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