218 R.I. Code R. 218-RICR-20-00-2.12

Current through November 7, 2024

Section 218-RICR-20-00-2.12 - Special Program Requirements

2.12.1Minor Parent and Pregnant Minor Requirements

A. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. Law 104-193 and R.I. Gen. Laws § 40-5.2-10(k), the Family Independence Act, The Rhode Island Works Program Act, require that a pregnant minor or a minor parent with a dependent child(ren) in her/his care to reside in the household of a parent, legal guardian, or adult relative with certain exceptions. In those situations, the minor must reside in an adult-supervised supported living arrangement to the extent such arrangement is available and appropriate.

B. Goal. The goal of this policy is to provide supervision and parenting skills to parents below the age of eighteen (18), while assisting, encouraging, requiring them to complete their high school education, and to provide strong support to help the minor parent meet the goals of her/his employment plan.

C. Eligibility Criterion

1. A relative for purposes of this section is defined in §2.5.3 of this Part. Such assistance will be provided to the parent, legal guardian, or adult relative on behalf of such individual unless otherwise determined by the agency representative.

2. The following shall be eligible for cash assistance only if such family resides in the home of a parent, legal guardian, or other adult relative.

a. A family consisting of a parent who:

(1) Is under the age of eighteen (18) (minor parent); and

(2) Has never been married; and

(3) Has a child; or

b. A family consisting of a woman under the age of eighteen (18) who is pregnant

D. Exceptions

1. The above requirement shall not apply if such minor parent or pregnant minor:

a. Has no parent, legal guardian, or other adult relative who is living or whose whereabouts are unknown; or

b. Whose physical or emotional health or safety (or of her/his child) is determined by the Department of Children, Youth and Families to be jeopardized if s/he was required to live in the same residence as her/his parent, legal guardian, or other adult relative. Refusal of a parent, legal guardian, or other adult relative to allow the minor parent and her/his child, or a pregnant minor, to live in her/his home shall constitute a rebuttable presumption that the minor parent's health or safety would be so jeopardized; or

c. Has lived apart from her/his own parent or legal guardian for a period of at least one (1) year before either the birth of any such minor parent's child or beginning of the pregnant minor's pregnancy; or

d. Has good cause as outlined in §2.12.1(E) of this Part, AND

e. Resides in an approved adult-supervised supportive living arrangement to the extent available. An adult-supervised supportive living arrangement is defined in §2.12.1(E) of this Part.

E. Adult-Supervised Living Arrangement

1. An adult-supervised supportive living arrangement is defined as an arrangement with an available adult who provides supervision on a routine basis as approved by a DHS agency representative. This arrangement will be found approvable or not approvable after a home study conducted by the TFD Program, which is provided to DHS staff and is filed in the minor parent's service record. Should the minor parent move after assessment is completed by the TFD Program, another referral for another home study must be made.

2. "Available adult" must not be the biological parent of the minor parent's child.

3. Such arrangement must require the minor parent:

a. To enroll and make satisfactory progress in a program leading to a high school diploma or a general education development certificate; and

b. To participate in an adolescent parenting program as established in R.I. Gen. Laws Chapter 40-19; and

c. To undergo routine adult supervision as defined in §2.12.1(E)(4) of this Part.

4. Routine Adult Supervision

a. Routine adult supervision is defined as monitoring through home visitation and reporting on the ongoing situation in which the minor parent and her/his child are living to ensure that the family of the minor parent has:

(1) Adequate and nutritional food;

(2) Shelter that is safe, clean, and provides adequate comfort and privacy;

(3) Preventive and primary health care for both the parent and the child; and

(4) A safe home environment and positive relationships between and among household members.

b. Adult supervision can be provided by alternative programs approved by the Department and TFD providers.

c. Supervision shall occur through frequent home visits scheduled according to mutually agreed-upon rules.

d. The purpose of adult supervision is to evaluate and meet the developmental and support needs of the family. Routine adult supervision should provide support and guidance in the areas of education, vocational training, and parenting skills in order to meet the goals of the parent's employment plan. Such supervision also provides guidance and information on life skills needed for self-sufficiency, including but not limited to infant care, grocery shopping, food preparation, money management, and decision-making skills.

e. If the adult supervisor becomes aware that the living arrangement puts the physical or mental health of the minor parent and/or her child in jeopardy, s/he must immediately report the situation to the Department for Children, Youth and Families (DCYF). The TFD Program in cooperation with DCYF will assist the minor parent in locating and moving to an appropriate adult-supervised living arrangement or in making the current arrangement safe and healthy.

f. If the TFD Program representative learns that the physical or mental health of the minor parent and/or her child is in jeopardy due to domestic violence, after the mandatory report to DCYF, s/he may opt to conduct the Family Violence Option Assessment alone, refer the parent to the domestic violence advocate for that assessment, or collaborate with the domestic violence advocate in the assessment process as needed, following the procedures outlined in § 2.13 of this Part.

g. If the pregnant minor or minor parent and her child leave the current adult-supervised living arrangement and further adult supervision becomes impossible, the adult supervisor must make an immediate referral to DCYF as well as notifying DHS.

h. If the pregnant minor/minor parent fails or refuses to cooperate with the adult supervisor and makes regular adult supervision impossible, the adult supervisor must report the non-cooperation to DHS.

F. Approvable Living Arrangements

1. Examples of allowable adult-supervised supported living include, but are not limited to:

a. Maternity homes;

b. DCYF-licensed foster homes;

c. Independent Living with full-time adult supervision; and

d. Other DCYF-certified arrangements.

218 R.I. Code R. 218-RICR-20-00-2.12

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