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5 | 5 | | 2025 -- S 0658 |
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6 | 6 | | ======== |
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7 | 7 | | LC002225 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO HUMAN SERVICES -- THE RHODE ISLAND WORKS PROGRAM |
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16 | 16 | | Introduced By: Senators Murray, DiPalma, Felag, Thompson, Sosnowski, DiMario, |
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17 | 17 | | Ciccone, Tikoian, Britto, and McKenney |
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18 | 18 | | Date Introduced: March 07, 2025 |
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19 | 19 | | Referred To: Senate Finance |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Sections 40-5.2-10, 40-5.2-11 and 40-5.2-35 of the General Laws in Chapter 1 |
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24 | 24 | | 40-5.2 entitled "The Rhode Island Works Program" are hereby amended to read as follows: 2 |
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25 | 25 | | 40-5.2-10. Necessary requirements and conditions. 3 |
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26 | 26 | | The following requirements and conditions shall be necessary to establish eligibility for 4 |
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27 | 27 | | the program. 5 |
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28 | 28 | | (a) Citizenship, alienage, and residency requirements. 6 |
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29 | 29 | | (1) A person shall be a resident of the state of Rhode Island. 7 |
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30 | 30 | | (2) Effective October 1, 2008, a person shall be a United States citizen, or shall meet the 8 |
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31 | 31 | | alienage requirements established in § 402(b) of the Personal Responsibility and Work Opportunity 9 |
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32 | 32 | | Reconciliation Act of 1996, PRWORA, Pub. L. No. 104-193 and as that section may hereafter be 10 |
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33 | 33 | | amended [8 U.S.C. § 1612]; a person who is not a United States citizen and does not meet the 11 |
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34 | 34 | | alienage requirements established in PRWORA, as amended, is not eligible for cash assistance in 12 |
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35 | 35 | | accordance with this chapter. Provided, however, a person who has been admitted for lawful 13 |
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36 | 36 | | permanent residence shall not be subject to a waiting period for benefits for which they are 14 |
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37 | 37 | | otherwise eligible under this chapter. 15 |
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38 | 38 | | (b) The family/assistance unit must meet any other requirements established by the 16 |
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39 | 39 | | department of human services by rules and regulations adopted pursuant to the Administrative 17 |
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40 | 40 | | Procedures Act, as necessary to promote the purpose and goals of this chapter. 18 |
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41 | 41 | | (c) Receipt of cash assistance is conditional upon compliance with all program 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC002225 - Page 2 of 12 |
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45 | 45 | | requirements. 1 |
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46 | 46 | | (d) All individuals domiciled in this state shall be exempt from the application of 2 |
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47 | 47 | | subdivision 115(d)(1)(A) of Pub. L. No. 104-193, the Personal Responsibility and Work 3 |
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48 | 48 | | Opportunity Reconciliation Act of 1996, PRWORA [21 U.S.C. § 862a], which makes any 4 |
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49 | 49 | | individual ineligible for certain state and federal assistance if that individual has been convicted 5 |
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50 | 50 | | under federal or state law of any offense that is classified as a felony by the law of the jurisdiction 6 |
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51 | 51 | | and that has as an element the possession, use, or distribution of a controlled substance as defined 7 |
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52 | 52 | | in § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)). 8 |
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53 | 53 | | (e) Individual employment plan as a condition of eligibility. 9 |
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54 | 54 | | (1) Following receipt of an application, the department of human services shall assess the 10 |
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55 | 55 | | financial conditions of the family, including the non-parent caretaker relative who is applying for 11 |
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56 | 56 | | cash assistance for themself as well as for the minor child(ren), in the context of an eligibility 12 |
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57 | 57 | | determination. If a parent or non-parent caretaker relative is unemployed or under-employed, the 13 |
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58 | 58 | | department shall conduct an initial assessment, taking into account: 14 |
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59 | 59 | | (A) The physical capacity, skills, education, work experience, health, safety, family 15 |
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60 | 60 | | responsibilities, and place of residence of the individual; and 16 |
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61 | 61 | | (B) The child care and supportive services required by the applicant to avail themself of 17 |
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62 | 62 | | employment opportunities and/or work readiness programs. 18 |
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63 | 63 | | (2) On the basis of this assessment, the department of human services and the department 19 |
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64 | 64 | | of labor and training, as appropriate, in consultation with the applicant, shall develop an individual 20 |
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65 | 65 | | employment plan for the family that requires the individual to participate in the intensive 21 |
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66 | 66 | | employment services. Intensive employment services shall be defined as the work requirement 22 |
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67 | 67 | | activities in § 40-5.2-12(g) and (i). 23 |
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68 | 68 | | (3) The director, or the director’s designee, may assign a case manager to an 24 |
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69 | 69 | | applicant/participant, as appropriate. 25 |
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70 | 70 | | (4) The department of labor and training and the department of human services in 26 |
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71 | 71 | | conjunction with the participant shall develop a revised individual employment plan that shall 27 |
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72 | 72 | | identify employment objectives, taking into consideration factors above, and shall include a 28 |
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73 | 73 | | strategy for immediate employment and for preparing for, finding, and retaining employment 29 |
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74 | 74 | | consistent, to the extent practicable, with the individual’s career objectives. 30 |
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75 | 75 | | (5) The individual employment plan must include the provision for the participant to 31 |
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76 | 76 | | engage in work requirements as outlined in § 40-5.2-12. 32 |
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77 | 77 | | (6)(i) The participant shall attend and participate immediately in intensive assessment and 33 |
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78 | 78 | | employment services as the first step in the individual employment plan, unless temporarily exempt 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC002225 - Page 3 of 12 |
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82 | 82 | | from this requirement in accordance with this chapter. Intensive assessment and employment 1 |
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83 | 83 | | services shall be defined as the work requirement activities in § 40-5.2-12(g) and (i). 2 |
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84 | 84 | | (ii) Parents under age twenty (20) without a high school diploma or general equivalency 3 |
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85 | 85 | | diploma (GED) shall be referred to special teen-parent programs that will provide intensive services 4 |
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86 | 86 | | designed to assist teen parents to complete high school education or GED, and to continue approved 5 |
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87 | 87 | | work plan activities in accord with Rhode Island works program requirements. 6 |
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88 | 88 | | (7) The applicant shall become a participant in accordance with this chapter at the time the 7 |
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89 | 89 | | individual employment plan is signed and entered into. 8 |
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90 | 90 | | (8) Applicants and participants of the Rhode Island works program shall agree to comply 9 |
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91 | 91 | | with the terms of the individual employment plan, and shall cooperate fully with the steps 10 |
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92 | 92 | | established in the individual employment plan, including the work requirements. 11 |
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93 | 93 | | (9) The department of human services has the authority under the chapter to require 12 |
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94 | 94 | | attendance by the applicant/participant, either at the department of human services or at the 13 |
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95 | 95 | | department of labor and training, at appointments deemed necessary for the purpose of having the 14 |
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96 | 96 | | applicant enter into and become eligible for assistance through the Rhode Island works program. 15 |
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97 | 97 | | The appointments include, but are not limited to: the initial interview, orientation and assessment; 16 |
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98 | 98 | | job readiness; and job search. Attendance is required as a condition of eligibility for cash assistance 17 |
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99 | 99 | | in accordance with rules and regulations established by the department. 18 |
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100 | 100 | | (10) As a condition of eligibility for assistance pursuant to this chapter, the 19 |
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101 | 101 | | applicant/participant shall be obligated to keep appointments; attend orientation meetings at the 20 |
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102 | 102 | | department of human services and/or the Rhode Island department of labor and training; participate 21 |
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103 | 103 | | in any initial assessments or appraisals; and comply with all the terms of the individual employment 22 |
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104 | 104 | | plan in accordance with department of human services rules and regulations. 23 |
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105 | 105 | | (11) A participant, including a parent or non-parent caretaker relative included in the cash 24 |
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106 | 106 | | assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause as 25 |
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107 | 107 | | defined in this chapter or the department’s rules and regulations. 26 |
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108 | 108 | | (12) A participant who voluntarily quits or refuses a job without good cause, as defined in 27 |
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109 | 109 | | § 40-5.2-12(l), while receiving cash assistance in accordance with this chapter, shall be sanctioned 28 |
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110 | 110 | | in accordance with rules and regulations promulgated by the department. 29 |
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111 | 111 | | (f) Resources. 30 |
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112 | 112 | | (1) The family or assistance unit’s countable resources shall be less than the allowable 31 |
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113 | 113 | | resource limit established by the department in accordance with this chapter. 32 |
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114 | 114 | | (2) No family or assistance unit shall be eligible for assistance payments if the combined 33 |
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115 | 115 | | value of its available resources (reduced by any obligations or debts with respect to such resources) 34 |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LC002225 - Page 4 of 12 |
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119 | 119 | | exceeds five thousand dollars ($5,000). 1 |
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120 | 120 | | (3) For purposes of this subsection, the following shall not be counted as resources of the 2 |
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121 | 121 | | family/assistance unit in the determination of eligibility for the works program: 3 |
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122 | 122 | | (i) The home owned and occupied by a child, parent, relative, or other individual; 4 |
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123 | 123 | | (ii) Real property owned by a husband and wife as tenants by the entirety, if the property 5 |
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124 | 124 | | is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in 6 |
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125 | 125 | | the property; 7 |
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126 | 126 | | (iii) Real property that the family is making a good faith effort to dispose of, however, any 8 |
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127 | 127 | | cash assistance payable to the family for any such period shall be conditioned upon such disposal 9 |
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128 | 128 | | of the real property within six (6) months of the date of application and any payments of assistance 10 |
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129 | 129 | | for that period shall (at the time of disposal) be considered overpayments to the extent that they 11 |
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130 | 130 | | would not have occurred at the beginning of the period for which the payments were made. All 12 |
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131 | 131 | | overpayments are debts subject to recovery in accordance with the provisions of the chapter; 13 |
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132 | 132 | | (iv) Income-producing property other than real estate including, but not limited to, 14 |
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133 | 133 | | equipment such as farm tools, carpenter’s tools, and vehicles used in the production of goods or 15 |
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134 | 134 | | services that the department determines are necessary for the family to earn a living; 16 |
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135 | 135 | | (v) One vehicle for each adult household member, but not to exceed two (2) vehicles per 17 |
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136 | 136 | | household, and in addition, a vehicle used primarily for income-producing purposes such as, but 18 |
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137 | 137 | | not limited to, a taxi, truck, or fishing boat; a vehicle used as a family’s home; a vehicle that 19 |
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138 | 138 | | annually produces income consistent with its fair market value, even if only used on a seasonal 20 |
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139 | 139 | | basis; a vehicle necessary to transport a family member with a disability where the vehicle is 21 |
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140 | 140 | | specially equipped to meet the specific needs of the person with a disability or if the vehicle is a 22 |
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141 | 141 | | special type of vehicle that makes it possible to transport the person with a disability; 23 |
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142 | 142 | | (vi) Household furnishings and appliances, clothing, personal effects, and keepsakes of 24 |
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143 | 143 | | limited value; 25 |
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144 | 144 | | (vii) Burial plots (one for each child, relative, and other individual in the assistance unit) 26 |
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145 | 145 | | and funeral arrangements; 27 |
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146 | 146 | | (viii) For the month of receipt and the following month, any refund of federal income taxes 28 |
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147 | 147 | | made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32 (relating 29 |
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148 | 148 | | to earned income tax credit), and any payment made to the family by an employer under § 3507 of 30 |
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149 | 149 | | the Internal Revenue Code of 1986, 26 U.S.C. § 3507 [repealed] (relating to advance payment of 31 |
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150 | 150 | | such earned income credit); 32 |
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151 | 151 | | (ix) The resources of any family member receiving supplementary security income 33 |
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152 | 152 | | assistance under the Social Security Act, 42 U.S.C. § 301 et seq.; 34 |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | LC002225 - Page 5 of 12 |
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156 | 156 | | (x) Any veteran’s disability pension benefits received as a result of any disability sustained 1 |
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157 | 157 | | by the veteran while in the military service. 2 |
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158 | 158 | | (g) Income. 3 |
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159 | 159 | | (1) Except as otherwise provided for herein, in determining eligibility for and the amount 4 |
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160 | 160 | | of cash assistance to which a family is entitled under this chapter, the income of a family includes 5 |
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161 | 161 | | all of the money, goods, and services received or actually available to any member of the family. 6 |
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162 | 162 | | (2) In determining the eligibility for and the amount of cash assistance to which a 7 |
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163 | 163 | | family/assistance unit is entitled under this chapter, income in any month shall not include the first 8 |
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164 | 164 | | five hundred and twenty-five dollars ($525) of gross earnings plus fifty percent (50%) of the gross 9 |
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165 | 165 | | earnings of the family in excess of five hundred and twenty-five dollars ($525) earned during the 10 |
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166 | 166 | | month. 11 |
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167 | 167 | | (3) The income of a family shall not include: 12 |
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168 | 168 | | (i) The first fifty dollars ($50.00) in one hundred dollars ($100) of child support for one 13 |
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169 | 169 | | child or the first two hundred dollars ($200) of child support for more than one child received in 14 |
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170 | 170 | | any month from each noncustodial parent of a child plus any arrearages in child support (to the 15 |
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171 | 171 | | extent of the first fifty dollars ($50.00) per month multiplied by the number of months in which the 16 |
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172 | 172 | | support has been in arrears) that are paid in any month by a noncustodial parent of a child parents; 17 |
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173 | 173 | | (ii) Earned income of any child; 18 |
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174 | 174 | | (iii) Income received by a family member who is receiving Supplemental Security Income 19 |
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175 | 175 | | (SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.; 20 |
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176 | 176 | | (iv) The value of assistance provided by state or federal government or private agencies to 21 |
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177 | 177 | | meet nutritional needs, including: value of USDA-donated foods; value of supplemental food 22 |
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178 | 178 | | assistance received under the Child Nutrition Act of 1966, as amended, and the special food service 23 |
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179 | 179 | | program for children under Title VII, nutrition program for the elderly, of the Older Americans Act 24 |
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180 | 180 | | of 1965 as amended, and the value of food stamps; 25 |
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181 | 181 | | (v) Value of certain assistance provided to undergraduate students, including any grant or 26 |
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182 | 182 | | loan for an undergraduate student for educational purposes made or insured under any loan program 27 |
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183 | 183 | | administered by the United States Commissioner of Education (or the Rhode Island council on 28 |
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184 | 184 | | postsecondary education or the Rhode Island division of higher education assistance); 29 |
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185 | 185 | | (vi) Foster care payments; 30 |
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186 | 186 | | (vii) Home energy assistance funded by state or federal government or by a nonprofit 31 |
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187 | 187 | | organization; 32 |
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188 | 188 | | (viii) Payments for supportive services or reimbursement of out-of-pocket expenses made 33 |
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189 | 189 | | to foster grandparents, senior health aides, or senior companions and to persons serving in SCORE 34 |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | LC002225 - Page 6 of 12 |
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193 | 193 | | and ACE and any other program under Title II and Title III of the Domestic Volunteer Service Act 1 |
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194 | 194 | | of 1973, 42 U.S.C. § 5000 et seq.; 2 |
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195 | 195 | | (ix) Payments to volunteers under AmeriCorps VISTA as defined in the department’s rules 3 |
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196 | 196 | | and regulations; 4 |
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197 | 197 | | (x) Certain payments to native Americans; payments distributed per capita to, or held in 5 |
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198 | 198 | | trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. § 1261 et seq., P.L. 93-134, 6 |
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199 | 199 | | 25 U.S.C. § 1401 et seq., or P.L. 94-540; receipts distributed to members of certain Indian tribes 7 |
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200 | 200 | | which are referred to in § 5 of P.L. 94-114, 25 U.S.C. § 459d, that became effective October 17, 8 |
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201 | 201 | | 1975; 9 |
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202 | 202 | | (xi) Refund from the federal and state earned income tax credit and any federal or state 10 |
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203 | 203 | | child tax credits or rebates; 11 |
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204 | 204 | | (xii) The value of any state, local, or federal government rent or housing subsidy, provided 12 |
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205 | 205 | | that this exclusion shall not limit the reduction in benefits provided for in the payment standard 13 |
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206 | 206 | | section of this chapter; 14 |
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207 | 207 | | (xiii) The earned income of any adult family member who gains employment while an 15 |
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208 | 208 | | active RI Works household member. This income is excluded for the first six (6) months of 16 |
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209 | 209 | | employment in which the income is earned, or until the household’s total gross income exceeds 17 |
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210 | 210 | | one hundred eighty-five percent (185%) of the federal poverty level, unless the household reaches 18 |
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211 | 211 | | its sixty-month (60) time limit first; 19 |
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212 | 212 | | (xiv) Any veteran’s disability pension benefits received as a result of any disability 20 |
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213 | 213 | | sustained by the veteran while in the military service. 21 |
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214 | 214 | | (4) The receipt of a lump sum of income shall affect participants for cash assistance in 22 |
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215 | 215 | | accordance with rules and regulations promulgated by the department. 23 |
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216 | 216 | | (h) Time limit on the receipt of cash assistance. 24 |
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217 | 217 | | (1) On or after January 1, 2020, no cash assistance shall be provided, pursuant to this 25 |
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218 | 218 | | chapter, to a family or assistance unit that includes an adult member who has received cash 26 |
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219 | 219 | | assistance for a total of sixty (60) months (whether or not consecutive), to include any time 27 |
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220 | 220 | | receiving any type of cash assistance in any other state or territory of the United States of America 28 |
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221 | 221 | | as defined herein. Provided further, in no circumstances other than provided for in subsection (h)(3) 29 |
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222 | 222 | | with respect to certain minor children, shall cash assistance be provided pursuant to this chapter to 30 |
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223 | 223 | | a family or assistance unit that includes an adult member who has received cash assistance for a 31 |
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224 | 224 | | total of a lifetime limit of sixty (60) months. 32 |
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225 | 225 | | (2) Cash benefits received by a minor dependent child shall not be counted toward their 33 |
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226 | 226 | | lifetime time limit for receiving benefits under this chapter should that minor child apply for cash 34 |
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227 | 227 | | |
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228 | 228 | | |
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229 | 229 | | LC002225 - Page 7 of 12 |
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230 | 230 | | benefits as an adult. 1 |
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231 | 231 | | (3) Certain minor children not subject to time limit. This section regarding the lifetime time 2 |
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232 | 232 | | limit for the receipt of cash assistance, shall not apply only in the instances of a minor child(ren) 3 |
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233 | 233 | | living with a parent who receives SSI benefits and a minor child(ren) living with a responsible adult 4 |
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234 | 234 | | non-parent caretaker relative who is not in the cash assistance payment. 5 |
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235 | 235 | | (4) Receipt of family cash assistance in any other state or territory of the United States of 6 |
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236 | 236 | | America shall be determined by the department of human services and shall include family cash 7 |
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237 | 237 | | assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds 8 |
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238 | 238 | | [Title IV-A of the federal Social Security Act, 42 U.S.C. § 601 et seq.] and/or family cash assistance 9 |
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239 | 239 | | provided under a program similar to the Rhode Island families work and opportunity program or 10 |
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240 | 240 | | the federal TANF program. 11 |
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241 | 241 | | (5)(i) The department of human services shall mail a notice to each assistance unit when 12 |
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242 | 242 | | the assistance unit has six (6) months of cash assistance remaining and each month thereafter until 13 |
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243 | 243 | | the time limit has expired. The notice must be developed by the department of human services and 14 |
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244 | 244 | | must contain information about the lifetime time limit, the number of months the participant has 15 |
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245 | 245 | | remaining, the hardship extension policy, the availability of a post-employment-and-closure bonus; 16 |
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246 | 246 | | and any other information pertinent to a family or an assistance unit nearing the sixty-month (60) 17 |
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247 | 247 | | lifetime time limit. 18 |
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248 | 248 | | (ii) For applicants who have less than six (6) months remaining in the sixty-month (60) 19 |
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249 | 249 | | lifetime time limit because the family or assistance unit previously received cash assistance in 20 |
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250 | 250 | | Rhode Island or in another state, the department shall notify the applicant of the number of months 21 |
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251 | 251 | | remaining when the application is approved and begin the process required in subsection (h)(5)(i). 22 |
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252 | 252 | | (6) If a cash assistance recipient family was closed pursuant to Rhode Island’s Temporary 23 |
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253 | 253 | | Assistance for Needy Families Program (federal TANF described in Title IV-A of the Federal 24 |
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254 | 254 | | Social Security Act, 42 U.S.C. § 601 et seq.), formerly entitled the Rhode Island family 25 |
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255 | 255 | | independence program, more specifically under § 40-5.1-9(2)(c) [repealed], due to sanction 26 |
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256 | 256 | | because of failure to comply with the cash assistance program requirements; and that recipient 27 |
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257 | 257 | | family received sixty (60) months of cash benefits in accordance with the family independence 28 |
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258 | 258 | | program, then that recipient family is not able to receive further cash assistance for his/her family, 29 |
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259 | 259 | | under this chapter, except under hardship exceptions. 30 |
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260 | 260 | | (7) The months of state or federally funded cash assistance received by a recipient family 31 |
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261 | 261 | | since May 1, 1997, under Rhode Island’s Temporary Assistance for Needy Families Program 32 |
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262 | 262 | | (federal TANF described in Title IV-A of the Federal Social Security Act, 42 U.S.C. § 601 et seq.), 33 |
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263 | 263 | | formerly entitled the Rhode Island family independence program, shall be countable toward the 34 |
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264 | 264 | | |
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265 | 265 | | |
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266 | 266 | | LC002225 - Page 8 of 12 |
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267 | 267 | | time-limited cash assistance described in this chapter. 1 |
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268 | 268 | | (i) Time limit on the receipt of cash assistance. 2 |
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269 | 269 | | (1) No cash assistance shall be provided, pursuant to this chapter, to a family assistance 3 |
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270 | 270 | | unit in which an adult member has received cash assistance for a total of sixty (60) months (whether 4 |
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271 | 271 | | or not consecutive) to include any time receiving any type of cash assistance in any other state or 5 |
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272 | 272 | | territory of the United States as defined herein effective August 1, 2008. Provided further, that no 6 |
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273 | 273 | | cash assistance shall be provided to a family in which an adult member has received assistance for 7 |
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274 | 274 | | twenty-four (24) consecutive months unless the adult member has a rehabilitation employment plan 8 |
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275 | 275 | | as provided in § 40-5.2-12(g)(5). 9 |
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276 | 276 | | (2) Effective August 1, 2008, no cash assistance shall be provided pursuant to this chapter 10 |
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277 | 277 | | to a family in which a child has received cash assistance for a total of sixty (60) months (whether 11 |
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278 | 278 | | or not consecutive) if the parent is ineligible for assistance under this chapter pursuant to subsection 12 |
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279 | 279 | | (a)(2) to include any time they received any type of cash assistance in any other state or territory 13 |
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280 | 280 | | of the United States as defined herein. 14 |
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281 | 281 | | (j) Hardship exceptions. 15 |
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282 | 282 | | (1) The department may extend an assistance unit’s or family’s cash assistance beyond the 16 |
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283 | 283 | | time limit, by reason of hardship; provided, however, that the number of families to be exempted 17 |
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284 | 284 | | by the department with respect to their time limit under this subsection shall not exceed twenty 18 |
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285 | 285 | | percent (20%) of the average monthly number of families to which assistance is provided for under 19 |
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286 | 286 | | this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by 20 |
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287 | 287 | | federal law, any waiver granted under § 40-5.2-34, for domestic violence, shall not be counted in 21 |
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288 | 288 | | determining the twenty percent (20%) maximum under this section. 22 |
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289 | 289 | | (2) Parents who receive extensions to the time limit due to hardship must have and comply 23 |
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290 | 290 | | with employment plans designed to remove or ameliorate the conditions that warranted the 24 |
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291 | 291 | | extension. 25 |
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292 | 292 | | (k) Parents under eighteen (18) years of age. 26 |
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293 | 293 | | (1) A family consisting of a parent who is under the age of eighteen (18), and who has 27 |
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294 | 294 | | never been married, and who has a child; or a family consisting of a person under the age of eighteen 28 |
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295 | 295 | | (18) from onset of pregnancy shall be eligible for cash assistance only if the family resides in the 29 |
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296 | 296 | | home of an adult parent, legal guardian, or other adult relative. The assistance shall be provided to 30 |
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297 | 297 | | the adult parent, legal guardian, or other adult relative on behalf of the individual and child unless 31 |
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298 | 298 | | otherwise authorized by the department. 32 |
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299 | 299 | | (2) This subsection shall not apply if the minor parent or pregnant minor has no parent, 33 |
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300 | 300 | | legal guardian, or other adult relative who is living and/or whose whereabouts are unknown; or the 34 |
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301 | 301 | | |
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302 | 302 | | |
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303 | 303 | | LC002225 - Page 9 of 12 |
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304 | 304 | | department determines that the physical or emotional health or safety of the minor parent, or his or 1 |
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305 | 305 | | her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same 2 |
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306 | 306 | | residence as his or her parent, legal guardian, or other adult relative (refusal of a parent, legal 3 |
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307 | 307 | | guardian, or other adult relative to allow the minor parent or his or her child, or a pregnant minor, 4 |
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308 | 308 | | to live in his or her home shall constitute a presumption that the health or safety would be so 5 |
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309 | 309 | | jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent or 6 |
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310 | 310 | | legal guardian for a period of at least one year before either the birth of any child to a minor parent 7 |
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311 | 311 | | or the onset of the pregnant minor’s pregnancy; or there is good cause, under departmental 8 |
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312 | 312 | | regulations, for waiving the subsection; and the individual resides in a supervised supportive-living 9 |
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313 | 313 | | arrangement to the extent available. 10 |
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314 | 314 | | (3) For purposes of this section, “supervised supportive-living arrangement” means an 11 |
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315 | 315 | | arrangement that requires minor parents to enroll and make satisfactory progress in a program 12 |
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316 | 316 | | leading to a high school diploma or a general education development certificate, and requires minor 13 |
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317 | 317 | | parents to participate in the adolescent parenting program designated by the department, to the 14 |
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318 | 318 | | extent the program is available; and provides rules and regulations that ensure regular adult 15 |
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319 | 319 | | supervision. 16 |
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320 | 320 | | (l) Assignment and cooperation. As a condition of eligibility for cash and medical 17 |
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321 | 321 | | assistance under this chapter, each adult member, parent, or caretaker relative of the 18 |
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322 | 322 | | family/assistance unit must: 19 |
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323 | 323 | | (1) Assign to the state any rights to support for children within the family from any person 20 |
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324 | 324 | | that the family member has at the time the assignment is executed or may have while receiving 21 |
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325 | 325 | | assistance under this chapter; 22 |
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326 | 326 | | (2) Consent to and cooperate with the state in establishing the paternity and in establishing 23 |
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327 | 327 | | and/or enforcing child support and medical support orders for all children in the family or assistance 24 |
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328 | 328 | | unit in accordance with title 15 of the general laws, as amended, unless the parent or caretaker 25 |
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329 | 329 | | relative is found to have good cause for refusing to comply with the requirements of this subsection. 26 |
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330 | 330 | | (3) Absent good cause, as defined by the department of human services through the 27 |
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331 | 331 | | rulemaking process, for refusing to comply with the requirements of subsections (l)(1) and (l)(2), 28 |
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332 | 332 | | cash assistance to the family shall be reduced by twenty-five percent (25%) until the adult member 29 |
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333 | 333 | | of the family who has refused to comply with the requirements of this subsection consents to and 30 |
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334 | 334 | | cooperates with the state in accordance with the requirements of this subsection. 31 |
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335 | 335 | | (4) As a condition of eligibility for cash and medical assistance under this chapter, each 32 |
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336 | 336 | | adult member, parent, or caretaker relative of the family/assistance unit must consent to and 33 |
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337 | 337 | | cooperate with the state in identifying and providing information to assist the state in pursuing any 34 |
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338 | 338 | | |
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339 | 339 | | |
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340 | 340 | | LC002225 - Page 10 of 12 |
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341 | 341 | | third party who may be liable to pay for care and services under Title XIX of the Social Security 1 |
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342 | 342 | | Act, 42 U.S.C. § 1396 et seq. 2 |
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343 | 343 | | 40-5.2-11. Cash assistance. 3 |
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344 | 344 | | (a) A family or assistance unit found by the department to meet the eligibility criteria set 4 |
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345 | 345 | | forth in this chapter shall be eligible to receive cash assistance as of the date a signed, written 5 |
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346 | 346 | | application, signed under a penalty of perjury, is received by the department. 6 |
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347 | 347 | | (b) The family members or assistance unit shall be eligible for cash assistance for so long 7 |
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348 | 348 | | as they continue to meet the eligibility criteria outlined in accordance with this chapter. Parents and 8 |
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349 | 349 | | adult non-parent caretaker relatives receiving cash assistance shall be eligible so long as they meet 9 |
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350 | 350 | | the terms and conditions of the work requirements of § 40-5.2-12. An adult caretaker relative shall 10 |
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351 | 351 | | be eligible for assistance as a member of the assistance unit so long as he or she meets all the 11 |
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352 | 352 | | eligibility requirements of this chapter. 12 |
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353 | 353 | | (c) The monthly amount of cash assistance shall be equal to the payment standard for the 13 |
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354 | 354 | | family minus the countable income of the family in that month. The department is authorized to 14 |
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355 | 355 | | reduce the amount of assistance in the month of application to reflect the number of the days 15 |
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356 | 356 | | between the first day of the month and the effective date of the application. 16 |
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357 | 357 | | (d) A decision on the application for assistance shall be made or rejected by the department 17 |
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358 | 358 | | no later than thirty (30) days following the date submitted and shall be effective as of the date of 18 |
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359 | 359 | | application. 19 |
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360 | 360 | | (e) The payment standard is equal to the sum of the following: five hundred ten dollars 20 |
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361 | 361 | | ($510) (four hundred forty-five dollars ($445) for a family residing in subsidized housing) for the 21 |
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362 | 362 | | first person; one hundred ninety-one dollars ($191) for the second person; one hundred sixty-four 22 |
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363 | 363 | | dollars ($164) for the third person; and one hundred twenty-five dollars ($125) for each additional 23 |
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364 | 364 | | person. Effective July 1, 2025, the payment standard for the assistance unit shall be no less than 24 |
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365 | 365 | | fifty percent (50%) of the poverty guideline for the comparable assistance unit size as determined 25 |
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366 | 366 | | by the U.S. Department of Health and Human Services for calendar year 2025. Thereafter, the 26 |
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367 | 367 | | payment standard shall be adjusted in July of each year to be no less than fifty percent (50%) of the 27 |
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368 | 368 | | poverty guideline for the comparable assistance unit size as determined by the U.S. Department of 28 |
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369 | 369 | | Health and Human Services for that calendar year. 29 |
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370 | 370 | | 40-5.2-35. Child support pass-through. 30 |
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371 | 371 | | For any month in which a noncustodial parent makes a child support payment in the month 31 |
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372 | 372 | | when due and the support is collected by the department of human services, for a child or children 32 |
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373 | 373 | | receiving cash assistance pursuant to this chapter, the first fifty dollars ($50.00) one hundred dollars 33 |
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374 | 374 | | ($100) for one child or the first two hundred dollars ($200) for more than one child of the child 34 |
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375 | 375 | | |
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376 | 376 | | |
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377 | 377 | | LC002225 - Page 11 of 12 |
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378 | 378 | | support payment, or the actual amount of the child support payment if the payment is less than fifty 1 |
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379 | 379 | | dollars ($50.00) one hundred dollars ($100) for one child or two hundred dollars ($200) for more 2 |
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380 | 380 | | than one child, shall be paid to the family in which the child resides. If more than one noncustodial 3 |
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381 | 381 | | parent makes a child support payment to children living in the same family, there shall only be one 4 |
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382 | 382 | | payment of fifty ($50.00) one hundred dollars ($100) for one child or two hundred dollars ($200) 5 |
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383 | 383 | | for more than one child paid to the family from the child support collected. This payment is known 6 |
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384 | 384 | | as the “pass through” payment and shall be sent to the family within two (2) business days of the 7 |
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385 | 385 | | determination that the amount is due and owing and no later than within two (2) business days of 8 |
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386 | 386 | | the end of the month in which the support was collected. 9 |
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387 | 387 | | SECTION 2. This act shall take effect on July 1, 2025. 10 |
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388 | 388 | | ======== |
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389 | 389 | | LC002225 |
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390 | 390 | | ======== |
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391 | 391 | | |
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392 | 392 | | |
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393 | 393 | | LC002225 - Page 12 of 12 |
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394 | 394 | | EXPLANATION |
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395 | 395 | | BY THE LEGISLATIVE COUNCIL |
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396 | 396 | | OF |
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397 | 397 | | A N A C T |
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398 | 398 | | RELATING TO HUMAN SERVICES -- THE RHODE ISLAND WORKS PROGRAM |
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399 | 399 | | *** |
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400 | 400 | | This act would amend the Rhode Island works program to allow lawful permanent residents 1 |
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401 | 401 | | to receive benefits without a waiting period. This act would also increase the monthly cash benefit 2 |
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402 | 402 | | to fifty percent (50%) of the federal poverty level effective July 1, 2025, and would increase the 3 |
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403 | 403 | | cash support pass-through to one hundred dollars ($100) for one child and two hundred dollars 4 |
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404 | 404 | | ($200) for more than one child. 5 |
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405 | 405 | | This act would take effect on July 1, 2025. 6 |
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406 | 406 | | ======== |
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407 | 407 | | LC002225 |
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409 | 409 | | |
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