Section 218-RICR-20-00-2.2 - DefinitionsA. As used in this policy, the following terms having the meanings set forth herein, unless the context in which such terms are used clearly indicates to the contrary: 1. "Adult education" means services or instruction below the postsecondary education level for individuals who are not enrolled or required to be enrolled in secondary school under State law and who lack sufficient mastery of basic educational skills to enable individuals to function effectively in society; or do not have a secondary school diploma or its equivalent level of education; or are unable to speak, read, or write the English language.2. "Applicant" means a person who has filed a written application for assistance for herself/himself and her/his dependent child(ren). An applicant may be a parent or non-parent caretaker relative.3. "Assistance" means cash and any other benefits provided pursuant to this chapter.4. "Assistance unit" means the assistance filing unit consisting of the group of persons, including the dependent child(ren), living together in a single household who must be included in the application for assistance and in the assistance payment if eligibility is established. An assistance unit may be the same as a family.5. "Benefits" means assistance received pursuant to this chapter.6. "Community service programs" means structured programs and activities in which cash assistance recipients perform work for the direct benefit of the community under the auspices of public or nonprofit organizations. Service programs are designed to improve the employability of recipients not otherwise able to obtain paid employment.7. "Department" means the Department of Human Services.8. "Dependent child" means an individual, other than an individual with respect to whom foster care maintenance payments are made, who is:a. Under the age of eighteen (18); orb. Under the age of nineteen (19) and a full-time student in a secondary school (or in the equivalent level of vocational or educational training), if before he or she attains age nineteen (19), he or she may reasonably be expected to complete the program of such secondary school (or such training). (B) Under the age of nineteen (19) and a full-time student in a secondary school (or in the equivalent level of vocational or educational training), if before he or she attains age nineteen (19), he or she may reasonably be expected to complete the program of the secondary school (or such training).9. "Director" means the Director of the Department of Human Services.10. "Domestic violence" or "individual with a history of domestic violence" means an individual who has been subjected to:a. Physical acts that resulted in, or threatened to result in, physical injury to that individual;c. Sexual activity involving a dependent child;d. Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;e. Threats of, or attempts at, physical or sexual abuse;f. Mental or emotional abuse; org. Neglect or deprivation of medical care.11. "Earned income" means income in cash or the equivalent received by a person through the receipt of wages, salary, commissions, or profit from activities in which the person is self-employed or as an employee and before any deductions for taxes.12. "Earned income tax credit" means the credit against Federal personal income tax liability under the Internal Revenue Code of 1986, 26 U.S.C. § 32, or any successor section, the advanced payment of the earned income tax credit or rebate, to an employee under the Internal Revenue Code, 26 U.S.C. § 3507, or any successor section and any refund received as a result of the earned income tax credit or rebate, as well as any refundable State earned income tax credit or rebate.13. "Earned income tax rebate" means a tax refund received from the Federal and/or State in the form of a tax credit or tax rebate.14. "Education directly related to employment" means education, in the case of a participant who has not received a high school diploma or a certificate of high school equivalency, related to a specific occupation, job, or job offer.15. "Eligible businesses under subsidized employment" means any for-profit, non-profit or public sector entity of any size wherein employee(s) pay State income tax, and wherein an employer may not create a subsidized job slot when an individual (employee) is on layoff from the same or a substantially equivalent job, and that an employer may not create a subsidized job slot when an employer has terminated an individual from employment or caused an involuntary reduction in its workforce in order to fill the vacancy with a subsidized worker.16. "Family" means: b. A child and the following eligible persons living in the same household as the child:(1) Each biological, adoptive or stepparent of the child, or in the absence of a parent, any adult relative who is responsible, in fact, for the care of such child, and(2) The child's minor siblings (whether of the whole or half-blood); provided, however, that the term "family" shall not include any person receiving benefits under Title XVI of the Social Security Act, 42 U.S.C. § 1381et seq. A family may be the same as the assistance unit.17. "Foster care" means twenty-four (24) hour substitute care for a child placed away from his/her parent(s) or guardian(s) and for whom the State child welfare agency has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, assessment and stabilization centers, residential facilities, and pre-adoptive homes.18. "Gross earnings" means income in cash (self-employed) or the equivalent received by a person through the receipt of wages, salary, commissions, or profit from activities in which the person is self-employed or as an employee and before any deductions for taxes. (See Earned Income)19. "Homelessness" means an Individual and/or family who meets one (1) of the four (4) categories below is considered homeless, as described in Pub. Law 111-22, Helping Families Save Their Homes Act of 2009, Division B., Homeless Emergency Assistance and Rapid Transition to Housing Act (HEARTH).a. Lack a fixed, regular and adequate nighttime residence. This includes an individual or family who: (1) Resides in a shelter or place not meant for human habitation, or(2) Living in a halfway house or similar institution which provides temporary residence for individuals who would otherwise be institutionalized, or(3) Living in a hotel/motel or in the residence of another individual for not more than ninety (90) days.b. Will imminently lose their primary nighttime residence as evidenced through the following: (1) Subject to a court order to vacate,(2) Lack the resources to continue staying in a hotel or a motel, or(3) Are no longer being allowed to stay by the owner or renter of housing with whom the individual or family is staying.(4) In each of these cases, the individual or family may be considered homeless up to fourteen (14) days before they are to be displaced from their current housing.c. Are an unaccompanied youth or homeless families with children and youth who are defined as homeless under other Federal statutes who do not otherwise qualify as homeless under the definition, provided that they meet the following three (3) conditions: (1) Have experienced a long-term period without living independently in permanent housing (living for the ninety-one (91) or more days immediately prior to applying for homeless assistance without a lease or ownership interest in the occupied property in the youth's or head of household's name),(2) Have experienced persistent instability as measured by frequent moves over such period (three (3) or more moves over the ninety (90) day period immediately prior to applying for homeless assistance),(3) Is expected to continue in such status for an extended period of time due to a variety of factors, including multiple barriers to employment. Multiple barriers to employment includes: Lack of a high school degree or General Education Development (GED), Illiteracy, Low English proficiency, History of incarceration, or History of unstable employment.d. Are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life threatening conditions that relate to violence against the individual or a family member that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence, and who has no other residence and lacks the resources or support networks to obtain other permanent housing. The victimized member of the household is not required to be the owner or renter of the unit.20. "Housing search" means a family experiencing or at risk of homelessness using time spent searching and applying for stable housing as an approved plan activity.21. "Individual employment plan" means a written, individualized plan for employment or work opportunities, developed jointly and signed by the applicant and Agency staff (in person or telephonically) that specifies the steps the participant shall take toward long-term economic independence. A participant must comply with the terms of the individual employment plan as a condition of eligibility in accordance with the R.I. Gen. Laws § 40-5.2-10(e).22. "Job readiness" and/or "job search" means the mandatory act of seeking or obtaining employment by the participant, or the preparation to seek or obtain employment. a. In accord with Federal requirements, job search activities must be supervised and reported to the Department of Human Services in accordance with TANF work verification requirements. DHS contract and State staff are responsible to adhere to this Federal requirement.b. Except in the context of rehabilitation employment plans, job search and job readiness activities are limited for Work Participation Rate (WPR) to four (4) consecutive weeks and six (6) weeks total within a twelve (12) month period; twelve (12) weeks within a twelve (12) month period if the unemployment rate of the State is fifty percent (50%) greater than US total unemployment rate or the State meets the definition of a needy State under the contingency fund provisions of Federal law.c. Preparation to seek employment, or job readiness, may include, but may not be limited to, the participant obtaining life skills training, homelessness services, domestic violence services, special services for families provided by Department of Children, Youth and Families, substance abuse treatment, mental health treatment, or rehabilitation activities as appropriate for those who are otherwise employable. Such services, treatment or therapy must be determined to be necessary and certified by a qualified medical or mental health professional.23. "Job skills training directly related to employment" means training or education for job skills required by an employer to provide an individual with the ability to obtain employment or to advance or adapt to the changing demands of the workplace. Job skills training directly related to employment must be supervised on an ongoing basis.24. "Legal permanent resident" means those applicants/recipients who were lawfully admitted for permanent residence (LPR) in the United States (holders of green cards). This category also includes "Amerasian immigrants" as defined under the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988 (Pub. Law 100-202 §584).25. "Low-income families" means members of low-income families with child(ren) below the age of eighteen (18), or youth between the ages of 18-20 who are members of low-income families or a pregnant woman, or a non-custodial parent of a child for whom the custodial parent is receiving public support, wherein family income is below two hundred twenty-five percent (225%) of poverty.26. "Minor parent" means a parent under the age of eighteen (18), and under the age of twenty (20) for the purpose of developing appropriate employment plan activities. All unmarried parents with children, or women who are pregnant, who are under eighteen (18), are minor parents, especially for the purposes of determining if a living arrangement is appropriate. All such pregnant women and parents must be referred to the Teen and Family Development (TFD) Program. The TFD case manager should make a referral to the Rhode Island Department of Health (RIDOH) Family Visiting Program.a. For the purposes of employment planning, any married or unmarried parent under the age of twenty (20) who has not obtained a high school diploma or GED certificate is a minor parent, for whom the first (1st) employment plan goal must be completion of high school or of a course of study leading to obtaining a general equivalency diploma. This planning also includes a mandatory referral to the TFD Program.b. If a pregnant woman or parent has completed high school or a GED program before or while age eighteen (18), for employment plan purposes that participant is an adult for employment planning and is eligible for all employment plan activities available to adults. A referral to the TFD Program is done to provide support, but compliance with the program is voluntary.c. A minor parent may be an applicant or recipient with his or her dependent child(ren) in his/her own case or a member of an assistance unit with his or her dependent child(ren) in a case established by the minor parent's parent.27. "Net income" means the total gross income of the assistance unit less allowable disregards and deductions as described in R.I. Gen. Laws § 40-5.2-10.28. "On-the-job-training" means training in the public or private sector that is given to a paid employee while he or she is engaged in productive work and that provides knowledge and skills essential to the full and adequate performance of the job. On-the-job training must be supervised by an employer, work site sponsor, or other designee of the Department of Human Services on an ongoing basis.29. "Overpayment" means a cash benefit issued to or for an assistance unit for a payment month in an amount exceeding the amount for which that unit was eligible.30. "Participant" means a person who has been found eligible for assistance in accordance with R.I. Gen. Laws Chapter 40-5.2 and who must comply with all requirements of this RI Works Program, and has entered into an individual employment plan. A participant may be a parent or non-parent caretaker relative included in the cash assistance payment.31. "Recipient" means a person who has been found eligible and receives cash assistance in accordance with this regulation.32. "Relative" means a parent, stepparent, grandparent, great grandparent, great-great grandparent, aunt, great aunt, great-great aunt, uncle, great-uncle, great-great uncle, sister, brother, stepbrother, stepsister, half-brother, half-sister, first cousin, first cousin once removed, niece, great niece, great-great niece, nephew, great nephew, or great-great nephew.33. "Resident" means a person who maintains residence by his or her continuous physical presence in the State. There is no durational residence requirement and an individual does not need to have a permanent address.34. "Self-employment income" means the total profit from a business enterprise, farming, etc., resulting from a comparison of the gross receipts with the business expenses, i.e., expenses directly related to producing the goods or services and without which the goods or services could not be produced. However, items such as depreciation, personal business and entertainment expenses, and personal transportation are not considered business expenses for the purposes of determining eligibility for cash assistance in accordance with this chapter.35. "State" means the State of Rhode Island.36. "Subsidized employment" means employment in the private or public sectors for which the employer receives a subsidy from TANF or other public funds to offset some or all of the wages and costs of employing a recipient. It includes work in which all or a portion of the wages paid to the recipient are provided to the employer either as a reimbursement for the extra costs of training or as an incentive to hire the recipient, including, but not limited to, grant diversion.37. "Subsidized housing" means housing for a family whose rent is restricted to a percentage of its income.38. "TANF emergency contingency fund" or "TANF ECF" means benefits and services authorized by the American Recovery and Reinvestment Act, and available through September 2010, to RI Works participants and low-income families.39. "Under payment" means: a. A cash payment issued to or for an assistance unit for a payment month in an amount less than the amount for which the assistance unit was eligible; orb. The failure to issue a payment for a payment month to an assistance unit eligible for such payment.40. "Unsubsidized employment" means full or part-time employment in the public or private sector that is not subsidized by TANF or any other public program.41. "Vocational educational training" means twelve (12) months of organized educational programs, or, 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. Vocational educational training programs are directly related to the preparation of participants for employment in current or emerging occupations. Vocational educational training must be supervised.42. "Work activities and opportunities" means the specific work requirements which must be defined in the individual employment plan and complied with by the participant as a condition of eligibility for the receipt of cash assistance for single and two-parent families outlined in R.I. Gen. Laws § 40-5.2-12.43. "Work experience" means a paid or unpaid work activity that provides a participant with an opportunity to acquire the general skills, training, knowledge, and work habits necessary to obtain employment. The purpose of work experience is to improve the employability of those who cannot find unsubsidized employment. An employer, work site sponsor, and/or other appropriate designee of the Department must supervise this activity.44. "Work supplementation" or "grant diversion" means the use of all or a portion of a participant's cash assistance grant and food assistance grant as a wage supplement to an employer. Such a supplement shall be limited to a maximum period of twelve (12) 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. The cash assistance case may close without affecting the validity of the employer agreement.218 R.I. Code R. 218-RICR-20-00-2.2
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