Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0802 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, Murray, Valverde, Quezada, Ujifusa, Urso, Lauria,
1717 and Lawson
1818 Date Introduced: March 14, 2025
1919 Referred To: Senate Judiciary
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. [Effective 3
2626 January 1, 2025.] 4
2727 (a) The department shall provide appropriate child care to every participant who is eligible 5
2828 for cash assistance and who requires child care in order to meet the work requirements in 6
2929 accordance with this chapter. 7
3030 (b) Low-income child care. The department shall provide child care to all other working 8
3131 families with incomes at or below two hundred sixty-one percent (261%) of the federal poverty 9
3232 level if, and to the extent, these other families require child care in order to work at paid 10
3333 employment as defined in the department’s rules and regulations. The department shall also provide 11
3434 child care to families with incomes below two hundred sixty-one percent (261%) of the federal 12
3535 poverty level if, and to the extent, these families require child care to participate on a short-term 13
3636 basis, as defined in the department’s rules and regulations, in training, apprenticeship, internship, 14
3737 on-the-job training, work experience, work immersion, or other job-readiness/job-attachment 15
3838 program sponsored or funded by the human resource investment council (governor’s workforce 16
3939 board) or state agencies that are part of the coordinated program system pursuant to § 42-102-11. 17
4040 Effective from January 1, 2021, through June 30, 2022, the department shall also provide childcare 18
4141 assistance to families with incomes below one hundred eighty percent (180%) of the federal poverty 19
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4545 level when such assistance is necessary for a member of these families to enroll or maintain 1
4646 enrollment in a Rhode Island public institution of higher education provided that eligibility to 2
4747 receive funding is capped when expenditures reach $200,000 for this provision. Effective July 1, 3
4848 2022 through December 31, 2024, the department shall also provide childcare assistance to families 4
4949 with incomes below two hundred percent (200%) of the federal poverty level when such assistance 5
5050 is necessary for a member of these families to enroll or maintain enrollment in a Rhode Island 6
5151 public institution of higher education. Effective January 1, 2025, the department shall also provide 7
5252 childcare assistance to families with incomes below two hundred sixty-one percent (261%) of the 8
5353 federal poverty level when such assistance is necessary for a member of these families to enroll or 9
5454 maintain enrollment in a Rhode Island public institution of higher education. 10
5555 (c) No family/assistance unit shall be eligible for childcare assistance under this chapter if 11
5656 the combined value of its liquid resources exceeds one million dollars ($1,000,000), which 12
5757 corresponds to the amount permitted by the federal government under the state plan and set forth 13
5858 in the administrative rulemaking process by the department. Liquid resources are defined as any 14
5959 interest(s) in property in the form of cash or other financial instruments or accounts that are readily 15
6060 convertible to cash or cash equivalents. These include, but are not limited to: cash, bank, credit 16
6161 union, or other financial institution savings, checking, and money market accounts; certificates of 17
6262 deposit or other time deposits; stocks; bonds; mutual funds; and other similar financial instruments 18
6363 or accounts. These do not include educational savings accounts, plans, or programs; retirement 19
6464 accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse. 20
6565 The department is authorized to promulgate rules and regulations to determine the ownership and 21
6666 source of the funds in the joint account. 22
6767 (d) As a condition of eligibility for childcare assistance under this chapter, the parent or 23
6868 caretaker relative of the family must consent to, and must cooperate with, the department in 24
6969 establishing paternity, and in establishing and/or enforcing child support and medical support 25
7070 orders for any children in the family receiving appropriate child care under this section in 26
7171 accordance with the applicable sections of title 15, as amended, unless the parent or caretaker 27
7272 relative is found to have good cause for refusing to comply with the requirements of this subsection. 28
7373 (e) For purposes of this section, “appropriate child care” means child care, including infant, 29
7474 toddler, preschool, nursery school, and school-age, that is provided by a person or organization 30
7575 qualified, approved, and authorized to provide the care by the state agency or agencies designated 31
7676 to make the determinations in accordance with the provisions set forth herein. 32
7777 (f)(1) Families with incomes below one hundred percent (100%) of the applicable federal 33
7878 poverty level guidelines shall be provided with free child care. Families with incomes greater than 34
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8282 one hundred percent (100%) and less than two hundred percent (200%) of the applicable federal 1
8383 poverty guideline shall be required to pay for some portion of the child care they receive, according 2
8484 to a sliding-fee scale adopted by the department in the department’s rules, not to exceed seven 3
8585 percent (7%) of income as defined in subsection (h) of this section. 4
8686 (2) Families who are receiving childcare assistance and who become ineligible for 5
8787 childcare assistance as a result of their incomes exceeding two hundred sixty-one percent (261%) 6
8888 of the applicable federal poverty guidelines shall continue to be eligible for childcare assistance 7
8989 until their incomes exceed three hundred percent (300%) of the applicable federal poverty 8
9090 guidelines. To be eligible, the families must continue to pay for some portion of the child care they 9
9191 receive, as indicated in a sliding-fee scale adopted in the department’s rules, not to exceed seven 10
9292 percent (7%) of income as defined in subsection (h) of this section, and in accordance with all other 11
9393 eligibility standards. 12
9494 (g) In determining the type of child care to be provided to a family, the department shall 13
9595 take into account the cost of available childcare options; the suitability of the type of care available 14
9696 for the child; and the parent’s preference as to the type of child care. 15
9797 (h) For purposes of this section, “income” for families receiving cash assistance under § 16
9898 40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in 17
9999 §§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and 18
100100 unearned income as determined by departmental regulations. 19
101101 (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast 20
102102 the expenditures for child care in accordance with the provisions of § 35-17-1. 21
103103 (j) In determining eligibility for childcare assistance for children of members of reserve 22
104104 components called to active duty during a time of conflict, the department shall freeze the family 23
105105 composition and the family income of the reserve component member as it was in the month prior 24
106106 to the month of leaving for active duty. This shall continue until the individual is officially 25
107107 discharged from active duty. 26
108108 (k) Effective from August 1, 2023, through July 31, 2025, the department shall provide 27
109109 funding for child care for eligible childcare educators, and childcare staff, who work at least twenty 28
110110 (20) hours a week in licensed childcare centers and licensed family childcare homes as defined in 29
111111 the department’s rules and regulations. Eligibility is limited to qualifying childcare educators and 30
112112 childcare staff with family incomes up to three hundred percent (300%) of the applicable federal 31
113113 poverty guidelines and will have no copayments. Qualifying participants may select the childcare 32
114114 center or family childcare home for their children. The department shall promulgate regulations 33
115115 necessary to implement this section, and will collect applicant and participant data to report 34
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119119 estimated demand for state-funded child care for eligible childcare educators and childcare staff. 1
120120 The report shall be due to the governor and the general assembly by November 1, 2024. 2
121121 (l) Protective services. The department shall also provide child care assistance to families 3
122122 who meet the requirements of a protective services category as defined in 45 CFR §98.20 (a)(3)(ii) 4
123123 to provide eligibility for vulnerable children, such as those receiving support through the 5
124124 department of children, youth, and families. The department shall maintain the definition of the 6
125125 protected services category in rules and regulations to align with federal requirements. 7
126126 SECTION 2. This act shall take effect upon passage. 8
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133133 EXPLANATION
134134 BY THE LEGISLATIVE COUNCIL
135135 OF
136136 A N A C T
137137 RELATING TO HUMAN SERVICES -- THE RHODE ISLAND WORKS PROGRAM
138138 ***
139139 This act would require the department of human services to provide childcare assistance to 1
140140 families, including those served through DCYF, who meet the requirements of a protective services 2
141141 category as defined in CFR 45 §98.20 (a)(3)(ii). 3
142142 This act would take effect upon passage. 4
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