218 R.I. Code R. 218-RICR-20-00-2.11

Current through November 7, 2024

Section 218-RICR-20-00-2.11 - Work Policy and Procedures

Due to the COVID-19 virus and the national State of Emergency, the Department of Human Services has temporarily suspended the compliancy requirements within this section (§ 2.11 of this Part Work Policy and Procedures) of plan participation as a condition of eligibility. The requirement of compliance may continue based on the individual's ability to participate from home. If participation is not possible, sanctions may be imposed during the COVID-19 crisis.

2.11.1Required Participation in Work Activities and Opportunities All parents, and caretaker relatives (including those who are acting in loco parentis, if they are included in the cash assistance grant), who request and receive assistance are required to enter into an employment plan and participate, unless temporarily exempt (§2.11.2(E) of this Part), in DHS-approved activities and/or opportunities.

2.11.2One Parent Family

A. Single parents shall participate for a minimum of twenty (20) hours per week for parents whose youngest child in the home is under the age of six (6), and for a minimum of thirty (30) hours per week for parents whose youngest child in the home is six (6) years of age or older, in one (1) or more of the following work activities (as defined in §2.11.6 of this Part), as appropriate, in order to help the parent obtain stable full-time paid employment. For teen parents, the first (1st) activity must be secondary education or completion of a GED program, if either certificate has not yet been obtained.

B. Core Activities:

1. Unsubsidized employment;

2. Subsidized private sector employment;

3. Subsidized public sector employment;

4. Work experience. A parent participating in a work experience or community service program for the maximum number of hours per week allowable by the Fair Labor Standards Act (FLSA) (29 U.S.C. §§ 201 - 219 will be considered to have met their required twenty (20) core hours if actual participation falls short of the required minimum hours per week (RI has a mini-simplified Supplemental Nutrition Assistance Program waiver).

a. For parents whose youngest child is six (6) or more years old and whose required minimum hours per week are thirty (30), any hours permissible by FLSA that are short of thirty (30) hours must be satisfied in some other TANF work activity;

5. On-the-job training;

6. Job search and job readiness. Except in the context of rehabilitation employment plans, job search and job readiness activities are limited for Work Participation Rate (WPR), to no more than four (4) consecutive weeks and six (6) weeks within a twelve (12) month period; or twelve (12) weeks within a twelve (12) month period if unemployment rate is at least fifty percent (50%) greater than US total unemployment rate or the State is declared a "needy State";

7. Community Service;

8. Vocational educational training(s), participation in which may not exceed twelve (12) months if funded with TANF funds. Effective July 1st, 2022, a participant who successfully completes their first (1^st) year of education at the Community College of Rhode Island, may participate in vocational education training for an additional twelve (12) months. Participation in a two-year degree program, a vocational certificate program, or a BA degree or advanced degree program may count as vocational educational training.

9. All supervised homework plus up to one (1) hour of unsupervised homework per each hour of class time may count as meeting part of the total hours required for compliance with the RI Works employment plan. However, total homework time cannot exceed the hours required or advised in writing by the educational program;

10. Adult education in an intensive work readiness program up to thirty (30) hours per week, regardless of the age of the youngest child; and

11. Providing child care services to another participant parent who is participating in an approved community service program.

C. Non-core Activities:

1. Job skills training directly related to employment;

2. Education directly related to employment; and

3. Satisfactory attendance at a secondary school or in a course of study leading to a certificate of general equivalence (GED) if the participant is a teen parent under the age of twenty (20), who is without a high school diploma or GED.

D. Other Required Work Activities:

1. Up to ten (10) hours of activities as defined in a DCYF service plan may substitute for meeting an equivalent number of hours toward the twenty (20) hour requirement for parents with a child under age six (6), or for an equivalent number of hours toward the thirty (30) hour requirement for parents whose youngest child is age six (6) or older.

E. Temporary Exemption for Single Parents

1. Work opportunities outlined above shall not apply to a single parent if (and for so long as) the Department finds that s/he is:

a. Caring for a child below the age of one (1), provided that a parent may opt for deferral for a maximum of twelve (12) months during their sixty (60) month period of eligibility for cash assistance, but noting that a minor parent without a high school diploma or the equivalent, shall not be exempt for more than twelve (12) weeks from the birth of the child;

b. Caring for a child or family member with a significant documented disability who resides in the home and requires full-time care;

c. A recipient of SSI or RSDI/SSDI or other disability benefit that has the same standards of disability as defined by the Social Security Administration or is determined likely to be eligible for SSI or SSDI benefits by a DHS approved provider or DHS designated staff;

d. An individual receiving assistance who is a victim of domestic violence; and

e. A pregnant woman who is a recipient of assistance and who has medical documentation that she cannot work.

2.11.3Two-Parent Family Work Activities and Opportunities

A. In families consisting of two (2) parents, one (1) or both parents are required and shall be engaged in work activities as defined below, for an individual or combined total of at least thirty-five (35) hours per week during the month, not fewer than thirty (30) hours per week of which are attributable to one or more of the following listed work activities. Two (2) parent work opportunities shall be defined as follows:

1. Core Activities:

a. Unsubsidized employment;

b. Subsidized private sector employment;

c. Subsidized public sector employment;

d. Work experience;

e. On-the-job training;

f. Job search and job readiness. Except in the context of rehabilitation employment plans, job search and job readiness activities are limited for WPR, to no more than for (4) consecutive weeks and six (6) weeks within a twelve (12) month period; or twelve (12) weeks within a twelve (12) month period if unemployment rate is at least fifty percent (50%) greater than US total unemployment rate or the State is declared a "needy State" under the contingency fund provisions of Federal law;

g. Community service program;

h. Vocational educational training(s), participation in which may not exceed twelve (12) months if funded with TANF funds. However, effective July 1st, 2022, if the participant successfully completes their first (1st) year of education at the Community College of Rhode Island, they may participate in vocational education training for an additional twelve (12) months;

i. The provision of child care services to a participant individual who is participating in a community service program;

j. Adult education in an intensive work readiness program.

B. Above thirty (30) hours per week, the following three (3) activities, known as Non-Core Activities, may also count for participation:

1. Job skills training directly related to employment;

2. Education directly related to employment; and

3. Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence. Satisfactory attendance in secondary school or in a GED program is countable as a core activity in the case of a parent who is married and is under twenty (20) years old.

C. Other Required Work Activities:

1. Up to ten (10) hours of activities as defined in a DCYF service plan may substitute for meeting an equivalent number of hours toward the thirty-five (35) hour requirement.

2. Housing search, if the family is homeless (or about to become homeless), may be approved under the supportive services component. Housing search is classified as job readiness, which is a core activity.

D. In a two-parent family in which one (1) parent is engaged for at least thirty-five (35) hours per week in the work activities specified above, the other, second, parent may also participate in and have an assessment completed. The second (2nd) parent must sign the employment plan in person or telephonically.

E. A family with two-parents, whether or not receiving child care, in which one (1) or both parents participate in a work experience or community service program for the maximum number of hours per week allowable by the Fair Labor Standards Act (FLSA) (29 U.S.C. §§ 201 - 219) will be considered to have met their required thirty core hours if actual participation falls short of the required minimum hours per week (RI has a mini-simplified Supplemental Nutrition Assistance Program waiver). For families that need additional hours beyond the core activity requirement, these hours must be satisfied in some other TANF work activity.

F. Except in the instance of a work experience or community service program which must meet the requirements of the FLSA as described above, if the family receives child care assistance and an adult in the family is not a person with a disability or caring for a child with a severe disability then the individual must be participating in work activities for an average of at least fifty-five (55) hours per week to count as a two-parent family engaged in work for the month. At least fifty (50) of the fifty-five (55) hours per week must come from participation in the activities listed in the Core Activities above. Above fifty (50) hours per week, the three (3) activities listed in Non-Core Activities above may also count as participation.

2.11.4Teen Two-Parent Family Activities and Opportunities

In a two (2) parent household in which both parents are under age twenty (20), the DHS worker should assess the educational history of both parents. For either parent who has not completed high school or obtained a GED, the DHS worker should approve an employment plan for that parent (or for both parents if neither have the high school diploma or GED) that shows full time attendance in secondary education (high school) or completion of a GED program as the first (1st) activity. After this first (1st) activity, reassessment of the employment plan is indicated, and all other RI Works program opportunities will take effect for that parent. When both have either reached the age of twenty (20) or completed the first (1st) activity of education as described above, all two-parent family rules will come into full force and effect.

2.11.5Exemptions for Two-Parent Families

A. The work activities and opportunities in §2.11.3 of this Part shall not apply if (and for so long as) the Department finds that:

1. Both parents receive Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) or Retirement, Survivors and Disability Insurance (RSDI) they are likely to be eligible for SSI or SSDI benefits by a DHS approved provider or DHS designated staff; or

2. One (1) parent is caring for a child or family member with a significant documented disability who resides in the home, and who requires full time care and the other parent receives SSI/RSDI/SSDI and is medically documented to be unable to provide care for the family member with a disability; or

3. a minor parent who meets the criteria set in §2.11.3 of this Part without a high school diploma or the equivalent, who is not married, may claim an exemption of up to twelve (12) weeks from the date of birth of the child.

2.11.6Work Activities and Opportunities

A. Job Search and Intensive Employment Services

1. Job search services consist of job search guidance, workshops, job leads and monitoring conducted by contracted vendors or State staff. Intensive employment services are delivered in partnership with the Department of Labor and Training or other vendors as needed. Consisting primarily of job search, intensive employment services may include educational and vocational assessment and testing, guidance on employer expectations, resume writing, development of interviewing skills, job retention and career counseling, job development and related activities.

2. Individuals in job search or intensive employment services may devote their efforts for their required and scheduled hours in identifying and pursuing employment opportunities. Job search and intensive employment services are limited for Work Participation Rate to four (4) consecutive weeks. Individuals are required to accept employment offers for which they are qualified and which provide greater income to support their family. Part-time employment is also approvable as part of an employment plan in combination with at least one (1) other approvable activity.

B. Employment

1. The employment plans of employed applicants or recipients may contain, along with the employment component, another approvable activity, as well as child care services, as necessary. The same procedures are followed as for any other employment plan. An applicant parent is referred for intensive employment services for educational and vocational assessment and career counseling to determine if additional hours are appropriate in the same job or occupation, in an occupation for which the parent has transferable skills, or if another short-term activity, in addition to the employment, would enable the family to increase its income sufficiently to end cash assistance.

2. Parents are advised of the advanced earned income credit and any other credits and supplemental services available to maximize the family's income.

C. On-the-Job-Training

1. On-the-job training (OJT) is considered unsubsidized employment with explicit occupational skills training incorporated. The individual is paid by the employer as any other new employee would be.

2. Reimbursements are made to employers to support the extra costs incurred in providing the training and additional supervision to the participant. A contract is developed with the employer and reimbursements are generally at the rate of fifty percent (50%) of the trainee's wage. The expectation is that the individual is retained in the position after training unless the periodic evaluation of the employee's performance reveals that the expected rate of skill acquisition, productivity, quality, or codes of conduct are not being met, despite appropriate supports and interventions. On-the-job training is also available to participants through the local Workforce Investment Boards or the Office of Rehabilitation Services.

D. Work Supplementation (WSUP)

1. Variation of OJT is Work Supplementation. Work Supplementation Program (WSUP) is a form of subsidized employment that provides a partial reimbursement of wages to the employer. This program is administered by the Department of Human Services even when WSUP contracts are negotiated and completed by employees of the Department of Labor and Training or subcontractors.

2. Such a supplement shall be limited to a maximum period of six (6) months. An employer must agree to continue the employment of the participant as part of the regular work force, beyond the supplement period, if the participant demonstrates satisfactory performance.

3. In a contract with the employer, the duties, any training to be provided, wage, and duration of the subsidized position is outlined, similar to an OJT contract. A recipient receives his/her wages from the employer, however, the subsidy to the employer derives from the diversion of part of or all of the individual's cash assistance grant into a wage pool. Employers are reimbursed for part of the costs of wages they pay to the recipient. Upon completion of the subsidized employment, it is anticipated that the parent will be retained by the employer as an unsubsidized worker, unless periodic evaluation of the employee's performance reveals that the expected rate of skill acquisition, productivity, quality, or codes of conduct are not being met, despite appropriate supports and interventions.

4. A participant in WSUP must agree to receive the wages from the subsidized job, and a residual grant, if appropriate, in lieu of the regular cash assistance grant. Child care services may also be authorized. Any child support received directly from an absent parent must continue to be sent to the Department, Office of Child Support Services, while the recipient is participating in WSUP. The wages received from the subsidized job are considered earned income and earned income disregards are applied. If a participant becomes ineligible for cash assistance for any reason other than earnings from the subsidized job, the case is closed, but s/he may continue in the subsidized job for the duration of the placement.

E. Job Readiness

1. There are three (3) distinct types of Job Readiness activities.

2. Regardless of the type, the services are available through a number of State and community service agencies to which applicants and participants may be referred.

3. Job Readiness within the Context of Another Work Activity.

a. The most frequently occurring type of job readiness is that which is incidental to and provided in the context of another employment-related service, such as job search.

b. When job readiness is incorporated into other employment plan activities it is not a stand-alone activity listed on the parent's employment plan. It is focused on helping a participant learn about the work world, practice for it, and become ready to secure and retain employment. Many job search and vocational education providers incorporate some degree of job readiness instruction in their classrooms or workshops.

c. In certain instances, job readiness as defined above may be an independent activity on an employment plan. It is designed for persons who have no recent work history, or who have a poor work history, no clearly defined vocational goals, or who have limited experience with employer expectations regarding appropriate work habits. When job readiness is a stand-alone activity, it is limited to four (4) consecutive weeks or six (6) weeks total per year.

F. Job Readiness as Housing Search

1. Individuals who are identified as homeless, or about to become homeless, as defined in § 2.2 of this Part, may include housing search as an approvable activity in their employment plans.

2. Such individuals may be identified at assessment, or may present themselves during the interview or at any other time.

3. During the development or amendment of the employment plan, the individual is informed that s/he may be allowed up to ninety (90) days for the housing search activity. In a two (2) parent family, one (1) parent must comply with a thirty (30) hour per week approved employment plan, and the second (2nd) parent must sign an employment plan and conduct the housing search, unless one parent receives SSI. (See §2.11.3 of this Part)

4. The written employment plan details the activities to be undertaken by the individual and any supportive services provided by DHS.

5. When a parent and her/his family are not in a homeless shelter with a structured program, the individual must still meet employment plan activity participation (as outlined in §§2.11.2 or 2.11.3 of this Part).

6. When a parent(s) and her or his family are in a homeless shelter with a structured program and formal set of services, s/he will be required to participate fully with the shelter's program services in order to have a job readiness activity approved.

7. An intensive supervised housing search is an essential component of these programs. Individuals in these circumstances must meet RI Works employment plan activity participation (as outlined in §§2.11.2 or 2.11.3 of this Part) and are monitored by DHS vendors or the shelter. Such individuals must meet the required hours of approved Plan activities, including housing search as well as GED, ESL, Parenting Skills, Job Search, or OJT, as appropriate.

G. Job Readiness within a Rehabilitation employment plan

1. The third (3rd) type of job readiness includes rehabilitation-oriented activities such as substance abuse, physical or mental health treatments, therapies, or other services designed to lessen or remove barriers to employment. In most instances, a referral to the Office of Rehabilitation Services (ORS) for job readiness services is sufficient to create the RI Works employment plan. In some instances, private practices or other agencies may be approved for the job readiness service if they agree to DHS requirements for supervision and biweekly reporting.

2. Rehabilitation-oriented interventions shall be based upon recommendations of qualified personnel such as those authorized to complete Medical Verification forms (Doctor of Medicine (M.D.), Psychiatrist (M.D.), Psychologist (PhD), Doctor of Osteopathy (D.O.), Licensed Clinical Social Worker (LICSW), Physician's Assistant (PA), Certified Registered Nurse Practitioner (RNP), or Vocational Rehabilitation Counselors employed by the DHS Office of Rehabilitation Services or who are nationally certified rehabilitation counselors. In the context of rehabilitation employment plans, job readiness is not time-limited, but the parent must be making steady progress in his/her plan, as determined by a qualified vocational rehabilitation counselor or other qualified professional who has agreed to provide close oversight and to provide written documentation monthly to the department of the parent's progress toward physical and/or mental health and vocational readiness.

H. Work Experience

1. Federal guidance notes that Work Experience "means a work activity, performed in return for welfare that provides an individual with an opportunity to acquire the general skills, training, knowledge, and work habits necessary to obtain employment. The purpose of WEXP is to improve the employability of those who cannot find unsubsidized employment. This activity must be supervised by an employer, work site sponsor, or other responsible party daily."

2. While a participant is engaged in Work Experience, s/he continues to receive cash benefits and supportive services.

3. Participants in Work Experience may work in either for-profit or not-for-profit sites, but they are not paid by those entities. They are assumed to meet the definition of an "employee" under the Fair Labor Standards Act, and therefore, an individual cannot participate for more hours in a month than are derived by adding the family's monthly cash benefits to the monthly SNAP benefits and then dividing the sum by the State's minimum wage. Under the Federal Temporary Assistance for Needy Families (TANF) program, assistance and benefits substitute for wages but they are not considered wages for purposes of Social Security, taxation, the Earned Income Tax Credit (EITC), or an earned income tax rebate.

4. Whenever a recipient is engaged in unpaid Work Experience, a site agreement must be developed and completed with the employer or host agency. As with an OJT or Work Supplementation contract, the individual's duties, the training and supervision to be provided, and the duration of the Work Experience is outlined.

5. Candidates for unpaid Work Experience are those for whom an active job search has not resulted in competitive employment or those who have no prior work experience or who may have an employment barrier, such as very low literacy or no English language proficiency. A Work Experience of three (3) to six (6) months may provide a sufficient foundation for the individual to succeed in the competitive labor market. Job search may be undertaken in the last months of a successful Work Experience as an incidental or supplemental activity.

6. Work Study as a Variation of Work Experience

a. The Federal Work-Study Program provides funds that are earned through part-time employment to assist students in financing the costs of post-secondary education. Federal Work-Study (FWS) allocations are made to eligible institutions for the purpose of providing part-time employment to needy undergraduate and graduate students who attend participating institutions. Hourly wages must not be less than the Federal minimum wage.

b. A recipient may be engaged in work study, as a variation of a Work Experience program. This program is administered under Higher Education Act Title IV funding (34 C.F.R. § 668.1), almost exclusively, and any income earned under this program is not countable for the RI Works cash assistance program.

c. As a variation of work experience, the participant may be allowed to undertake work study associated with Vocational Educational Training/post-secondary, as described in policy § 2.11 of this Part. Pay stubs or statements of earnings, verifying hours and wages, suffice to document attendance.

I. Subsidized Employment. Subsidized employment, whether funded under the TANF Emergency Contingency Fund or TANF Block grant, is a time-limited reimbursement of one hundred percent (100%) of wages paid by the businesses or agencies that hire RI Works or eligible low-income families. The program may be administered through a collaboration among the Department of Human Services, Labor and Training, Administration and the local Workforce Boards or through the TANF contract process.

J. Community Service

1. Federal guidance describes Community Service programs as "structured programs in which recipients perform work for the direct benefit of the community under the auspices of public or nonprofit organizations." Community service programs are limited to "projects that serve a useful community purpose" and "must be designed to improve the employability of recipients not otherwise able to obtain employment."

2. Community service differs from unpaid work experience only in regard to the kind of work that is done, the possible location, and the benefit that must accrue to the community. It does not differ with regard to the benefits that should accrue to the individual, the Fair Labor Standards Act rules (29 U.S.C. § 201), the necessity for a site agreement, or the assessment of potential candidates for community service. Community service programs and placements must be overseen by an intermediary, usually a State-contracted service provider.

K. Vocational Education Training

1. Vocational education training means any training that directly prepares an individual for an occupation.

2. Vocational education training is approvable and countable for up to twelve (12) months during the sixty (60) months of an individual's lifetime limit of cash assistance in Rhode Island. It may also be approved if, the team assesses a parent as being more likely to succeed in competitive employment if first provided a short-term intensive intervention. In such instances, the training may or may not be combined with another approvable activity but it would have to be concluded in a six (6) month period or less and be deemed to be highly likely to result in full-time employment at or above one hundred fifty percent (150%) of Rhode Island's minimum wage.

3. Effective July 1st, 2022, if the participant successfully completes vocational education training in their first (1st) year of education at the Community College of Rhode Island, they may participate in vocational education training for an additional twelve (12) months.

L. Child Care for Individual Participation in Community Services. Federal guidance permits caring for the children of another TANF recipient who is engaged in a community service program to be approvable and countable as a core activity for the duration of the community service performed by the other parent. This is the only situation in which the provision of child care to another TANF recipient is considered an approvable core activity. It is expected to happen rarely for a variety of reasons, including the fact that it is an unpaid activity and that as an unpaid activity, it should serve as a training opportunity, constituting one (1) step in the individual's employment plan wherein the goal is paid employment in the child care field. The individual undertaking this activity must also start and continue to be engaged in the procedures to become a licensed childcare provider.

M. Job Skills Training Related to Employment

1. Federal guidance describes job skills training directly related to employment as "training and education for job skills required by an employer to provide an individual with the ability to obtain employment or advance or adapt to the changing demands of the workplace." It can include customized training at the worksite or general training away from the worksite when focused on occupational skill development.

2. Jobs skills training is approvable and countable if the individual is first and simultaneously engaged for a minimum average of twenty (20) hours per week (regardless of the age of the recipient's youngest child), in some other core activity, principally paid employment, unpaid work experience or community service.

N. Education Directly Related to Employment

1. Federal guidance describes education directly related to employment as "education related to a specific occupation, job or job offer", but it can include adult basic education (ABE), literacy, general educational development (GED) preparation, or English as a second language (ESL), sometimes referred to as English for speakers of other languages (ESOL), when jobs require any of these credentials or competencies.

2. Education directly related to employment is approvable and countable if the individual is first and simultaneously engaged for a minimum average of twenty (20) hours per week (regardless of the age of the recipient's youngest child), in some other core activity, principally paid employment, unpaid work experience or community service, or in some circumstances, vocational education.

O. Education Attendance for Parent Under Age twenty (20). Federal guidance notes that satisfactory attendance at a secondary school or in a GED program for parents under the age of twenty (20) "means regular attendance, in accordance with the requirements of the secondary school or course of study at a secondary school, or in a course of study leading to a certificate of general equivalence", and additionally means "good or satisfactory progress." The determination of "good or satisfactory progress" includes qualitative and quantitative measures as defined by the institution or program, such as grade point average or educational functioning level (EFL) over the course of a defined period, such as a trimester.

P. Adult Education for Intensive Work Readiness

1. Adult education, in the context of an intensive work readiness program, is also unlimited as a stand-alone, full-time activity. It is a thirty (30) hour program with multiple components combined (literacy, numeracy, job skills, work or work experience or community service) with wrap-around support services.

2. Individuals with reading test scores below the third (3rd) grade or below the sixth (6th) grade who also have very limited or no prior work experience, and individuals with very limited or no English language skills, in particular, are eligible for this type of service. The client may be referred to programs approved by DHS and the Office of Adult Education.

Q. The following comprise the activities which may be recorded in the component listing of an individual's employment plan in the eligibility system:

1. Basic Literacy Education;

2. English as a Second Language (ESL);

3. Basic Education Programs;

4. High School/High School Equivalency (GED) Programs;

5. Vocational Educational/Post-Secondary Degree Programs;

6. Skills Training;

7. Group and Individual Job Search;

8. Job Readiness;

9. Work Experience;

10. Work Supplementation Program; and

11. Employment (includes subsidized employment, unsubsidized employment and On-the-Job Training).

R. The component provider screens of the eligibility system employment activity schedule contain the provider's name and address, the activity type, the beginning and projected completion dates of the selected activity/program, and the weekly scheduled hours of the activity. The Employment Activity Referral and Response system (EARR) provides the route by which to verify the date of enrollment, to report attendance and progress, and to communicate other information such as entered employment.

2.11.7Supportive Services

A. A recipient may receive, as appropriate, allowances for transportation and/or child care services to enable the individual to participate in her or his employment plan; the service(s) is specified in the plan's supportive services section.

1. Transportation

a. RIW recipients receive monthly bus passes providing unlimited access to public transportation, in conjunction with the hours of reoperation of RIPTA bus services, for adults and children. In addition, the Department will provide an allowance for transportation costs necessary to comply with the employment plan, provided, however, that the amount of such reimbursement shall not exceed the sum of five dollars ($5.00) per day.

b. The participant must incur actual out-of-pocket expenses and must not be receiving a transportation stipend or allowance in excess of five dollars ($5.00) per day from any other source.

c. The transportation allowance of no more than five dollars ($5.00) per day from any source or combination of sources is paid directly to an individual as a reimbursement for each authorized day in which the person actually attended an approved activity.

d. If transportation costs are reimbursed in whole or in part by the RI Works program, the allowance is authorized by the appropriate agency representative and issued through the eligibility system.

e. Monthly attendance reports must be submitted by the participant or the component provider to the Business Office. After the report is data-entered, a check is remitted to the individual.

f. Reimbursement of transportation costs is contingent upon the availability of funding.

g. The transportation allowance is considered a reimbursement for training and employment readiness and is excluded as income and resources for both the RI Works and Supplemental Nutrition Assistance programs.

2. Child Care Services. Child care services are provided to individuals with approved employment plans who are participating in approved training or employment programs. Individuals are eligible for this supportive service subject to the policies outlined in the Child Care Assistance Program Rules and Regulations (Part 4 of this Subchapter).

2.11.8Progress and Attendance Requirements

A. Once the individual has begun to participate in an activity included in her/his employment plan, s/he must meet certain criteria in both progress (referred to also as successful participation) and attendance to remain in compliance with the RI Works Program.

B. Definition of Successful Participation

1. "Successfully participating" in an education or training component means that the participant in any training activity is meeting, on a periodically measured basis of less than a year, a consistent standard of progress toward completion of the education or training activity. This standard must include a qualitative measure of progress, such as a grade point average, and a quantitative measure, such as a reasonable time limit by which a student is expected to complete his/her education or training program.

2. With the exception of providers of postsecondary component activities, the agency representative will use the standard of the individual institution operating the education or training activity as its standard. Standards for participants in postsecondary activities are outlined in §2.11.6 of this part. The appropriate standard for each participant will be defined as part of her/his employment plan when it is developed.

3. The agency representative monitors attendance and successful participation through attendance reports which are delivered biweekly by the component provider through the EARR system. Each report details the days and hours attended, indicates satisfactory or unsatisfactory progress, and, if the individual has stopped attending the program, indicates the termination or completion date. The EARR attendance is used for the transportation reimbursement, noting days of attendance, dated by the provider, and is submitted to the Business Office through the EARR.

4. When a DHS representative's EARR Report contains a message indicating Unsatisfactory Progress, the representative enters a sanction into the eligibility system which is approved by the DHS worker and which triggers an adverse action notice that gives the parent ten (10) days to provide a good cause for the lack of progress. If the parent provides good cause, within that time frame, the DHS representative will lift the sanction immediately. If no good cause is provided within that time frame, the sanction will remain in effect.

C. Attendance Requirements. An individual is considered to be successfully participating relative to attendance if s/he attends the approved employment plan component activity for all scheduled hours, considering excused absence and good cause documentation.

D. Activity Closure

1. When an activity is about to end or the agency representative learns that a participant has completed or terminated an activity, the eligibility system automatically sends a notice which notifies the participant of the closed activity and of the closure of supportive services (with the exception of child care services). Each closure notice contains the effective date of the closure and the participant's appeal rights.

2. Similarly, if appropriate, a separate notice must be sent discontinuing child care to the individual containing the reason for discontinuance, the effective date, and the participant's appeal rights. A notice informing the provider of the termination of DHS payment for child care services is also generated.

2.11.9Failure to Comply with Work Activities and Opportunities

A. The cash assistance to which an otherwise eligible family/assistance unit is entitled under this chapter, shall be reduced for each month, whether or not consecutive, the first (1st) three (3) times any participant, without good cause, quit or refused employment or failed to:

1. Enter into or follow an individual employment plan;

2. Attend a required appointment; or

3. Comply with any other requirements for the receipt of cash assistance.

B. If the family's benefit has been reduced, benefits shall be restored to the full amount beginning with the initial payment made on the first (1st) of the month following the month in which the parent:

1. Enters into an individual employment plan or rehabilitation plan and demonstrates compliance with the terms thereof; or

2. Demonstrates compliance with the terms of his or her existing individual employment plan or rehabilitation plan, as such plan may be amended by agreement of the parent and the Department.

C. In the case where appropriate child care has been made available, a participant's failure, without good cause, to accept a bona fide offer of work, including full-time, part-time and/or temporary employment, or unpaid work experience or community service, shall be deemed a failure to comply with the work plan and shall result in reduction or termination of cash assistance.

D. If the family/assistance unit's benefit has been reduced for a total of three (3) months, whether or not consecutive due to the failure by one (1) or more parents to enter into an individual employment plan or failure to comply with the terms of his or her individual employment plan, or the failure to comply with the requirements of RI Works, cash assistance to the entire family shall end. The family/assistance unit may reapply for benefits, and the benefits shall be restored to the family/assistance unit in the full amount the family/assistance unit is otherwise eligible for, beginning on the first (1st) of the month following the month in which all parents in the family/assistance unit who are subject to the employment or rehabilitation plan:

1. Enter into an individual employment or rehabilitation plan as applicable, and demonstrate compliance with the terms thereof, or

2. Demonstrate compliance with the terms of the parent's individual employment or rehabilitation employment plan in effect at the time of termination of benefits, as such plan may be amended by agreement of the parent and the Department.

E. Up to ten (10) days following a notice of adverse action to reduce or terminate benefits under this subsection, the client may request the opportunity to meet with a DHS worker to identify the reasons for non-compliance, establish good cause and seek to resolve any issues that have prevented the parent from complying with the employment plan.

F. The Domestic Violence Notice must be reviewed with the participant so that s/he is informed about claiming the Family Violence Option as part of the discussion process. The procedures following an applicant's claiming of this option or disclosure of abuse are outlined in § 2.13 of this Part.

G. Participants whose cases had closed in sanction status pursuant to Rhode Island's prior Temporary Assistance for Needy Families Program, (Federal TANF described in Title IV-A of the Federal Social Security Act, 42 U.S.C. § 601et seq.), The Rhode Island Works Program, more specifically, R.I. Gen. Laws § 40-5.2-12(k), due to failure to comply with the cash assistance program requirements, but who had received less than sixty (60) months of cash assistance at the time of closure, and who reapply for cash assistance under the RI Works Program, must demonstrate full compliance, as defined by the Department in its rules and regulations, before they shall be eligible for cash assistance.

2.11.10Good Cause for Failure to Comply

A. Good Cause for failing to meet any program requirements including leaving employment, failure to fulfill documentation requirements, or for any refusal to participate requires documentation of the circumstance.

B. Any failure to engage, whether in an employment plan activity or other program requirement, or a report of unsatisfactory progress, must trigger a notice of adverse action to which the parent has ten (10) days to supply good cause documentation. Circumstances leading to determinations of good cause for failure to participate are usually short-term in duration and result from events beyond the participant's control.

C. Although the individual's reason for refusing a particular assignment may appear valid, s/he shall be required to continue to participate in the component/activity, until s/he establishes good cause or is sanctioned for providing none.

D. Documentation of good cause must be included in either the Department's or a subcontractor's case file. The electronic case record must include the reasoning used by the supervisor in the determination of good cause in the limited circumstances when documentation cannot be secured, e.g., very short-term illness not requiring a doctor's visit.

E. The following reasons, when substantiated, constitute good cause for a participant's failure or refusal to comply with her/his employment plan.

1. Child care is necessary for the parent(s) to participate in employment plan activity and the agency representative determines that such child care is unavailable. When a participant refuses without good cause to seek or accept suitable child care, precluding participation in the activity, there is a de facto refusal to comply;

2. Acceptance of a bona fide offer of employment of more than twenty (20) hours a week or in which the weekly earnings are equivalent to the State minimum wage multiplied by twenty (20) hours which, because of circumstances beyond the control of the primary wage earner, subsequently either does not materialize or results in employment of less than twenty (20) hours a week or weekly earnings of less than the Federal minimum wage multiplied by twenty (20) hours. (If such circumstance arises, the DHS representative must review the employment plan to include other approvable activities to meet the minimum required hours);

3. Temporary illness of the participant;

4. Temporary illness of another family member sufficiently serious to require the presence of the participant;

5. The individual is experiencing a family or household crisis or change in family circumstances such as the death of a spouse, parent, or child, or a housing crisis;

6. Unusual weather conditions which prevented the participant and other persons similarly situated from attending the prescribed activity;

7. Court-required appearance;

8. Incarceration; or

9. Breakdown in transportation arrangements with no readily accessible means of transportation. On the other hand, when a participant refuses without good cause to accept other available means of transportation, thereby precluding participation in work or training, there is a de facto refusal to comply.

F. The preceding list of reasons is not all-inclusive. If the participant claims some other grounds for her/his noncompliance, a conference with the supervisor is held to determine the validity of the reason, and if, in fact, it constitutes good cause. A complete record of the circumstances and the substance of the individual's refusal must be kept in the file and/or the electronic case record. A description of the supervisor's decision and the reasons for that determination must also be provided.

2.11.11Penalties for Non-Compliance with Work Activities and Opportunities

A. First Three (3) Months of Non-Compliance

1. The amount of cash assistance to which an otherwise eligible recipient family is entitled shall be reduced by the portion of the family's benefit attributable to any parent who, without good cause, has failed to enter into an individual employment plan or has failed to comply with his or her individual employment plan, as required under §§2.11.2, 2.11.3 and 2.6.4 of this Part, or other program requirements; provided that the reduction shall be applied during the first (1st) three (3) months, whether or not consecutive, of such failure or non-compliance by the parent.

2. For a family size of two (2), the benefit reduction due to noncompliance with the employment plan shall be computed utilizing a family size of three (3), in which the parent's portion equals one hundred five dollars ($105.00).

3. When a second (2nd) parent enters or returns to the household, the employment plan for the parent(s) must be revised to reflect the two-parent work plan and activities. If no employment plan exists, one must be developed unless both parents are exempt from participation, within thirty (30) days of the change in household composition. Failure of the parents to comply with the revision or development of the employment plan will result in the family being ineligible for Cash Assistance in accordance with §2.3.8 of this Part requiring an employment plan as a condition of eligibility.

B. In Excess of Three (3) Months of Non-Compliance

1. The Department shall terminate cash assistance to a family if any parent in the family has failed, without good cause, to enter into an individual employment plan, or to comply with his or her individual employment plan and has been penalized for three (3) months, whether or not consecutive.

2. The penalty becomes effective on the next payroll date after the adverse action period. The participant is notified of the penalty by an auto-generated notice through the eligibility system.

3. When a parent who has been sanctioned for three (3) months moves from one household to another, a sanction is imposed on the new household.

4. No hearing is held when a decision has already been rendered by a Hearing Officer that the recipient has, without good cause, refused to participate in an employment plan activity, to accept employment, or otherwise failed to comply with her/his plan or other program requirements.

5. However, the participant may contest the amount of the payment as it has been adversely affected by the refusal to participate, in which case the sanction period begins the next effective date if an adverse decision is rendered.

6. When an individual is penalized and subsequently becomes exempt from participation in her/his employment plan component activity, the documented exemption will result in the benefits being restored to the full amount beginning with the initial payment made on the first (1st) of the month following the date that the documentation of the exemption is received by the Department.

2.11.12Fair Hearing Requests

A. If an individual believes that the intended action is incorrect, s/he may request a hearing before the DHS Hearing Officer within thirty (30) days of the mailing of the notice of adverse action. The individual may request that benefits be continued pending the outcome of the hearing if the request is made within ten (10) days of the mailing of the notice.

B. The request is made in writing by the individual or his/her authorized representative in accordance with the policy in General Provisions, Part 10-00-1 of this Title.

C. Individuals in hardship extension who receive notice that their case will be closed for failure to comply with the employment plan without good cause may request a fair hearing within thirty (30) days of the mailing of the notice. The individual may request that benefits be continued pending the outcome of the hearing if the request is made within ten (10) days of the mailing of the notice.

2.11.13Ending Work Penalties

A. A penalty for failure or refusal to comply with the employment plan or other program requirement can be ended if the individual complies as follows:

1. Refusal to report to an employer when referred by the agency representative - reporting to this employer if work is still available or to another employer to whom the parent is referred during a job search;

2. Refusal to accept a bona fide offer of employment when referred by the agency representative - acceptance of this employment, if still available to the individual, of any other employment with earnings equivalent to the refused job, or any other employment of at least thirty (30) hours per week, with weekly earnings equal to the higher of the State or Federal minimum wage multiplied by thirty (30) hours;

3. Refusal to comply with a RI Works employment plan or other program requirement - compliance with the activity, assignment or an alternate assignment by the agency representative. In order to demonstrate that her/his failure to comply has ceased, an individual must participate in the previously assigned activity or an alternate assignment by the agency representative for two (2) consecutive weeks (and continue to participate thereafter). If the individual successfully participates during that probationary time period, the sanction will be considered to have ended as of the day s/he began to participate two (2) weeks earlier. If no such activity is available within thirty (30) days, the sanction will end on the day s/he agrees to participate.

B. If the family's benefit has been reduced in accordance with §2.11.11(A)(1) of this Part for less than three (3) months, whether or not consecutive, due to the parent's failure to enter into or comply with an individual employment plan or failure to comply with other program requirements, benefits shall be restored to the full amount beginning with the initial payment made on the first (1st) of the month following the month in which the parent (1) enters into an individual employment plan and demonstrates compliance with the terms thereof, or (2) demonstrates compliance with the terms of his or her existing individual employment plan, as such plan may be amended by agreement of the parent and the Department, or other program requirements.

C. If the family's benefit has been terminated in accordance with §2.11.11(A)(3) of this Part due to the failure by one (1) or more parents to enter into an individual employment plan or failure to comply with the terms of his or her individual employment plan, the family may re-apply for benefits and benefits shall be restored to the family in the full amount the family is otherwise entitled to under this chapter beginning on the first (1st) of the month following the month in which all parents in the family who are subject to the employment plan enter into an individual employment plan and demonstrate compliance with the terms thereof, or demonstrate compliance with the terms of his or her existing individual employment plan, as such plan may be amended by agreement of the parent and the Department, or other program requirements.

2.11.14Work Closure

When a case closes, DHS will notify the household and will evaluate their continued or new eligibility for the Child Care Assistance Program (CCAP).

218 R.I. Code R. 218-RICR-20-00-2.11

Adopted effective 1/6/2019
Amended effective 2/16/2020
Amended effective 2/27/2022
Amended effective 11/11/2022
Amended effective 8/26/2023
Amended effective 11/4/2023