2023 -- H 5644
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LC000838
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO HUMAN SE RVICES -- THE RHODE ISLAND WORKS PROGRAM
Introduced By: Representatives Handy, Giraldo, Stewart, Boylan, Cruz, Potter, Slater,
Diaz, Morales, and Kazarian
Date Introduced: February 15, 2023
Referred To: House Finance
It is enacted by the General Assembly as follows:
SECTION 1. Sections 40-5.2-8, 40-5.2-10, 40-5.2-11 and 40-5.2-12 of the General Laws 1
in Chapter 40-5.2 entitled "The Rhode Island Works Program" are hereby amended to read as 2
follows: 3
40-5.2-8. Definitions. 4
As used in this chapter, the following terms having the meanings set forth herein, unless 5
the context in which such terms are used clearly indicates to the contrary: 6
(1) “Applicant” means a person who has filed a written application for assistance for herself 7
or himself and her or his dependent child(ren). An applicant may be a parent or non-parent caretaker 8
relative. 9
(2) “Assistance” means cash and any other benefits provided pursuant to this chapter. 10
(3) “Assistance unit” means the assistance-filing unit consisting of the group of persons, 11
including the dependent child(ren), living together in a single household who must be included in 12
the application for assistance and in the assistance payment if eligibility is established. An 13
assistance unit may be the same as a family. 14
(4) “Benefits” shall mean assistance received pursuant to this chapter. 15
(5) “Community service programs” means structured programs and activities in which cash 16
assistance recipients perform work for the direct benefit of the community under the auspices of 17
public or nonprofit organizations. Community service programs are designed to improve the 18
employability of recipients not otherwise able to obtain paid employment. 19
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(6) “Department” means the department of human services. 1
(7) “Dependent child” means an individual, other than an individual with respect to whom 2
foster care maintenance payments are made, who is: (i) Under the age of eighteen (18); or (ii) Under 3
the age of nineteen (19) and a full-time student in a secondary school (or in the equivalent level of 4
vocational or educational training). 5
(8) “Director” means the director of the department of human services. 6
(9) “Earned income” means income in cash or the equivalent received by a person through 7
the receipt of wages, salary, commissions, or profit from activities in which the person is self-8
employed or as an employee and before any deductions for taxes. 9
(10) “Earned income tax credit” means the credit against federal personal income tax 10
liability under § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32, or any successor section, 11
the advanced payment of the earned income tax credit to an employee under § 3507 of the code, 26 12
U.S.C. § 3507 [repealed], or any successor section and any refund received as a result of the earned 13
income tax credit, as well as any refundable state earned income tax credit. 14
(11) “Education directly related to employment” means education, in the case of a 15
participant who has not received a high school diploma or a certificate of high school equivalency, 16
related to a specific occupation, job, or job offer. 17
(12) “Family” means: (i) A pregnant woman person from and including the seventh month 18
onset of her pregnancy; or (ii) A child and the following eligible persons living in the same 19
household as the child: (iii) Each biological, adoptive or stepparent of the child, or in the absence 20
of a parent, any adult relative who is responsible, in fact, for the care of such child; and (iv) The 21
child’s minor siblings (whether of the whole or half blood); provided, however, that the term 22
“family” shall not include any person receiving benefits under Title XVI of the Social Security Act, 23
42 U.S.C. § 1381 et seq. A family may be the same as the assistance unit. 24
(13) “Gross earnings” means earnings from employment and self-employment further 25
described in the department of human services rules and regulations. 26
(14) “Individual employment plan” means a written, individualized plan for employment 27
developed jointly by the applicant and the department of human services that specifies the steps the 28
participant shall take toward long-term economic independence developed in accordance with § 29
40-5.2-10(e). A participant must comply with the terms of the individual employment plan as a 30
condition of eligibility in accordance with § 40-5.2-10(e). 31
(15) “Job search and job readiness” means the mandatory act of seeking or obtaining 32
employment by the participant, or the preparation to seek or obtain employment. 33
In accord with federal requirements, job search activities must be supervised by the 34
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department of labor and training and must be reported to the department of human services in 1
accordance with TANF work verification requirements. 2
Except in the context of rehabilitation employment plans, and special services provided by 3
the department of children, youth and families, job-search and job-readiness activities are limited 4
to four (4) consecutive weeks, or for a total of six (6) weeks in a twelve-month (12) period, with 5
limited exceptions as defined by the department. The department of human services, in consultation 6
with the department of labor and training, shall extend job-search, and job-readiness assistance for 7
up to twelve (12) weeks in a fiscal year if a state has an unemployment rate at least fifty percent 8
(50%) greater than the United States unemployment rate if the state meets the definition of a “needy 9
state” under the contingency fund provisions of federal law. 10
Preparation to seek employment, or job readiness, may include, but may not be limited to: 11
the participant obtaining life-skills training; homelessness services; domestic violence services; 12
special services for families provided by the department of children, youth and families; substance 13
abuse treatment; mental health treatment; or rehabilitation activities as appropriate for those who 14
are otherwise employable. The services, treatment, or therapy must be determined to be necessary 15
and certified by a qualified medical or mental health professional. Intensive work-readiness 16
services may include: work-based literacy; numeracy; hands-on training; work experience; and case 17
management services. Nothing in this section shall be interpreted to mean that the department of 18
labor and training shall be the sole provider of job-readiness activities described herein. 19
(16) “Job skills training directly related to employment” means training or education for 20
job skills required by an employer to provide an individual with the ability to obtain employment 21
or to advance or adapt to the changing demands of the workplace. Job skills training directly related 22
to employment must be supervised on an ongoing basis. 23
(17) “Minor parent” means a parent under the age of eighteen (18). A minor parent may be 24
an applicant or recipient with his or her dependent child(ren) in his or her own case or a member 25
of an assistance unit with his or her dependent child(ren) in a case established by the minor parent’s 26
parent. 27
(18) “Net income” means the total gross income of the assistance unit less allowable 28
disregards and deductions as described in § 40-5.2-10(g). 29
(19) “On-the-job training” means training in the public or private sector that is given to a 30
paid employee while he or she is engaged in productive work and that provides knowledge and 31
skills essential to the full and adequate performance of the job. On-the-job training must be 32
supervised by an employer, work-site sponsor, or other designee of the department of human 33
services on an ongoing basis. 34
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(20) “Participant” means a person who has been found eligible for assistance in accordance 1
with this chapter and who must comply with all requirements of this chapter, and has entered into 2
an individual employment plan. A participant may be a parent or non-parent caretaker relative 3
included in the cash assistance payment. 4
(21) “Recipient” means a person who has been found eligible and receives cash assistance 5
in accordance with this chapter. 6
(22) “Relative” means a parent, stepparent, grandparent, great grandparent, great-great 7
grandparent, aunt, great-aunt, great-great aunt, uncle, great-uncle, great-great uncle, sister, brother, 8
stepbrother, stepsister, half-brother, half-sister, first cousin, first cousin once removed, niece, great-9
niece, great-great niece, nephew, great-nephew, or great-great nephew. 10
(23) “Resident” means a person who maintains residence by his or her continuous physical 11
presence in the state. 12
(24) “Self-employment income” means the total profit from a business enterprise, farming, 13
etc., resulting from a comparison of the gross receipts with the business expenses, i.e., expenses 14
directly related to producing the goods or services and without which the goods or services could 15
not be produced. However, items such as depreciation, personal business and entertainment 16
expenses, and personal transportation are not considered business expenses for the purposes of 17
determining eligibility for cash assistance in accordance with this chapter. 18
(25) “State” means the state of Rhode Island. 19
(26) “Subsidized employment” means employment in the private or public sectors for 20
which the employer receives a subsidy from TANF or other public funds to offset some or all of 21
the wages and costs of employing a recipient. It includes work in which all or a portion of the wages 22
paid to the recipient are provided to the employer either as a reimbursement for the extra costs of 23
training or as an incentive to hire the recipient, including, but not limited to, grant diversion. 24
(27) “Subsidized housing” means housing for a family whose rent is restricted to a 25
percentage of its income. 26
(28) “Unsubsidized employment” means full- or part-time employment in the public or 27
private sector that is not subsidized by TANF or any other public program. 28
(29) “Vocational educational training” means organized educational programs, not to 29
exceed twelve (12) months with respect to any participant, that are directly related to the preparation 30
of participants for employment in current or emerging occupations. Vocational educational training 31
must be supervised. 32
(30) “Work activities” mean the specific work requirements that must be defined in the 33
individual employment plan and must be complied with by the participant as a condition of 34
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eligibility for the receipt of cash assistance for single and two-family (2) households outlined in § 1
40-5.2-12. 2
(31) “Work experience” means a work activity that provides a participant with an 3
opportunity to acquire the general skills, training, knowledge, and work habits necessary to obtain 4
employment. The purpose of work experience is to improve the employability of those who cannot 5
find unsubsidized employment. An employer, work site sponsor, and/or other appropriate designee 6
of the department must supervise this activity. 7
(32) “Work supplementation,” also known as “grant diversion,” means the use of all or a 8
portion of a participant’s cash assistance grant and food stamp grant as a wage supplement to an 9
employer. The supplement shall be limited to a maximum period of twelve (12) months. An 10
employer must agree to continue the employment of the participant as part of the regular work 11
force, beyond the supplement period, if the participant demonstrates satisfactory performance. 12
40-5.2-10. Necessary requirements and conditions. 13
The following requirements and conditions shall be necessary to establish eligibility for 14
the program. 15
(a) Citizenship, alienage, and residency requirements. 16
(1) A person shall be a resident of the State of Rhode Island. 17
(2) Effective October 1, 2008, a person shall be a United States citizen, or shall meet the 18
alienage requirements established in § 402(b) of the Personal Responsibility and Work Opportunity 19
Reconciliation Act of 1996, PRWORA, Pub. L. No. 104-193 and as that section may hereafter be 20
amended [8 U.S.C. § 1612]; a person who is not a United States citizen and does not meet the 21
alienage requirements established in PRWORA, as amended, is not eligible for cash assistance in 22
accordance with this chapter. Provided, however, a person who has been admitted for lawful 23
permanent residence shall not be subject to a waiting period for benefits for which they are 24
otherwise eligible under this chapter. 25
(b) The family/assistance unit must meet any other requirements established by the 26
department of human services by rules and regulations adopted pursuant to the Administrative 27
Procedures Act, as necessary to promote the purpose and goals of this chapter. 28
(c) Receipt of cash assistance is conditional upon compliance with all program 29
requirements. 30
(d) All individuals domiciled in this state shall be exempt from the application of 31
subdivision 115(d)(1)(A) of Pub. L. No. 104-193, the Personal Responsibility and Work 32
Opportunity Reconciliation Act of 1996, PRWORA [21 U.S.C. § 862a], which makes any 33
individual ineligible for certain state and federal assistance if that individual has been convicted 34
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under federal or state law of any offense that is classified as a felony by the law of the jurisdiction 1
and that has as an element the possession, use, or distribution of a controlled substance as defined 2
in § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)). 3
(e) Individual employment plan as a condition of eligibility. 4
(1) Following receipt of an application, the department of human services shall assess the 5
financial conditions of the family, including the non-parent caretaker relative who is applying for 6
cash assistance for himself or herself as well as for the minor child(ren), in the context of an 7
eligibility determination. If a parent or non-parent caretaker relative is unemployed or under-8
employed, the department shall conduct an initial assessment, taking into account: 9
(A) The physical capacity, skills, education, work experience, health, safety, family 10
responsibilities, and place of residence of the individual; and 11
(B) The child care and supportive services required by the applicant to avail himself or 12
herself of employment opportunities and/or work readiness programs. 13
(2) On the basis of this assessment, the department of human services and the department 14
of labor and training, as appropriate, in consultation with the applicant, shall develop an individual 15
employment plan for the family that requires the individual to participate in the intensive 16
employment services. Intensive employment services shall be defined as the work requirement 17
activities in § 40-5.2-12(g) and (i). 18
(3) The director, or his or her designee, may assign a case manager to an 19
applicant/participant, as appropriate. 20
(4) The department of labor and training and the department of human services in 21
conjunction with the participant shall develop a revised individual employment plan that shall 22
identify employment objectives, taking into consideration factors above, and shall include a 23
strategy for immediate employment and for preparing for, finding, and retaining employment 24
consistent, to the extent practicable, with the individual’s career objectives. 25
(5) The individual employment plan must include the provision for the participant to 26
engage in work requirements as outlined in § 40-5.2-12. 27
(6)(i) The participant shall attend and participate immediately in intensive assessment and 28
employment services as the first step in the individual employment plan, unless temporarily exempt 29
from this requirement in accordance with this chapter. Intensive assessment and employment 30
services shall be defined as the work requirement activities in § 40-5.2-12(g) and (i). 31
(ii) Parents under age twenty (20) without a high school diploma or general equivalency 32
diploma (GED) shall be referred to special teen-parent programs that will provide intensive services 33
designed to assist teen parents to complete high school education or GED, and to continue approved 34
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work plan activities in accord with Rhode Island works program requirements. 1
(7) The applicant shall become a participant in accordance with this chapter at the time the 2
individual employment plan is signed and entered into. 3
(8) Applicants and participants of the Rhode Island works program shall agree to comply 4
with the terms of the individual employment plan, and shall cooperate fully with the steps 5
established in the individual employment plan, including the work requirements. 6
(9) The department of human services has the authority under the chapter to require 7
attendance by the applicant/participant, either at the department of human services or at the 8
department of labor and training, at appointments deemed necessary for the purpose of having the 9
applicant enter into and become eligible for assistance through the Rhode Island works program. 10
The appointments include, but are not limited to: the initial interview, orientation and assessment; 11
job readiness; and job search. Attendance is required as a condition of eligibility for cash assistance 12
in accordance with rules and regulations established by the department. 13
(10) As a condition of eligibility for assistance pursuant to this chapter, the 14
applicant/participant shall be obligated to keep appointments; attend orientation meetings at the 15
department of human services and/or the Rhode Island department of labor and training; participate 16
in any initial assessments or appraisals; and comply with all the terms of the individual employment 17
plan in accordance with department of human services rules and regulations. 18
(11) A participant, including a parent or non-parent caretaker relative included in the cash 19
assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause as 20
defined in this chapter or the department’s rules and regulations. 21
(12) A participant who voluntarily quits or refuses a job without good cause, as defined in 22
§ 40-5.2-12(), while receiving cash assistance in accordance with this chapter, shall be sanctioned 23
in accordance with rules and regulations promulgated by the department. 24
(f) Resources. 25
(1) The family or assistance unit’s countable resources shall be less than the allowable 26
resource limit established by the department in accordance with this chapter. 27
(2) No family or assistance unit shall be eligible for assistance payments if the combined 28
value of its available resources (reduced by any obligations or debts with respect to such resources) 29
exceeds five thousand dollars ($5,000). 30
(3) For purposes of this subsection, the following shall not be counted as resources of the 31
family/assistance unit in the determination of eligibility for the works program: 32
(i) The home owned and occupied by a child, parent, relative, or other individual; 33
(ii) Real property owned by a husband and wife as tenants by the entirety, if the property 34
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is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in 1
the property; 2
(iii) Real property that the family is making a good faith effort to dispose of, however, any 3
cash assistance payable to the family for any such period shall be conditioned upon such disposal 4
of the real property within six (6) months of the date of application and any payments of assistance 5
for that period shall (at the time of disposal) be considered overpayments to the extent that they 6
would not have occurred at the beginning of the period for which the payments were made. All 7
overpayments are debts subject to recovery in accordance with the provisions of the chapter; 8
(iv) Income-producing property other than real estate including, but not limited to, 9
equipment such as farm tools, carpenter’s tools, and vehicles used in the production of goods or 10
services that the department determines are necessary for the family to earn a living; 11
(v) One vehicle for each adult household member, but not to exceed two (2) vehicles per 12
household, and in addition, a vehicle used primarily for income-producing purposes such as, but 13
not limited to, a taxi, truck, or fishing boat; a vehicle used as a family’s home; a vehicle that 14
annually produces income consistent with its fair market value, even if only used on a seasonal 15
basis; a vehicle necessary to transport a family member with a disability where the vehicle is 16
specially equipped to meet the specific needs of the person with a disability or if the vehicle is a 17
special type of vehicle that makes it possible to transport the person with a disability; 18
(vi) Household furnishings and appliances, clothing, personal effects, and keepsakes of 19
limited value; 20
(vii) Burial plots (one for each child, relative, and other individual in the assistance unit) 21
and funeral arrangements; 22
(viii) For the month of receipt and the following month, any refund of federal income taxes 23
made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32 (relating 24
to earned income tax credit), and any payment made to the family by an employer under § 3507 of 25
the Internal Revenue Code of 1986, 26 U.S.C. § 3507 [repealed] (relating to advance payment of 26
such earned income credit); 27
(ix) The resources of any family member receiving supplementary security income 28
assistance under the Social Security Act, 42 U.S.C. § 301 et seq.; 29
(x) Any veteran’s disability pension benefits received as a result of any disability sustained 30
by the veteran while in the military service. 31
(g) Income. 32
(1) Except as otherwise provided for herein, in determining eligibility for and the amount 33
of cash assistance to which a family is entitled under this chapter, the income of a family includes 34
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all of the money, goods, and services received or actually available to any member of the family. 1
(2) In determining the eligibility for and the amount of cash assistance to which a 2
family/assistance unit is entitled under this chapter, income in any month shall not include the first 3
three hundred dollars ($300) of gross earnings plus fifty percent (50%) of the gross earnings of the 4
family in excess of three hundred dollars ($300) earned during the month. 5
(3) The income of a family shall not include: 6
(i) The first fifty dollars ($50.00) in child support received in any month from each 7
noncustodial parent of a child plus any arrearages in child support (to the extent of the first fifty 8
dollars ($50.00) per month multiplied by the number of months in which the support has been in 9
arrears) that are paid in any month by a noncustodial parent of a child; 10
(ii) Earned income of any child; 11
(iii) Income received by a family member who is receiving Supplemental Security Income 12
(SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.; 13
(iv) The value of assistance provided by state or federal government or private agencies to 14
meet nutritional needs, including: value of USDA-donated foods; value of supplemental food 15
assistance received under the Child Nutrition Act of 1966, as amended, and the special food service 16
program for children under Title VII, nutrition program for the elderly, of the Older Americans Act 17
of 1965 as amended, and the value of food stamps; 18
(v) Value of certain assistance provided to undergraduate students, including any grant or 19
loan for an undergraduate student for educational purposes made or insured under any loan program 20
administered by the United States Commissioner of Education (or the Rhode Island council on 21
postsecondary education or the Rhode Island division of higher education assistance); 22
(vi) Foster care payments; 23
(vii) Home energy assistance funded by state or federal government or by a nonprofit 24
organization; 25
(viii) Payments for supportive services or reimbursement of out-of-pocket expenses made 26
to foster grandparents, senior health aides, or senior companions and to persons serving in SCORE 27
and ACE and any other program under Title II and Title III of the Domestic Volunteer Service Act 28
of 1973, 42 U.S.C. § 5000 et seq.; 29
(ix) Payments to volunteers under AmeriCorps VISTA as defined in the department’s rules 30
and regulations; 31
(x) Certain payments to native Americans; payments distributed per capita to, or held in 32
trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. § 1261 et seq., P.L. 93-134, 33
25 U.S.C. § 1401 et seq., or P.L. 94-540; receipts distributed to members of certain Indian tribes 34
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which are referred to in § 5 of P.L. 94-114, 25 U.S.C. § 459d, that became effective October 17, 1
1975; 2
(xi) Refund from the federal and state earned income tax credit and any federal or state 3
child tax credits or rebates; 4
(xii) The value of any state, local, or federal government rent or housing subsidy, provided 5
that this exclusion shall not limit the reduction in benefits provided for in the payment standard 6
section of this chapter; 7
(xiii) The earned income of any adult family member who gains employment while an 8
active RI Works household member. This income is excluded for the first six (6) months of 9
employment in which the income is earned, or until the household’s total gross income exceeds 10
one hundred eighty-five percent (185%) of the federal poverty level, unless the household reaches 11
its sixty-month (60) time limit first; 12
(xiv) Any veteran’s disability pension benefits received as a result of any disability 13
sustained by the veteran while in the military service. 14
(4) The receipt of a lump sum of income shall affect participants for cash assistance in 15
accordance with rules and regulations promulgated by the department. 16
(h) Time limit on the receipt of cash assistance. 17
(1) On or after January 1, 2020, no cash assistance shall be provided, pursuant to this 18
chapter, to a family or assistance unit that includes an adult member who has received cash 19
assistance for a total of sixty (60) months (whether or not consecutive), to include any time 20
receiving any type of cash assistance in any other state or territory of the United States of America 21
as defined herein. Provided further, in no circumstances other than provided for in subsection (h)(3) 22
with respect to certain minor children, shall cash assistance be provided pursuant to this chapter to 23
a family or assistance unit that includes an adult member who has received cash assistance for a 24
total of a lifetime limit of sixty (60) months. 25
(2) Cash benefits received by a minor dependent child shall not be counted toward their 26
lifetime time limit for receiving benefits under this chapter should that minor child apply for cash 27
benefits as an adult. 28
(3) Certain minor children not subject to time limit. This section regarding the lifetime time 29
limit for the receipt of cash assistance, shall not apply only in the instances of a minor child(ren) 30
living with a parent who receives SSI benefits and a minor child(ren) living with a responsible adult 31
non-parent caretaker relative who is not in the cash assistance payment. 32
(4) Receipt of family cash assistance in any other state or territory of the United States of 33
America shall be determined by the department of human services and shall include family cash 34
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assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds 1
[Title IV-A of the federal Social Security Act, 42 U.S.C. § 601 et seq.] and/or family cash assistance 2
provided under a program similar to the Rhode Island families work and opportunity program or 3
the federal TANF program. 4
(5)(i) The department of human services shall mail a notice to each assistance unit when 5
the assistance unit has six (6) months of cash assistance remaining and each month thereafter until 6
the time limit has expired. The notice must be developed by the department of human services and 7
must contain information about the lifetime time limit, the number of months the participant has 8
remaining, the hardship extension policy, the availability of a post-employment-and-closure bonus; 9
and any other information pertinent to a family or an assistance unit nearing the sixty-month (60) 10
lifetime time limit. 11
(ii) For applicants who have less than six (6) months remaining in the sixty-month (60) 12
lifetime time limit because the family or assistance unit previously received cash assistance in 13
Rhode Island or in another state, the department shall notify the applicant of the number of months 14
remaining when the application is approved and begin the process required in subsection (h)(5)(i). 15
(6) If a cash assistance recipient family was closed pursuant to Rhode Island’s Temporary 16
Assistance for Needy Families Program (federal TANF described in Title IV-A of the Federal 17
Social Security Act, 42 U.S.C. § 601 et seq.), formerly entitled the Rhode Island family 18
independence program, more specifically under § 40-5.1-9(2)(c) [repealed], due to sanction 19
because of failure to comply with the cash assistance program requirements; and that recipient 20
family received sixty (60) months of cash benefits in accordance with the family independence 21
program, then that recipient family is not able to receive further cash assistance for his/her family, 22
under this chapter, except under hardship exceptions. 23
(7) The months of state or federally funded cash assistance received by a recipient family 24
since May 1, 1997, under Rhode Island’s Temporary Assistance for Needy Families Program 25
(federal TANF described in Title IV-A of the Federal Social Security Act, 42 U.S.C. § 601 et seq.), 26
formerly entitled the Rhode Island family independence program, shall be countable toward the 27
time-limited cash assistance described in this chapter. 28
(i) Time limit on the receipt of cash assistance. 29
(1) No cash assistance shall be provided, pursuant to this chapter, to a family assistance 30
unit in which an adult member has received cash assistance for a total of sixty (60) months (whether 31
or not consecutive) to include any time receiving any type of cash assistance in any other state or 32
territory of the United States as defined herein effective August 1, 2008. Provided further, that no 33
cash assistance shall be provided to a family in which an adult member has received assistance for 34
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twenty-four (24) consecutive months unless the adult member has a rehabilitation employment plan 1
as provided in § 40-5.2-12(g)(5). 2
(2) Effective August 1, 2008, no cash assistance shall be provided pursuant to this chapter 3
to a family in which a child has received cash assistance for a total of sixty (60) months (whether 4
or not consecutive) if the parent is ineligible for assistance under this chapter pursuant to subsection 5
(a)(2) to include any time they received any type of cash assistance in any other state or territory 6
of the United States as defined herein. 7
(j) Hardship exceptions. 8
(1) The department may extend an assistance unit’s or family’s cash assistance beyond the 9
time limit, by reason of hardship; provided, however, that the number of families to be exempted 10
by the department with respect to their time limit under this subsection shall not exceed twenty 11
percent (20%) of the average monthly number of families to which assistance is provided for under 12
this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by 13
federal law, any waiver granted under § 40-5.2-34, for domestic violence, shall not be counted in 14
determining the twenty percent (20%) maximum under this section. 15
(2) Parents who receive extensions to the time limit due to hardship must have and comply 16
with employment plans designed to remove or ameliorate the conditions that warranted the 17
extension. 18
(k) Parents under eighteen (18) years of age. 19
(1) A family consisting of a parent who is under the age of eighteen (18), and who has 20
never been married, and who has a child; or a family consisting of a woman person under the age 21
of eighteen (18) who is at least six (6) months pregnant from onset of pregnancy, shall be eligible 22
for cash assistance only if the family resides in the home of an adult parent, legal guardian, or other 23
adult relative. The assistance shall be provided to the adult parent, legal guardian, or other adult 24
relative on behalf of the individual and child unless otherwise authorized by the department. 25
(2) This subsection shall not apply if the minor parent or pregnant minor has no parent, 26
legal guardian, or other adult relative who is living and/or whose whereabouts are unknown; or the 27
department determines that the physical or emotional health or safety of the minor parent, or his or 28
her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same 29
residence as his or her parent, legal guardian, or other adult relative (refusal of a parent, legal 30
guardian, or other adult relative to allow the minor parent or his or her child, or a pregnant minor, 31
to live in his or her home shall constitute a presumption that the health or safety would be so 32
jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent or 33
legal guardian for a period of at least one year before either the birth of any child to a minor parent 34
LC000838 - Page 13 of 21
or the onset of the pregnant minor’s pregnancy; or there is good cause, under departmental 1
regulations, for waiving the subsection; and the individual resides in a supervised supportive-living 2
arrangement to the extent available. 3
(3) For purposes of this section, “supervised supportive-living arrangement” means an 4
arrangement that requires minor parents to enroll and make satisfactory progress in a program 5
leading to a high school diploma or a general education development certificate, and requires minor 6
parents to participate in the adolescent parenting program designated by the department, to the 7
extent the program is available; and provides rules and regulations that ensure regular adult 8
supervision. 9
(l) Assignment and cooperation. As a condition of eligibility for cash and medical 10
assistance under this chapter, each adult member, parent, or caretaker relative of the 11
family/assistance unit must: 12
(1) Assign to the state any rights to support for children within the family from any person 13
that the family member has at the time the assignment is executed or may have while receiving 14
assistance under this chapter; 15
(2) Consent to and cooperate with the state in establishing the paternity and in establishing 16
and/or enforcing child support and medical support orders for all children in the family or assistance 17
unit in accordance with title 15 of the general laws, as amended, unless the parent or caretaker 18
relative is found to have good cause for refusing to comply with the requirements of this subsection. 19
(3) Absent good cause, as defined by the department of human services through the 20
rulemaking process, for refusing to comply with the requirements of subsections (l)(1) and (l)(2), 21
cash assistance to the family shall be reduced by twenty-five percent (25%) until the adult member 22
of the family who has refused to comply with the requirements of this subsection consents to and 23
cooperates with the state in accordance with the requirements of this subsection. 24
(4) As a condition of eligibility for cash and medical assistance under this chapter, each 25
adult member, parent, or caretaker relative of the family/assistance unit must consent to and 26
cooperate with the state in identifying and providing information to assist the state in pursuing any 27
third party who may be liable to pay for care and services under Title XIX of the Social Security 28
Act, 42 U.S.C. § 1396 et seq. 29
40-5.2-11. Cash assistance. 30
(a) A family or assistance unit found by the department to meet the eligibility criteria set 31
forth in this chapter shall be eligible to receive cash assistance as of the date a signed, written 32
application, signed under a penalty of perjury, is received by the department. 33
(b) The family members or assistance unit shall be eligible for cash assistance for so long 34
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as they continue to meet the eligibility criteria outlined in accordance with this chapter. Parents and 1
adult non-parent caretaker relatives receiving cash assistance shall be eligible so long as they meet 2
the terms and conditions of the work requirements of § 40-5.2-12. An adult caretaker relative shall 3
be eligible for assistance as a member of the assistance unit so long as he or she meets all the 4
eligibility requirements of this chapter. 5
(c) The monthly amount of cash assistance shall be equal to the payment standard for the 6
family minus the countable income of the family in that month. The department is authorized to 7
reduce the amount of assistance in the month of application to reflect the number of the days 8
between the first day of the month and the effective date of the application. 9
(d) A decision on the application for assistance shall be made or rejected by the department 10
no later than thirty (30) days following the date submitted and shall be effective as of the date of 11
application. 12
(e) The payment standard is equal to the sum of the following: four hundred twenty-five 13
dollars ($425) (three hundred sixty dollars ($360) for a family residing in subsidized housing) for 14
the first person; one hundred fifty-nine dollars ($159) for the second person; one hundred thirty-15
seven dollars ($137) for the third person; and one hundred four dollars ($104) for each additional 16
person. Effective July 1, 2023, the payment standard for the assistance unit shall be no less than 17
fifty percent (50%) of the poverty guideline for the comparable assistance unit size as determined 18
by the U.S. Department of Health and Human Services for calendar year 2023. Thereafter, the 19
payment standard shall be adjusted in July of each year to be no less than fifty percent (50%) of the 20
poverty guideline for the comparable assistance unit size as determined by the U.S. Department of 21
Health and Human Services for that calendar year. 22
40-5.2-12. Work requirements for receipt of cash assistance. 23
(a) The department of human services and the department of labor and training shall assess 24
the applicant/parent or non-parent caretaker relative’s work experience, educational, and vocational 25
abilities, and the department, together with the parent, shall develop and enter into a mandatory, 26
individual employment plan in accordance with § 40-5.2-10(e). 27
(b) In the case of a family including two (2) parents, at least one of the parents shall be 28
required to participate in an employment plan leading to full-time employment. The department 29
may also require the second parent in a two-parent (2) household to develop an employment plan 30
if, and when, the youngest child reaches six (6) years of age or older. 31
(c) The written, individual employment plan shall specify, at minimum, the immediate 32
steps necessary to support a goal of long-term, economic independence. 33
(d) All applicants and participants in the Rhode Island works employment program must 34
LC000838 - Page 15 of 21
attend and participate in required appointments, employment plan development, and employment-1
related activities, unless temporarily exempt for reasons specified in this chapter. 2
(e) A recipient/participant temporarily exempted from the work requirements may 3
participate in an individual employment plan on a voluntary basis, however, the individual remains 4
subject to the same program compliance requirements as a participant without a temporary 5
exemption. 6
(f) The individual employment plan shall specify the participant’s work activity(ies) and 7
the supportive services that will be provided by the department to enable the participant to engage 8
in the work activity(ies). 9
(g) Work requirements for single-parent families. In single-parent households, the 10
participant parent or non-parent caretaker relative in the cash assistance payment, shall participate 11
as a condition of eligibility, for a minimum of twenty (20) hours per week if the youngest child in 12
the home is under the age of six (6), and for a minimum of thirty (30) hours per week if the youngest 13
child in the home is six (6) years of age or older, in one or more of their required work activities, 14
as appropriate, in order to help the parent obtain stable, full-time, paid employment, as determined 15
by the department of human services and the department of labor and training; provided, however, 16
that he or she shall begin with intensive employment services as the first step in the individual 17
employment plan. Required work activities are as follows: 18
(1) At least twenty (20) hours per week must come from participation in one or more of 19
the following ten (10) work activities: 20
(i) Unsubsidized employment; 21
(ii) Subsidized private-sector employment; 22
(iii) Subsidized public-sector employment; 23
(iv) Work experience; 24
(v) On-the-job training; 25
(vi) Job search and job readiness; 26
(vii) Community service programs; 27
(viii) Vocational educational training not to exceed twelve (12) months; provided, 28
however, that a participant who successfully completes their first year of education at the 29
community college of Rhode Island may participate in vocational education training for an 30
additional twelve (12) months; 31
(ix) Providing childcare services to another participant parent who is participating in an 32
approved community service program; and 33
(x) Adult education in an intensive work-readiness program. 34
LC000838 - Page 16 of 21
(2) Above twenty (20) hours per week, the parent may participate in one or more of the 1
following three (3) activities in order to satisfy a thirty-hour (30) requirement: 2
(i) Job skills training directly related to employment; 3
(ii) Education directly related to employment; and 4
(iii) Satisfactory attendance at a secondary school or in a course of study leading to a 5
certificate of general equivalence if it is a teen parent under the age of twenty (20) who is without 6
a high school diploma or General Equivalence Diploma (GED). 7
(3) In the case of a parent under the age of twenty (20), attendance at a secondary school 8
or the equivalent during the month, or twenty (20) hours per week on average for the month in 9
education directly related to employment, will be counted as engaged in work. 10
(4) A parent who participates in a work experience or community service program for the 11
maximum number of hours per week allowable by the Fair Labor Standards Act (FLSA) is deemed 12
to have participated in his or her required minimum hours per week in core activities if actual 13
participation falls short of his or her required minimum hours per week. 14
(5) A parent who has been determined to have a physical or mental impairment affecting 15
employment, but who has not been found eligible for Social Security Disability benefits or 16
Supplemental Security Income must participate in his or her rehabilitation employment plan as 17
developed with the office of rehabilitation services that leads to employment and/or to receipt of 18
disability benefits through the Social Security Administration. 19
(6) A required work activity may be any other work activity permissible under federal 20
TANF provisions or state-defined Rhode Island works program activity, including up to ten (10) 21
hours of activities required by a parent’s department of children, youth and families service plan. 22
(h) Exemptions from work requirements for the single-parent family. Work requirements 23
outlined in subsection (g) shall not apply to a single parent if (and for so long as) the department 24
finds that he or she is: 25
(1) Caring for a child below the age of one; provided, however, that a parent may opt for 26
the deferral from an individual employment plan for a maximum of twelve (12) months during the 27
twenty-four (24) months of eligibility for cash assistance and provided, further, that a minor parent 28
without a high school diploma or the equivalent, and who is not married, shall not be exempt for 29
more than twelve (12) weeks from the birth of the child; 30
(2) Caring for a disabled family member who resides in the home and requires full-time 31
care; 32
(3) A recipient of Social Security Disability benefits or Supplemental Security Income or 33
other disability benefits that have the same standard of disability as defined by the Social Security 34
LC000838 - Page 17 of 21
Administration; 1
(4) An individual receiving assistance who is a victim of domestic violence as determined 2
by the department in accordance with rules and regulations; 3
(5) An applicant for assistance in her third trimester from onset of pregnancy or a pregnant 4
woman person in her their third trimester who is a recipient of assistance and has medical 5
documentation that she they cannot work; 6
(6) An individual otherwise exempt by the department as defined in rules and regulations 7
promulgated by the department. 8
(i) Work requirement for two-parent families. 9
(1) In families consisting of two (2) parents, one or both parents are required, and shall be 10
engaged in, work activities as defined below, for an individual or combined total of at least thirty-11
five (35) hours per week during the month, not fewer than thirty (30) hours per week of which are 12
attributable to one or more of the following listed work activities; provided, however, that he or she 13
shall begin with intensive employment services as the first step in the individual employment plan. 14
Two-parent work requirements shall be defined as the following: 15
(i) Unsubsidized employment; 16
(ii) Subsidized private-sector employment; 17
(iii) Subsidized public-sector employment; 18
(iv) Work experience; 19
(v) On-the-job training; 20
(vi) Job search and job readiness; 21
(vii) Community service program; 22
(viii) Vocational educational training not to exceed twelve (12) months; provided, 23
however, that a participant who successfully completes their first year of education at the 24
community college of Rhode Island may participate in vocational education training for an 25
additional twelve (12) months; 26
(ix) The provision of childcare services to a participant individual who is participating in a 27
community service program; and 28
(x) Adult education in an intensive work-readiness program. 29
(2) Above thirty (30) hours per week, the following three (3) activities may also count for 30
participation: 31
(i) Job skills training directly related to employment; 32
(ii) Education directly related to employment; and 33
(iii) Satisfactory attendance at secondary school or in a course of study leading to a 34
LC000838 - Page 18 of 21
certificate of general equivalence. 1
(3) A family with two (2) parents, in which one or both parents participate in a work 2
experience or community service program, shall be deemed to have participated in core work 3
activities for the maximum number of hours per week allowable by the Fair Labor Standards Act 4
(FLSA) if actual participation falls short of his or her required minimum hours per week. 5
(4) If the family receives childcare assistance and an adult in the family is not disabled or 6
caring for a severely disabled child, then the work-eligible individuals must be participating in work 7
activities for an average of at least fifty-five (55) hours per week to count as a two-parent family 8
engaged in work for the month. 9
(5) At least fifty (50) of the fifty-five (55) hours per week must come from participation in 10
the activities listed in subsection (i)(1). 11
Above fifty (50) hours per week, the three (3) activities listed in subsection (i)(2) may also 12
count as participation. 13
(6) A family with two (2) parents receiving child care in which one or both parents 14
participate in a work experience or community service program for the maximum number of hours 15
per week allowable by the Fair Labor Standards Act (FLSA) will be considered to have met their 16
required core hours if actual participation falls short of the required minimum hours per week. For 17
families that need additional hours beyond the core activity requirement, these hours must be 18
satisfied in some other TANF work activity. 19
(j) Exemptions from work requirements for two-parent families. Work requirements 20
outlined in subsection (i) shall not apply to two-parent families if (and for so long as) the department 21
finds that: 22
(1) Both parents receive Supplemental Security Income (SSI); 23
(2) One parent receives SSI, and the other parent is caring for a disabled family member 24
who resides in the home and who requires full-time care; or 25
(3) The parents are otherwise exempt by the department as defined in rules and regulations. 26
(k) Failure to comply with work requirements — Sanctions and terminations. 27
(1) The cash assistance to which an otherwise eligible family/assistance unit is entitled 28
under this chapter shall be reduced for three (3) months, whether or not consecutive, in accordance 29
with rules and regulations promulgated by the department, whenever any participant, without good 30
cause as defined by the department in its rules and regulations, has failed to enter into an individual 31
employment plan; has failed to attend a required appointment; has refused or quit employment; or 32
has failed to comply with any other requirements for the receipt of cash assistance under this 33
chapter. The reduction in cash assistance shall not exceed the share of the payment made to the 34
LC000838 - Page 19 of 21
participant, i.e., the amount paid in addition to the payment for the dependent children. If the 1
family’s benefit has been reduced, benefits shall be restored to the full amount beginning with the 2
initial payment made on the first of the month following the month in which the parent: (i) Enters 3
into an individual employment plan or rehabilitation plan and demonstrates compliance with the 4
terms thereof; or (ii) Demonstrates compliance with the terms of his or her existing individual 5
employment plan or rehabilitation plan, as such plan may be amended by agreement of the parent 6
and the department. 7
(2) In the case where appropriate child care has been made available in accordance with 8
this chapter, a participant’s failure, without good cause, to accept a bona fide offer of work, 9
including full-time, part-time, and/or temporary employment, or unpaid work experience or 10
community service, shall be deemed a failure to comply with the work requirements of this section 11
and shall result in reduction or termination of cash assistance, as defined by the department in rules 12
and regulations duly promulgated. 13
(3) If the family/assistance unit’s benefit has been reduced for a total of three (3) months, 14
whether or not consecutive in accordance with this section due to the failure by one or more parents 15
to enter into an individual employment plan, or failure to comply with the terms of his or her 16
individual employment plan, or the failure to comply with the requirements of this chapter, cash 17
assistance to the entire family shall end. The family/assistance unit may reapply for benefits, and 18
the benefits shall be restored to the family/assistance unit in the full amount the family/assistance 19
unit is otherwise eligible for under this chapter beginning on the first of the month following the 20
month in which all parents in the family/assistance unit who are subject to the employment or 21
rehabilitation plan requirements under this chapter: (i) Enter into an individual employment or 22
rehabilitation plan as applicable, and demonstrate compliance with the terms thereof, or (ii) 23
Demonstrate compliance with the terms of the parent’s individual employment or rehabilitation 24
employment plan in effect at the time of termination of benefits, as such plan may be amended by 25
agreement of the parent and the department. 26
(4) Up to ten (10) days following a notice of adverse action to reduce or terminate benefits 27
under this subsection, the client may request the opportunity to meet with a social worker to identify 28
the reasons for non-compliance, establish good cause, and seek to resolve any issues that have 29
prevented the parent from complying with the employment plan requirements. 30
(5) Participants whose cases had closed in sanction status pursuant to Rhode Island’s prior 31
Temporary Assistance for Needy Families Program (federal TANF described in Title IV-A of the 32
federal Social Security Act, 42 U.S.C. § 601 et seq.), the family independence program, more 33
specifically, § 40-5.1-9(2)(c) [repealed], due to failure to comply with the cash assistance program 34
LC000838 - Page 20 of 21
requirements, but who had received less than forty-eight (48) months of cash assistance at the time 1
of closure, and who reapply for cash assistance under the Rhode Island works program, must 2
demonstrate full compliance, as defined by the department in its rules and regulations, before they 3
shall be eligible for cash assistance pursuant to this chapter. 4
(l) Good cause. Good cause for failing to meet any program requirements including leaving 5
employment, and failure to fulfill documentation requirements, shall be outlined in rules and 6
regulations promulgated by the department of human services. 7
SECTION 2. This act shall take effect upon passage. 8
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HUMAN SE RVICES -- THE RHODE ISLAND WOR KS PROGRAM
***
This act would amend the Rhode Island Works Program to provide eligibility for benefits 1
for pregnant persons from the onset of pregnancy, and allow lawful permanent residents to receive 2
benefits without a waiting period. This act would also increase the monthly cash benefit to fifty 3
percent (50%) of the federal poverty level effective July 1, 2023, and would provide for a yearly 4
cost of living increase by maintaining the benefit at not less than fifty percent (50%) of the federal 5
poverty level. This act would also repeal the termination of benefits to a family because of failure 6
of a family member to enter into or comply with an individual employment plan, which is 7
sometimes referred to as a “full family sanction”. 8
This act would take effect upon passage. 9
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