Rhode Island 2023 Regular Session

Rhode Island House Bill H6169 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 6169
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7	7	LC002556
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO HUMAN SE RVICES -- THE RHODE ISLAND WORKS PROGRAM
16	16	Introduced By: Representatives Diaz, Shallcross Smith, Casimiro, McNamara,
17	17	DeSimone, Messier, Cruz, Kislak, Donovan, and Caldwell
18	18	Date Introduced: March 17, 2023
19	19	Referred To: House Finance
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 40-5.2-20 of the General Laws in Chapter 40-5.2 entitled "The Rhode 1
24	24	Island Works Program" is hereby amended to read as follows: 2
25	25	40-5.2-20. Childcare assistance — Families or assistance units eligible. 3
26	26	(a) The department shall provide appropriate child care to every participant who is eligible 4
27	27	for cash assistance and who requires child care in order to meet the work requirements in 5
28	28	accordance with this chapter. 6
29	29	(b) Low-income child care. The department shall provide child care to all other working 7
30	30	families with incomes at or below two hundred percent (200%) of the federal poverty level if, and 8
31	31	to the extent, these other families require child care in order to work at paid employment as defined 9
32	32	in the department’s rules and regulations. The department shall also provide child care to families 10
33	33	with incomes below two hundred percent (200%) of the federal poverty level if, and to the extent, 11
34	34	these families require child care to participate on a short-term basis, as defined in the department’s 12
35	35	rules and regulations, in training, apprenticeship, internship, on-the-job training, work experience, 13
36	36	work immersion, or other job-readiness/job-attachment program sponsored or funded by the human 14
37	37	resource investment council (governor’s workforce board) or state agencies that are part of the 15
38	38	coordinated program system pursuant to § 42-102-11. Effective from January 1, 2021, through June 16
39	39	30, 2022, the department shall also provide childcare assistance to families with incomes below 17
40	40	one hundred eighty percent (180%) of the federal poverty level when such assistance is necessary 18
41	41	for a member of these families to enroll or maintain enrollment in a Rhode Island public institution 19
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45	45	of higher education provided that eligibility to receive funding is capped when expenditures reach 1
46	46	$200,000 for this provision. Effective July 1, 2022, the department shall also provide childcare 2
47	47	assistance to families with incomes below two hundred percent (200%) of the federal poverty level 3
48	48	when such assistance is necessary for a member of these families to enroll or maintain enrollment 4
49	49	in a Rhode Island public institution of higher education. 5
50	50	(c) No family/assistance unit shall be eligible for childcare assistance under this chapter if 6
51	51	the combined value of its liquid resources exceeds one million dollars ($1,000,000), which 7
52	52	corresponds to the amount permitted by the federal government under the state plan and set forth 8
53	53	in the administrative rulemaking process by the department. Liquid resources are defined as any 9
54	54	interest(s) in property in the form of cash or other financial instruments or accounts that are readily 10
55	55	convertible to cash or cash equivalents. These include, but are not limited to: cash, bank, credit 11
56	56	union, or other financial institution savings, checking, and money market accounts; certificates of 12
57	57	deposit or other time deposits; stocks; bonds; mutual funds; and other similar financial instruments 13
58	58	or accounts. These do not include educational savings accounts, plans, or programs; retirement 14
59	59	accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse. 15
60	60	The department is authorized to promulgate rules and regulations to determine the ownership and 16
61	61	source of the funds in the joint account. 17
62	62	(d) As a condition of eligibility for childcare assistance under this chapter, the parent or 18
63	63	caretaker relative of the family must consent to, and must cooperate with, the department in 19
64	64	establishing paternity, and in establishing and/or enforcing child support and medical support 20
65	65	orders for any children in the family receiving appropriate child care under this section in 21
66	66	accordance with the applicable sections of title 15, as amended, unless the parent or caretaker 22
67	67	relative is found to have good cause for refusing to comply with the requirements of this subsection. 23
68	68	The parent or caretaker relative of any family applying for childcare assistance may 24
69	69	voluntarily access the department’s office of child support services for assistance in locating a non-25
70	70	custodial parent, establishing parentage, establishing child support and medical orders, and 26
71	71	enforcement of the order, but shall not be required to do so in order to qualify for childcare 27
72	72	assistance. 28
73	73	(e) For purposes of this section, “appropriate child care” means child care, including infant, 29
74	74	toddler, preschool, nursery school, and school-age, that is provided by a person or organization 30
75	75	qualified, approved, and authorized to provide the care by the state agency or agencies designated 31
76	76	to make the determinations in accordance with the provisions set forth herein. 32
77	77	(f)(1) Families with incomes below one hundred percent (100%) of the applicable federal 33
78	78	poverty level guidelines shall be provided with free child care. Families with incomes greater than 34
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82	82	one hundred percent (100%) and less than two hundred percent (200%) of the applicable federal 1
83	83	poverty guideline shall be required to pay for some portion of the child care they receive, according 2
84	84	to a sliding-fee scale adopted by the department in the department’s rules, not to exceed seven 3
85	85	percent (7%) of income as defined in subsection (h) of this section. 4
86	86	(2) Families who are receiving childcare assistance and who become ineligible for 5
87	87	childcare assistance as a result of their incomes exceeding two hundred percent (200%) of the 6
88	88	applicable federal poverty guidelines shall continue to be eligible for childcare assistance until their 7
89	89	incomes exceed three hundred percent (300%) of the applicable federal poverty guidelines. To be 8
90	90	eligible, the families must continue to pay for some portion of the child care they receive, as 9
91	91	indicated in a sliding-fee scale adopted in the department’s rules, not to exceed seven percent (7%) 10
92	92	of income as defined in subsection (h) of this section, and in accordance with all other eligibility 11
93	93	standards. 12
94	94	(g) In determining the type of child care to be provided to a family, the department shall 13
95	95	take into account the cost of available childcare options; the suitability of the type of care available 14
96	96	for the child; and the parent’s preference as to the type of child care. 15
97	97	(h) For purposes of this section, “income” for families receiving cash assistance under § 16
98	98	40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in 17
99	99	§§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and 18
100	100	unearned income as determined by departmental regulations. 19
101	101	(i) The caseload estimating conference established by chapter 17 of title 35 shall forecast 20
102	102	the expenditures for child care in accordance with the provisions of § 35-17-1. 21
103	103	(j) In determining eligibility for childcare assistance for children of members of reserve 22
104	104	components called to active duty during a time of conflict, the department shall freeze the family 23
105	105	composition and the family income of the reserve component member as it was in the month prior 24
106	106	to the month of leaving for active duty. This shall continue until the individual is officially 25
107	107	discharged from active duty. 26
108	108	(k) Eligibility for child care staff and child care educators. The department shall provide 27
109	109	funding for child care, for child care educators, and child care staff, who work at least twenty (20) 28
110	110	hours a week in licensed child care centers and licensed family child care homes as defined in the 29
111	111	department’s rules and regulations. Qualifying child care educators and child care staff are not 30
112	112	subject to any family or household income requirements or income limitations, will have no 31
113	113	copayments, and may select the child care center or family child care home for their children. The 32
114	114	department shall promulgate regulations necessary to implement this section. 33
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118	118	SECTION 2. This act shall take effect upon passage. 1
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125	125	EXPLANATION
126	126	BY THE LEGISLATIVE COUNCIL
127	127	OF
128	128	A N A C T
129	129	RELATING TO HUMAN SE RVICES -- THE RHODE ISLAND WOR KS PROGRAM
130	130	***
131	131	This act would permit a parent or caretaker relative of a family applying for child care 1
132	132	assistance to qualify for child care assistance without first establishing paternity, or enforcing child 2
133	133	support and medical support orders. The act would also require the department to provide funding 3
134	134	for child care educators and staff who work at least 20 hours a week in licensed child care centers 4
135	135	and licensed family child care homes. Qualifying child care educators and child care staff would 5
136	136	not be subject to any income requirements or limitations, would have no copayments, and would 6
137	137	be allowed to select the child care center or family child care home for their children. 7
138	138	This act would take effect upon passage. 8
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