Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0100 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO HUMAN SERVICES -- THE RHODE ISLAND WORKS PROGRAM
1616 Introduced By: Senators DiMario, Valverde, Patalano, Thompson, Lauria, Vargas, Mack,
1717 Acosta, Murray, and Bell
1818 Date Introduced: January 31, 2025
1919 Referred To: Senate Finance
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 40-5.2-20 of the General Laws in Chapter 40-5.2 entitled "The Rhode 1
2424 Island Works Program" is hereby amended to read as follows: 2
2525 40-5.2-20. Childcare assistance — Families or assistance units eligible. 3
2626 (a) The department shall provide appropriate child care to every participant who is eligible 4
2727 for cash assistance and who requires child care in order to meet the work requirements in 5
2828 accordance with this chapter. 6
2929 (b) Low-income child care. The department shall provide child care to all other working 7
3030 families with incomes at or below two hundred sixty-one percent (261%) of the federal poverty 8
3131 level if, and to the extent, these other families require child care in order to work at paid 9
3232 employment as defined in the department’s rules and regulations. The department shall also provide 10
3333 child care to families with incomes below two hundred sixty-one percent (261%) of the federal 11
3434 poverty level if, and to the extent, these families require child care to participate on a short-term 12
3535 basis, as defined in the department’s rules and regulations, in training, apprenticeship, internship, 13
3636 on-the-job training, work experience, work immersion, or other job-readiness/job-attachment 14
3737 program sponsored or funded by the human resource investment council (governor’s workforce 15
3838 board) or state agencies that are part of the coordinated program system pursuant to § 42-102-11. 16
3939 Effective from January 1, 2021, through June 30, 2022, the department shall also provide childcare 17
4040 assistance to families with incomes below one hundred eighty percent (180%) of the federal poverty 18
4141 level when such assistance is necessary for a member of these families to enroll or maintain 19
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4545 enrollment in a Rhode Island public institution of higher education provided that eligibility to 1
4646 receive funding is capped when expenditures reach $200,000 for this provision. Effective July 1, 2
4747 2022 through December 31, 2024, the department shall also provide childcare assistance to families 3
4848 with incomes below two hundred percent (200%) of the federal poverty level when such assistance 4
4949 is necessary for a member of these families to enroll or maintain enrollment in a Rhode Island 5
5050 public institution of higher education. Effective January 1, 2025, the department shall also provide 6
5151 childcare assistance to families with incomes below two hundred sixty-one percent (261%) of the 7
5252 federal poverty level when such assistance is necessary for a member of these families to enroll or 8
5353 maintain enrollment in a Rhode Island public institution of higher education. 9
5454 (c) No family/assistance unit shall be eligible for childcare assistance under this chapter if 10
5555 the combined value of its liquid resources exceeds one million dollars ($1,000,000), which 11
5656 corresponds to the amount permitted by the federal government under the state plan and set forth 12
5757 in the administrative rulemaking process by the department. Liquid resources are defined as any 13
5858 interest(s) in property in the form of cash or other financial instruments or accounts that are readily 14
5959 convertible to cash or cash equivalents. These include, but are not limited to: cash, bank, credit 15
6060 union, or other financial institution savings, checking, and money market accounts; certificates of 16
6161 deposit or other time deposits; stocks; bonds; mutual funds; and other similar financial instruments 17
6262 or accounts. These do not include educational savings accounts, plans, or programs; retirement 18
6363 accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse. 19
6464 The department is authorized to promulgate rules and regulations to determine the ownership and 20
6565 source of the funds in the joint account. 21
6666 (d) As a condition of eligibility for childcare assistance under this chapter, the parent or 22
6767 caretaker relative of the family must consent to, and must cooperate with, the department in 23
6868 establishing paternity, and in establishing and/or enforcing child support and medical support 24
6969 orders for any children in the family receiving appropriate child care under this section in 25
7070 accordance with the applicable sections of title 15, as amended, unless the parent or caretaker 26
7171 relative is found to have good cause for refusing to comply with the requirements of this subsection. 27
7272 (e) For purposes of this section, “appropriate child care” means child care, including infant, 28
7373 toddler, preschool, nursery school, and school-age, that is provided by a person or organization 29
7474 qualified, approved, and authorized to provide the care by the state agency or agencies designated 30
7575 to make the determinations in accordance with the provisions set forth herein. 31
7676 (f)(1) Families with incomes below one hundred percent (100%) of the applicable federal 32
7777 poverty level guidelines shall be provided with free child care. Families with incomes greater than 33
7878 one hundred percent (100%) and less than two hundred percent (200%) of the applicable federal 34
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8282 poverty guideline shall be required to pay for some portion of the child care they receive, according 1
8383 to a sliding-fee scale adopted by the department in the department’s rules, not to exceed seven 2
8484 percent (7%) of income as defined in subsection (h) of this section. 3
8585 (2) Families who are receiving childcare assistance and who become ineligible for 4
8686 childcare assistance as a result of their incomes exceeding two hundred sixty-one percent (261%) 5
8787 of the applicable federal poverty guidelines shall continue to be eligible for childcare assistance 6
8888 until their incomes exceed three hundred percent (300%) of the applicable federal poverty 7
8989 guidelines. To be eligible, the families must continue to pay for some portion of the child care they 8
9090 receive, as indicated in a sliding-fee scale adopted in the department’s rules, not to exceed seven 9
9191 percent (7%) of income as defined in subsection (h) of this section, and in accordance with all other 10
9292 eligibility standards. 11
9393 (g) In determining the type of child care to be provided to a family, the department shall 12
9494 take into account the cost of available childcare options; the suitability of the type of care available 13
9595 for the child; and the parent’s preference as to the type of child care. 14
9696 (h) For purposes of this section, “income” for families receiving cash assistance under § 15
9797 40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in 16
9898 §§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and 17
9999 unearned income as determined by departmental regulations. 18
100100 (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast 19
101101 the expenditures for child care in accordance with the provisions of § 35-17-1. 20
102102 (j) In determining eligibility for childcare assistance for children of members of reserve 21
103103 components called to active duty during a time of conflict, the department shall freeze the family 22
104104 composition and the family income of the reserve component member as it was in the month prior 23
105105 to the month of leaving for active duty. This shall continue until the individual is officially 24
106106 discharged from active duty. 25
107107 (k) Effective from August 1, 2023, through July 31, 2025, the The department shall provide 26
108108 funding for child care for eligible childcare educators, and childcare staff, who work at least twenty 27
109109 (20) hours a week in licensed childcare centers and licensed family childcare homes as defined in 28
110110 the department’s rules and regulations. Furthermore, the department shall provide funding for child 29
111111 care for eligible staff providing early intervention services at least twenty (20) hours per week to 30
112112 infants and toddlers with developmental delays and disabilities under Part C of the Individuals with 31
113113 Disabilities Education Act. Eligibility is limited to qualifying childcare educators and childcare 32
114114 staff with family incomes up to three hundred percent (300%) of the applicable federal poverty 33
115115 guidelines and for child care assistance for these children will fall under the federal Child Care 34
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119119 Development Funds definition of a "protected population" and would be determined on a case-by-1
120120 case basis by the department using federal affordability guidelines. Families determined eligible by 2
121121 the department under this "protected population" category will have no copayments. Qualifying 3
122122 participants may select the childcare center or family childcare home for their children. The 4
123123 department shall promulgate regulations necessary to implement this section, and will collect 5
124124 applicant and participant data to report estimated demand for state-funded child care for eligible 6
125125 childcare educators, and childcare staff and early intervention staff. The report shall be due to the 7
126126 governor and the general assembly annually by November 1, 2024. 8
127127 SECTION 2. This act shall take effect upon passage. 9
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134134 EXPLANATION
135135 BY THE LEGISLATIVE COUNCIL
136136 OF
137137 A N A C T
138138 RELATING TO HUMAN SERVICES -- THE RHODE ISLAND WORKS PROGRAM
139139 ***
140140 This act would eliminate the sunset on the provision of funding for child care for eligible 1
141141 child care educators and child care staffs, remove the family income limit, and would expand the 2
142142 program to include staff providing early intervention services to infants and toddlers with 3
143143 developmental delays and disabilities and would require an annual reporting of participant data to 4
144144 the governor and general assembly by November 1. 5
145145 This act would take effect upon passage. 6
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