218 R.I. Code R. 218-RICR-20-00-2.3

Current through November 7, 2024

Section 218-RICR-20-00-2.3 - Application Process

2.3.1Screening

A. Applications may be completed online, over the phone, or via paper. The application date is the date a signed paper, recorded telephonic signature, or the signed electronic application is received by the Department.

B. Telephonic Interviews and Telephonic Applications

1. The following process for Telephonic Interviews and Telephonic Applications will be followed for the RIW program:

a. The telephonic attestation of signature is recorded by the Department.

b. Telephonic signatures are not limited to telephonic applications and can be used to sign any application regardless of the means by which the application is completed (e.g., online, telephonically, paper).

c. Telephonic signatures shall allow a household who inadvertently submits an unsigned application to complete the application process without re-submitting the application with a written or inked signature.

(1) If a household member submits an application without a signature and a worker is able to contact the household member over the phone, the worker will write a case note within the electronic case file application that verbal attestation of the signature was given.

(2) If DHS' efforts to reach the household member are unsuccessful, the application is considered to be invalid and must be returned to the household with a letter and a self-addressed return envelope explaining that the application must be signed before the agency can establish a file date.

d. To constitute a valid telephonic signature, the agency's telephonic signature system must make an audio recording of the household's verbal assent and a summary of the information to which the household assents.

(1) The recording shall clearly indicate agreement or disagreement during the interview over the telephone.

(2) The summary of the information to which the household assents is a recording of a reiteration of the household's details agreed to during the telephone conversation.

e. A telephonic signature system shall provide linkage from the audio file of the recorded verbal assent to the application so that the agency has ready access to the household's case file.

f. The agency shall promptly provide to the household member a printed copy of the "Statement of Facts" which summarizes the information and the rights and responsibilities that was attested to through the telephone signature process, along with instructions for correcting any errors or omissions.

g. The date of the telephonic application is considered to be the date on which the household member provides verbal assent to all information provided and reviewed by both the DHS worker and the applicant or recipient.

C. Anyone may request information about the agency's assistance programs either by telephone, by mail, or in person. Authorized agency staff must furnish information to the inquiring person in accordance with the instructions in § 2.3 of this Part. All paper application packets offered to the public must include officially approved documents including application forms, informational fact sheets, program requirements and participant rights and responsibilities. A request for information may be followed by an application for cash or another form of assistance.

D. When a person expresses interest in programs that can be applied without an interview, such as Child Care Assistance, a complete mail-in application packet will be provided either directly or will be mailed immediately upon request or the person may be referred to the online application.

E. When a person expresses a desire to apply for assistance from programs requiring an interview, an interview is conducted at the earliest possible time.

F. The purpose of the formal application procedure ensures an individual's right to apply without delay for assistance.

G. It affords the person an opportunity to state her/his needs and to learn what the agency can do to help meet them. It also affords the agency an opportunity to apprise the person of her/his responsibilities in relation to the agency, both as an applicant and, if eligibility is established, as a recipient.

H. An applicant may be assisted in the application process, including completion of the application, by one (1) or more individuals of his/her choice and, when accompanied by such individual(s), may be represented by him/her/them. However, the agency requires an interview with the applicant during the application process.

2.3.2Screening Interview

A. In person or telephonic interview process will be utilized to assist in the completion of the screening interview. See §2.3.1 of this Part for further instruction.

B. When a request for information about assistance is received in the district office and, when needed, the inquiring person expresses a desire to apply for assistance, a screening and/or interview is arranged.

C. The screening interview is one of the ways that an applicant can begin the application process for Supplemental Nutrition Assistance Program (SNAP), RI Works Cash Assistance (RIW), Medical Assistance (Rite Care), Child Care Assistance Program (CCAP), General Public Assistance (GPA) and other programs, as appropriate. This interview is offered, when needed, to applicants as a service to assist them in their choice of programs and services for which they may be eligible.

D. The screening interview can begin the processing of the application. The screening worker elicits the presenting issue(s) and the non-citizen facts of the applicant's situation which prompted the applicant to seek the agency's assistance.

E. The DHS worker determines whether any crisis exists and works with the applicant to resolve it by utilizing suitable DHS and community resources.

F. During this initial contact, the Domestic Violence Notice (DHS WVR-1) is presented to each applicant. Every applicant must be informed that s/he may be excused from certain RI Works requirements under the Family Violence Option if meeting these requirements puts the applicant or her or his children at risk due to domestic violence and that s/he may also be excused from cooperating with the child support requirement if cooperation would cause risk. In addition, the applicant is informed that the Family Violence Option program can provide safety planning and support. The procedures following and applicant's claiming of the Family Violence Options is outlined in § 2.13 of this Part. The DHS WVR-1 should be signed by the applicant acknowledging that s/he understands the contents of the notice. After signing the notice form, a copy is given to the applicant.

G. If there is disclosure of neglect, risk, or abuse to children, immediate referral must be made to DCYF.

H. During this initial screening process, pages 1-2 of the application, are completed, dated, and signed to obtain the necessary identifying information. After the Application for Assistance is completed, it is dated and signed by the applicant. Pages 1-2 of the application are date-stamped to establish the official date of receipt.

I. If the applicant wishes to apply for food assistance, pages 1-2 of the application are used to screen for SNAP expedited service. If this information indicates the applicant may be eligible for expedited service, the application for assistance must be completed in full. If eligibility exists, expedited service must be afforded according to the processing standards located in Supplemental Nutrition Assistance Program Code of Rules (§1.3.9 of this Subchapter).

J. A client applying for cash assistance should also be screened for child care assistance; eligibility should be determined simultaneously with determining cash assistance eligibility, both as expediently as possible. The CCAP questions in the application should be completed during the initial screening process and the application date should be entered into the system during the interview, in conjunction with requesting in the system that a pending letter be issued that day. The client should be provided with community resources such as the contact information for the child care referral service contractor who will help identify providers. If the parent, after good faith efforts, is unable to find child care, the parent must discuss with their worker the barriers to securing such care. DHS can assist clients at intake to ensure child care is in place prior to the client's entering work activities which is a requirement of the RI Works Program.

K. If the applicant is unfamiliar with the DHS application for assistance, or is likely to require guidance in their completion, the DHS worker shows the applicant how to complete them and indicates what documentation must be provided. At the same time, the applicant is advised that, if eligibility is found to exist, financial assistance may begin from the date the prepared and signed application is date-stamped in the DHS district office, the date the application signature is recorded telephonically, or the date received online.

L. When an applicant expresses a desire to apply for the RI Works cash assistance program the DHS worker must inform the applicant that the goal of the RI Works program is to help the parent(s) find employment so that they will not need to rely on cash assistance, as well as to ensure the well-being of the children and family stability, and explains:

1. RI Works is time-limited and that assistance units can receive cash assistance under RI Works for a lifetime total of sixty (60) months. A hardship extension may be available as described in §2.6.2 of this Part. Children may receive cash assistance only while their parents receive cash assistance, unless the parent(s) receive(s) SSI or the child is in a loco parentis caretaker household and the non-parent caretaker is not in the payment. Children in SSI or loco parentis households may receive cash assistance until age eighteen (18) or until age nineteen (19) under certain circumstances as described in §2.5.2 of this Part; and,

2. As a part of the application process and a condition of RI Works eligibility the applicant must speak with an agency representative to determine financial eligibility and complete other requirements which may include further assessment, an employment plan, or an amended employment plan. There are opportunities for the parent to receive help preparing for or finding a job and the referral process to the network of community partners.

2.3.3Initial Assessment and Planning

A. DHS will conduct an initial preliminary assessment, taking into account the physical capacity, skills, education, work experience, health, safety, family responsibilities and place of residence of the individual; and the child care and supportive services required by the applicant to avail himself or herself of employment opportunities and/or work readiness programs. Unless exempt, and on the basis of such assessment or a further assessment, the Department in consultation with the applicant shall develop an individual employment plan for the family. The individual employment plan shall identify employment objectives, work activity(ies) and supportive services to be provided by the Department, taking into consideration factors identified from the assessment as detailed in §2.10.1 of this Part.

B. Unless exempt, the participant shall attend and participate in one of the employment plan activities described in §§2.11.2 (single parent family) or 2.11.3 (two-parent family) of this Part that is appropriate to the parent's skills, education, work experience, physical and mental capacity and which helps the parent move quickly toward employment leading to economic self-sufficiency and long-term attachment to the workforce.

C. An applicant/recipient temporarily exempted from the work requirements may choose to forego the exemption and engage in an employment plan activity on a voluntary basis. A parent who voluntarily participates in employment plan activities is not sanctioned if s/he stops participating.

D. If the applicant indicates a medical reason for not being able to participate in work readiness activities or work, the DHS worker gives the applicant a Medical Evaluation for Employment Form, to be completed by a medical professional. The applicant is instructed to return the medical form to DHS within thirty (30) days completed by his/her medical professional. The assigned worker may then refer the participant to the Office of Rehabilitation Services for further assessment and assistance with applying for SSI, based upon the information provided in the medical evaluation and/or to another work participation activity. The assigned worker and the applicant will revise the employment plan, as necessary, to reflect the report given in the medical form.

2.3.4Appointment

A. If the applicant decides to apply for the RI Works Program, the applicant is given either a prompt intake appointment or, if indicated, an emergency intake appointment either telephonically or in person.

1. Prompt Appointment All applicants must be scheduled for a prompt appointment, and such appointment interviews must be conducted within five (5) working days of the initial screening and/or interview. For example, if an applicant is screened on a Monday, the intake interview must be scheduled as soon as possible but no later than the following Monday.

2. Emergency Appointments

a. If an applicant indicates that s/he:

(1) Has no available income or resources, and

(2) During the current calendar month of application has not had and/or will not have income or resources in excess of the monthly RI Works Standard of Assistance for the appropriate family size, the intake appointment must be scheduled within one (1) working day of the initial interview.

b. If the applicant is unable to keep an appointment the following day, the intake appointment is scheduled for the earliest available time acceptable to the applicant.

c. For the purposes of determining an "emergency appointment", the DHS worker considers the family's income and resources including all of the applicant's income and resources and the income and resources of those persons for whom s/he is applying which would be counted in determining eligibility for cash assistance. Deemed income must also be included. Income and resources do not include the income and resources of non-legally-liable relatives and friends. Income which is anticipated in the month of application is counted only if it is reasonably expected to be received, for example, the next regular paycheck or receipt of a government benefit. If it is doubtful that income will be received in the month of application, it should not be considered for the purpose of scheduling an intake appointment.

d. An applicant who has been scheduled for a prompt intake appointment may have a change in circumstances which makes her/him eligible for an emergency intake appointment; s/he may request to be rescheduled as an emergency intake. The DHS worker reschedules the appointment for the next business day.

2.3.5Completion of Application for Assistance

A. The Application for Assistance is the basic document used in the application process through which eligibility or ineligibility for assistance is determined. The Application for Assistance may be completed and submitted either on-line, recorded telephonically, or on paper and delivered to a DHS office by mail or in person. The Application for Assistance, along with appropriate supplementary forms constitutes the complete application for assistance.

B. The application must be completed and signed under penalty of perjury by the parent or both parents or the caretaker relative (acting in loco parentis) responsible for the support and care of the child(ren) under eighteen (18), or between eighteen (18) and nineteen (19) if enrolled full-time in secondary school, full-time GED program or full-time GED equivalent. At the close of the interview and upon completion of the application, the form must be dated and signed by the applicant(s). Forms can be completed telephonically, in-person, or when available online.

C. A new interview, when needed, and new application must be completed and signed if any reapplication for assistance is made in a case that has been closed. Further, a new application including all pertinent information for a second (2nd) parent who joins the household, must be completed, reviewed with the DHS worker, and signed by both parents in person or telephonically. In an active case when a newborn is added to the assistance unit, a new application need not be completed. However, the record must reflect through an entry in the electronic case record and documentation of the birth date, application for Social Security number, and absent parent information (if applicable), for inclusion of the new member in the request for assistance. Interviews can be completed in person or telephonically.

D. In the case of a one (1) parent household that requests that a second (2nd) parent be added to the case, both parents must have an assessment appointment at the earliest possible date to assure that each parent has a completed and signed Employment Plan and that one (1) parent in the two (2) parent household is meeting the work requirements of a two (2) parent household. Interviews can be completed in person or telephonically; one parent can be present, and the other parent could be on the phone.

2.3.6Intake Interview

A. Necessary Materials and Information

1. The Intake interview is scheduled by appointment for in person or telephonic. The application is reviewed with the applicant, and the eligibility and need factors are verified through the appropriate documents supplied by the applicant. If the applicant cannot obtain the documents, DHS staff will assist in obtaining the document or information. The applicant(s) is required to read, or have read to him/her, the statements in the Rights and Responsibilities page and the Declaration of Applicant/Recipient pages of the application and sign the form in the signature block or telephonically. In addition, the application supplement, Cash Assistance Received in Other States must be completed and signed.

2. The applicant is advised that if s/he received family cash assistance in another State that those months of receipt will be counted as part of the RI Works cash assistance time limit in Rhode Island.

3. The applicant is advised that pursuant to R.I. Gen. Laws § 40-6-9, and without signing any document other than the Application for Assistance, he or she has assigned any and all rights that he or she may have for and on behalf of himself or herself and for and on behalf of a child or children to the Department of Human Services against any parent failing to provide for support and maintenance of any minor child(ren) for whom assistance is paid by DHS. Additionally, DHS through the Office of Child Support Services is authorized to act to institute suit to establish paternity and/or to collect support for said child(ren) who receives or received assistance from DHS. As a condition of eligibility for RIW, an applicant must cooperate, with establishing, modification of and enforce of a child support order(s) for each eligible child for which assistance is requested; unless good cause for refusing to do so has been determined to exist.

4. The DHS worker reviews the Notice of Requirement to Cooperate and the Right to Claim Good Cause for Refusal to Cooperate in Child Support Enforcement, with each applicant with children whose parent(s) is not in the home and obtains the applicant's signature. The Information on the Family Violence Option sheet is reviewed with the applicant. If the applicant relates that s/he wishes to claim the option or discloses abuse, the procedures the DHS worker must follow are outlined in § 2.13 of this Part.

5. At the time of application, an applicant shall make a good faith effort regarding the non-custodial parent(s) of each child for whom assistance is requested by providing all the information s/he can reasonably obtain, or attest to the lack of information, under penalty of perjury specific to:

a. Each non-custodial parent's full name and social security number; or

b. Each non-custodial parent's full name and at least two (2) of the following items:

(1) The non-custodial parent's date of birth;

(2) The non-custodial parent's address;

(3) The non-custodial parent's telephone number;

(4) The name and address of non-custodial parent's employer(s);

(5) The name and address of at least one of the parents of the non-custodial parent; and

(6) The manufacturer, model and license plate number (including State of issue) of the non-custodial parent.

c. Providing the husband's full name if the child's birth certificate provides husband's name as unknown, and the parent was married at the time of birth. If the child(ren) were born within the marriage, the husband or ex-husband is the presumptive father of the child(ren), unless and until he is specifically found NOT to be the father in a Divorce Decree.

6. The applicant is further advised that s/he must present the agency with personal identification, such as a driver's license, Social Security Number, birth certificate, or other form of identification, as detailed in EOHHS' Medicaid and Children's Health Insurance Program (CHIP) Non-Financial General Eligibility Requirements (210-RICR-10-00-3).

7. If any potential resource exists, or further verification is needed, the applicant is advised of the necessary steps s/he or the staff member must take to obtain the information. S/He is advised that the agency uses, but is not limited to, on an ongoing basis, public records, and other State agency files, such as State wage records, Employment Security Benefits (ESB) records, TDI records, State Income Tax records, Social Security Administration records, IRS records, and bank clearances to document the applicant's information.

8. However, the applicant is advised that s/he is responsible also to inform the agency of any changes in her/his situation such as address, income, employment, resources, family composition, or other factors that affect her/his eligibility and/or payment level within ten (10) days, or as otherwise directed.

9. If the application for cash assistance is necessary by reason of accident, injury, or illness for which a third (3rd) party may be liable, such applicant is informed that s/he has assigned any or all rights for amounts recoverable from a third (3rd) party equal to the amount of financial and medical assistance provided as a result of accident, injury, or illness (see § 2.9 of this Part).

10. All applicants are informed of the requirement of assignment and of their further responsibility to report a pending settlement which may occur during the receipt of assistance.

11. If such assignment is appropriate, the applicant is advised that eligibility to receive medical services shall continue to exist, although payment of medical bills shall be suspended by the Department and is not the responsibility of such applicant pending the settlement.

12. If outstanding verification exists and collateral sources of information must be used to obtain such documentation, the applicant is informed of why the information is necessary and how it will be used by the agency. If the applicant is unwilling to obtain further verification, or have the agency obtain it, the applicant may choose to withdraw application.

13. If the applicant decides s/he does not want assistance and does not complete the Application for Assistance, the applicant is requested to sign the area on the Application for Assistance confirming her/his withdrawal of the application.

B. Forms Needed at Intake Interview. The forms and materials that may be needed at the Intake Interview are:

1. Application for Assistance. The application should be completed prior to the interview if possible.

2. Supplement for Counting time in Other States

3. Request for Information on Months on Cash Assistance

4. Notice Concerning Good Cause for Refusal to Cooperate. The applicant must sign the form when a child's parent(s) is absent. The original is filed in the case record and a copy given to the applicant.

5. Domestic Violence Notice

2.3.7Review of the Application for Assistance

Eligibility for cash assistance is based on both financial and non-financial criteria. In determining eligibility, the application is reviewed and evaluated. In addition, the applicant must be assessed for education and employment history and must complete an individual employment plan before eligibility can be established.

2.3.8Completing Initial Eligibility Determination

A. All items on the application which were not verified at intake must be verified in the following contact through a source document in accordance with policies relating to resources and income (§§ 2.14 and 2.15 of this Part).

B. The DHS worker gives the applicant the opportunity to clear up any inconsistencies or to provide any additional information needed to clarify or complete the information on the application by whichever is the most appropriate method: telephone, mail, or an office or field interview. If the applicant is unable, either alone or with the help of the DHS worker, to clear up any inconsistencies or to provide any additional information needed, the worker advises the applicant that it will be necessary to use collateral sources of information. If other sources must be used to obtain such documentation, the applicant is informed of why the information is necessary and how it will be used by the agency and plans with the applicant how this is to be done.

C. Prior to authorizing eligibility for cash benefits the DHS worker must also verify that the applicant, unless exempt, has entered into an individual Employment Plan.

D. The applicant's failure to enter into and comply with an employment plan, without good cause, at any point during the thirty (30) day period during which the applicant establishes eligibility for cash, will result in an immediate denial of the application for cash assistance.

2.3.9Decision on Application

A. Applications are acted upon promptly. A decision on eligibility and payment or ineligibility must be made within thirty (30) days from the filing date. This standard is not used as a waiting period before granting assistance nor as a basis for denial of an application.

B. The applicant must be informed of the reason for any delay in a decision and her/his right to a hearing if the delay exceeds thirty (30) days.

2.3.10Notification of Eligibility

A. When the applicant is found to be ineligible or makes the decision after signing the application that s/he does not want assistance, the applicant is notified of the denial and the reasons for denial through the eligibility system. This notice informs the applicant at the same time of her/his right to appeal the decision, and the method by which the applicant can request a hearing.

B. When the applicant is found to be eligible for RI Works cash assistance, the acceptance date is the date that all factors of eligibility are met. However, it may be as early as the date the application was filed, if the applicant was eligible then, but cannot be prior to the date of application. If a monthly deficit exists for the month in which the application was filed, the initial payment is pro-rated according to the number of days of eligibility from the date of application (see §2.18.5 of this Part).

C. If the family's monthly deficit is less than ten dollars ($10.00) per month, the case is considered eligible for the RI Works program but no payment is issued (see §2.18.5 of this Part). Applicants must be informed that every month in which a cash payment is made or supportive services are accessed counts as a month towards the applicants' time limit.

D. The eligibility system issues a notice notifying the applicant of her/his eligibility.

2.3.11Referral to DCYF

If there is reason to believe that a child(ren) applying for or receiving assistance from the RI Works program is being abused or neglected, a report must be made to the DCYF Child Protective Services Hotline at 1-800 -RI-CHILD.

218 R.I. Code R. 218-RICR-20-00-2.3

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