknowledgement of paternity of a child born out of wedlock signed by both parents, the state registrar of vital records shall amend a certificate of birth to show such paternity if paternity is not shown on the birth certificate. {ADD The department of human services and the division of taxation within the department of administration are authorized to accept a sworn acknowledgment of paternity of a child born out of wedlock signed by both parents on forms prescribed in accordance with section 23-3-9, to forward the acknowledgment to the state registrar of vital records, and the state registrar of vital records shall amend the certificate of birth to show such paternity if paternity is not shown on the birth certificate. ADD} Upon request of the parents, after approval by a court of competent jurisdiction, the surname of the child shall be changed on the certificate to that of the father. The certificate shall not be marked "amended."

(e) When a certificate is amended under this section, the state registrar of vital records shall report the amendment to the custodian of any permanent local records and such record shall be amended accordingly.

SECTION 10. Title 40 of the General Laws entitled "Human Services" is hereby amended by adding thereto the following chapter:

{ADD 40-5.1-1. Title. -- This chapter is hereby entitled "The Rhode Island Family Independence Assistance Act" (the "Act"). ADD}

{ADD 40-5.1-2. Legislative intent. -- It is the intent of the general assembly to fundamentally change the public assistance program known as "aid to families with dependent children program" to a program to provide temporary financial assistance to eligible families with children while facilitating the entry or re-entry of the adult members of the family into the workplace with necessary supports.

(a) The general assembly intends that an unemployed parent seeking cash assistance under the act, except one expressly exempted under the act, will begin working and/or participating in a work readiness program on a regular basis within seven (7) days after the department of human services and the parent have completed an individualized employment plan for the parent, or as soon as practical thereafter. This plan will identify the steps--education, job training, employment search, part-time work and full-time work -- that the recipient will follow to become financially self-sufficient within the shortest practicable time. The plan will also identify the support services -- child care, literacy training, skills training and medical coverage which the state will provide during the transition to financial self-sufficiency. The plan will also detail the benefits to which the family is entitled and the obligation of the family to cooperate with the state in capturing child support and medical coverage due to the family from absent parents or other third parties.

(b) The general assembly anticipates that, as each employment plan is implemented, family earnings will increase. This increase will gradually reduce the level of cash assistance for which the family is eligible. With careful strategic management of the state's child care assistance and medical assistance programs, the total cost of all cash assistance to these families should decline as their earnings increase.

(c) The general assembly intends that reductions in program costs which flow from the earnings of those receiving cash assistance, be invested in health care, child care, education, literacy and skill training.

(d) It is further the intent of the general assembly that the program of transitional assistance be operated in a manner that enhances family cohesion and a stable living environment for children.

(e) The act is specifically intended to:

(i) Assist working families with children who, notwithstanding parental employment, have insufficient income to meet their needs for food, shelter, clothing, child care and medical care.

(ii) Provide families with parents who are unemployed with financial assistance while they obtain the skills necessary for employment and provide the child care and medical coverage they require to be employed. Unless exempt, parents must be working in paid or unpaid employment within twenty-four (24) months of entering into an employment plan.

(iii) Provide supervision and parenting skills to parents below the age of eighteen (18), while assisting, encouraging and requiring them to complete their high school education.

(f) The general assembly intends that the act make certain fundamental changes in the way the state of Rhode Island delivers services to families in need of transitional assistance. These include the following:

(i) Case management: The general assembly intends that case managers and/or case management teams, to the extent practical shall be stationed in the neighborhoods where recipients live and accessible to them at convenient times. Case managers and/or case management teams have the lead responsibility for assisting families to access the services they need to become independent.

(ii) Inter-departmental cooperation: The department of human services, the single state agency, is responsible for administration and implementation of this chapter. This shall include developing and implementing the case management system, and for the payment of cash assistance, child care subsidies and medical assistance to children and families in need. The departments to be consulted include the following:

(A) department of education which provides adult education and literacy programs;

(B) community college of Rhode Island which provides vocational training at the postsecondary level;

(C) department of employment and training which is responsible for establishing job training programs and is charged specifically under the act with (1) identifying continuously where employment opportunities exist for families receiving cash assistance, (2) consulting upon request with the department of human services with respect to the employability of applicants and the development of individual employment plans.

(D) Rhode Island economic development corporation, which is responsible for expansion of job opportunities in the state for low income families with children.

(E) human resources investment council which is responsible for coordinating all employment and training activities within the state;

(F) department of children, youth and families which regulates child day care providers; and is ultimately responsible for the guardianship of children at-risk;

(G) Rhode Island housing and mortgage finance corporation, which is responsible for expanding housing opportunities for low income families;

(H) family court, which is responsible for enforcing the support obligations of absent parents and protecting those children whose health and well-being is at risk because of an absence of family resources.

(I) department of administration, division of taxation for establishing child support enforcement obligations on the part of noncustodial parents.

(iii) The department of human services shall annually evaluate the performance of the programs prescribed by this chapter. The department shall report the findings of these evaluations to the general assembly. ADD}

{ADD 40-5.1-3. Definitions. -- As used in this chapter the following terms having the meanings set forth herein, unless the context in which such terms are used clearly indicates to the contrary:

"Child" means an individual (including an individual who is born while one or both of his or her parents are receiving assistance under any provision of this chapter), other than an individual with respect to whom foster care maintenance payments are made, who is (i) under the age of eighteen (18), or (ii) under the age of nineteen (19) and a full-time student in a secondary school (or in the equivalent level of vocational or educational training), if before he or she attains age nineteen (19), he or she may reasonably be expected to complete the program of such secondary school (or such training).

"Department" means the department of human services.

"Director" means the director of the department of human services.

"Gross earnings" means earnings from employment and self-employment; provided however, gross earnings does not include (i) wages subject to legal attachment, (ii) work expenses incurred by individuals who are self-employed where such expenses are directly related to producing the goods or providing the services and without which the goods or services could not be produced or provided; and; (iii) the reasonable cost of maintaining a roomer or boarder and of renting property.

"Earned income tax credit" means the credit against federal personal income tax liability under section 32 of the Internal Revenue Code of 1986 or any successor section, the advanced payment of the earned income tax credit to an employee under section 3507 of the code or any successor section and any refund received as a result of the earned income tax credit.

"Family" means: (A) A pregnant woman from and including the seventh month of her pregnancy; or (B) A child and the following eligible persons living in the same household as the child; (i) each biological or adoptive parent of the child, or in the absence of a parent, any adult relative who is responsible, in fact, for the care of such child, and (ii) the child's minor siblings (whether of the whole or half blood); provided, however, that the term "family" shall not include any person receiving benefits under title XVI of the social security act.

"Relative" means a stepparent, grandparent, great grandparent, great-great grandparent, aunt, great aunt, great-great aunt, uncle, great uncle, great-great uncle, sister, brother, stepbrother, stepsister, halfbrother, halfsister, first cousin, first cousin once removed, niece, great niece, great-great niece, nephew, great nephew, or great-great nephew.

"Subsidized housing" means housing for a family whose rent is restricted to a percentage of its income.

"State" means the state of Rhode Island and Providence Plantations. ADD}

{ADD 40-5.1-4. Case management. -- (a) Except as provided in subsection (e), families shall be provided with access to all services authorized to be provided under this chapter through a case manager or case management team. In all cases, the case manager or case management team shall have primary responsibility within the department for:

(i) determining eligibility for and the type, scope and level of benefits, including cash assistance, child care, medical assistance and emergency assistance, to which families are entitled under this chapter and for regularly reassessing each family's requirements and eligibility;

(ii) for identifying and referring families to other state and private agencies with resources to meet family needs;

(b) In cases involving families applying for and/or receiving cash assistance, the case manager or case management team shall also be responsible for:

(i) assembling with the assistance of the applicant, all documentation in connection with and guiding each family in fulfilling its responsibilities regarding the establishment and enforcement of child support orders, including without limitation, the establishment of paternity, and the collection of any other financial obligations owed to such families by any person, including, without limitation, obligations to provide medical assistance;

(ii) for working with each family in the development and implementation of a family financial plan pursuant to subsection (b); and assisting families with the preparation of documents necessary for families to qualify for the earned income tax credit and the advanced payment of the earned income tax credit;

(c) In cases involving families applying for and/or receiving cash assistance in which a parent is unemployed or underemployed, the case manager or case management team shall also be responsible for developing and working with the parents on a continuing basis to implement their employment plans;

(d) The department shall establish guidelines for case management which require case managers to focus on individual recipient's needs, strengths and challenges and encourage economic self-sufficiency. It shall also develop and adopt a caseload management strategy which ensures that the department's human resources are used as efficiently as possible.

(e) Until July 1, 1998, case management services need only be provided to new applicants for cash assistance and to such other recipients as determined by the department provided, however, that nothing in this subsection shall limit the obligations of the department under section 40-5.1-5. ADD}

{ADD 40-5.1-5. Family financial plan -- Individual employment plan. -- (a) All families who wish to make application for assistance under this chapter shall have the opportunity to do so.

(b) Following receipt of an application the department shall assess the financial conditions of the family and, if a parent is unemployed, the department after consulting if necessary, with the department of employment and training, shall assess the employability of the unemployed parent and, to the extent practicable, the employability of any noncustodial parent of each child in the family. In assessing employability, the department shall take into account (i) the physical capacity, skills, education, work experience, health and safety and family responsibilities and place of residence of the individual; (ii) local employment opportunities and (iii) the child care and supportive services required by the applicant to avail himself or herself of employment opportunities and/or work readiness programs.

(c) On the basis of such assessment, the department, in consultation with the applicant, shall develop a financial plan and employment plan for the family.

(d) The financial plan shall identify all available sources of income and all benefits and services available to the family from state government, local government, from the federal government and from social service agencies. Sources of income may include: earnings from employment, including self employment, the earned income tax credit, advance payment of the earned income tax credit, social security, unemployment compensation, temporary disability insurance, supplemental security income assistance, and payment of support obligations by noncustodial parents. Benefits may include: food stamps, school lunch, housing assistance, home heating assistance, as well as the assistance under this chapter. The plan shall upon the family's request include an annual and monthly cash family budget detailing expenditures (required and possible in the view of these available resources) for food, clothing, shelter, utilities, work expenses (including child care and transportation), health care, personal care and household supplies.

(e) The employment plan shall identify realistic short and long term career objectives, taking into consideration the (i) the physical capacity, skills, education, work experience, health and safety and family responsibilities, and place of residence of the individual; (ii) local employment opportunities and (iii) the child care and supportive services required by and actually available to the applicant to avail himself or herself of employment opportunities and/or work readiness programs; and shall include a strategy for immediate employment and for preparing for, finding, and retaining employment consistent, to the extent practical, with the individual's career objectives.

(f) When a parent is employed, the family is permitted gross earnings of one hundred seventy dollars ($170) per month with no reduction in benefits. For each additional dollar of gross earnings earned in a month above one hundred seventy dollars ($170), the family's cash assistance payment from the department is only reduced by fifty cents. The plan must encourage full utilization of the federal earned income tax credit to maximize the financial resources available to the families. It must also emphasize enforcement of the child support obligations of noncustodial parents in order to further build the family's income. The department must provide, in accordance with this chapter, the child care and other support services that are necessary to accessing employment opportunities. The individualized plans should utilize this process of income building to transition families from reliance on public assistance to financial self-sufficiency.

(g) The recipient will be obligated to comply with the terms of the plan as a condition of receiving the full amount of financial assistance to which he or she is otherwise entitled. ADD}

{ADD 40-5.1-6. Job development incentive. -- (a) The department is hereby authorized to operate a job development program which, on a case-by-case basis, substitutes for the cash assistance to which a family is otherwise entitled under section 40-5.1-9 a subsidy to the employer of a member of such family; provided, that such family's income is not diminished thereby.

(b) To be eligible for a subsidy under this section, an employer must contract to employ a family member for a period of no less six months at the same or a greater salary and under the same terms and conditions as the employer would pay or provide to an unsubsidized employee assigned the same or comparable duties.

(c) The department and the Rhode Island economic development corporation shall cooperate in maximizing the potential of the program authorized subsection (a) for job creation and retention in the state.

(d) The general assembly intends that the program authorized in this section shall be used to promote long-term unsubsidized employment. ADD}

{ADD 40-5.1-7. Grant program. -- The general assembly may appropriate such sums as it deems necessary to provide grants to organizations representing the Rhode Island business community which have been organized in whole or in part for the purpose of (i) locating specific employment opportunities for the adult members of families receiving cash assistance or the noncustodial parents of children in families receiving cash assistance and (ii) providing job coaches and/or mentors to assist such adults or noncustodial parents in gaining, retaining and succeeding in the world of work. ADD}

{ADD 40-5.1-8. Eligibility for cash assistance. -- (a) Except as otherwise provided for herein, 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 either a citizen, or lawfully admitted for permanent residence or otherwise lawfully entitled to reside in the United States.

(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:

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

(ii) 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/her interest in the property;

(iii) 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 such 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 such payments were made;

(iv) 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;

(v) 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 for long distance travel, other than daily commuting, which is essential to the employment of a family member; a vehicle necessary to transport a physically disabled family member where the vehicle is specially equipped to meet the specific needs of the disabled person or if the vehicle is a special type of vehicle that makes it possible to transport the disabled person;

(vi) household furnishings and appliances, clothing, personal effects and keepsakes of limited value;

(vii) burial plots (one for each such child, relative, and other individual), and funeral arrangements;

(viii) for the month of receipt and the following month, any refund of federal income taxes made to such family by reason of section 32 of the internal revenue code of 1986 (relating to earned income tax credit), and any payment made to such family by an employer under section 3507 of the internal revenue code of 1986 (relating to advance payment of such earned income credit);

(ix) the resources of any family member receiving supplementary security income assistance under the social security act.

(d) Except as otherwise provided for herein, 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). The limitation in the preceding sentence only shall apply only if required by federal statute or regulation.

(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 resident of the state for twelve (12) consecutive months or longer shall have his or her benefit reduced under this subsection.

(f) (i) A family: consisting of a parent who is under the age of eighteen (18) (minor parent); and who has never been married ; and 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 such individual and child unless otherwise authorized by the department.

(ii) Subsection (i) shall not apply if: (A) (1) such minor parent or pregnant minor has no parent, legal guardian or other adult relative who is living and or whose whereabouts are known;

(2) the department determines that the physical or emotional health or safety of such minor parent, or his or her child, or such 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;

(3) such 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 such minor parent's child or the onset of such pregnant minor's pregnancy; or

(4) there is good cause, under departmental regulations, for waiving such subsection; and

(B) 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;

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

(2) requires teen parents to participate in the adolescent parenting program established in chapter 40-19 of the general laws to the extent such program is available; and

(3) 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:

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

(ii) 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 such family member with respect to whom such aid is claimed, or in obtaining any other payments or property due any family member, unless such applicant is found to have good cause for refusing to comply with the requirements of this subsection.

(iii) 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. ADD}

{ADD 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) 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, the department shall develop a family financial plan pursuant to section 40-5.1-5 and, unless the parent is exempt from work pursuant to subsection (iv) hereof, the department shall assess the parent's educational and vocational abilities and develop an individual employment plan pursuant to section 40-5.1-5. In the case of a family including two parents, the department may develop an employment plan for each parent if the parents so request.

(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 such work activity.

(i) During the first twenty-four (24) months of the employment plan, the parent shall participate in one of the following work activities, as appropriate, to help the parent obtain stable full-time paid employment:

(A) twenty (20) hours per week of paid employment, (including on-the-job training);

(B) twenty (20) hours per week of community work experience in a program which satisfies the requirements of section 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 section 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 section 40-5.1-20;

(F) a supervised individual job search which meets the conditions set forth in section 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 month of the employment plan, the parent shall participate in one (1) or more of the following work activities for at least twenty (20) hours per week:

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

(B) a community work experience program which satisfies the requirements of section 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.

(iii) The following parents shall be deferred from the participation requirement in subsection (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 (1) 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 (2) 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 sections A-C, the parent shall be subject to the work activity requirements of subsection (ii).

(iv) Sections (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;

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

(F) A pregnant woman in her third trimester;

(G) Otherwise exempt by the department.

(v) The amount of cash assistance to which an otherwise eligible family is entitled under the act, shall be reduced in any month during the first twenty-four months of the parent's employment plan in which the parent fails, without good cause, to comply with the employment plan, by the parent's portion of the family's benefit.

(vi) Beginning with the twenty-fifth month of the employment plan, the following penalties shall apply in any month to a family in which the parent, without good cause, fails to comply with his or her employment plan: ADD}

{ADD For purposes of subsections (v) and (vi) the benefit reduction for a family size of 2 shall be computed utilizing a family size of 3.

If a parent fails to comply with his or her employment plan for more than twenty four months, the family's benefit shall be reduced by 100% of the parent's benefit and the entire benefit shall be paid to some appropriate and responsible person (other than the parent) to pay the expenses of the family. An "appropriate responsible person" may include the family's case manager.

If the family's benefit has been reduced due to the parent's failure to comply with the terms of the 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 agrees to comply with the terms of the plan.

If a family subject to a reduction in benefits under this subsection:

(1) terminates benefits;

(2) reapplies within 3 months and;

(3) has not had gross earnings in excess of $100 during the 3 month period;

There shall be a rebuttable presumption that the family has terminated in order to avoid a further reduction in benefits, and penalties shall be applied as if the family had not terminated from the program.

(vii) Notwithstanding subsections (i) and (ii) of this subsection, in the case of a family consisting of two parents, beginning seven (7) days following completion of the family financial plan and the individual employment plan(s), or as soon as practical thereafter, one or both of the parents shall be working a total of 40 hours/week or one parent shall be employed at a full-time job (not less than 35 hours/week).

(viii) Section (vii) shall not apply during the first three months of the employment plan if at least one parent is successfully participating in a rapid job placement program, a work readiness or training program, or engaged in a supervised individual job search. Additionally section (vii) shall not apply if:

(A) one parent 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 training or to provide care for his/her children;

(B) one parent 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;

(C) the department determines there are no paid or unpaid employment opportunities available to either parent during the month;

(D) otherwise authorized by the department for cause.

(ix) If, during any month, parents required to comply with subsection (vii) fail, without good cause to do so, the family shall be deemed for all purposes under this act 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. The parent included in the family, unless exempt pursuant to subsection (iv), shall be required to comply with subsections (i) and (ii) of this section and shall be subject to the penalties in subsections (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 section 40-5.1-10(b).

(x) 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.

(e) Child care. Notwithstanding any other provision of this section, no single parent, or both parents meeting the requirements of subsection (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 is under supervision of the family court or who requires care because of a physical or mental impairment.

(f) 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. ADD}

{ADD 40-5.1-9.1. Lump sum payment in lieu of cash assistance. -- (a) In accordance with a limited pilot project to be established by the department, the department may offer families who are eligible for cash assistance under the act a lump sum payment equal to up three (3) times the monthly amount of cash assistance to which the family would otherwise be entitled if:

(i) the department finds that a lump sum payment would enable an adult member of the family to either accept and commence employment based upon a verifiable job offer, or to maintain current employment;

(ii) the family waives any cash assistance to which it would otherwise be entitled during the six (6) month period immediately following payment of the lump sum; and

(iii) the department provides the family with a clear and concise description of the waiver which must be signed.

(b) Each member of a family which receives a lump sum payment under this section shall be deemed for all other purposes to be receiving cash assistance throughout the six (6) month waiver period. ADD}

{ADD 40-5.1-10. Income. -- (a) In general. Except as otherwise provided for herein, in determining eligibility for and the amount of cash assistance to which a family is entitled under this chapter, the income of a family includes all of the money, goods and services received or actually available to any member of the family.

(b) Earned income disregards. In determining the amount of cash assistance to which a family is entitled under this chapter, income in any month shall not include the first one hundred seventy dollars ($170) of gross earnings plus fifty percent (50%) of the gross earnings of the family in excess of one hundred seventy dollars ($170) earned during the month.

(c) Exclusions from income. The income of a family shall not include:

(1) the first fifty dollars ($50) in child support received in any month from each noncustodial parent of a child plus any arrearages in child support (to the extent of the first fifty dollars ($50) per month multiplied by the number of months in which such support has been in arrears) which are paid in any month by a noncustodial parent of a child.

(2) earned income of any child;

(3) income received by a family member who is receiving supplemental security income assistance under Title XVI of the Social Security Act;

(4) the value of assistance provided by state or federal government or private agencies to meet nutritional needs including: value of USDA donated foods; value of supplemental food assistance received under the Child Nutrition Act of 1966, as amended and the special food service program for children under Title VII, Nutrition program for the Elderly, of the Older Americans Act of 1965 as amended, and the value of food stamps;

(5) value of certain assistance provided to undergraduate students including: any grant or loan for an undergraduate student for educational purposes made or insured under any loan program administered by the US Commissioner of Education (or the Rhode Island board of governors for higher education or the Rhode Island higher educational assistance authority).

(6) foster care and adoption assistance payments;

(7) home energy assistance funded by state or federal government or by a nonprofit organization;

(8) payments for supportive services or reimbursement of out-of-pocket expenses made to foster grandparents, senior health aides or senior companions and to persons serving in SCORE and ACE and any other program under Title II and Title III of the Domestic Volunteer Service Act of 1973;

(9) payments to volunteers under VISTA;

(10) certain payments to native Americans; payments distributed per capita to, or held in trust for, members of any Indian Tribe under PL 92-254, PL 93-134 or PL 94-540; receipts distributed to members of certain Indian tribes which are referred to in section 5 of PL 94-114 that became effective October 17, 1975;

(11) the federal earned income tax credit;

(12) the value of any state, local, or federal government rent or housing subsidy, provided that this exclusion shall not limit the reduction in benefits provided for in section 40-5.1-9(b). ADD}

{ADD 40-5.1-11. Treatment of lump sum income. -- (a) If a family member receives in any month a lump sum income which, together with all other income for the month, exceeds the payment standard for the family:

(1) such lump sum income shall be considered income of such individual in the month received, and the family of which such person is a member shall be ineligible for cash assistance for the whole number of months that equals the sum of such amount and all other income received in such month, divided by the payment standard for the family; provided, however, that a family member who was not in the household at the time of receipt of the lump sum payment shall not be affected by the period of ineligibility, and

(2) any income remaining (which amount is less than the payment standard for the family) shall be treated as income received in the first month following the period of ineligibility.

(b) The department shall recalculate the period of ineligibility under subsection (a) if an event occurs which, had the family been receiving cash assistance for the month of occurrence would result in a change in the amount payable for such month, or if the income received has become unavailable to the members of the family for reasons that are beyond the control of such members.

(c) For purposes of this section "lump sum income" means income which is an accumulation of current income received in a single sum. That portion of lump sum income which is received from a third party for payment of medical bills, funeral expenses or replacement or repair of real or personal property is excluded from lump sum as long as such income is used only for that purpose. ADD}

{ADD 40-5.1-12. Parent, stepparent, grandparent and sponsor income deeming. -- (a) Parents. For purposes of determining eligibility for and the amount of cash assistance to which a family is entitled under this chapter, the income of a child shall include the income of a parent who is not included within the family of the child solely by reason of section 40-5.1-9(c) (2) (v) or (vi). For purposes of this section the term "income" has the meaning prescribed in section 40-5.1-10 including subsection (b).

(b) Stepparents. For purposes of determining eligibility for and the amount of cash assistance to which a family is entitled under this chapter, the income of a child shall include the income of the child's stepparent (if living in the same house as such child) minus the sum of (A) the first ninety dollars ($90) of such stepparent's earned income for such month, (B) the standard of need for a family of the same composition as the stepparent (but excluding any person included in the child's family), (C) amounts paid by the stepparent to individuals not living in the stepparent's home and claimed by him or her as dependent for federal tax purposes and (D) alimony or child support payments made by the stepparent with respect to individuals not living in such household.

(c) Grandparents. The income of a child whose parent is under the age of eighteen (18) shall include any income of the child's grandparents, if the grandparents are living in the same home as the child and his or her parent, to the same extent that income of a stepparent is included under subsection (b).

(d) Sponsors. The income of a legal resident who is not a citizen, shall include the income and resources of any person (and their spouse) who (as a sponsor of such individual's entry into the United States) executed an affidavit of support or similar agreement with respect to such individual, for a period of three (3) years after the individual alien's entry into the United States. The first section of this subsection shall not apply if the sponsor of the legal resident is a recipient of SSI, general public assistance or cash assistance under this chapter, or if the legal resident is:

(i) a dependent child of the sponsor or of the sponsor's spouse;

(ii) admitted as a conditional entrant refugee to the United States as a result of the application prior to 4/1/80 of the provisions of Section 203(a)(7) of the Immigration and Nationality Act;

(iii) admitted as a refugee to the United States as a result of application after 3/31/81 of the provisions of Section 207(c) of the Immigration and Nationality Act;

(iv) paroled into the United States as a refugee under section 212(d)(5) of the Immigration and Nationality Act;

(v) granted political asylum by the attorney general under section 208 of the Immigration and Nationality Act;

(vi) a Cuban or Haitian entrant, as defined in section 501(3) of the Refugee Education Assistance Act of 1980 (Public Law 96-422);

(vii) an Amerasian admitted to the United States under the provisions of the Amerasian Homecoming Act (Public Law 100-200).

In determining the resources to be deemed to the legal resident, the exclusion of resources in section 40-5.1-8(b) shall be applied and the total value of countable resources in excess of one thousand five hundred dollars ($1,500) shall be considered available to the legal resident; except that twenty percent (20%) of the earned income of a sponsor (but no more than one hundred seventy-five dollars ($175) per month) shall be excluded. ADD}

{ADD 40-5.1-13. Reporting of income and resources by recipients. -- All adult family members are responsible for reporting changes in income, resources, family composition or other factors which can effect the family's eligibility or payment level within ten (10) days of the change in circumstances. In addition, families receiving cash assistance, as a supplement to earnings must report their earnings on a monthly basis on forms provided by the department. ADD}

{ADD 40-5.1-14. Minimum payment. -- No payment of assistance under section 40-5.1-9(b) shall be made for any month if the amount of such payment would be less than ten dollars ($10), but a family with respect to whom a payment of assistance is denied solely by reason of this section shall otherwise be deemed to be a recipient of assistance under this chapter. ADD}

{ADD 40-5.1-15. Assistance not assignable--Exemption from process. -- Except as otherwise provided for herein, cash assistance shall not be transferable or assignable at law or in equity, and none of the money paid or payable under this chapter shall be subject to execution levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law. ADD}

{ADD 40-5.1-16. Replacement of lost, stolen or undelivered checks. -- The department shall promptly replace cash assistance checks which are not received by the family or which are lost, stolen or totally destroyed after the receipt by the family. ADD}

{ADD 40-5.1-17. Families eligible for child care assistance. -- (a) The department shall provide appropriate child care to every parent who requires child care in order to meet the work requirements in section 40-5.1-9 and to all other families with incomes at or below 185% of the federal poverty line, if and to the extent such other families require child care in order to work at paid employment. For purposes of this section "appropriate child care" is defined in section 40-5.1-9(e).

(b) 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 sliding fee scale adopted by the department.

(c) 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.

(d) For purposes of this section "income" for families receiving cash assistance under section 40-5.1-9 means gross earned income unearned income, subject to the income exclusions in section 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.

(e) The entitlement provided for in section (a) shall be an entitlement to payment of a subsidy for child care to an appropriate child care provider as defined in section 40-6.1-9(e). The caseload estimating conference established by chapter 35-17 of the general laws shall forecast the expenditures for child care in accordance with the provisions of section 35-17-1. ADD}

{ADD 40-5.1-18. Managed care. -- In order to ensure that working families with children, including recipients of cash assistance under this chapter, have access to quality and affordable health care, the department is authorized to plan and to implement a system of health care delivery through a mandatory managed care health system for such families. Managed care is defined as a system that: integrates an efficient financing mechanism with quality service delivery; provides a "medical home" to assure appropriate care and deter unnecessary and inappropriate care; and places emphasis on preventive and primary health care.

The department is authorized to obtain any approval and/or waivers from the United States department of health and human services, health care financing administration, necessary to implement a mandatory managed health care delivery system, and the provisions of the "RIte Care" waiver project number 11-W-0004/1-01, as amended, shall, to the extent approved by the United States Department of Health and Human Services, apply to recipients of cash assistance under this chapter. Prior to submitting additional requests for approvals and/or waivers the department shall submit them to the medical assistance advisory committee for comprehensive review and comment. Subsequent additional applications shall be submitted to the medical assistance advisory committee at least one (1) month prior to submission. The medical assistance advisory committee, to the extent not prohibited by federal law or regulation, shall include legislative members. The department shall annually develop and implement a survey and evaluation of all managed care programs to measure health status outcomes and consumer satisfaction. These results shall be published and made available to the public. ADD}

{ADD 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 program.

(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 program for a period of eighteen (18) 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. ADD}

{ADD 40-5.1-20. Rapid job placement program. -- (a) The department is hereby authorized to operate or contract for rapid job replacement services programs for individuals who are required or elect to participate in such programs.

(b) Rapid job placement service programs shall help participants identify employment opportunities and shall provide personnel qualified to manage and oversee individual job search activities of program participants that result in employment, including part-time, at or above the state minimum wage, as quickly as possible. Program activities shall include, but not be limited to, instruction in: (1) values and workplace competencies valued by employers, (2) resume writing and interviewing, (3) identification and targeting of employment opportunities, (4) marketing skills and experience to potential employers.

(c) If, following completion of a rapid job placement program, an individual remains unemployed the program operator shall provide the department with an assessment of the additional educational or other skills which the individual needs to acquire in order to find employment on a full and/or part-time basis.

(d) The department shall establish performance standards for rapid job placement providers to ensure that the goals of this act are met. ADD}

{ADD 40-5.1-21. Supervised individual job search. -- For purposes of this chapter "supervised individual job search" means a schedule of job search activities, described in an employment plan, which an individual is to undertake under the supervision of his or her case manager or case management team. Unless otherwise provided by the department, such activities shall include no less than twenty (20) documented face-to-face contacts per month with potential employers. ADD}

{ADD 40-5.1-22. Work readiness programs. -- The department is hereby authorized to operate or contract for work readiness programs for those individuals whose employment plan includes participation in such programs. Work readiness programs are programs of limited duration which are designed to help prepare participants for work by assuring that participants are familiar with general workplace expectations and exhibit work behavior and attitudes necessary to compete successfully in the labor market. To the extent practicable work readiness programs should involve supervised community work experience. ADD}

{ADD 40-5.1-23. Supervised community work experience. -- (a) The department is hereby authorized to place in supervised community work experience programs those adults in families receiving cash assistance whose employment plans contain a job readiness component.

(b) The department is also hereby authorized to place in supervised community work experience programs adults in families receiving cash assistance who are unemployed to the extent program participation does not interfere with their participation in rapid job placement programs or individual job search activities.

(c) For purposes of this section "supervised community work experience" means work on any state or local government project or on any project of a nonprofit agency, which the department determines serves a useful public purpose. The work must be: (1) conducted under the direction of a state or local government employee or an employee or volunteer of a nonprofit agency, as the case may be, and (2) on terms and conditions approved by the department. The assignment of an individual to supervised community work experience should, to the extent practicable, take into account the individual's skills, training and education and each individual shall be evaluated by his or her supervisor on the project no less often than quarterly.

(d) The maximum number of hours which an individual may be required to participate in a supervised community work experience in any month is equal to the amount of cash assistance received by the family of which such adult is a member divided by the applicable minimum wage.

(e) No participant in community work experience shall be entitled to any compensation for any work performed in connection therewith, nor shall any participant be treated as an employee of any state or local government or nonprofit social services agency on account of such participation under chapters 28-32 through 28-36 of the general laws. ADD}

{ADD 40-5.1-24. Education, literacy and vocational skills programs. -- (a) The department of education shall directly or through the purchase of assessment services from others provide the department with professional assessments, as necessary, of the educational and vocational skills, literacy, English language skills and the educational and vocational aptitudes and interests of adults receiving or at risk of qualifying for cash assistance under this chapter.

(b) The department of education, by itself, by the purchase of services from others and by and through local education authorities; the board of governors for higher education by and through the community college of Rhode Island, Rhode Island college and the university of Rhode Island; the department of employment training by and through job training programs operated or supervised by the department; private industry councils operating pursuant to the Job Partnership Training Act; and the department to the extent not duplicative of programs operated by others; are hereby authorized to provide education, literacy and job training programs to:

(1) Adult members of families receiving cash assistance under this chapter;

(2) Adult members of families at risk of qualifying for cash assistance under this chapter;

(3) Noncustodial parents of children in families receiving cash assistance under this chapter. ADD}

{ADD 40-5.1-25. Emergency expenses. -- To the extent that the department has allocated resources for this purpose, the department is authorized to provide assistance to families to meet emergency needs which cannot be met with the cash resources available to the family. Such emergency assistance shall be limited to the lesser of actual cost or the sum of two hundred dollars ($200). Except as provided by the department by regulation, no expense shall be reimbursable unless the department has pre-approved the expenditure. Emergency assistance includes, but is not limited to, payment of moving expenses for families who are forced to move their place of residence because of a fire or natural disaster and payments for emergency transportation needs used in connection with participation in any program approved under this chapter. ADD}

{ADD 40-5.1-26. Time. -- A parent or caretaker relative who requests assistance on behalf of a child under this chapter shall meet with a case manager or case management team as soon as possible and no later than five (5) days from the date of request for assistance. The application for assistance shall be accepted or rejected by the department no later than thirty (30) days following the date submitted and shall be effective as of the date of application. ADD}

{ADD 40-5.1-27. Budgeting. -- (a) The department shall determine a family's eligibility for cash assistance for a month (the "eligibility month") on the basis of the family's anticipated income, composition, resources, and other relevant circumstances during such month.

(b) Beginning in the third month following the month in which an application for cash assistance is effective, the amount of cash assistance for a family with earned income shall be determined on the basis of the earned income received by such family in the first or second month (the "budget month") immediately preceding the eligibility month.

(c) If the income from the budget month is from a terminated source, the department shall calculate the amount of cash assistance prospectively for each month after the month in which the income was terminated.

(d) If the income from the budget month results in the family being ineligible for cash assistance for only one (1) month, the family shall be deemed to be a recipient of family assistance under this chapter during such month. ADD}

{ADD 40-5.1-28. Overpayment and underpayment of benefits. -- The department shall promptly take all necessary steps to correct any overpayment or underpayment of aid under this chapter, and, in the case of:

(a) an overpayment to an individual who is a current recipient of such aid (including a recipient whose overpayment occurred during a prior period of ineligibility) recovery will be made by repayment by the individual or by reducing the amount of any future aid payable to the family of which he or she is a member, except that such recovery shall not result in the reduction of aid payable for any month, such that aid, when added to its income is less than ninety percent (90%) of the standard of assistance for a family with the same composition with no other income (and, in the case of an individual to whom no payment is made for a month solely by reason of recovery of any overpayment, such individual shall be deemed to be a recipient of aid for such month);

(b) an overpayment to any individual who is no longer receiving aid under the plan, recovery shall be made by appropriate action by the department under state law against the income or resources of the individual or the family; and

(c) an underpayment, the corrective payment shall be disregarded in determining the income of the family, and shall be disregarded in determining its resources in the month the corrective payment is made and in the following month; except that no recovery need be attempted or carried out under (b) of this section, other than in a case involving fraud on the part of the recipient where the cost of recovery would equal or exceed the amount of overpayment involved. ADD}

{ADD 40-5.1-29. Hearings. -- Any applicant or recipient aggrieved because of a decision by the department, including but not limited to, a decision regarding eligibility for benefits, the amount of benefits, terms of an employment plan or a delay in making a decision with respect to an application for assistance shall be entitled to an appeal. The department shall provide an applicant with written notice of a decision to deny benefits under this chapter and shall provide recipients written notice at least ten (10) days in advance of a decision to terminate or reduce benefits to the family. Notices shall be in easy to understand language and shall explain the reason for the department's decision and cite the relevant section of the department's regulations. The family may appeal the decision by filing a written request with the department within thirty (30) days of the date the notice was mailed. If the recipient files the request within ten (10) days of the date the notice was mailed, the recipient may receive benefits without reduction pending the outcome of the appeal. Hearings with respect to public assistance shall be conducted by the department. ADD}

{ADD 40-5.1-30. Records as to assistance. -- All records pertaining to the administration of public assistance pursuant to this chapter and chapter 8 of this title are hereby declared to constitute confidential matter. In furtherance thereof:

(a) It shall be unlawful for any person to make use of, or cause to be used, any information contained in records for purposes not directly connected with administration thereof, except with the consent of the individual concerned.

(b) The director of the department shall have the power to establish rules and regulations governing the custody, use, and preservation of the records, papers, files and communications dealing with the administration of public assistance. The rules and regulations shall have the same force and effect as law.

(c) The records shall be produced in response to subpoena duces tecum properly issued by any federal or state court; provided, however, that the purpose of for which the subpoena is sought is directly connected with the administration of public assistance. No subpoena shall be issued by a court asking either for the records, or for persons having custody or access to the records, unless the litigation involved in such matters is directly connected with the administration of public assistance.

(d) Any person who by law is entitled to a list of individuals receiving any of the assistance aforesaid, shall not publish or cause to be published the list except by the express consent of the director of the department, or to make use of thereof for purposes not directly connected with the administration thereof.

(e) Any person violating any of the provisions of this section, or the lawful rules and regulations made hereunder, shall be deemed guilty of a misdemeanor and shall be fined not more than two hundred dollars ($200) or shall be imprisoned for not more than six (6) months or both.

(f) Nothing in this section shall be deemed to prohibit the director of the department or his or her agents duly authorized for that purpose, from issuing any statistical material data, or publishing or causing the same to be published whenever he or she shall deem it to be in the public interest.

(g) The director of the department may inquire into the records of any state department or agency in the course of his or her administration of public assistance. ADD}

{ADD 40-5.1-31. Department of human services. -- (a) Except as otherwise provided for herein, the director of the department of human services is responsible for implementation of this chapter.

(b) No later than March 1 each year, the director shall submit a plan to the general assembly showing how, within available resources, the department expects to operate the programs authorized under this chapter in the succeeding fiscal year. The plan shall, to the extent the director deems appropriate, take into account the results of the research and program evaluation conducted by the board of governors for higher education pursuant to section 40-5.1-32 and the views of the advisory commission established pursuant to section 40-5.1-35. It shall describe how the department intends to coordinate its activities with those of other governmental departments and organizations and with those nonprofit nongovernment organizations which provide services to the same population receiving assistance under this chapter. Beginning in state fiscal year 1998, the plan shall include an assessment of the minimum financial resources which Rhode Island families of varying compositions require to provide themselves with adequate food, shelter, clothing, education and health care and, in the case of working families, to pay for work related expenses, including without limitation, child care, transportation and clothing. The assessment shall reflect the child support guidelines issued from time to time by the Rhode Island family court.

(c) The department is empowered and authorized to submit its plan for services under the act to the federal government or any agency or department thereof having funds available for benefits to low income families for approval pursuant to the provisions of the Social Security Act. The department shall act for the state in any negotiations relative to the submission and approval of the plan and/or waivers and may make any arrangement or changes in its plan and/or waivers not inconsistent with this chapter which may be required or permitted by the Social Security Act or rules and regulations promulgated pursuant thereto, to obtain and retain approval and to secure for this state the benefits of the provisions of the federal act relating to family assistance. The department shall make reports to the federal government or any agency or department thereof in the form and nature required by it, and in all respects comply with any request or direction of the federal government or any agency or department thereof which may be necessary to assure the correctness and verification of the reports.

(d) The department of human services is hereby authorized and directed to expedite the implementation of this act by submitting to the federal government, on behalf of the state, such state plan amendments and any federal waiver requests which it deems necessary to fully implement the provisions of this act and to secure for this state the benefits of federal financial participation and/or grants for the above referenced programs, as amended, pursuant to titles IV and XIX of the federal Social Security Act, and Subchapter II-B of the Child Care and Development Block Grant codified at 42 U.S.C. 9858 et. seq., and as such acts may hereafter be recodified or amended by such acts as may be considered and enacted by the Congress of the United States.

Any provisions of chapters 40-5.1, 40-6, 40-6.2 and 42-12-3 which are inconsistent with federal law or regulations shall be void unless the department receives an exemption or waiver from the federal government to implement said provision.

The department of human services is hereby authorized and directed to implement this act only in accordance with the terms and conditions of state plan amendments, waivers, or other approvals granted by the federal government and changes in rules, regulations and policies of the department that are promulgated pursuant to chapter 42-35 of the general laws. ADD}

{ADD 40-5.1-32. Board of governors for higher education. -- The board of governors for higher education, by and through the appropriate academic department of the state college and university system, shall conduct and publish an annual evaluation of the programs operated by the department pursuant to this chapter. ADD}

{ADD 40-5.1-33. Department of employment and training. -- (a) The director of the department of employment and training shall publish monthly an evaluation of the job market for persons likely to be eligible to receive family assistance.

(b) The state employment service shall continuously survey employers in the state who are likely to have positions for which persons eligible for family assistance. ADD}

{ADD 40-5.1-34. Rhode Island economic development corporation. -- The Rhode Island economic development corporation shall report no less often than quarterly on new opportunities for employment for families receiving assistance under this chapter and the extent to which these new opportunities are the result of state government efforts. ADD}

{ADD 40-5.1-35. Advisory commission. -- (a) There is hereby established a commission to advise the director regarding the program authorized by this chapter. The commission shall consist of thirteen (13) residents of the state;

(1) Two (2) appointed by the speaker of the house of representatives, one (1) appointed by the minority leader of the house of representatives; two (2) appointed by the majority leader of the senate; and one (1) appointed by the minority leader of the senate; two (2) appointed by the governor; and

(2) Five (5) shall be appointed by a majority of those appointed pursuant to subsection (i); provided, however, that one (1) shall be from an organization representing the business community, one (1) shall be an organization representative of the advocacy community and one (1) shall be from an organization primarily comprised of the recipients of assistance under this chapter or chapter 40-6, and two (2) shall be current or former recipients of assistance under this chapter or under chapter 40-6; provided further that in making appointments under this subsection those appointed pursuant to subsection (i) shall comply with section 28-5.1-3.1 of the general laws.

(b) Members of the commission shall be appointed in the month of January, each to hold office until the last day of December in the second year of his or her appointment or until his or her successor is appointed by their respective appointing authority and qualified to succeed the member whose term shall next expire.

(c) The commission shall meet annually on or before the second Tuesday in January of each year to elect one (1) of their members as chair and shall meet thereafter at the call of the chair or of any three (3) members of the commission. ADD}

{ADD 40-5.1-36. Rules and regulations. -- The director of the department of human services shall, pursuant to chapter 42-35 of the general laws entitled "Administrative Procedure Act" promulgate rules and regulations necessary to carry out the provisions of this chapter. ADD}

{ADD 40-5.1-37. Noncustodial parents -- Employment obligations. -- Any noncustodial parent who is required by order of the family court to pay support to any family receiving assistance of any kind under this chapter, and who is unemployed and, in whole or in part as a result of such unemployment has failed to comply with all of the terms of such support order may, if permitted by a justice of the family court, purge his or her contempt by accepting employment approved by the court, paying wages no less than the state minimum wage and/or by participation on a full-time basis in a rapid job placement program. ADD}

{ADD 40-5.1-38. Fraudulently obtaining assistance. -- Any person who by any fraudulent device obtains, or attempts to obtain public assistance, pursuant to this chapter, to which he or she is not entitled, or who willfully fails to report income or resources as provided in this chapter shall be guilty of larceny and, upon conviction thereof, shall be punished by imprisonment of not more than five (5) years and by a fine of not more than one thousand five hundred dollars ($1,500) or both, if the value of the public assistance to which he or she is not entitled shall exceed five hundred dollars ($500) or by imprisonment by less than one (1) year or by a fine of not more than five hundred dollars ($500) or by both, if the value of the public assistance to which he or she is not entitled shall not exceed five hundred dollars ($500). ADD}

{ADD 40-5.1-39. Authorization to pay assistance. -- Authorization to pay all forms of assistance specified in this chapter shall be made by representatives of the department and the state controller is hereby authorized to draw his or her orders upon the general treasurer for payments upon receipt by him or her of proper vouchers approved by the department. Subject to any necessary federal approval, the department is authorized to make payments of cash assistance by check, direct deposit, electronic benefit transfer or other means designated by the department. ADD}

{ADD 40-5.1-40. Cashing of cash assistance checks. -- (a) For purposes of this section, the term "banking institution" shall mean (1) any state or federally chartered bank, savings bank, loan and investment bank or credit union located within this state, and (2) any currency exchange specialist located within this state and enrolled with the department of human services pursuant to regulations to be adopted by the department.

(b) Each banking institution shall cash, at its main office or any of its branch offices within the state, any check drawn by the state of Rhode Island and payable within the state to a recipient of cash assistance under this chapter, if the check is negotiated to the banking institution by the original payee of the check, and if the payee produces reasonable identification required by this section and as provided for in regulations adopted pursuant to subsection (d).

(c) Nothing in this section shall be interpreted as limiting any rights which the banking institution may have against the payee by contract or law, with regard to items which are negotiated to it as provided for in this section, which are not paid upon presentment or where such payee breaches a warranty made under section 6A-3-417. This section shall not apply to any check negotiated to a banking institution if such institution has reason to believe that the check will not be paid on presentment or that the tendering party may be in breach of one (1) or more of the warranties contained in said section 6A-3-417.

(d) Provided that a banking institution properly employed the identification procedures prescribed in regulations adopted pursuant to this subsection at the time cash assistance check was cashed by such institution, the state of Rhode Island shall honor and make payment on the cash assistance check and the banking institution shall not be liable to reimburse the state of Rhode Island for a loss incurred as a result of the wrongful payment of such check by such banking institution. The director of the department of human services shall adopt regulations specifying: (1) the forms of reasonable identification which a banking institution shall accept when cashing a cash assistance check pursuant to subsection (b) above; and (2) the identification procedures such institution must employ to receive payment thereon and to avoid liability for wrongful payment of any such check. The regulations shall provide that the forms of reasonable identification shall include but need not be limited to: (1) a cash assistance photo identification card issued by the department of human services; (2) a valid identification card issued by the assistant director for motor vehicles pursuant to section 3-8-6; (3) a valid driver's license; (4) an identification card issued by the department of elderly affairs; and (5) a valid identification card issued by the United States immigration and naturalization service.

(e) The department shall issue a stop payment order with respect to any cash assistance check reported as lost, stolen or undelivered. The department shall not issue a replacement cash assistance check for a period of three (3) business days from the date of the report of such loss, theft or nondelivery. ADD}

{ADD 40-5.1-41. Appropriation of funds. -- The general assembly shall annually appropriate such sums as it may deem necessary for the purposes of carrying out the provisions of this chapter; and the state controller is hereby authorized and directed to draw his orders upon the general treasurer for the payment of such sums, or so much thereof as may from time to time be required upon receipt by him or her of such vouchers approved by the executive officer of the state department of human services. ADD}

{ADD 40-5.1-42. Severability. -- If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not effect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. ADD}

{ADD 40-5.1-43. Transition. -- (a) Each family receiving cash assistance under the Aid to Families with Dependent Children or General Public Assistance, pursuant to chapter 40-6 of the general laws on the last day of the month immediately preceeding the effective date of this chapter, shall be deemed in full compliance with all of the requirements of chapter 40-5.1 of the general laws relating to work and/or work readiness until such time as:

(i) the department has, pursuant to section 40-5.1-5, assessed the financial condition of such family;

(ii) the department has, pursuant to section 40-5.1-5 assessed the employability of each of the parents in such family; and

(iii) the department and the family have, pursuant to section 40-5.1-5, developed an employability plan and such employability plan is incorporated in a family assistance contract for the family.

(b) Each family receiving services under the Pathways to Independence Program pursuant to chapter 40-6 of the general laws on the last day of the month immediately preceeding the effective date of this chapter shall retain eligibility for such services until such time as:

(i) the department has, pursuant to section 40-5.1-5, assessed the financial condition of such family;

(ii) the department has, pursuant to section 40-5.1-5 assessed the employability of each of the parents in such family; and

(iii) the department and the family have, pursuant to section 40-5.1-9, developed an employability plan; provided however, that the employability plan shall incorporate, to the extent practicable, the program in which the parent is enrolled under the Pathways Program. ADD}

{ADD 40-5.1-44. School age children. -- Subject to general assembly appropriation, one (1) month each year, each dependent school age child as defined by the department of human services receiving cash assistance under this chapter in that month shall be given a supplementary payment for the purchase of clothing in accordance with Title IV-A of the Social Security Act. ADD}

SECTION 11. Sections 40-6-1, 40-6-3, 40-6-3.1, 40-6-3.3, 40-6-5, and 40-6-7.1 of the General Laws in Chapter 40-6 entitled "Public Assistance Act" are hereby amended to read as follows:

40-6-1. Short title -- "Public assistance" and "Department" defined. -- This chapter shall be known and may be cited as the "Public Assistance Act". General public assistance (GPA), aid to families with dependent children (AFDC), supplemental security income (SSI), and food stamps (FS), which programs are administered and/or financed in whole or in part by the Rhode Island department of human services, shall constitute public assistance. For purposes of this chapter, the term "department" shall mean the Rhode Island department of human services.

40-6-3. General public assistance. -- It is the purpose of this section to provide general public assistance to any person who is a resident of the state of Rhode Island and who is eligible, in accordance with the rules and regulations of the department, and is in need provided, further, that benefits under this program shall be provided only to residents who are citizens of the United States or aliens lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law, and benefits shall not be provided to illegal or undocumented aliens. In that there are limited resources available to meet the needs of the residents of this state and recognizing that needs of certain children and families have been provided by this state pursuant to section 40-6-4 entitled "aid to families with dependent children", {ADD chapter 40-5.1, ADD} it is the intent of this chapter that general public assistance shall not be provided to any individual who is eligible or who would, but for income and resources, be eligible for aid to families with dependent children (AFDC) as provided pursuant to section 40-6-4, title IV-A of the Social Security Act (42 U.S.C. section 601 et. seq.) {ADD cash assistance pursuant to chapter 40-5.1 ADD} and the rules and regulations of the department. General public assistance shall not be available to any individual who has been found eligible for supplemental security income (SSI) as provided in section 40-6-27, and the general public medical assistance, as provided for in this chapter, shall not be available to any individual who has been found eligible for medical assistance as provided pursuant to title XIX ›42 USC section 1396 et seq.! of the Social Security Act as both of these programs are financed in part by the limited resources of this state.

40-6-3.1. Eligibility for general public assistance. -- The state acting by and through the department shall provide assistance (in the form specified in section 40-6-3.2) to residents of the state found by the department in accordance with this chapter and rules and regulations of the department to be eligible for general public assistance; provided further, that benefits under this program shall be provided only to residents who are citizens of the United States or aliens lawfully admitted for permanent residence or otherwise permanently residing in the United States under color or law, and benefits shall not be provided to illegal or undocumented aliens.

(a) Individuals and families eligible for GPA. General public assistance shall be provided to the following individuals and families provided all other eligibility requirements of this chapter are met:

(1) Individuals {ADD individuals ADD} age eighteen (18) or older, provided that they do not have a dependent child who is living in his or her home, and provided that they are determined by the department in accordance with this chapter and departmental regulations to be suffering from total physical or mental incapacity, as determined by physical examination by a licensed physician, that is reasonably expected to last for a period of at least thirty (30) days from the date the application for general public assistance is filed with the department, and which precludes the individual from doing any full time or part time work; and provided further that such individual has applied for medical assistance ("Medicaid") under title XIX of the Social Security Act ›42 U.S.C. section 1396 et seq.! and such application has been denied or is pending receipt of additional necessary medical documentation. Said total incapacity may be based on a primary diagnosis of alcoholism or substance abuse. Said total physical or mental incapacity shall be verified by a medical practitioner and/or a qualified substance abuse counselor designated by the department, within forty-five (45) days of the date said individual is found by the department to be totally incapacitated. If total physical or mental incapacity cannot be reasonably verified then the individual shall not be eligible for general public assistance under this subsection.

The department shall provide an application for Medical Assistance ("Medicaid") benefits to each applicant for general public assistance and shall use a uniform medical form for both programs to secure information from the applicant's treating physician. Individuals found eligible on the basis of total incapacity under this subsection (a)(1) shall be eligible for assistance only in the forms specified in section 40-6-3.2(1)(b) and (1)(c), and only for an initial period of up to six (6) months, renewable for a period of up to an additional six (6) months. In order to receive assistance for a period greater than twelve (12) months, individuals must reapply for general public assistance and medical assistance ("Medicaid"). The following transitional rule shall apply in determining eligibility effective July 1, 1994;

Individuals who, during the month of June, 1994, received general public assistance on the basis of total incapacity or general public assistance contingency cash or medical fund benefits shall be presumed eligible for assistance under this subsection (a)(1) until their eligibility is redetermined by the department. As a condition of presumed eligibility, individuals shall cooperate with the department in the process of redetermining eligibility, and they shall promptly provide the department with information and documentation necessary to redetermine their eligibility.

(2)(A) Two (2) parent families with children under age eighteen (18) living in the same household who are not dependent provided that the parents are physically or mentally handicapped as determined by the rules and regulations of the department, and who are not eligible for AFDC as provided pursuant to section 40-6-4; or the parents are not eligible for AFDC on the basis of unemployment as provided pursuant to section 40-6-4, provided the unemployed individual is available for work and has not refused a job. Participation in a labor strike will not disqualify the parent. Parents receiving GPA on the basis of unemployment may be required to participate in a work training program or an employment and training program.

(2)(B) Two (2) parent families who are employed with income less than the standard of assistance provided by section 40-6-3.3.

(b) Resources. Ownership of real or personal property shall disqualify individuals or families from receiving general public assistance, provided, however, that the following property or resources owned by such individuals or families shall be exempted:

(1) A home occupied by such individuals or families ;

(2) One (1) automobile having an equity value not exceeding fifteen hundred dollars ($1,500);

(3) Cash or liquid assets not exceeding four hundred dollars ($400);

(4) Such tools of the trade not to exceed an aggregate value of one thousand dollars ($1,000) and household furnishings and effects as the director shall determine by regulations.

(c)(1) Income. Income shall not disqualify an individual or family from receiving general public assistance provided that the income as defined and determined by the department is within the income limitations established by the regulations of the department.

Pursuant to the purposes set forth in section 40-6-3, and notwithstanding the provisions of section 40-6-3.3, individuals found ineligible for AFDC {ADD cash assistance under chapter 40-5.1 ADD} due to federal law and regulations concerning {ADD provisions of said chapter regarding ADD} alien sponsors, the deeming of alien sponsor income or the deeming of stepparent income, shall not be eligible for general public assistance.

(2) Notwithstanding the provisions of section 40-6-3.3, the receipt of lump sum income shall disqualify an individual or a family from receiving general public assistance.

(3) The department shall promulgate rules and regulations regarding the treatment of lump sum income.

(d) Postsecondary Education. (1) An individual age eighteen (18) or older attending a school, college, or university as a full-time student or attending a full-time program of vocational or technical training, all beyond the level of secondary education, and his or her spouse and children under age eighteen (18) shall not be eligible for general public assistance under this chapter, excepting however those individuals active as students with the department's vocational rehabilitation programs who have been certified as unemployable by the department.

(2) Notwithstanding the foregoing prohibition, an individual, age eighteen (18) or older, pursuing a course of study on a part-time basis beyond the level of secondary education, and his or her spouse and children under age eighteen (18) may be eligible for general public assistance provided the student remains available for and is actively seeking employment and provided that the individual , spouse, and children meet {ADD meets ADD} all other eligibility requirements for general public assistance pursuant to this chapter.

(e) Cooperation in applying for SSI and medical assistance. All applicants and recipients of general public assistance shall, within thirty (30) days of application for general public assistance or notice from the department, be required to apply for and cooperate in the determination for benefits under the federal supplemental security income (SSI) program and/or medical assistance, as provided pursuant to title XIX ›42 U.S.C. sec. 1396 et seq.! of the Social Security Act, provided the applicant or recipient is determined by the department to be potentially eligible for benefits.

(f) Report of income or resources by recipients. If, at any time during the receipt of general public assistance, the recipient thereof becomes possessed of income or resources in excess of the amount previously reported by him or her, it shall be his or her duty and a condition of eligibility to notify the department of this fact immediately on the receipt or possession of additional income or resources.

40-6-7.1. Expanded eligibility for pregnant women and young children. -- With respect to pregnant women and with respect to children under the age of five (5), the state of Rhode Island hereby adopts the optional expanded income and resource eligibility standards set forth in amendments to title XIX of the federal Social Security Act (42 U.S.C. section 1396 et seq.). Pregnant women and children up to the age of five (5), in accordance with federal regulation whose income is greater than the AFDC standard but less than the federal poverty level are hereby declared to be eligible for medical assistance under this chapter. No resource test shall apply to women and children who are eligible for medical assistance pursuant to this section.

SECTION 12. Sections 40-6-3.3, 40-6-4, 40-6-5, 40-6-5.1 and 40-6-5.3 of the General Laws in Chapter 40-6 entitled "Public Assistance" are hereby repealed in their entirety.

40-6-3.3. Amount of standards for general public assistance. -- The department is authorized and directed to make payments of financial assistance in the form specified in section 40-6-3.2(a) to families eligible under section 40-6-3.1(a)(2) in accordance with the following standards of general public assistance.

* Add eighty-six dollars ($86.00) per month for each person in a household with over fifteen (15) members.

The department is authorized to convert the monthly standards of assistance to weekly or semi-monthly standards of assistance and to make weekly or semi-monthly payments thereof. The amount of the general public assistance payment which any eligible recipient shall receive shall be determined with due regard to the recipient's available income and resources and the income and resources limitations established in accordance with section 40-6-3.1(b) and (c).

40-6-4. Aid to families with dependent children. -- (a) In accordance with the intent of the family support act of 1988, P.L. 100-455, the State of Rhode Island's aid to families with dependent children program (AFDC) shall emphasize employment, child support and family benefits in accordance with title IV of the social security act. The AFDC program shall encourage and assist needy children and parents to achieve self sufficiency through education, training and employment to avoid long-term welfare dependency. The department of human services will be responsible for assisting parents to assume their familial responsibilities. The department of human services shall emphasize to all applicants and recipients of AFDC that parents have the primary responsibility for the support and welfare of their children and for those recipients of AFDC, the department has programs designed to assist parents to meet their responsibility. Within the department of human services, the division of economic and social services will be responsible for counseling applicants for and recipients of AFDC about the availability of services provided by the bureau of family support, the pathways to independence program, the child care subsidy program and the medical assistance program, as well as the individual's responsibilities as a recipient of AFDC. The following groups who are at particular risk for long-term welfare dependency shall be the focus of services provided above as resources permit:

(c) The department is empowered and authorized to submit its plan for AFDC to the federal government or any agency or department thereof having funds available for AFDC benefits for approval pursuant to the provisions of the Social Security Act. The department shall act for the state in any negotiations relative to the submission and approval of the plan, and may make any arrangement or changes in its plan not inconsistent with this chapter which may be required by the Social Security Act, or the rules and regulations promulgated pursuant thereto, to obtain and retain approval and to secure for this state the benefits of the provisions of the federal act relating to AFDC. The department shall make reports to said federal government or any agency or department thereof in the form and nature required by it, and in all respects comply with any request or direction of the federal government or any agency or department thereof which may be necessary to assure the correctness and verification of the reports.

40-6-5. Amount and standards of AFDC. -- (a) The amount of assistance which any recipient shall receive under the provisions of section 40-6-4 shall be determined with due regard to the income and resources available to him or her from whatever source. The amount of assistance which any recipient eligible under the terms of section 40-6-4 shall receive shall not exceed the standards of assistance approved and promulgated pursuant to the provisions of this section.

(c) One (1) month each year, each dependent school age child as defined by the Department of Human Services receiving AFDC in that month shall be given a supplementary payment for the purchase of clothing in accordance with Title IV-A of the Social Security Act. For fiscal year 1993, the amount of the clothing allowance shall be the maximum amount allowable with an appropriation hereby made of two hundred thousand dollars ($200,000).

40-6-5.1. Aid to families with dependent children -- Employment search. -- The department of human services is authorized to establish as part of its aid to families with dependent children program an employment search program, and to provide in accordance with the requirements of the aid to families with dependent children program, training, transportation, child care, clothing, and such other services as the director of the department of human services determines by regulation are needed to reduce welfare dependency by assisting individuals in obtaining regular unsubsidized employment.

40-6-5.3. AFDC medical assistance -- Managed care system. -- In order to ensure that recipients of Aid to Families with Dependent Children (AFDC) have access to quality and affordable health care, the department of human services is authorized to plan and to implement a system of health care delivery through a mandatory managed care health system for AFDC recipients. Managed care is defined as a system that: integrates an efficient financing mechanism with quality service delivery; provides a "medical home" to assure appropriate care and deter unnecessary and inappropriate care; and places emphasis on preventive and primary health care.

The department of human services is authorized to obtain any approval and/or waivers from the U.S. department of health and human services, health care financing administration, necessary to implement a mandatory managed health care delivery system. Prior to submitting such request for approvals and/or waivers, the department shall submit them to the medical assistance advisory committee for comprehensive review and comment. Subsequent applications shall be submitted to the medical assistance advisory committee at least one (1) month prior to submission. The medical assistance advisory committee, to the extent not prohibited by federal law or regulation, shall include legislative members. The goals of the state are (1) to begin the mandatory managed care system on an incremental basis beginning January, 1994 and (2) to enroll fifty percent (50%) of AFDC recipients by July 1, 1994. The department shall identify those initial populations and geographical areas where managed care shall begin. The department of human services shall annually develop and implement a survey and evaluation of all managed care programs to measure health status outcomes and consumer satisfaction. These results shall be published and made available to the public. The department of human services may enter into cooperative agreements with the department of health, other state agencies and/or service providers to effectuate the purposes of this section.

SECTION 13. Section 40-6.2-1.1 of the General Laws in Chapter 40-6.2 entitled "Child Care--State Subsidies" is hereby amended to read as follows:

40-6.2-1.1. Rates established. -- (a) The reimbursement rate for home based and center based child care providers shall be on the following bases:

(1) Home based child care providers shall be reimbursed at least sixty-six dollars ($66.00) per week for each child under three (3) years of age and at least forty-four dollars ($44.00) per week for each child three (3) years old to five (5) years old;

(2) Center based child care providers shall be reimbursed at least eighty dollars ($80.00) per week for each child under three (3) years of age and at least fifty-three dollars ($53.00) per week for each child three (3) years old to five (5) years old.

(3) Family day care system providers may be reimbursed at a rate up to fifteen percent (15%) higher than the rates at which home based child care providers are reimbursed.

{ADD (b) The department is authorized and directed to amend its rules and regulations to increase the current rates of reimbursement established under subsection (a) for licensed center based child care and certified home based child care by a one time five percent (5%) increase. ADD}

(b) {ADD (c) ADD} However, the sliding fee scale for mandatory co-payment by eligible families pursuant to section 40-6.2-2 shall be adjusted accordingly so that child care remains affordable to low income parents. A family day care system means a network of certified family day care homes operated under the auspices of a central agency, which is at a minimum responsible for the selection of caregivers, initial and ongoing training, regular monitoring, and constant availability of staff support.

Parents shall contract with and purchase care from the agency. The agency shall set and collect fees from the parents and shall pay the caregivers at a rate no less than the rate established pursuant to subsection (a)(1) above.

SECTION 14. Sections 40-6.2-1 and 40-6.2-2 in Chapter 40-6.2 of the General Laws entitled "Child Care--State Subsidies" are hereby repealed in their entirety.

40-6.2-1. Subsidies for low income family child care. -- The director of human services shall establish, as an extension of the post-AFDC child care program, a program to provide for state subsidies for child care to low income families whose support parent is either (1) employed or (2) receiving aid to families with dependent children or general public assistance, and enrolled in an accredited vocational training program or a two (2) year employment-related undergraduate post secondary education program. Families receiving aid to families with dependent children, whose support parent is employed, may participate in the low income family child care program. Families whose income is equal to one hundred eighty-five percent (185%) or a lesser percentage of the poverty level established by the federal government, shall be eligible for such subsidies; provided, however, that the director may establish a higher maximum income for eligibility by regulation pursuant to section 40-6.2-2. Departmental funds shall be provided for the post-AFDC child care program and the child care subsidy program for low income families.

40-6.2-2. Rules and regulations. -- The director shall promulgate rules and regulations establishing: tf

(5) A child care waiting list of families otherwise eligible for subsidies but for the monthly participation limits to be established as provided herein.

SECTION 15. Sections 42-12.3-4, 42-12.3-8, 42-12.3-10 and 42-12.3-15 of Chapter 42-12.3 of the General Laws entitled "Health Care for Children and Pregnant Women" is hereby amended to read as follows:

42-12.3-4. RIte track. -- There is hereby established a payor of last resort program for comprehensive health care for children until they reach eight (8) {ADD eighteen (18) ADD} years of age, to be known as "RIte track". The department of human services is hereby authorized to amend its title XIX state plan pursuant to title XIX ›42 U.S.C. 1396 et seq.! of the federal social security act to provide for expanded medicaid coverage through expanded family income disregards for children, until they reach eight (8) {ADD eighteen (18) ADD} years of age, whose family income levels are up to two hundred fifty percent (250%) of the federal poverty level . {ADD ; provided, however, that implementation with respect to children ages 8--18 whose family income is greater than one hundred eighty five percent (185%) of the federal poverty level shall be subject to available appropriations. ADD} The department is further authorized to promulgate any regulations necessary, and in accord with title XIX ›42 U.S.C. 1396 et seq.! of the federal social security act to implement said state plan amendment. For those children who lack health insurance, and whose family incomes are in excess of two hundred fifty percent (250%) of the federal poverty level, the department of human services shall promulgate necessary regulations to implement the program. The department of human services is further directed to ascertain and promulgate the scope of services that will be available to those children whose family income exceeds the maximum family income specified in the approved title XIX ›42 U.S.C. 1396 et seq.! state plan amendment.

42-12.3-8. Enhanced services for children. -- The department of human services shall develop a panel of enhanced services to be available as appropriate to RIte Track and medical assistance recipients under the age of eight (8) {ADD eighteen (18) ADD} , who are considered at risk, as defined by department of human services regulations. These services shall include, but not be limited to: care coordination, home visitation, nutrition counseling, parenting skills education. These services may be performed through a fee for service, contractual arrangement, or capitated rate as determined by the department of human services. The provision of enhanced services is subject to available appropriations; in the event that appropriations are not adequate for the provision of these services, the department has the authority to limit the amount, scope, and duration of these enhanced services . {ADD , and to limit eligibility for enhanced services to children under the age of eight (8). ADD} Nothing in this section shall prohibit the department of human services from providing enhanced services to a medical assistance recipient, within existing appropriations.

42-12.3-10. Administration. -- The department of human services may cooperate through inter-agency cooperative agreements, with the department of health and/or other state agencies, and any other agreements they deem necessary, to assure that health care services for eligible pregnant women and children under the age of eight (8) {ADD eighteen (18) ADD} are provided in an efficient and timely basis. The department of human services shall monitor and evaluate the medical services and health outcomes of clients served by the RIte Track and RIte Start programs. The department of human services shall be responsible for assuring marketing, enrollee relations, quality assurance, provider recruitment, and network development. The department is hereby authorized to promulgate any and all necessary rules and regulations to carry out the intent of this chapter.

42-12.3-15. Expansion of RIte track program. -- The Department of Human Services is hereby authorized and directed to submit to the United States Department of Health and Human Services an amendment to the "RIte Care" waiver project number 11-W-0004/1-01 to provide for expanded medicaid coverage for children until they reach eighteen (18) years of age, whose family income levels are up to two hundred fifty percent (250%) of the federal poverty level. Expansion of the RIte track program from the age of six (6) until they reach eight (8) {ADD eighteen (18) ADD} years of age in accordance with this chapter shall be subject to the approval of the amended waiver by the United States Department of Health and Human Services.

SECTION 16. Chapter 42-12.3 of the General Laws entitled "Health Care for Children and Pregnant Women" is hereby amended by adding thereto the following section:

{ADD42-12.3-16. Resource limit. -- Notwithstanding any other provisions of the general laws to the contrary, no child or pregnant woman whose available family liquid resources are greater than or equal to ten thousand dollars ($10,000) shall be eligible for health care benefits under this chapter, under section 40-6-7.1 or under any medical assistance state plan option under Title XIX of the federal Social Security Act. The department of human services is hereby authorized and directed to submit to the United States Department of Health and Human Services an amendment to the "RIte Care" waiver project number 11-W-0004/1-01 to request federal approval of this resource limit. The department shall implement this resource limit only upon receipt of federal approval of the amended waiver. ADD}

SECTION 17. Chapter 40-6 of the General Laws entitled "Public Assistance Act" is hereby amended by adding thereto the following section:

{ADD 40-6-29. Health care benefits--Employers--Discrimination against public assistance recipients. -- (a) No employer in the state of Rhode Island who shall hire, contract with, or employ an individual (hereinafter "recipient") who has been determined eligible to receive public assistance or medical assistance under chapters 40-6, 40-5.1, or 42-12.3 of the General Laws and/or title XIX of the Social Security Act shall discriminate against such recipient(s) on the basis that recipient(s) receive health care coverage as an element of their eligibility under those chapters and act.

(b) The department of human services is hereby authorized and directed to amend its regulations and any appropriate state plan(s) pursuant to the Federal Social Security Act to provide for imposition of a fine on the failure of any employer to comply with the requirements of this section.

(c) The amount of the fine imposed by subsection (b) of this section shall be equal to one hundred dollars ($100) for each day for each individual for which such failure occurs.

(d) No fine shall be imposed by subsection (a) if (i) such failure was due to reasonable cause and not to willful neglect, and (ii) such failure is corrected during the thirty (30) day period (or such period as the director of the department of human services may determine appropriate) beginning on the first day any of the individuals whom the fine is imposed knew, or exercising reasonable diligence would have known, that such failure existed. In the case of a failure which is due to reasonable cause and not to willful neglect, the director may waive part or all of the fine imposed by subsection (a) to the extent that the payment of such fine would be excessive relative to the failure involved.

(e) No employer may refuse to provide employee data information lawfully requested by the department of human services about specific employees whom the department had determined eligible or is in the process of determining eligibility to receive public health care benefits.

(f) As used in this section, the term "group health plan" has the meaning given such term in section 5000(b)(1) of the Internal Revenue Code of 1986.

(g) A group health plan offered by an employer: (i) may not take into account, for any item or services to be furnished to a recipient at the time the recipient is covered under the plan by reason of the current employment of that recipient (or the recipient's spouse), that the recipient is entitled to health care coverage as an element of their eligibility and (ii) shall provide that any recipient, and any recipient's spouse and minor dependents, shall be entitled to the same benefits under the plan under the same conditions as any employee, and the spouse and dependents of such employee.

(h) It is unlawful for an employer to offer any financial or other incentive for a recipient not to enroll (or to terminate enrollment) under a group health plan, unless such incentive is also offered to all individuals who are eligible for coverage under the plan. Any entity that violates the previous sentence is subject to a civil money penalty not to exceed five thousand dollars ($5,000) for each such violation which may be imposed by the department of human services. ADD}

SECTION 18. Chapter 40-6.2 of the General Laws entitled "Child Care -- State Subsidies" is hereby amended by adding thereto the following section:

{ADD 40-6.2-4. Health care coverage for family day care providers. -- (a) The department of human services is authorized and directed to provide health care through its RIte Care program to family day care providers who provide child care services paid for by the department and who meet the eligibility requirements of this section.

(b) A family day care provider shall be eligible if:

(1) the provider is certified as a family day care provider by the department for children, youth and families pursuant to chapter 42-72.1; and

(2) the provider has rendered a minimum of one thousand eight hundred dollars ($1,800) in child care services, payable by the department through any of its child care programs, during a period of six (6) consecutive months prior to making application to the department for health care coverage.

(c) Upon determination of eligibility by the department, the department shall enroll the provider and the providers minor children who are living with providers household in the RIte Care program for the following six (6) months, and the enrolled provider and qualifying children shall be subject to the terms, conditions, limitations and restrictions of the RIte Care program. ADD}

SECTION 19. Sections 40-8-1 and 40-8-3 of the General Laws in Chapter 40-8 entitled "Medical Assistance" are hereby amended to read as follows:

40-8-1. Declaration of policy. -- (a) Whereas, in the state of Rhode Island there are many persons who do not have sufficient income and resources to meet the cost of medical care and who, except for income and resource requirements, would be eligible for aid or assistance under sections 40-6-4 or 40-6-7 {ADD 40-5.1-9 or 40-6-27 ADD} ; and

(b) Whereas, it is in the best interest of all the citizens of this state t o promote the welfare of persons with the characteristics of persons eligible to receive public assistance and ensure that they will receive adequate medical care and treatment in time of need;

(c) Now, therefore, it is declared to be the policy of this state to provide medical assistance for those persons in this state who possess the characteristics of persons receiving public assistance under the provisions of sections 40-6-4 and 40-6-7 {ADD 40-5.1-9 or 40-6-27 ADD} , and who do not have the income and resources to provide it for themselves or who can do so only at great financial sacrifice. Provided further that medical assistance must qualify for federal financial participation pursuant to the provisions of title XIX of the federal Social Security Act (42 U.S.C. section 1396 et seq.), as such provisions apply to medically needy only applicants and recipients.

40-8-3. Eligibility requirements. -- Medical care benefits shall be provided under this chapter to at least any person

(1) who has attained the age of sixty-five (65) years, or

(2) who has no vision or whose vision is so defective as to prevent performance of ordinary activities for which eyesight is essential, or

(3) who is at least eighteen (18) years of age and who is permanently and totally disabled, or

(4) who is under the age of eighteen (18) years, and who has been deprived of parental support or care by reason of the death, continued absence from the home, unemployment or physical or mental incapacity of a parent (called hereafter "dependent child") and who is living with a relative in a place of residence maintained by one or more of such relatives as his or her or their own home, or is in foster boarding care, or

(5) the relative as defined in subsection (i) of section 40-8-2, with whom any such dependent child is living; provided such person:

(a) Is a resident of this state; and

(b) Is not receiving public assistance under the provisions of section 40-6-4 or 40-6-7 {ADD 40-5.1-9(b) or 40-6-27 ADD} ; and

(c) Is not an inmate of a public institution other than as a patient in a medical institution; and

(d) Is not a patient in an institution for tuberculosis or mental disease, unless the person has attained the age of sixty-five (65) years; provided, however, that this clause shall become void and of no effect if and when legislation enacted by the congress of the United States shall become effective providing for payments for medical care on behalf of persons who have not attained the age of sixty-five (65) years who are patients in an institution for tuberculosis or mental disease; and

(e) Has insufficient income and resources. The department shall establish income and resource rules, regulations and limits in accordance with title XIX of the federal Social Security Act ›42 U.S.C. Section 1396 et seq.! as applicable to the medically needy only applicants and recipients. The income limits established by the department must be more than that AFDC {ADD the ADD} standard as provided in section 40-6-5 {ADD 40-5.1-9 ADD} but shall not be more than one hundred and thirty-three and one-third percent (133 1/3%) of the AFDC standard as provided in section 40-6-5 {ADD 40-5.1-9 ADD} . The department shall establish resource limits equal to two thousand dollars ($2,000) for an individual and three thousand dollars ($3,000) for a family. Provided, however, the department shall apply to the United States department of health and human services for a waiver relating to application of the reduced resource limit, and subject to the granting of the waiver by the secretary of the United States department of health and human services, the resource limit shall be applied to all applicants who (1) become eligible for benefits under this chapter on or after the effective date of this amendment and (2) who were not receiving benefits under this chapter prior to ›July 1, 1993!. In the event the secretary does not approve the waiver request, the current department regulations relating to resource limits shall remain in effect for all eligible beneficiaries.

SECTION 20. Section 40-6-9 and 40-6-10 of the General Laws in Chapter 40-6 entitled "Public Assistance Act" is hereby amended to read as follows:

40-6-9. Assignment of child, spousal and medical support rights. -- (a) An applicant for or recipient of public assistance under this chapter or under title XIX of the federal Social Security Act ›42 U.S.C. section 1396 et seq.!, for and on behalf of himself or herself and for and on behalf of a child or children, shall be deemed, without the necessity of signing any document, to have made an assignment to the department of human services of any and all rights and interests in any cause of action, past, present, or future, that the applicant or recipient may have against any person failing to or obligated to provide for the support, maintenance, and medical care of the applicant, recipient, and/or minor child or children, for the period of time that assistance is being paid by the department; the department shall be subrogated to any and all rights, title, and interest the applicant or recipient may have against any and all property belonging to the obligated or nonsupporting person in the enforcement of any claim for child, spousal, and medical support, whether liquidated through court order or not. The applicant or recipient shall also be deemed, without the necessity of signing any document, to have appointed the department of human services as his or her true and lawful attorney in fact to act in his or her name, place, and stead to perform the specific act of instituting suit to establish paternity or secure support and medical care, collecting any and all amounts due and owing for child, spousal, and medical support, endorsing any and all drafts, checks, money orders, or other negotiable instruments representing support payments which are received by the department, and retaining any portion thereof permitted under federal and state statutes as reimbursement for financial and medical assistance previously paid to or for the recipient, child, or children.

(b) An applicant for or a recipient of medical assistance provided by the department pursuant to this chapter{ADD , chapter 40-5.1, ADD} or chapter 8 of this title XIX of the federal Social Security Act ›42 U.S.C. section 1396 et seq.!, for and on behalf of himself or herself, and for and on behalf of any other person for whom he or she may legally assign rights to any medical support or any other medical care, shall be deemed, without the necessity of signing any document, to have made an assignment to the department of human services of any and all rights and interests that he, she, or such other person may have (1) to payment for any medical support and (2) to payment for any medical care from any third party.

(c) In addition to the assignments provided in subsection (a) and (b) of this section, an applicant for or a recipient of financial assistance provided by the department pursuant to this chapter, whenever the assistance is necessary by reason of accident, injury, or illness for which a third party may be liable, for and on behalf of himself or herself, and for and on behalf of any other person for whom he or she may legally act, shall be deemed, without the necessity of signing any document, to have assigned to the department of human services, from amounts recovered or recoverable from any third party, an amount of money equal to the amount of financial assistance provided as a result of the accident, illness, or injury.

(d) With respect to an assignment established pursuant to this section an applicant or recipient shall provide to the department of human services {ADD and/or the division of taxation within the department of administration ADD} all relevant information regarding the rights assigned and shall execute any documents relating thereto, in accordance with rules and regulations to be adopted by the department.

(e) With respect to any assignment of rights for medical or financial support or recoveries under this section, the department of human services shall be considered to have acquired the rights of such individual to payment by any third party for such medical care and support, and financial support.

40-6-10. Effects of assistance on receipt of worker's compensation benefits. -- (1) No individual shall be entitled to receive assistance provided under this chapter {ADD or chapter 40-5.1 ADD} and/or medical assistance under chapter 8 of this title for any period beginning on or after July 1, 1982, with respect to which benefits are paid or payable to individuals under any workers' compensation law of this state, any other state, or the federal government, on account of any disability caused by accident or illness. In the event that workers' compensation benefits are subsequently awarded to an individual with respect to which the individual has received assistance payments under this chapter {ADD or chapter 40-5.1 ADD} and/or medical assistance under chapter 8 of this title then the department shall be subrogated to the individual's rights in the award to the extent of the amount of the payments and/or medical assistance paid to or on behalf of the individuals.

(2) Whenever an employer or insurance carrier has been notified by the department that an individual is an applicant for or a recipient of assistance payments under this chapter {ADD or chapter 40-5.1 ADD} , and/or medical assistance under chapter 8 of this title, for a period during which the individual is or may be eligible for benefits under the Workers' Compensation Act, chapters 29-38 of title 28, the notice shall constitute a lien in favor of the department, upon any pending award, order, or settlement to the individual under the Workers' Compensation Act. The employer or his or her insurance carrier shall be required to reimburse the department of human services the amount of the assistance payments and/or medical assistance paid to or on behalf of the individual for any period for which an award, order, or settlement is made.

(3) Whenever an individual becomes entitled to or is awarded workers' compensation for the same period with respect to which the individual has received assistance payments under this chapter {ADD or chapter 40-5.1 ADD} and/or medical assistance under chapter 8 of this title, and whenever notice of the receipt of assistance payments has been given to the division of workers' compensation of the department of labor of this state and/or the workers' compensation commission, the division or commission is hereby required to and shall incorporate in any award, order, or approval of settlement, an order requiring the employer or his or her insurance carrier to reimburse the department the amount of the assistance payments and/or medical assistance paid to or on behalf of the individual for the period for which an award, order, or settlement is made.

SECTION 21. Section 40-6-12.1 of the General Laws in Chapter 40-6 entitled "Public Assistance Act" is hereby amended to read as follows:

40-6-12.1. Warrants -- Release of information. -- (a) The department of human services shall provide to the statewide warrant squad the current address of any individual if all of the following conditions are met:

(1) There is an outstanding arrest warrant or body attachment issued by a state court in Rhode Island for such individual; and

(2) The individual is a fugitive felon as defined by the department in accordance with 42 U.S.C. section 602 (a) (9); and

(3) The individual is receiving general public assistance, or aid to families with dependent children, {ADD cash assistance under chapter 40-5.1 ADD} either for themselves or their dependents; and

(4) The law enforcement officer seeking said information certifies in writing that an attempt by the warrant squad to locate and apprehend that individual has been unsuccessful; and

(5) The warrant squad provides the department the name, date of birth, and social security number of said individual.

(b) If all the above conditions are met, the department shall release the address upon the request and certification of such officer, and such release pursuant to this section shall not constitute a violation of sections 40-6-12{ADD , 40-5.1-31 ADD} or 38-2-2(d)(1).

SECTION 22. {ADD Severability ADD} . If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act, which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

SECTION 23. Sections 8, 22 and 23 of this act shall take effect upon passage. Section 5 of this act shall take effect on January 1, 1997, provided, however, that all matters commenced under chapter 15-11 of the general laws and pending as of December 31, 1996 shall be adjudicated in accordance with the provisions of chapter 15-11 in effect on December 31, 1996. Sections 1, 2, 3, 4, 6, 7, 9, and 18 shall take effect on January 1, 1997. Section 13 shall take effect on July 1, 1997. Sections 10, 11, 12, 14, 15, 16, 17, 19, 20, and 21 shall take effect on the later of: May 1, 1997 or (2) the first day of the second month following the month of receipt by the Rhode Island Department of Human Services of all federal approval and/or federal waivers from the Secretary of the U.S. Department of Health and Human Services necessary to implement the provisions of said sections of this act, and provided, however, that the Rhode Island Department of Human Services is authorized and directed to seek such federal approvals and/or federal waivers upon passage of this act.