218 R.I. Code R. 218-RICR-20-00-2.5

Current through November 7, 2024

Section 218-RICR-20-00-2.5 - Non-Financial Requirements

2.5.1Non-Financial Eligibility Factors

A. In addition to meeting eligibility factors pertaining to need, a RI Works Program applicant/recipient must satisfy the following non-financial eligibility factors:

1. Age;

2. Relationship;

3. Establishment or re-establishment of the home;

4. Citizenship or qualified non-citizen status;

5. Residency;

6. Special circumstances;

7. Enumeration; and

8. Time limit.

B. Information on the application provides the basis for the establishment of these factors. Agency representatives assess the data on the application and supplies to the applicant/recipient any supplementary forms that are needed.

2.5.2Eligibility Factor of Age

A. To be eligible for cash assistance, a parent (or other caretaker relative) must have a needy child:

1. Under the age of eighteen (18); or,

2. Between eighteen (18) and nineteen (19) who meet the criteria established within this section.

B. In determining eligibility, the exact date of birth must be verified for each child to assure termination when the child no longer meets the age requirement. Cash assistance may be made eligible for the entire month in which the child's eighteenth (18^th) birthday occurs. A child between age eighteen (18) and nineteen (19) years in school and completing his/her schooling or training, as specified above, may receive a payment for the entire month in which his/her schooling or training is completed or discontinued.

C. Verification of Age

1. The birth certificate is the primary source of verification to establish age. If this is not available or obtainable, the following other documents are satisfactory verification:

a. Baptismal Certificate

b. Marriage License

c. Confirmation Papers

d. Driver's License

e. Immigration Papers

f. Military Service Papers

g. Hospital Birth Records

h. Adoption Records

i. Passport

j. RSDI Award Letter if birth date of child is included

k. Voter Registration Card

l. Family Bible

m. Affidavit of Third (3rd) Party; including by not limited to examples 1-5 below:

(1) State or Federal Census Record

(2) Life Insurance Policy

(3) School Records

(4) Physician's Records

(5) Acceptable if dated at least six (6) months prior to date of application and provided it contains evidence of age

2. The agency representative will assist the family, if needed, in obtaining the verification.

D. School Training of Children 18-19

1. A child between the ages of eighteen (18) and nineteen (19) is eligible only if s/he is a full-time student in a secondary school or in the equivalent level of vocational or technical training and reasonably expected to complete the program before or in the month of her/his nineteenth (19th) birthday. A student attending summer school full-time, as defined by school authorities, is considered a full-time student for cash assistance purposes.

2. A course of vocational or technical training not beyond the level of high school can occur in a school or training unit, or an organized training program under recognized sponsorship with a specified vocational or technical training objective.

3. Payments are made for months in which the child is not attending school or training because of official school vacation, illness, convalescence, or family emergency, and for the month in which s/he completes or discontinues her/his school or training before the nineteenth (19th) birthday.

E. Verification of Attendance

1. Verification is required to establish the fact that a child between eighteen (18) and nineteen (19) is a full-time student in high school or the equivalent level of vocational or technical training before the month of their nineteen (19th) birthday. A student attending summer school full-time, as defined by school authorities, is considered a full-time student for RI Works Program purposes.

2.5.3Eligibility Factor of Relationship

A. To be eligible for the RI Works program, a child must be living with a relative of acceptable degree of relationship in a home maintained by such relative. When the relative with whom the child lives is not the biological or adoptive parent, the term in loco parentis (in place of the parent) is used. Spouses of any of the persons in the listed groups meet the relationship requirement and continue to meet it even after the marriage is terminated by death or divorce. A child meets this eligibility factor if his/her home is with any of the following relatives:

1. Father, adoptive father, mother, adoptive mother;

2. Stepfather, stepmother (but not the parent of either);

3. Grandfather, great grandfather, great-great grandfather;

4. Grandmother, great grandmother, great-great grandmother;

5. Adoptive grandparent if the grandchild is the natural child of a parent who was adoptive, or if;

6. The grandchild is the adopted child of a parent who was the natural child of the grandparent;

7. Brother, half-brother, adoptive brother, stepbrother, sister, half-sister, adoptive sister, stepsister;

8. Uncle, great uncle, great-great uncle, aunt, great aunt, great-great aunt (including uncle or aunt of whole or half-blood);

9. Nephew, great nephew, great-great nephew, niece, great niece, great- great niece (including nephew or niece of whole or half-blood);

10. First cousin (including first cousin of whole or half-blood), first cousin once removed.

B. Verification of Relationship

1. The degree of relationship between the parent or caretaker relative and the child must be established. The following sources of evidence serve to substantiate the parent's statement of relationship.

2. For natural or adoptive parents, relationship is determined by examination of the child's birth certificate on which the parents' names are recorded. For other relatives, a combination of vital records must be reviewed in order to establish the required degree of relationship.

3. When vital records are unavailable for review, applicable court documents, insurance policies, RSDI award letters, or written statements by doctors, clergy, school authorities, or others who have previous knowledge of the relationship constitute acceptable evidence.

C. Unwed Father as Applicant

1. "Unwed natural father" means a child's biological father who was not married to the child's mother at the time of the child's birth.

2. The primary sources of verification of relationship for an unwed natural father are the child's birth certificate on which the man's name is recorded, or an adjudication of paternity by the R.I. Family Court or any court of competent jurisdiction. When paternity has been established through adjudication, a copy of the court order or decree must be retained as part of the case record. If either of these sources of verification is available, no further documentation of paternity is required.

3. When no primary source of verification is available, the agency representative explains to the applicant that the Department of Human Services, Office of Child Support Service (DHS-OCSS) will assist him in completing a voluntary acknowledgment of paternity.

4. If all other criteria are met, the case is accepted on cash assistance when the alleged father signs an affidavit voluntarily acknowledging paternity, which has been appropriately filed with the Court.

5. Continued eligibility is contingent upon the alleged father cooperating with the Department of Human Services, Office of Child Support Services and/or the R.I. Department of Health, Division of Vital Records, in establishing his paternity in accordance with applicable law. In most cases, the alleged father will be required to attend a Family Court hearing to adjudicate paternity.

6. Procedures

a. The alleged (putative) father is referred to the Office of Child Support Service, Office of Legal Counsel.

b. The Office of Legal Counsel is responsible to arrange an appointment for the client with the Paternity Unit as soon as possible.

c. The application for cash assistance is held in pending status until the agency representative is notified by OCSS that an affidavit of voluntary acknowledgment of paternity has been signed by the alleged father. Office of Legal Counsel staff notifies the agency representative of the completed action via electronic mail and forwards a copy of the signed affidavit to the local assistance office. Upon verification that the voluntary acknowledgment of paternity has been executed, the agency representative determines eligibility for cash assistance as of the filing date. An automatic referral of the absent parent is made to OCSS, by entering the absent parent information in the electronic case record and approval of eligibility. The OCSS will then act to establish and enforce a child support order.

d. It is the responsibility of the recipient to provide the agency with a copy of the child's amended birth certificate or a copy of the R.I. Family Court decree or court order when these documents become available. If a primary source of verification of relationship (amended birth certificate or court order/decree) remains unavailable by the time of the next scheduled redetermination, the eligibility staff must review the status of the OCSS case by contacting the Office of Legal Counsel.

e. In the event that the recipient has failed to cooperate with the Office of Legal Counsel in establishing his paternity, appropriate action to terminate the case is initiated. The putative father and the child(ren) would be ineligible for assistance because the child(ren) must be living with a relative of the proper degree of relationship. In the event that the recipient is cooperating, but the legal process is incomplete, notation of this status is made in the electronic case record of the eligibility system and the cash assistance case remains active, if otherwise eligible.

D. Relative of an Unwed Father as Applicant

1. When an application for cash assistance is made by a paternal relative on behalf of a dependent child, it is necessary to establish the relationship between the child and the applicant.

2. If the alleged father is available and participates in the process of voluntarily acknowledging paternity, the dependent child is accepted on cash assistance, if otherwise eligible. The relative with whom the child is living must satisfy the relationship requirements. The alleged father is not required to apply for assistance for himself, unless he is living in the child's home and therefore is compelled to do so by the assistance unit provisions.

3. When the alleged father is unavailable or unwilling to sign an affidavit of voluntary acknowledgment of paternity, a relative of the proper degree of relationship may qualify as a loco parentis through the use of other records or third (3rd) party affidavits.

4. The agency representative enters absent parent information in the eligibility system for both the mother and putative father. This results, after approval of eligibility, in an automatic referral to OCSS for the purpose of establishing the paternity of the child(ren) born out of wedlock and for establishing and enforcing child support orders with respect to both absent parents.

E. Verification by Means of an Affidavit

1. When verification of age and/or relationship is unobtainable from any other source, a third (3rd) party affidavit may be acceptable evidence, if the criteria set forth below are met.

2. An affidavit is the signed and sworn statement of a third (3rd) person based upon the third (3rd) person's personal knowledge of the facts which would indicate the probable age and relationship of the child. The facts to which attested must be consistent with the information provided on the application and must not contradict other records or evidence in the case record.

3. Preparation of the Affidavit - The agency representative determines with the applicant who is the person in the best position to attest to the facts, and the person who is readily available should be first choice.

4. The affidavit from the third (3rd) party must be notarized and must contain the following:

a. Name, address, occupation and length of time the third(3rd) party has been at the address.

b. Relationship to the applicant (e.g., friend, cousin, doctor, employer, teacher).

c. How long s/he has known the applicant.

d. The approximate age, number and sex of the child(ren).

e. Circumstances in establishing the connection with the applicant.

f. This might include statements such as: "I grew up with the applicant and his brothers and sisters. We went to school together. I know that the child(ren), (name(s)), was born on (date) and is his/her child(ren)."

5. Use of Affidavit in Establishing Eligibility

a. An affidavit of a third (3rd) person shall not be the first (1st) source of verification. The applicant together with the DHS worker must explore the availability of other sources to establish age and relationship. S/He must demonstrate good faith effort with attempts to obtain appropriate records.

b. An affidavit is acceptable verification while awaiting replies from other sources, and it may be accepted if no other record is obtainable. However, prior approval of the RIW Administrator, assistant administrator or RIW supervisor must be obtained before an affidavit can be accepted to establish eligibility.

2.5.4Establishment of Home

A. A home is the family setting maintained or in the process of being established, as evidenced by assumption, continuation, and exercise of responsibility for day-to-day care and control of the child by the relative with whom the child is living, regardless of who has legal custody. The agency representative is responsible for confirming that the child is, in fact, meeting this requirement.

B. When there is any doubt, the agency representative may verify that a child is living with the parent through school records showing the address of the child and responsibility for the child. Other sources of verification which the DHS worker might use are based on the individual situation.

C. These could include a landlord's statement; contact with a public housing authority; a child support order; a physician, clergyman's or neighbor's statement; records from the juvenile court; child welfare agencies; Head Start; a child care center; a church; and visual confirmation.

D. Temporary Absence from Home

1. A "home" exists while the parent exercises responsibility for the child even though circumstances may require the temporary absence of either the child or caretaker from the customary family setting. Examples of allowable temporary physical separations between parent and child, without compromising eligibility for cash assistance, include but are not limited to the following:

a. Hospitalization of the child or parent, when the illness is such that a return to the family can be expected and parental responsibility continues.

b. Attendance at school for the primary purpose of obtaining an education or vocational training while the parent retains full responsibility for the child.

c. The temporary removal of a child from the household through the child welfare system. Children receiving residential services (refer to the definition of foster care) through the Department of Children, Youth and Families who are active with the Reunification Support Program can be absent from the home for up to one hundred eighty (180) days (longer for purposes of TANF maintenance of effort) so long as they maintain reunification as their permanency planning goal and comply with the participation requirements for one (1) or two (2) parent family requirements regarding work activities.

d. Visiting or moving to another community and similar situations in which the child or parent is away from home for a temporary period of time.

2. Maximum Allowable temporary absences of the child from the home are limited to ninety (90) days per episode, with a second (2nd) ninety (90) day renewal authorized through supervisory approval. During allowable temporary absences, the family retains cash assistance at the level received before the absence of one (1) or multiple children.

3. Circumstances relating to the temporary absence must be noted in the electronic case record.

4. Whenever an adult family member(s) becomes aware that a minor child in his or her household has been or will be temporarily absent from the home, the adult family member(s) is responsible to report such absence of a minor child from the home by the end of the five (5) day period.

5. When circumstances vary substantially from the examples given or whenever physical separation raises a serious question of eligibility, the agency representative must refer the case situation to the RIW Administrator, assistant administrator or RIW supervisor for review and decision.

E. Separation as Bar to Eligibility

1. In determining whether a separation is allowable, the RIW Administrator, assistant administrator or RIW supervisor considers such factors as:

a. The extent to which the parent retains custodial, legal, and/or financial responsibility for the child;

b. The degree to which the parent's functioning as a provider of maintenance, physical care, or guidance is interrupted or terminated;

c. Whether the municipality in which the parent resides pays tuition to the municipality where the child attends school if the separation

d. Results from the child's attendance away at school; and

e. Frequency of contact between parent and child, when appropriate, as defined in family reunification plan with DCYF.

2.5.5Re-Establishment of Home

A. An initial payment may be made on behalf of a child who goes to live with the natural or adoptive parent (or other caretaker relative) within thirty (30) days of the receipt of the first (1st) payment, provided payments are not made for a concurrent period for the same child in the home of another relative or through Foster Care.

B. A payment may be made for the entire month in the course of which a child leaves the home of a specified relative, provided cash assistance is not paid for a concurrent period for the same child in the home of another relative or through Foster Care.

C. Temporary Arrangement in Emergencies

1. A payment to continue cash assistance may be made for a temporary period up to thirty (30) days to a non-relative acting for the parent in emergency situations. An emergency situation exists when the parent who was receiving the payment on behalf of the child is unable to continue such care because of sudden death, desertion, imprisonment, admission to a hospital for the mentally ill, or an emergency admission to any hospital. When the policy is used, referral is made immediately to child welfare services and DHS works in collaboration with sister State agencies and community partners to ensure child safety and economic and family stability, as appropriate.

2. Such payments may be made only when:

a. There is no parent or relative to assume immediate responsibility for the child; and

b. The temporary period is limited to the time necessary to make and to carry out plans for the care and support of the child. Such plans include the return and resumption of care by the parent, planning for a relative to care for the child, or during the period of transition of obtaining voluntary placement or legal commitment through the Department of Children, Youth and Families.

2.5.6Citizenship and Qualified Non-Citizen Status

A. To be eligible for cash assistance, an otherwise eligible applicant must be either a United States citizen or meet the non-citizen requirements established in Pub. Law 104-193 §402(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). This requirement to comply with PRWORA will remain in effect according to all applicable changes made to the Federal law, as that Act may hereafter be amended.

B. The Systematic Non-citizen Verification for Entitlements (SAVE) Program is the Immigration and Naturalization Service operated system for the verification of immigration status of non-citizens applying for benefits from certain federally funded entitlement programs. Applicants must declare in writing that they are U.S. citizens or nationals or that they have "satisfactory immigration status".

C. Those who are eligible include:

1. U.S. Citizen or National. This is defined in the Immigration and Nationality Act (8 U.S.C. § 1101), as any person born in any of the fifty (50) States, the District of Columbia, Puerto Rico, Guam, or the United States Virgin Islands. Nationals from American Samoa or Swain's Island are also regarded as U.S. Citizens, as are those persons who are naturalized U.S. citizens;

2. A qualified non-citizen who entered the U.S. prior to 8/22/96;

3. A qualified non-citizen who entered the country on or after 8/22/96 and is exempt from the five (5) year ban; or

4. After the five (5) year ban, a qualified non-citizen who entered the U.S. on or after 8/22/96.

5. Qualified non-citizens who are exempt from the five (5) year ban include:

a. Refugees, under 8 U.S.C. § 207 of the Immigration and Nationality Act (INA);

b. Asylees, under 8 U.S.C. § 208 of the INA;

c. Amerasian entrants as defined under Pub. Law 100-202 §584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988;

d. Cuban or Haitian entrants under Pub. Law 96-422 §501(e) of the Refugee Education Assistance Act of 1980;

e. Lawfully residing honorably discharged veterans (except one discharged for reasons of immigration status), and the un-remarried widow or widower of the veteran;

f. Non-citizens on active duty in the U.S. Armed Forces, their lawfully residing spouses and unmarried dependent children;

g. Battered victims with a petition pending under 8 U.S.C. §§ 204(a)(1)(A) or (B) or 244(a)(3) of the INA; or

h. Victims of human trafficking in accordance with Pub. Law 106-386 § 107 (b) of the Victims of Trafficking and Violence Protection Act of 2000; or

i. Withholding of deportation/removal; or

j. Granted parole by the US Department of Homeland Security for a period of at least one (1) year.

6. Qualified non-citizens who entered the U.S. on/after August 22, 1996, who are subject to the five (5) year ban include:

a. Lawful permanent residents (LPR);

b. Parolees for at least one (1) year under 8 U.S.C. § 212(d)(5) of the INA;

c. Conditional entrants under §203(a)(7) of immigration law in effect before April 1, 1980; or Certain American Indians born outside the U.S.

d. A person who is not a United States citizen and does not meet the non-citizen requirements established in PRWORA, as amended, is not eligible for cash assistance. Those individuals who are ineligible include undocumented immigrants and temporary visitors.

2.5.7Residency

A. The RI Works program exists to meet the needs of the residents of the State.

Therefore, as a factor of eligibility, an individual who is applying or reapplying for benefits or services from Rhode Island must be a resident of the State.

B. See General Provisions, Part 10-00-1 of this Title for further discussion of residency.

2.5.8Special Circumstances Related to Eligibility

A. There are special factors involved in the determination of eligibility for families with children receiving SSI, families consisting of pregnant women, minor parents, and individuals with a history of domestic violence. These factors and their respective requirements are as follows:

1. Parent with Child Receiving SSI

a. The presence of an SSI child is taken into account for purposes of qualifying a parent(s) or other caretaker relative for cash assistance and there is no other child in the home who can qualify the parent(s). In these situations, only the needs of the eligible parent(s) or other caretaker relative are included in the cash assistance payment based on their own income and resources.

b. The income and resources of the child are already counted in determining the SSI payment and therefore cannot be included in determining the cash assistance payment. If any income or resource of the parent is deemed to the SSI child, see §§ 2.14 and 2.15 of this Part.

2. Eligibility of a Pregnant Woman

a. A pregnant woman with no other child(ren) can qualify for cash assistance:

(1) When the pregnancy is medically verified.

(2) Verification of the month of expected date of delivery is required. Acceptable documentation includes a signed statement from the woman's physician or a pregnancy test report from a Hospital or other acceptable provider; and,

(3) If she would be eligible for the RI Works program if the child had been born and was living with her in the month of payment.

b. Payment for a pregnant woman (with no other child) is computed as a plan size of one (1) as the unborn is not considered in the payment. In addition, when there is no eligible child in the home (the unborn not being considered an eligible child), the expectant father in the home is not eligible for inclusion in the cash payment.

c. A pregnant woman can be eligible for Medicaid from date of pregnancy if she meets other Medicaid criteria.

3. Minor Parents. In order to qualify for a cash assistance payment, a pregnant minor or a minor parent (minor is defined as under age eighteen (18) with a dependent child(ren) in her/his care) must reside in the household of a parent, legal guardian, or adult relative with certain exceptions. In the latter situations, the minor must reside in a supervised supported living arrangement to the extent such arrangement is available and appropriate. See § 2.12 of this Part for further discussion.

4. Domestic Violence Situations

a. The Department will screen and identify individuals with a history of domestic violence applying for or receiving assistance while maintaining the confidentiality of such individuals. The Department will refer such individuals to counseling and appropriate services.

b. The Department will waive, pursuant to a determination of good cause and for so long as necessary, cash assistance program requirements relating to time limit for individuals receiving assistance, residency requirements, child support cooperation requirements, and work requirements in cases where compliance with such requirements would make it more difficult for individuals receiving assistance from the RI Works Program to escape domestic violence or unfairly penalize such individuals who are or have been at risk of further domestic violence.

c. See § 2.13 of this Part for procedures relating to the domestic violence waiver process.

2.5.9Enumeration

A. As a condition of eligibility for assistance, applicants for and recipients of the cash assistance program must furnish the Department with their social security numbers and the social security number of each person for whom they are requesting assistance. A Social Security number must be obtained upon the birth of a child.

B. The applicant or recipient must be notified that the furnishing of the SSN is a condition of eligibility and that the number will be utilized only in the administration of the RI Works program.

C. Inability to Furnish SSN

1. If the applicant or recipient is unable to furnish a Social Security number because one has not been issued, or is lost or not known, such person is required to apply for a Social Security Number Card at the appropriate Social Security Administration office.

2. Applicants or recipients who have complied with the above and who are otherwise eligible are accepted for a payment pending the issuance or verification of their Social Security number. Refusal to comply with these requirements will result in ineligibility of each person for whom the number is not obtained.

D. Applicant Not Seeking Benefits for Self

An individual who is applying for benefits for family members and is not seeking benefits for him/herself is not required to provide or apply for a Social Security Number if he/she does not have one and is not eligible to obtain one.

218 R.I. Code R. 218-RICR-20-00-2.5

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