218-RICR — Department of Human Services

Chapter 10 General Provisions

Subchapter 00

218-RICR-10-00-1 General Provisions

218-RICR-10-00-1 § 1.1 Scope and Purpose of the Agency

The Rhode Island Department of Human Services (DHS), through Federal/State programs established by the Social Security Act of 1935 (42 U.S.C. Chapter 7), as amended, the Vocational Rehabilitation Act of 1973 (29 U.S.C. § 701), as amended, and through State programs established by R.I. Gen. Laws Chapter 40-6, as amended, is the department authorized by law and designation to administer programs to Rhode Island residents who are in need and who meet the eligibility requirements of various financial, medical, social, and rehabilitation services.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/29/2025
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 09/01/2021
• Technical Revision — effective from 2018-08-12 to 01/04/2022
• Adoption — effective from 2018-08-12 to 08/12/2018

218-RICR-10-00-1 § 1.2 Definitions

"Affordable Care Coverage" or "ACC" means affordable Medicaid coverage for low-income individuals who are otherwise ineligible for Medicaid and not eligible for or enrolled in Medicare.

"Agency" means the Department of Human Services (DHS), including any board, commission or officer of the department.

"Agency error" means that an individual or household unintentionally received increased or decreased benefits caused by incorrect actions (including delayed or no action) by the Department of Human Services staff or department processes.

"Child Care Assistance Program" or "CCAP" means a state agency program for low-income working families to access affordable, high-quality early care and afterschool programs.

"Department of Behavioral Healthcare, Development Disabilities and Hospitals" or "BHDDH" means the state agency that is responsible for planning, funding and overseeing a community system of services and supports for adults with behavioral health disabilities and/or developmental disabilities.

"Department of Children, Youth and Families" or "DCYF" means the State agency which is responsible for the safety, protection and well-being of children through a family and child-centered wrap-around model of care. DCYF partners with families and communities to raise safe and healthy children and youth in a caring environment.

"Department of Human Services" or "DHS" means the State agency that provides a full continuum of services for families, adults, children, elders, individuals with disabilities and veterans.

"Division of Elderly Affairs" or "DEA" means the State agency that provides care and support for the State's elderly population and their families.

"Elders and Adults with Disabilities" "EAD" means the Medicaid IHCC group established by R.I. Gen. Laws Chapter 40-8.5 for adults with a SSI characteristic related to age (elders sixty-five (65) years of age or older) or disability.

"Executive Office of Health and Human Services" or "EOHHS" means the State agency that is designated under the Medicaid State Plan as the Single State Agency responsible for the administration of the Title XIX Medicaid Program.

"Department of Health" or "DOH" means the State agency that addresses the social and environmental determinants of health, eliminates the disparities of health and promotes health equity. It also ensures access to quality health services for the citizens of Rhode Island.

"Federal data hub" means the database of the United States population built by the U.S. Internal Revenue Service (IRS) and Health and Human Services (HHS) used to facilitate determinations for coverage, including Medicaid, under the Affordable Care Act of 2010 (42 U.S.C. § 18001 et seq.).

"Fraud" means an applicant or recipient who knowingly provides false information or fails to disclose pertinent information affecting eligibility of benefits to the Department of Human Services (DHS) for purposes of procuring payment or services under any assistance program administered by the DHS.

"Fraud unit" means the Fraud Detection and Prevention Unit, Office of Internal Audits, and/or the Department of Administration.

"General Public Assistance Program" or "GPA" means a State program for adults age eighteen (18) and over who have very limited income and resources and have an illness or medical condition that keeps them from working. This program also applies to adults who apply for Supplemental Security Income (SSI) but are not yet determined eligible, and may receive GPA benefits while their disability determination review occurs.

"General Public Assistance – Hardship Program" means a type of cash assistance State program that must be requested by an individual who is pending SSI and GPA Bridge program. This program consists of a bi-monthly payment to the recipient which is reviewed on a monthly basis.

"HealthSource RI" or "HSRI" means the State-based health insurance marketplace (also referred to as a benefit exchange) established in conjunction with implementation of the Federal Affordable Care Act (42 U.S.C. § 18001 et seq.).

"Household error" means an error or unintentional omission in the information submitted by the household that may have affected program benefits.

"Integrated Health Care Coverage Group" or "IHCC" means any Medicaid coverage group consisting of adults who are eligible upon receipt of Supplemental Security Income (SSI), SSI protected status, the SSI income methodology and a related characteristic (age or disability), or a result of participation in another Federal or State program.

"Intentional program violations" means an individual or household that committed any act that constitutes a violation of the Supplemental Nutrition Assistance Program (SNAP), SNAP regulations, or any State statute for the purpose of using, presenting, transferring, acquiring, receiving, possessing or trafficking of SNAP benefits or EBT cards. This may also consist of having intentionally made a false or misleading statement, or misrepresented, concealed or withheld facts from the Department of Human Services.

"Katie Beckett" or "KB" means a Medicaid program to provide health insurance coverage to children under age nineteen (19) who are living at home but have complex health needs that typically require the care provided in a health facility.

"Long Term Social Services" or "LTSS" means program services to individuals that may need long term care. The Department of Human Services provides publicly funded long-term services and supports to meet the needs of individuals with chronic illnesses or disabilities.

"Medical Assistance Program” also known as “Medicaid" or "MA" means a Federal and State funded program that pays for medical and health related services for eligible applicants/recipients.

"Medicare Premium Payment Program" or "MPPP" means the program that assists individuals over age sixty-five (65) and individuals with disabilities pay all or some of the costs of Medicare Part A and Part B premiums, deductibles and co-payments.

"Office of Child Support Services" or "OCSS" means the State agency that provides services such as; establishing paternity of children, establishing court orders for financial and medical support, modifies, changes and enforces support orders.

"Office of Rehabilitation Services" or "ORS" means the State agency that provides a wide variety of services to individuals with disabilities.

"Office of Veterans Affairs" or "VA" means the State agency that provides social services and information of all programs and benefits to veterans and their dependents. It is also responsible for the administration of the Veteran's Home, the Rhode Island Veteran's Cemetery, grave registration program and the Historical Cemeteries Program.

"Overpayment" means the program benefits were received in excess of the eligible benefit amount.

"Provider error" means that an institution unintentionally received increased benefits caused by incorrect actions (including delayed or no action) by the Department of Human Services staff or department processes.

"RI Bridges" means Rhode Island's health and human services eligibility and enrollment system. It is also known as the Unified Health Infrastructure Project (UHIP).

"Rhode Island Works Program" or "RIW" means the agency program offers temporary cash assistance, child care assistance and assistance in finding employment or job training to needy families.

"Social Services" or "SS" means the Federal and State program authorized under Title XX of the Social Security Act (42 U.S.C. § 1397) to meet the social service needs of individuals and families who are receiving RIW or SSI and other individuals and families whose income is less than the established standard.

"Supplemental Nutrition Assistance Program" or "SNAP" means the State-administered Federal program that helps individuals and families buy food.

"Supplemental Security Income" or "SSI" means a Federal income program designed to help aged, blind and disabled individuals who have little or no income and few resources. The program provides cash to meet basic needs for food, clothing and shelter.

"State Supplemental Payment Program" or "SSP" means a State program that augments SSI in the form of cash assistance.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/29/2025
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 09/01/2021
• Technical Revision — effective from 2018-08-12 to 01/04/2022
• Adoption — effective from 2018-08-12 to 08/12/2018

218-RICR-10-00-1 § 1.3 Eligibility

A.The Department of Human Services (DHS) matches various databases, including those provided through the Federal Data Hub to verify eligibility for, and the amount of, benefits due to a household or individual for Medicaid (MA), the Rhode Island Works Program (RIW), General Public Assistance (GPA), Child Care Assistance Program (CCAP) and the Supplemental Nutrition Assistance Program (SNAP) through the state's electronic eligibility system, known as RIBridges. The RIBridges system compares benefit information and other data with the DHS applicant or recipient by social security number (SSN) for purposes of identifying unreported information. The process of matching databases is considered an interface; an interface match occurs when an applicant's or recipient's SSN exists in both databases.

B.The current interfaces utilized by the DHS are as follows:

1.New Hires Interface – provides information from the State Directory of New Hires about individuals who have been newly hired and their place of employment. Individuals' SSNs on the New Hire file are matched against the state's electronic eligibility system.

2.IRS Match Summary – provides information about unearned income, specifically, interest and dividend income. Information provided by the IRS interface includes the amount of interest and/or dividends received for each account for a specific tax year.

3.Unemployment Insurance (UI) Interface – matches applicants or recipients in the DHS assistance programs to the Unemployment Insurance active claimants through the Rhode Island Department of Labor and Training (DLT). The files are processed against the state's electronic eligibility system database to determine whether the correct UI amount is reflected in the case with a matched SSN of an applicant or recipient or case member in the DHS whose income and/or resources is used in eligibility determination.

4.Temporary Disability Insurance (TDI) Interface – matches applicants or recipients in the DHS assistance programs to the Unemployment Insurance active claimants through the Rhode Island Department of Labor and Training (DLT). The files are processed against the state's electronic eligibility system database to determine whether the correct TDI amount is reflected in the case with a matched SSN of an applicant or recipient or case member in the DHS whose income and/or resources is used in eligibility determination.

5.Prisoner Inquiry Interface – provides information about the Rhode Island Department of Corrections (DOC) and the Social Security Administration (SSA) concerning prison inmates. The DOC and the SSA send files to the DHS of individuals' SSNs whose incarceration has been reported for comparison of applicants and recipients of all the DHS assistance programs.

6.Beneficiary Data Exchange Interface (Bendex) – provides information from the Social Security Administration about an individual's Social Security and Medicare benefits.

7.Public Assistance Reporting Information System (PARIS) Inquiry – an interface that provides information about benefits active individuals may be receiving from other States.

8.DCYF Interface – provides information for transitioning cases between the Department of Human Services (DHS) and the Department of Children, Youth and Families (DCYF) for family members that are placed into Foster Care by the DCYF and for those family members who are returned to the household via reunification.

9.State Data Exchange (SDX) Individual Inquiry Interface – provides information of Supplemental Security Income (SSI) payments for an individual from the Social Security Administration.

10.40 Quarters Information Interface – provides information for a Legal Permanent Resident (LPR) who can be credited with forty (40) qualifying quarters of work under the Social Security System (credits may be earned individually, in combination with a spouse and in some circumstances a parent), may be eligible for benefits without having to meet the five (5) year bar.

11.Electronic Disqualified Recipient System (EDRS) Inquiry – an interface that accesses the most up-to-date comprehensive data on disqualified applicants or recipients receiving Supplemental Nutrition Assistance Program (SNAP) benefits.

12.The Systematic Alien Verification for Entitlements Program (SAVE) interface – provides a fast, secure and efficient verification service for Federal, State and local benefit-granting agencies to verify an applicant's immigration status or naturalization/derived citizenship. SAVE is administered by the Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security. The SAVE Program enables agencies to obtain immigration status information to determine a non-citizen applicant's eligibility for benefits.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/29/2025
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 09/01/2021
• Technical Revision — effective from 2018-08-12 to 01/04/2022
• Adoption — effective from 2018-08-12 to 08/12/2018

218-RICR-10-00-1 § 1.4 Confidentiality Requirements

A.The use and disclosure of information concerning applicants and recipients will be limited to purposes directly connected with the following:

1.The administration of the program. Such purpose includes; establishing eligibility, determining the amount of assistance, and providing services for applicants and recipients.

2.Any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of the program.

3.The administration of any other Federal or State assisted program which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need. The disclosure to any committee or legislative body (Federal, State or Local) of any information that identifies, by name and address, any applicant or recipient is prohibited.

4.All information, such as Federal Tax Information, shall remain confidential.

1.4.1Types of Information to be Safeguarded

A.The types of information to be safeguarded include the following as well as any information which, at the discretion of the State agency Director, is deemed necessary for proper administration of the program:

1.Name and address of applicant or recipient;

2.Information related to the social and economic conditions or circumstances of an individual;

3.Agency evaluation of information about an individual;

4.Medical data, including diagnosis and history of disease or disability concerning an individual;

5.Any other material defined in law as confidential matter;

6.Internal memos of the agency.

B.General information, not identified with any particular individual, such as total expenditures made, numbers of recipients, and other statistical information and social data contained in general studies, reports or surveys would not fall within the class of material to be safeguarded. In the use of case material for research or training, it is necessary to effectively disguise the identity of the applicant or recipient, his/her family and/or his/her situation.

1.4.2Maintaining Confidentiality

A.It is the applicant's or recipient's right and expectation that all information requested about him/her and his/her situation shall be respected and safeguarded by the state agency and all its personnel. The applicant or recipient is made aware of his/her right to confidentiality in the application process and in other contacts with the State agency.

B.The applicants' or recipient's right to privacy shall be protected during the interview. There shall be no conversation on the information to be safeguarded within or without state or local offices except as is necessary for purposes of administrating the program. All paper records and electronic files shall be properly stored and shall only be available to the staff responsible for the administration and supervision of the program.

1.4.3Release of Information

A.The release or use of information concerning an applicant or recipient applying for or receiving assistance or services is restricted to other agencies whose representatives are subject to standards of confidentiality which are comparable to those of the State agency administering the assistance and service programs.

B.DHS shall obtain permission from an applicant or recipient or their family, whenever possible, before responding to a request for information from an outside source, unless the information is to be used to verify program eligibility.

C.In the event of the issuance of a subpoena for the case record or for any DHS representative to testify concerning an applicant or recipient, the request shall be transmitted to DHS legal department. The Court will be advised by a DHS attorney of these Rules and Regulations against disclosure of information. The same policy applies to requests for information from a governmental authority, the courts, a law enforcement official, or the media.

D.DHS exchanges information with other entities to verify the income and eligibility of applicants and recipients. Information made available by DHS is only to the extent necessary to assist in the valid administrative needs of the program receiving the information.

1.4.4Disclosure of Tax Data

A.26 U.S.C. § 7213(a) of the Internal Revenue Code prohibits disclosure of any return or return information. Violations of this statue shall be a felony punishable by a fine in any amount not exceeding five thousand dollars ($5,000.00), or imprisonment of not more than five (5) years, or both, together with the costs of prosecution.

B.26 U.S.C. § 7431 of the Internal Revenue Code provides that any person who knowingly, or due to negligence, discloses any return or return information with respect to a taxpayer, is subject to civil action for damages in a District Court of the United States.

C.26 U.S.C. § 6103(I) of the Internal Revenue Code does not allow for disclosure of tax data by the State except when such disclosure is for the purposes of, and to the extent necessary in, determining eligibility for, or the correct amount of benefits under an appropriate public assistance program. The taxpayer does not have the authority to authorize the Department of Human Services to disclose tax data in his/her file.

1.4.5Access to Public Information

A.DHS recognizes both the public's right to access public records and the individual's right to dignity and privacy. It is the DHS policy to facilitate public access to all public records that may be disclosed in accordance with R.I. Gen. Laws Chapter 38-2. It is the policy of the DHS to ensure all public records under its jurisdiction are available for public inspection and reproduction consistent with all applicable State and/or Federal laws, unless otherwise prohibited by a court of competent jurisdiction.

B.The Executive Office of Health and Human Services (EOHHS) has established regulations to set forth the specific rules to access public records maintained by the Department of Human Services. (Please refer to 210-RICR-10-05-4, Access to Public Records.)

1.4.6Penalties and Sanctions

R.I. Gen. Laws § 40-6-12 states that any person violating any of the provisions of these rules and regulations shall be deemed guilty of a misdemeanor, and shall be fined not more than two hundred dollars ($200.00) or shall be imprisoned for not more than six (6) months, or both. Other provisions of law cited herein may contain additional penalties and sanctions for violations of confidentiality and/or privacy.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/29/2025
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 09/01/2021
• Technical Revision — effective from 2018-08-12 to 01/04/2022
• Adoption — effective from 2018-08-12 to 08/12/2018

218-RICR-10-00-1 § 1.5 Residency Requirements

The financial and Social Services Programs of the Department of Human Services (DHS) exist primarily to meet the needs of 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. Any person living in the State voluntarily with the intent of making the State his/her home, for whatever reason, is a resident of the State.

1.5.1Verification of Residency

A.At the time of initial application, self-attestation of Rhode Island residency is accepted and/or verified electronically and the intent to remain is accepted unless required for the evaluation of resources or income that has been earned by the applicant in another State. In addition, electronic data matches verified through information exchanges are conducted on a regular basis in conjunction with the post-eligibility verification process.

B.Current acceptable forms of residency document verifications are, but not limited to, the following:

1.Rent receipt;

2.Lease agreement;

3.Utility bills;

4.Medical bills;

5.Bank statements;

6.Payroll statement;

7.Mortgage statement;

8.Car registration;

9.City or town tax statement; and/or

10.School records.

1.5.2Denial of Eligibility on Basis of Residence

A.Eligibility based on residency may not be denied due to the following:

1.A person has not lived in the State of a specified period;

2.An individual in an institution, who satisfies the rules set forth in § 210-RICR-40-05-1.9.3(A)(2), did not establish residence in the State before entering the institution;

3.A person is temporarily absent from the State if the person intends to return when the purpose of the absence has been accomplished, unless another State has determined that the person is a resident there.

B.Residence is retained until abandoned. Temporary absence from the State, with subsequent returns to the State, or intent to return when the purposes of the absence have been accomplished, does not interrupt the continuity of residence.

1.5.3Absence of a Recipient

A.A recipient who leaves Rhode Island with the intent to reside in another State is considered to have abandoned residence and is not eligible to continue to receive assistance from Rhode Island. He/She is advised of his/her right to apply for assistance in the State to which he/she is moving. Assistance is not continued beyond the final benefit distribution of the month in which he/she leaves.

B.A recipient receiving a benefit who leaves Rhode Island and who has intent to return and maintains his/her residence here, is notified by receiving a notice that assistance will be discontinued for the next effective benefit distribution, unless he/she has notified DHS that he/she has returned to the State prior to that discontinuance. Any interim benefit distribution may be forwarded unless the recipient notifies the agency that he/she has been accepted in another State. However, any benefit distribution beyond the next effective benefit month cannot be forwarded.

1.5.4Interstate-Agreements on Residency

There may be written agreements between States setting rules and procedures for resolving cases of disputed residence. However, there can be no criteria which would result in the loss of residence in both States and a procedure to provide Medicaid pending resolution of the dispute must be included.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/29/2025
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 09/01/2021
• Technical Revision — effective from 2018-08-12 to 01/04/2022
• Adoption — effective from 2018-08-12 to 08/12/2018

218-RICR-10-00-1 § 1.6 Fraud Unit Referrals

A.When a complaint of possible fraud is received which concerns a recipient of the Rhode Island Works Program (RIW) cash assistance, General Public Assistance (GPA), Child Care Assistance Program (CCAP), Supplemental Nutrition Assistance Program (SNAP), Medicaid Assistance (MA), or an allegation of fraud by a provider, the agency representative obtains all information regarding the complaint.

B.An agency representative who notes a recipient or household exhibits an indication of questionable eligibility shall refer the case to the fraud detection unit.

1.6.1Responsibilities of the Fraud Detection and Prevention Unit

A.Under the direction of the Office of Internal Audits, the fraud unit shall analyze data to determine the risk of fraud.

B.If a referral is regarding an allegation of medical provider fraud, the fraud unit shall refer such claim to the Program Integrity Division within the Office of Health and Human Services or the Office of the Attorney General.

C.If a claim warrants further investigation, the case shall be reviewed in accordance with the investigative procedures established by the Office of Internal Audits.

D.Upon completion of the investigation, the fraud unit shall determine whether an overpayment has occurred. If an overpayment is determined, such claim shall be classified as fraud, agency error or household error.

E.If such claim is determined to be fraud, the fraud unit shall pursue administrative penalties set forth by the Federal and State Regulations. At its discretion the fraud unit may refer any case that is determined to be of a criminal nature to the Rhode Island State Police or the Office of the Attorney General.

F.A recipient has the right to an administrative disqualification hearing. If such recipient waives the hearing and chooses to sign the waiver agreement, the waiver shall be returned to the fraud unit within ten (10) days.

G.All overpayments shall be referred to the DHS's Collection, Claims and Recoveries Unit (CCRU) for collections.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/29/2025
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 09/01/2021
• Technical Revision — effective from 2018-08-12 to 01/04/2022
• Adoption — effective from 2018-08-12 to 08/12/2018

218-RICR-10-00-1 § 1.7 Complaints and Appeals Process

A.Expressions of dissatisfaction may arise in the administration of DHS programs. The agency provides a method for receiving:

1.Complaints from certain applicants/recipients or their designated representatives questioning the application of policy with respect to such applicants/recipients;

2.Appeals by an applicant/recipient or his/her designated representatives concerning:

a.A decision or delay in a decision rendered by an agency representative;

b.How agency services have been delivered; and/or,

c.Some aspect of the financial, medical, social services, or food assistance programs.

3.Requests for a hearing by an individual claimant or a group, relating to more general issues of agency policy and/or the adequacy of agency standards.

B.The agency has interpreters available for individuals needing such services.

1.7.1The Complaint Process

A.Complaints received from an applicant/recipient or his/her designated representative, either in the field or at Central Office, are referred to the appropriate agency representative for review.

B.If the complaint involves a question of eligibility or need, or relates to social services:

1.The complaint is referred to the appropriate agency representative;

2.The agency representative has the responsibility to contact the individual to discuss with him/her the details of the complaint.

C.When the issue cannot be resolved by the agency representative, the claimant is informed of his/her right to:

1.Discuss the issue with the agency representative;

2.Have an adjustment conference;

3.Request a hearing.

D.If the complaint relates to Child Support Services:

1.The complaint is referred by the agency representative to the appropriate child support agency representative.

2.The child support agency representative contacts the individual to discuss the complaint.

E.If further information/documentation is required concerning the situation from alternate sources, the claimant may obtain the necessary information or may request the agency representative to obtain this information.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/29/2025
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 09/01/2021
• Technical Revision — effective from 2018-08-12 to 01/04/2022
• Adoption — effective from 2018-08-12 to 08/12/2018

218-RICR-10-00-1 § 1.8 Civil Rights Compliance

The Rhode Island Department of Human Services (DHS) is committed to the impartial and equitable treatment of all individuals in the administration of all its programs and in the provision of its services.

1.8.1Nondiscrimination Notice

A.The nondiscrimination notice, which is posted in all the DHS offices, reflects the state agency's recognition of its responsibility to ensure that services are rendered to residents of the State of Rhode Island in compliance with all applicable Federal and State laws. This notice is also available in tape-recorded format in English, Spanish, Portuguese, Cambodian, Laotian and Russian.

B.In accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), Section 501 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.). Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), the Food Stamp Act, and the Age Discrimination Act of 1975, the U.S. Department of Health and Human Services implementing regulations (45 C.F.R. Parts 80 and 84), the U.S. Department of Education implementing regulations (34 C.F.R. Parts 104 and 106), and the U.S. Department of Agriculture, Food and Nutrition Services (7 C.F.R. § 272.6), the Rhode Island Department of Human Services (DHS), does not discriminate on the basis of race, color, national origin, disability, political beliefs, or sex in acceptance for or provision of services, employment or treatment, in its educational and other programs and activities. Under other provisions of applicable law, DHS does not discriminate on the basis of sexual orientation.

1.For further information about these laws, Regulations and the DHS' discrimination complaint procedures for resolution of complaints of discrimination, contact the DHS at R.I. Department of Human Services, 25 Howard Avenue, Bldg. #57, Cranston, RI 02920, telephone number (401) 462-2971; TDD (401) 462-6239.

C.The Community Relations Liaison Officer is the coordinator for implementation of Title VI; the Office of Rehabilitation Services (ORS) Administrator or his/her designee is the coordinator for implementation of Title IX, Section 504, and ADA. The Director of DHS or his/her designee has the overall responsibility for the DHS' civil rights compliance.

D.Inquiries concerning the application of Title IX and 34 C.F.R. Part 106 to DHS may also be made directly to the Assistant Secretary for Civil Rights, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202 or the Office for Civil Rights, U.S. Department of Education, 8th Floor, 5 Post Office Square, Boston, MA 02109-3921.

E.The U.S. Department of Agriculture prohibits discrimination against its customers, employees, and applicants for employment on the basis of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation or all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department (Not all prohibited bases will apply to all programs and/or employment activities).

1.For an individual requesting to file a complaint of discrimination, the individual shall complete the USDA Program Discrimination Complaint Form, found online at , or at any USDA office, or call (866) 632-9992 to request the form.

2.An individual may also write a letter containing all the information requested in the form. The completed complaint form or letter should be mailed to the U.S. Department of Agriculture, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at: [email protected]. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339, or (800) 845-6136 (Spanish).

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/29/2025
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 09/01/2021
• Technical Revision — effective from 2018-08-12 to 01/04/2022
• Adoption — effective from 2018-08-12 to 08/12/2018

218-RICR-10-00-1 § 1.9 Access to Interpreter Services

A.Persons with Limited English Proficiency

1.Inability to speak English may impede communication and create a barrier to prompt determination of eligibility and the provision of agency services. The Department of Human Services displays interpretation policies in all its offices in English, Spanish, Portuguese, Cambodian, Laotian, and Russian.

2.If an individual is applying for or receiving benefits and is not fluent in English, the individual does not have to bring their own interpreter to a Department of Human Services office. DHS shall schedule interpreters or bilingual staff when necessary to communicate with the individual, unless, after being informed of his/her right to interpreter services, the individual expresses a clear preference to bring his/her own interpreter. DHS shall schedule an interpreter or bilingual staff member to help the individual read English language notices, letters, or other written information from DHS.

3.If the individual is having difficulties obtaining interpreter or bilingual staff services at a DHS office, the individual may contact the Limited English Proficiency (LEP) Coordinator at the R.I. Department of Human Services, 25 Howard Avenue, Bldg. #57, Cranston, RI 02920, (401)462-2971.

4.Whenever it is determined by the State agency representative that an individual cannot make his/her needs known in English, the individual shall be afforded the assistance of an interpreter who can fluently and accurately communicate in the needed language.

B.Services for the Hearing Impaired

1.Inability to hear and/or communicate through the spoken word may impede communication and create a barrier to prompt determination of eligibility and the provision of agency services. Whenever it is determined by the State agency representative that an individual cannot make his/her needs known, the individual shall be afforded the assistance of a sign-language interpreter. Individuals providing their own interpreters will not be remunerated.

2.Relay Rhode Island Service relays conversations between people who use text telephones (TTY’s) and people who use standard voice telephones. This service is available by calling (401) 222-5300, or videophone (401) 354-7630 or fax (401) 222-5736.

3.Any unusual circumstances not addressed above should be referred to the State agency representative for alternate arrangements.

C.Services for the Blind or Visually Impaired

1.Inability to see or have a visual impairment may impede communication and create a barrier to prompt determination of eligibility and the provision of agency services. Whenever it is determined by the State agency representative that an individual cannot make his/her needs known, the individual shall be afforded assistance from the Office of Rehabilitation Services.

2.Rhode Island Services for the Blind and Visually Impaired provide individuals the opportunities and support that will enable individuals to become active, independent and self-sustaining members of the community. This service is available by calling (401) 222-2300, fax (401) 222-1328.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/29/2025
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 09/01/2021
• Technical Revision — effective from 2018-08-12 to 01/04/2022
• Adoption — effective from 2018-08-12 to 08/12/2018

218-RICR-10-00-1 § 1.10 Voter Registration

A.The National Voter Registration Act of 1993 requires that applications to register to vote be provided at state agencies that determine public assistance benefits, including, but not limited to, the Rhode Island Works Program (RIW), Medicaid (MA), and the Supplemental Nutrition Assistance Program (SNAP) as well as state agencies providing services to persons with disabilities. These agencies must:

1.Distribute voter registration forms or the Voter Information Sheet with each application, recertification or renewal of benefits, or change of address form,

2.Aid assistance in completing forms; and

3.Ensure that the completed forms reach the proper state election office for processing.

C.These services are to be provided by every office where such programs are administered.

D.Individuals to be registered are applicants/recipients meeting all the following criteria at application for benefits, at recertification, or if reporting a change of address. The individual must:

1.Be eighteen (18) years old or over; and

2.Meet the requirement of citizenship; and

3.Be present in the office at the time of the interview or when a change of address is reported; and

4.Not be registered to vote at her/his current address.

E.Completion of the Voter Registration form is only an application to register to vote. The State Board of Elections makes the determination of approval or denial of the application and sends its own confirmation or denial notice to the applicant. (Please refer to 410-RICR-20-00-19, Voter Registration).

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/29/2025
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 09/01/2021
• Technical Revision — effective from 2018-08-12 to 01/04/2022
• Adoption — effective from 2018-08-12 to 08/12/2018

218-RICR-10-00-1 § 1.11 Severability

If any provision in any section of this Rule of the application thereof to any person or circumstances is held invalid, its invalidity does not affect other provisions or applications of the Rule which can be given effect without the invalid provision or application, and to this end the provisions of this Rule are declared to be severable.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/29/2025
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 09/01/2021
• Technical Revision — effective from 2018-08-12 to 01/04/2022
• Adoption — effective from 2018-08-12 to 08/12/2018

Chapter 20 Individual and Family Support Programs

Subchapter 00

218-RICR-20-00-1 Supplemental Nutrition Assistance Program

218-RICR-20-00-1 § 218-RICR-20-00-1 218-RICR-20-00-1

SUBCHAPTER 00 – N/A

PART 1 – SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

Table of Contents

1.1General Information

1.1.1Authority

1.1.2Uses for SNAP Benefits

1.1.3Non-discrimination

1.1.4Complaints not Relating to Discrimination

1.1.5Equal Access to Justice

1.1.6Personnel Standards

1.1.7Disclosure of Information

1.1.8Household Access to its Case Record

1.2Household Definitions

1.2.1Household Definitions

1.2.2Special Household Definition

1.2.3Elderly/Disabled Households

1.2.4Non-Household Members

1.2.5Ineligible Household Members

1.2.6Boarders

1.2.7Head of Household

1.2.8Residents of Institutions

1.2.9Pre-Release Program Residents

1.2.10Strikers

1.2.11Authorized Representatives

1.3Application Process

1.3.1Introduction

1.3.2Filing an Application

1.3.3Withdrawing an Application

1.3.4Interview requirements

1.3.5Household Failure to Cooperate

1.3.6Providing Notices of Eligibility/Ineligibility

1.3.7Denying an Application Prior to the 30th Day

1.3.8Delayed Eligibility Determinations

1.3.9Expedited Service

1.4Non-Financial Requirements

1.4.1Residency

1.4.2Citizenship and Eligible Non-Citizen Status

1.4.3Drug Addicts/Alcoholics in Treatment Program

1.4.4Household with a Member on Strike

1.4.5Migrant Farm Laborers

1.4.6School Employees

1.4.7Residents of Group Home Living Arrangements

1.4.8Shelters for Battered Persons and Children

1.4.9Homeless SNAP Residents

1.4.10Pre-Release Applicants

1.4.11Elderly or Disabled Household Members

1.4.12Social Security Number (SSN) Requirements

1.4.13Student Eligibility Requirements

1.5Financial Requirements

1.5.1Categorical Eligibility

1.5.2Income

1.5.3Excluded Income

1.5.4Households with Income from Self-Employment

1.5.5Resources

1.5.6Special Situations

1.5.7Deductions and Expenses

1.5.8Deeming

1.5.9Treating Lost Income Due to Non-Compliance

1.6Verification

1.6.1Verification Introduction

1.6.2Verification of Questionable Income

1.6.3Sources for Verification

1.6.4Verification of Reported Changes

1.6.5Verification at Recertification

1.6.6Verification after Non-Cooperation with Quality Control

1.6.7Non-Financial Verification

1.6.8Financial Verification

1.7Recertification

1.7.1Recertifications for SSI Households

1.8Certification Periods

1.8.1Certification Periods for Public Assistance (PA) Households

1.9Intentional Program Violations

1.10Mini-Simplified SNAP

1.11Work Requirements

1.11.1Exemptions from Work Requirements

1.11.2Work Registrant Requirements

1.11.3Employment and Training Activities

1.11.4Support Services

1.11.5Failure to Comply with a Work Requirement

1.11.6Suitable Work

1.11.7Ending a Disqualification

1.11.8Voluntary Quit

1.11.9Able Bodies Adults without Dependents (ABAWDs)

1.12Quality Control Sanctions

1.13Ongoing Case Management

1.13.1Changes

1.13.2Interim Reporting

1.14Notices

1.15Determining Household Eligibility and Benefit Levels

1.16Electronic Benefit Transfer (EBT)

1.17Summer Electronic Benefit Transfer (Summer EBT)

1.18Benefit Over Issuances and Claims

1.18.1Collection of Claims

1.18.2Delinquent Claims

1.18.3Compromising Claims

1.18.4Terminating and Writing Off Claims

1.18.5Offsetting Claim Prior to Restoring Benefits

1.19Benefit Underpayments

1.20SNAP Assistance in Disasters (D-SNAP)

1.21SNAP Assistance During a Declared Pandemic (P-SNAP)

1.22Replacement of Food Caused by Disaster of Household Misfortune

1.23Fair Hearings

1.24Elderly Simplified Application Project (ESAP)

1.24.1 Authority

1.24.2 Eligible Households

1.24.3 ESAP Application Process

1.24.4 Interview Requirements

1.24.5 Verification

1.24.6 Certification Period and Recertification

1.24.7 Reporting Requirements

1.24.8 Conversion of Households

1.24.9 Notice of Expiration/Renewal Form

‎

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.1 General Information

1.1.1Authority

A.All regulations and procedures for the certification of Supplemental Nutrition Assistance Program (SNAP) households and subsequent issuance of SNAP benefits to eligible households are authorized by the Food and Nutrition Act of 2008 (as amended through Pub. Law 118-5).

1.Regulations issued pursuant to the act are contained in 7 C.F.R. Parts 271 through 282.

2.Program operations are conducted in Rhode Island under the terms of R.I. Gen. Laws Chapter 40-6.

1.1.2Uses for SNAP Benefits

A.SNAP benefits are designed for use by participants to purchase eligible foods. “Eligible foods" means:

1.Any food or food product intended for human consumption except alcoholic beverages, tobacco, and hot foods and hot food products prepared for immediate consumption; and

2.Seeds and plants to grow foods for the personal consumption of eligible households.

3.Meals prepared and delivered by an authorized meal delivery service to households eligible to use SNAP benefits to purchase delivered meals, or meals served by an authorized communal dining facility for the elderly, for Supplemental Security Income (SSI) households or both, to household eligible to use SNAP benefits for communal dining.

a.Meal delivery services are provided to eligible household members sixty (60) years of age or over and their spouses, and household members living with a disability, and their spouses to the extent that they are unable to adequately prepare all their meals may use all or part of the SNAP benefits issued to them to purchase meals from a non-profit meal delivery service which is authorized by Food and Nutrition Service (FNS) as a retailer or which has a contract with the State agency, such as Meals on Wheels.

b.Communal dining facilities include senior citizen centers, apartment buildings occupied primarily by elderly persons or SSI households, public or private non-profit establishments (eating or otherwise) that feed elderly persons or SSI recipients, and federally subsidized housing for the elderly.

(1)It also includes private establishments which contract with an appropriate State or local agency to offer meals at concession prices to elderly persons or SSI recipients, and their spouses.

4.Meals prepared and served by a drug or alcohol treatment and rehabilitation center to center participants and their children who live with them;

a.Members of eligible households who are narcotic addicts or alcoholics, and who regularly participate in a drug or alcoholic treatment and rehabilitation program, may use all or part of the SNAP benefits issued to them to purchase meals prepared for them during the course of such programs by a private non-profit organization or institution or a publicly operated community mental health center.

5.Meals prepared and served by a group living arrangement facility to residents who are blind or disabled;

a."Group living facility" means a public or private non-profit residential setting serving no more than sixteen (16) residents which is certified by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals (BHDDH), under Regulations issued in the Social Security Act, 42 U.S.C. § 1382(e).

6.Meals prepared by and served by a shelter for battered persons and children to its eligible residents;

a."Shelter for battered persons and children" means a public or private non-profit residential facility which serves battered persons and their children.

(1)If such a facility serves other individuals, a portion of the facility must be set aside on a long-term basis to serve only battered persons and children.

b.Eligible residents of shelters for battered persons and children may use all or part of their SNAP benefits to purchase meals prepared and served by a shelter which is authorized by FNS to redeem at wholesalers, or which redeems at retailers as the authorized representative of participating households.

7.In the case of homeless SNAP households, meals prepared for and served by an authorized public or private nonprofit establishment (e.g., soup kitchen, temporary shelter), approved by Department of Human Services (DHS), that feeds homeless persons; and

8.In the case of homeless SNAP households, meals prepared by a restaurant which contracts with DHS to serve meals to homeless persons at concessional (low or reduced) prices.

9.Eligible household members sixty (60) years of age or over, or who receive supplemental security income benefits or disability or blindness payments under Title I, II, X, XIV, or XVI of the Social Security Act, 42 U.S.C. Chapter 7, and their spouses may use all or any part of the SNAP benefits issued to them to purchase meals prepared by a restaurant which contracts with the DHS to offer meals for such persons at concessional (low or reduced) prices.

B.Another person may be designated by the household to purchase the food.

1.Households are not required to have cooking facilities or access to cooking facilities to participate in the program.

1.1.3Non-Discrimination

A.The agency is committed to the impartial and equitable treatment of all individuals in the administration of the Supplemental Nutrition Assistance Program. The non-discrimination statement of the Supplemental Nutrition Assistance Program is:

1.In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights Regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, including gender identity and sexual orientation, religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

2.Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits.

3.Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

4.To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: , and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form.

5.To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

a.Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights,1400 Independence Avenue SW Washington, D.C. 20250-9410; or

b.Fax: (202) 690-7442; or

c.Email: [email protected].

6.USDA is an equal opportunity provider.

B.Discrimination Complaint Process

1.Individuals who believe that they have been subject to discrimination may file a complaint with the Secretary of Agriculture or the Administrator of FNS, Washington, DC 20250, and/or with the Director of the DHS or her designee.

a.A complaint must be filed no later than one hundred eighty (180) days from the date of the alleged discrimination.

(1)However, the time for filing may be extended by the Secretary.

b.The agency must accept all complaints of discrimination, written or verbal, and if requested to do so, forward them promptly to the Secretary or the Administrator of FNS;

(1)Otherwise, civil rights complaints should be forwarded to the Community Relations Liaison Office at 41 West Road, Hazard Bldg., Cranston, R.I. 02920.

2.Written complaints are accepted by the Secretary of Agriculture or the Administrator of FNS or the Director of DHS.

3.Any person who believes that they have been subject to discrimination may also file a complaint with the Director of DHS or her designee, in addition to, or in place of, the one filed with the Secretary of Agriculture or the Administrator of FNS.

1.1.4Complaints Not Relating to Discrimination

A.A complaint is any oral or written expression of dissatisfaction made to staff, either in the field or to Central Office personnel or department officials, by a member of the community questioning such issues as delays in processing or general services to participants.

1.Such complaints may be filed by participants, potential participants or other concerned individuals or groups.

a.They do not include complaints alleging discrimination on the basis of race, gender, age, religion, creed, national origin, political beliefs or disabilities.

b.Nor do these complaints include ones pursued through the fair hearing process or complaints that can be immediately resolved, or resolved by the close of the next business day.

2.Inquiries are not considered complaints.

a.An inquiry is when an applicant or recipient seeks the answer to a question such as where I can receive an application, when will I receive my benefits, when will my application be approved, etc.

3.Whenever a complaint is received by staff and cannot be immediately resolved or resolved by the close of the next business day, a Complaint Form must be filled out by the person receiving said complaint.

4.The agency must follow up on all complaints, resolve complaints, take corrective action where warranted, and respond to the complainant on the disposition of the complaint.

1.1.5Equal Access to Justice

A.The purpose of R.I. Gen. Laws § 42-92-1 is to provide equal access to justice for small businesses and individuals.

1.The Rules and Regulations of this law govern the application and award of reasonable litigation expenses to qualified parties in fair hearing and Administrative Disqualification Hearing proceedings conducted by the DHS for the Supplemental Nutrition Assistance Program.

2.Individuals should be encouraged to contest unjust administrative actions in order to further the public interest, and toward that end, such parties should be entitled to State reimbursement of reasonable litigation expenses when they prevail in contesting an agency action which is, in fact, unfair and unjust according to the statute cited above.

1.1.6Personnel Standards

A.Agency personnel used in the certification process are employed in accordance with the current standards for the merit system of personnel administration. Agency employees meeting the above requirements perform the interviews required in § 1.3.4 of this Part.

1.Volunteers and other non-agency employees cannot conduct certification interviews or certify SNAP applicants.

2.Individuals and organizations who are parties to a strike or lockout and their facilities may not be used in the certification process except as a source of verification of information supplied by an applicant.

3.Only authorized employees of the DHS involved in the administration of the Supplemental Nutrition Assistance Program are allowed to issue Electronic Benefit Transfer (EBT) cards and Personal Identification Numbers (PIN).

1.1.7Disclosure of Information

A.The agency must restrict the use or disclosure of information obtained from SNAP applicant households to the following persons:

1.Persons directly connected with the administration or enforcement of the Food and Nutrition Act of 2008 (as amended through Pub. Law 118-5) or Regulations, other Federal assistance programs, federally-assisted State programs providing assistance on a means-tested basis to low-income individuals, or general assistance programs which are subject to the joint processing requirements described in § 1.3.2(B) of this Part;

2.Persons directly connected with the administration or enforcement of the programs which are required to participate in the Income and Eligibility Verification System (IEVS) to the extent the SNAP information is useful in establishing or verifying eligibility or benefit amounts under those programs;

3.Persons directly connected with the verification of immigration status of non-citizens applying for SNAP benefits, through the Systematic Alien Verification for Entitlements (SAVE) program, to the extent the information is necessary to identify the individual for verification purposes;

4.Persons directly connected with the administration of the Child Support Enforcement program under the Social Security Act, Title IV, Part D, 42 U.S.C. § 651, in order to assist in the administration of that program, and employees of the Secretary of Health and Human Services as necessary to assist in establishing or verifying eligibility or benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. Chapter 7;

5.Employees of the Comptroller General's Office of the United States for audit examination authorized by any other provision of law; and

6.Local, State, or Federal law enforcement officials, upon their written request, for the purpose of investigating an alleged violation of the Food and Nutrition Act of 2008 (as amended through Pub. Law 118-5), or its Regulations.

a.The written request must include the identity of the individual requesting the information, their authority to do so, the violation being investigated and the identity of the person on whom the information is requested.

b.Notwithstanding any other provision of law, the address, Social Security Number, and if available, any photograph of any member of any household shall be made available, upon written request, to any Federal, State, or local law enforcement officer if the officer furnishes the State agency with the name of the member and notifies the agency that:

(1)The member is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime (or an attempt to commit a crime) that is a felony under the law of the place from which the individual is fleeing or which, in the case of New Jersey, is a high misdemeanor under the State of New Jersey; or violating a condition of probation or parole imposed under a Federal or State law; or

(2)The member has information that is necessary for the officer to conduct an official duty related the above;

(3)Locating or apprehending the member is an official duty; and

(4)The request is being made in the proper exercise of an official duty.

B.Recipients of information released under this Section must adequately protect the information against unauthorized disclosure to persons or for purposes not specified in this Section. In addition, information received through the IEVS must be protected from unauthorized disclosure as required by Regulations established by the information provider. Information released to the agency pursuant to the Internal Revenue Code of 1954, 26 U.S.C. § 6103(a), is subject to the safeguards established by the Secretary of the Treasury in 26 U.S.C. § 6103 and implemented by the Internal Revenue Service in its publication, Tax Information and Security Guidelines.

1.1.8The Household’s Access to its Case Record

A.If there is a written request by a responsible member of the household, its currently authorized representative, or a person acting in its behalf to review materials contained in its case record, the material and information contained in the case record pertaining to SNAP benefits are made available for inspection during normal business hours. However, the agency must withhold confidential information, such as the names of individuals who have disclosed information about the household without the household's knowledge, or the nature or status of pending criminal prosecutions.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.2 Household Definitions

1.2.1General Household Definition

A.A household is composed of any of the following individuals or groups of individuals, provided they are not residents of an institution (except as otherwise specified in § 1.2.8 of this Part), are not residents of a commercial boarding house, or are not boarders (except as otherwise specified in § 1.2.6 of this Part):

1.An individual living alone;

2.An individual living with others, but customarily purchasing food and preparing meals for home consumption separate and apart from others; or

3.A group of individuals who live together and customarily purchase food and prepare meals together for home consumption.

1.2.2Special Household Definition

A.Certain individuals living with others or groups of individuals living together must be considered as customarily purchasing food and preparing meals together, even if they do not do so, and therefore must be included in the same household, unless otherwise specified.

1.Separate household status may NOT be granted to the following:

a.A spouse of a member of the household living together; or

b.Children under twenty-two (22) and living with their parents, even if married and living with a spouse, a child, or both; or

c.Children (other than foster children) under eighteen (18) years of age who live with and are under the parental control of an adult household member other than their parent(s). A child must be considered under parental control if he or she is financially or otherwise dependent on a member of the household; or

d.Parents living together with their children who are under age twenty-two (22).

1.2.3Elderly/Disabled Individuals

A.Although a group of individuals living together and purchasing and preparing meals together constitutes a single household under the provisions of the General Household Definition, an otherwise eligible member of such a household who is sixty (60) years of age or older and who is unable to purchase and prepare meals because they suffer from a disability considered permanent under the Social Security Act, U.S.C. Title 42 or suffer from a non-disease-related, severe, permanent disability may be a separate household from the others based on the provisions of the Special Definition, provided that the income of the others with whom the individual resides (excluding the income of the spouse of the elderly and disabled individual) does not exceed one hundred sixty-five percent (165%) of the poverty line.

1.The SSA's most current list of disabilities is used as the initial step for verifying if an individual has a disability considered permanent under the Social Security Act, U.S.C. Title 42.

a.However, only an individual who suffers from such a disability and who is unable to purchase and prepare meals because of such disability is considered disabled for the purpose of this provision.

2.If it is obvious to the agency representative that the individual is unable to purchase and prepare meals because they suffer from a severe physical or mental disability, the individual is considered disabled for the purpose of this provision even if the disability is not specifically mentioned on the SSA list.

3.If the disability is not obvious to the agency representative, they must verify the disability by requiring a statement from a physician or licensed or certified psychologist certifying that the individual (in the physician's/psychologist's opinion) is unable to purchase and prepare meals because they suffer from one of the non-obvious disabilities mentioned in the SSA list or is unable to purchase and prepare meals because they suffer from some other severe, permanent physical or mental disease or non-disease-related disability.

a.The elderly and disabled individual (or their authorized representative) is responsible for obtaining the cooperation of the individuals with whom they reside in providing the necessary income information about the others to the agency for purpose of this provision.

1.2.4Non-Household Members

A.Certain individuals are not included as members of the household, unless specifically included as a household member under the provisions of the Special Household Definition in § 1.2.2 of this Part.

1.If not included as a member of the household under the provisions of the Special Household Definition, such individuals must not be included as a member of the household for the purpose of determining household size, eligibility, or benefit level.

a.The income and resources of such individuals must be handled in accordance with the provisions of § 1.5.6(C) of this Part.

2.The following individuals (if otherwise eligible) may participate as separate households:

a.Roomers: Individuals to whom a household furnishes lodging, but not meals, for compensation.

b.Live-in Attendants: Individuals who reside with a household to provide medical, housekeeping, child care or similar personal services.

c.Other Individuals: Other individuals who share living quarters with the household but who do not customarily purchase food and prepare meals with the household.

B.Students

1.An individual who is enrolled at least half-time in an institution of higher education shall be ineligible to participate in the Supplemental Nutrition Assistance Program unless the individual qualifies for one (1) of the exemptions contained in § 1.4.13 of this Part.

2.An individual is considered to be enrolled in an institution of higher education if the individual is enrolled in a business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum or if the individual is enrolled in a regular curriculum at a college or university that offers degree programs regardless of whether a high school diploma is required.

3.The enrollment status of a student shall begin on the first (1st) day of the school term of the institution of higher education.

a.Such enrollment shall be deemed to continue through normal periods of class attendance, vacation and recess, unless the student graduates, is suspended or expelled, drops out, or does not intend to register for the next normal school term (excluding summer school).

1.2.5Ineligible Household Members

A.Some household members are ineligible to receive program benefits (such as certain non-citizens), while others may become ineligible for such reasons as being disqualified for committing an intentional program violation or refusing to comply with a regulatory requirement.

1.These individuals must be included as members of the household for the purpose of defining a household under the provisions of the general and special definitions.

a.However, such individuals must not be included as eligible members of the household when determining the household's size for the purpose of comparing the household's monthly income with the income eligibility standard or assigning a benefit level.

b.The income and resources of such individuals must be handled in accordance with the provisions of § 1.5.6(A) of this Part, as appropriate.

(1)Moreover, these individuals are not eligible to participate as separate households.

2.Categories of ineligible individuals include:

a.Ineligible Non-citizens: Individuals who do not meet the citizenship or qualified alien status requirements of or the non-citizen sponsorship requirements of § 1.4.12 of this Part.

b.Ineligible Able-Bodied Adults without Dependents (ABAWDS): Individuals who are ineligible due to the time limit for able-bodied adults as detailed in § 1.11.9 of this Part.

c.Noncompliance with Work Requirements: Individuals who are disqualified for noncompliance with the work requirements found in § 1.11 of this Part.

d.Intentional Program Violation: Individuals who are disqualified for an intentional program violation, as set forth in § 1.8 of this Part.

e.Social Security Number (SSN) Noncooperation: Individuals who are disqualified for failure to provide or apply for an SSN, as set forth in § 1.4.12 of this Part.

f.Failure to Attest to Citizenship/Alienage Status: Individuals who do not attest to their citizenship or alien status as set forth in § 1.4.7 of this Part.

g.Fleeing Felons: Individuals who are fleeing to avoid prosecution, custody, or confinement after conviction, under the law of the place from which the individual is fleeing, for a crime or attempt to commit a crime that is a felony under the law of the place from which the individual is fleeing or which, in the case of New Jersey, is a high misdemeanor under the State of New Jersey; or violating a condition of probation or parole imposed under a Federal or State law.

(1)An individual is considered to be a ‘‘fleeing’’ felon, if the following criteria are met:

(AA)There is a felony warrant for the individual;

(BB)The individual is aware of, or reasonably expects that a warrant has or would have been issued;

(CC)The individual has taken some action to avoid being arrested or jailed; and

(DD)A law enforcement agency is actively seeking the individual.

1.2.6Boarders

A.Boarders are defined as individuals or groups of individuals residing with others and paying reasonable compensation to the others for lodging and meals.

1.Boarders are ineligible to participate in the program independent of the household providing the board.

a.They may participate as members of the household providing the boarder services to them at the household's request.

b.For SNAP Program purposes, a foster child or foster care adult is considered a boarder.

c.In no event, should boarder status be granted to those individuals or groups of individuals described in § 1.2.2 of this Part, which includes children residing with elderly or disabled parents.

2.Boarders are not to be considered members of participant or applicant households, nor is the income and resources of boarders to be considered available to such households.

a.However, the amount of payment which a boarder gives to a household for lodging and meals must be treated as self-employment income to the household.

3.For program purposes, a boarding house is defined as a commercial establishment which offers meals and lodging for compensation with the intention of making a profit.

a.Residents of such boarding houses are not eligible for program benefits.

b.The number of boarders residing in a boarding house is not used to determine if a boarding house is a commercial enterprise.

c.The household of the proprietor of a boarding house may participate in the program, separate and apart from the residents of the boarding house, if that household meets all of the eligibility requirements for program participation.

4.To determine if an individual is paying reasonable compensation for meals and lodging in making a determination of boarder status, only the amount paid for meals must be used, provided that the amount paid for meals is distinguishable from the amount paid for lodging. A reasonable monthly payment must be either:

a.A boarder, whose board arrangement is for more than two (2) meals a day, must pay an amount which equals or exceeds the Thrifty Food Plan for the appropriate size of the boarder household; or,

b.A boarder, whose board arrangement is for two (2) meals or less per day, must pay an amount which equals or exceeds two thirds (2/3) of the Thrifty Food Plan for the appropriate size of the boarder household.

5.An individual furnished both meals and lodging by a household, but paying compensation of less than a reasonable amount to the household for such service, is considered a member of the household providing the services.

B.None of the income or resources of individuals determined to be boarders and who are not members of the household providing the boarder services is considered available to such household. However, the amount of the payment that a boarder gives to a household must be treated as self-employment income to that household, with the exception of foster care boarders.

1.The procedures for handling self-employment income from boarders (other than such income received by a household that owns and operates a commercial boarding house) are set forth in § 1.5.4 of this Part.

2.The procedures for handling income from boarders by a household that owns and operates a commercial boarding household are set forth in § 1.5.4 of this Part.

1.2.7Head of Household

A.When designating the head of the household in a household with an adult parent and children or an adult who has parental control over children, the household must select an adult parent of children of any age living in the household, or an adult who has parental control over children under eighteen (18) years of age living in the household, provided that all adult members agree to the selection.

1.These households may affect the selection at application, recertification, or whenever there is a change in household composition, but not when a previously-designated head of household has been sanctioned under § 1.11 of this Part.

2.If such a household fails to select a head of household, the agency representative shall designate the principal wage earner as the head of household.

a.The principal wage earner is the household member (including an ineligible member) who has the greatest amount of earned income in the two (2) months prior to the month of application or month of violation.

b.This provision applies only if the employment involves twenty (20) hours or more per week or provides earnings at least equivalent to the Federal minimum wage multiplied by twenty (20) hours.

3.For households that do not consist of adult parents and children, or adults who have parental control of children living in the household, the worker will designate the head of household.

4.The head of household classification is not used to impose special requirements on the household such as requiring that the head of household, rather than another adult member of the household, appear at the office to make application for benefits.

5.In the event that the head of the household or spouse is unable to file the application, another household member may apply for the household, or an adult non-household member may be designated as the authorized representative for that purpose.

6.No person of any age living with a parent (or person fulfilling the role of parent) who is:

a.Registered for work;

b.Exempt from work registration because they are subject to and participating in a Temporary Assistance for Needy Families (TANF)/Rhode Island Works (RI Works) employment plan; or

c.Receiving unemployment insurance; or

d.Is employed or self-employed and working a minimum of thirty (30) hours weekly or receiving weekly earnings equal to the Federal minimum wage multiplied by thirty (30) hours shall be considered the head of household unless the person is an adult parent of children and the household elects to designate her/him as its head of household.

7.When a new person joins a household with an adult parent of children while either the household or an individual is disqualified for a work requirement or voluntary quit violation, and if the new person is selected by the household to be the head of household as defined above, that new head of household status takes precedence over the status another member may have held.

1.2.8Residents of Institutions

A.Individuals are considered residents of an institution when the facility provides them with the majority of their meals (over fifty percent (50%) of three (3) meals daily) as part of the institution's normal services. Residents of institutions are not eligible for participation in the SNAP Program.

1.Individuals who do not elect to receive the majority of their meals (over fifty percent (50%) of three (3) meals daily) from the facility, such as an Assisted Living facility, would not be considered residents of an institution and would, therefore, be entitled to receive SNAP benefits if otherwise eligible.

B.Exceptions to the Institution Rule:

1.Residents of federally subsidized housing for the elderly, built under either § 202 of the Housing Act of 1959, 12 U.S.C. § 1701(q), or § 236 of the National Housing Act, 12 U.S.C. § 1715z – 1(j)(5).

2.Narcotic addicts or alcoholics who, for the purpose of regular participation in a drug or alcohol treatment and rehabilitation program, reside at a facility or treatment center. (Refer to § 1.2.12 of this Part)

3.Disabled or blind individuals who are residents of group living arrangements (as defined in § 1.2.12 of this Part) and who receive benefits under Title II or Title XVI of the Social Security Act, 42 U.S.C. Chapter 7.

4.Women, men or women and men with their children, temporarily residing in a shelter for battered persons and children (as defined in § 1.4.8 of this Part). Such persons temporarily residing in shelters for battered persons and children are considered individual households for the purposes of applying for, and participating in, the program.

5.Residents of public or private non-profit shelters for homeless persons (Refer to § 1.4.9 of this Part).

1.2.9Pre-Release Program Residents

A.Residents of public institutions who apply for SSI prior to their release from an institution under the Social Security Administration's Pre-release Program for the Institutionalized are permitted to apply for SNAP benefits at the same time they apply for SSI. These pre-release applicants are processed in accordance with the provisions in § 1.4.10 of this Part.

1.2.10Strikers

A.Households with striking members are ineligible to participate in the program unless the household was eligible for benefits prior to the strike (Refer to § 1.4.4 of this Part).

1.2.11Authorized Representatives

A.There may be cases when the head of the household or spouse cannot apply for the household. In such cases, another household member may apply or an adult, non-household member may be designated as the authorized representative.

1.An authorized representative is a person designated by the head of the household or the spouse, or any other responsible member of the household, to act on behalf of the household in applying for program benefits, or using the SNAP benefits.

a.A private, non-profit organization or institution or a publicly operated community mental health center conducting a drug addiction or alcoholic treatment and rehabilitation program must serve in this capacity, and a group living arrangement may or may not also serve in this capacity, as noted in § 1.2.12 of this Part.

2.An authorized representative may be designated for obtaining SNAP benefits on behalf of the household. This designation is made at the time the application is completed. The authorized representative is issued an EBT card for access to SNAP benefits.

3.Limits are not placed on the number of households an authorized representative may represent. In the event employers, such as those who employ migrant or seasonal farm workers, are designated as authorized representatives or that a single authorized representative has access to a large number of EBT cards and benefits, caution should be exercised to assure that:

a.The household has freely requested the assistance of the authorized representative;

b.The household's circumstances are correctly represented, and the household receives the correct amount of benefits; and

c.That the authorized representative is properly using the SNAP benefits.

B.Liability for Designation

1.It is important that the head of the household or the spouse prepare or review the application whenever possible, even though another household member or the authorized representative will actually be interviewed.

2.In conjunction with these provisions, another household member, or the household's authorized representative, may complete work registration forms for those household members required to register for work.

a.The agency representative must emphasize to the household that it will be held liable for any over issuance which results from erroneous information given by the authorized representative.

C.An authorized representative must be designated in writing by the head of the household, or the spouse, or another responsible member of the household; and be an adult who is sufficiently aware of relevant household circumstances. In the event the only adult member of a household is classified as a non-household member, that person may be designated as the authorized representative for the minor household members.

D.The following individuals may not serve as authorized representatives without prior approval as indicated below:

1.Agency employees who are involved in the certification and/or issuance processes and retailers who are authorized to transact SNAP benefits may not act as authorized representatives unless a determination has been made that no one else is available to serve.

2.Individuals disqualified for fraud cannot act as authorized representatives during the period of disqualification, unless the disqualified individual is the only adult member of the household able to act on its behalf and the agency representative has determined that no one else is available to serve.

a.The agency representative determines whether these individuals are permitted to apply on behalf of the household and/or to obtain and purchase goods with SNAP benefits.

b.If the agency representative cannot locate anyone qualified to serve as an authorized representative to purchase goods with the SNAP benefits, the disqualified member is allowed to do so.

3.Where evidence has been obtained that an authorized representative has misrepresented a household's circumstances and has knowingly provided false information pertaining to the household, or has made improper use of the SNAP benefits, the authorized representative may be disqualified from participating in this capacity in the SNAP for up to one (1) year.

a.The affected household(s) and the authorized representative is sent written notification thirty (30) days prior to the date of disqualification. The notification includes:

(1)The proposed action;

(2)The reason for the proposed action;

(3)The household's right to request a fair hearing; the office telephone number and the name of the person to contact for additional information.

4.Establishments which provide meals to the homeless may not act as authorized representatives for homeless SNAP recipients.

1.2.12Treatment Centers and Group Homes

A.Narcotics addicts or alcoholics who regularly participate in a drug or alcohol treatment program on a resident basis and blind or disabled (as defined in § 1.2.8 of this Part) residents of group living arrangements may voluntarily request SNAP benefits.

1.Drug and Alcohol Treatment Centers

a.The residents of drug or alcoholic treatment centers apply and are certified for program participation through the use of an authorized representative who is an employee of, and designated by, a publicly operated community mental health center, or private non-profit organization or institution, that is administering the treatment and rehabilitation program.

b.The center is the authorized representative for the eligible residents and utilizes the SNAP benefits for food prepared by and/or served to the eligible residents. As authorized representative, the treatment center is responsible for complying with the requirements set forth in § 1.4.3 of this Part.

2.Group Living Arrangements

a.Residents of group living arrangements either apply and are certified through use of an authorized representative employed and designated by the group living arrangement or apply and are certified on their own behalf (or through an authorized representative of their own choice).

b.The group living arrangement determines if any resident may apply for SNAP on their own behalf.

(1)The determination should be based on an assessment of the resident's physical and mental ability to handle their own affairs.

(2)The group living arrangement is encouraged to consult with any other agencies providing services to individual residents prior to a determination.

(3)All of the residents of the group living arrangement do not have to be certified either through an authorized representative or individually in order for one or the other method to be used.

c.Applications are accepted for any individual applying as a one (1) person household or for any grouping of residents applying as a household.

(1)If a resident applies through the facility as the authorized representative, the group living arrangement may either receive and utilize the SNAP benefits for food prepared by and/or served to the eligible resident, or allow the eligible resident to use all or any portion of the allotment.

(2)If a resident is certified on their own behalf, the SNAP benefits may either be returned to the facility to purchase meals served either communally or individually to eligible residents or retained and used by the eligible resident to purchase and prepare food for their own consumption. In any case, the group living arrangement is responsible for complying with the requirements set forth in § 1.4.7 of this Part.

d.If the group living arrangement has its status as an authorized representative suspended by FNS, eligible residents applying on their own behalf are still able to participate.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.3 Application Process

1.3.1Introduction

A.The application process begins with a request for an application form and is not completed until notification of the household's eligibility is sent. The date of application is considered to be the date a signed application is received by the agency, or in the case of telephonic applications, the date on which the household member provides verbal assent.

B.The application process includes, but is not limited to, the following activities:

1.Ensuring applications are available;

2.Assisting a household in the completion of its application;

3.Interviewing a member of the household or an authorized representative subject to certain conditions outlined within this Section;

4.Performing necessary collateral contacts and verifications; and

5.Entering and maintaining a computer file through which SNAP benefits are issued.

C.The application process is completed promptly. A household must be given notification of eligibility or ineligibility no later than thirty (30) days after an application is filed.

1.Expedited service is available to households in immediate need (See § 1.3.9 of this Part).

2.Benefits are pro-rated and provided retroactively to the date of application for households who have completed the application process and have been determined eligible.

D.In order to ease case processing while also reducing the burden on households, FNS has approved a waiver effective March 1, 2025 through February 28, 2026, to reinstate the eligibility of households that have recently become ineligible without requiring the household to submit a new application or interview for benefits contingent upon the following conditions:

1.The household’s case must be in closed status;

2.The household’s eligibility can only be reinstated without a new application or interview if the missing report, information, or verification is received by the local office within thirty (30) days of the date the household became ineligible for program benefits.

a.Households that provide missing information or comply with eligibility requirements thirty (30) days or more after their SNAP certification end date must file a new SNAP application.

3.The household has at least one (1) month remaining in the certification period after the effective date of ineligibility;

4.The household must fully resolve the reason for the case closure and reestablish eligibility which may include reporting and verifying any changes in household circumstances;

5.The household must be eligible for benefits during the reinstatement month and the remaining months of the certification period;

6.Benefits for the initial month of reinstated eligibility must be prorated from the date the household took the required action to reestablish eligibility; and

7.For households other than those that submit a new application, DHS must retain the established certification period.

1.3.2Filing an Application

A.Households wishing to participate in the program must file an application for assistance. An application for SNAP benefits must be submitted for each household requesting SNAP assistance. Since the time limit for providing benefits is calculated from the date the application is filed, each household has the right to file an application on the same day it contacts the SNAP office during working hours.

1.The household must also be advised that it does not have to be interviewed before filing its application and that it may file an incomplete application form as long as the form contains the applicant's name, address, and the signature of either a responsible member of the household or the household's authorized representative.

a.The household is encouraged to file the application form the same day the household or its representative contacts the office in person or by telephone and expresses interest in obtaining SNAP assistance.

2.Applications can be filed in person or by an authorized representative at a DHS Regional Office, by mail, online or by facsimile (fax).

a.If the household has contacted a SNAP office by telephone but is unable to come to the office to file the application that same day, or the household has requested SNAP assistance in writing, the application form is mailed to the household on the same day the written request or telephone call is received.

B.Telephonic Signature

1.As outlined in 7 C.F.R. § 273.2(c)(7)(viii), the agency has specified in its State plan to select the use of a telephonic signature as an acceptable means for signing an application.

a.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).

b.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 casenote 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.

2.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.

a.The recording shall clearly indicate agreement or disagreement during the interview over the telephone.

b.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.

3.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.

4.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.

C.Joint Application Procedure

1.To facilitate participation in the program, households in which all members are applying for RI Works and/or General Public Assistance (GPA) are allowed to apply for SNAP benefits at the same time they apply for assistance.

a.However, the household's SNAP eligibility and benefit level must be based solely on SNAP eligibility criteria and the household must be certified in accordance with notice and procedural requirements within this Part.

2.RI Works time limits and other requirements that apply to the receipt of RI Works benefits do not apply to receipt of SNAP benefits and households which cease receiving RI Works benefits because they have reached a time limit, have begun working, or for other reasons, may still qualify for SNAP benefits.

3.A household with some RI Works/GPA recipients, and some SSI recipients, is also certified under the joint application procedure.

4.An applicant for, or recipient of, Social Security benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401 through 433, should be informed at the SSA office of the availability of benefits under the SNAP and the availability of a SNAP application at that SSA office. Such applications must be filed at a SNAP office.

5.When a resident of a public institution applies for both SSI and SNAP under the SSA's Pre-release Program for the Institutionalized, the filing date of the SNAP application is recorded as the date the applicant is released from the institution.

1.3.3Withdrawing Applications

A.A household may voluntarily withdraw its application at any time prior to the determination of eligibility.

1.The agency representative must document in the case file the reason for withdrawal, if any was stated by the household, and that contact was made with the household to confirm the withdrawal.

2.The household must be advised of its right to reapply at any time subsequent to a withdrawal.

1.3.4Interview Requirements

A.Effective March 1, 2025 through February 28, 2025, DHS will utilize authorized approval from FNS to waive the interview requirement for households meeting the conditions outlined in § 1.3.1. D of this Part. All other households must have an interview with a qualified agency representative in a SNAP office, other certification site or on the telephone prior to initial certification and subsequent recertification. Households comprised solely of elderly (age sixty (60) and older), and/or disabled individuals with no earned income (also known as Elderly Simplified Application Project (ESAP) households, will be informed at the initial certification interview that a recertification interview will not be required unless the household meets the circumstances outlined in § 1.24.4 of this Part.

1.Applicants (and recipients at recertification or for any other reason) who miss their first (1st) scheduled appointment, must be notified that they have missed a scheduled appointment and that rescheduling another interview appointment within the necessary time frame to ensure an application can be acted upon within thirty (30) days or before the end of the certification period is the responsibility of the household.

2.The individual interviewed may be the head of household, spouse, any other responsible member of the household, or an authorized representative who is an adult and who knows the household’s circumstances.

3.The applicant may bring any person they choose to the interview. The interview is conducted as an official and confidential discussion of household circumstances.

4.The face-to-face interview can be waived in favor of a telephone interview.

a.The agency must notify all SNAP households (applicant and recipient) that the face-to-face interview can be waived in favor of a telephone interview upon request by any household.

(1)The applicant/recipient will be provided the opportunity to choose a telephone interview or a face-to-face interview. If the applicant/recipient does not indicate which method they would prefer to be interviewed, the department will automatically schedule a telephone interview.

(2)The agency must grant a face-to-face interview to any household which requests one.

(3)Waiver of the face-to-face interview does not exempt the household from the verification requirements, although special procedures may also be used to permit the household to provide verification and thus obtain its benefits in a timely manner, such as substituting a collateral contact in cases where documentary verification would normally be provided.

(4)Verifications may be faxed or uploaded to the household’s online account. If the agency is unable to open any attachment(s), the attachment(s) is not considered to have been received by the agency. Waiver of a face-to-face interview does not affect the length of the household’s certification period.

5.The agency representative may offer households for whom the office interview is waived the alternative of either a telephone interview or a home visit.

a.However, home visits are used only if the time of the visit is scheduled in advance with the household.

6.The DHS-2 or recertification form is reviewed with the applicant or adult representative of the household, and the appropriate information is verified through documentation supplied by the applicant, or if not supplied by the applicant, by obtaining the document or information.

7.The applicant is required to read, or have read to him/her, the information on the signature page of the DHS-2, and sign the form.

a.The DHS-2 must be completed and signed by an adult representative of the household applying for SNAP benefits certifying, under penalty of perjury, that the information contained in the application is true.

B.The agency representative must conduct a single interview at the initial application for both public assistance (PA) and SNAP purposes. PA households are not required to see a different agency representative or otherwise be subjected to two (2) interview requirements in order to obtain the benefits of both programs.

1.Following the single interview, the application may be processed by separate workers to determine eligibility and benefit levels for SNAP and PA. A household’s eligibility for the SNAP out-of-office interview provision does not relieve the household of any responsibility for a face-to-face interview in order to be certified for public assistance.

1.3.5Household Failure to Cooperate

A.To determine eligibility, the application forms are completed and signed, the household or its authorized representative is interviewed, and certain information on the application is verified. If the household refuses to cooperate with the agency in completing this process, the application is denied at the time of refusal.

1.For a determination of refusal to be made, the household must be able to cooperate, but clearly demonstrates that it will not take actions which it can take and which are required to complete the application process.

2.For a decision of noncooperation to be made, the household must fail to submit the requested verification by the fifteenth (15th) day from which the information was requested. If there is any question as to whether the household has merely failed to cooperate, as opposed to refused to cooperate, the household is not denied until the thirtieth (30th) day from the date of the application.

3.The household is also determined ineligible if it refuses to cooperate in any subsequent review of its eligibility, including reviews generated by reported changes and application for recertification. Once denied or terminated for refusal to cooperate, the household may reapply but is not determined eligible until it cooperates.

4.The agency must not determine a household to be ineligible when a person outside of the household fails or refuses to cooperate with a request for verification.

a.Individuals identified as non-household members under § 1.5.6 of this Part are not considered individuals outside the household.

1.3.6Providing Notices of Eligibility/Ineligibility

A.Eligible Households

1.Every applicant household found eligible is provided a written notice of eligibility as soon as a determination is made but no later than thirty (30) days after the date of initial application. Refer to § 1.3 of this Part for information on the thirty (30) day processing standard.

2.The notice informs the household of the following:

a.Amount of the allotment

b.Beginning and ending date of the certification period

c.The right to a hearing and the availability of free legal representation

d.The household’s obligation to report changes in circumstances and of the need to reapply for continued participation at the end of the certification period

B.Ineligible Households

1.Each household denied eligibility is provided a written notice of denial explaining:

a.The basis for the denial

b.The household’s right to request a hearing

c.The telephone number of the DHS Office

d.The name of a person to contact for additional information

e.The availability of free legal service

1.3.7Denying an Application Prior to the Thirtieth (30th) Day

A.Cases can be denied prior to the thirtieth (30th) day of application in the following instances:

1.When the Department has all the required information and verification and can determine that the applicant household is ineligible

2.When the household overtly refuses to cooperate with the agency representative in completing the application process

3.When the household requests in writing that the application for SNAP benefits be withdrawn

4.When an agency representative issues a Request for Documentation, and the client does not provide the requested information

B.If the household has failed to avail itself for a scheduled interview and has made no subsequent contact with the agency to express interest in pursuing the application, the household is denied and sent a notice of denial on the thirtieth (30th) day following the date of application. The household must file a new application if it wishes to participate in the program.

C.For a case in which an interview was conducted, the application may be denied prior to the thirtieth (30th) day from the date of application. In this instance the application may be denied on the fifteenth (15th) day following the date of request for verification if:

1.At the time of the intake interview, the agency representative provided the household with a list of the missing required verification necessary to determine eligibility for the SNAP; and,

2.The agency informed the household in writing by means of a request for documentation of the fifteen (15) day requirement for submission of missing verification; and,

3.The agency representative notified the household in writing of the date by which any missing verification must be provided; and,

4.The agency representative offered assistance to the household in obtaining verification; and,

5.The household failed to provide the requested verification within the fifteen (15) day time frame.

1.3.8Delayed Eligibility Determinations

A.A notice either of denial or of pending status is provided for applications which are delayed in processing, depending upon the cause of the delay.

1.If the Department cannot make an eligibility determination within thirty (30) days from the date of application, the cause of delay is determined, and a notice of pending status is sent to the household on the thirtieth (30th) day.

a.If the application is pending because action by the agency representative is necessary to complete the application process, the notice informs the household that its application has not been completed and is being processed.

b.If the application is pending because action by the household is necessary to complete the application process, the notice explains what action the household must take and that its application will be denied if the household fails to take the required action within sixty (60) days of the date the application was filed.

B.Determining Cause for Delay: The agency representative shall determine the cause of the delay using the following criteria:

1.Household caused delay: A delay shall be considered the fault of the household if the household has failed to complete the application process even though the agency has taken all the action it is required to take to assist the household. The agency must have taken the following actions before a delay can be considered the fault of the household:

a.For households that have failed to complete the application form, the agency must have offered, or attempted to offer, assistance in its completion.

b.If one (1) or more members of the household have failed to register for work, as required in § 1.11 of this Part, the agency must have:

(1)Informed the household of the need to register for work

(2)Determined if the household members are exempt from work registration

(3)Given the household at least fifteen (15) days from the date of notification to register these members

c.In cases where verification is incomplete, the agency must have:

(1)Provided the household with a statement of required verification and offered to assist the household in obtaining required verification

(2)Allowed the household sufficient time to provide the missing verification; sufficient time shall be at least fifteen (15) days from the date of the agency’s initial request for the particular verification that was missing.

d.For households that have failed to appear for an interview, the agency must notify the household that it missed the scheduled interview and that the household is responsible for rescheduling a missed interview.

(1)If the household contacts the agency within the thirty (30) day processing period, the agency must schedule a second (2nd) interview.

(2)If the household fails to schedule a second (2nd) interview or the subsequent interview is postponed at the household’s request or cannot otherwise be rescheduled until after the twentieth (20th) day but before the thirtieth (30th) day following the date the application was filed, the household must appear for the interview, bring verification, and register members for work by the thirtieth (30th) day; otherwise, the delay shall be the fault of the household.

(3)If the household has failed to appear for the first (1st) interview, fails to schedule a second (2nd) interview, and/or the subsequent interview is postponed at the household's request until after the thirtieth (30th) day following the date the application was filed, the delay shall be the fault of the household.

(4)If the household has missed both scheduled interviews and requests another interview, any delay shall be the fault of the household.

2.Agency Caused Delay

a.Delays that are the fault of the agency include those cases where the agency failed to take the actions described in §§ 1.3.8(B)(1)(a), (b), (c) and (d) of this Part, and/or the following:

(1)If the household met its obligations in a timely manner but the agency failed to complete the application process promptly

(2)If the agency representative fails to provide required assistance or fails to give the household sufficient time

C.Action taken if the Household or Agency Causes a Delay

1.Household Caused Delay

a.If a request for documentation notice was issued and the client does not respond within fifteen (15) days, the case is denied.

b.If the Department cannot make an eligibility determination by the thirtieth (30th) day of the original application filing date, due to the fault of the household, the household loses its entitlement to benefits for the calendar month of application.

c.If the household takes the required action within sixty (60) days following the date the application was filed, the Department reopens the case without requiring a new application.

(1)No further action by the Department is required after the notice of denial or pending notice is sent if the household failed to take the required action within sixty (60) days following the date the application was filed.

d.If the household was at fault for the delay in the first thirty (30) day period, but is found to be eligible during the second (2nd) thirty (30) day period, the Department provides benefits from the date the household provides the required documentation.

(1)The household is not entitled to benefits for the calendar month of application when the delay was the fault of the household.

2.Agency Caused Delay: Whenever a delay is the fault of the Department, immediate corrective action occurs. The agency shall not deny the application if it caused the delay but shall instead notify the household by the thirtieth (30th) day following the date the application was filed that its application is being held pending. The State agency shall also notify the household of any action it must take to complete the application process.

a.If verification is lacking the agency will hold the application pending for fifteen (15) days following the date of the initial request for the particular verification that was missing.

(1)If the case remains pending after thirty (30) days, but the fifteen(15) day period to provide verification has not passed and the client provides the documentation within the fifteen (15) day timeframe, benefits are restored from the date of the original application.

(2)If, however, the household is found to be ineligible, the agency denies the application.

b.If the agency is at fault for not completing the application process by the end of the second thirty (30) day period, and the case file is otherwise complete, the Department shall continue to process the original application until an eligibility determination is reached.

(1)If the household is determined eligible, and the agency was at fault for the delay in the initial thirty (30) days, the household shall receive benefits retroactive to the month of application.

(AA)However, if the initial delay was the household’s fault, the household shall receive benefits retroactive only to the month following the month of application.

(BB)The agency uses the original application to determine the household’s eligibility in the months following the sixty (60) day period, or it may require the household to file a new application.

(2)If the agency is at fault for not completing the application process by the end of the second thirty (30) day period, but the case file is not complete enough to reach an eligibility determination, the agency may continue to process the original application, or deny the case and notify the household to file a new application.

(AA)If the case is denied, the household must be advised of its possible entitlement to benefits lost as a result of agency caused delays in accordance with § 1.19 of this Part.

1.3.9Expedited Service

A.The following households are eligible for expedited service:

1.Households with less than one hundred fifty dollars ($150.00) in monthly gross income, provided their liquid resources (i.e., cash on hand, checking or savings account, savings certificates and lump sum payments as specified in § 1.5.5 of this Part) do not exceed one hundred dollars ($100.00);

2.Migrant or seasonal farmworker households who are destitute as defined in § 1.3.9(H) of this Part, provided their liquid resources (see above) do not exceed one hundred dollars ($100.00); or

3.Eligible households whose combined monthly gross income and liquid resources are less than the household's monthly rent (or mortgage) and utilities.

B.Timeframes for expedited service

1.Expedited service procedures apply at initial application. Application procedures are designed to identify a household eligible for expedited service at the time a household requests assistance. An agency representative is assigned responsibility for screening the application when it is filed or on the day the individual comes in to apply.

2.For households entitled to expedited service, the agency shall make SNAP benefits available to the recipient no later than the seventh (7th) calendar day following the date an application was filed.

a.If the agency fails to identify a household as being entitled to expedited service and subsequently discovers that the household is entitled to expedited service, the agency shall provide expedited service to households within the seven (7) day processing standard, except that the processing standard shall be calculated from the date the agency discovers the household is entitled to expedited service.

C.Interview Requirements for expedited service

1.If a household is entitled to receive expedited service, the agency representative must attempt to conduct the interview by the sixth (6th) calendar day following the date the application was filed. The first (1st) day of this count is the calendar day following application filing.

2.If the agency representative conducts a telephone interview and must mail the application to the household for signature, the mailing time involved is not calculated in the expedited service standards.

a.Mailing time only includes the days the application is in the mail to and from the household and the days the application is in the household’s possession pending signature and mailing.

D.Verification Procedures – Expedited Service

1.The identity of the person making the application and, whenever possible, the household’s residency in accordance with § 1.6.1 of this Part, must be verified through a collateral contact or readily available documentary evidence.

a.Once an acceptable collateral contact has been designated, the agency representative must promptly contact the collateral contact in accordance with § 1.6.3 of this Part. Although the household has the primary responsibility for providing other types of verification, the agency representative must assist the household in promptly obtaining the necessary verification.

2.A household entitled to expedited service is asked to furnish an SSN for each person or apply for one (1) for each person before the second (2nd) full month of participation.

a.A household unable to provide the required SSNs, or who does not have one prior to its next issuance, must be allowed thirty (30) days from the first (1st) day of the first (1st) full month of participation to obtain the SSN in accordance with § 1.4.12 of this Part.

3.All reasonable efforts must be made to verify within the expedited processing standards, the household's residency, income statements (including a statement that the household has no income), liquid resources and all other factors required by § 1.6 of this Part, through collateral contacts or readily available documentary evidence. However, benefits must not be delayed beyond the processing standards described in this Subsection, solely because these eligibility factors have not been verified.

4.A household entitled to expedited service must meet the resource criteria in § 1.5.5 of this Part, although verification of resources for expedited service must not cause a delay.

5.Postponed Verification: The agency representative should attempt to obtain as much additional verification as possible during the interview, but should not delay the certification of households entitled to expedited service for the full timeframes when it is determined that it is unlikely that other verification can be obtained within these timeframes.

a.Except for a migrant household needing out-of-State verification, when the postponed verification is not completed within thirty (30) days of the date of the application, the agency representative must terminate the household's participation and issue no further benefits.

E.Work Registration

1.The agency representative must, at a minimum, require the applicant to register (unless exempt or unless the household has designated an authorized representative to apply on its behalf).

a.The agency representative may attempt to register other household members but must postpone the registration of other household members if it cannot be accomplished within the expedited service timeframes.

F.Certification Periods

1.Households which are certified on an expedited basis and have provided all necessary verification required in § 1.6 of this Part prior to certification are assigned a normal certification period.

2.Non-migrant households eligible for expedited service and applying after the fifteenth (15th) of a month and who are assigned a certification period of longer than two (2) months must be notified in writing that they must provide postponed verification before a third (3rd) month's benefits are issued.

3.A migrant household eligible for expedited service and applying after the fifteenth (15th) of a month and who is assigned a certification period of longer than two (2) months must be notified in writing that they must provide postponed verification from sources within the State before a third (3rd) month's benefits are issued, and must provide all verification from out-of-State sources before being issued benefits for the third (3rd) month.

a.The notice must also advise the household that if verification results in changes in the household's eligibility or level of benefits, the agency representative must act on these changes without advance notice of adverse action.

b.Migrants must be entitled to postpone out-of-State verification only once each season. If a migrant household requesting expedited service has already received this exception during the current season, the agency representative must grant a postponement of out-of-State verification only for the initial month's issuance and not for the second (2nd) month's issuance if the household is applying prior to the fifteenth (15th) of the month.

4.Certification Period-Postponed Verification: If verification was postponed, the agency representative certifies the household for the month of application and for those households applying after the fifteenth (15th) of the month, the month of application and the following month. When certified only for the month of application and the following month, the household must complete the verification requirements which were postponed.

a.When a certification period of longer than two (2) months is assigned, the agency representative must notify the household in writing that no further benefits will be issued until the postponed verification is completed.

G.Limit on Expedited Service

1.There is no limit to the number of times a household can be certified under the expedited procedures provided that, prior to each expedited certification, the household either completes the verification requirements which were postponed at the last expedited certification or has been certified under normal processing standards since the last expedited certification.

H.Destitute Households

1.Destitute Households are migrant or seasonal farmworker households who may have little or no income at the time of application and may be in need of immediate food assistance, even though they receive income at some other time during the month of application.

a.A household whose only income for the month of application was received prior to the date of application, and was from a terminated source, must be considered a destitute household and provided expedited service.

2.Special procedures are used to determine when migrant or seasonal farmworker households in these circumstances may be considered destitute and, therefore, entitled to expedited service and special income calculation procedures. Households other than migrant or seasonal farmworker households must not be classified as destitute.

3.A household's source of income is its employer, or, in the case of self-employed persons, the self-employment enterprise.

a.A household member who changes jobs but continues to work for the same employer is considered as still receiving income from the same source.

b.A migrant farmworker's source of income is considered to be the grower for whom the migrant is working at a particular point in time, and not the crew chief. A migrant who travels with the same crew chief but moves from one grower to another is considered to have moved from a terminated to a new source.

c.If income is received on a monthly or on a more frequent basis, it must be considered as coming from a terminated source if it will not be received again from the same source during the balance of the month of application or during the month following the month of application.

(1)If income is normally received less often than monthly, the non-receipt of income from the same source in the balance of the month of application, or in the following month, is inappropriate for determining whether or not the income is terminated.

(2)Therefore, for households that normally receive income less often than monthly, the income is considered as coming from a terminated source if it will not be received in the month in which the next payment would normally be received.

d.A household whose only income for the month of application is from a new source is considered destitute and must be provided expedited service if income of more than twenty-five dollars ($25.00) will not be received from the new source by the tenth (10th) calendar day after the date of application.

(1)Income, which is normally received on a monthly or more frequent basis, is considered to be from a new source, if income of more than twenty-five dollars ($25.00) has not been received from that source within thirty (30) days prior to the date the application was filed.

(2)If income is normally received less often than monthly, it is considered to be from a new source if the income of more than twenty-five dollars ($25.00) was not received within the last normal interval between payments.

e.A household may receive income from a terminated source prior to the date of application and income from a new source after the date of application, and still be considered destitute if no other income is received in the month of application from the terminated source and if income of more than twenty-five dollars ($25.00) from the new source will not be received by the tenth (10th) calendar day after the date of application.

f.Households whose only income for the month of application was received prior to the date of application, and was from a terminated source, shall be considered destitute households and shall be provided expedited service.

(1)A household may receive income from a terminated source prior to the date of application and income from a new source after the date of application, and still be considered destitute if no other income is received in the month of application from the terminated source and if income of more than twenty-five dollars ($25.00) from the new source will not be received by the tenth (10th) calendar day after the date of application.

4.Determining Eligibility and Benefits

a.A destitute household must have its eligibility and level of benefits calculated for the month of application by considering only income which is received between the first (1st) of the month and the date of application. Any income from a new source which is anticipated after the day of application must be disregarded for that month.

b.Some employers provide travel advances to cover the travel costs of new employees who must journey to the location of their new employment. To the extent that these payments are excluded as reimbursements, receipt of travel advances does not affect the determination of when a household is destitute.

(1)However, if the travel advance is by written contract an advance on wages which will be subtracted from wages later earned by the employee, rather than a reimbursement, the wage advance must count as income. Nevertheless, the receipt of a wage advance for the travel costs of a new employee does not affect the determination of whether subsequent payments from the employer are from a new source of income, nor whether a household is considered destitute.

I.Special Processing – Expedited Service

1.For residents of drug addiction or alcoholic treatment and rehabilitation centers who are entitled to expedited service, the agency must make the SNAP benefits available no later than seven (7) calendar days following the date the application was filed.

2.For a resident of a public institution who applies for benefits prior to their release from the institution and who is entitled to expedited service, the date of filing of the individual's SNAP application is the date of release of the applicant from the institution.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.4 Non-Financial Requirements

1.4.1Residency

A.A household must be living in the project area where it files an application for participation.

1.No individual may participate as a member of more than one (1) household or in more than one (1) project area in any month unless an individual is a resident of a shelter for battered persons and children as defined in § 1.4.8 of this Part and was a member of a household containing the person who had abused her or him.

a.Residents of shelters for battered persons and children are handled in accordance with § 1.4.8 of this Part.

2.Residency must not be interpreted to mean domicile which is sometimes defined as the legal place of residence or principal home.

3.No durational residency requirements must be imposed.

a.An otherwise eligible household must not be required to reside in a permanent dwelling or have a fixed mailing address as a condition of eligibility.

b.Residency must not mean an intent to permanently reside in the State. However, a person in the State solely for vacation must not be considered a resident.

1.4.2Citizenship and Eligible Non-Citizen Status

A.To be eligible to receive SNAP benefits, an individual must be one of the following:

1.A citizen or national of the United States as described in § 1.4.2(C) of this Part;

2.An eligible non-citizen lawfully admitted for permanent residence as an immigrant as defined by sections 101(a)(15) and 101(a)(20) of the Immigration and Nationality Act, excluding, among others, alien visitors, tourists, diplomats, and students who enter the United States temporarily with no intention of abandoning their residence in a foreign country.

B.A household with a member who is not a citizen of the United States or an eligible non-citizen must not be prevented from applying and, if eligible, receiving benefits for the remaining eligible members of the household.

C.For SNAP purposes, a citizen of the United States is defined as an individual born in one (1) of the fifty (50) States, the District of Columbia, Puerto Rico, Guam, or the Virgin Islands.

1.Nationals from American Samoa and Swain's Island are considered United States citizens for SNAP purposes.

2.Naturalized citizens are also considered citizens since they hold the same status as citizens.

D.Eligible Non-Citizens

1.Eligibility for participation in the Supplemental Nutrition Assistance Program depends on the non-citizen meeting certain conditions and requirements.

2.The following non-citizens may be eligible to participate in the SNAP and are not subject to the five (5) year waiting period after adjusting their status to LPR.

a.Certain American Indians born abroad: American Indians born in Canada living in the U.S. under § 289 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1359, or non-citizen members of a Federally recognized Indian tribe under § 4(e) of the Indian Self-Determination and Education Assistance Act (Pub. Law 93-638); and

b.Hmong or Highland Laotian tribal members: Individuals lawfully residing in the U.S. who was a member of a Hmong or Highland Laotian tribe that rendered assistance to U.S. personnel by taking part in a military or rescue operation during the Vietnam era (August 5, 1964 – May 7, 1975), as outlined in 7 C.F.R 273.4(a)(4)(i).

(1)This category includes the spouse (or un-remarried surviving spouse) or unmarried dependent children of these individuals.

c.Amerasian immigrants: individuals granted lawful permanent residence under a special statute enacted in 1988 for Vietnamese Amerasians as defined under § 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in § 101(c) of Pub. Law 100-202 and amended by the 9th proviso under Migration and Refugee Assistance in Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989, Pub. Law 100-461, as amended);

d.Iraqi and Afghan Special Immigrants (SIV): Iraqi and Afghan special immigrants who have been granted special immigrant status under § 101(a)(27) of the INA who have worked on behalf of the U.S. government in Iraq or Afghanistan. The Department of Defense Appropriations Act of 2010 (DoDAA), Pub. Law 111-118 § 8120, enacted on December 19, 2009, provides that SIVs are eligible for all benefits to the same extent and the same period of time as refugees.

e.Certain Afghan Nationals Granted Parole Between July 31, 2021, and September 30, 2023.

f.Certain Ukrainian Nationals Granted Parole Between February 24, 2022, and September 30, 2024.

g.Refugees: Refugees admitted to the United States under § 207 of the INA.

h.Asylees: Individuals granted asylum under § 208 of the INA.

i.Deportation withheld: individuals whose deportation is being withheld under § 243(h) of the INA (as in effect before April 1, 1997), or removal is withheld under § 241(b)(3) of the INA

j.An individual who has been granted the status of Cuban and Haitian entrant, as defined in section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law 96–422).

k.An individual who lawfully resides in the United States in accordance with a Compact of Free Association (COFA) referred to in section 402(b)(2)(G) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

l.Victims of Severe Trafficking: Victims under the Trafficking Victims Protection Act of 2000 (Pub. Law 106-386).

3.The following qualified non-citizens are eligible to participate in the SNAP after adjusting their status to LPR and are not subject to the five (5) year waiting period provided they meet the criteria specified in § 1.4.2 (D) (4) and all other eligibility requirements are met.

a.Conditional Entrants: Individuals granted conditional entry under § 203(a)(7) of the INA as in effect before April 1, 1980.

b.Battered Non-Citizens: Under certain circumstances, a battered non-citizen spouse or child, non-citizen parent of a battered child or a non-citizen child of a battered parent with a petition pending under §§ 204(a)(1)(A) or (B) or 244(a)(3) of the INA.

c.Parolees: Individuals paroled into the United States under § 212(d)(5) of the INA for at least one (1) year

4.To be eligible to receive SNAP benefits, LPRs must meet one (1) of the following additional conditions:

a.Five (5) years of residence: has lived in the U.S. as a qualified non-citizen for five (5) years from the date of entry; or

b.Forty (40) qualifying work quarters (this condition can only be met by individuals who are LPRs):

(1)An LPR who can be credited with forty (40) qualifying quarters of work under the Social Security system (credits may be earned individually, in combination with a spouse and in some circumstances a parent); or

c.Blind or disabled: Individuals who have been determined blind or disabled and are receiving benefits or assistance for their condition; or

d.Elderly Non-citizens: elderly individuals born on or before August 22, 1931 and lawfully residing in the United States on August 22, 1996; or

e.Military connection: an individual who is lawfully residing in a State and is on active duty in the military (excluding National Guard) or is an honorably discharged veteran whose discharge is not because of immigration status (includes spouse, surviving spouse if not married, and unmarried dependent children).

(1)A discharge “Under Honorable Conditions”, which is not the same as an honorable discharge, does not meet this requirement; or

f.Child under eighteen (18): Qualified non-citizen children under eighteen (18) years of age.

5.Undocumented Non-Citizens

a.When a household is unable, or unwilling, to provide documentation of non-citizen status for any household member, that member is classified as an ineligible non-citizen.

b.In such cases the agency representative does not continue efforts to obtain documentation and does not report him/her to the U.S. Citizenship and Immigration Services (USCIS) office. Only in those instances where the agency representative has seen the deportation notice can the immigrant be reported to the USCIS office.

6.Certification of Remaining Household Members

a.A non-citizen is ineligible for SNAP benefits until acceptable verification is provided unless:

(1)A copy of a document provided by the non-citizen has been submitted to USCIS for verification. Pending such verification, the agency cannot reduce, delay, deny or terminate the immigrant's benefits on the basis of the individual's immigration status; or

(2)A request has been submitted to the Social Security Administration (SSA) for information regarding the number of quarters of work that can be credited to the individual, SSA has responded that the individual has fewer than forty (40) quarters, and the individual provides documentation from SSA that SSA is conducting an investigation to determine if more quarters can be credited.

(AA)If SSA indicates that the number of qualifying quarters that can be credited is under investigation, the agency must certify the individual pending the results of the investigation for up to six (6) months from the date of the original determination of insufficient quarters; or

(BB)The non-citizen applicant or the agency representative has submitted a request to a Federal Agency for verification of information which bears on the non-citizen's eligible non-citizen status. The agency representative must certify the individual pending the results of the investigation for up to six (6) months from the date of the original request for verification.

b.In all other situations, while awaiting acceptable verification, the non-citizen member(s) of the household whose status is questionable is not eligible. The non-citizen(s) with unverified status must be considered an ineligible member(s) and the eligibility of the remaining household members (if any) must be determined as defined in § 1.5.6 of this Part.

(1)The income and resources of the ineligible non-citizen must be treated in the same manner as an ineligible individual, and must be considered available in determining the eligibility of any remaining members.

(2)Cash payments from the ineligible non-citizen member(s) to the household are considered income under the normal income standards found in § 1.5.6 of this Part.

(3)If the agency representative determines from discussions with the household that the non-citizen either does not wish to contact USCIS, or does not give the agency representative permission to make the contact for him/her, the household is given the option of withdrawing its application or participating without the non-citizen member.

(AA)However, should the agency representative subsequently receive verification of eligible non-citizen status, the agency representative must act on the information as a reported change in household membership in accordance with the timeliness standards set in § 1.13.1 of this Part.

1.4.3Drug Addicts/Alcoholics in Treatment Programs

A.Members of eligible households, including single-person households, who are narcotics addicts or alcoholics and who regularly participate in a drug or alcoholic treatment and rehabilitation program on a non-resident basis may use SNAP benefits to purchase food prepared for them during the treatment program by a publicly operated community mental health center or private, non-profit organization or institution authorized by FNS as a retailer or certified by the appropriate State agency, including that agency's determination that the center is a non-profit organization.

1.A drug addiction or alcoholic treatment and rehabilitation program means any drug addiction or alcoholic treatment and rehabilitation program conducted by a publicly operated community mental health center or private non-profit organization or institution under the Public Health Service Act, 42 U.S.C. § 300x et seq.

a.It also must be certified by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals (BHDDH) which is responsible for the state's programs for alcoholic and drug addicts under the licensing provisions of Title XIX of the Public Health Service Act as providing treatment that can lead to the rehabilitation of drug addicts or alcoholics.

2.If an alcoholic treatment and rehabilitation program is located in an Indian reservation and the State does not certify or license reservation-based centers, approval to participate may be granted and the program either is funded by the National Institute on Alcohol Abuse and Alcoholism (NIAAA), or was so funded and has subsequently been transferred to Indian Health Service (IHS) funding.

3.In addition, the certification of such programs wishing to redeem through wholesalers the SNAP benefits received from or on behalf of their participants, may be authorized by FNS as retailers and show that the treatment program meets the standards required of treatment programs under the supervision of the Department of BHDDH.

a.Approval to participate is automatically withdrawn once a treatment and rehabilitation program no longer meets the criteria which would make it eligible for funding under Part B of Title XIX of the Public Health Service Act (42 U.S.C. § 300x et seq.).

b.Resident members (and their children living with them) of such rehabilitation program centers may also voluntarily elect to participate in the program but must do so through an authorized representative.

4.Residents of treatment centers apply and are certified through the use of an authorized representative who is an employee of and designated by the publicly operated or private non-profit organization or institution that is administering the treatment and rehabilitation program.

a.The organization or institution applies on behalf of the addict or alcoholic's household and receives and spends the SNAP allotment for food prepared by and/or served to the addict or alcoholic together with her or his child(ren) who live with the individual.

5.Individuals (and their children living with them) who are residents of addict/alcoholic treatment centers must be certified using the same provisions that apply to all other applicant households except that certification is completed through use of the authorized representative.

a.Prior to certifying any resident(s) for SNAP benefits, the agency must verify that the treatment center is authorized by FNS as a retailer if the center wishes to redeem SNAP benefits through a wholesaler or, if not authorized by FNS as a retailer, that it is under Part B of Title XIX of the Public Health Service Act (42 U.S.C. § 300x et seq.) "Under Part B of Title XIX of the Public Health Service Act" is defined as meeting the criteria which would make it eligible to receive funds, even if it does not actually receive funding under Part B of Title XIX.

6.The room payments made to a treatment center are considered shelter costs. When a treatment center charges one (1) fee which includes both room and board, the agency representative must obtain from the treatment center the actual room portion of the room and board fee.

7.When normal processing standards apply, the agency representative completes the verification and documentation requirements prior to making an eligibility determination for the initial application.

8.For those residents of treatment centers who are entitled to expedited service, the agency representative must make benefits available through the EBT card no later than seven (7) calendar days following the filing date.

9.Resident households have the same rights to notices of adverse action, hearings, and entitlement to lost benefits as do all other SNAP households.

10.Regular participants in a drug addiction or alcoholic treatment and rehabilitation program, either on a resident or non-resident basis, are exempt from work registration requirements.

11.If the information is questionable, the regular participation of an addict or alcoholic in a treatment program must be verified through the organization or institution operating the program before granting the exemption.

a.To be considered questionable, information on the application must be inconsistent with statements made by the applicant, other information on this application or previous applications or information known to or received by the agency representative prior to certification.

12.Each treatment and rehabilitation center must provide the appropriate agency representative with a list of currently participating residents on a monthly basis. This list must include a statement signed by a responsible center official attesting to the validity of the list.

a.Once the household leaves the treatment center, the center is no longer allowed to act as the household's authorized representative.

b.The treatment center must provide the household, if possible, with a change report form which is used to report the household's new address and other circumstances after leaving the center.

c.The center must advise the household to return the form to the appropriate certification office within ten (10) days.

d.The treatment center must notify the agency representative of changes in the household's income or other household circumstances. The treatment center must also inform the agency representative when the addict or alcoholic leaves the treatment center.

13.The agency establishes a claim for the over issuance of food benefits on behalf of resident clients if any over issuance is discovered during an investigation or hearing procedure for redemption violations.

14.If FNS disqualifies an organization or institution as an authorized retail food store, the agency suspends its authorized representative status for the same period.

15.An agency representative should conduct periodic random on-site visits to treatment centers to assure the accuracy of the listings and that the certification agency's records are consistent and up to date.

1.4.4Households with a Member on Strike

A.For SNAP purposes, a striker is any person involved in a strike or concerted work stoppage by employees (including a stoppage by reason of the expiration of a collective bargaining agreement) and any concerted slowdown or other concerted interruption of operations by employees.

1.Any employee affected by a lockout, however, must not be deemed to be a striker. Further, an individual who goes on strike and who is exempt from work registration in accordance with as described in § 1.11.1 of this Part, the day prior to the strike (other than those exempt solely on the grounds that they are employed) must not be deemed to be a striker. Examples of non-strikers who are eligible for participation in the program include, but are not limited to:

a.Employees whose workplace is closed by an employer in order to resist demands of employees (e.g., a lockout);

b.Employees unable to work as a result of striking employees (e.g., truck drivers who are not working because striking newspaper pressmen prevent newspapers from being printed); and,

c.Employees who are not part of the bargaining unit on strike but who do not want to cross a picket line due to fear of personal injury or death.

2.A household with a striking member is ineligible to participate in the program unless the household was eligible for benefits on the day prior to the strike and is otherwise eligible at the time of application. However, such a household must not receive an increased allotment as the result of a decrease in the income of the striking member of the household.

a.Pre-strike eligibility is determined by considering the day prior to the strike as the day of application and assuming the strike did not occur.

(1)Eligibility at the time of application must be determined by comparing the striking member's monthly income before the strike to the striking member's current monthly income and adding the higher of the two (2) to the current income of non-striking members during the month of application.

(2)To determine benefits (and eligibility for a household subject to the net income eligibility standard), deductions must be calculated for the month of application as for any other household.

(3)Whether the striker's pre-strike earnings are used or the individual's current earnings are used, the earned income deduction is allowed, if appropriate.

b.Vehicles normally exempt for equity value because they are used for commuting do not lose this exclusion during the strike.

3.A striker whose household is eligible to participate under the criteria in this Section is subject to the work registration requirements in § 1.11 of this Part, unless exempt under § 1.11.1 of this Part on the day of application.

1.4.5Migrant Farm Laborers

A.Since migrant farm laborers usually have little or no income when entering an area, they may qualify for expedited service as discussed in § 1.3.9 of this Part. Also see § 1.3.9 of this Part for handling income for migrant farm laborers.

1.Particular attention should be paid to real property in the home-base area. Each applicant household is permitted one (1) home and lot as an exemption from resources.

a.As noted in § 1.5.7 of this Part, shelter costs for the home when not occupied by the household because of employment may be allowed under certain circumstances.

(1)To be included in the household's shelter costs, the household must intend to return, the current occupants of the home, if any, must not be claiming the shelter costs, and the home must not be leased or rented. Verification requirements for those expenses are discussed in § 1.5.7 of this Part.

b.Additionally, the eligibility technician should explore the possibility that out-of-State real property is being rented or is producing income in some way. If such property is producing income, such income must be added to all other household income in determining eligibility and basis of issuance.

2.Employable members of migrant households who are not employed at least thirty (30) hours a week or receiving weekly earnings equal to the Federal minimum wage multiplied by thirty (30) hours must register for and accept suitable employment in the same manner as other persons.

3.When the household receives one (1) payment which includes the income of migrant children under eighteen (18) years of age who are students, the child’s/student’s income must be differentiated from the rest of the household's income.

a.Unless income can be identified as being earned specifically by the student, the agency representative must pro-rate the income equally among the number of household members working and exclude that portion allotted to the student. This provision applies to students who are currently attending school and those who plan to return to school after academic breaks. Individuals are considered children for purposes of this provision if they are under the parental control of another household member.

1.4.6School Employees

A.Households that derive their annual income in a period of time shorter than one (1) year should have that income averaged over a twelve (12) month period, provided the income is not received on an hourly or piecework basis. This provision may include teachers and other school employees who are under a contract which is renewable on an annual basis.

1.Such members are considered to receive compensation for an entire year even though pre-determined non-work periods are involved, or actual compensation is scheduled for payment during the work periods only.

2.The annual income household members received from contractual employment is averaged over a twelve (12) month period to determine the member's average monthly income.

a.To determine household eligibility, all other monthly income from other household members is added to this average monthly income, and income exclusions and deductions are applied in the normal manner.

b.Once eligibility has been determined, the annualized income may be averaged or pro-rated over the twelve (12) months before adding it to other monthly income to determine the household's basis of issuance during the certification period.

(1)This provision does not apply to recipients of emergency SNAP assistance, in situations where the other party to the contract cannot or will not make payments specified in the contract or where labor disputes interrupt the flow of earnings specified in the contract.

(2)If, during non-work periods, the person under contract receives weekly earnings at least equal to the Federal minimum wage, the individual is exempt from work registration.

1.4.7Residents of Group Living Arrangements

A.Disabled or blind (see definitions in § 1.4.11 of this Part) residents of a group living arrangement, as defined in § 1.2.12 of this Part, may voluntarily apply for the SNAP.

1.If these residents apply through the use of the facility's authorized representative, their eligibility shall be determined as one (1) person households.

2.If the residents apply on their own behalf, the household size is in accordance with the definition in § 1.2.12 of this Part.

3.The agency certifies these residents using the same provisions that apply to all other households.

4.Prior to certifying any residents for SNAP benefits, the agency must verify that the group living arrangement is authorized by FNS or is certified by the Department of BHDDH, including that agency's determination that the group living arrangement is a non-profit organization.

B.Eligible residents of a group living arrangement, acting on their own behalf, may use benefits issued to them to purchase meals prepared especially for them at a group living arrangement if the facility is authorized by FNS for that purpose.

1.The group living arrangement may purchase and prepare food to be consumed by eligible residents on a group basis if residents normally obtain their meals at a central location as part of the group living arrangement services or if meals are prepared at a central location for delivery to the individual residents.

2.If residents purchase and/or prepare food for home consumption, as opposed to communal dining, the group living arrangement must ensure that each resident's SNAP benefits are used for meals intended for that resident.

C.The same provisions applicable to drug and alcoholic treatment centers in § 1.2.12 of this Part also apply when a group living arrangements acts as an authorized representative.

1.These provisions, however, are not applicable if a resident has applied on their own.

D.The same provisions applicable in § 1.2.12 of this Part to residents of treatment centers also apply to blind or disabled residents of group living arrangements who receive benefits under Title II or Title XVI of the Social Security Act, 42 U.S.C. Chapter 7, when the facility acts as the resident’s authorized representative.

E.Any group living arrangements wishing to redeem SNAP benefits directly through wholesalers must be authorized by FNS as retail food stores.

1.The group living arrangement must be certified by the Department of BHDDH under Regulations issued under § 1616(e) of the Social Security Act, U.S.C. Title 42.

a.Approval to participate is automatically cancelled at any time that a program loses its certification from BHDDH. In such a situation, the household is not entitled to a notice of adverse action.

2.Each group living arrangement must provide the agency with a list of currently participating residents.

a.This list must include a statement signed by a responsible official of the facility attesting to the validity of the list.

3.If the group living arrangement is acting in the capacity of an authorized representative, the group living arrangement must notify the agency of changes in the household’s income or other household circumstances and when the individual leaves the group living arrangement.

4.If a resident, or a group of residents, applies on her or his own behalf, and if they retain use of the benefits, these individuals are entitled to the benefits when they leave.

a.The household is responsible for reporting the changes in household circumstances to the agency representative.

b.The resident applying on their own behalf is responsible for any over issuance in the same manner as any other household.

1.4.8Shelters for Battered Persons and Children

A.Prior to certifying its residents, it must be determined that the shelter for battered persons and children meets the definition in § 1.1.12(A)(6) of this Part and the basis for this determination must be documented.

1.Shelters having FNS authorization to redeem at wholesalers are considered to meet this definition and it is not required to make any further determination.

a.Each certifying office is required to maintain a list of shelters meeting the definition to facilitate prompt certification of eligible residents.

2.The battered person’s former household may be certified for participation in the program, and its certification may be based on a household size that includes the battered person and child(ren) who have just left.

a.A shelter resident who is included in such a certified household may, nevertheless, apply for and (if otherwise eligible) participate in the program as a separate household if such certified household which included them is the household containing the person who subjected them to abuse.

b.Shelter residents who are included in such certified households may receive an additional allotment as a separate household only once a month.

c.Shelter residents who apply as separate households are certified solely on the basis of their income and resources and the expenses for which they are responsible. They are certified without regard to the income, resources and expenses of their former household.

d.Jointly-held resources are only considered inaccessible in accordance with § 1.5.5(F) of this Part.

e.Room payments to the shelter are considered as shelter expenses.

3.Any shelter residents eligible for expedited service must be handled in accordance with the processing standards set forth in § 1.3.9 of this Part.

1.4.9Homeless SNAP Households

A.Homeless households are permitted to use their SNAP benefits to purchase prepared meals from authorized homeless meal providers.

1.Definitions of terms are:

a.A homeless individual is defined as an individual who lacks a fixed and regular nighttime residence including, but not limited to, an individual who will imminently lose their nighttime residence or an individual whose primary nighttime residence is:

(1)A supervised shelter designed to provide temporary accommodations such as an emergency congregate or hotel shelter;

(2)A halfway house or similar institution which provides temporary residence for individuals intended to be institutionalized;

(3)A temporary accommodation in the residence of another individual for not more than ninety (90) days; or

(4)A place not designed for, or ordinarily used, as a regular sleeping accommodation, such as a hallway, bus station, a lobby or similar places.

b.A homeless Meal Provider is a public or private non-profit establishment, approved by the DHS, which feeds homeless individuals.

(1)Examples of such establishments are soup kitchens and temporary shelters.

2.FNS will authorize as retail food stores those homeless meal providers who apply and qualify for authorization to accept EBT SNAP benefits from homeless SNAP recipients.

a.Such meal providers must be public or private non-profit organizations; must serve meals which include food purchased by the meal provider; must be authorized by FNS as retail food stores; and must be approved by DHS as providers of meals to homeless individuals.

b.A homeless meal provider is responsible for obtaining approval from DHS and must provide written documentation of such approval to FNS prior to approval of the provider’s application for authorization.

(1)If such approval is subsequently withdrawn, FNS authorization is also withdrawn.

c.Homeless meal providers serving meals which consist wholly of donated food are not eligible for authorization.

1.4.10Pre-Release Applicants

A.A household consisting of a resident or residents of a public institution(s) and applying for SSI under the SSA's Pre-release Program for the Institutionalized, must be allowed to apply for SNAP benefits at the same time prior to the release from the institution.

1.Such a household is certified in accordance with § 1.2.9 of this Part.

1.4.11Elderly or Disabled Household Members

A.Elderly or disabled member means a member of a household who:

1.Is sixty (60) years of age or older. If a household contains a member who is fifty-nine (59) years old on the date of application, but who will become sixty (60) before the end of the month of application, the individual is considered an elderly household member;

2.Receives (or is certified to receive) SSI income benefits under the Social Security Act, 42 U.S.C. §§ 1381 through 1383d, or disability or blindness payments under Titles I, II, X, XIV, or XVI of the Social Security Act;

3.Receives federally or State-administered supplemental benefits under § 1616(a) of the Social Security Act, U.S.C. Title 42, interim assistance pending receipt of SSI, disability-related Medicaid under Title XIX of the Social Security Act, or disability-based GPA, provided that the eligibility to receive the benefits is based upon the disability or blindness criteria used under Title XVI of the Social Security Act;

4.Receives federally or State-administered supplemental benefits under § 212(a) of Pub. Law 93-66;

5.Receives disability retirement benefits from a governmental agency because of a disability considered permanent under § 221(i) of the Social Security Act, 42 U.S.C. § 421;

6.Is a veteran who has a service-connected or non-service-connected disability which is rated total under U.S.C. Title 38; or is considered in need of regular aid and attendance or permanently housebound under such Title;

7.Is a surviving spouse of a veteran and considered by the VA to be in need of aid and attendance or permanently housebound under U.S.C. Title 38; or is entitled to compensation for a service-connected death or pension benefits for a non-service-connected death under U.S.C. Title 38 and has a disability considered permanent under § 221(i) of the Social Security Act;

8.Is a surviving child of a veteran and is considered permanently incapable of self-support under U.S.C. Title 38; or is entitled to compensation for a service-connected death or pension benefits for a non-service-connected death under U.S.C. Title 38 and has a disability considered permanent under § 221(i) of the Social Security Act. "Entitled" as used in this definition refers to those veterans' surviving spouses and children who are receiving the compensation or benefits stated or have been approved for such payments, but are not receiving them; or

9.Receives an annuity payment and is determined to be eligible to receive Medicare by the Railroad Retirement Board under the Railroad Retirement Act of 1974, 45 U.S.C. § 231(a) and is determined to be disabled based upon the criteria used under Title XVI of the Social Security Act, 42 U.S.C. Chapter 7.

1.4.12Social Security Number (SSN) Requirements

A.A household participating, or applying for participation in the SNAP, is required to provide the agency with the SSN for each household member or apply for one before certification.

1.If an individual has more than one (1) number, all numbers are required.

2.The agency representative must explain to applicants and participants that refusal to provide an SSN will result in the disqualification of the individual for whom an SSN is not obtained in accordance with § 1.4.12(B) of this Part.

3.Ineligible immigrant (non-citizen) household members required by § 1.2.5 of this Part to be included as a household member, can be designated as non-applicants for the purposes of providing a Social Security Number to the agency.

4.Non-applicant household members do not have to provide the agency with an SSN when applying for the U.S. Citizen children. Such members, however, must comply with all required information on income and resources.

B.If the agency determines that a household member has refused or failed without good cause to provide or apply for an SSN, then the individual is ineligible to participate in the SNAP.

1.The disqualification applies to the individual(s) for whom the SSN is not provided and not to the entire household.

2.The earned or unearned income of an individual disqualified from the program for failure to comply with this requirement must be considered as outlined in § 1.5.6 of this Part.

3.The household member disqualified may become eligible upon providing the agency with an SSN. Completion of the SS-5 is sufficient to end a disqualification due to failure to comply with the SSN requirement.

C.In determining if good cause exists for failure to comply with the requirement to apply for or provide the agency with an SSN, the agency representative considers information from the household member, the SSA, and the agency (especially if the agency either did not process the SS-5 or did not process it in a timely manner).

1.Documentary evidence or collateral information indicating the household member has applied for the SSN or made every effort to supply SSA with the necessary information must be considered good cause for not complying with this requirement.

2.Good cause does not include delays due to illness, lack of transportation or temporary absence, because the SSA makes provision for mail-in applications in lieu of applying in person.

3.If the household member can show good cause why an application for an SSN has not been completed in a timely manner, that person is allowed to participate for one (1) month in addition to the month of application.

4.If the household member applying for an SSN has been unable to obtain the documents required by SSA, the agency representative should make every effort to assist the individual in obtaining these documents.

5.Good cause for failure to apply must be shown monthly in order for such a household member to continue to participate. Once an application has been filed, the agency must permit the member to continue to participate pending notification to the agency of the household member's SSN.

D.The agency is authorized to use Social Security Numbers in the administration of the SNAP. To the extent determined necessary by USDA and HHS, the agency has access to information regarding individual SNAP applicants and participants who receive benefits under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381 through 1383(d):

1.To determine such household's eligibility to receive assistance, and the amount of assistance;

2.To verify information related to the benefits of these households;

3.To use the State Data Exchange (SDX) to the maximum extent possible;

4.To prevent duplicate participation;

5.To facilitate mass changes in Federal benefits;

6.To determine the accuracy and/or reliability of information given by households; and

7.To request and exchange information on individuals through the Income and Eligibility Verification System (IEVS).

1.4.13Student Eligibility Requirements

A.In order to be eligible to participate in the Supplemental Nutrition Assistance Program, any student must meet at least one (1) of the following criteria:

1.Under age eighteen (18) or age fifty (50) or older;

2.Not physically or mentally fit;

3.Employed and paid for an average of twenty (20) hours per week over the period of a month and receiving weekly earnings at least equal to the Federal minimum wage multiplied by twenty (20) hours;

4.Receiving RI Works;

5.Responsible for the care of a child under age six (6);

6.Enrolled full-time in an institution of higher education and is a single parent with responsibility for the care of a dependent child under age twelve (12) (regardless of the availability of child care);

7.Responsible for the care of a dependent child above the age of five (5) and under the age of twelve (12) for whom adequate child care is not available to enable the individual to attend class and work an average of twenty (20) hours per week or participate in a State or federally financed work study program;

8.Participating in a State or federally funded work study program (funded under Part C of Title IV of the Higher Education Act of 1965) during the regular school year;

a.To qualify under this provision, the student must be approved for work study at the time of application for SNAP, the work study must be approved for the school term, and the student must anticipate actually working during that time. The exemption shall begin with the month in which the school term begins, or the month work study is approved, whichever is later. Once begun, the exemption shall continue until the end of the month in which the school term ends, or it becomes known that the student has refused an assignment.

b.The exemption shall not continue between terms when there is a break of a full month or longer unless the student is participating in work study during the break.

9.Participating in one (1) of the following programs whether assigned to, placed in, or voluntarily enrolled.

a.The Workforce Innovation and Opportunity Act (WIOA) program (Pub. Law 113-128);

b.An employment or training program subject to the condition that the course or program of study is:

(1)Part of a program of career and technical education as defined in § 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (as amended through Pub. Law 115-224), designed to be completed in not more than four (4) years at an institution of higher education as defined in § 102 of the Higher Education Act (HEA) of 1965 (Pub. Law 910-315); or

(2)Limited to remedial courses, adult basic education, literacy, or English as a second (2nd) language;

c.A program under § 236 of the Trade Act of 1974 (Pub. Law 93-618); or

d.A State or local government employment and training program where one (1) or more of the components of such program is at least equivalent to an acceptable SNAP employment and training program component as specified in 7 C.F.R. § 273.7(e)(1).

(1)Using the criteria in 7 C.F.R. § 273.7(e)(1), State agencies shall make the determination as to whether or not the programs qualify.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.5 Financial Requirements

1.5.1Categorical Eligibility

A.The following households are considered categorically eligible for SNAP benefits:

1.A household in which all members receive or are authorized to receive RI Works cash assistance.

2.A household in which all members receive or are authorized to receive SSI.

3.A resident of a public institution who applies jointly for SSI and SNAP benefits prior to their release from the institution is not categorically eligible for SNAP benefits upon a finding by SSA of potential SSI eligibility prior to release.

a.This individual is considered categorically eligible at such time as a final SSI eligibility determination has been made and the individual has been released from the institution.

4.A household whose RI Works or SSI benefits are suspended or being recouped.

5.A household entitled to RI Works benefits but is not paid such benefits because the grant is less than ten dollars ($10.00).

6.A household in which all members receive or are authorized to receive General Public Assistance (GPA) benefits.

7.A household (including related children) authorized to receive a TANF-funded service.

a.A TANF-funded service includes receipt of the Rhode Island Department of Human Services TANF Information Publication.

b.These households must meet the Gross Monthly Income Standards (Table IV or Table V in § 1.15 of this Part) in order to be eligible for a TANF-funded service, and will receive a benefit as long as the normal benefit calculation (the Thrifty Food Plan amount for the household’s size reduced by thirty percent (30%) of the household’s net income in Table II in § 1.15 of this Part) results in a positive benefit amount.

(1)Households with three (3) or more members which would not receive a benefit will be denied.

(2)Categorically eligible households of one (1) and two (2) will receive at least the minimum monthly benefit of twenty-three dollars ($23.00) after the calculation is completed.

B.RI Works and GPA Households

1.To facilitate participation in the program, households in which members are applying for RI Works and/or GPA (PA households) must be allowed to complete a joint application for SNAP benefits at the same time they apply for such assistance. These households' SNAP eligibility and benefit levels are based solely on SNAP eligibility criteria.

2.The joint application processing procedures in this Section are used for a SNAP household in which some members are receiving RI Works and/or GPA and others are receiving SSI.

a.A household consisting of some members who are receiving RI Works/GPA/SSI and some not receiving assistance also may file a joint application for SNAP benefits.

3.Categorical eligibility must also be assumed at recertification in the absence of a timely RI Works redetermination.

C.Reporting Changes

1.Households are not required to report changes in the assistance payment grant. Since the agency representative has prior knowledge of all changes in the assistance payment grant, action must be taken on this information.

2.Except for PA grant changes, PA households must report changes within ten (10) days.

a.PA households which report a change in circumstances to the PA worker are considered to have reported the change for SNAP purposes.

3.A household must be notified whenever its benefits are altered as a result of changes in the PA benefits. Adequate time for the agency representative to send a notice of expiration and for the household to timely reapply must be allowed.

4.Whenever a change results in the reduction or termination of the household's PA benefits within its SNAP certification period, and the agency representative has sufficient information to determine how the change affects the household's SNAP eligibility and benefit level, the agency representative takes the following actions:

a.If a change in household circumstances requires both a reduction or termination in the PA payment and a reduction or termination in SNAP benefits, the agency representative must issue a notice of adverse action for both the PA and SNAP actions.

b.If the household requests a hearing within the period provided by the notice of adverse action, the household's SNAP benefits should be continued on the basis authorized immediately prior to sending the notice.

c.If the hearing is requested for both programs' benefits, the hearing is conducted according to PA procedures and timeliness standards. However, the household must reapply for SNAP benefits if the SNAP certification period expires before the hearing process is completed.

d.If the household does not appeal, the change is made effective in accordance with the procedures specified in § 1.13.1(D) of this Part.

5.If the household's SNAP benefits are increased as a result of the reduction or termination of PA benefits, the agency representative issues the PA notice of adverse action, but does not take any action to increase the household's SNAP benefits until the household decides whether it will appeal the adverse PA action.

a.If the household decides to appeal and its PA benefits are continued, the household's SNAP benefits may continue at the previous basis.

b.If the household does not appeal, the agency representative makes the change effective in accordance with the procedures specified in § 1.13.1 of this Part except that the time limits for the agency representative to act on changes which increase a household’s benefits are calculated from the date the PA notice of adverse action period expires.

6.Whenever a change results in the termination of a household’s PA benefits within its SNAP certification period, and the agency representative does not have sufficient information to determine how the change affects the household’s SNAP eligibility and benefit level, the agency representative does not terminate the household’s SNAP benefits but instead takes the following action:

a.If the situation requires a reduction or termination of PA benefits, the agency must issue a request for documentation at the same time it sends a PA notice of adverse action.

b.Before taking further action, the agency must wait until the household’s PA notice of adverse action period expires or until the household requests a fair hearing, whichever occurs first.

c.If the household requests a fair hearing and elects to have its PA benefits continued pending the appeal, the agency must continue the household’s SNAP benefits at the same level.

d.If the household decides not to request a fair hearing and continuation of its PA benefits, the agency must resume action on the changes.

e.If the situation does not require a PA notice of adverse action, the agency must issue a request for documentation. Depending on the household’s response to the request for documentation, the agency must take appropriate action, if necessary, to close the household’s case or adjust the household’s benefit amount.

D.Mass Changes in Public Assistance

1.When an overall adjustment to public assistance payments is made, corresponding adjustments in household SNAP benefits are handled as a mass change.

2.When there is at least thirty (30) days advance knowledge of the amount of the public assistance adjustment, SNAP benefits must be recalculated to be effective in the same month as the public assistance change.

3.If there is not sufficient notice, the SNAP change must be effective not later than the month following the month in which the public assistance change was made.

4.A notice of adverse action is not required when a household’s SNAP benefits are reduced or terminated as a result of a mass change in the public assistance grant. However, the agency sends individual notices to such households to inform them of the change.

a.If a household requests a fair hearing, benefits are continued at the former level only if the issue being appealed is that SNAP eligibility or benefits were improperly computed.

E.Deemed Eligibility Factors

1.The eligibility factors which are deemed for SNAP eligibility without the required verification because of the household’s RI Works, GPA or SSI status are:

a.The resource limit;

b.The gross and net income limits;

c.Social Security Number information;

d.Sponsored immigrant information; and

e.Residency.

2.The eligibility factors which are deemed for SNAP eligibility without the required verification because of the household’s expanded categorical eligibility status due to receipt of a TANF-funded service are:

a.The resource limit;

b.The gross and net income limits.

F.Verification of Questionable Factors

1.If any of the following factors are questionable, the agency must verify that the household which is considered categorically eligible:

a.Contains only members who are RI Works, GPA TANF-funded service (TANF Information Publication) or SSI recipients;

b.Meets the household definition (§ 1.2 of this Part);

c.Includes all persons who purchase and prepare food together in one (1) SNAP household regardless of whether or not they are separate units for RI Works, GPA or SSI purposes; and

d.Includes no person(s) who has been disqualified from the Supplemental Nutrition Assistance Program.

G.Households Not Categorically Eligible

1.Under no circumstances should any household be considered categorically eligible if any member of that household is disqualified for:

a.An intentional program violation in accordance with § 1.8 of this Part or

b.If head of household fails to comply with the work requirements in § 1.11 of this Part.

2.These households are subject to all SNAP eligibility and benefit provisions.

H.Verification Standards

1.The Department shall verify the following factors for TANF-funded service/expanded categorically eligible households:

a.The household is eligible for the TANF Information Publication by comparing the income of the household to appropriate standards for the SNAP-only TANF-funded Service household.

b.The household contains no individuals disqualified in accordance with §§ 1.9 and 1.11.5 of this Part.

c.The household composition meets the definition of a household in accordance with § 1.2 of this Part.

d.The household meets the verification requirements set forth in § 1.6 of this Part, with the exception of the requirement to verify resource information.

2.The Department shall verify the following factors for households applying for both PA and SNAP benefits.

a.Verification procedures described in § 1.6 of this Part apply to determine the household’s eligibility for SNAP benefits.

b.Verification procedures described in PA Rules apply to determine both PA and SNAP eligibility.

c.The agency representative must not delay the household’s SNAP benefits if, at the end of thirty (30) days following the date the application was filed, the agency representative has sufficient verification to meet the verification for SNAP purposes but does not have sufficient verification to meet the PA verification Rules.

I.Timeliness Standard

1.In order to determine if a household is categorically eligible due to its status as a recipient RI Works/GPA/SSI, the agency may temporarily postpone, within the thirty (30) day processing standard, the SNAP eligibility determination if the household is not entitled to expedited service and appears to be categorically eligible.

a.The agency should postpone denying a potentially categorically eligible household until the thirtieth (30th) day in case the household is determined eligible for RI Works, GPA and/or SSI benefits.

b.Once the RI Works, GPA and/or SSI application is approved, the household is considered categorically eligible if it meets all the categorically eligible criteria in this Subsection.

2.Action on the SNAP portion of the application must not be delayed, nor may the application be denied on the grounds that the PA determination has not been made.

a.If the agency can anticipate the amount and the date of receipt of the initial PA payment but the payment is not received until a subsequent month, the agency must vary the household’s SNAP benefit level according to the anticipated receipt of the payment and so notify the household.

b.The portion of the initial PA payment intended to retroactively cover a previous month is disregarded as a lump sum payment.

c.If the amount or date of receipt of the initial PA payment cannot be reasonably anticipated at the time of the SNAP eligibility determination, the PA payment must be handled as a change in circumstances.

(1)However, the agency is not required to send a notice of adverse action if the receipt of the PA grant reduces, suspends or terminates the household’s SNAP benefits, provided the household was notified in advance that its benefits may be reduced, suspended or terminated when the PA grant is received.

J.Persons Not Considered Household Members

1.No person is included as a member in any household that is otherwise categorically eligible if that person is:

a.An ineligible non-citizen as defined in § 1.4.2 of this Part;

b.An ineligible student under the provision in § 1.2.4 of this Part; or,

c.A person who is institutionalized in a non-exempt facility as defined in § 1.2.8 of this Part.

d.A household member that refuses to comply with the work requirements.

(1)For households in receipt of a TANF-funded service, the resources of this household member continue to count in their entirety to the remaining household members.

K.Income Standards for PA Households

1.All income received by the PA household, including the RI Works, GPA, or SSI grant, any special allowances, and any other income, is counted in determining the net monthly SNAP income for basis of issuance purposes unless otherwise excludable for SNAP purposes.

2.Exemptions from income allowed under PA for purposes of grant computation are not allowed in determining income for SNAP purposes.

L.SSI/SNAP Joint Application Process

1.Households applying simultaneously for SSI and SNAP must be subject to SNAP eligibility criteria, and benefit levels must be based solely on such criteria until the household is considered categorically eligible.

a.However, households in which all members are either RI Works or SSI recipients or are authorized to receive RI Works or SSI benefits must be eligible for SNAP based on their RI Works/SSI status in accordance with the provisions for categorical eligibility for SNAP benefits.

2.When a household, with an SSI application pending, is denied SNAP benefits as a non-public assistance (NPA) household, it must be informed on the notice of denial of the possibility of categorical eligibility if the person becomes an SSI recipient.

3.The SSA will accept and complete SNAP applications received at the SSA office from SSI households and forward them, within one (1) working day after receipt of a signed application to the SNAP office. SSA must verify those items for which verification can be made at the time of the interview from either SSA records or from documents provided by the applicant.

4.The SSA also refers non-SSI households and those in which not all members have applied for or receive SSI to the SNAP office.

a.Applications from such households are considered filed on the date the signed application is taken at the SNAP office, and the normal and expedited processing time standards begin on that date.

5.The SSA must also screen all applications for entitlement to expedited services on the day the application is received at the SSA office and should mark "Expedited Processing" on the first (1st) page of all applications that appear to be entitled to such service.

a.The SSA informs households which appear to meet the criteria for expedited service that benefits may be issued sooner if the household applies directly at the SNAP office.

6.The household may take the application from SSA to the SNAP office for screening and processing of the application.

7.If SSA takes an SSI application or redetermination on the telephone from a member of a pure SSI household, a SNAP application must also be completed during the telephone interview.

a.In such cases, the SNAP application is mailed to the claimant for signature and for return to either the SSA office or the SNAP office. SSA should forward any SNAP applications it receives to the SNAP office.

8.The SSA sends a notice to SSI recipients redetermined for SSI, by mail, informing them of their right to file a SNAP application at the SSA office (if they are members of a pure SSI household) or at their local SNAP office, and their right to an out-of-office SNAP interview to be performed by an agency representative.

9.SSA distributes an information sheet, provided by the DHS, to all pure SSI households informing such households of the address and telephone number of the household’s correct SNAP office; the remaining actions to be taken in the application process; and, a statement that a household should be notified of the SNAP determination within thirty (30) days and can contact the SNAP office if it receives no notification within thirty (30) days, or has other questions or problems.

a.It also includes the client's rights and responsibilities (including fair hearings, authorized representatives, out-of-office interviews, reporting changes and timely reapplication), information on how and where to obtain SNAP benefits, and how to use SNAP benefits (including the commodities clients may purchase with the SNAP benefits).

10.Except for applications taken from residents of public institutions prior to their release, the DHS must make an eligibility determination and issue SNAP benefits to eligible SSI households within thirty (30) days following the date the application was received by the SSA.

a.Applications are considered filed for normal processing purposes when the signed application is received by SSA.

b.The expedited processing time standards begins on the date the DHS receives a SNAP application.

c.The agency must make an eligibility determination and issue SNAP benefits to a resident of a public institution who applies jointly for SSI and SNAP benefits within thirty (30) days following the date of the individual's release from the institution.

(1)Expedited processing time standards for such an applicant must also begin on the date of their release from the institution.

(2)SSA will notify the DHS of the date of the applicant’s release.

(3)If, for any reason, DHS is not notified on a timely basis of the applicant’s release, the Department must restore lost benefits, in accordance with § 1.19 of this Part, back to the date of release.

d.The DHS should not require pure SSI households to see an agency representative or to have an additional interview.

e.The SNAP application is processed by the DHS. The DHS should not contact the household further in order to obtain information for certification for SNAP benefits, unless:

(1)The application is improperly completed;

(2)Mandatory verification is missing; or,

(3)Certain information on the application is determined to be questionable.

f.In no event would the applicant be required to appear at the DHS office to finalize the eligibility determination.

g.The DHS should screen all applications received from the SSA for entitlement to expedited service on the day the application is received.

(1)All SSI households entitled to expedited service are certified in accordance with procedures explained in § 1.3.9 of this Part except that the expedited processing time standard begins on the date the application is received.

11.The DHS should ensure that information required in accordance with § 1.6 of this Part is verified prior to certification for initial application.

a.SSI benefit payments may be verified through information supplied by SSA or through verification provided by the household.

12.In jointly processed cases in which the SSI determination results in denial and the agency representative believes that SNAP eligibility or benefit levels may be affected, the agency representative sends the household a notice of expiration advising that the certification period will expire the end of the month following the month in which the notice is sent and that it must reapply if it wishes to continue to participate.

a.The notice must also explain that its certification period is expiring because of changes in circumstances which may affect SNAP eligibility or benefit levels and that the household is entitled to an out-of-office interview.

13.The agency representative must restore to the household benefits which were lost whenever the loss was caused by an error by the DHS or by the SSA office through joint processing.

a.Such an error includes, but is not limited to, the loss of an applicant’s SNAP application after it has been filed with SSA. Lost benefits are restored in accordance with § 1.19 of this Part.

14.A household member who is applying simultaneously for SSI and SNAP benefits has the requirement for work registration waived until:

a.They are determined eligible for SSI and is thereby exempt from work registration or,

b.They are determined ineligible for SSI and, when applicable, a determination of her/his work registration status must then be made through recertification procedures, or through other means.

1.5.2Income

A.Household income means all income from whatever source excluding only the items specified in § 1.5.3 of this Part.

1.Earned Income

a.The following types of income are considered earned income:

(1)Wages: All wages and salaries for services performed as an employee, including payments to individuals for providing attendant care services.

(2)Garnishments: Wages earned by a household member that are garnished or diverted by an employer and paid to a third (3rd) party for a household’s expenses, such as rent, are considered income.

(AA)However, if the employer pays a household’s rent directly to the landlord, in addition to paying the household its regular wages, this rent payment is excluded as a vendor payment.

(BB)In addition, if the employer provides housing to an employee, the value of the housing is not counted as income.

(3)Income from Excluded Household Members: The earned income of an individual excluded from the household for failure to comply with the requirement to provide an SSN, or of an individual determined to be an ineligible alien, must be counted as income, less the pro rata share for the individual.

(4)Income of Individuals Disqualified for Intentional Program Violation (IPV): The earned income of an individual disqualified from the household for an IPV must continue to be attributed in its entirety to the remaining household members. (Refer to § 1.5.6(A) of this Part)

(5)Self-Employment: The total gross income from a self-employment enterprise, including the total gain from the sale of any capital goods or equipment related to the business, excluding the costs of doing business.

(AA)Ownership of rental property is considered self-employment. However, income derived from the rental property is considered earned income only if a member of the household is actively engaged in management of the property at least an average of twenty (20) hours per week.

(BB)Payments from a roomer or boarder and returns on rental property are also self-employment income.

(6)Training Allowances: Training allowances from vocational and rehabilitative programs sponsored by Federal, State, or local governments, to the extent they are not a reimbursement, except for allowances received through programs authorized by the Workforce Innovation and Opportunity Act (WIOA) (Pub. Law 113-128) and the Federal Welfare to Work (WTW) Program.

(7)Title I: Certain Payments under Title I (VISTA, University Year for Action (UYA), etc.) of the Domestic Volunteer Service Act of 1973, (Pub. Law 93-113), must be considered earned income and subject to the earned income deduction described in § 1.5.7 of this Part and excluding any payments made on behalf of households specified under § 1.5.3 of this Part ("Vendor Payments").

(8)WIOA on-the-job-training (OJT): Earnings paid to an individual who is participating in an OJT program under the Workforce Innovation and Opportunity Act.

(AA)This provision does not apply to a household member, who is under nineteen (19) years of age and under the parental control of an adult household member, regardless of school attendance and/or enrollment.

(9)Monies which are legally obligated and otherwise payable to the household, but which are diverted by the provider of the payment to a third (3rd) party for household expenses.

(AA)Such funds include wages earned by a household member and owed to the household. If an employer owes these funds to a household diverts them instead to a third (3rd) party to pay for a household expense, these payments are still counted as income to the household.

(BB)However, if an employer makes payments for household expenses to a third (3rd) party from funds that are not owed to the household, these payments are excluded as vendor payments. (Refer to § 1.5.3 of this Part)

b.The term "earned income" does not include any portion of the income earned under a work supplementation or support program that is attributable to public assistance.

2.Unearned Income

a.The following types of income are considered unearned (this list is not inclusive):

(1)Assistance Payments

(AA)Assistance payments from federal or federally aided public assistance programs, such as SSI, RI Works, GPA or other assistance programs based on need, are considered to be unearned income even if provided in the form of a vendor payment (provided to a third (3rd) party on behalf of the household), unless the vendor payment is specifically exempt under the provisions of § 1.5.3 of this Part.

(BB)Assistance payments from programs which require as a condition of eligibility the actual performance of work without compensation other than the assistance payments themselves are considered unearned income.

(2)Pensions, Social Security

(AA)Include as income annuities, pensions, retirement, Veteran's or disability benefits, Worker's or Unemployment Insurance, Social Security benefits, including the SMI amount, or strike benefits.

(3)Support and Alimony

(AA)Any support or alimony payments made directly to the household from non-household members is counted as income.

(BB)Money deducted or diverted from a court-ordered support of alimony agreement to a third (3rd) party to pay the household's expenses are also included as income to the household.

(CC)However, payments specified by the court order or other legally binding agreement to go directly to the third (3rd) party rather than the household are excluded as vendor payments.

(DD)Support payments not required by a court order or other legally binding agreement (including payments in excess of the amount specified in a court order or written agreement) that are paid to a third (3rd) party rather than the household even if the household agrees to the arrangement are also excluded as a vendor payment.

(EE)Any Child Support Bonus paid to RI Works recipients through the Office of Child Support Services (OCSS) must be counted as unearned income for SNAP purposes.

(4)Educational Loans and Grants

(AA)Include as income educational loans on which payment is deferred, scholarships, fellowships, educational grants, veteran's educational benefits and the like in excess of amounts excluded under the provisions in § 1.5.3 of this Part.

(BB)Also, educational loans on which payment is deferred, grants, scholarships, fellowships, veterans' educational benefits and the like which are provided to a third (3rd) party on behalf of a household for living expenses, such as rent or mortgage, clothing, or food eaten at home must be treated as money payable directly to the household (unearned income) and are not excludable as a vendor payment.

(5)Managed Income

(AA)Any or part of a public assistance grant that is diverted to a third (3rd) party or to a protective payee for purposes such as but not limited to, managing a household's expenses, is considered income to the household and not excluded as a vendor payment except as provided in § 1.5.3 of this Part.

(BB)Assistance financed by State or local funds (GPA) which is provided over and above the normal RI Works or GPA payment or is not normally provided as part of such payment, is considered emergency or special assistance and is excluded if provided to a third (3rd) party on behalf of the household.

(6)Garnishments

(AA)When a household member earns wages and the wages are garnished or diverted by the employer and paid to a third (3rd) party for a household expense, such as rent, this vendor payment is counted as income.

(BB)However, if the employer pays a household’s rent directly to the landlord in addition to paying the household its regular wages, the rent payment shall be excluded as income.

(7)Grants, Interest Payments

(AA)Include as income payments from government-sponsored programs, dividends, interest, royalties, and all other direct money payments from any source which can be construed to be a gain or benefit.

(8)Income from Excluded Household Members

(AA)The unearned income of an individual excluded from the household for failure to comply with the requirement to provide an SSN, or of an individual determined to be an ineligible alien, must be counted as income, less the pro rata share for the individual. (Refer to § 1.5.6 of this Part)

(9)Certain Rental Income

(AA)Include as income the gross income, minus the cost of doing business, derived from rental property if a household member is not actively engaged in management of the property at least twenty (20) hours a week.

(10)Certain "Vendor" Payments

(AA)Include as income monies which are legally obligated and otherwise payable to the household, but which are diverted by the provider of the payment to a third (3rd) party for household expenses, are counted as income and not excluded as a vendor payment.

(BB)The distinction is whether the person or organization making the payment on behalf of a household is using funds that are otherwise payable to the household.

(i)Such funds include a public assistance grant to which a household is legally entitled, and support or alimony payments in amounts which legally must be paid to a household member.

(ii)If an agency, or former spouse who owes these funds to a household diverts them instead to a third (3rd) party to pay for a household expense, these payments are still counted as income to the household. However, if agency, former spouse or other person makes payments for household expenses to a third (3rd) party from funds that are not owed to the household, these payments are excluded as vendor payments. (Refer to § 1.5.3 of this Part)

(iii)If a SNAP household contains an elderly or disabled member, third (3rd) party energy assistance payments provided under State law do not count as income. However, if the household does not contain an elderly or disabled member, the agency must continue to count third (3rd) party energy assistance payments as income for SNAP purposes.

(iv)A third (3rd) party energy assistance expense paid on behalf of a household with an elderly or disabled member under a State law to provide energy assistance shall be considered an out-of-pocket expense incurred and paid by the household. However, households that do not contain an elderly or disabled member shall no longer be permitted to count expenses covered by such third-party energy assistance payments toward their shelter costs.

(11)Trust Withdrawals

(AA)Include as income monies that are withdrawn or dividends that are or could be received by a household from trust funds considered to be excludable resources, in accordance with § 1.5.5 of this Part.

(BB)Such trust withdrawals must be considered income in the month received, unless otherwise exempt under the provisions of § 1.5.3 of this Part.

(CC)Dividends that the household has the option of either receiving as income or reinvesting in the trust are considered as income in the month they become available to the household, unless otherwise exempt.

(12)Deemed Income from an Alien's Sponsor

(AA)The income and resources of a legal permanent resident's sponsor (and the sponsor's spouse) who has signed a legally binding affidavit of support on or after December 17, 1997 are required to be counted as belonging to the immigrant (or deemed), regardless of actual availability, when determining the sponsored immigrant's eligibility and benefit amount for SNAP benefits unless the immigrant is exempted from sponsorship deeming. § 1.5.8 of this Part outlines exemptions from sponsor deeming.

(BB)If the immigrant is categorically eligible due to receipt of a TANF-funded service/publication, the resources of the immigrant's sponsor (and the sponsor's spouse) are not counted when determining eligibility for SNAP benefits.

(CC)See § 1.5.8 of this Part for instructions for calculating the amounts of income and resources to be deemed.

(DD)If the sponsor signs an affidavit of support for more than one (1) immigrant, the sponsor's income is pro-rated among the sponsored immigrants.

(EE)Actual money paid to the immigrant by the sponsor or the sponsor's spouse is not considered income to the alien unless the amount paid exceeds the amount attributed (deemed).

(i)In such case, the amount paid that actually exceeded the amount deemed would be considered income to the non-citizen in addition to the amount deemed to the non-citizen.

(13)Income of Individuals Disqualified for an IPV

(AA)The unearned income of an individual disqualified from the household for an intentional program violation must continue to be attributed in its entirety to the remaining household members. (Refer to § 1.5.6 of this Part)

(14)Foster Care Payments

(AA)Include as income foster care and/or guardianship payments for children or adults who are considered members of the SNAP household (see § 1.2.6 of this Part for provisions regarding including boarders in the household providing the board).

(15)Substantial Lottery and Gambling Winnings

(AA)A cash prize won in a single game, before taxes or other amounts are withheld, which is equal to or greater than the resource limit for elderly or disabled households as defined in § 1.5.5 of this Part.

(i)Any household certified for SNAP benefits that receives substantial lottery or gambling winnings must lose eligibility for benefits immediately upon receipt of winnings.

(ii)Households shall remain ineligible until they meet the allowable financial income and resource eligibility requirements as defined in §§ 1.5.2 and 1.5.5 of this Part, respectively.

B.Expenses Exceeding Income

1.A household's report of expenses which exceed its income are grounds for a determination that further verification is required. However, this circumstance is not, in and of itself, grounds for a denial.

a.The agency representative, instead, explores with the household how it is managing its finances, whether the household receives excluded income or has resources, and how long the household has managed under these circumstances.

C.Averaging Educational Assistance. A household that receives a scholarship, deferred education loan, or other educational grants, has such income, after exclusions, averaged over the period for which it was provided.

1.5.3Excluded Income

A.In the Food and Nutrition Act of 2008 (as amended though Pub. Law 118-5), Congress has specified the types of income which are excluded for SNAP purposes. Only the types of income listed in this Section are excluded from household income, and no other income is excluded.

1.In-Kind Income

a.Any gain or benefit, not in the form of money, payable directly to the household such as non-monetary or in-kind benefits. For example, meals, clothing, public housing, or produce from a garden.

2.Vendor Payments

a.A payment made in money on behalf of a household is considered a vendor payment whenever a person or organization outside the household uses its own funds to make a direct payment to either a household's creditors or a person or organization providing a service to the household.

b.The following types of payments may be excluded as vendor payments:

(1)An employer pays a household's rent directly to the landlord in addition to paying the household regular wages;

(2)An employer provides free housing to an employee;

(3)A RI Works, SSI, or GPA payment which is not made directly to the household, but paid to a third (3rd) party on behalf of the household to pay a household expense, are vendor payments and not counted as income to the household if such payment is for:

(AA)Medicaid;

(BB)Child care assistance;

(CC)A payment or allowance as described in § 1.5.3(A)(18) of this Part;

(DD)Assistance provided by a State or local housing authority;

(EE)Emergency assistance for migrant or seasonal farmworker households during the time the household is in the job stream (this assistance may include, but is not limited to, emergency vendor payments for housing or transportation); or

(FF)Housing assistance made to a third (3rd) party on behalf of the household residing in transitional housing for the homeless.

3.Energy Assistance Payments

a.Any payments or allowances made for the purpose of providing energy assistance under any Federal law other than Part A of Title IV of the Social Security Act, 42 U.S.C. § 601 et seq., including utility reimbursements made by the Department of Housing and Urban Development and the Rural Housing Service, or

b.A one (1) time payment or allowance applied for on an as-needed basis and made under a Federal or State law for the costs of weatherization or emergency repair or replacement of an unsafe or inoperative furnace or other heating or cooling device. A down-payment followed by a final payment upon completion of the work will be considered a one (1) time payment for purposes of this provision.

4.Housing and Urban Development (HUD) Vendor Payments

a.Rent or mortgage payments paid to a landlord or mortgagee by the HUD, State or local housing authorities are vendor payments and are excluded.

b.HUD Community Development Block Grant Funds used for rehabilitation of the individual's residence are also excluded as vendor payments.

5.Grants, Support or Alimony Payments

a.If an employer, agency, former spouse or other person makes payments for household expenses to a third (3rd) party from funds not owed to the household, these payments are excluded as vendor payments.

b.Payments specified by a court order or other legally binding agreement to go directly to the third (3rd) party rather than to the household and support payments not required by a court order or other legally binding agreement (including payments in excess of the amount specified in a court order or written agreement) which are paid to a third (3rd) party rather than the household, are excluded as a vendor payment, even if the household agrees to the arrangement.

6.Child Care Payments

a.Payments by a government agency to a child care institution to provide child care for a household member are excluded as vendor payments.

7.Child Support Income Exclusion

a.Legally obligated child support payments made by a household member to or for a non-household member are an income exclusion.

b.Allowable payments include those child support payments made to a third (3rd) party on behalf of the non-household member (vendor payments).

c.Payments toward a current arrearage order(s) also count toward this exclusion.

d.Any child support payments made in excess of the amount a household member is legally obligated to pay are not allowable as an exclusion.

8.Income Excluded by Law

a.Student financial assistance received under Title IV of the Higher Education Act of 1965 ( 20 U.S.C. § 1087uu ), or under Bureau of Indian Affairs student assistance programs, shall not be counted in the determination of eligibility of any person for benefits or assistance, or the amount of such benefits or assistance, under any Federal, State, or local program financed in whole or in part with Federal funds.

(1)Educational assistance authorized under Title IV of the Higher Education Act of 1965, includes the following:

(AA)Basic Educational Opportunity Grants (BEOG or Pell Grants);

(BB)Presidential Access Scholarships (Super Pell Grants);

(CC)Federal Supplemental Educational Opportunity Grants (FSEOG);

(DD)State Student Incentive Grants (SSIG);

(EE)Robert C. Byrd Honors Scholarship Program;

(FF)Federal or State Work Study income wholly or partially funded by Title IV of the Higher Education Act of 1965 (Pub. Law 105-244). (Note: Not all Federal work study funds come under Title IV of the Higher Education Act of 1965. Education assistance that is not funded under Title IV may still be excluded as income if it is used or will be used for paying tuition, fees, or other necessary education expenses at any educational institution);

(GG)Federal Family Education Loan Program (Formerly GSL):

(i)Supplemental Loans for students,

(ii)PLUS loans for parents,

(iii)Robert T. Stafford Student Loans;

(iv)Federal Perkins Loan Program – Direct loans to students in institutions of higher education (Perkins Loans, formerly NDSL);

(v)TRIO Grants (Go to organizations or institutions for students from disadvantaged backgrounds);

(vi)Robert C. Byrd Honors Scholarship Program;

(vii)High School Equivalency Program; and

(viii)National Early Intervention Scholarship and Partnership Program.

b.Under Titles I and II of the Domestic Volunteer Services Act of 1973 (Pub. Law 93-113), payments under Title I of that Act (including payments for such Title I programs as VISTA) to volunteers must be excluded for those individuals receiving SNAP benefits or public assistance at the time they joined the Title I program, except that households which were receiving an income exclusion for a VISTA or other Title I subsistence allowance at the time of conversion to the Food Stamp Act of 1977 (Pub. Law 88-525a) must continue to receive an income exclusion for VISTA for the length of their volunteer contract in effect at the time of conversion.

(1)Temporary interruptions in SNAP participation do not alter the exclusion once an initial determination has been made.

(2)New applicants who were not receiving public assistance or SNAP benefits at the time they joined VISTA shall have these volunteer payments included as earned income.

c.Payments under Title II including the Retired Senior Volunteer Program (RSVP), Foster Grandparents, and Senior Companion Program are also excluded.

d.Income received by individuals age fifty-five (55) and older, under the Senior Community Service Employment Program (SCSEP) authorized under the Title V of the Older Americans Act (OAA) of 1965 (Pub. Law 89-73).

(1)These funds are excluded by Pub. Law 100-175 as income for SNAP purposes.

e.The Workforce Innovation and Opportunity Act (WIOA)

(1)Training allowances paid to individuals participating in programs under WIOA are excluded as income with the exception of earnings paid to an individual age nineteen (19) or over, participating in an on-the-job training program.

(2)Earnings include monies paid under the WIOA and monies paid by the employer.

(3)The National and Community Service Act (NCSA) of 1990, Pub. Law 101-610 § 117(d), provides that § 142(b) of the WIOA applies to projects conducted under Title I of the National and Community Services Act of 1990 as if such projects were conducted under the WIOA.

(AA)Title I includes three (3) Acts:

(i)Serve-America: The Community Service, Schools and Service-Learning Act of 1990, Pub. Law 101-610 § 110 et seq.;

(ii)The American Conservation and Youth Service Corps Act of 1990, Pub. Law 101-610 § 120 et seq.; and

(iii)The National and Community Service Act, Pub. Law 101-610.

(BB)Most payments are made as a weekly stipend or for educational assistance.

(CC)The Higher-Education Service-Learning program and the AmeriCorps umbrella program come under this Title.

(DD)The National Civilian Community Corps (NCCC) is a federally managed AmeriCorps program.

f.Under The Omnibus Budget Reconciliation Act of 1990 (Pub. Law 101-508), Federal earned income tax credit (EITC) payments received either as a lump sum payment or an advance payment included as part of the paycheck (or as a reduction in taxes that would otherwise have been paid at the end of the year);

g.Payments made under the Low-Income Home Energy Assistance Act, 42 U.S.C. § 8621, in determining any excess shelter deduction, the full amount of such payments shall be deemed to be expended by the recipient household for heating or cooling costs.

h.Under provisions of the Child Nutrition Act, 42 U.S.C. § 1771 et seq., the value of assistance to children under the Child Nutrition Act.

i.As provided in Pub. Law 100-435, under the Women, Infants, and Children (WIC) demonstration projects, coupons which can be exchanged for food at farmers' markets;

j.Certain child care payments:

(1)Under Pub. Law 100-485, the value of any child care payments made under Title IV-A, including transitional child care payments are excluded;

(2)"At-risk" block grant child care payments made under Pub. Law 101-508 § 5801; no deduction may be allowed for any expense covered by such payments;

(3)Under Pub. Law 102-586, the value of any child care provided or any reimbursement for costs incurred under the Child Care and Development Block Grant is excluded from income from any other federal or federally assisted program in which eligibility, or amount of benefits, is based on need.

k.Certain military payments:

(1)The mandatory salary reduction amount for military service personnel that is used to fund the G.I. Bill;

(2)Payments made under the provisions of Wartime Relocation of Civilians, Pub. Law 100-383, entitled to certain United States citizens of Japanese ancestry, resident Japanese aliens and certain eligible Aleuts (natives of the Aleutian Islands).

(3)Under Pub. Law 110-246, combat-related military pay is excluded from consideration as income when determining SNAP eligibility and benefit levels if the additional pay is the result of deployment to or service in a combat zone and was not received immediately prior to serving in a combat zone.

(4)Any monetary allowances paid by the Veterans Administration under Pub. Law 104-204 § 1805(d), to a child of a Vietnam veteran for any disability resulting from Spina Bifida suffered by such child.

(5)Any monetary allowances paid by the Veterans Administration under Pub. Law 106-419 § 1815(a), to any individual with one (1) or more covered birth defects if he or she is a child of a female Vietnam veteran.

l.All payments from the Agent Orange Settlement fund or any other fund established pursuant to the settlement in the Agent Orange product liability litigation retroactive to January 1, 1989.

(1)The disabled veteran will receive yearly payments; survivors of the deceased disabled veterans will receive a lump-sum payment.

(2)These payments were disbursed by the Aetna Insurance Company.

(3)Note: Veterans' benefits were authorized under provisions of the Agent Orange Act of 1991, Pub. Law 102-4, to some veterans with service-connected disabilities resulting from exposure to Agent Orange. These VA payments are not excluded by law.

(4)Pub. Law 101-239 also excluded payments made from the Agent Orange settlement fund or any other fund established pursuant to the settlement in the case of In re Agent Orange Product Liability Litigation in the United States District Court for the Eastern District of New York (Multi-District Litigation No. 381 (Pub. Law 101-201, 103 Stat. 1795).

m.Utility reimbursements made by HUD directly to the household or via a two (2) party check payable to both the household and the utility provider are excluded from income and are not allowable shelter costs.

n.Under Pub. Law 103-322 § 30202, an amended section of the Crime Act of 1984, 42 U.S.C. § 10602, compensation paid by an eligible crime victim compensation program is excluded as income to the household.

o.Under the Disaster Relief Act of 1974, Pub. Law 93-288 § 312(d), payments precipitated by an emergency or major disaster as defined in the Act, as amended;

(1)This exclusion applies to Federal assistance provided to persons directly affected and to comparable disaster assistance provided by States, local governments, and disaster relief organizations.

(2)A major disaster is any natural catastrophe such as a hurricane or drought, or regardless of cause, any fire, flood, or explosion, which the President determines causes damage of sufficient severity and magnitude to warrant major disaster assistance to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.

(3)An emergency is any occasion or instance for which the President determines that Federal assistance is needed to supplant State and local efforts and capabilities to save lives, and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe.

(4)Most Federal Emergency Management Assistance (FEMA) funds are excluded; however, some payments made to homeless people to pay for rent, mortgage, food, and utility assistance when there is no major disaster or emergency is not excluded under this provision.

p.Funds paid under the Radiation Exposure Compensation Act, Pub. Law 101-426 § 6(h)(2),

q.Certain Native American/American Indian tribal payments:

(1)Payments received under the Alaska Native Claims Settlement Act, Pub. Law 92-203 § 29;

(2)Payments of relocation assistance to members of the Navajo and Hopi Tribes under Pub. Law 93-531.

(3)Income derived from certain sub marginal land of the United States that is held in trust for certain Indian tribes under Pub. Law 94-114;

(4)Income derived from the disposition of funds to the Grand River Band of Ottawa Indians under Pub. Law 94-540;

(5)Payments by the Indian Claims Commission to the Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation under Pub. Law 95-433;

(6)Payments to the Passamaquoddy Tribe and the Penobscot Nation or any of their members received pursuant to the Maine Indian Claims Settlement Act of 1980, Pub. Law 96-420 § 9(c);

(7)Payments to the Turtle Mountain Band of Chippewas, Arizona under Pub. Law 97-403;

(8)Payments to the Blackfeet, Gros Ventre, and Assiniboine tribes, Montana and the Papago, Arizona under Pub. Law 97-408;

(9)Per capita and interest payments under Pub. Law 98-123 made to the Red Lake Band of Chippewas;

(10)Per capita and interest payments under Pub. Law 98-124 to the Assiniboine tribe of the Fort Belknap Indian Community and the Assiniboine Tribe of the Fort Peck Indian Reservation, Montana;

(11)Payments under the Old Age Assistance Claims Settlement Act, Pub. Law 98-500 § 8, made to heirs of deceased Indians except for per capita shares in excess of two thousand dollars ($2,000.00);

(12)Funds distributed for members of the Chippewas of Lake Superior under Pub. Law 99-146 § 6(b);

(13)Moneys paid pursuant to the White Earth Reservation Land Settlement Act of 1985, Pub. Law 99-264;

(14)Disbursements made under Pub. Law 99-346 to the Saginaw Chippewa Indian Tribe of Michigan; and

(15)Per capita payments to the Chippewas of Mississippi under Pub. Law 99-377.

(16)The Puyallup Tribe of Indians Settlement Act, Pub. Law 101-41, provides that none of the funds, assets, or income from the trust fund established in § 6(b) shall at any time be used as a basis for denying or reducing funds to the Tribe under any Federal, State, or local program.

(17)The Seneca Nation Settlement Act, Pub. Law 101-503, provides that none of the payments, funds, or distributions authorized, established, or directed by this Act, and none of the income therefrom, shall affect the eligibility of the Seneca Nation or its members or be used as a basis for denying or reducing funds under any Federal program.

9.Reimbursements

a.Reimbursements are excluded as income for past or future expenses to the extent they do not exceed actual expenses and do not represent a gain or benefit to the household.

b.Reimbursements for normal living expenses of the household are not excluded.

c.To be excluded, such payments must be provided specifically for an identified expense, other than normal living expenses, and used for the purpose intended.

d.Payments made to a disabled household member for attendant care services are considered to be reimbursements for expenses and are excludable income.

(1)If attendant care services are provided by a household member, the payment for these services is considered earned income of the care giver.

e.When a reimbursement, including a flat allowance, covers multiple expenses, each expense does not have to be separately identified as long as none of the reimbursement covers normal living expenses. (Reimbursements for normal living expenses are not excluded.)

f.The amount by which a reimbursement exceeds the actual incurred expense must be counted as income. However, reimbursements are not considered to exceed actual expenses, unless the provider or the household indicates the amount is excessive.

g.The following are considered excludable reimbursements:

(1)Reimbursements or flat allowances for job or training-related expenses such as travel, per diem, uniforms, and transportation to and from the job or training site.

(AA)Reimbursements which are provided over and above basic wages for these expenses are excluded.

(BB)However, these expenses, if not reimbursed, are not otherwise deductible.

(2)Reimbursements for the travel expenses of migrant workers.

(3)Reimbursements for out-of-pocket expenses of volunteers incurred in the course of their work.

(4)Medical or dependent care reimbursements, including payments made to a disabled individual for attendant care.

(5)Non-federal reimbursements or allowances to students for specific educational expenses, such as travel or books, but not allowances for normal living expenses such as food, rent, or clothing.

(AA)Portions of a general grant or scholarship must be specifically earmarked by the grantor for education expenses rather than for living expenses to be excluded as a reimbursement.

(6)Reimbursements received by households to pay for services provided by the Social Services Block Grant.

(7)Reimbursements for per diem transportation allowances under the SNAP E&T or RI Works education and supervised job search and training components.

h.The following are not considered to be excludable reimbursements under this provision:

(1)No portion of any Federal educational grant, scholarship, fellowship, veterans' benefit and the like to the extent it provides income assistance beyond that used for tuition and mandatory school fees, is considered excludable under this provision.

(AA)This provision does not apply to educational assistance provided by a program funded in whole or in part under Title IV of the Higher Education Act of 1965 (Pub. Law 105-244) or the Carl D. Perkins Career and Technical l Education Act of 2006 (as amended through Pub. Law 115-224).

(2)No portion of any non-Federal, i.e., State, local, or private educational grant, scholarship, fellowship, veterans' benefit and the like that is provided for living expenses is considered excludable under this provision.

(AA)Thus, to be excludable, such assistance must be specifically earmarked by the grantor for education expenses, such as travel or books, but not for living expenses, such as food, rent, or clothing.

10.Educational Assistance

a.Exclude as income any educational loans on which payment is deferred, grants, scholarships, fellowships, veterans' educational benefits and the like to the extent that they are used for or made available (i.e., earmarked) by a school, institution, program, or other grantor for tuition and mandatory fees, books, supplies, transportation, and miscellaneous personal expenses (other than living expenses) of the student incidental to attending the school, institution, or program.

b.If the educational assistance is provided by a program funded in whole or in part under the Carl D. Perkins Career and Technical Education Act (as amended through Pub. Law 115-224).

c.The student must be enrolled at a recognized institution of post-secondary education, at a school for the handicapped, in a vocational education program, or in a program that provides for completion of a secondary school diploma or obtaining the equivalent thereof.

(1)For the purpose of this provision, "institution of post-secondary education" means any public or private educational institution which either normally requires for enrollment of a high school diploma or equivalency certificate or admits persons who are beyond the age of compulsory school attendance (age sixteen (16) in Rhode Island) without a high school diploma.

(2)The institution must be legally authorized and recognized by the State to provide an educational program of training to prepare students for gainful employment.

d.Educational assistance is excluded based on the amounts earmarked by the institution, school, program, or other grantor as made available for the specific costs of tuition, mandatory fees, books, supplies, transportation, and miscellaneous personal expenses (other than living expenses).

(1)If the institution, school, program, or other grantor does not earmark amounts made available for the allowable costs involved, the student may verify the use of the educational assistance for allowable costs and thus receive an exclusion.

(2)Students may also provide verification of amounts used for allowable costs in excess of the amounts earmarked by the school or grantor to obtain an exclusion.

(3)However, excludable expenses claimed by the student must not exceed the amount of the educational assistance.

e.Origination fees and insurance premiums on student loans are excludable charges.

(1)Only the amount of the loan after these charges have been excluded is to be considered income.

11.Mandatory Fees

a.Mandatory fees encompass those charges to students including the rental or purchase of any equipment, materials, and supplies which are related to the pursuit of the course of study involved.

b.For example, uniforms, lab fees, or equipment charged to students in order to enroll in a chemistry course would be excluded. However, transportation, supplies, and textbook expenses are not uniformly charged to students and, therefore, would not be excluded as mandatory fees.

c.Tuition and mandatory fees paid from earnings, resources, or any source other than grants, deferred loans, etc. are not excluded.

12.Financial Aid under the Carl D. Perkins Act

a.Financial assistance, such as grants, loans, reimbursements or allowances, under the Carl D. Perkins Career and Technical Education Act (as amended through Pub. Law 115-224), must be for tuition, mandatory school fees, books, supplies, transportation, and miscellaneous personal expenses with the additional exclusion of payments made for dependent care expenses;

(1)Room and board expenses are not excluded under the Carl D. Perkins Act (V), (as amended though Pub. Law 115-224).

b.In order to qualify for this exclusion, the student must be attending an institution of post-secondary education on at least a half-time basis and be eligible to participate in the SNAP in accordance with the student eligibility requirements in § 1.11.1(A)(9) of this Part.

c.The student is responsible for providing the agency with information to verify that:

(1)The institution considers the student to be attending the institution on at least a half-time basis;

(2)The educational assistance received is from a program funded in whole or in part under the Carl D. Perkins Act (V).

d.For financial assistance awarded under the Carl D. Perkins Act (V), exclude the amounts claimed for tuition, mandatory school fees, books, supplies, transportation, and miscellaneous personal expenses that are related to the cost of attendance at the educational institution.

e.Dependent care expenses are also considered excludable.

f.Excludable expenses claimed by the student must not exceed the value of the total amount of educational assistance granted from the Carl D. Perkins Career and Technical Education Act.

13.Monies Received for Third Parties

a.Exclude as income monies which are received and used for the care and maintenance of a third (3rd) party beneficiary who is not a household member.

b.If the intended beneficiaries of a single payment are both household and non-household members, any identifiable portion of the payment intended and used for the care and maintenance of the non-household member is excluded. If the non-household member's portion cannot be readily identified, the payment is pro-rated among intended beneficiaries and the exclusion applied to the non-household member's pro rata share or the amount actually used for the non-household member's care and maintenance, whichever is less.

14.Earnings of Children

a.Disregard the earned income of children who are members of the household if they are elementary or high school students at least half-time and are not yet eighteen (18) years of age.

b.Their income is also excluded during temporary interruptions in school attendance due to semester or vacation breaks, provided the child's enrollment will resume following the break.

c.If the child's earnings or the amount of work performed cannot be differentiated from that of the other household members, the total earnings must be pro-rated equally among the working members and the child's pro rata share excluded.

d.Individuals are considered children for this exclusion if they are under eighteen (18) and under the parental control of another household member.

15.Cash Donations

a.Cash donations, based on need, which a household receives from one (1) or more private, nonprofit charitable organizations, are excluded as income.

b.This exclusion cannot exceed three hundred dollars ($300.00) in a quarter. For purposes of this exclusion, a quarter is defined as the Federal fiscal year quarters as follows:

(1)October, November, December – 1st quarter

(2)January, February, March – 2nd quarter

(3)April, May, June – 3rd quarter

(4)July, August, September – 4th quarter

16.Loans

a.All loans on which repayment is deferred, including loans from private individuals as well as commercial institutions and reverse mortgages, other than educational loans, are excluded as income for SNAP purposes.

b.Federal deferred payment educational loans, to the extent that they provide income assistance beyond that used for tuition and mandatory fees, are not excludable under this provision.

c.If the deferred educational loan is provided by a program funded in whole or in part under Title IV of the Higher Education Act of 1965 (Pub. Law 105-244).

d.Portions of non-Federal (State, local or private) deferred payment educational loans are excludable under this provision only to the extent that the lender specifically earmarks portions or all of such loan to provide for educational expenses such as travel or books, but not for living expenses such as rent, mortgage, personal clothing or food eaten at home.

17.Irregular Income

a.Any income in the certification period which is received too infrequently or irregularly to be reasonably anticipated but not in excess of thirty dollars ($30.00) in a quarter, is excluded as income for SNAP purposes.

18.Nonrecurring Lump Sum Payments

a.Exclude as income money received in the form of a nonrecurring lump sum payment, including but not limited to, income tax refunds, rebates or credits; retroactive lump sum social security, SSI, public assistance, railroad retirement benefits or other payments; lump sum insurance settlements; lump sum lottery winnings; or refunds of security deposits on rental property or utilities.

b.These payments are counted as resources in the month received unless specifically excluded from consideration as a resource by other Federal laws.

19.Costs of Self-Employment

a.Exclude as income the cost of producing self-employment income.

20.Income of Non-Household Members

a.The income of a non-household member (defined in § 1.2.4 of this Part), is not considered available to the household.

21.Energy Assistance

a.Any payments or allowances made for the purpose of providing energy assistance under any Federal law (other than Part A of Title IV of the Social Security Act, 42 U.S.C. § 601 et seq.), or a one-time payment or allowance made under a Federal or State law for the costs of weatherization or emergency repair or replacement of an unsafe or inoperative furnace or other heating or cooling device are excluded.

22.Payments Which Are Not Considered Income

a.Exclude as income monies withheld from an assistance payment, earned income, or other income source, or monies received from any income source which are voluntarily or involuntarily returned to repay a prior over issuance received from that income source, provided that the over issuance is not excluded under another paragraph in this Subsection.

b.However, monies withheld from an assistance program, for purposes of recouping from a household an over issuance which resulted from the household's intentional failure to comply with that program's requirements, must be included as income.

23.Child Support Payments

a.Exclude as income child support payments received by RI Works recipients which must be transferred to the Child Support Agency to maintain RI Works eligibility.

24.Foster Care – Guardianship Payments

a.Exclude as income for the household, foster care and/or guardianship payments for children or adults for whom the household provides care, unless the household elects to include the foster child or adult as a member of the SNAP household.

25.PASS Accounts

a.Exclude as income amounts necessary for the fulfillment of a Plan to Achieve Self-Support (PASS) of a household member under Title XVI of the Social Security Act.

1.5.4Households with Income from Self-Employment

A.Income from Rental Property

1.Income derived from rental property is considered earned income for the twenty percent (20%) earned income deduction only if a member of the household is actively engaged in the management of the property at least an average of twenty (20) hours per week.

2.Regardless, the cost of doing business is deducted from rental property. If the twenty (20) hours per week criterion is not met, the net income is considered unearned.

B.Capital Gains

1.The proceeds from the sale of capital goods or equipment are calculated in the same manner as a capital gain for Federal income tax purposes.

2.Even if only fifty percent (50%) of the proceeds from the sale of capital goods or equipment is taxed for Federal income tax purposes, the agency representative must count the full amount of the capital gain as income for SNAP purposes.

C.Costs of Producing Self-Employment Income

1.Allowable costs of producing self-employment income include, but are not limited to:

a.Payment on the principal of the purchase price of income producing real estate and capital assets, equipment, machinery and other durable goods;

b.The identifiable costs of labor, stock, raw material, seed and fertilizer;

c.Interest paid to purchase income-producing property;

d.Insurance premiums, and taxes paid on income-producing property.

2.The following items are not allowable costs of doing business:

a.Net losses from previous periods;

b.Federal, State, and local income taxes;

c.Money set aside for retirement purposes, and other work-related personal expenses (such as transportation to and from work), as these expenses are accounted for by the twenty percent (20%) earned income deduction;

d.Depreciation; and

e.Any amount that exceeds the payment a household receives from a boarder for lodging and meals.

D.Averaging Self-Employment Income

1.Self-employment income which represents a household's annual support, is annualized over a twelve (12) month period, even if the income is received in only a short period of time during the twelve (12) months.

2.However, if the average annualized amount does not accurately reflect the household's circumstances because the household has experienced a substantial increase or decrease in business, the agency must calculate the self-employment income on anticipated earnings.

3.The agency must not calculate self-employment income on the basis of prior income (e.g., income tax return) when the household has experienced a substantial increase or decrease in business.

4.For the period of time over which self-employment is determined, the agency representative adds all gross self-employment income (including capital gains), excludes the cost of producing the self-employment income, and divides the self-employment income by the number of months over which the income will be averaged.

5.If, however, the averaged amount does not accurately reflect the household's actual circumstances because the household has experienced a substantial increase or decrease in business, the agency representative calculates the self-employment income based on anticipated earnings.

6.For those households whose self-employment income is not averaged but is instead calculated on an anticipated basis, the agency representative adds any capital gains the household anticipates it will receive in the next twelve (12) months (starting with the date the application is filed) and divides this amount by twelve (12).

a.This amount is used in successive certification periods during the next twelve (12) months, except that a new average monthly amount is calculated over this twelve (12) month period if the anticipated amount of capital gains changes.

b.The agency representative then adds the anticipated monthly amount of capital gains to be anticipated monthly self-employment income and subtracts the cost of producing the self-employment income.

c.The cost of producing the self-employment income is calculated by anticipating the monthly allowable costs of producing the self-employment income.

E.Monthly Income from Self-Employment

1.If it is determined that a household is eligible based on its monthly net income, the household may have the option to have its benefit level determined by using either the same net income which was used to determine eligibility, or by unevenly pro-rating the household's total net income over the period for which the household's self-employment income was averaged to more closely approximate the time when the income is actually received.

a.If income is pro-rated, the net income assigned in any month cannot exceed the maximum monthly income eligibility standards for the household's size.

b.If the cost of producing self-employment farm income exceeds the income which is derived from self-employment as a farmer, such losses must be offset against any other countable income in the household.

(1)Losses from self-employment farm income are offset in two (2) phases:

(AA)The first (1st) phase is to offset losses against non-farm self-employment income.

(BB)The second (2nd) phase is to offset the remaining losses against the total of the household's earned and unearned income.

(i)To be considered a self-employed farmer, eligible for this offset of expenses, the farmer must receive or anticipate receiving annual gross proceeds of one thousand dollars ($1,000.00) or more from the farming enterprise.

F.Determining Net Monthly SNAP Income

1.To determine the monthly SNAP income for households with income from self-employment enterprises, the monthly net self-employment income is added to any other earned income received by the household.

2.The total monthly earned income, less the twenty percent (20%) earned income deduction, is then added to all other monthly income received by the household.

3.The standard deduction, dependent care and shelter costs are computed as for any other household and subtracted to determine the monthly net income of the household.

G.Households with Boarders

1.A household that operates commercial boarding houses are considered self-employed and the criteria in § 1.11.2 of this Part apply.

2.Households with boarders are allowed to deduct the cost of doing business.

3.A person paying a reasonable amount for room and board, as discussed in § 1.2.6 of this Part, is excluded from the household when determining the household's eligibility and benefit level.

4.Payments from that boarder are treated as self-employment income.

5.Cost of Doing Business

a.After determining the income received from a boarder, the agency representative excludes that portion of the boarder payment which is a cost of doing business.

b.The cost of doing business is equal to one (1) of the following provided that the amount allowed as the cost of doing business does not exceed the payment the household received from the boarder for lodging and meals:

(1)The cost of the Thrifty Food Plan for a household size that is equal to the number of boarders; or

(2)The actual documented cost of providing room and meals if the actual cost exceeds the Thrifty Food Plan. If actual costs are used, only separate and identifiable costs of providing room and board to the boarder are excluded.

6.Deductible Expenses

a.The net income from self-employment is added to other earned income and the twenty percent (20%) earned income deduction is applied to the total.

b.Shelter costs which the household actually incurs, even if the boarder contributes to the household for part of the household's shelter expenses, is computed to determine if the household receives a shelter deduction.

(1)However, the shelter costs must not include any shelter expenses paid directly by the boarder to a third (3rd) party, such as to the landlord or utility company.

H.Work Registration

1.The receipt of income from self-employment does not automatically exempt a member from the work registration requirement.

2.The member must be actively engaged in the enterprise on a day-to-day basis and the agency representative must determine that the self-employment enterprise either requires at least thirty (30) hours of work per week during the period of certification or an average of thirty (30) hours per week on an annual basis or, if not working thirty (30) hours per week, is receiving weekly earnings at least equal to the Federal minimum wage multiplied by thirty (30) hours.

3.In instances when the member hires or contracts for another person or firm to handle the daily activities of such enterprise, the member is not considered as self-employed for the purpose of work registration unless the person works in such activity at least thirty (30) hours per week.

1.5.5Resources

A.The Food and Nutrition Act of 2008 (Pub. Law 118-5) requires that participation be "limited to those households whose income and other financial resources, held singly or in joint ownership, are determined to be a substantial limiting factor in permitting them to obtain a more nutritious diet." The standards are established by law and apply to all households applying for Program benefits.

1.With the exception of categorically eligible households defined in § 1.5.1 of this Part, a household must report at the time of application all resources and potential resources expected during the certification period so that the value and the treatment of the resources for all eligible and ineligible household members can be determined.

2.Available resources at the time the household is interviewed are used to determine the household's eligibility.

B.Resource Eligibility Standards

1.Eligibility must be denied or discontinued if the value of non-exempt resources, both liquid and non-liquid assets, for the household exceeds either:

a.Four thousand five hundred dollars ($4,500.00), for all households that consist of, or include, at least one (1) member who is disabled or sixty (60) years of age or over; or

b.Three thousand dollars ($3,000.00), for all other households.

2.These resource standards are to be applied to all applicant households, including those in which some members are recipients of PA with the exception of the following:

a.In a mixed household, i.e., a household comprised of some members receiving SSI or RI Works cash assistance and some not receiving SSI or RI Works cash assistance, all resources of the SSI/RI Works recipient(s) are categorically excluded. The resource standards are applied to the remaining household members.

b.Households in which all members receive SSI, RI Works, a TANF-funded service or GPA and which are categorically eligible as defined in § 1.5.1 of this Part, do not have to meet the resource limits or definitions in this Part.

C.Verification of Resources

1.Documentary evidence is used as the primary source of verification, although collateral contacts may also be sources of verification if written verification is unavailable.

D.Exempt Resources

1.In determining the resources of a household, only the following types, are exempted:

a.Resources of RI Works/SSI Recipients

(1)The resources of any household member who receives SSI or who receives benefits under Part A of Title IV of the Social Security Act, 42 U.S.C. Chapter 7, (RI Works) shall be considered exempt for SNAP purposes.

(2)This applies whether or not the household receives SNAP benefits as categorically eligible.

b.Home and Lot

(1)The home and surrounding property which is not separated from the home by intervening property owned by others.

(2)Public rights of way, such as roads, which run through the surrounding property and separate it from the home, do not affect the exemption of the property.

(3)The home and surrounding property remains exempt when temporarily unoccupied for reasons of employment, training for future employment, illness, vacation or is not inhabitable because of a casualty or natural disaster, if the household intends to return.

(4)If the household does not already own a home but owns or is purchasing a lot on which it intends to build or is building a permanent home, it receives an exclusion for the value of the lot, and if it is partially completed, for the home.

c.Household Goods, Life Insurance & Pensions

(1)Exclude as a resource household goods, personal effects, including one (1) burial lot per household member, and the cash value of life insurance policies.

(2)The cash value of pension plans or funds is excluded.

d.Excluded Vehicles

(1)Exclude the value of vehicles as specified below:

(AA)One (1) vehicle (licensed or unlicensed) for each adult household member, but not to exceed two (2) vehicles per household, shall not be counted as resources of the family.

(BB)Exclude the entire value of any licensed vehicle, such as, but not limited to, a taxi, truck, tractor, or fishing boat, if:

(i)The vehicle is used primarily (over fifty percent (50%) of the time the vehicle is used) for income-producing purposes.

(ii)Licensed vehicles which have previously been used by a self-employed household member engaged in farming, but are no longer used over fifty percent (50%) of the time in farming because the individual has terminated her/his self-employment from farming, continue to be excluded for one (1) year from the date the individual terminated her/his self-employment from farming.

(iii)The vehicle annually produces income consistent with its fair market value, even if used only on a seasonal basis.

(iv)The vehicle is necessary for long distance travel, other than daily commuting, which is essential to the employment of a household member (or an ineligible or a disqualified person whose resources are being considered available to the household). Such vehicles include that of a traveling salesperson or a migrant farmworker following the work stream.

(v)The vehicle is used as the household's home. This exemption applies during temporary periods of unemployment when the vehicle is not in use and for unlicensed vehicles on Indian reservations which do not require vehicles driven by tribal members to be licensed.

(2)Maintenance of excluded vehicles

(AA)Exclude any property, real or personal, to the extent that it is directly related to the maintenance or use of a vehicle excluded above.

(BB)Only that portion of real property determined necessary for maintenance or use is excludable under this provision.

(3)Vehicles for the Disabled

(AA)Exclude the entire value of any licensed vehicle if the vehicle is necessary to transport a physically disabled household member (or disabled ineligible or disqualified person whose resources are being considered available to the household) regardless of the purpose of such transportation.

(BB)This exemption is limited to one (1) vehicle per physically disabled household member. A vehicle is considered necessary for the transportation of a physically disabled household member if the vehicle is specially equipped to meet the specific needs of the disabled person or if the vehicle is a special type of vehicle which makes it possible to transport the disabled person.

(CC)The vehicle need not have special equipment or be used primarily by or for the transportation of the physically disabled household member.

(4)Fuel or Water Carrier

(AA)Licensed vehicle if the vehicle is necessary to carry fuel for heating or water for home use when the transported fuel or water is anticipated to be the primary source of fuel or water for the household during the certification period.

(5)Inaccessible Resource

(AA)Exclude from resources the value of a vehicle that is inaccessible, in accordance with § 1.5.5(F) of this Part, because its sale would produce an estimated return of not more than one thousand five hundred dollars ($1,500.00).

(6)Income-Producing Property

(AA)Exclude property which annually produces income consistent with its fair market value, even if only used on a seasonal basis. Such property includes a rental home and a vacation home.

(BB)Exclude property such as farmland which is essential to the employment or the self-employment of a house-hold member.

(CC)Exclude work-related equipment, such as the tools of a tradesperson or the machinery of a farmer which is essential to the employment or self-employment of a household member.

(i)Property essential to the self-employment of a household member engaged in farming continues to be excluded for one (1) year from the date the individual terminates her/his self-employment from farming.

(7)Exclude installment contracts for the sale of land or buildings, if the contract or agreement is producing income consistent with its fair market value.

(AA)The value of the property sold under installment contract or held as security in exchange for a purchase price consistent with the market value of that property.

E.Determining Fair Market Value of Property

1.If the agency representative determines that the property is not producing income consistent with its fair market value, such property must be counted as a resource.

a.However, if the property is leased for a return that is comparable to other property in the area leased for similar purposes, it is considered as producing income consistent with its fair market value and is not considered a resource.

2.Property exempt as essential to employment need not be producing income consistent with its fair market value.

F.Inaccessible Resources

1.Resources with cash value that is not accessible to the household, such as but not limited to, irrevocable trust funds, security deposits on rental property or utilities, property in probate and real property which the household is making a good faith effort to sell at a reasonable price and which have not been sold are exempted.

a.In such cases, the agency representative verifies that the property is for sale and that the household has not declined a reasonable offer.

2.Any funds in a trust or transferred to a trust, and the income produced by that trust, to the extent it is not available to the household, is considered inaccessible to the household if:

a.The trust arrangement is not likely to cease during the certification period and no household member has the power to revoke the trust arrangement or change the name of the beneficiary during the certification period;

b.The trustee administering the funds is either:

(1)A court, or an institution, corporation, or organization which is not under the direction or ownership of any household member; or,

(2)An individual appointed by the court who has court-imposed limitations placed on their use of the funds which meet the requirements of this Section;

(3)Trust investments made on behalf of the trust do not directly involve or assist any business or corporation under the control, direction, or influence of a household member; and,

(4)The funds held in irrevocable trust are either:

(AA)Established from the household's own funds, if the trustee uses the funds solely to make investments on behalf of the trust or to pay the educational or medical expenses of any person named by the household creating the trust; or,

(BB)Established from non-household funds by a non-household member.

G.Resources Excluded by Law

1.Under Pub. Law 103-66, earned income tax credits (EITC) received by any member of the household shall be excluded from financial resources for twelve (12) months from receipt if the household member is participating in the program at the time of its receipt and participates continuously during the twelve (12) month period.

2.Benefits received from the special supplemental food program for women, infants, and children (WIC).

3.Under the Child Nutrition Act, 42 U.S.C. § 1771 et seq., the value of assistance to children.

4.As provided in the Child Nutrition Act, 42 U.S.C. § 1771 et seq.: under WIC demonstration projects, coupons that can be exchanged for food at farmers' markets.

5.Under the Low-Income Home Energy Assistance Act, 42 U.S.C. § 8621, the amount of any home energy assistance payments or allowances provided directly to, or indirectly on behalf of, a household is excluded.

6.Financial assistance provided by a program funded in whole or in part under Title IV of the Higher Education Act in accordance with Pub. Law 105-244.

7.Payments made under Pub. Law 98-524, the Carl D. Perkins Career and Technical Education Act of 2006 as amended by Pub. Law 115-224.

8.Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (Pub. Law 91-646).

9.Payments made under provisions of the Disaster Relief Act of 1974, Pub. Law 93-288, as amended. This exclusion applies to Federal assistance provided to persons directly affected and to comparable disaster assistance provided by States, local governments, and disaster relief organizations.

10.Payments made under the provisions of "Wartime Relocation of Civilians," Pub. Law 100-383, to certain United States citizens of Japanese ancestry, resident Japanese aliens and certain eligible Aleuts (natives of the Aleutian Islands).

11.All payments from the Agent Orange Settlement fund or any other fund established pursuant to the settlement in the Agent Orange product liability litigation retroactive to January 1, 1989. The disabled veteran will receive annual payments; survivors of the deceased disabled veterans will receive a lump-sum payment. These payments were disbursed by Aetna Insurance Company.

12.Payments made under the Radiation Exposure Compensation Act, Pub. Law 101-426 § 6(h)(2).

13.Payments received under the Alaska Native Claims Settlement Act, Pub. Law 92-203 § 29, or the Sac and Fox Indian claims agreement under Pub. Law 94-189.

14.Funds distributed under Pub. Law 94-189 § 6, to the Sac and Fox Indians.

15.Payments of relocation assistance to members of the Navajo and Hopi Tribes under Pub. Law 93-531.

16.Payments received by certain Indian tribal members under Pub. Law 94-114 § 6, regarding sub marginal land held in trust by the United States.

17.Payments received from the disposition of funds to the Grand River Band of Ottawa Indians under Pub. Law 94-540.

18.Funds paid under Pub. Law 98-123 § 3, to members of the Red Lake Band of Chippewa Indians.

19.Payments received by the Confederated Tribes and Bands of the Yakima Indian Nation and the Apache Tribe of the Mescalero Reservation from the Indian Claims Commission under Pub. Law 95-433.

20.Payments to the Passamaquoddy Tribe and the Penobscot Nation or any of their members received pursuant to the Maine Indian Claims Settlement Act of 1980, Pub. Law 96-420.

21.Payments to the Blackfeet, Grosventre, and Assiniboine tribes, Montana, and the Papago, Arizona under Pub. Law 97-408.

22.Funds distributed per capita or held in trust under Pub. Law 99-146 § 6(b), for members of the Chippewas of Lake Superior.

23.Moneys paid under the White Earth Reservation Land Settlement Act of 1985, Pub. Law 99-264.

24.Payments to the Saginaw Chippewa Indian Tribe under Pub. Law 99-346.

25.Funds distributed under Pub. Law 99-377 § 4(b), to the Chippewas of the Mississippi.

26.Moneys paid under Indian Child Welfare, Pub. Law 95-608.

27.Payments to the Turtle Mountain Band of Chippewas, Arizona under Pub. Law 97-403.

28.Funds paid to members of the Assiniboine Tribe, Fort Belknap and Fort Peck, Montana under Pub. Law 98-124.

29.Under the Old Age Assistance Claims Settlement Act, Pub. Law 98-500, payments to heirs are excluded except for per capita shares in excess of two thousand dollars ($2,000.00).

30.Payments made under the Puyallup Tribe of Indians Settlement Act, Pub. Law 101-41.

31.Funds awarded to the Seminole Indians in dockets 73, 151, and 73-A of the Indian Claims Commission are excluded except for per capita shares in excess of two thousand dollars ($2,000.00) paid under Pub. Law 101-277.

32.Payments made under Seneca Nation Settlement Act, Pub. Law 101-503.

33.Any monetary allowances paid by the Veterans Administration under Pub. Law 104-204 § 1805(d), to a child of a Vietnam Veteran for any disability resulting from Spina Bifida suffered by such child.

34.Any monetary allowances paid by the Veterans Administration under Pub. Law 106-419 § 1815(a), to any individual with one (1) or more covered birth defects if he or she is a child of a female Vietnam veteran.

35.Under Pub. Law 103-322 § 30202, amended § 1403 of the Crime Act of 1984 (42 U.S.C. § 10602), compensation paid by an eligible crime victim compensation program.

36.Under the Food, Conservation and Energy Act of 2008, Pub. Law 110-246, which revised the Food Stamp Act, any funds in a plan, contract or account described in §§ 401(a), 403(a), 403(b), 408, 408A, and 501(c)(18) of the Internal Revenue Code of 1986, U.S.C. Title 26, and the value of funds in a Federal Thrift Savings Plan account as provided in 5 U.S.C. § 8439; and any retirement program or account included in any successor or similar provision that may be enacted and determined to be exempt from tax under the Internal Revenue Code of 1986.

37.Included in the above exclusion are: Pension or traditional defined-benefit, 401(k), SIMPLE 401(k), 501(c)(18), 403(b), 457, Federal Employee Thrift Savings, Keogh, IRA, Roth IRA, SIMPLE IRA, Simplified Employer, Profit Sharing and Cash Balance plans.

38.Under the Food, Conservation and Energy Act of 2008, Pub. Law 110-246, which revised the Food Stamp Act, any funds in a qualified tuition program described in § 529 of the Internal Revenue Code of 1986 or in a Coverdell education savings account under § 530 of that code.

H.Other Excluded Resources

1.Earmarked Resources

a.Any governmental payments which are designated for the restoration of a home damaged in a disaster, if the household is subject to a legal sanction should the funds not be used as intended.

2.Pro-rated Income

a.Resources, such as those of students or self-employed persons, which have been pro-rated and counted as income.

3.Indian Lands

a.Indian lands held jointly with the Tribe, or land that can be sold only with the approval of the Bureau of Indian Affairs.

4.Energy Assistance

a.Energy assistance payments or allowances are considered excluded income under § 1.5.3 of this Part.

5.Inaccessible Resources

a.Non-liquid asset(s) against which a lien has been placed as a result of taking out a business loan when the household is prohibited by the security or lien agreement with the lien holder (creditor) from selling the asset.

6.Resources which cannot be sold for a significant return

a.A resource is excluded if a household is unlikely to be able to sell that resource for a significant return because the household’s interest is relatively slight or because the cost of selling the household’s interest would be relatively great. Such a resource is considered inaccessible.

b.This inaccessibility provision does not apply to financial instruments such as stocks, bonds, or negotiable financial instruments.

c.This provision does apply to vehicles. For example, the value of a vehicle is considered inaccessible because its sale would produce an estimated return of not more than one thousand five hundred dollars ($1,500.00).

d.A complete description of the reasons for the determination of inaccessibility of the resource must be notated in the eligibility system.

e.For the purposes of this Subsection:

(1)Significant return means any return, after estimating costs of sale or disposition, and taking into account the ownership interest of the household, that the State agency determines are more than one thousand five hundred dollars ($1,500.00);

(2)Any significant amount of funds means funds amounting to more than one thousand five hundred dollars ($1,500.00).

I.Handling Excluded Funds

1.Excluded monies which are kept in a separate account and are not commingled in an account with non-excluded (countable) funds, retain their resource exclusion for an unlimited period of time.

2.The resources of students and self-employed households which are excluded (per above) and are commingled in an account with non-excluded funds retain exclusion for the period of time over which they have been pro-rated as income.

3.All other excluded monies which are commingled in an account with non-excluded funds retain their exclusion for six (6) months from the day they are commingled.

a.After six (6) months from the date of commingling, all funds in the commingled account must be counted as a resource.

J.The following non-exempt resources must be counted in determining the total value of the household’s resources:

1.Liquid Resources

a.These include, but are not limited to, cash on hand, a checking or savings account in a bank or other financial institution, savings certificates, stocks or bonds, and lump sum payments.

(1)In determining the resources of a household with an Education account (e.g., 529 plan), or an IRA or countable Keough plan, see § 1.5.3 of this Part, Resources Excluded by Law.

2.Non-Liquid Resources

a.These include real and personal property, such as but not limited to, licensed and unlicensed vehicles, buildings, land, recreational properties, boats, vacation homes, mobile homes and other property not specifically excluded in this Subsection.

3.Deemed Resources

a.For a household containing a sponsored non-citizen (as defined in § 1.5.8 of this Part), its resources also include the resources of the alien’s sponsor and the sponsor’s spouse (if any) which are deemed to the alien in accordance with the procedures described in § 1.5.8 of this Part.

4.Resources of Excluded/Non-Household Members

a.The resources of non-household members must not be counted as available to the household. (See § 1.2.4 of this Part)

b.The resources of ineligible household members must be counted in their entirety as available to the remaining household members. (See § 1.5.6 of this Part)

5.Jointly Owned Resources

a.Resources owned jointly by separate households must be considered available in their entirety to each household, unless the household can demonstrate otherwise.

b.A household member who states that they are not the owner, or is only the partial owner of the resource must be required to demonstrate the ownership of the funds.

c.A household member who states that they have no access, or only partial access to the resource, must be required to demonstrate such lack of access.

d.If the household can demonstrate that it has ownership of, or access to, only a portion of the resource, only that portion must be counted toward the household’s resource level.

K.Evaluating Ownership of a Resource

1.If the applicant/recipient can verify the lack of either access to, or ownership of, a resource that resource is not counted towards the resource limit when determining eligibility for SNAP benefits.

2.A resource is considered inaccessible to the household if the resource cannot be practically subdivided or the household’s access to the value of the resource is dependent on the agreement of the joint owner who refuses to comply.

3.Resources must be considered inaccessible to a person residing in a shelter for battered persons and children (as defined in § 1.4.8 of this Part) if:

a.The resources are jointly owned by such a person and by members of their former household; and,

b.The shelter resident’s access to the value of the resources is dependent on the agreement of a joint owner who still resides in the former household.

4.In order for a household member to demonstrate a lack of ownership, or only partial ownership of a resource, two (2) of the following sources of documentation must be presented as evidence:

a.Documents showing the origin of the resource. For example, if a bank account was opened, who opened it or whose money was used to open the account;

b.Documentation through Federal or State tax records as to which of the joint account holders declares the tax on the interest credited to the account as income;

c.Records of who makes deposits and withdrawals and, if appropriate, of how withdrawn funds are spent.

(1)The person claiming a lack of ownership (or accessibility) should not have made any withdrawals.

d.A notarized affidavit which details a written or oral agreement made between the parties listed on the resource or by someone who established or contributed to the resource, with respect to the ownership of the funds in the resource;

e.When the household member states that they do not own a bank account but is listed as a co-holder solely as a convenience to the other co-holder to conduct bank transactions on their behalf, evidence of the age, relationship, physical or mental condition, or place of residence of the co-holder must be provided;

f.A signed, notarized statement from the household member and from either other individual(s) listed in the joint account, or the person who established or contributed to the account, stating that the applicant or recipient had no knowledge of the existence of the account.

g.A document or piece of evidence submitted to verify a particular fact does not count as more than one (1) verification under the above Subsection.

(1)However, a document, piece of evidence or a statement may address more than one (1) fact needed for verification.

h.For a bank account, a change in the account designation removing the household member’s name or restricting access to the funds in the account must be made.

L.Nonrecurring Lump Sum Payments

1.Money received in the form of a nonrecurring lump sum payment, including, but not limited to, income tax refunds, rebates, or credits; retroactive lump sum social security, SSI, public assistance, railroad retirement benefits or other payments; lump sum insurance settlements; lump sum lottery winnings; or refunds of security deposits on rental property or utilities.

2.These payments are counted as resources in the month received, unless specifically excluded from consideration as a resource by other Federal laws.

3.If the total amount of resources exceeds the allowable resource limit, the household must be given an opportunity to update its entire resource statement.

a.If it declines to do so, or the amount of resources still exceeds the limit, the agency representative takes action to discontinue the household’s certification.

M.Non-Excluded Vehicles

1.If a vehicle is not excluded under this Section, the agency representative then handles each vehicle as follows:

a.Individually determines the resource value of each vehicle not excluded by:

(1)Determining the amount, if any, in excess of four thousand six hundred fifty dollars ($4,650.00) of the vehicle’s Fair Market Value.

(2)Calculating the vehicle’s equity value, unless specifically exempt from the equity value test.

(AA)Unlicensed vehicles and non-income producing licensed vehicles, except for those excluded, are evaluated for equity value.

(BB)Equity value is fair market value less encumbrances.

(CC)Equity value is attributed toward the household’s resource level except when a vehicle’s equity value is less than one thousand five hundred dollars ($1,500.00).

(3)Counts as a resource only the greater of the two (2) amounts if the vehicle has a countable fair market value of more than four thousand six hundred fifty dollars ($4,650.00) and also has a countable equity value.

2.Determining Fair Market Value (FMV) of Licensed Vehicles

a.The fair market value of licensed automobiles, trucks and vans is determined by the wholesale value of the vehicle as listed in publications written for the purpose of providing guidance to automobile dealers and loan companies.

b.The agency representative must not increase the basic value of a vehicle by considering such variables as low mileage or other factors such as optional equipment.

c.Any household that claims the blue book value does not apply to its vehicle must be given the opportunity to acquire verification of the true value from a reliable source.

(1)Households are asked to acquire verification of the value of a licensed antique, custom made, or classic vehicle, if the agency representative is unable to make an accurate appraisal.

(2)If a vehicle is specially equipped with apparatus for a disabled person, the apparatus must not increase the value of the vehicle.

(3)If a vehicle is no longer listed in the blue book, the household’s estimate of the value of the vehicle is accepted, unless the agency representative has reason to believe that the estimate is incorrect.

(AA)In such a case, if it appears that the vehicle’s value may affect eligibility, the household must obtain an appraisal or produce other evidence of its value, such as a tax assessment or newspaper advertisement indicating the sale price of similar vehicles.

(BB)If a new vehicle is not yet listed in a blue book, the agency representative determines the wholesale value through some other means, such as contacting a car dealer who sells that make of vehicle.

3.When Fair Market Value is Counted

a.All non-income producing licensed vehicles must be evaluated individually for fair market value.

b.That portion of the value which exceeds four thousand six hundred fifty dollars ($4,650.00) is attributed in full toward the household’s resource level, regardless of any encumbrances on the vehicles unless the vehicle has both fair market and equity value.

c.Any value in excess of four thousand six hundred fifty dollars ($4,650.00) must be attributed to the household’s resource level, regardless of the amount of the household’s investment in the vehicle, and regardless of whether or not the vehicle is used to transport household members to and from employment unless the criteria in § 1.5.5(M)(5) of this Part below, is applicable.

d.Each vehicle must be appraised individually. The values of two (2) or more vehicles must not be added together to reach a total fair market value in excess of four thousand six hundred fifty dollars ($4,650.00).

4.Vehicles Exempt from the Equity Test

a.Only the following vehicles are exempt from the equity value test:

(1)Vehicles excluded in this Subsection;

(2)One (1) licensed vehicle per adult household member (or an ineligible alien or disqualified household member whose resources are being considered available to household), regardless of the use of the vehicle; and

(3)Any other vehicle a household member under age eighteen (18) (or an ineligible alien or disqualified household member under age eighteen (18) whose resources are being considered available to household) drives to commute to and from employment, or to and from training or education which is preparatory to employment, or to seek employment.

5.Counting Either Fair Market Value or Equity Value

a.When a licensed vehicle is assigned both a fair market value in excess of four thousand six hundred fifty dollars ($4,650.00) and an equity value, only the greater of the two (2) amounts is counted as a resource if the vehicle is not otherwise excluded.

b.Count the Higher of:

(1)Fair Market Value Over four thousand six hundred fifty dollars ($4,650.00); or

(2)Equity (Fair Market Value Less Encumbrances)

Table on Treatment of Vehicles

TOTALLY EXEMPT

NON-EXEMPT

COUNT FAIR MARKET VALUE OVER FOUR THOUSAND SIX HUNDRED FIFTY DOLLARS ($4,650.00)

A vehicle (licensed or unlicensed) for each adult household member, not to exceed two (2) vehicles per household

One (1) vehicle per adult household member, regardless of use

Income producing

Used to transport household members under age eighteen (18) to work, school, other or training to look for work

Necessary for long-distance travel, other than daily commuting, that is essential to the employment of a household member (or ineligible non-citizen or disqualified person whose resources are being considered available to the household)

Necessary to transport a physically disabled household member

Used as household’s home

Necessary to carry fuel for heating or water for home use when such transported fuel or water is the primary source of fuel or water for the household

Classified as an inaccessible resource

N.Vacation Homes

1.A vacation home used part of the year by the household and that is not producing income consistent with its fair market value has its equity value counted toward the resource limit.

O.Transfer of Resources

1.Households which have knowingly transferred resources for the purpose of qualifying or attempting to qualify for SNAP benefits must be disqualified from participation in the program for up to one (1) year from the date of the discovery of the transfer.

a.This disqualification period must be applied if the resources are transferred knowingly in the three (3) month period prior to application or if they are transferred after the household is determined eligible for benefits.

2.Eligibility for the program is not affected by transfer of a resource which:

a.Would not otherwise affect eligibility;

b.Is sold or traded at or near fair market value;

c.Is transferred between members of the same household (including an ineligible non-citizen or a disqualified person whose resources are being considered available to the household); or,

d.Is transferred for reasons other than qualifying or attempting to qualify for SNAP benefits.

3.The length of the disqualification period is based on the amount by which the transferred resource, when added to other countable resources, exceeded the allowable resource limit.

a.The following chart is used to determine the period of disqualification:

Amount in Excess of the Resource Limit

Period of Disqualification

$1.00 – $249.99

One (1) Month

$250.00 – $999.99

Three (3) Months

$1,000.00 – $2,999.99

Six (6) Months

$3,000.00 – $4999.99

Nine (9) Months

$5,000.00 and up

Twelve (12) Months

b.In the event the agency establishes that an applicant household knowingly transferred resources for the purpose of qualifying or attempting to qualify for SNAP benefits, the agency sends the household a notice of denial explaining the reason for and length of the disqualification.

c.The period of disqualification begins in the month of application.

d.If the household is participating at the time of the discovery of the transfer, a notice of adverse action explaining the reason for and length of the disqualification period is sent.

e.The period of disqualification is effective with the first (1st) allotment issued after the adverse notice period has expired, unless the household has requested a hearing and continued benefits.

1.5.6Special Situations

A.Income/Resources of Ineligible Members

1.The following procedures are used to determine the eligibility and benefit level of any remaining household member(s) of a household containing an individual determined ineligible for SNAP benefits:

a.For households with an ineligible non-citizen, an individual ineligible for failing to attest to their U.S. citizenship or immigration status, an individual ineligible because of disqualification for failure or refusal to obtain or provide an SSN or an individual ineligible due to meeting the time limit for able-bodied adult without dependents:

(1)Resources: The resources of such an ineligible member(s) continue to count in their entirety to the remaining household members.

(2)Income: pro rata share of the income of such an ineligible member(s) is counted as income to the remaining members.

(AA)This pro rata share is calculated by first subtracting the allowable exclusions from the ineligible members’ income and dividing the income evenly among the household members, including the ineligible members.

(BB)However, if the ineligible member receives no income of their own, the RI Works payment shall not be pro-rated.

(3)Deductible Expenses: The twenty percent (20%) earned income deduction applies to the pro-rated income earned by such an ineligible member(s) which is attributed to the household.

(AA)That portion of the household’s allowable shelter and dependent care expenses which are either paid by or billed to the ineligible members(s), is divided evenly among the household’s members, including the ineligible member(s).

(BB)All but the ineligible members’ share is counted as a deductible shelter or dependent care expense for the remaining household members.

(CC)If the expense is paid in full by an eligible member, the expense is allowed in full for the household.

(DD)The mandatory Standard Utility Allowance (SUA) will not be pro-rated – the full SUA will be provided to the household if it is entitled to it.

(EE)If a household contains an ineligible member with no income of their own, the full shelter and/or dependent care costs are allowed in the determination of eligibility and benefit level for SNAP.

(4)Eligibility and benefit level: Such an ineligible member(s) must not be included when determining the household’s size for the purposes of:

(AA)Assigning a benefit level to the household;

(BB)Assigning a standard deduction to the household;

(CC)Comparing the household’s monthly income with the income eligibility standards; or,

(DD)Comparing the household’s resources with the resource eligibility limits.

b.For households with an individual who is ineligible because of disqualification for an IPV or ineligible because a sanction has been imposed for failing to comply with work requirements in § 1.11 of this Part:

(1)Income, Resources and Deductible Expenses

(AA)The income and resources of the ineligible household member(s) continue to count in their entirety, and the entire household’s allowable earned income, standard, medical, dependent care, and excess shelter deductions continue to apply to the remaining household members.

(2)Eligibility and Benefit Level

(AA)The ineligible member is not included when determining the household’s size for the purpose of:

(i)Assigning a benefit level to the household;

(ii)Assigning a standard deduction to the household;

(iii)Comparing the household’s monthly income with the income eligibility standards; or

(iv)Comparing the household’s resources with the resource eligibility limits.

c.The agency representative must ensure that no household’s benefit allotment is increased as a result of the exclusion of one (1) or more household member(s).

2.If a household’s benefits are reduced or terminated within the certification period because one (1) of its members was determined ineligible because of disqualification for intentional program violation, the agency must notify the remaining members of their eligibility and benefit level at the same time the ineligible member is notified of their disqualification.

a.The household is not entitled to a notice of adverse action but may request a fair hearing to contest the reduction or termination of benefits.

3.If a household’s benefits are reduced or terminated within the certification period because one (1) or more of its members is an ineligible non-citizen, is ineligible because a sanction has been imposed while the individual was participating in a household disqualified for failing to comply with work requirements, or ineligible because they were disqualified for refusal to obtain or provide an SSN, the agency must issue a notice of adverse action which informs the household of the ineligibility, the reason for the ineligibility, the eligibility and benefit level of the remaining members, and the action the household must take to end the ineligibility.

B.RI Works, GPA and SSI Households

1.To facilitate participation in the program, households in which members are applying for RI Works and/or GPA (PA households) must be allowed to complete a joint application for SNAP benefits at the same time they apply for such assistance.

a.These households’ SNAP eligibility and benefit levels are based solely on SNAP eligibility criteria.

b.The joint application processing procedures in this Section are used for a SNAP household in which some members are receiving RI Works and/or GPA and others are receiving SSI.

c.A household consisting of some members who are receiving RI Works/GPA/SSI and some not receiving assistance also may file a joint application for SNAP benefits.

d.The RI Works and GPA application form contains all the information necessary to determine a household’s SNAP eligibility and level of benefits.

C.Income/Resources of a Non-Household Member

1.For all other non-household members who are not specifically mentioned in § 1.5.6(B) of this Part above, such as a roomer or an ineligible student, the income and resources of such individuals must not be considered available to the household with whom the individual resides.

2.Voluntary cash payments from a non-household member to the household are considered income under the normal income standards.

3.Vendor payments are excluded as income.

4.If the household shares deductible expenses with the non-household member, only the amount actually paid or contributed by the household is deducted as a household expense.

a.If the payments or contributions cannot be differentiated, the expenses must be pro-rated evenly among persons actually paying or contributing to the expense and only the household’s pro rata share is deducted.

b.The mandatory SUA will not be pro-rated — the full SUA will be granted to the household if the household is entitled to it.

5.When the earned income of one (1) or more household members and the earned income of a non-household member are combined into one (1) wage, the income of the household member(s) is determined as follows:

a.If the household’s share can be identified, the agency representative counts that portion due to the household as earned income.

b.If the household’s share cannot be identified, the agency representative must pro-rate the earned income among all those whom it was intended to cover and counts that pro-rated portion to the household.

6.Such non-household members must not be included when determining the size of the household for the purposes of:

a.Assigning a benefit level to the household;

b.Assigning a standard deduction to the household;

c.Comparing the household’s monthly income with the income eligibility standards; or,

d.Comparing the household’s resources with the resource eligibility limits.

1.5.7Deductions and Expenses

A.Deductible expenses include only certain medical, dependent care, and shelter costs as described in this Subsection.

1.Categorically eligible SSI recipients entitled to the excess medical deduction and the uncapped shelter expense must receive such deductions, if they incur such expenses, for the period for which they are authorized to receive SSI benefits or the date of the SNAP application whichever is later as discussed in the categorical eligibility provisions (§ 1.5.1 of this Part).

a.Such individuals who are entitled to restored benefits in accordance with those provisions must have their benefits restored using these special deductions if they have such expenses.

2.Disallowed Expenses

a.An expense covered by either an excluded reimbursement or vendor payment, except an energy assistance vendor payment made under the Low-Income Home Energy Assistance Act of 1981, 42 U.S.C. §§ 8621 through 8630, is not deductible.

b.Expenses are only deductible if the service is provided by someone outside of the household, and the household makes a money payment for the service.

c.If the household reports an allowable medical expense at the time of certification but cannot provide verification at that time, and if the amount of the expense cannot be reasonably anticipated based upon available information about the individual’s medical condition and public or private medical insurance coverage, the household shall have the non-reimbursable portion of the medical expense considered at the time the amount of the expense or reimbursement is reported and verified.

3.Except as provided in § 1.5.7(A)(5) of this Part for averaged expenses, a deduction is allowed in the month the expense is billed or otherwise becomes due, regardless of when the household intends to pay the expense.

a.Amounts carried forward from past billing periods are not deductible even if included with the most recent billing and actually paid by the household.

b.A repayment agreement or verification indicating that a household still incurs a bill on a one (1) time medical expense is allowable in the month that each installment is due, even if the household was initially billed and established a payment plan before the certification period began.

c.An expense may only be deducted and applied to a case once and must be non-reimbursable.

4.Anticipating Expenses

a.The agency representative calculates a household’s expenses based on those expenses the household expects to be billed for during the certification period.

b.Anticipation of an expense is based on the most recent month’s bills, unless the household is reasonably certain a change will occur.

c.The SNAP allotment is adjusted for the remainder of the certification period and, if necessary, a supplemental allotment is provided for the month in which the change is verified.

d.The household may elect to average its expenses (see § 1.5.7(A)(5) of this Part below).

5.Averaging Expenses

a.Households may elect to have fluctuating expenses averaged.

b.Households may also elect to have expenses which are billed less often than monthly averaged forward over the interval between scheduled billings, or, if there is no scheduled interval, averaged forward over the period the expense is intended to cover.

c.Households reporting one (1) time only medical expenses during their certification period may elect to have a one (1) time deduction or to have the expense averaged over the remaining months of their certification period.

d.Averaging begins the month the change becomes effective.

e.For households certified for twenty-four (24) months that have one (1) time medical expenses, the agency will utilize the following procedure:

(1)In averaging any one (1) time medical expense incurred by a household during the first (1st) twelve (12) months, the agency will give the household the option of deducting the expense for one (1) month, averaging the expense over the remainder of the first (1st) twelve (12) months of the certification period, or averaging the expense over the remaining months in the certification period.

(2)One (1) time expenses reported after the twelfth (12th) month of the certification period will be deducted in one (1) month or averaged over the remaining months in the certification period, at the household’s option.

f.Averaging Energy Assistance Payments

(1)Except for payments made under the Low-Income Home Energy Assistance Act of 1981, 42 U.S.C. §§ 8621 through 8630, any energy assistance payments which a household receives are pro-rated over the entire heating (or cooling) season for which the payment is intended to cover.

6.The SNAP allows five (5) deductions from a household’s gross income. These deductions are:

a.The earned income deduction

(1)A household with earned income shall be allowed a deduction of twenty percent (20%) of all earned income to compensate for taxes, other mandatory deductions from salary, and work expenses.

(2)The term "earned income" does not include any portion of the income earned under a work supplementation or support program that is attributable to public assistance. For the definition of earned income, see § 1.5.2 of this Part.

(3)Exception: the deduction described above shall not be allowed with respect to determining an over issuance due to the failure of a household to report earned income in a timely manner.

b.The standard deduction

(1)The standard deduction is adjusted annually on October 1 to reflect changes in the Consumer Price Index for All Urban Consumers (CPI-U).

(2)Each household is allowed a standard deduction as outlined below:

Household Size

Standard Deduction Amount (eff.10/1/25)

1

$209.00

2

$209.00

3

$209.00

4

$223.00

5

$261.00

6

$299.00

7

$299.00

8

$299.00

(3)The amounts above are provided annually by Food and Nutrition Services and equal 8.31% of the Federal Poverty Level (FPL) but not more than 8.31% of the Federal Poverty Level for a household of six (6).

c.The excess medical expense deduction

(1)An excess medical deduction is that portion of total medical expenses in excess of thirty-five dollars ($35.00) per month, excluding special diets, incurred by all household members who are elderly or disabled (Including disabled veterans or surviving disabled spouses/children of veterans).

(AA)The thirty-five dollar ($35.00) disregard applies to the entire household and not individual members.

(2)A spouse or other person receiving benefits as a dependent of the SSI or disability and blindness recipient is not eligible to receive this deduction, but persons receiving emergency SSI benefits based on presumptive eligibility are eligible for this deduction.

(3)The household’s monthly medical deduction for the certification period shall be based on the information reported and verified by the household, and any anticipated changes that can be reasonably expected to occur during the certification period based on available information about the individual’s medical condition, public or private health insurance coverage, and the current verified medical expenses.

(AA)The household shall not be required to report changes in its medical expenses during the certification period.

(BB)If the household voluntarily reports a change in its medical expenses, the worker will verify the change in accordance with procedures described in § 1.13.1 of this Part.

(4)Allowable medical costs are:

(AA)Medical and dental care, including psychotherapy and rehabilitation services, provided by a licensed practitioner authorized by State law or other qualified health professional.

(BB)Hospitalization, outpatient treatment, nursing care, and nursing home care, including payments by the household for an individual who was a household member immediately prior to entering a hospital or nursing home provided by a facility recognized by the State.

(CC)Prescription drugs when prescribed by a licensed practitioner authorized under State law, and other over-the-counter medication (including insulin), when approved by a licensed practitioner or other qualified health professional (exception: medicinal marijuana is not an allowable medical cost for purposes of determining SNAP eligibility and/or benefit level);

(i)In addition, postage for prescription drugs, costs of medical supplies, sick room equipment (including rental) or other prescribed equipment are deductible.

(DD)Health and hospitalization insurance policy premiums.

(i)The costs of health and accident policies, such as those payable in lump sum settlements for death or dismemberment, or income maintenance policies, such as those which continue mortgage or loan payments while the beneficiary is disabled, are not deductible.

(EE)Medicare premiums, and any cost-sharing or spend-down expenses incurred by Medicaid recipients.

(FF)Repayments made on a loan when the loan is used to pay a one (1) time only medical expense.

(i)Loan expenses, such as interest, are not allowable as part of the medical expense.

(ii)If a second (2nd) mortgage is obtained for medical expenses, repayment is treated as a shelter expense and not as a medical expense.

(GG)Dentures, hearing aids, and prosthetics.

(HH)Securing and maintaining a seeing eye, hearing dog or service animal, including the cost of food for the animal and veterinarian bills.

(II)Eye glasses prescribed by a physician skilled in eye disease, or by an optometrist.

(JJ)Reasonable cost of transportation and lodging to obtain medical treatment or services.

(KK)Maintaining an attendant homemaker, home health aide, or child care services necessary due to age, infirmity, or illness. In addition, an amount equal to the one (1) person SNAP allotment is deducted if the household furnishes the majority of the attendant’s meals.

(i)The allotment is that which is in effect at the time of initial certification.

(ii)The allotment amount is updated at the next scheduled recertification.

(iii)If a household incurs attendant care costs that could qualify under both the medical deduction and dependent care deduction, the cost is treated as a medical expense.

d.The dependent care deduction

(1)Payments for the actual cost for the care of a child under the age of eighteen (18) or an adult who is incapacitated when necessary for a household member to accept or continue employment, comply with the employment and training requirements as specified in § 1.11 of this Part (or an equivalent effort by those not subject to those requirements), or attend training or education preparatory to employment.

(AA)Incapacitation refers to any permanent or temporary condition that prevents an individual from participating fully in normal activities without supervision (including but not limited to work or school) and that requires the care of another person to ensure the health and safety of the individual, or a condition or situations that makes a lack of supervision risky to the health and safety of the individual.

(2)The agency will accept the household’s statement of these expenses unless the statement is questionable as defined in § 1.6.2 of this Part.

e.The excess shelter deduction

(1)Monthly shelter costs in excess of fifty percent (50%) of the household’s income after all the above deductions have been allowed. Shelter costs include only the following:

(AA)A standard shelter expense estimate per household for all homeless households where all members are homeless and not receiving free shelter throughout the calendar month of one hundred ninety-eight dollars and ninety-nine cents ($198.99).

(i)All homeless households which incur or reasonably expect to incur shelter costs in a month shall be eligible for the estimate unless higher costs are claimed, at which point the household may use actual shelter costs rather than the estimate.

(ii)Homeless households which incur no shelter costs shall not be eligible for the standard estimate. A homeless household may not receive both the homeless shelter estimate and the SUA.

(BB)Continuing charges for the shelter occupied by the household, including rent, mortgage, or other continuing charges leading to the ownership of shelter, such as loan repayments for the purchase of a mobile home, including interest on such payments.

(i)Payments on second (2nd) mortgages and home equity loans are allowable shelter costs.

(ii)Payments on personal loans that are not secured by a lien on the property are not allowable costs even if the bank is listed as a beneficiary on the homeowner’s insurance policy.

(iii)If a household owns a home and lot and later purchases a connecting piece of property, the mortgage payments on the new property can only be allowed as shelter costs if the new property was financed by a second (2nd) mortgage or other loan secured by the home and lot.

(CC)Property taxes, State and local assessments, and insurance on the structure itself, but not separate costs for insuring furniture or personal belongings.

(DD)Charges for heating, cooling, and cooking fuel; electricity; water and sewer; garbage and trash collection fees; the basic service fee for one (1) telephone, including tax on the basic fee; and fees charged by the utility provider for initial installation of the utility.

(i)One (1) time deposits are not included as shelter costs.

(ii)Note that the Standard Utility Allowance must be utilized instead of actual charges if the household incurs charges for heating and/or cooling expenses.

(EE)The above shelter costs for the home if not actually occupied by the household because of employment away from home, illness, or abandonment of the home due to natural disaster or casualty loss.

(i)For the costs of a vacated home to be included in shelter costs, the household must intend to return to the home; the current occupants of the home, if any, must not be claiming the shelter costs during the absence of the household; and the home must not be leased or rented in the household’s absence.

(ii)The Standard Utility Allowance must be used if the household incurs heating and/or cooling expenses.

(iii)A household that incurs expenses for both an occupied and unoccupied home is only entitled to one (1) Standard Utility Allowance.

(FF)Charges for the repair of the home which was substantially damaged or destroyed due to a natural disaster such as a fire or flood.

(i)Shelter costs do not include charges for repair of the home that have been or will be reimbursed by private or public relief agencies, insurance companies, or from any other source.

(ii)The cost of repairs as a result of wear and tear, incidental repairs, and improvements are not allowed for homeowners, renters who work-off their rent, or other renters.

(GG)For condominium owners, the entire condominium fee is allowable as a shelter cost.

(2)The maximum excess shelter deduction per household per month for households incurring shelter costs is seven hundred forty-four dollars ($744.00).

(AA)The maximum does not apply to households with an individual age sixty (60) and older and/or a disabled household member as defined in § 1.4.11 of this Part.

(i)Such households receive an excess shelter deduction for the monthly cost that exceeds fifty percent (50%) of the household’s monthly income after all other applicable deductions.

(ii)The maximum shelter cost deduction is subject to change annually.

B.Standard Medical Deduction

1.Households that contain elderly and/or disabled members who claim to have medical expenses of more than thirty-five dollars ($35.00) will be given a standard medical deduction of one hundred eighty-three dollars ($183.00).

2.At initial application or when an active case containing a qualifying member reports medical expenses, the agency must verify if monthly medical expenses are more than thirty-five dollars ($35.00).

a.If the household fails to verify any medical expenses, the household is not entitled to a Standard Medical Deduction.

b.If total medical costs for the qualifying member(s) are more than thirty-five dollars ($35.00) per month, allow the appropriate Standard Medical Deduction.

3.If the household claims that its monthly medical expenses exceed two hundred eighteen dollars ($218.00) per month, the agency will grant the household the option of verifying and utilizing its actual monthly medical expenses instead of the Standard Medical Deduction.

a.If the household verifies that medical expenses exceed thirty-five dollars ($35.00) per month but fails to verify total monthly medical expenses over two hundred eighteen dollars ($218.00), the household’s benefits will be calculated using the Standard Medical Deduction.

4.Participating households will remain eligible for the Standard Medical Deduction at recertification if they declare that the medical expenses continue to exceed thirty-five dollars ($35.00) per month.

a.Verification is not required at recertification unless the declaration is questionable. Declaration is a verbal statement, written statement, or appropriate response to a question supplied on a form. No further verification is required.

C.Utility Expenses

1.There are three (3) methods of calculating utility expenses for households:

a.The Standard Utility Allowance which is used only when the household is billed for heating and/or cooling costs on a regular basis or a household with an elderly or disabled member that has received a Low-Income Home Energy Assistance Act of 1981 (LIHEAA) payment at its current address;

b.The actual utility expenses, not including heating and/or cooling costs, which the household incurs and pays for separately.

(1)These utility amounts are then added to the rent or mortgage payments (including property taxes, insurance and local assessment) to obtain the total shelter expense; and,

c.The Standard Telephone Allowance of twenty-seven dollars ($27.00), which is used for a household that incurs the expense of a basic service charge for one (1) telephone and is not eligible to use the Standard Utility Allowance.

(1)If a household can demonstrate that its cost for basic service for one (1) telephone is greater than the Standard Telephone Allowance, then the actual cost is used.

(2)If the expense is shared by separate households, each household can claim the Standard Telephone Allowance.

2.Standard Utility Allowance (SUA)

a.The Standard Utility Allowance (SUA) which includes a heating or cooling component must be used by households which incur heating and/or cooling costs separately from their rent or mortgage.

b.The Standard Utility Allowance includes the cost of heating and/or cooling, cooking fuel, electricity, or gas not used to heat or cool the residence, the basic service fee for one (1) telephone, water, sewerage and garbage and trash collection.

c.Eligible households must meet one of the following criteria:

(1)Households with an elderly or disabled member that verify receipt of a payment of more than twenty dollars ($20) annually under a LIHEAA program (or similar energy assistance programs), in the month of application or immediately in the preceding twelve (12) months are automatically eligible for the SUA to be applied to the household’s case when determining eligibility and benefit amount.

(AA)These households are deemed to have incurred out-of-pocket heating or cooling costs even if their heat and utilities are included in their rent.

(2)Households without an elderly or disabled member must demonstrate actual incurred heating or cooling expenses to qualify for the SUA. Receipt of a LIHEAA payment alone does not qualify a household without an elderly or disabled member for the SUA; and

(3)Households residing in private rental housing who are billed on a monthly basis by their landlords for actual usage through individual metering are eligible if the household provides verification of actual incurred expenses.

e.A household which incurs cooling or heating fuel costs on an irregular basis but is otherwise eligible to use the Standard Utility Allowance, continues to use the allowance between billing periods.

f.A cooling cost is a utility expense relating only to the operation of air conditioning systems or room air conditioners.

g.A household living in a public housing unit, or other rental housing unit which has central utility meters and charges the household only for excess heating or cooling costs must verify those costs.

h.If a household shares utility expenses with, and lives with, another individual not participating in the SNAP, another household participating in the SNAP, or both, the household is entitled to the full Standard Utility Allowance provided they verify actual incurred heating or cooling expenses.

i.The SUA is eight hundred and forty-four dollars ($844.00) per household per month based on an annualized (twelve (12) month) average of utility costs.

j.Verification for Use of the SUA

(1)If a household is to qualify for the Standard Utility Allowance based on incurring heating or cooling expenses, the household must be billed on a regular basis for those costs and the expenses verified.

(2)If a household with an elderly or disabled member is to qualify for the Standard Utility Allowance based on the receipt of a Low-Income Home Energy Assistance Payment (LIHEAP) as outlined in this Section, the information must be verified.

(3)When an eligible household moves, its entitlement to the SUA is redetermined.

3.If the household claims expenses for an unoccupied home, the household must provide its actual utility expenses if it is not entitled to the SUA for the unoccupied home.

a.If the household incurs expenses for heating or cooling the unoccupied home, the SUA may be used but the household cannot receive the SUA for both an occupied and unoccupied home.

4.Expenses are verified as defined in § 1.6.2 of this Part, and if allowing the expense would actually result in a deduction.

a.If a deductible expense must be verified, and obtaining the verification may delay the household’s certification, the agency representative advises the household that its eligibility and benefit level may be determined without providing a deduction for the claimed but unverified expense.

(1)If the expense cannot be verified within thirty (30) days of the date of application, the agency representative determines the household’s eligibility and benefit level without providing a deduction for the unverified expense.

(AA)The household is entitled to restoration of any benefits retroactive to the month of application only if the expense could not be verified within the thirty (30) day processing standard because the agency representative failed to allow the household sufficient time, to verify the expense.

D.Shelter Costs for Unoccupied Homes

1.A household that wishes to claim shelter costs for a home which is unoccupied because of employment, training away from the home, illness, or abandonment caused by a natural disaster or casualty loss, is responsible for providing verification of the expense if it is questionable (as defined in § 1.6.2 of this Part) and if the expense would result in a deduction.

a.The agency representative is not required to assist a household in obtaining verification of this expense if the verification would have to be obtained from a source outside of the State.

b.The SUA is allowed if the household incurs heating or cooling expenses on the home.

(1)A household that incurs expenses for both an occupied and unoccupied home is only entitled to one (1) SUA.

1.5.8Deeming

A.Households Containing Sponsored Non-Citizen

1.For purposes of determining the eligibility and benefit level of a household in which an eligible sponsored non-citizen is a member, the agency must deem the income and resources of the sponsor and the sponsor’s spouse, if they have executed INS Form I-864 or I-864A on or after December 19, 1997, as the unearned income and resources of the LPR.

2.The sponsor’s income and resources shall be deemed until the LPR alien gains U.S. citizenship or has worked or can receive credit for forty (40) qualifying quarters of work covered under Title II of the Social Security Act, 8 U.S.C. §§ 1631 and 1645.

a.And in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit during any such period, or they or the sponsor dies.

B.Income Deeming

1.The monthly income of the sponsor (and sponsor’s spouse) who executed INS Form I-864 or I-864A deemed as that of the eligible sponsored immigrant shall be the total monthly earned and unearned income of the sponsor and sponsor’s spouse at the time the household containing the sponsored alien member applies or is recertified for participation, reduced by:

a.A twenty percent (20%) earned income amount for that portion of the income determined as earned income of the sponsor and the sponsor’s spouse; and

b.An amount equal to the monthly gross income eligibility limit for a household equal in size to the sponsor, the sponsor’s spouse, and any other person who is claimed or could be claimed by the sponsor or the sponsor’s spouse as a dependent for Federal income tax purposes.

c.If the sponsor has signed an affidavit of support for more than one (1) immigrant, the sponsor’s income is pro-rated among the sponsored immigrants.

C.Resource Deeming

1.All but one thousand five hundred dollars ($1,500.00) of the total resources of the sponsor are deemed available to the sponsored non-citizen.

a.Non-citizens exempt from income deeming are exempt from resource deeming.

D.Exemptions from Sponsor Deeming

1.The following classifications of non-citizens are not subject to deeming Rules:

a.Sponsor in same SNAP household:

(1)If the sponsor lives in the same household as the non-citizen, deeming does not apply because the sponsor’s income and resources are already counted.

(2)There is, however, no deeming exemption if the sponsor receives SNAP in another household.

b.Ineligible Member:

(1)If the sponsored non-citizen is ineligible for SNAP benefits because of immigration status (i.e., is not a qualified non-citizen or is an LPR without five (5) years of residency), the sponsor’s income is not deemed to other eligible members of the immigrant’s household.

c.Immigrant whose sponsor has not signed a legally binding affidavit of support:

(1)This category includes all but family-based and a few employment-based LPRs who applied on or after December 19, 1997 and all immigrants who became LPRs or whose sponsors signed affidavits of support before December 19, 1997.

(2)Non-citizens who are sponsored by an organization or group also fall into this category.

d.Immigrant without sponsors:

(1)In general, qualified non-citizens who enter the country under provisions of immigration law other than the family-sponsored categories do not have sponsors of the type that incur a liability when the immigrant obtains means-tested benefits.

(AA)Included in this group are, Amerasians, and Cuban or Haitian entrants. (While it is possible for these individuals to be "sponsored" by an organization such as a church, they are not sponsored on an I-864 Affidavit of Support and that organization does not have to sign a legally binding affidavit of support that would subject that individual to deeming requirements.)

e.Indigent Exception:

(1)If the immigrant’s own income and any assistance provided by the sponsor or any other individuals is not enough for the immigrant to obtain food and shelter without the program, the amount of the income and resources attributed to the non-citizen through deeming cannot exceed the amount actually provided for up to a twelve (12) month period.

(2)The State agency must notify the U.S. Citizenship and Immigration Services (USCIS) if such determinations are made.

(3)An immigrant is considered "indigent" if the sum of the immigrant’s household’s own income and any cash or in-kind assistance provided by the sponsor or others is less than one hundred thirty percent (130%) of the poverty income line.

(4)Each indigence determination is effective for twelve (12) months and may be renewed for additional twelve (12) month periods.

f.Battered Spouse or Child Exception:

(1)Deeming also does not apply during any twelve (12) month period if the non-citizen is a battered spouse, battered child or parent, or child of a battered person providing the battered non-citizen lives in a separate household from the person responsible for the battery.

(2)The exemption can be extended for additional twelve (12) month periods if the non-citizen demonstrates that the battery is recognized by a court, administrative order, or by the USCIS and if the agency administering the benefits determines that the battery has a substantial connection to the need for benefits.

g.Children under eighteen (18) years old.

h.Immigrant whose deeming period has ended.

E.Eligibility Determination

1.The amount of income and resources deemed to be that of the sponsored non-citizen must be considered in determining the eligibility and benefit level of the household of which the non-citizen is a member.

2.If an immigrant is subject to deeming, the eligible sponsored immigrant is responsible for obtaining the cooperation of the sponsor and for providing the State agency at the time of application and recertification with the information and documentation necessary to calculate deemed income and resources.

a.The State agency must assist the household in obtaining the necessary verification.

b.If necessary, USCIS through its SAVE program can provide the sponsor’s name, address, and Social Security Number.

c.Immigrants who are exempt from deeming do not need to provide information about the sponsor’s income and resources.

3.The agency representative must obtain from the immigrant or immigrant’s spouse the following information:

a.The income and resources of the immigrant’s sponsor and the sponsor’s spouse (if any) at the time of the immigrant’s application for SNAP assistance.

b.All other information which is determined questionable, and which affects household eligibility and benefit level in accordance with procedures established in § 1.6.2 of this Part for verifying questionable information.

c.While the agency representative is awaiting receipt and/or verification from the immigrant of information necessary to carry out the deeming provisions of this Section, the sponsored immigrant is ineligible until such time as all necessary facts are obtained.

(1)The eligibility of any remaining household members must be determined.

(2)The income and resources of the ineligible non-citizen (excluding the deemed income and resources of the immigrant’s sponsor and sponsor’s spouse) are considered available in determining the eligibility and benefit level of the remaining household members in accordance with § 1.5.6 of this Part.

d.If the sponsored non-citizen refuses to cooperate in providing and/or verifying needed information, the other adult members of the non-citizen’s household must be responsible for providing and/or verifying information required in accordance with the provisions of § 1.6.7 of this Part.

(1)If the information and/or verification is subsequently received, the agency representative acts on the information as a reported change in household membership in accordance with the timeliness standards in § 1.13.1 of this Part.

(2)If the same sponsor is responsible for the entire household, the entire household is ineligible until such time as needed sponsor information is provided and/or verified.

F.Enforcing Sponsor Liability Claims

1.A sponsor who has signed a legally binding affidavit of support on or after December 19, 1997 for an immigrant they sponsored may be liable for reimbursement of the value of SNAP benefits received by that sponsored immigrant.

a.Only the sponsors who signed binding affidavits of support (INS Form I-864) may be responsible for SNAP benefits received by immigrants they sponsor if those benefits were received during the period of time the affidavit of support was in effect.

b.The affidavit of support remains in effect until the sponsored immigrant becomes a naturalized citizen, can be credited with forty (40) qualifying quarters of work, is no longer an LPR and leaves the United States permanently, or until the sponsor or the sponsored immigrant dies.

(1)The sponsor is not responsible for benefits the sponsored immigrant receives after the support period has ended.

(2)If, however, benefits were received by sponsored immigrants during the period when the agreement was in effect, the sponsor or the sponsor’s estate is liable to repay the cost of these benefits for ten (10) years after benefits were last received.

c.Sponsors who fail to support the immigrants they sponsor can be sued by government entities providing means-tested benefits as well as by the immigrants they sponsor.

(1)However, the agency cannot request reimbursement from the sponsor during any period of time that the sponsor receives SNAP benefits.

1.5.9Treating Lost Income Due to Noncompliance

A.The agency must ensure that, in most cases, there is no increase in SNAP benefits to households on which a sanction resulting in a decrease in benefits has been imposed for failure to comply with a requirement of a Federal, State, or local welfare program (for example, RI Works) which is means-tested and distributes publicly funded benefits.

1.The procedures for determining SNAP benefits when there is such a decrease in benefits are as follows:

a.The agency will calculate the SNAP allotment using the other program’s reduced benefit amount, then apply a twenty percent (20%) reduction to that allotment.

b.If the person is also non-compliant with work requirements of the SNAP, action is taken according to § 1.11.5 of this Part, and the twenty percent (20%) reduction is not applied.

c.With the exception of agency error cases, if the household’s other program benefit is subject to recoupment due to a prior over issuance, the full amount of that program’s benefit will be used in the SNAP computation.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1 .6 Verification

1.6.1Verification Introduction

A.Verification is the use of third (3rd) party information or documentation to establish the accuracy of statements on the application. This Section sets forth the general requirements for verification of financial and non-financial eligibility factors.

1.The agency representative must examine both financial and non-financial information provided by applicant households as part of the eligibility process.

a.Financial information includes statements presented by the household on its resources, monthly income, and deductible expenses.

b.Non-financial information includes residency in the project area, the composition of the household, its citizenship or alien status, the need for certain members to register for work, and verification of Social Security Number(s) (SSN).

1.6.2Verification of Questionable Information

A.The agency representative must verify, prior to certification of the household, all factors of eligibility which the agency representative determines are questionable and affect the household’s eligibility and benefit level. Questionable information cannot be based on race, religion, ethnic background, or national origin. Groups such as migrant farmworkers or American Indians cannot be targeted for more intensive verification.

1.As a guideline, questionable information is information that is:

a.Inconsistent with statements made by the applicant or with other information on the application or previous applications; or,

b.Inconsistent with information received from another source.

1.6.3Sources for Verification

A.The agency representative uses documentary evidence as the primary source of verification. Documentary evidence consists of a written confirmation of a household’s circumstances. Although documentary evidence must be the primary source of verification, acceptable verification must not be limited to any single type of document and may be obtained from the applicant/member or other source. Whenever documentary evidence cannot be obtained or is insufficient to make a firm determination of eligibility or benefit level, the agency representative may require collateral contacts or home visits.

1.Documentary Evidence

a.The agency representative accepts any reasonable documentary evidence provided by the household and is primarily concerned with how adequately the verification proves the statements on the application.

(1)If the household is unable to obtain the documentary evidence in a timely manner, or the agency representative can do so more expeditiously than the household, the agency representative offers assistance to the household in obtaining the documentary evidence. The agency is not required, however, to assist households in obtaining verification of shelter costs for an unoccupied home if verification would have to be obtained from sources outside of the project area.

b.When information from another source contradicts statements made by the household, the household is immediately afforded the opportunity to resolve the discrepancy.

(1)Whenever documentary evidence is insufficient to make a firm determination of eligibility or benefit level, or cannot be obtained, the agency representative uses alternate sources of verification, such as collaterals contact and home visits. In all cases, the method of verification is recorded in the case record.

2.Collateral Contacts

a.A collateral contact is an oral confirmation of a household’s circumstances by a person outside of the household who can be expected to provide accurate third (3rd) party verification.

(1)The collateral contact may be made either in-person or over the telephone.

(2)The agency representative may select a collateral contact if the household fails to designate one or designates one unacceptable to the agency representative.

b.If the agency representative designates a collateral contact, the agency representative must not make the contact without providing prior written or oral notice to the household. At the time of this notice, the agency representative must inform the household that it has the following options:

(1)Consent to the contact; or,

(2)Provide acceptable verification in another form; or,

(3)Withdraw its application.

c.If the household refuses to choose one (1) of the options in § 1.6.3(A)(2)(b) of this Part, its application must be denied in accordance with the normal procedures for failure to verify information under § 1.3 of this Part.

3.Home Visits

a.Home visits are used as verification only if documentary evidence cannot be obtained and the visit is scheduled in advance with the household.

4.Self-attestation

a.The agency will accept a household’s attestation or self-declaration as verification of the following factors:

(1)Dependent care expenses.

b.Verification shall only be required if the information provided by household is considered questionable as defined in § 1.6.2 of this Part.

1.6.4Verification of Reported Changes

A.Changes reported during the certification period are subject to the same verification procedures as apply at initial certification, except that the agency should not verify changes if the total medical expenses or actual utility expenses are unchanged or have changed by twenty-five dollars ($25.00) or less, unless the information is incomplete, inaccurate, inconsistent, or outdated.

1.Households must verify medical expenses of over thirty-five dollars ($35.00) if no previous medical deduction was provided in order to receive the Standard Medical Deduction of one hundred eighty-three dollars ($183.00).

a.Households that elect to claim actual medical expenses (those households with medical expenses over two hundred eighteen dollars ($218.00), must verify at a reported change, previously unreported medical expenses and total recurring allowable medical expenses that have changed by more than twenty-five dollars ($25.00).

b.Medical expenses that are unchanged or changed by twenty-five dollars ($25.00) or less will not be verified unless information regarding these expenses is incomplete, inaccurate, inconsistent or outdated.

c.If the household declares a medical expense that must be verified, but chooses not to verify it, this decision must be documented in the case record. The household will be advised that the case will be processed without the medical expense and that it may furnish this required verification at a later date.

d.When the household does provide verification of the medical expense, the expense will be deducted, and the SNAP benefit amount adjusted according to the timeliness standards for a reported change.

e.If the agency learns of a change in its medical expenses from a source other than the household, the agency must act on the change, provided that no additional information or verification is required from the household. The agency will not contact the household and will not take any action on the household’s medical expense deduction if the report of a change in medical expenses requires contact with the household.

1.6.5Verification at Recertification

A.Income Changes

1.At recertification, all income information shall be considered outdated and shall require updated verification to determine the accuracy of the information as outlined within this Section when determining continued eligibility of uninterrupted benefits.

B.Expense Changes

1.At recertification, the agency shall not verify total medical expenses claimed by households which are unchanged or have changed by twenty-five dollars ($25.00) or less, unless the information is incomplete, inaccurate, inconsistent or outdated.

2.For households eligible for the child support exclusion, the agency shall require to household to verify any changes in legal obligation to pay child support, the obligated amount, and the amount of legally obligated child support a household member pays to a non-household member.

a.The agency representative shall verify reportedly unchanged child support information only if the information is incomplete, inaccurate, inconsistent or outdated.

1.6.6Verification after Non-Cooperation with Quality Control

A.The agency representative must verify all factors of eligibility for households who have been terminated for refusal to cooperate with the DHS Quality Control (QC) reviewer, and who reapply after one hundred twenty-five (125) days from the end of the annual review period.

1.Also, the agency representative must verify all factors of eligibility for households who have been terminated for refusal to cooperate with a Federal QC reviewer, and who reapply after nine (9) months from the end of the annual review period.

1.6.7Non-Financial Verification

A.Identity

1.The identity of the person making application must be verified.

2.When an authorized representative applies on behalf of a household, the identity of both the authorized representative and the head of household must be verified.

3.Identity may be verified through readily available documentary evidence, or if this is unavailable, through a collateral contact.

a.Any documents which reasonably establish the applicant’s identity must be accepted, and no requirement for a specific type of document, such as a birth certificate, may be imposed.

B.Social Security Numbers

1.The agency must verify the Social Security Numbers (SSNs) of all household members applying for participation in the SNAP by submitting them to the SSA for verification according to procedures established by the SSA.

2.The agency should not delay the certification for, or issuance of, benefits to an otherwise eligible household solely to verify the SSN of a household member.

C.Residency

1.Rhode Island residency must be verified except in unusual cases (such as a homeless household, a migrant farm worker household or a household newly arrived in the project area) where verification of residency cannot reasonably be accomplished.

2.Verification of residency should be accomplished to the extent possible in conjunction with the verification of other information such as, but not limited to, rent and mortgage payments, utility expenses, and identity.

a.If verification of residence cannot be accomplished in conjunction with the other verification, then the agency representative may use a collateral contact or other readily available documentary evidence.

b.Documents used to verify other factors of eligibility should normally suffice to verify residency as well. Any documents or collateral contact which reasonably establish the applicant’s residency must be accepted and no requirement for a specific type of verification may be imposed.

D.Household Composition

1.Households must list on their applications the various members they wish to be considered for SNAP benefits. Individuals who claim to be a separate household from those with whom they reside based on the various age and disability factors for determining separateness are responsible for proving a claim of separateness (at the agency’s request) in accordance with the provisions of § 1.2 of this Part.

E.U.S. Citizenship

1.U.S. citizenship must be verified only when the citizenship statement is inconsistent with other information on the application, previous applications or other documented information known to the agency representative.

2.When a household’s statement that one (1) or more of the members are U.S. citizens is questionable, the agency representative must request the household to provide acceptable verification.

a.Participation in the RI Works program may be considered acceptable verification if verification of citizenship was obtained for that program.

3.If verification cannot be obtained, and the household can provide a reasonable explanation as to why verification is not available, the agency representative may accept a signed statement from someone who is a U.S. citizen which declares, under penalty of perjury, that the member in question is a U.S. citizen.

4.A member whose citizenship is in question is ineligible to participate until proof of U.S. citizenship is obtained.

a.The member whose citizenship is in question has their income, less a pro rata share, and all their resources considered available to any remaining household members as set forth in § 1.5.6 of this Part.

5.Pending verification from USCIS, the agency must not delay, deny, reduce, or discontinue the individual’s eligibility for benefits on the basis of the individual’s immigration status.

a.The agency must provide non-citizen applicants with a reasonable opportunity to submit acceptable documentation of their eligible non-citizen status as of the thirtieth (30th) day following the date of application.

b.A reasonable opportunity is at least fifteen (15) days from the date of the agency’s request for an acceptable document.

c.When the agency accepts non-USCIS documentation and fails to provide a non-citizen applicant with a reasonable opportunity as of the thirtieth (30th) day following the date of application, the agency must provide the household with benefits no later than thirty (30) days following the date of application provided the household is otherwise eligible.

F.Disability Verification

1.A disabled household member means a member of a household who receives one (1) or more of the following benefits authorized under the Social Security Act, U.S.C. Title 42:

a.Supplemental security income benefits under Title XVI of the Social Security Act or disability or blindness payments under Titles I, II, X, XIV, or XVI of the Social Security Act;

b.Federally or State-administered supplemental benefits under § 1616(a) of the Social Security Act provided that the eligibility to receive the benefits is based upon the disability or blindness criteria used under Title XVI of the Social Security Act;

c.Federally or State-administered supplemental benefits under § 212(a) of Pub. Law 93-66.

(1)For individuals to be considered disabled under this definition, the household shall provide proof that the disabled individual is receiving benefits under Titles I, II, X, XIV or XVI of the Social Security Act, 42 U.S.C. Chapter 7.

2.Is a veteran with a service-connected or non-service-connected disability rated by the Veteran's Administration (VA) as total or paid as total by the VA under U.S.C. Title 38;

a.For individuals to be considered disabled this definition, the household must present a statement from the Veterans Administration (VA) which clearly indicates that the disabled individual is receiving VA disability benefits for a service-connected or non-service-connected disability and that the disability is rated as total or paid at the total rate by VA.

3.Is a veteran considered by the VA to be in need of regular aid and attendance or permanently housebound under U.S.C. Title 38;

a.Is a surviving spouse of a veteran and considered by the VA to be in need of regular aid and attendance or permanently housebound or a surviving child of a veteran and considered by the VA to be permanently incapable of self-support under U.S.C. Title 38;

(1)For individuals to be considered disabled under this definition, proof by the household that the disabled individual is receiving VA disability benefits is sufficient verification of disability.

4.Receives disability retirement benefits from a governmental agency because of a disability considered permanent under the Social Security Act, 42 U.S.C. § 221(i).

a.Is a surviving spouse or surviving child of a veteran and considered by the VA to be entitled to compensation for a service-connected death or pension benefits for a non-service-connected death under U.S.C. Title 38 and has a disability considered permanent under the Social Security Act, 42 U.S.C. § 221(i). “Entitled” as used in this definition refers to those veterans' surviving spouses and surviving children who are receiving the compensation or pension benefits stated or have been approved for such payments, but are not yet receiving them;

(1)For individuals to be considered disabled under this definition, the State agency shall use the SSA’s most current list of disabilities considered permanent under the Social Security Act, U.S.C. Title 42, for verifying disability.

(2)If it is obvious to the agency representative that the individual has one of the listed disabilities, the household shall be considered to have verified disability.

(3)If disability is not obvious to the agency representative, the household shall provide a statement from a physician or licensed or certified psychologist certifying that the individual has one (1) of the nonobvious disabilities listed as the means for verifying disability.

5.Receives an annuity payment under the Railroad Retirement Act of 1974, 45 U.S.C. § 231(a), and is determined to be eligible to receive Medicare by the Railroad Retirement Board; or

a.§ 2(a)(1)(v) of the Railroad Retirement Act of 1974 and is determined to be disabled based upon the criteria used under Title XVI of the Social Security Act, 42 U.S.C. Chapter 7.

(1)For individuals to be considered disabled under this definition, the household shall provide proof that the individual receives a Railroad Retirement disability annuity from the Railroad Retirement Board and has been determined to qualify for Medicare.

6.Is a recipient of interim assistance benefits pending the receipt of SSI a recipient of disability related medical assistance under Title XIX of the Social Security Act, 42 U.S.C. Chapter 7, or a recipient of disability-based State general assistance benefits provided that the eligibility to receive any of these benefits is based upon disability or blindness criteria established by the State agency which are at least as stringent as those used under Title XVI of the Social Security Act (as set forth in 20 C.F.R. Part 416, Subpart I, Determining Disability and Blindness as defined in Title XVI).

a.For individuals to be considered disabled under this definition, the household shall provide proof that the individual receives interim assistance benefits pending the receipt of SSI; or

b.Disability-related medical assistance under Title XIX of the Social Security Act, 42 U.S.C. Chapter 7; or

c.Disability-based State general assistance benefits.

(1)The State agency shall verify that the eligibility to receive these benefits is based upon disability or blindness criteria which are at least as stringent as those used under Title XVI of the Social Security Act, 42 U.S.C. Chapter 7.

1.6.8Financial Verification

A.The agency representative must use documentary evidence as the primary source of verification. If other types of verification are used, the agency representative documents the case record as to why an alternate source was used.

B.Loan

1.When verifying that income is exempt as a loan, a legally binding agreement is not required. A simple statement signed by both parties that indicates that the payment is a loan and must be repaid is sufficient verification.

2.However, if the household receives payments on a recurrent or regular basis from the same source, but claims the payments are loans, the agency representative must also require that the provider of the loan sign an affidavit indicating that repayments are being made or that payments will be made in accordance with an established repayment schedule.

C.Income Budgeting

1.For the purpose of determining a household's eligibility and monthly allotment, the agency representative takes into account the income already received by the household during the certification period and any anticipated income the household and the agency representative are reasonably certain will be received during the remainder of the certification period.

a.If the amount of income that will be received, or when it will be received, is uncertain, the portion of the household's income that is uncertain is not counted by the agency representative.

2.Income received during the past thirty (30) days is used as an indicator of anticipated income. However, past income is not used for any month in which a change in income has occurred or can be anticipated.

a.If income fluctuates to the extent that a thirty (30) day period alone cannot provide an accurate indication of anticipated income, the agency representative may use a longer period of past time if it provides an accurate indication of anticipated income.

b.If the household's income fluctuates seasonally, it may be appropriate to use the most recent season comparable to the certification period, rather than the last thirty (30) days, as one (1) indicator of anticipated income.

c.In many cases of seasonally fluctuating income, the income also fluctuates from one (1) season in one (1) year to the same season in the next year.

(1)In no event may the agency representative automatically attribute to the household the amounts of any past income.

(2)The agency representative may not use past income as an indicator of anticipated income when changes in income have occurred or can be anticipated during the certification period.

3.Cases with Earnings

a.In cases where the head of the household is steadily employed, income from previous months is usually a good indicator of the amount of income which can be anticipated in the month of application and subsequent months.

b.Hourly and Piece Work Wages

(1)When income is received on an hourly wage or piece work basis, weekly income may fluctuate if the wage earner works less than eight (8) hours some days or is required to work overtime on others.

(2)When determining the amount of anticipated income, review pay stubs from the previous four (4) weeks in order to determine a weekly average.

c.Withheld Wages: Wages withheld at the request of the employee must be considered income to the household in the month the wages would otherwise have been paid by the employer.

(1)However, wages withheld by the employer as a general practice, even if in violation of law, are not counted as income to the household, unless the household anticipates that it will ask for and receive an advance, or the household anticipates that it will receive income from wages that were previously held by the employer as general practice and that were, therefore, not previously counted as income by the agency.

d.Advances on wages must only count as income if reasonably anticipated.

4.Verification of Income

a.Gross non-exempt income must be verified for all households prior to certification.

(1)However, where all attempts to verify income have been unsuccessful because the income provider fails to cooperate with the household and the agency representative, and because all other sources of verification are unavailable, the agency representative must determine an amount to be used, based on the best available information.

5.Averaging Income

a.Whenever a full month's income is anticipated but is received on a weekly basis, the agency representative converts the income to a monthly amount by multiplying the weekly income by 4.3333.

b.Whenever a full month’s income is anticipated but is received on a bi-weekly basis, the agency representative converts the income into a monthly amount by multiplying the income by 2.1666.

c.A household that, by contract or self-employment, derives its annual income in a period of time shorter than one (1) year has such income averaged over a twelve (12) month period, provided the income from the contract is not received on an hourly or piece work basis.

(1)Examples of such households may include school employees, sharecroppers, farmers and other self-employed households. However, these provisions do not apply to migrant or seasonal farm workers.

(2)Such income shall not affect more budget months than the number of months in the period over which it is annualized or pro-rated.

d.Income must not be averaged for a destitute household since averaging would result in assigning to the month of application income from future periods which is not available to the destitute household for its current food needs.

D.Self-Employment Income

1.Self-employment income includes the total gross income from a self-employment enterprise, including the total gain from the sale of any capital goods or equipment related to the business, excluding the costs of doing business.

2.Ownership of rental property is considered self-employment. However, income derived from the rental property is considered earned income only if a member of the household is actively engaged in management of the property at least an average of twenty (20) hours per week.

a.Payments from a roomer or boarder and returns on rental property are also self-employment income.

3.Examples of types of verification for self-employment income include State or Federal income tax returns, self-employment bookkeeping records, or sales and expenditure reports.

E.Unreported Income

1.In addition to verifying reported income, the agency representative may have occasion to explore the possibilities of unreported income.

a.When the applicant states that they have no earnings or other income, and the applicant is employable, or it appears they may be eligible for other benefits such as Social Security, unemployment insurance, or assistance payments, it is necessary to verify that they are not receiving income from such sources.

b.Additional situations in which the possibility of unreported income are investigated are difficulty in finding the head of the household at home, seasonal employment in the area which is at its peak, shelter costs higher than reported income, or similar questionable situations.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.7 Recertification

A.The agency must complete the recertification process if the household meets all requirements and finishes the necessary processing steps, and approve or deny timely applications for recertification prior to the end of the household's current certification period. Any eligible household must be provided an opportunity to participate by its normal issuance cycle in the month following the end of its current certification period.

1.The household loses its right to uninterrupted benefits for failure either to attend any interview scheduled on or after the deadline for timely filing of the application for recertification, or to submit all necessary verification within the timeframe established by the agency as long as the timeframe elapses after the deadline for filing a timely application for recertification.

a.Although a household loses its right to uninterrupted benefits for such failures, the household must not be denied at that time, unless it refused to cooperate, or the certification period has lapsed.

b.If the household loses its right to uninterrupted benefits due to such failures but is otherwise eligible after correcting such failures, the agency must, at a minimum, provide benefits within thirty (30) days after the date the application was filed.

(1)The agency may, at its option, either provide benefits by the household's next normal issuance date or provide uninterrupted benefits to a household determined eligible despite such failures.

(2)If the household submits an application for recertification prior to the end of its current certification period and is found eligible for the first (1st) month following the end of the certification period, then that month is not an initial month.

c.Denials, including those for failure to complete the interview or provide missing verification, must be completed either by the end of the current certification period or within thirty (30) days after the date the application was filed as long as the household has had adequate time for providing the missing verification.

d.The agency must not continue benefits to the household beyond the end of the certification period unless the household has been recertified.

e.The joint processing requirements in § 1.5.1 of this Part, for RI Works and GPA households continue to apply to applications for recertification.

2.If an application for recertification is submitted after the household's certification period has expired, that application is considered an initial application and benefits for that month must be pro-rated.

a.Any household that receives the notice of expiration at the time of certification and is otherwise eligible must not have benefits for the first (1st) month of the new certification period pro-rated if it files an application by the filing deadline contained in the notice of expiration.

3.If the household submits an application for recertification prior to the end of its current certification period but is found ineligible for the first (1st) month following the end of the certification period, then the first (1st) month of any subsequent participation is considered an initial month.

a.The agency must ensure that any eligible household that did not submit a timely application for recertification is provided an opportunity to participate within thirty (30) calendar days after the application is filed.

b.If the agency is unable to provide an eligible household with an opportunity to participate within thirty (30) calendar days after the date the application was filed due to the time period allowed for submitting any missing verification, the agency must provide the household an opportunity to participate within five (5) working days after the date the household supplies the missing verification.

c.Households that have filed an application by the fifteenth (15th) of the last month of their certification period will receive either a notice of eligibility or a notice of denial by the end of the current certification period.

B.Eligibility at recertification must be determined based on circumstances anticipated for the new certification period starting with the month following the expiration of the current certification period. The level of benefits at recertification must be based on the same anticipated circumstances.

C.Notice Requirements

1.A household will receive a notice of expiration at the end of its certification prior to the start of the last month of the household's certification period.

2.RI Works and GPA households whose applications were jointly processed for SNAP benefits and RI Works or GPA benefits in need will not receive a notice of expiration if they are recertified for SNAP at the same time as their RI Works or GPA redetermination.

3.Households with members who are migrant seasonal farmworkers will be sent a Mid-Certification Reminder Letter on or about the fifteenth (15th) day of the twelfth (12th) month of its certification. The letter reminds the household of its responsibility to report any changes within ten (10) days.

4.ESAP households will be sent a combined expiration notice and recertification notice with specialized language within sixty (60) days prior to redetermination due date (See § 1.24.9 of this Part).

D.Interview and Verification Requirements

1.All households must participate in an interview in order to retain its right to uninterrupted benefits, with the exception of ESAP eligible households who may have a waived interview in accordance with the procedures set forth in § 1.24.4 of this Part.

a.An interview may be scheduled by the agency on or after the date the recertification application is timely filed, prior to the date of the scheduled interview at the household’s request, or when the household contacts the agency to complete its recertification interview without returning the competed application for recertification by utilizing the option of a telephonic signature. If the household does not avail itself for any interview scheduled in accordance with this Section, the agency need not initiate any further action.

(1)A household which fails to participate in an interview in accordance with the requirements in this Part or to submit any missing verification loses its right to uninterrupted benefits as long as such failures occur after the deadline for filing a timely application for recertification.

(2)Households which refuse to cooperate in providing required information must be denied.

2.At recertification, all income documentation shall be considered outdated and will require updated verification to determine the accuracy of information as outlined in § 1.6 of this Part when determining continued eligibility of uninterrupted benefits.

a.Previously verified actual utility expenses that have not changed by more than twenty-five dollars ($25.00) do not have to be verified.

3.A household which submits a timely application for recertification but is either interviewed and/or submits all verification in an untimely manner (but before the end of its current certification period) need not be provided uninterrupted benefits.

a.For eligible households under these circumstances, the agency must, at a minimum, provide the household an opportunity to participate within thirty (30) calendar days after the date the application was filed.

b.If the household takes the required action before the end of the certification period, the agency must reopen the case and provide a full month's benefits for the initial month of the new certification period.

c.If the household takes the required action after the end of the certification period but within thirty (30) days after the end of the certification period, the agency shall reopen the case and provide benefits retroactive to the date the household takes the required action.

d.If a household's application for recertification is delayed beyond the first (1st) of the month of what would have been its new certification period through the fault of the agency, the household's benefits for the new certification period shall be pro-rated based on the date of the new application, and the agency shall provide restored benefits to the household back to the date the household's certification period should have begun had the State agency not erred and the household been able to apply timely.

E.Right to Uninterrupted Benefits

1.The agency must act to provide uninterrupted benefits to any household determined eligible after the household has timely filed an application, attended an interview in accordance with the requirements in this Section, and submitted all necessary verification.

2.The agency must take action to provide uninterrupted benefits within the following time standards even if, to meet these standards, the agency must provide an opportunity to participate outside the normal issuance cycle:

a.For households that have met all the required application procedures, the agency must approve or deny the application and notify the household of its determination by the end of the current recertification period.

b.For households determined eligible, the agency must provide an opportunity to participate by the household's normal issuance cycle in the month following the end of its current certification period.

(1)Any household not determined eligible in sufficient time to provide for issuance in that timeframe due to a time period allowed for submitting any missing verification must receive an opportunity to participate, if eligible, within five (5) working days after the household supplies the missing verification.

(2)A household that has timely submitted an application for recertification or Interim Report Form but, due to agency error, is not determined eligible in sufficient time to provide for issuance by the household's next normal issuance cycle must receive an immediate opportunity to participate upon being determined eligible.

(3)Such households are entitled to restoration of lost benefits if, as a result of such error, the household was unable to participate for the month following the expiration of the Interim Report timeframes or certification period.

1.7.1Recertification for SSI Households

A.The agency must provide SSI households with a notice of expiration in accordance with this Part except that such notification should inform households consisting entirely of SSI recipients that they are required to have an interview prior to being certified and may have that interview in the office, face to face, or by telephone.

1.Pure SSI households which have received a SNAP notice of expiration are entitled to make a timely application for SNAP recertification at the SSA office.

a.SSA must accept the application of a pure SSI household and forward the completed application, transmittal form and any available verification to the SNAP office.

b.When SSA accepts and refers the application in such a situation, the household must not be required to appear at a second (2nd) office interview, although the agency representative may conduct an out-of-office interview by telephone, or face-to-face, if/as necessary.

c.In cases where pure SSI households apply for SNAP recertification at the SSA office, an application must be considered filed for normal processing purposes when the signed application is received by SSA.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.8 Certification Periods

A.Definite periods of time are established which households are eligible to receive benefits. At the expiration of each certification period, eligibility for food assistance is redetermined based upon a newly completed application or recertification packet an in-person or phone interview and such verification as is required. Under no circumstances are benefits continued beyond the end of a certification period without a redetermination of eligibility.

1.Households consisting entirely of elderly or disabled members with no earned income (ESAP households), are considered change reporters as defined in § 1.13.1 of this Part, and are assigned a thirty-six (36) month certification period.

a.An ESAP household determined ineligible for continuing participation in the ESAP during their certification period but remaining eligible for SNAP, shall not have their certification period shortened (See § 1.24.8 of this Part).

2.Households with members who are migrant seasonal farmworkers are considered change reporters as defined in § 1.13.1 of this Part, and are assigned a twenty-four (24) month certification period.

3.All other households are considered Simplified Reporters and are assigned a twelve (12) month certification period.

B.Certification periods conform to calendar months. At initial application, the first (1st) month in the certification period is generally the month of application, even if the household's eligibility is not determined until a subsequent month.

1.8.1Certification Periods for Public Assistance (PA) Households

A.A household in which all members are contained in a single PA grant should have its SNAP recertification completed, to the extent possible, at the same time it is redetermined for PA.

1.The agency representative assigns such households a SNAP certification period which expires at the same time as the household's PA redetermination date. In no event must SNAP benefits be continued beyond the end of a certification period.

2.If a PA household has not had its PA redetermination, and the SNAP recertification is due at the same time, the agency representative must ensure that the SNAP recertification is timely completed.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.9 Intentional Program Violations

A.The Office of Internal Audit is responsible for investigating any case of alleged intentional program violation and ensuring that appropriate cases are acted upon, either through Administrative Disqualification Hearings or referral to a court of appropriate jurisdiction, in accordance with the procedures outlined in this Section.

1.Administrative disqualification procedures or referral for prosecution action must be initiated whenever there is sufficient documentary evidence to substantiate that an individual has intentionally committed one (1) or more acts of intentional program violation as defined in § 1.9(A)(3) of this Part.

a.If the Office of Internal Audit does not initiate administrative disqualification procedures or refer for prosecution a case involving an over-issuance caused by a suspected act of intentional program violation, an Inadvertent Household Error (IHE) claim is established against the household in accordance with the procedures in § 1.18 of this Part.

2.The household is informed, in writing, of the disqualification penalties for committing intentional program violation each time it applies for program benefits. The penalties are written in clear, prominent and boldface lettering on the application form.

3.Disqualification penalties under § 15(b)(1) of the Food and Nutrition Act of 2008 shall be imposed as follows:

a.Any member of a household who knowingly uses, transfers, acquires, alters or possess coupons, authorization cards, or access devices in any manner contrary to the Regulations of the Act, can be barred from the Supplemental Nutrition Assistance Program for one (1) year to permanently. The individual may also be fined up to two hundred fifty thousand dollars ($250,000.00), imprisoned up to twenty (20) years, or both.

b.They may also be subject to prosecution under other applicable Federal and State laws.

c.They may also be barred from the SNAP for an additional eighteen (18) months if court ordered. Individuals found to have committed an intentional program violation, either through an administrative disqualification hearing, or by a Federal, State, or local court, or who have signed a waiver of right to an administrative disqualification hearing shall be ineligible to participate in the program:

(1)For a period of one (1) year for the first (1st) violation, with the exceptions in §§ 1.9(A)(3)(g), (h), (i), (j) and (l) of this Part;

(2)For a period of two (2) years for the second (2nd) violation, with the exceptions in §§ 1.9(A)(3)(g), (h), (i), (j) and (l) of this Part; and,

(3)Permanently for the third (3rd) occasion of any intentional program violation.

d.Individuals found by a Federal, State, or local court to have used or received SNAP benefits in a transaction involving the sale of a controlled substance (as defined in the Controlled Substances Act, 21 U.S.C. § 802) shall be ineligible for SNAP benefits:

(1)For a period of two (2) years for the first (1st) occasion of such violation; and

(2)Permanently upon the second (2nd) occasion of such violation.

e.Individuals found by a Federal, State, or local court to have used or received SNAP benefits in a transaction involving the sale of firearms, ammunition, or explosives shall be permanently disqualified from the SNAP.

f.Individuals convicted of trafficking SNAP benefits for an aggregate amount of five hundred dollars ($500.00) or more shall be permanently disqualified from the SNAP upon the first (1st) occasion of such violation. Trafficking means:

(1)The buying, selling, stealing, or otherwise effecting an exchange of SNAP benefits issued and accessed via Electronic Benefit Transfer (EBT) cards, card numbers and personal identification numbers (PINs), or by manual voucher and signature, for cash or consideration other than eligible food, either directly, indirectly, in complicity or collusion with others, or acting alone;

(2)The exchange of firearms, ammunition, explosives, or controlled substances, as defined in the Controlled Substances Act (21 U.S.C. § 802), for SNAP benefits;

(3)Purchasing a product with SNAP benefits that has a container requiring a return deposit with the intent of obtaining cash by discarding the product and returning the container for the deposit amount, intentionally discarding the product, and intentionally returning the container for the deposit amount;

(4)Purchasing a product with SNAP benefits with the intent of obtaining cash or consideration other than eligible food by reselling the product, and subsequently intentionally reselling the product purchased with SNAP benefits in exchange for cash or consideration other than eligible food; or

(5)Intentionally purchasing products originally purchased with SNAP benefits in exchange for cash or consideration other than eligible food.

g.Individuals found by the Department of having made, or convicted in a Federal or State court, of having made a fraudulent statement or representation with respect to their identity or place of residence in order to receive multiple benefits simultaneously under the Supplemental Nutrition Assistance Program shall be ineligible to participate in the program for a ten (10) year period.

h.Individuals disqualified from the Food Distribution Program on Indian Reservations (FDPIR) for an intentional program violation as described in this Section, have the same disqualification imposed on the member of the household under SNAP.

(1)In instances where the disqualification is a reciprocal action based on disqualification from the Food Distribution Program on Indian Reservations, the length of disqualification shall mirror the period prescribed by the Food Distribution Program on Indian Reservations.

(2)Dual participation in the Food Distribution Program on Indian Reservations and SNAP shall not be permitted.

i.Individuals found guilty by a court of law for buying and selling illegal drugs or certain prescription drugs in exchange for SNAP benefits will be prohibited from participating in the SNAP for twenty-four (24) months for the first (1st) offense and permanently for the second (2nd) offense.

j.Individuals convicted of Federal aggravated sexual abuse, murder, sexual exploitation and abuse of children, sexual assault, or similar State laws, and who are also not in compliance with the terms of their sentence or parole, or are a fleeing felon, shall be prohibited from receiving SNAP benefits.

4.If a court fails to impose a disqualification period for the intentional program violation, the agency must impose the disqualification period penalties specified in this Section unless it is contrary to the court order. The agency must disqualify only the individual found to have committed intentional program violation or who signed the waiver of right to an administrative disqualification hearing, and not the entire household.

a.Even though only the individual is disqualified, the household is responsible for making restitution for the amount of the over issuance. All intentional program violation claims shall be established and collected in accordance with § 1.18 of this Part.

B.The hearing authority shall base the determination of intentional program violation on clear and convincing evidence which demonstrates that the household member(s) committed, and intended to commit, an intentional program violation as defined in § 1.9(C) of this Part.

C.Intentional Program violations shall consist of having intentionally:

1.Made a false or misleading statement, or misrepresented, concealed or withheld facts; or

2.Committed any act that constitutes a violation of SNAP, this Part, or any State statute for the purpose of using, presenting, transferring, acquiring, receiving, possessing or trafficking of coupons, authorization cards or reusable documents used as part of an automated benefit delivery system (access device).

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.10 Mini-Simplified SNAP

A.The Department of Human Services utilizes a State option that allows for the implementation of a Mini-Simplified SNAP Program. A Mini-simplified SNAP Program allows the agency to add the SNAP allotment to the RI Works (RI Works) grant to calculate the maximum number of hours a RI Works parent can participate in the unpaid work experience or community service.

1.The Mini-Simplified SNAP will thereby allow the agency to count the value of SNAP benefits and then deem any hours that fall short of the parents required hours in order to meet the RI Works work requirement.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.11 Work Requirements

A.The Food and Nutrition Act of 2008 (as amended through Pub. Law 118-5), requires each household member not exempt under 1.11.1 of this Part, to register for work, and to comply with all the employment and training requirements.

1.In Rhode Island, for Federal Fiscal Year (FFY) 2011 forward, until policy is amended otherwise, participation in an employment and training program is voluntary.

2.At the time of application, and once every twelve (12) months after initial registration, each household member who is not exempt and subject to the work requirement, must register for employment and be advised of their employment and training opportunities as a condition of eligibility.

a.The registration form need not be completed by the member required to register; it can be completed by a responsible household member or an authorized representative.

b.Household members are considered registered for work when the completed registration form is received or recorded by the DHS.

3.Strikers whose households are eligible under the criteria in § 1.2.10 of this Part are subject to the work registration requirements unless exempt under § 1.11.1 of this Part at the time of application.

1.11.1Exemptions from Work Registration

A.The following persons are exempt from the work registration requirement:

1.Persons under sixteen (16) or sixty (60) years of age or older

a.If a child has their sixteenth (16th) birthday within the certification period, the child must fulfill the work registration requirement as part of the next scheduled recertification process unless otherwise exempt.

b.Also exempt is a person aged sixteen (16) or seventeen (17) who is not a head of household or who is attending school or is enrolled in an employment training program on at least a half-time basis.

2.Persons with Disabling Conditions

a.Persons with disabling conditions incapable of gainful employment either permanently or temporarily. Persons claiming a temporary incapacity must be required to register once they become physically and mentally able to work.

b.Eligibility for and receipt of benefits from SSI is evidence of unemployability.

(1)In the case of an SSI household containing an "essential person," the individual situation must be examined to determine whether that essential person must register.

c.Receipt of disability payments under the Social Security Program (Retirement, Survivors and Disability Insurance (RSDI)) is considered proof of disability for purposes of this exemption.

d.Other individuals claiming an exemption for a physical or mental disability should furnish other verification which can substantiate such claim.

(1)Appropriate verification may consist of receipt of temporary or permanent disability benefits issued by governmental or private sources, or a statement from a physician or licensed or certified psychologist. If the individual cannot afford to pay a physician, the agency representative should provide the address of the appropriate Rhode Island Health Center.

e.Receipt of Workers' Compensation may also indicate temporary disability.

3.Persons Who Are Participants in the RI Works Program

a.A household member subject to and complying with any work registration requirement under Part A of Title IV of the Social Security Act, 42 U.S.C. Chapter 7, including the RI Works Employment Plan, is exempt from the SNAP work requirement.

b.A household member who is required to register for work under a Title IV-A program and who fails to comply with a registration requirement which is not comparable with the SNAP work registration requirement must not be denied SNAP benefits solely for this failure. The member loses their special exemption and must register for work with the Supplemental Nutrition Assistance Program if not otherwise exempt.

4.Persons Who Are Caretakers

a.A parent or other household member who is responsible for the care of a dependent child under six (6) or an incapacitated person.

(1)If the child has their sixth (6th) birthday within a certification period, the individual responsible for the care of the child must fulfill the work registration requirement as part of the next scheduled recertification process, unless that individual qualifies for another exemption.

(2)If a parent and another member of the household both claim to be responsible for the care of the same dependent child or incapacitated adult, the actual responsibility should be determined by discussion with the applicant.

5.Recipients of Unemployment Insurance (UI)

a.A person who has applied for, but has not yet begun to receive UI is also exempt, but only if that person was required to register for work with the Department of Labor and Training (DLT) as part of the UI application process. If the exemption claimed is questionable, the agency representative is responsible to verify the exemption with the Department of Labor and Training.

b.If a person's UI expires or is suspended, they must register for work unless otherwise exempt.

c.A household member who is required to register for work under the UI program and who fails to comply with a work registration requirement which is not comparable with the SNAP work registration requirement must not be denied SNAP benefits solely for this failure.

(1)Such member loses their special exemption and must register for work with the Supplemental Nutrition Assistance Program if not otherwise exempt.

6.Persons with Drug and Alcohol Dependency

a.A regular participant in a drug addiction or alcoholic treatment and rehabilitation program, either on a resident or nonresident basis.

(1)Regular participation in the program may be verified through the organization or institution operating the program.

7.Employed Persons

a.A person who is employed and working a minimum of thirty (30) hours weekly or receiving weekly earnings at least equal to the Federal minimum wage multiplied by thirty (30) hours is exempt.

(1)This includes migrant and seasonal farmworkers who are under contract or similar agreement with an employer or crew chief to begin employment within thirty (30) days (although this does not prevent individuals from seeking additional services from the Department of Employment Security).

b.If a person claims to be exempt by reason of employment of at least thirty (30) hours per week, verification of the amount of income received from such employment, as is elsewhere required for certification, is sufficient to establish the exemption, provided the amount of income appears to be consistent with employment for thirty (30) hours a week under the general conditions prevailing in the community.

(1)However, if the individual does not meet this test, but still claims to be employed, then, in cooperation with the agency representative, the applicant is requested to supply documentary evidence of the existence of an employee-employer relationship and that the number of hours worked is equivalent to thirty (30) hours a week.

c.Persons engaged in hobbies or volunteer work or any other activity which cannot (because of the minimal amount of monies received from such activity) be considered as gainful employment, must not be considered exempt from work registration regardless of the amount of time spent in such activity.

8.Self-employed Persons

a.Persons who are self-employed and working a minimum of thirty (30) hours weekly or receiving weekly earnings equal to or greater than the Federal minimum wage, multiplied by thirty (30) hours.

b.If a person claims to be exempt by reason of self-employment, verification of the amount of income received from self-employment is sufficient to establish the exemption, provided the amount of income appears to be consistent with a conclusion of full-time thirty (30) hours a week employment.

(1)If the income is not sufficient, but the person still claims to be self-employed, such person must cooperate with the agency representative in establishing that the income received from the self-employment enterprise is at least sufficient to be considered gainful employment and that the volume of work claimed justifies a determination that the self-employment enterprise is a full-time job for the purposes of this exemption.

9.Persons Who Are Students

a.A student is defined as an individual attending at least half-time in any recognized school, employment and training program or institution of higher education.

b.A student remains exempt during normal periods of class attendance, vacation and recess, unless the student graduates, is suspended or expelled, drops out or does not intend to register for the next normal school term (excluding summer school).

c.A person who is not enrolled at least half-time or who experiences a break in enrollment status due to graduation, expulsion, or suspension, or who drops out or otherwise does not intend to return to school, must not be considered a student for the purpose of qualifying for this exemption.

d.Persons enrolled in correspondence courses where physical attendance is not regularly required are not exempt.

e.Students under eighteen (18) years of age are granted an exemption for any income earned through employment or self-employment, except those no longer under the parental control of another household member.

f.The income and resources of a student is treated in accordance with § 1.2.4 of this Part.

10.Joint Applicants for SSI and SNAP

a.Household members who are applying for SSI and SNAP benefits under SSI/SNAP joint application processing have the requirement for work registration waived until:

(1)They are determined eligible for SSI and thereby become exempt from work registration; or,

(2)They are determined ineligible for SSI and, where applicable, a determination of their work registration status is then made through recertification procedures, in accordance with § 1.7 of this Part.

B.Determining Work Registration Exemptions and Time Limit Exceptions

1.The agency representative determines which household members meet the exemption from the work registration requirements and exception from time limits at the time of initial certification, recertification, change in employment status, or the required twelve (12) month registration period.

a.When determining exemptions and exceptions, the agency representative must apply the exemption from work requirement and time limit exception that lasts the longest.

2.In general, work registration exemptions and time limit exceptions must be verified using all available information prior to certification only if inconsistent with other information on the application, previous applications, or other documented evidence known to the agency in accordance with § 1.6 of this Part.

C.Changes in Exemption Status During the Certification Period

1.When an individual loses an exception during the certification period, the agency representative determines if the individual meets another exception before assigning countable months. If the Department receives information that an individual now meets an exception during the certification period, the agency worker promptly applies the exception and stops assigning countable months.

2.Persons losing exemption status due to any changes in circumstances which are subject to the reporting requirements described in § 1.13.1 of this Part (such as loss of employment that also results in a loss in earned income of more than one hundred twenty-five dollars ($125.00) a month, or departure from the household of the sole dependent child for whom an otherwise non-exempt household member was caring) must register for employment when the change is reported.

a.If the change is reported in person by the household member required to register, the person should complete the work registration form at the time the change is reported, unless this is not possible, in which case the household member must return the form to the agency representative within ten (10) calendar days.

b.If the change is reported in person by a household member other than the member required to register, the person reporting the change may complete the form at the time the change is being reported or deliver the form to the member required to register.

c.If the change is reported by phone, online or through the mail, the agency representative is responsible for providing the participant with a work registration form.

d.Participants are responsible for returning the form to the agency representative within ten (10) calendar days from either the date the form was handed to the household member reporting the change in person, or the date the agency representative mailed the form.

e.If the participant fails to return this form, a notice of adverse action must be issued stating that the participant or, if the individual is the head of household, the household is being terminated and the reason, but that the household can avoid termination by returning the form.

3.Those persons who lose their exemption due to a change in circumstances that is not subject to the reporting requirements of § 1.13.1 of this Part must register for employment at their households' next recertification.

1.11.2Work Registrant Requirements

A.All work registrants must:

1.Complete a work registration form;

2.Respond to a request from the SNAP representative for supplemental information regarding employment status or availability for work;

3.Report to an employer when referred by the SNAP E&T Program if the potential employment meets the suitability requirements in § 1.11.6 of this Part;

4.When involved in a SNAP employment training activity, accept a bona fide offer of suitable employment at a wage not less than the higher of either the applicable State or Federal minimum wage;

5.Participate and comply with case management services while enrolled in the E&T program unless good cause is established; and

6.Not voluntarily quit a job without good cause (see § 1.11.8 of this Part).

1.11.3Employment and Training Activities

A.Persons required to register for work and those exempt from work registration may voluntarily participate in an E&T program that must consist of virtual or in person case management services and at least one (1) of the E&T activities contained within this Section. Except in those circumstances identified in § 1.11.5 of this Part, such volunteers are not subject to disqualification for failure to meet participation requirements.

1.Case management services shall provide activities and resources for E&T participants based on their needs and interests in order to strengthen and support the participant’s ability to gain and retain employment. The time spent in case management services may count towards the E&T work registrant requirement but is limited to only allowable E&T activities listed in this Section. Case management services may include, but are not limited to:

a.Comprehensive intake employability assessments;

bIndividualized service plans;

c.Progress monitoring; or

d.Coordination with service providers.

2.The following are components that comprise the employment and training activities in which SNAP recipients may participate. These activities are not all-inclusive and may vary based on the SNAP E&T State Plan and E&T contract:

a.Supervised Job Search

(1)Supervised Job Search and job search training are services provided remotely or in-person at least monthly under direct supervision consisting of:

(AA)Training in networking as a job search technique;

(BB)Instruction in completing job applications and writing resumes;

(CC)Developing job interview skills; and

(DD)Advice on presentation for interviews.

(2)Participants are expected to contact employers in accordance with E&T contractor guidance to enable monitoring of their progress and identification of employment barriers.

b.Vocational Skills Training

(1)Opportunities for vocational skills training are made available to E&T participants who have some work experience but do not possess occupationally-oriented skills. E&T participants could receive on-the-job training (OJT) with private employers or classroom training. Services are designed to enable participants to re-enter the labor market.

c.Work Experience

(1)Provides opportunities to improve the employability of participants through actual work experience, training or both, and enables the transition into regular employment.

(AA)Assignments take place in a workplace for a limited time period, may be paid or unpaid, as appropriate, and must abide by labor standards as defined by the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, et seq.

(2)Work experience may include:

(AA)Work activity performed in exchange for SNAP benefits that provides participants who cannot find unsubsidized, full-time employment with an opportunity to acquire the general skills, knowledge and work practices necessary to obtain employment; or

(BB)Work-based learning comprised of structured work activities that combine, in some form, education and/or training by industry or community professionals in real world or simulated settings. These activities can include both subsidized and unsubsidized employment models such as:

(i)Internships;

(ii)Pre-apprenticeships/apprenticeships;

(iii)On-the-job training (OJT) or customized trainings; and

(iv)Transitional jobs.

d.Job Retention

(1)The State may offer job retention services (see § 1.11.4 of this Part) to E&T participants who have secured employment for a minimum of thirty (30) days, to help participants achieve satisfactory performance, retain employment, and increase earnings over time.

(AA)Only individuals who have received other employment and/or training services under the E&T program are eligible for job retention services.

(2)Individual circumstances may determine that job retention services begin at various times, however the E&T participant must have been receiving SNAP in the month of or the month prior to beginning job retention services.

(3)The Department will provide at least thirty (30) days, but no more than ninety (90) days of job retention services.

(4)There is no limit to the number of times an individual may receive job retention services as long as the individual re-engages in SNAP E&T services prior to obtaining new employment.

(5)An otherwise eligible individual who refuses or fails to accept or comply with job retention services offered by the State agency may not be disqualified as specified in § 1.11.3(A) of this Part.

e.Remedial and Basic Education Component

(1)E&T participants may be referred to educational activities in order to improve their basic reading and math skills, and subsequently, increase work readiness to improve their employment prospects. These activities are Work Readiness Training, Literacy Training, Basic and Remedial Education, Graduate Equivalency Diploma (GED) Training and English as a Second (2nd) Language (ESL).

(2)Assignment to these educational activities is based on assessments by the SNAP E&T contractor and the service providers. All educational activities to which work registrants are referred will meet the minimum requirement of twelve (12) hours per month for two (2) months.

B.E&T participants who are not a good fit for a program component, as determined by the E&T provider, shall be redirected to another, more appropriate activity.

1.11.4Support Services

A.The following support services are available to individuals participating in the SNAP E&T program:

1.Transportation Allowance

a.Upon written documentation from the service provider, the SNAP E&T contractor may authorize an expense payment of two hundred dollars ($200.00) per month during the period the participant is involved in a component activity.

2.Dependent Care Reimbursement

a.Reimbursement for dependent care expenses is allowable up to two hundred seventy-five dollars ($275.00) per month per dependent expenses that are incurred while a participant is fulfilling an E&T obligation.

(1)Reimbursement is limited to dependent care expenses for children under age thirteen (13) and incapacitated persons.

(2)No reimbursement is made for payment to dependent care providers who reside in the same household as the dependent child or incapacitated person.

b.The SNAP E&T contractor is responsible for oversight, documentation and invoicing.

3.Work-Readiness Fee

a.Allowances for work-related expenses are approved, managed and invoiced by the SNAP E&T contractor. The fee is authorized by the SNAP E&T contractor for a participant who is actively engaged in an approved E&T component.

b.In the non-vocational education component, course registration fees and such materials as may be needed to complete the course may qualify.

c.In the vocational training component, program registration fees, miscellaneous equipment (e.g., stethoscopes, special shoes, and uniforms) required by a program under the vocational component may also qualify for the use of this fee.

d.This fee is excluded as income for SNAP purposes.

1.11.5Failure to Comply with a Work Requirement

A.Certain work requirements still apply to mandatory work registrants even under a voluntary E&T program.

1.If an individual who is required to register refuses or fails without good cause to comply with the requirements imposed by § 1.11.2 of this Part, that individual is ineligible to participate in the Supplemental Nutrition Assistance Program and is treated as an ineligible household member (See § 1.5.6 of this Part).

B.Disqualification Periods

1.Disqualification related to §§ 1.11.5(A)(1) and 1.11.8 of this Part will be imposed as follows:

a.For the first (1st) occurrence of noncompliance, the individual will be disqualified until the later of:

(1)The date the individual complies; or

(2)One (1) month.

b.For the second (2nd) occurrence, the individual will be disqualified until the later of:

(1)The date the individual complies; or

(2)Three (3) months.

c.For the third (3rd) occurrence, the individual will be disqualified until the later of:

(1)The date the individual complies; or

(2)Six (6) months.

2.When a noncompliant member joins another household, the individual is to be ineligible for the relevant period and must be considered an ineligible household member as provided in § 1.2.5 of this Part.

C.Determining Good Cause for Failure to Comply with Work Requirements

1.The agency is responsible for determining good cause in those instances when a work registrant has failed to comply with the requirements set forth in this Subchapter. The registrant is responsible for submitting evidence in support of any claim of good cause.

2.The agency representative must consider the facts and circumstances, including information submitted by the household member involved, the employer, or the E&T contractor.

3.Good cause includes circumstances beyond the member's control, such as, but not limited to:

a.Illness or incapacity;

b.Illness of another household member sufficiently serious to require the presence of the registrant;

c.Unanticipated household emergency;

d.Court-required appearance;

e.Incarceration;

f.Breakdown in transportation arrangements with no readily accessible means of transportation;

g.Inclement weather which prevented the registrant and other persons similarly situated from traveling to, or accepting a bona fide offer of employment;

h.Problems caused by the inability of the registrant to speak, read or write English;

i.Lack of adequate childcare for children who have reached age six (6) but are under age twelve (12); or

j.Unavailability of a suitable E&T component or opening in an E&T program. In this circumstance, good cause shall only extend until the DHS identifies an appropriate and available E&T opening and informs the individual of this opening.

D.Notice of Adverse Action and Fair Hearing

1.Within five (5) days of noncompliance with the work requirements as listed in § 1.11.2 of this Part, the agency must issue a Notice of Adverse Action (NOAA).

a.The work registrant has ten (10) days to respond and offer evidence of good cause.

b.The Notice of Adverse Action must state the particular act of noncompliance committed, the proposed period of disqualification and must specify that the individual or household may reapply at the end of the disqualification period.

c.Information is also included describing the action which can be taken to end or avoid the sanction.

2.The disqualification period begins with the first (1st) month following the expiration of the adverse notice period, unless a fair hearing is requested.

3.Each individual or household has a right to a fair hearing to appeal a denial, reduction, or termination of benefits due to a determination of non-exempt status, or determination of failure to comply with the work registration or employment and training requirements of this Section.

a.Individuals or households may appeal agency actions such as exemption status, the type of requirement imposed, or agency refusal to make a finding of good cause if the individual or household believes that a finding of failure to comply has resulted from improper decisions on these matters.

b.A household must be allowed to examine its employment component case file at a reasonable time before the date of the hearing, except for confidential information (which may include test results) that the agency determines should be protected from release.

c.Information not released to a household may not be used by either party at the hearing. The results of the hearing are binding on the agency.

1.11.6Suitable Work

A.Any employment is considered suitable if:

1.The wage offered is at least the highest of:

a.The applicable Federal minimum wage;

b.The applicable State minimum wage; or,

c.Eighty percent (80%) of the Federal minimum wage, if neither the State nor Federal minimum wage is applicable.

2.The employment offered is on a piece-rate basis, and the average hourly yield the employee can reasonably expect to earn at least equals the applicable hourly wages specified above.

3.The registrant, in order to be hired or to continue working, is not required to join, resign from, or refrain from joining any legitimate labor organization.

4.The work offered is not at a site subject to a strike or lockout at the time of the offer unless the strike has been enjoined under § 208 of the Labor Management Relations Act (Taft-Hartley), or unless an injunction has been issued under the Railway Labor Act, 45 U.S.C. § 151 et seq.

5.Employment is considered suitable unless the registrant demonstrates, or the agency representative determines, that:

a.The risk to health and safety is unreasonable.

b.The member is physically or mentally unable to perform the essential functions of the job, as documented by medical evidence or by reliable information from other sources.

c.The employment offered within the first thirty (30) days of registration is not in the registrant's major field of experience.

d.The distance from the registrant's home to the place of employment is unreasonable based on the expected wage and the time and cost of commuting.

(1)Daily commuting time should not exceed two (2) hours per day, not including the transportation of a child to and from a child-care facility.

(2)Neither should employment be considered suitable if the distance to the place of employment prohibits walking, and both public and private transportation are unavailable to use in getting to the job site.

e.The working hours or nature of the employment interferes with the member's religious observances, convictions, or beliefs.

1.11.7Ending a Disqualification

A.Following the end of the disqualification period for failure to comply with work requirements such as refusal to register for work, participation may resume if the disqualified individual applies again and is determined to be in compliance with the work requirements.

1.Eligibility may also be reestablished within a disqualification period if the member becomes exempt from the work requirement, or the member complies as follows:

a.Refusal to register – completes the work registration form.

b.Refusal to respond to a request from an agency – Representative requiring supplemental information regarding employment status or availability for work — compliance with the request.

c.Refusal to report to a specific employer when referred by an agency representative – reporting to this employer if work is still available or to another employer to whom referred.

d.Refusal to accept a bona fide offer of suitable employment when referred by an agency representative — acceptance of this employment, if still available to the participant, 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 Federal minimum wage multiplied by thirty (30) hours.

1.11.8Voluntary Quit Provision

A.No individual is eligible to participate in the SNAP as specified below when the individual voluntarily and without good cause quits a job of thirty (30) hours a week or more, or reduces their work effort within the sixty (60) days prior to the date of application or at any time thereafter.

1.The reduction of work effort provision applies if, before the reduction, the individual was employed thirty (30) hours or more per week and the reduction was voluntary and without good cause. If the individual reduces their work hours to less than thirty (30) hours/week but continues to earn weekly wages that exceed the Federal minimum wage multiplied by thirty (30) hours, the individual remains exempt from program work requirements and the reduction of work provision does not apply.

2.Persons who are exempt from the work registration provisions are exempt from the voluntary quit provision.

B.Determination of Voluntary Quit

1.When a household files an application for participation, or when a participating household reports the loss of a source of income, the agency representative must determine whether any household member voluntarily quit their job.

a.Benefits are not delayed beyond the normal processing times outlined in § 1.3 of this Part pending the outcome of this determination.

2.This provision applies only if:

a.The employment involved thirty (30) hours or more per week or provided weekly earnings at least equivalent to the Federal minimum wage multiplied by thirty (30) hours;

b.The quit occurred within sixty (60) days prior to the date of application or anytime thereafter; and,

c.The quit was without good cause.

3.If an individual quits a job, secures new employment at comparable wages or hours and is then laid off or, through no fault of their own loses the new job, the earlier quit does not form the basis of a disqualification.

4.An employee of the Federal government or of a State or local government who participates in a strike against such government and is dismissed from their job because of participation in the strike, must be considered to have voluntarily quit their job without good cause.

5.Applicant households

a.In the case of an applicant household, the agency representative must determine whether any currently unemployed (i.e., employed less than thirty (30) hours per week or receiving less than weekly earnings equivalent to the Federal minimum wage multiplied by thirty (30) hours) household member who is required to register for work has voluntarily quit their most recent job or reduced their work effort within the last sixty (60) days.

b.If the agency representative learns that a household has lost a source of income after the date of application but before the household is certified, the agency representative must determine whether a voluntary quit occurred.

c.If the voluntary quit was without good cause, the household's application for participation is denied and sanction imposed according to § 1.11.5(B) of this Part, starting from the date of the quit.

(1)The agency representative must provide the applicant household with a notice of denial in accordance with § 1.3.6 of this Part.

d.The notice must inform the household of the following:

(1)The period of disqualification;

(2)The right to reapply at the end of the disqualification period; and

(3)The right to a fair hearing.

6.Participating Households

a.In the case of a participating household, the agency representative must determine whether any household member voluntarily quit their job or reduced their work effort while participating in the program, or in the time between application and certification.

b.If the agency representative determines that a member of the household voluntarily quit their job while participating in the program or later discovers a quit occurred within sixty (60) days prior to application or between application and certification, they provide the household with a notice of adverse action as specified in § 1.14 of this Part, within ten (10) days after the determination of a voluntary quit is made. Such notification must contain:

(1)The particular act of noncompliance which was committed;

(2)The proposed period of disqualification;

(3)The actions which may be taken to end or to avoid the disqualification: and,

(4)Specification that the household may reapply at the end of the disqualification period.

c.Except as otherwise specified in this Section, the period of ineligibility is determined according to § 1.11.5(B) of this Part beginning with the first (1st) of the month after all normal procedures for taking adverse action have been followed.

7.Each household has a right to a fair hearing to appeal a reduction or termination of benefits due to a determination that the head of household voluntarily quit their job without good cause.

a.If the participating household requests a fair hearing and the agency's determination is upheld, the disqualification period begins with the first (1st) of the month after the hearing decision is rendered.

8.Persons who have been disqualified for quitting a job must carry their sanction with them if they join a new household.

C.Good Cause for Voluntary Quit

1.Good cause for leaving employment includes the good cause provisions specified in § 1.11.5 of this Part and resigning from a job that does not meet the suitability criteria specified in § 1.11.8 of this Part. Good cause for leaving employment must be substantive, not solely an allegation, and includes:

a.Discrimination by an employer based on age, race, sex, color, handicap, religious beliefs, national origin or political beliefs;

b.Work demands or conditions that render continued employment unreasonable, such as working without being paid on schedule;

c.Acceptance by the primary wage earner of employment, or enrollment of at least half-time in any recognized school, training program or institution of higher education that requires the primary wage earner to leave employment;

d.Acceptance by any other household member of employment or enrollment of at least half-time in any recognized school, training program or institution of higher education in another area which requires the household to move and thereby requires the primary wage earner to leave employment;

e.Resignations by persons under the age of sixty (60) which are recognized by the employer as retirement;

f.Employment which becomes unsuitable by not meeting the criteria as specified in § 1.11.8 of this Part, after the acceptance of such employment;

g.Acceptance of a bona fide offer of employment of more than thirty (30) hours a week or in which the weekly earnings are equivalent to the Federal minimum wage multiplied by thirty (30) 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 thirty (30) hours a week or weekly earnings of less than the Federal minimum wage multiplied by thirty (30) hours; and

h.Leaving a job in connection with patterns of employment in which workers frequently move from one (1) employer to another, such as migrant farm labor or construction work. Even though work may not yet be available at the new job site, the quitting of the previous employment is considered as with good cause if it is part of the pattern of that type of employment.

2.Verification of Good Cause

a.Verification of questionable information provided by the household is obtained as specified in § 1.6.2 of this Part. The client is the primary source.

(1)If it is difficult or impossible for the household to obtain documentary evidence in a timely manner, the agency representative offers assistance to obtain the needed verification.

b.Acceptable sources of verification include, but are not limited to, the previous employer, employee associations, union representatives, and grievance committees or organizations.

c.Whenever documentary evidence cannot be obtained, the agency representative substitutes a collateral contact.

d.A household member is eligible when the requested verification is unattainable because the cause for the quit resulted from circumstances which, for good reason, cannot be verified, such as a resignation from employment due to discrimination practices, unreasonable demands by an employer, or because the employer cannot be located.

D.Ending a Voluntary Quit Disqualification

1.Following the end of the disqualification period, an individual may begin participation in the program if he or she reapplies and is determined eligible.

2.Eligibility may be reestablished during a disqualification period and the individual, if otherwise eligible, may be permitted to resume participation if the individual becomes exempt from the work requirements under § 1.11.1 of this Part.

E.Application in the final month of disqualification:

1.If an application for participation is filed in the final month of the mandatory disqualification period, the agency must use the same application for the denial of benefits in the remaining month of disqualification and certification for any subsequent month(s) if all other eligibility criteria are met.

1.11.9Able-Bodied Adults without Dependents (ABAWDs)

A.Definition

1.An Able-Bodied Adult without Dependents (ABAWD) is limited to three (3) months of SNAP eligibility in any three (3) year period while not fulfilling the ABAWD work requirement or otherwise exempt. The ABAWD work requirement applies to be people who are:

a.eighteen (18) through sixty-four (64) years of age;

b.Fit for employment;

c.Do not live in a SNAP household with a minor;

d.Not pregnant;

e.Not already exempt from the general work requirements in (See § 1.11.1 of this Part); and

f.Not residing in an exempt city/town.

2.A “countable month” is any month in which an ABAWD receives a full month of benefits while not fulfilling the ABAWD work requirement or otherwise exempt.

a.Countable months also include those months received in other States.

3.Rhode Island utilizes a “fixed statewide clock” to calculate the three (3) year period. The clock begins on a given date and runs continuously for three (3) years for all households.

B.Work Requirements

1.Unless exempt, an ABAWD is ineligible to participate in SNAP as a member of any household if the individual, in a thirty-six (36) month period, received SNAP benefits for three (3) months (consecutive or otherwise) during which they did not:

a.Work twenty (20) or more hours per week, averaged monthly;

b.Participate in and comply with the requirements of a work program for twenty (20) or more hours per week;

c.Participate in and comply with the requirements of an appropriate SNAP E&T (unpaid) Work Experience Program (if it is an available component under the RI SNAP E&T plan);

d.Receive benefits due to exemption from these work requirements; or,

e.Receive benefits due to regaining eligibility as discussed in § 1.11.9(G) of this Part.

C.A work program is defined as:

1.A program under the Workforce Innovation and Opportunity Act (WIOA) (Pub. Law 113-128);

2.A program under § 236 of the Trade Act of 1974 (Pub. Law 93-618) (known as the Trade Readjustment Act or "Trade Program");

3.The SNAP E&T Program other than a job search or job search training program. Such a program may contain supervised or unsupervised job search or job search training as a subsidiary component as long as such component is less than half the work requirement; and

4.SNAP E&T programs for veterans operated by the Department of Labor or the Department of Veteran's Affairs.

D.Working means:

1.Work in exchange for money;

2.Work in exchange for goods or services ("in-kind" work); or

3.Unpaid work/workfare program.

E.The resources and income of an ineligible ABAWD are handled in accordance with § 1.5.6 of this Part.

F.Exemptions from Time Limits:

1.An individual is exempt from the time limit set forth in § 1.11.9(C) of this Part if they are:

a.Below the age limit of eighteen (18) years of age or above the age limit of sixty-four (64) years of age.

b.Medically certified as physically or mentally unable to work;

c.A parent (natural, adoptive, or step) of a household member under age fourteen (14), even if the household member who is under age fourteen (14) is not themself eligible for SNAP benefits;

d.Pregnant;

e.A member of a SNAP household in which one (1) of the members is under age fourteen (14), even if the household member who is under age fourteen (14) is not themself eligible for SNAP benefits;

f.Residing in certain areas with a high unemployment rate as determined by the agency with approval by the FNS;

g.Indians, Urban Indians, California Indians, and other Indians who are eligible for the Indian Health Services as defined in § 6 (o)(3) of the Food and Nutrition Act of 2008 (as amend by Pub. Law 119-21);

h.Otherwise exempt pursuant to § 1.11.1 of this Part.

G.Provision for Regaining Eligibility

1.ABAWDs who have exhausted their countable months can regain eligibility one (1) time during the thirty-six (36) month period if during a consecutive thirty (30) day period, the individual:

a.Works eighty (80) or more hours;

b.Participates in and complies with the requirements of a work program as defined in § 1.11.3 of this Part for eighty (80) or more hours; or

c.Participates in and complies with the requirements of an appropriate SNAP Employment and Training (unpaid) Work Experience Program.

2.If an individual loses this employment or ceases to participate in a work or workfare program, participation can continue for up to three (3) consecutive months (beginning from the date the agency representative is notified that work has ended, after which the only cure during the thirty-six (36) month period will be to comply with the work requirement or become exempt.

a.An individual shall not receive benefits under this paragraph more than once in any three (3) year period.

3.An individual who is subject to the ABAWD requirements and is not exempt or eligible for an additional three (3) month period due to fulfilling the work requirement, is ineligible for SNAP benefits in the month of re-application.

4.A countable month is any month in which an ABAWD receives SNAP benefits for the full benefit month while not meeting or exempt from ABAWD work requirements. Any month in which an ABAWD does not receive a full month of benefits cannot be considered a countable month.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.12 Quality Control Sanctions

A.A household must be determined ineligible if it refuses to cooperate in any subsequent review of its eligibility as a part of a quality control (QC) review.

1.If a household is terminated for refusal to cooperate with a QC reviewer (in accordance with the QC procedures for notification to the household of the penalties for refusal to cooperate), the household may reapply but must not be determined eligible until it cooperates with the QC reviewers.

2.If the household, terminated for refusal to cooperate with a DHS QC reviewer, reapplies after one hundred twenty-five (125) days from the end of the annual review period (which is the calendar year from October 1 to September 30), the household shall not be determined ineligible for its refusal to cooperate with a QC reviewer during the completed review period, but must provide all required verification prior to certification.

3.If a household, terminated for refusal to cooperate with a Federal QC reviewer, reapplies after nine (9) months from the end of the annual review period, the household shall not be determined ineligible for its refusal to cooperate with a Federal QC reviewer during the completed review period, but must provide all necessary verification prior to certification.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.13 Ongoing Case Management

1.13.1Changes

A.For reporting changes during a SNAP household's certification period, there are two (2) classifications:

1.Change Reporters: A household that is designated as a "change reporter" must report any change in circumstances, income, resources, and expenses which occur during their certification period within ten (10) days of the date the change becomes known to the household.

a.The following types of households are change reporters:

(1)Households with no earned income and in which all members are elderly or disabled (ESAP); or

(2)Households which include migrant and seasonal farmworkers.

b.The ten (10) day reporting period begins with the date the change becomes known to the household.

c.Changes may be reported in person, by telephone, or by mail, or by using the Change Report Form.

d.Change reporters must report the following changes within ten (10) days:

(1)A change in the source of income, including starting or stopping a job or changing jobs, if the change in employment is accompanied by a change in income;

(2)A change in wage rate or salary, or change in full-time or part-time employment status (as determined by the employer).

(3)Changes in the amount of unearned income of more than one hundred twenty-five dollars ($125.00), except for a change in RI Works or GPA cash assistance;

(4)All changes in household composition, such as the addition or loss of a household member;

(5)Changes in residence and the resulting change in shelter costs;

(6)Acquisition of a licensed vehicle not excluded under § 1.5.5 of this Part;

(7)A change in liquid resources, such as cash, stocks, bonds and bank accounts that reach or exceed the resource limits as described in §§ 1.5.5(B)(1)(a) and (b) of this Part, unless these assets are excluded under §§ 1.5.5(D) and (G) of this Part.

(AA)RI Works/SNAP change reporting households must report changes in assets when they exceed the RI Works resource limit of five thousand dollars ($5,000.00).

(8)Changes in the legal obligation to pay child support.

(9)Whenever a member of the household wins substantial lottery or gambling winnings.

(AA)RI Works/SNAP change reporting households must report a cash prize won in a single game, before taxes or other amounts withheld, which is equal to or greater than the elderly and/or disabled resource limit as defined in § 1.5.5 of this Part.

e.For households comprised entirely of migrant and seasonal farmworkers, the agency representative will send the household a Mid-Certification Reminder Letter on or about the fifteenth (15th) day of the twelfth (12th) month of its certification.

(1)The letter reminds the household of its responsibility to report any changes within ten (10) days.

f.All ESAP households are required to report changes within ten (10) days of the date the change becomes known to the household, (See § 1.13.1 of this Part).

2.Simplified Reporters: All other households are simplified reporters.

a.With the exception of the interim report and lottery/gambling winnings (see below), a simplified reporting household's sole reporting requirement is to report changes in income which bring the household's gross income in excess of the gross income eligibility standard for that size household by the tenth (10th) day of the month following the month in which the change occurred.

(1)If a household has an increase in its income, it must determine its total gross income at the end of the month. If the total gross income exceeds the household's SNAP gross income eligibility standard, the household must report the change no later than ten (10) days from the end of the calendar month in which the change occurred, provided that the household receives the payment with at least ten (10) days remaining in the month.

(AA)If there are not ten (10) days remaining in the month, the household must report within ten (10) days from receipt of the payment.

(2)Whenever a member of the household wins substantial lottery or gambling winnings.

(AA)Simplified reporting households must report a cash prize won in a single game, before taxes or other amounts withheld, which is equal to or greater than the elderly and/or disabled resource limit as defined in § 1.5.5 of this Part.

(3)No other change reporting is required during the certification period.

b.A "simplified reporter" household must submit an Interim Report Form in its sixth (6th) month of certification.

B.Public Assistance (PA) Household Changes

1.Households are not required to report changes in the assistance payment grant.

a.Since the agency representative has prior knowledge of all changes in the assistance payment grant, action must be taken on this information.

2.PA households which report a change in circumstances to the PA worker are considered to have reported the change for SNAP purposes.

3.A household must be notified whenever its benefits are altered as a result of changes in the PA benefits.

a.Adequate time for the agency representative to send a notice of expiration and for the household to timely reapply must be allowed.

b.If the PA benefits are terminated but the household is still eligible for SNAP benefits, members of the household must be advised of SNAP work registration requirements, as appropriate.

4.Whenever a change results in the reduction or termination of the household's PA benefits within its SNAP certification period, and the agency representative has sufficient information to determine how the change affects the household's SNAP eligibility and benefit level, the agency representative takes the following actions:

a.If a change in household circumstances requires both a reduction or termination in the PA payment and a reduction or termination in SNAP benefits, the agency representative must issue a notice of adverse action for both the PA and SNAP actions.

(1)If the household requests a hearing within the period provided by the notice of adverse action, the household's SNAP benefits should be continued on the basis authorized immediately prior to sending the notice.

(AA)If the hearing is requested for both programs' benefits, the hearing is conducted according to PA procedures and timeliness standards.

(BB)However, the household must reapply for SNAP benefits if the SNAP certification period expires before the hearing process is completed.

(CC)If the household does not appeal, the change is made effective in accordance with the procedures specified in this Section.

b.If the household's SNAP benefits are increased as a result of the reduction or termination of PA benefits, the agency representative issues the PA notice of adverse action but does not take any action to increase the household's SNAP benefits until the household decides whether it will appeal the adverse PA action.

(1)If the household decides to appeal and its PA benefits are continued, the household's SNAP benefits may continue at the previous basis.

(2)If the household does not appeal, the agency representative makes the change effective in accordance with the procedures specified in this Part except that the time limits for the agency representative to act on changes which increase a household's benefits are calculated from the date the PA notice of adverse action period expires.

5.Whenever a change results in the termination of a household's PA benefits within its SNAP certification period, and the agency representative does not have sufficient information to determine how the change affects the household's SNAP eligibility and benefit level (such as when a non-custodial parent returns to a household, rendering the household ineligible for public assistance, and the agency representative does not have any information on the income of the new household member), the agency representative does not terminate the household's SNAP benefits but instead takes the following action:

a.If the situation requires a reduction or termination of PA benefits, the agency must issue a request for documentation at the same time it sends a PA notice of adverse action.

b.Before taking further action, the agency must wait until the household's PA notice of adverse action period expires or until the household requests a fair hearing, whichever occurs first.

c.If the household requests a fair hearing and elects to have its PA benefits continued pending the appeal, the agency must continue the household's SNAP benefits at the same level.

d.If the household decides not to request a fair hearing and continuation of its PA benefits, the agency must resume action on the changes.

e.If the situation does not require a PA notice of adverse action, the agency must issue a request for documentation.

(1)Depending on the household's response to the request for documentation, the agency must take appropriate action, if necessary, to close the household's case or adjust the household's benefit amount.

6.When a mass change to public assistance payments is made, corresponding adjustments in households' SNAP benefits are handled as a mass change.

a.When there is at least thirty (30) days advance knowledge of the amount of the public assistance adjustment, SNAP benefits must be recalculated to be effective in the same month as the public assistance change.

b.If there is not sufficient notice, the SNAP change must be effective not later than the month following the month in which the public assistance change was made.

c.A notice of adverse action is not required when a household's SNAP benefits are reduced or terminated as a result of a mass change in the public assistance grant.

(1)However, the agency sends individual notices to such households to inform them of the change.

(2)If a household requests a fair hearing, benefits are continued at the former level only if the issue being appealed is that SNAP eligibility or benefits were improperly computed.

C.Failure to Report Changes

1.If a household failed to report a required change and, as a result, received benefits to which it was not entitled, the agency representative refers a claim of over issuance against the household in accordance with § 1.18 of this Part.

2.Individuals are not terminated for failing to report a change, unless the individual is disqualified in accordance with the intentional program violation disqualification procedures specified in § 1.9 of this Part.

D.Action on Changes

1.The agency is required to take prompt action on all changes of which it becomes aware to determine if the change affects the household's eligibility or allotment.

a.Exception: during the certification period, the agency representative shall not act on changes in the medical expenses of households eligible for the medical expense deduction if the information comes from a source other than the household and which, in order to take action, require the worker to contact the household for verification.

b.The agency shall act on those changes that it learns about from a source other than the household if those changes are verified upon receipt and do not necessitate contact with the household.

c.Restoration of lost benefits is provided to any household if the agency representative fails to take action on a change which increases benefits within the specified time limits.

2.For changes which result in an increase in a household's benefits, the agency representative makes the changes effective no later than the first (1st) allotment issued ten (10) days after the date the change was reported.

a.However, in no event must these changes take effect any later than the month following the month in which the change is reported.

b.Therefore, if the change is reported after the twentieth (20th) of the month, and it is too late for the agency representative to adjust the following month's allotment, the agency representative must approve a supplement for the household to obtain the increase in benefits by the tenth (10th) day of the following month, or the household's normal issuance cycle in that month, whichever is later.

c.For changes which result in an increase in a household's benefits and do not require the issuance of a supplementary allotment as required in § 1.19 of this Part, the agency representative makes the change effective no later than with the first (1st) allotment issued ten (10) days after the date the change was reported to the agency.

3.If the household's benefit level decreases or the household becomes ineligible as a result of the change, the agency must issue a notice of adverse action within ten (10) days of the date the change was reported unless one (1) of the exemptions to the notice of adverse action in § 1.14(C) of this Part applies.

a.When a notice of adverse action is used, the decrease in the benefit level must be made effective no later than the allotment for the month following the month in which the notice of adverse action period has expired, provided a fair hearing and continuation of benefits have not been requested.

b.When a notice of adverse action is not used because one (1) of the exemptions in § 1.14(C) of this Part applies, the decrease must be made effective no later than the month following the change. Required verification must be obtained prior to recertification.

4.When there is an overall adjustment, to public assistance payments, RI Works or GPA, corresponding adjustments in the household's SNAP benefits are handled as a mass change.

a.When the agency has at least thirty (30) days advance knowledge of the amount of the RI Works and/or GPA adjustment, the agency makes the change in benefits effective in the same month as the RI Works and/or GPA change.

b.If the agency does not have sufficient notice, the SNAP change is effective no later than the month following the month the RI Works and/or GPA change was made.

c.A notice of adverse action is not required when a household's SNAP benefits are reduced or terminated as a result of a mass change in the RI Works and/or GPA grant.

(1)However, an individual notice is sent to the household informing them of the change.

(2)If a household requests a hearing, benefits are continued at the former level only if the issue being appealed is that SNAP eligibility or benefits were improperly computed.

E.Unclear Information

1.The agency must pursue clarification and verification (if applicable) of household circumstances from which the agency cannot readily determine the effect on the household’s continued eligibility for SNAP, or in certain cases, benefit amounts. The agency may receive such unclear information from a third (3rd) party.

a.Unclear information is information that is not verified but the agency needs additional information to act on the change such as electronic data matches that are not considered to be verified upon receipt.

2.The agency must pursue clarification and verification (if applicable) of household circumstances if unclear information is:

a.Fewer than sixty (60) days old relative to the current month of participation; and would, if accurate, have been required to be reported under § 1.13.1 of this Part based on the reporting system to which the household has been assigned; or

b.The information appears to present significantly conflicting information from that used by the agency at the time of certification.

3.The agency shall issue a written request for documentation that advised the household of the verification it must provide or the actions it must take to clarify its circumstances, which affords the household at least fifteen (15) days to respond.

a.If the household does not respond, or does respond but refuses to provide sufficient information to clarify its circumstances, the agency must issue a notice of adverse action as described in § 1.14 of this Part indicating that the case will close, and the household will need to submit a new application in order to continue participating in the program.

b.If the household responds to the request for documentation and provides sufficient information, the agency must act on the new circumstances.

c.If the unclear information does not meet the criteria in §§ 1.13.1(E)(1)(a) and 1.13.1(E)(2)(a) of this Part, then the agency shall not act on the information or require the household to provide information until the household’s next certification action or interim report form is due.

4.Unclear information resulting from certain data matches:

a.If the agency receives match information from an electronic data source, that agency shall notify the household of the match results. The notice shall explain what information is needed from the household and the consequences for failing to respond to the notice.

b.For households subject to change reporting, if the household fails to respond to the notice of match results or does respond but refused to supply sufficient information to clarify its circumstances, the agency shall issue a notice of adverse action that closes the case.

c.For households not subject to change reporting, if the household fails to respond to the notice of match results or does not respond but refused to provide sufficient information to clarify its circumstances, the agency shall remove the subject individual and the individual’s income from the household and adjust benefits accordingly.

1.13.2Interim Reporting

A.All SNAP households are subject to Interim reporting requirements, with the exception of the following households:

1.Households with no earnings and in which all members are elderly or disabled (ESAP households); and

2.Households which include migrant and seasonal farmworkers.

B.Household composition and financial circumstances at the time of application will be the basis of the SNAP benefit amount for the first (1st) half of the certification period unless the household reports a change during the certification period before the Interim Report period.

1.The household composition and financial circumstances reported on the Interim Report will be the basis of the SNAP benefit amount for the remainder of the certification period unless the household reports additional changes following the filing of the Interim Report.

2.In the fifth (5th) month of certification, households subject to interim reporting will receive an Interim Report Form in the mail.

3.Households must complete the form in its entirety and mail the form along with the required verifications back to the agency by the fifth (5th) day of the sixth (6th) month of certification.

a.A household that submits an Interim Report by the fifth (5th) day of the sixth (6th) month of the certification period is considered to have made timely report.

b.Failure to return the Interim Report Form will result in closure of SNAP benefits.

c.An application can be accepted in lieu of an Interim Report Form if it is received in the month the Interim Report is due, or the following month.

(1)If an application in lieu of an Interim Report is used to reinstate benefits, an interview is not required, and all verification Rules applicable to Interim Report processing instead of application processing apply.

4.If a household fails to return the Interim Report Form by the fifth (5th) day of the sixth (6th) month of the certification period, the agency must send a warning notice to the household.

a.The household will have ten (10) days from the mail date to return the Interim Report Form, along with all of the necessary verifications or the case will close by the end of the sixth (6th) month of the household's certification period.

5.An Interim Report form is incomplete if:

a.The case name, head of household, responsible household member or authorized representative has not signed the form;

b.The household fails to submit verification of changes in earned income, changes in unearned income, or residency; or

c.The household fails to provide information needed to determine eligibility or benefit level.

6.If an eligible household files a complete interim report after the case has been closed, but before the end of the report month (month in which the report is due), the agency shall reopen the case without requiring the household to file an application and shall approve benefits no later than ten (10) days after the household normally receives benefits.

7.If a household files a complete interim report after the end of the report month but before the end of the month following the month in which it was due, the agency shall reinstate assistance, and if otherwise eligible, approve benefits within thirty (30) days from the date the interim report is received.

8.In order to determine eligibility for the second (2nd) half of the household's certification period, the household must supply the following information:

a.Changes of more than one hundred twenty-five dollars ($125.00) in unearned income (excluding changes in public assistance or general assistance programs when jointly processed with SNAP cases);

b.Changes in the source of income, including starting or stopping a job or changing jobs, if the change in employment is accompanied by a change in income;

c.Changes in wage rate or salary, or change in full-time or part-time employment status (as determined by the employer);

d.Changes in household composition;

e.Changes in residence and resulting changes in shelter costs;

f.Acquisition of a non-excluable vehicle;

g.Resources that reach or exceed three thousand dollars ($3,000.00), or four thousand five hundred dollars ($4,500.00), if a household includes a member who is age sixty (60) or over, or is disabled unless the household is categorically eligible as defined in § 1.5.1 of this Part; and

h.Changes in legally obligated child support payments;

i.Whenever a member of the household wins substantial lottery or gambling winnings.

(1)Any household, including non-elderly/disabled households, must report a cash prize won in a single game, before taxes or other amounts withheld, which is equal to or greater than the maximum allowable elderly and/or disabled resource limit as defined in § 1.5.5 of this Part.

9.If verification of changes in earned or unearned income is not provided, benefits shall be terminated.

a.If the household fails to provide sufficient information or verification regarding a deductible expense (dependent care, shelter, medical or child support expenses) the following applies:

(1)A notice requesting verification is issued and if the household does not respond within the fifteen (15) day timeframe with required documentation to support the change, the case continues to be processed.

(AA)If this occurs, the household must be notified that a deduction or deductions were not allowed since verification was not provided, and that benefits will be redetermined if the verification is subsequently provided.

(BB)If there is an existing verified deduction in the case record for the certification period under review, the agency uses such verified deduction in the calculation of benefits for reported increases that are not verified.

(CC)Reports of a decrease in a deductible expense can be changed without verification by the client.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.14 Notices

A.Notice for Mass Changes

1.When the agency makes a mass change in SNAP eligibility or benefits, it must notify all households whose benefits are reduced or terminated.

a.The agency must notify the household of the mass change on the date the household is scheduled to receive the allotment which has been changed.

b.The agency must notify the household of the mass change as much before the household's scheduled issuance date as reasonably possible, although the notice need not be given any earlier than the time required for advance notice of adverse action.

c.The household is entitled to request a fair hearing when it is aggrieved by the mass change.

(1)A household which requests a fair hearing due to a mass change is entitled to continued benefits at its previous level only if the household meets three (3) criteria:

(AA)The household does not specifically waive its right to a continuation of benefits;

(BB)The household requests a fair hearing in accordance with § 1.23 of this Part; and

(CC)The household's fair hearing is based upon improper computation of SNAP eligibility or benefits, or upon misapplication or misinterpretation of Federal law or Regulation.

B.Notice of Adverse Action

1.Prior to any action to reduce or terminate a household's benefits within the certification period, the agency must, except as provided in § 1.14(C) of this Part, provide the household timely and adequate advance notice before the adverse action is taken.

2.The notice of adverse action is considered adequate if it explains in easily understandable language:

a.The proposed action;

b.The reason for the proposed action;

c.The household's right to request a fair hearing;

d.The telephone number to contact for additional information;

e.The availability of continued benefits;

f.The liability of the household for any over issuances received while awaiting a fair hearing decision if such decision is adverse to the household; and,

g.The availability of free legal representation.

3.The notice of adverse action is considered timely if the advance notice period conforms to the adequate notice period of the public assistance caseload, provided that the period includes at least ten (10) days from the date the notice is mailed to the date upon which the action becomes effective.

a.If the adverse notice period ends on a weekend or holiday, and a request for a fair hearing and continuation of benefits is received the day after the weekend or holiday, the request must be considered timely received.

4.The agency representative may notify a household that its benefits will be reduced or terminated, no later than the date the household receives, or would have received, its allotment, if the following conditions are met:

a.The household reports the information which results in the reduction or termination;

b.The reported information is in writing and signed by the household;

c.Based solely upon the household's written information, the agency representative can determine the household's allotment or ineligibility;

d.The household retains its right to a fair hearing.

e.The household retains its right to continued benefits by requesting a fair hearing within the time period provided by the notice of adverse action.

(1)The agency representative continues or reinstates the household's previous benefit level, if required, within five (5) working days of the household's request for a fair hearing.

C.Exemptions from Notice Requirements

1.Individual notices of adverse action are not provided in the following situations:

a.Mass Change

b.Notice of Death: The agency representative determines, based on reliable information that all members of a household have died.

c.Move from Project Area: The agency representative determines, based on reliable information that the household has moved from the State.

(1)The agency shall inform the household of its termination no later than its next scheduled issuance date.

(2)The agency shall not delay terminating the household’s participation in order to provide advanced notice.

d.Completion of Restoration of Lost Benefits: The household has been receiving an increased allotment to restore lost benefits, the restoration is complete, and the household was previously notified, in writing, when the increased allotment would terminate.

e.Anticipated Changes in the Monthly Allotment: The household's allotment varies from month to month within the certification period to take into account changes which were anticipated at the time of certification, and the household was so notified at the time of certification.

f.Benefit Reduction Upon Approval of the Household's RI Works/GPA Application: The household jointly applied for RI Works/GPA and SNAP benefits and has been receiving SNAP benefits pending the approval of the RI Works/GPA grant and was notified at the time of certification that SNAP benefits would be reduced upon approval of the RI Works/GPA grant.

g.Disqualification for Intentional Program Violation: A household member is disqualified for intentional program violation, in accordance with § 1.9 of this Part or the benefits of the remaining household members are reduced or terminated to reflect the disqualification of that household member.

(1)A notice must be sent to a currently participating household prior to a reduction or termination of benefits if a household member is found through a disqualified recipient match to be within the period of disqualification for an intentional program violation penalty determined in another State.

(2)The notice requirements for individuals or households affected by intentional program violation disqualifications are explained in § 1.9 of this Part.

h.Expedited Service Approvals with Postponed Verification: The agency has assigned a longer certification period to a household certified on an expedited basis and the household has received written notice that the receipt of benefits beyond the month of application is contingent on its providing verification which was initially postponed and that the agency may act on the verified information without further notice.

i.Conversion from Cash/SNAP Repayment to Benefit Reduction: Converting a household from cash and/or SNAP repayment to benefit reduction as a result of failure to make agreed-upon repayment, as discussed in § 1.18.1 of this Part.

j.Resident of Drug/Alcoholic Treatment Center or Group Living Arrangement: The agency is terminating the eligibility of a resident of a drug or alcoholic treatment center or a group living arrangement if the facility loses either its certification from the BHDDH or has its status as an authorized representative suspended due to disqualification as a retailer by FNS.

(1)However, residents of group living arrangements applying on their own behalf are still eligible to participate.

k.Household Request: The household voluntarily requests, in writing or in the presence of an agency representative, that its participation be terminated.

(1)If the household does not provide a written request, the agency must send the household a letter confirming the voluntary withdrawal.

(2)Written confirmation does not entail the same rights as a notice of adverse action except that the household may request a fair hearing.

l.Previous Notification Received Regarding Collection of a Claim: The agency initiates recoupment of a claim against a household which has previously received a notice of adverse action with respect to such claim.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.15 Determining Household Eligibility and Benefit Levels

A.The income considered is that received over the period of certification.

1.As this is generally a future period, the income considered is usually that anticipated by the household.

2.Households that contain an elderly or disabled member must meet the net income eligibility standards for the Supplemental Nutrition Assistance Program.

3.Households that do not contain an elderly or disabled member must meet both the gross income eligibility standards and the net income eligibility standards for the Supplemental Nutrition Assistance Program.

4.Households that are categorically eligible because they are recipients of RI Works cash assistance and/or SSI do not have to meet either the gross or net income eligibility standards.

5.The gross and net income eligibility standards are based on the Federal income poverty levels.

6.SNAP-only categorically eligible households that are recipients of a TANF-funded Service (the RI Department of Human Services TANF Information Publication) must meet the one hundred eighty-five percent (185%) gross income standard solely to determine eligibility for expanded categorical eligibility and must meet the net income standards in order to determine benefit amount.

a.One (1) and two (2) person households that are categorically eligible do not have to meet the net income standard in order to be eligible for the minimum monthly benefit of twenty-three dollars ($23.00).

7.The gross income eligibility standards for the Supplemental Nutrition Assistance Program for the contiguous forty-eight (48) states, the District of Columbia, the Virgin Islands and Guam is one hundred thirty percent (130%) of the Federal income poverty level.

8.The net income eligibility standards for the Supplemental Nutrition Assistance Program for the contiguous forty-eight (48) States, the District of Columbia, the Virgin Islands and Guam is one hundred percent (100%) of the Federal income poverty level.

9.The income eligibility limits are revised each October 1 to reflect the annual adjustment to the Federal income poverty guidelines for the forty-eight (48) contiguous States and the District of Columbia.

10.The annual income poverty guidelines are divided by twelve (12) to determine the monthly gross income standards, rounding the results upward as necessary.

a.For households greater than eight (8) persons, the increment in the Federal income poverty guidelines is multiplied by appropriate Federal poverty level percentage, divided by twelve (12), and the results rounded upward, if necessary.

B.Most households have the eligibility determination based on circumstances for the entire calendar month in which the household filed its application.

1.A household's eligibility is determined for the month of application by considering the household's circumstances for the entire month of application.

2.Applicant households, consisting of residents of a public institution who apply jointly for SSI and SNAP benefits prior to release from the public institution, have their eligibility determined for the month in which the applicant household is released from the institution.

C.Rounding Technique for Calculating Income

1.In calculating net monthly income, each income information entry is rounded to a whole dollar amount by rounding down for each income entry that ends in one (1) through forty-nine (49) cents and rounding up for each income entry that ends in fifty (50) through ninety-nine (99) cents.

2.Any cents in gross weekly earnings are rounded to the nearest dollar after converting the weekly figure to the monthly figure.

a.However, shelter expenses and medical costs are not rounded until totaled.

D.Method for Figuring Net Monthly Income

1.The following seven (7) steps lead to the determination of a household's SNAP monthly income:

a.Total Gross Income

(1)Add the total gross monthly earned income of all household members and the total monthly unearned income of all household members, minus income exclusions, to determine the household's total gross income.

(2)Net losses from the self-employment of a farmer are offset in accordance with § 1.5.4 of this Part.

b.Monthly Net Adjusted Income

(1)Calculate the earned income deduction as described in § 1.5.7 of this Part and subtract that amount from the total gross earned income;

(2)Add that to the total monthly unearned income, minus income exclusions.

c.Standard Deduction

(1)Subtract the standard deduction found in § 1.5.7 of this Part.

d.Excess Medical Deduction

(1)If the household is entitled to an excess medical deduction as provided in § 1.5.7 of this Part determine if total medical expenses exceed thirty-five dollars ($35.00).

(2)If so, deduct the Standard Medical Deduction of one hundred eighty-three dollars ($183.00).

(3)If the household has medical expenses that exceed two hundred eighteen dollars ($218.00) and it elects to verify actual expenses, subtract that portion of medical expenses in excess of thirty-five dollars ($35.00).

e.Dependent Care Deduction

(1)Subtract monthly dependent care expenses, if any.

f.Determining Any Excess Shelter Expense

(1)Add allowable shelter expenses to determine total shelter costs.

(2)Subtract from total shelter costs fifty percent (50%) of the adjusted income (the household's monthly income after all the above deductions have been subtracted).

(3)The remaining amount, if any, is the excess shelter expense. If there is no excess shelter expense, the net monthly income has been determined.

(4)If there is an excess shelter expense, go to the next step.

g.Applying Any Excess Shelter Expense

(1)Subtract the excess shelter expense up to the maximum amount allowed (unless the household is entitled to the full amount of its excess shelter expenses) from the household's monthly income after all other deductions.

(2)For households not subject to a shelter maximum, subtract the full amount of shelter expenses exceeding fifty percent (50%) of net income.

(3)The result is the household's net monthly income.

E.Gross and Net Income Eligibility Standards

1.The gross or net income eligibility standards for the household size are used to determine the household's eligibility according to the characteristics of the household.

a.Non-Categorically Eligible Households (does not apply to households with elderly or disabled members).

(1)Compare the total gross monthly income of the household to the one hundred thirty percent (130%) maximum gross monthly income limit for the appropriate household size as indicated in Table I, below;

(2)Compare the total net monthly income of the household (after appropriate deductions) to the maximum net monthly income limit for the appropriate household size as indicated in Table II, below.

b.Households Categorically Eligible due to receipt of a TANF-funded Service

(1)If the household's gross income is at or below one hundred eighty five percent (185%) of the gross income limit as indicted in Table IV, the household meets the criteria for categorical eligibility and is not subject to a resource test.

(2)The agency calculates the household's total net monthly income and then compares the total net monthly income of the household (after appropriate deductions) to the maximum net monthly income limit for the appropriate household size in Table II below to determine eligibility for SNAP benefits.

c.Households Containing a Member(s) Who Is Elderly or Disabled, or a Disabled Veteran or Surviving Disabled Spouse/Child(ren) of a Veteran, Same household status (An elderly or disabled person/spouse is considered a household member)

(1)Compare the adjusted net monthly SNAP income of the household, to the maximum net monthly income limits for the appropriate household size in Table II, below.

(2)Separate household status (An elderly and disabled person/spouse is not considered a household member).

(3)Compare the gross monthly income of all other members in the household to the one hundred sixty-five percent (165%) maximum gross monthly income limit for the appropriate household size as indicated in Table III, below.

d.Elderly/Disabled Not Categorically Eligible Due to Receipt of a TANF-Funded Service

(1)Compare the total gross monthly income of the household to the two hundred percent (200%) gross monthly income limit for the appropriate household size as indicated in Table V, below.

(2)If the household's gross income is over two hundred percent (200%) of the gross income limit, Table V, the household does not meet the criteria for categorical eligibility and is subject to a resource test.

(3)The agency then compares the total net monthly income of the household (after appropriate deductions) to the maximum net monthly income limit for the appropriate household size in Table II below to determine eligibility for SNAP benefits.

e.Elderly/Disabled Categorically Eligible Due to Receipt of a TANF-Funded Service

(1)If the household's gross income is at or below two hundred percent (200%) of the gross income limit, Table V, the household meets the criteria for categorical eligibility and is not subject to a resource test.

(2)The agency then compares the total net monthly income of the household (after appropriate deductions) to the maximum net monthly income limit for the appropriate household size in Table II below in order to determine eligibility for SNAP benefits.

TABLE I – 130% LIMIT-GROSS MONTHLY INCOME LIMIT ‎(eff. 10/1/25)

HOUSEHOLD SIZE

MAXIMUM GROSS MONTHLY INCOME

HOUSEHOLD SIZE

MAXIMUM GROSS MONTHLY INCOME

1

$1,696

9

$6,463

2

$2,292

10

$7,059

3

$2,888

11

$7,655

4

$3,483

12

$8,251

5

$4,079

13

$8,847

6

$4,675

14

$9,443

7

$5,271

15

$10,039

8

$5,867

16

$10,635

• For each additional member over sixteen (16), five hundred ninety-six dollars ($596.00)

TABLE II – 100% LIMIT-NET MONTHLY INCOME LIMIT ‎(eff. 10/1/25)

HOUSEHOLD SIZE

MAXIMUM NET MONTHLY INCOME

HOUSEHOLD SIZE

MAXIMUM NET MONTHLY INCOME

1

$1,305

9

$4,972

2

$1,763

10

$5,431

3

$2,221

11

$5,890

4

$2,680

12

$6,349

5

$3,138

13

$6,808

6

$3,596

14

$7,267

7

$4,055

15

$7,726

8

$4,513

16

$8,185

• For each additional member over sixteen (16), add four hundred fifty-nine dollars ($459.00)

TABLE III - 165% LIMIT-GROSS MONTHLY INCOME LIMIT ‎(eff. 10/1/25)

HOUSEHOLD SIZE

MAXIMUM GROSS MONTHLY INCOME

HOUSEHOLD SIZE

MAXIMUM GROSS MONTHLY INCOME

1

$2,152

9

$8,203

2

$2,909

10

$8,960

3

$3,665

11

$9,717

4

$4,421

12

$10,474

5

$5,177

13

$11,231

6

$5,934

14

$11,988

7

$6,690

15

$12,745

8

$7,446

16

$13,502

• For each additional member over sixteen (16), add seven hundred fifty-seven dollars ($757.00).

TABLE IV – 185% LIMIT-GROSS MONTHLY INCOME LIMIT‎(eff. 10/1/25)

HOUSEHOLD SIZE

MAXIMUM GROSS MONTHLY INCOME

HOUSEHOLD SIZE

MAXIMUM GROSS MONTHLY INCOME

1

$2,414

9

$9,198

2

$3,262

10

$10,047

3

$4,109

11

$10,896

4

$4,958

12

$11,745

5

$5,805

13

$12,594

6

$6,653

14

$13,443

7

$7,502

15

$14,292

8

$8,349

16

$15,141

• For each additional member over sixteen (16), add eight hundred forty-nine dollars ($849.00)

TABLE V– 200% LIMIT-GROSS MONTHLY INCOME LIMIT ‎(eff.10/1/25)

HOUSEHOLD SIZE

MAXIMUM GROSS MONTHLY INCOME

HOUSEHOLD SIZE

MAXIMUM GROSS MONTHLY INCOME

1

$2,610

9

$9,944

2

$3,526

10

$10,862

3

$4,442

11

$11,780

4

$5,360

12

$12,698

5

$6,276

13

$13,616

6

$7,192

14

$14,534

7

$8,110

15

$15452

8

$9,026

16

$16,370

• For each additional member over sixteen (16), add nine hundred eighteen dollars ($918.00)

2.When a household's circumstances changes, and it becomes entitled to a different income eligibility standard, the agency representative applies the different standard at the next recertification or when there is a change in the household's eligibility, benefit level or certification period, whichever occurs first.

1.15.1Benefit Calculation and Allotments

A.Initial Month's Benefit Level

1.A household's benefit level for the initial month of certification is based on the day of the month it applies for benefits.

a.A household applying for benefits on or before the fifteenth (15th) of the month receives benefits pro-rated from the day of application to the end of the month.

b.A household applying after the fifteenth (15th) of the month receives benefits pro-rated from the application date to the end of the month plus benefits for the first (1st) full month of participation in a combined allotment.

c."Initial month" means:

(1)The first (1st) month for which an allotment is issued to a household,

(2)The first (1st) month for which an allotment is issued to a household following any period in which such household was not participating in the SNAP after the expiration of a certification period or after termination of the certification of a household during its certification period, when the household became ineligible after notice and opportunity for hearing, and

(3)In the case of a migrant or seasonal farmworker household, the first (1st) month for which such a household is certified for participation in the SNAP following any period of more than thirty (30) days during which the household was not certified for participation.

(4)Allotments are based on a standard thirty (30) day calendar month.

(AA)Therefore, a household applying on the thirty-first (31st) of a month is treated as though it applied on the thirtieth (30th) day of the month.

2.For a household applying for SSI and SNAP benefits prior to release from a public institution, the benefit level for the initial month of certification is based on the date of the month the household is released from the institution.

a.The household receives benefits pro-rated from the date of release from the institution to the end of the month, if the date of release is on or before the fifteenth (15th) of the month.

b.If the release date is after the fifteenth (15th), a combined allotment of the pro-rated initial month's and first (1st) full month's benefits are issued.

B.Anticipated Changes

1.Because of anticipated changes, a household may be eligible for the month of application, but ineligible in the subsequent month.

a.The household is entitled to benefits for the month of application even if the processing of its application results in the benefits being issued in the subsequent month.

b.Similarly, a household may be ineligible for the month of application, but eligible in the subsequent month due to anticipated changes in circumstances.

(1)Even though denied for the month of application, the household does not have to reapply in the subsequent month.

(2)The same application shall be used for the denial for the month of application and the determination of eligibility for subsequent months, within the timeliness standards in § 1.3.8 of this Part.

c.As a result of anticipating changes, the household's allotment for the month of application may differ from its allotment in subsequent months.

(1)The agency representative establishes a certification period for the longest possible period over which changes in the household's circumstances can be reasonably anticipated.

(2)The household's allotment varies from month-to-month at the time of certification, unless the household elects the averaging techniques in § 1.6.8 of this Part.

C.Pro-rating Allotments for the Initial Month

1.The amount of SNAP benefits which a household receives monthly is determined by subtracting thirty percent (30%) of the household's net monthly income from the Maximum SNAP Benefit Allotment amount for the appropriate household size, or by using the Basis of Issuance Tables.

a.Normally, the household receives that full monthly allotment throughout its certification period.

b.However, during the initial month, the household may only be entitled to a partial allotment.

c.SNAP benefits are reduced in proportion to the number of days from the date of application until the end of the month.

d.In the case of migrant and seasonal farmworker households, the term “initial month” means the first (1st) month for which the household is certified for participation in the SNAP following any period of more than one (1) month during which the household was not certified for participation.

e.For a household that has not previously participated in the Supplemental Nutrition Assistance Program the first (1st) month for which benefits are issued is the initial month.

f.For a household that has participated in the Supplemental Nutrition Assistance Program, the initial month is the first (1st) month for which an allotment is issued following a period during which the household was not certified for participation, provided that the household did not have an application pending.

g.Whether the household receives the full monthly allotment or a pro-rated amount, its eligibility and allotment are still determined in the usual way by considering all the income and resources available to the household for the month.

2.Standard Thirty (30) Day Month

a.Rhode Island has elected to average months with twenty-eight (28), twenty-nine (29), and thirty-one (31) days and consider that each calendar or fiscal month has a standard thirty (30) days.

3.Using the standard thirty (30) day calendar or fiscal month, the initial month benefits can also be pro-rated by using the following formula, keeping in mind that the date of application for someone applying on the thirty-first (31st) of the month is the thirtieth (30th):

a.Full month's benefits x (thirty-one (31) minus date of application) = pro-rated thirty (30) day allotment.

b.The sequence for calculation of the formula is:

(1)Subtract the date of application from thirty-one (31);

(2)Multiply the result of the subtraction by the full monthly allotment;

(3)Divide the product of the multiplication by thirty (30); and

(4)Round down, if necessary.

c.If a household's monthly allotment is more than nine hundred dollars ($900.00), the highest number shown in the tables, calculate the pro-rated amount by multiplying the full monthly allotment by the factor (shown below) appropriate to the application date, and round the product down to the nearest whole dollar if the allotment ends in one (1) through ninety-nine (99) cents.

(1)If the computation results in an allotment of less than ten dollars ($10.00), round down to zero dollars ($0.00). The multiplication factors are:

DATE OF APPLICATION

MULTIPLICATION FACTOR

DATE OF APPLICATION

MULTIPLICATION FACTOR

1

1.0000

16

.5000

2

.9667

17

.4667

3

.9334

18

.4334

4

.9000

19

.4000

5

.8667

20

.3667

6

.8334

21

.3334

7

.8000

22

.3000

8

.7667

23

.2667

9

.7334

24

.2334

10

.7000

25

.2000

11

.6667

26

.1667

12

.6334

27

.1334

13

.6000

28

.1000

14

.5667

29

.0667

15

.5334

30

.0334

(2)When using the above formula for determining the pro-rated allotment, round the product down to the nearest lower whole dollar if it ends in one (1) through ninety-nine (99) cents.

(3)If the computation results in an allotment of less than ten dollars ($10.00), round it down to zero dollars ($0.00) and no issuance is made for the initial month.

D.Calculating SNAP Allotments

1.The Maximum SNAP Allotments are based on the Thrifty Food Plan as developed by the U.S. Department of Agriculture and are uniform by household size.

2.Except for eligible households whose benefits are pro-rated for the initial month, a household's monthly allotment is equal to the Maximum SNAP Allotment for the household's size reduced by thirty percent (30%) of the household's net monthly income.

3.After multiplying the net income by thirty percent (30%), the product is rounded up to the next whole dollar prior to subtracting that amount from the Maximum SNAP Allotment.

4.If the calculation of benefits for an initial month would yield an allotment of less than ten dollars ($10.00) for the household, no benefits shall be issued to the household for the initial month.

a.For an eligible household, with three (3) or more members that is entitled to no benefits in months other than the initial month, the agency representative denies the household's application.

(1)For an eligible household with three (3) or more members which is entitled to no benefits (except because of the proration requirements and the provision precluding issuances of less than ten dollars ($10.00) in an initial month as outlined in the procedures of this Section), the agency shall deny the household's application.

b.For an eligible household that is entitled to no benefits in the initial month of application but is entitled to benefits in subsequent months, the agency representative certifies the household beginning with the month of application.

c.Except during an initial month, all eligible one (1) and two (2) person households shall receive minimum monthly allotments equal to the minimum benefit of twenty-four dollars ($24.00).

d.The benefit level may be determined from the basis of issuance table that follows eff. 10/1/25:

HOUSEHOLD SIZE

MAXIMUM SNAP ALLOTTMENT

HOUSEHOLD SIZE

MAXIMUM SNAP ALLOTTMENT

1

$298.00

9

$2,007.00

2

$546.00

10

$2,225.00

3

$785.00

11

$2,443.00

4

$994.00

12

$2,661.00

5

$1,183.00

13

$2,879.00

6

$1,421.00

14

$3,097.00

7

$1,571.00

15

$3,315.00

8

$1,789.00

16

$3,533.00

• For each additional member over sixteen (16), add two hundred eighteen dollars ($218.00)

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.16 Electronic Benefit Transfer (EBT)

A.Electronic Benefit Transfer (EBT) is an electronic system which allows recipients to authorize transfer of their SNAP benefits from an EBT account to a retailer account to pay for food products.

1.Eligible SNAP households access their EBT SNAP benefits by using a plastic RI EBT card along with a personal identification number (PIN) at point of sale (POS) terminals that display the NYCE or QUEST logos.

a.In order to use an RI EBT card, the cardholder must also use a secret four (4) digit number known as a personal identification number or PIN.

(1)The cardholder selects a PIN by calling the Rhode Island Customer Service Line at 1-888-979-9939.

(2)When using an RI EBT card, the cardholder is allowed four (4) attempts to enter the correct PIN.

(AA)On the fifth (5th) try, the cardholder is locked out of the EBT system until the next day.

(BB)However, the card is not confiscated. Cardholders must call the Rhode Island Customer Service Line at 1-888-979-9939 for assistance.

b.Electronically, the processor verifies the PIN and the account balance and sends an authorization or denial back to the retailer.

c.If approved, the recipient's account is then debited for the amount of the purchase.

d.No fee is charged when SNAP benefits are accessed at POS terminals and no limit is placed on the number of POS transactions in a month.

2.Recipients who receive both RI Works (RI Works) cash benefits and SNAP benefits receive one (1) RI EBT card to access both benefits however, the benefits are maintained in separate EBT accounts.

3.In two (2) parent families, a card is issued to one (1) parent and another card may be issued to the other parent as an authorized representative.

4.RI EBT cards are issued in all DHS offices.

5.Benefits are issued on the first (1st) of each month and are accessible beginning at 5:00 a.m. on that date with no weekend or holiday delays.

6.The amount of SNAP benefits for which a household is eligible is calculated pursuant to policies set forth in in this manual.

a.Disputes regarding the amount of SNAP benefits for which a household is eligible are handled pursuant to policies in DHS General Provisions Manual.

b.Disputes regarding recipients' EBT SNAP account balances are handled by the Rhode Island Customer Service Line at 1-888-979-9939.

(1)The Help Line is open twenty-four (24) hours a day, seven (7) days a week and cardholders can view their SNAP benefit balance and prior transactions online at www.ebtedge.com.

7.SNAP EBT benefits which are accessed through the use of a RI EBT card and personal identification number (PIN) are not replaced.

a.It is the responsibility of the recipient or authorized representative to keep the RI EBT card and PIN safe from unauthorized use and to immediately report lost or stolen cards to the Rhode Island Customer Service Line at 1-888-979-9939.

b.The customer service representative changes the status of the card from "valid" to "lost" or "stolen" thereby protecting any unused benefits.

B.Lost, Stolen, or Damaged EBT Cards

1.Cardholders must report lost, stolen, or damaged RI EBT cards to the Rhode Island Customer Service Line at 1-888-979-9939.

a.The Customer Service Representative invalidates the card thereby protecting the unused benefit amounts. If someone uses the card before its status has been changed, the benefits cannot be replaced.

b.No fee is charged for the replacement of any lost, stolen, or damaged RI EBT card.

2.Cardholders may request a new card by completing request for replacement form or contacting a DHS field office.

a.Arrival of the card should be within three to five (3-5) business days.

b.In certain circumstances, an EBT card may be provided at the local SNAP office.

(1)The DHS agency representative is responsible for determining the instances when it is necessary to provide an EBT card at the office.

(2)Circumstances that are beyond a household member's control and necessitate an in-office issuance of an EBT card include:

(AA)A catastrophe caused by fire, flood, or a severe weather condition.

(BB)Lost or stolen mail confirmed by the Postal Service;

(CC)Unanticipated household emergency or theft;

(DD)Domestic violence situation;

(EE)Homelessness

c.Cardholders who request a fourth (4th) replacement EBT card within a twelve (12) month period will be sent a notice alerting the household that their EBT account will be monitored for potential suspicious activity. If another replacement card is subsequently requested and trafficking is suspected, a referral shall be made to the Office of Internal Audit for investigation of suspicious fraud and trafficking activity of the EBT card.

(1)Replacement cards are counted according to those issued collectively within a case, not according to those issued per individual(s).

(2)Documented violations may result in one (1) or more of the following actions:

(AA)Disqualification from the program (See § 1.9 of this Part for more information about disqualification relating to trafficking);

(BB)Recovery through recoupment/restitution (See §§ 1.18 and 1.18.1 of this Part for policy relating to establishing and collecting claims against households); and/or

(CC)Referral for criminal prosecution.

(3)In all cases, the agency shall act to protect households containing homeless persons, elderly or disabled members, victims of crimes, and other vulnerable persons who may lose EBT cards but are not committing fraud.

C.EBT Cards for Authorized Representatives

1.An authorized representative is a person given permission by the recipient to conduct SNAP transactions on behalf of the SNAP household.

2.In households with an authorized representative, the recipient receives an EBT card and the authorized representative is issued a separate EBT card and personal identification number (PIN).

3.If the same individual is acting as both an authorized payee for the family's RI Works cash benefits and as an authorized representative for the household's SNAP benefits, only one (1) EBT card is issued.

4.Recipients may cancel their authorized representative/authorized payee at any time by calling the Rhode Island Customer Service Line at 1-888-979-9939.

a.Customer Service immediately cancels the authorized representative's/authorized payee's access to the household's benefits. However, recipients retain uninterrupted access to their benefits.

D.Inactive EBT SNAP Accounts and Expungement of Benefits

1.EBT SNAP benefits that have been inactive for a period of nine (9) months shall be permanently purged from the EBT system in accordance with the following:

a.When the oldest benefit allotment has not been accessed by the household for nine months, the DHS will expunge benefits from the EBT account as each benefit allotment ages to nine months since the last date of account activity.

(1)An EBT account is inactive if the household has not initiated activity that affects the balance of the household's SNAP EBT account, such as a purchase or return.

2.If at any time after the expungement process begins, the household initiates activity affecting the balance of the account, the DHS will stop expunging benefits and start the account aging process over again for the remaining benefits.

3.DHS must provide a reminder notice to the household at least thirty (30) calendar days prior to an intended action to permanently purge EBT SNAP benefits.

4.In instances where all certified household members are verified as deceased, any remaining benefits are immediately expunged regardless of benefit issuance date or account activity that has taken place.

E.EBT Adjustments

1.The agency may make adjustments to benefits posted to household accounts after the posting process is complete but prior to the availability date for household access in the event benefits are erroneously posted.

2.Adjustments Due to a System Error

a.The agency shall make adjustments to an account to correct an auditable, out-of-balance settlement condition that occurs during the redemption process as a result of a system error.

(1)A system error is defined as an error resulting from a malfunction at any point in the redemption process: from the system host computer, to the switch, to the third (3rd) party processors, to a store's host computer or POS device.

(2)These adjustments may occur after the availability date and may result in either a debit or credit to the household.

3.Customer-Initiated Adjustments

a.The agency must act on all requests for adjustments made by client households within ninety (90) calendar days of the error transaction.

b.The agency has ten (10) business days from the date the household notifies it of the error to investigate and reach a decision on an adjustment and move funds into the client account.

(1)This timeframe also applies if the agency or entity other than the household discovers a system error that requires a credit adjustment to the household. Business days are defined as calendar days other than Saturdays, Sundays, and Federal holidays.

4.Retailer-Initiated Adjustments

a.The agency must act upon all adjustments to debit a household's account no later than ten (10) business days from the date the error occurred, by placing a hold on the adjustment balance in the household's account.

b.If there are insufficient benefits to cover the entire adjustment, a hold shall be placed on any remaining balance that exists, with the difference being subject to availability only in the next future month.

5.Notice of EBT Adjustment/Right to a Hearing

a.The household shall be given, at a minimum, adequate notice.

b.The notice must be sent at the time the initial hold is attempted on the household's current month's remaining balance, clearly state the full adjustment amount, and advise the household that any amount still owed is subject to collection from the household's next future month's benefits.

c.The household shall have ninety (90) days from the date of the notice to request a fair hearing.

(1)Should the household dispute the adjustment and request a hearing within ten (10) days of the notice, a provisional credit must be made to the household's account by releasing the hold on the adjustment balance within forty-eight (48) hours of the request by the household, pending resolution of the fair hearing.

(2)If no request for a hearing is made within ten (10) days of the notice, the hold is released on the adjustment balance, and this amount is credited to the retailer's account.

(3)If there are insufficient funds available in the current month to cover the full adjustment amount, the hold may be maintained and settled at one (1) time after the next month's benefits become available.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.17 Summer Electronic Benefit Transfer (SUN Bucks)

A.The Consolidated Appropriations Act, 2023 (Pub. Law 117-328) established a permanent Summer Electronic Benefit Transfer program beginning with summer 2024 and annually for each summer thereafter, that allows the DHS working in partnership with the RI Department of Education (RIDE) to provide nutrition assistance during the summer months for each eligible child, to ensure continued access to food when school is not in session for the summer.

B.The household benefit allotment has been determined by the USDA FNS as the benefit level equal to the amount set forth the by National School Lunch Act (NSLA) 42 U.S.C. 1762 at a total, one-time lump sum of one hundred twenty dollars ($120) per eligible child for the summer and indexes the benefit to the SNAP Thrifty Food Plan to account for inflation.

1.The statute provides that the Summer EBT benefit amount will be adjusted annually, starting in 2025, based on changes to the cost of the Thrifty Food Plan.

C.Eligibility for SUN Bucks

1.Eligibility for SUN Bucks will be established through the following:

a.NSLP List

(1)Students identified in a RIDE-provided file as eligible for free or reduced-price meals will be automatically determined eligible.

b.Streamlined Certification

(1)Individuals receiving SNAP, RI Works, and/or Foster Care who are age six (6) through age eighteen (18), and who are not included in the RIDE-provided NSLP list will automatically be determined eligible.

(2)Individuals receiving Medicaid who are age six (6) through eighteen (18) who are not receiving SNAP, RI Works, and/or Foster Care, and who are not included in the RIDE-provided NSLP list will automatically be determined eligible if:

(AA)They meet the income eligibility guidelines for free or reduced-priced meals; or

(BB)There is no household income available for the individual in the Medicaid file and FNS has provided approval for DHS to determine the individual eligible for SUN Bucks.

c.Summer EBT Applicants: Individuals that have submitted a SUN Bucks/Summer EBT application, in which RIDE confirms through its data list that students are enrolled in a NSLP school and DHS confirms through its data that they meet the income eligibility standards for school meals. Students for whom RIDE cannot confirm NSLP enrollment and/or DHS cannot confirm income eligibility will receive a denial notice.

2.Eligibility for SUN Bucks may be established at any point between the start of the instructional year through the last day of the summer operational period.

a.The summer operational period is the period between the end of classes during the preceding school year and the start of classes for the next school year, as determined by RIDE and DHS.

3.Households determined to be eligible for SUN Bucks and prefer to unenroll or opt-out of the program may contact the DHS. Upon confirmation, the DHS will:

a.Prevent benefits from being issued, or if already issued, have the household's benefits discontinued as soon as possible;

b.Remove the benefits from the household’s Summer EBT or EBT card; or

c.Allow the household to have their unused benefits automatically expunged.

D.Verification of Eligibility

1.School aged children identified utilizing the NSLP list or the streamlined certification process, will not be subject to the Summer EBT application verification requirements.

2.Rhode Island’s eligibility system vendor will match existing information with the NSLP list and the streamlined eligibility records.

3.Children that are not determined eligible based on the NSLP list provided by RIDE or through streamlined certification will need to complete an application for review of eligibility.

4.Applications will be provided to RIDE to verify whether the child is attending a NSLP school.

5.If the child is verified by RIDE to be enrolled in a NSLP school, DHS will then determine if the child meets the income eligibility standards for free or reduced priced school meals and share the list of eligible students with the eligibility system vendor to issue benefits.

6.Documentation for proof of enrollment in a school may be needed for private school students using a SUN Bucks application however, no other documentation is necessary unless DHS sends a request for additional information.

E.Issuance of SUN Bucks

1.The DHS shall use data match information to issue SUN Bucks on an existing EBT card for SNAP recipients. Non-SNAP recipients will have benefits added to a SUN Bucks card mailed to the applicant.

2.SUN Bucks will automatically be added to the EBT card according to current processing methods, but in an allotment separate from the regular monthly issuance.

3.Any SUN Bucks that remain unused on the EBT account for a period of one hundred twenty-two (122) calendar days from the date they are issued will be permanently removed from the account. Once expunged, benefits may not be reinstated.

a.Households will be notified of the benefit expungement timeframe.

F.Program Violations

1.Any complaints received or irregularities noted within the operation of Summer EBT will be referred to the Office of Internal Audits for appropriate action in accordance with § 1.9 of this Part.

G.Fair Hearing Procedures for Summer EBT

1.The following fair hearing process and timeframes apply for Summer-EBT:

a.A household may appeal within ninety (90) days after the end of the summer operational period, decisions related to:

(1)An application the household has made for Summer EBT benefits;

(2)A streamlined certification for Summer EBT benefits;

(3)Verification processes or procedures; or

(4)Any adverse action taken against the household by the DHS.

b.A household will be provided with retroactive benefits for Summer EBT if the fair hearing determines that the agency erroneously failed to issue such benefits in the correct amount to an eligible family, an administrative disqualification for intentional program violation was subsequently reversed, or if there is a statement elsewhere in this Part specifically stating that the household is entitled to restoration of lost benefits.

2.In response to an appeal, the agency may defend its initial decision to deny the eligibility of the child for Summer EBT benefits or take an adverse action against a household. The fair hearing procedure must provide for both the household and the agency:

a.A simple, publicly announced method to make an oral or written request for a hearing;

b.An opportunity to be assisted or represented by an attorney or other person;

c.An opportunity to examine, prior to and during the hearing, any documents and records presented to support the decision under appeal;

d.That the hearing must be held with reasonable promptness and convenience, and that adequate notice must be given as to the time and place of the hearing;

e.An opportunity to present oral or documentary evidence and arguments supporting a position without undue interference;

f.An opportunity to question or refute any testimony or other evidence and to confront and cross-examine any adverse witnesses;

g.That the hearing must be conducted and the decision made by a hearing official who did not participate in making the decision under appeal or in any previously held conference;

h.That the decision of the hearing official must be based on the oral and documentary evidence presented at the hearing and made a part of the hearing record;

i.That the parties concerned and any designated representative must be notified in writing of the decision of the hearing official;

j.That a written record must be prepared with respect to each hearing, which must include the challenge or the decision under appeal, any documentary evidence and a summary of any oral testimony presented at the hearing, the decision of the hearing official, including the reasons therefor, and a copy of the notification to the parties concerned of the decision of the hearing official; and

k.That a written record must be prepared with respect to each hearing, which must include the challenge or the decision under appeal, any documentary evidence and a summary of any oral testimony presented at the hearing, the decision of the hearing official, including the reasons therefor, and a copy of the notification to the parties concerned of the decision of the hearing official;

l.That the written record of each hearing must be preserved for a period of three (3) years and must be available for examination by the parties concerned or their representatives at any reasonable time and place during that period;

m.That the household may request a conference to provide the opportunity for the household to discuss the situation, present information, and obtain an explanation of the data submitted in the application or the decision rendered. The request for a conference must not in any way prejudice or diminish the right to a fair hearing. The Summer EBT agency must promptly schedule a fair hearing, if requested; and,

n.Any communication with households related to fair hearings must be in an understandable and uniform format and, to the maximum extent practicable, in a language that parents and guardians can understand.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.18 Benefit Over Issuances and Claims

A.A recipient claim is an amount owed because of:

1.Benefits that are overpaid, or

2.Benefits that are trafficked.

a.Trafficking is defined as buying or selling of benefit instruments such as EBT cards for cash or consideration other than eligible food.

b.This claim is a Federal debt subject to Rules governing Federal debts.

B.Establishing Claims against Households

1.A claim referral is the identification of a potential over issuance that needs to be investigated and established as a claim by the Claims, Collections and Recovery (CCR) Unit.2. There are three (3) types of claims:

a.Intentional Program Violation (IPV)

(1)Any claim for an over issuance or trafficking resulting from an individual committing an IPV as defined in § 1.9 of this Part when:

(AA)An Administrative Disqualification Hearing official or a court of appropriate jurisdiction has determined that a household member committed an IPV; or

(BB)An individual is disqualified as a result of signing a waiver of her/his disqualification hearing as discussed in § 1.23 of this Part; or

(CC)An individual is disqualified as a result of signing a disqualification consent agreement in a case referred for prosecution as discussed in § 1.23 of this Part.

(2)Claims arising from trafficking-related offenses will be the value of the trafficked benefits as determined by:

(AA)The individual's admission;

(BB)Adjudication; or

(CC)The documentation that forms the basis for the trafficking determination.

(3)Prior to the determination of an intentional program violation or the signing of either a waiver of right to a disqualification hearing or a disqualification consent agreement in cases of deferred adjudication, the claim against the household is handled as an inadvertent household error claim.

b.Inadvertent Household Error

(1)An inadvertent household error is any claim for an over issuance resulting from a misunderstanding or unintended error on the part of the household.

(AA)Claims include only those months of over issuance that have occurred within at least twelve (12) months prior to the date the agency becomes aware of the over issuance.

(2)Instances of inadvertent household error which may result in a claim include, but are not limited to, the following:

(AA)The household unintentionally failed to provide the agency with correct or complete information;

(BB)The household unintentionally failed to report to the agency changes in its household circumstances; or

(CC)The household unintentionally received benefits, or more benefits than it was entitled to receive, pending a fair hearing decision because the household requested a continuation of benefits based on the mistaken belief that it was entitled to such benefits.

c.Agency Error

(1)An agency error is any claim that for an over issuance caused by the agency's action or failure to take action.

(2)Instances of agency error which may result in a claim include, but are not limited to, the following:

(AA)The agency failed to take prompt action on a change reported by the household;

(BB)The agency incorrectly computed the household's income or deductions, or otherwise assigned an incorrect allotment;

(CC)The agency continued to provide a household SNAP allotment after its certification period had expired without benefit of a reapplication determination; or

(DD)The agency failed to provide a household a reduced level of SNAP benefits because its cash assistance amount changed.

(3)The actual steps for calculating an agency error claim are:

(AA)Determine the correct amount of benefits for each month that a household received an over issuance.

(BB)Subtract the correct amount of benefits from the benefits actually received.

(CC)The result is the amount of the over issuance.

(DD)Reduce the over issuance amount by any EBT benefits expunged from the household's EBT benefit account.

(EE)The difference is the amount of the claim.

2.The following individuals are responsible for paying a claim:

a.Each person who was an adult member of the household when the over issuance or trafficking occurred;

b.A sponsor of a non-citizen household member if the sponsor was at fault; or

c.A person connected to the household, such as an authorized representative, who actually traffics or otherwise causes an over issuance or trafficking.

C.When a Claim Cannot Be Established

1.Neither an inadvertent household error claim nor an agency error claim is established if the over issuance occurred as a direct result of the agency's failure to ensure that a household fulfilled the procedural requirements of signing the application form or completing a current work registration form.

D.Determining Initial Month of Over Issuance

1.In all cases involving inadvertent household error or agency error claims, the first (1st) month of over issuance is the month the change would have been effective had it been reported in a timely manner with allowance for the advance notice period.

2.In no instance, however, is the first (1st) month of over issuance any later than two (2) months from the month in which the change in household circumstances occurred.

3.The agency representative determines the initial month of over issuance as follows:

a.Households Subject to Change Reporting Requirements

(1)Failure to Report Change Within Ten (10) Days: If, due to a misunderstanding on the part of the household, the household failed to report a change in its circumstances within ten (10) days of the date the change became known to the household, the first (1st) month affected by the household's failure to report is the first (1st) month the change would have been effective had it been reported in a timely manner.

(2)Change Reported Timely: When a household reports the change on time, but the agency representative does not act on the change in a timely manner, the first (1st) claim month is still the first (1st) month the change would have been effective.

(3)If the Notice of Action was required but not sent, the agency representative assumes, for the purpose of calculating the claim, that the maximum advance notice period would have expired without the household requesting a hearing.

(4)Benefits Issued Pending Hearing Decision

(AA)If a household requests the continuation of benefits pending a fair hearing decision and receives an over issuance because its position is not sustained by the hearing decision, the first (1st) month of over issuance is the month that the change would have been effective had the household not asked for the continuation of benefits.

b.Households Subject to Simplified Reporting Requirements

(1)If the household is a simplified reporting household and the change which resulted in an over issuance of SNAP benefits occurred during the certification period and was not required to be reported, according to the simplified reporting requirements, the over issuance shall be calculated from the date of recertification, which is the time the household was required to report the change.

1.18.1Collection of Claims

A.The agency must initiate collection action against the household on all inadvertent household or agency error claim referrals unless the claim is collected through offset, or one (1) of the following conditions applies:

1.The amount of the claim referral is less than one hundred twenty-five dollars ($125.00), and the claim cannot be recovered by reducing the household's allotment.

a.This threshold does NOT apply for over issuances discovered through the quality control system.

2.The agency has documentation which shows that the household cannot be located.

3.The agency may postpone collection action on inadvertent household error claims in cases where an over issuance is being referred for possible prosecution or for administrative disqualification, and the agency determines that collection action may prejudice the case.

B.A written demand letter entitled, "Demand Letter for Overpayment" is mailed or provided to the household.

1.The claim is considered established as of the date of the initial demand letter or written notification.

2.Repayment Agreement

a.The repayment agreement for any claim must contain due dates or time frames for the periodic submission of payments.

b.The agreement must specify that the household will be subject to involuntary collection action(s) if payment is not received by the due date and the claim becomes delinquent.

c.For all types of claims: agency error, inadvertent household error, and intentional program violation, the household must also be informed:

(1)If the household is participating in the program, that it must repay the entire amount of the claim in cash, check, money order, or funds from an EBT benefit account within ten (10) days of the notice.

(2)If the household does not repay the entire balance, its benefits shall be reduced by the appropriate reduction formula listed in § 1.18 of this Part.

(3)If the household is not participating in the program, it may elect to repay the entire amount of the claim in cash, check, or money order all at once, repay part of the claim, and then repay the rest in weekly or monthly installments.

d.If the household fails to submit a payment in accordance with its repayment agreement, the claim becomes delinquent and is subject to additional collection actions.

3.Any household against which the agency has initiated collection action must be informed of its right to request renegotiation of any repayment schedule to which the household has agreed should the household's economic circumstances change.

4.If the household pays the claim, payment is accepted and submitted to FNS.

C.Households That Fail to Respond

1.If a household against which collection action for repayment of a claim has been initiated is currently participating in the program does not repay the entire over issuance within ten (10) days of the date the notice was mailed, the agency representative initiates action to notify the household of a reduction in its household SNAP allotment by automatic allotment reduction.

2.For a non-participating household which does not respond to the demand letter, additional demand letters are sent on a regular basis.

a.Furthermore, billing notices are sent monthly.

(1)These letters are sent until the household has responded by paying, or agreeing to pay the claim; until the criteria for suspending collection action have been met; or until the agency initiates other collection actions.

3.The agency may also pursue other collection actions, as appropriate, to obtain restitution of a claim against any household which fails to respond to a written demand letter for repayment.

a.If the agency chooses to pursue other collection actions, and the household pays the claim, payments are submitted to the FNS.

b.The agency's retention is based on the actual amount collected from the household through such collection actions.

D.Change in Household Composition

1.The agency must initiate collection action against any or all of the adult members of a household at the time an over issuance occurred.

a.Therefore, if a change in household composition occurs, the agency may pursue collection action against any household which has a member who was an adult member of the household that received the over issuance.

b.The agency may also offset the amount of the claim against restored benefits owed to any household which contains a member who was an adult member of the original household at the time the over issuance occurred.

2.Under no circumstances may the agency collect more that the amount of the claim.

E.Methods of Collecting Claims

1.The agency may collect payment for claims using one (1) of the following methods:

a.Reducing benefits prior to issuance, including allotment reduction and offsets to restored benefits;

(1)SNAP benefits from an EBT account are accepted as partial or full payment of a claim if the household prefers to use this method of repayment.

(2)CCR will automatically collect payments for any claim by reducing the amount of monthly benefits that a household receives.

(3)For an IPV claim, the amount reduced is limited to the greater of twenty dollars ($20.00) or twenty percent (20%) of the household's monthly allotment or entitlement.

(4)For an inadvertent household error or agency error claim, the amount reduced is limited to the greater of ten dollars ($10.00) or ten percent (10%) of the household's monthly allotment.

(5)The agency shall not reduce the initial allotment when the household is first certified.

(6)The agency will not use additional collection methods against individuals in a household that is already having its allotment reduced unless the household voluntarily makes additional payments.

b.Reducing benefits after issuance from electronic benefit transfer (EBT) accounts;

(1)A household is allowed to pay its claim using benefits from its EBT account.

(2)However, the following requirements must be met:

(AA)For collecting from active or reactivated EBT accounts, written permission must be obtained in advance.

(BB)For collecting from stale EBT benefits, written notification must be mailed or otherwise delivered that CCR Unit intends to apply the benefits to the outstanding claim.

(CC)The household must be given at least ten (10) days to notify the agency that it doesn't want to use these benefits to pay the claim.

(DD)For making an adjustment with expunged EBT benefits, the claim must be adjusted by subtracting any expunged amount from the EBT benefit account of which the agency becomes aware.

(EE)A collection from an EBT account must be non-settling against the benefit drawdown account.

c.Accepting cash or any of its generally accepted equivalents, including checks, money orders, and credit or debit cards;

(1)Any payment for a claim is accepted whether it represents full or partial payment.

(2)For non-participating households, the agency accepts installment payments made for a claim as part of a negotiated repayment agreement.

d.Participation in the Treasury Offset Programs (TOP)

(1)§ 3701 of the Debt Collection Act, as amended by the Debt Improvement Act of 1996 (DCIA), Pub. Law 104-134, authorizes the U.S. Treasury to collect delinquent claims through what is called Treasury's Offset Programs (TOP).

(2)DHS through the CCR Unit will certify claims to FNS for the purpose of referring delinquent claims for collection by the Treasury.

(AA)In order for this method of collection to be utilized, the CCR Unit must determine that the claim is past due and legally enforceable.

(BB)A claim is considered legally enforceable through the process of the establishment of the claim.

(CC)After reasonable but unsuccessful efforts have been made to collect the claim, it is considered past due.

(3)In order to meet the requirement for Treasury Offset, the claim must be:

(AA)An agency error, inadvertent household error, or intentional program violation;

(BB)At least twenty-five dollars ($25.00) (may be a cumulative amount);

(CC)Delinquent for no longer than ten (10) years and no less than one hundred twenty (120) days unless a debt has been reduced to a final judgment entered by a court ordering the debtor to pay the debt – such debts are not subject to the ten (10) year limit;

(DD)Submitted in the name of one (1) individual or must be reduced by any amount submitted as a separate claim for other individuals who are jointly or severally liable for the claim; and

(EE)Not involved in a bankruptcy stay or discharged in bankruptcy.

(FF)In addition, the agency must notify the individual of the intended action prior to offset and of her or his appeal rights.

(4)The CCR Unit will notify the individual of its intent to refer a claim to Treasury Offset Programs (TOP) and give the individual ninety (90) days to appeal the intended referral by presenting evidence that all or part of the claim is not past due or legally enforceable.

(5)The individual is entitled to appeal the intended referral for offset.

(AA)The appeal request must be in writing and must be received by CCR Unit not later than ninety (90) days after the date of the pre-offset notice.

(BB)The written request for an appeal must include evidence or documentation that the claim is not past due or legally enforceable.

(CC)An appeal is not considered received until the individual provides such evidence or documentation.

(DD)The individual must present her/his Social Security Number as identification with the appeal.

(EE)If the determination is made that the claim does not meet the requirements for offset, in addition to notifying the individual, appropriate corrective action must be taken.

(FF)If DHS decides that the claim meets the requirements for offset, the notice of the review determination of the appeal must state that the agency intends to refer the claim for offset.

(6)After FNS review, if a determination is made that the debt is past due and legally enforceable, the individual will be notified and advised by FNS that they s/he have the right to pursue other appeals through the courts.

(AA)If FNS determines that the claim is not past due and legally enforceable, FNS will request that CCR Unit take any appropriate corrective action.

(BB)The CCR Unit will take any necessary corrective action and will notify the individual of its action.

(7)The agency retains the value of funds collected for inadvertent household error, intentional program violation, or agency error claims.

(AA)This amount includes the total value of allotment reductions to collect claims but does not include the value of benefits not issued as a result of a household member being disqualified.

(BB)The State's letter of credit will be amended on a quarterly basis to reflect the State's retention of twenty percent (20%) of the value of inadvertent household error claims collected and thirty-five percent (35%) of the value of intentional program violation claims collected, as well as full retention by FNS of all agency error over issuance recoveries.

F.IPV Claims

1.If a household member is found to have committed an intentional program violation (by an Administrative Disqualification Hearing official or a court of appropriate jurisdiction), or has signed either a waiver of hearing, or a consent agreement, the agency must initiate collection action against the individual's household.

2.The agency must initiate such collection unless the household has already repaid the over issuance, the agency has documentation which shows the household cannot be located, or the agency determines that collection action may prejudice the case against a household member referred for prosecution.

3.The agency initiates collection action for an unpaid or partially paid claim even if collection action was previously initiated against the household while the claim was being handled as an inadvertent household error claim.

4.In cases where a household member was found guilty of misrepresentation of fraud by a court, or signed a disqualification consent agreement in cases referred for prosecution, the agency requests that the matter of restitution be brought before the court or addressed in the agreement reached between the prosecutor and the accused individual.

G.Overpayment of a Claim

1.If a household has overpaid a claim, the agency must pay the household any amounts overpaid as soon as possible after the overpayment becomes known.

2.The household is paid by whatever method the agency deems appropriate, considering the household's circumstances.

H.Claims Discharged through Bankruptcy

1.The agency acts on behalf of, and as, FNS in any bankruptcy proceeding against bankrupt households owing SNAP claims.

2.The agency possesses any rights, priorities, interests, liens or privileges, and participates in any distribution of assets, to the same extent as FNS.

3.Acting as FNS, the agency has the power and authority to file objections to discharge, proofs of claims, exceptions to discharge, petitions for revocation of discharge and any other documents, motions or objections which FNS might have filed.

I.Interstate Claims Collection

1.When a household moves out of the area under the agency's jurisdiction, the agency should initiate or continue collection action against the household for any over issuance to the household which occurred while it was under the agency's jurisdiction.

2.The agency which overpaid benefits to the household has the first (1st) opportunity to collect any over issuance.

a.However, if the agency which overpaid benefits to the household does not take prompt action to collect, then the agency which administers the area into which the household moves should initiate action to collect the over issuance.

b.Prior to initiating action to collect such over issuance, the agency which administers the area into which the household moves must contact the agency which overpaid benefits to ascertain that it does not intend to pursue prompt collection.

1.18.2Delinquent Claims

A.A claim must be considered delinquent if:

1.The claim has not been paid by the due date and a satisfactory payment arrangement has not been made, or:

a.The date of delinquency in this instance is the due date on the initial written notification or demand letter.

b.The claim remains delinquent until payment is received in full, a satisfactory payment agreement is negotiated, or allotment reduction is imposed; or

2.A payment arrangement has been established and a scheduled payment has not been made by the due date.

a.In this instance, the date of delinquency is the due date of the missed installment payment.

b.The claim remains delinquent until payment is received in full, allotment reduction is imposed, or if the CCR Unit decides to either to resume or re-negotiate the repayment schedule.

B.A claim is not considered delinquent if another claim for the same household is currently being paid either through installment agreement or allotment reduction and the CCR Unit expects to begin collection on the claim once the prior claim(s) is settled.

C.A claim awaiting a hearing decision is not considered delinquent.

1.If the hearing officer determines that a claim does, in fact, exist against the household, the household must be re-notified of the claim.

2.Demand for payment may be combined with hearing decision letter.

3.Delinquency must be based on the due date of this subsequent notice and not the initial pre-hearing demand letter sent to the household.

4.If the hearing officer determines that a claim does not exist, the claim is disposed of in accordance with § 1.18.4 of this Part.

1.18.3Compromising Claims

A.The CCR Unit may compromise a claim or any portion of a claim if it can be reasonably determined that a household economic circumstances dictate that the claim will not be paid in three (3) years.

1.The full amount of the claim (including any amount compromised) may be used to offset benefits owed to the household in accordance with § 1.18.5 of this Part.

2.Any compromised portion of a claim may be reinstated if the claim becomes delinquent.

1.18.4Terminating and Writing-Off Claims

A.A terminated claim is a claim in which all collection action has ceased. A written-off claim is no longer a receivable subject to Federal and State agency collection and reporting requirements.

1.If a claim is determined to be invalid, the claim must be discharged and reflected as a balance adjustment rather than a termination unless it is appropriate to pursue the over issuance as a different type of claim (e.g., as an inadvertent household error rather than an Intentional Program Violation claim).

B.Claims must be terminated and written off, when:

1.All adult household members are deceased;

2.The claim balance is twenty-five dollars ($25.00) or less and the claim has been delinquent for ninety (90) days or more unless other claims exist against this household resulting in an aggregate claim total of greater than twenty-five dollars ($25.00);

3.It is not cost effective to pursue the claim any further;

4.The claim is delinquent for three (3) years or more, unless it is planned to pursue the claim through Treasury's Offset Program; or

5.The household cannot be located.

C.A terminated and written-off claim may be reinstated if a new collection method or a specific event (such as winning the lottery) substantially increases the likelihood of further collection.

1.18.5Offsetting Claim Prior to Restoring Benefits

A.When calculating the amount of the claim, any amount of under issuance not yet restored in accordance with § 1.19 of this Part, must be offset against the claim. The agency then institutes collection action for the remaining balance.

1.When there is any restoration of lost benefits which is used to offset an established claim, the balance of the claim is reduced by the amount of the offset.

B.For each month that a household received an over issuance due to an act of intentional program violation, the agency must determine the correct amount of SNAP benefits, if any, the household was entitled to receive.

1.The amount of an intentional program violation claim is calculated back to the month the act of intentional program violation occurred, regardless of the length of time that elapsed until the determination of intentional program violation was made.

a.However, the agency must not include in its calculation any amount of the over issuance which occurred in a month more than six (6) years from the date the over issuance was discovered.

2.If the household received a larger allotment than it was entitled to receive, the agency representative must establish a claim against the household equal to the difference between the allotment the household received and the allotment the household should have received.

a.When determining the amount of benefits the household should have received, the agency representative must not apply the twenty percent (20%) earned income deduction to earned income which the household failed to report in a timely manner in accordance with the household’s change reporting requirements.

3.If the household member is determined to have committed an intentional program violation by failing to report a change in the household's circumstances, the first (1st) month affected by the household's failure to report is the first (1st) month in which the change would have been effective had it been reported.

a.In no instance, however, is the first (1st) month of over issuance any later than two (2) months from the month in which the change in household circumstances occurred.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.19 Benefit Underpayments

A.If the agency representative determines that a loss of benefits has occurred, and a household is entitled to restoration of these benefits, action to restore the benefits must automatically be taken.

1.However, benefits are not restored if the benefits were lost more than twelve (12) months prior to the month the loss was discovered by the agency in the normal course of business or were lost more than twelve (12) months prior to the month the agency representative was notified in writing, or orally, of a possible loss to a specific household.

2.Benefits are restored to a household whenever:

a.The loss was caused by an agency error; and/or,

b.There is a statement elsewhere in the Regulations specifically stating that the household is entitled to restoration of lost benefits; and/or,

c.There is an administrative disqualification for intentional program violation which was subsequently reversed.

3.The household is notified of its entitlement, the amount of benefits to be restored, any off-setting that was done, the method of restoration, and the right to appeal through the hearing process if the household disagrees with any aspect of the restoration of lost benefits.

4.If the household was eligible, but received an incorrect allotment, the amount to be restored is the difference between the actual and the correct allotment.

5.The loss of benefits is calculated only for those months the household participated.

6.The agency must restore to a household benefits which were found by any judicial action to have been wrongfully withheld.

a.If the judicial action is the first (1st) action the recipient has taken to obtain restoration of lost benefits, then benefits must be restored for a period of not more than twelve (12) months from the date the court action was initiated.

b.When the judicial action is a review of the agency action, the benefits must be restored for a period of not more than twelve (12) months from the first (1st) of the following dates:

(1)The date the agency receives a request for restoration;

(2)If no request for restoration is received, the date the fair hearing action was initiated; and

(3)Never more than one (1) year from when the agency is notified of, or discovers, the loss.

7.Benefits must be restored even if a household is currently ineligible.

B.If the loss was caused by an incorrect delay, denial, or termination of benefits, the months affected by the loss must be determined as follows:

1.If an eligible household's application was delayed, the months for which benefits were lost are determined in accordance with procedures in § 1.3.8 of this Part for determining whether the delay was caused by the household or the agency representative.

2.If an eligible household's application was erroneously denied, the month the loss initially occurred is the month of application, or for an eligible household filing a timely reapplication, the month following the expiration of its certification period.

3.If a household's benefits were erroneously terminated, the month the loss initially occurred is the first (1st) month benefits were not received as a result of the erroneous action.

4.After determining the date the loss initially occurred, the loss is calculated for each month subsequent to that date until either the first (1st) month the error is corrected or the first (1st) month the household is found ineligible.

C.For each month affected by the loss, the agency representative must determine if the household was actually eligible.

1.In cases which have no information in the household's case file to document that the household was actually eligible, the agency representative advises the household of what information must be provided to determine eligibility for those months.

2.For each month the household cannot provide the necessary information to demonstrate its eligibility, the household is ineligible.

3.For the months the household was eligible, the agency representative calculates the allotment the household should have received.

a.If the household received a smaller allotment than it was eligible to receive, the difference between the actual and correct allotments equals the amount to be restored.

D.Benefits are not restored if a household is otherwise at fault.

1.Examples of errors for which benefits are not restored:

a.A household does not report a change which increases benefits;

b.A household fails to provide verification without good cause; or,

c.A household provides incorrect information caused by household error, which results in loss of benefits.

E.If it is determined that a household is entitled to restoration of lost benefits, but the household does not agree with the amount to be restored as calculated by the agency representative or any other action taken by the agency representative to restore lost benefits, the household may request a hearing within ninety (90) days of the date the household is notified of its entitlement.

1.If a hearing is requested prior to or during the time benefits are being restored, the household receives the lost benefits as determined by the agency representative pending the results of the hearing.

2.If the hearing decision is favorable to the household, the agency representative restores the lost benefits in accordance with that decision.

F.Offsetting Claims

1.If a claim against a household is unpaid or held in suspense as provided in § 1.19, the amount to be restored must be offset against the amount due on the claim before the balance, if any, is restored to the household.

2.At the point in time when the household is certified and receives an initial allotment, the initial allotment must not be reduced to offset prior claims, even if the initial allotment is paid retroactively.

G.IPV Restoration

1.An individual disqualified for an intentional program violation is entitled to restoration of any benefits lost during the months that they were disqualified, not to exceed twelve (12) months prior to the date of agency notification, only if the decision which resulted in disqualification is subsequently reversed.

2.For each month the individual was disqualified, not to exceed twelve (12) months prior to agency notification, the amount restored, if any, is determined by comparing the allotment the household received with the allotment the household would have received had the disqualified member been allowed to participate.

a.If the household received a smaller allotment than it should have received, the difference equals the amount to be restored.

3.Participation in an Administrative Disqualification Hearing in which the household contests the agency assertion of intentional program violation is considered notification that the household is requesting restored benefits.

H.Method of Restoration

1.Regardless of whether a household is currently eligible or ineligible, the agency representative must restore lost benefits to a household by issuing an allotment equal to the amount of benefits that were lost.

2.This allotment is added to the current EBT account. This amount is in addition to the benefit a currently eligible household is entitled to receive.

I.Changes in Household Composition

1.Whenever lost benefits are due a household in which the household's membership has changed, the agency representative restores the lost benefits to the household containing a majority of the individuals who were household members at the time the loss occurred.

2.If the agency representative cannot locate or determine the household that contains a majority of household members, the agency representative restores the lost benefits to the household containing the head of the household at the time the loss occurred.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.20 SNAP Assistance in Disasters (D-SNAP)

A.The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Pub. Law 100-707), and the Food and Nutrition Act of 2008 (as amended through Pub. Law 118-5), provides the authority to establish temporary emergency standards of eligibility for households who are survivors of a disaster that disrupts commercial channels of food distribution after those channels have been restored.

1.During a Presidential or an FNS declared disaster where a quick response is needed to meet sudden heavy demand at the SNAP offices and the on-going program cannot meet the food needs of afflicted households, the approach to be used is emergency SNAP issuance.

2.The Department of Human Services will seek approval for authorization to implement Disaster SNAP (D-SNAP) procedures if, after consultation with officials in the disaster area, it is determined that it is necessary.

3.Households affected by the disaster are certified by the procedures outlined in this Section.

4.FNS will specify the period of authorization which cannot be more than one (1) month.

a.If necessary, the State may apply for extension of the one (1) month period.

B.Certification Points

1.Normally, certification is handled in the DHS offices but, if necessary, to the extent possible, certification locations convenient to disaster victims should be established.

2.In the event of a Presidential-declared disaster, there will be cooperation with FEMA in establishing certification points in Disaster Assistance Centers.

C.Eligibility and Certification

1.D-SNAP provides a full month’s allotment to households who may not normally qualify for or participate in SNAP.

a.The allotment for a household is equal to the maximum monthly allotment for the household size provided under regular SNAP.

b.D-SNAP allotments are updated yearly and available on the FNS website at https://www.fns.usda.gov/snap/dsnap/state-agencies-partners-resources.

2.As part of a D-SNAP, DHS may also automatically or individually supplement the regular SNAP benefits of ongoing households affected by the disaster to bring them up to the maximum allotment or replace benefits for food that was lost during the disaster.

3.To be eligible for D-SNAP, a household must live in the identified disaster area, have been affected by the disaster, and meet the following D-SNAP eligibility criteria:

a.Household Composition

(1)Household composition is established as of the date the disaster struck;

(2)A household includes those people living together, purchasing and preparing food together at the time of a disaster and

(3)A D-SNAP household does not include those people with whom applicants are temporarily staying due to the disaster.

b.Residency

(1)The household must have lived or worked in the disaster area at the time of the disaster.

c.Purchase Food

(1)The household must plan on purchasing food during the disaster benefit period or have purchased food during that time if the benefit period has passed.

d.Adverse Effects

(1)The household must have experienced at least one (1) of the following adverse effects in order to be eligible:

(AA)Lost or inaccessible income, which includes reduction or termination of income, or a delay in receipt of income during the benefit period due to the disaster.

(BB)Inaccessible liquid resources (e.g., banks are closed due to the disaster) during the benefit period.

(CC)Deductible disaster-related expenses: Out of pocket disaster-related expenses paid (not only incurred) by the household that are not expected to be reimbursed during the thirty (30) day benefit period, including damage to or destruction of the household's home or self-employment business.

4.A household is not eligible for D-SNAP if it is already being served by the disaster household distribution of USDA Foods, which is separately authorized under disaster Regulations.

a.This disaster household distribution program is distinct from the normally operating Food Distribution Program on Indian Reservations (FDPIR) (7 C.F.R. Parts 250, 253, and 254) and The Emergency Food Assistance Program (TEFAP) (7 C.F.R. Part 251).

5.Disaster Gross Income Limit

a.D-SNAP groups income and resources together under one (1) test.

b.The household's take-home income received (or expected to be received) during the benefit period plus its accessible liquid resources minus disaster-related expenses (unreimbursed disaster-related expenses paid or anticipated to be paid out of pocket during the disaster benefit period) shall not exceed the Disaster Gross Income Limit (DGIL).

c.Resources are determined on the first (1st) day of the benefit period; anything received during the remainder of the benefit period would be counted as income.

6.Interview Requirement

a.All D-SNAP applicants must have a face-to-face interview.

b.All interviews must be conducted at the D-SNAP site, except in extraordinary circumstances.

c.As in the regular program, households unable to apply in person may choose to designate an authorized representative to apply on their behalf.

7.If the household fails to meet the above eligibility requirements, eligibility for SNAP assistance is determined in accordance with ongoing program requirements.

D.Application Processing

1.The agency may accept applications for D-SNAP benefits from new households and requests for supplements from ongoing households only during the application period which is approved by FNS.

2.Verification Rules are eased during a disaster.

a.Verification requirements in D-SNAP are three (3) tiered:

(1)Identity must be verified;

(2)Residency and household composition should be verified where possible; and

(3)Loss/inaccessibility of income or liquid resources and food loss can be verified if questionable.

E.Benefit Period and Issuance

1.The benefit period approved by FNS for each D-SNAP is thirty (30) days, except in extraordinary circumstances.

2.The benefit period begins on the date of the disaster or the date of any mandatory evacuation preceding the disaster.

a.This date is generally the first (1st) day of the “Incident Period” provided by the Presidential Disaster Declaration.

3.SNAP benefits may be issued to the head of the household, the spouse, or an authorized representative.

a.D-SNAP benefits will be issued on an Electronic Benefits Transfer (EBT) card and will be made available as soon as possible and no later than three (3) calendar days (except in questionable cases in which issuance may be delayed up to seven (7) days) from the date the application was filed.

F.Quality Control Provisions

1.Quality Control is an administrative system for documenting the extent of and reasons for errors in the eligibility and basis of issuance of participating households receiving federally funded SNAP benefits.

a.Based on this documentation, action must be taken to reduce the incidence of these errors below pre-established tolerance limits.

b.Cases which are receiving federally funded SNAP benefits continue to be subject to review under normal quality control procedures to determine the accuracy of the Federal SNAP.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.21 SNAP Assistance During a Declared Pandemic (P-SNAP)

A.In the event where a national pandemic is declared and the agency receives approval from FNS to deliver pandemic SNAP (P-SNAP) benefits to certified eligible households, the agency may utilize the following program flexibilities authorized by FNS including, but not limited to:

1.Substitute telephone interviews for face to face interviews;

2.Postpone expedited service interviews;

3.Suspend the interview at certification and recertification;

4.Temporarily increase the allowable monthly SNAP allotments for household size;

5.Provide additional temporary nutrition assistance through Pandemic Electronic Benefit Transfer (P-EBT) to families who meet the eligibility requirements as specified by FNS;

6.Provide good cause for Able-Bodied Adults without Dependents (ABAWDs) who do not meet the work requirements or employment and training (E&T) requirements to continue receiving SNAP benefits;

7.Temporarily or partially suspend the time limit for Able-Bodied Adults without Dependents (ABAWD) participation in the Supplemental Nutrition Assistance Program unless the person fails to comply with work or a work program offered by the State;

8.Adjust and extend the expiration of certification periods;

9.Adjust the interim reporting requirement for households;

10.Temporarily suspend all collection of active recoupments of SNAP overpayments;

11.Suspend the requirement for QC to complete a face-to-face interview;

12.Extend the fair hearing process up to one hundred twenty (120) days from receipt of the request for fair hearings that were already in process or for which requests are received during an approved timeframe;

13.Suspend fair hearing face to face interviews and conduct hearings by an alternate means, such as telephone or video conference; and

14.Extend the timeframe for sending notices confirming oral withdrawal requests up to thirty (30) days from receipt of the request for such requests received during the approved time period.

15.Temporarily expand student eligibility to allow for students who do not meet the work requirement criteria to be eligible for SNAP if:

a.They are eligible for, though not required to participate in, a State or Federally financed work-study during the regular school year; or

b.They are enrolled at least half-time in an institution of higher education and have an expected family contribution (EFC) of zero dollars ($0.00) in the current academic year as determined in accordance with Part F of Title IV of the Higher Education Act of 1965.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.22 Replacement of Food Caused by Disaster or Household Misfortune

A.In cases in which food purchased with SNAP benefits is destroyed in a disaster or household misfortune affecting a participating household, that household may be eligible for replacement of the actual value of loss, not to exceed one (1) month's SNAP allotment, if the loss is reported verbally or in writing within ten (10) days and the household's disaster is verified with a signed and completed DHS SNAP-55 form within ten (10) days from the reported date of the loss.

1.This provision applies in cases of an individual household disaster or misfortune, as well as in natural disasters affecting more than one (1) household.

2.Examples of household misfortune include:

a.Extended power outage of four (4) hours or more

b.A flood

c.An equipment failure (refrigerator/freezer)

d.Loss of electricity due to failure to pay a utility bill

3.The household must provide verification of the food loss.

a.Prior to issuing a replacement, the agency shall obtain a signed statement from a member of the household attesting to the household's loss.

b.If the statement is not received by the agency within ten (10) days of the date of report, no replacement shall be made.

(1)If the tenth (10th) day falls on a weekend or holiday, and the statement is received the day after the weekend or holiday, the agency shall consider the statement timely received.

(2)It shall attest to the destruction of food purchased with the original issuance and the reason for the replacement.

c.This shall be verified through a collateral contact, documentation from a community agency including, but not limited to, the fire department or the Red Cross, a note from a landlord or the power company attesting to an outage or other event.

4.A household may not make more than one (1) request for replacement benefits for the same incident of loss.

a.However, there is no limit to the amount of replacement requests a household can make for separate incidents of household misfortune or disaster.

5.In cases where FNS has issued a disaster declaration and the household is otherwise eligible for emergency SNAP benefits in accordance with § 1.20 of this Part, the household must not receive both the disaster allotment and a replacement allotment.

B.Mass Replacements

1.When there is a wide-spread storm or power outage, the agency may apply for and receive a waiver from the FNS allowing for an automated mass replacement of a percentage of SNAP benefits for households in designated cities and towns.

a.These designated cities/towns will receive an automatic replacement of a percentage of their SNAP benefits.

b.They are not required to submit a statement of food loss, nor are they required to verify their food loss.

c.Replacement benefits will automatically be issued and applied to the household’s EBT account.

d.If a household submits a food replacement request after receiving a mass replacement and requests an amount greater than the replacement benefit amount received, the household is entitled to receive the difference between the requested amount and the amount previously replaced (up to the total monthly SNAP benefit allotment for that month).

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.23 Fair Hearings

A.A hearing is provided to any household aggrieved by any action of the agency which affects the participation of the household in the SNAP.

1.At the time of application, each household is informed in writing of its right to a hearing, of the method by which a hearing may be requested, and that its case may be presented by a household member or a representative, such as a legal counsel, a relative, a friend or other spokesperson.

a.At any time the household expresses a verbal or written objection to an agency action or decision, it is reminded of the right to request a hearing.

2.The household is also informed of the availability of free legal service through Rhode Island Legal Services.

a.Hearing procedures are published and made available to any interested party.

B.Agency Conference

1.The household is informed of the following optional agency provisions for hearing its complaint:

a.A discussion of the disputed issue(s) can be arranged between the household and an agency representative.

b.If the household prefers, an "Adjustment Conference" may be arranged with an agency representative.

(1)This is an informal hearing in which a household has an opportunity to state its dissatisfaction with the agency action.

(2)The agency representative presents the facts upon which the action was based.

(3)The designated agency representative determines whether or not the staff decision was made in accordance with appropriate policy.

2.An agency conference for a household contesting a denial of expedited service must be scheduled within two (2) working days, unless the household requests that it be scheduled later or states that it does not wish to have an agency conference.

C.Consolidated Hearings

1.The agency, at its discretion, may respond to a series of individual requests for hearings by conducting a single group hearing.

a.Only cases where related issues of State and/or Federal law, Regulation, or policy are the issues being raised are heard as consolidated hearings.

b.In all group hearings, the policies governing individual hearings are followed.

c.Each individual household is permitted to present its own case or have the case presented by a representative.

D.Timeframes for Hearings

1.A household is allowed to request a hearing on any action by the agency or loss of benefits which occurred in the prior ninety (90) days.

a.Action by the agency includes a denial of a request for restoration of any benefits lost more than ninety (90) days but less than a year prior to the request.

2.At any time within the certification period, a household may request a hearing to dispute its current level of benefits.

3.Within sixty (60) days of receipt of a request for a hearing, the appeals officer conducts the hearing, makes a decision, and notifies the household and agency representative of the decision.

4.A decision which results in an increase in household's benefits is implemented within ten (10) days of the receipt of the hearing decision even if the agency representative must approve a supplemental benefit.

5.Decisions which result in a decrease in household benefits are implemented at the next issuance subsequent to the receipt of the hearing decision.

E.Household Request for Postponement

1.The household may request, and is entitled to receive, a postponement of the scheduled hearing.

2.The postponement should not exceed thirty (30) days and the time limit for action on the decision may be extended for as many days as the hearing is postponed.

F.Expedited Hearings

1.The agency expedites hearing requests from households, such as migrant farmworkers, which plan to move from the jurisdiction of the appeals officer before the hearing decision would normally be reached.

a.Hearing requests from these households are processed faster than others, if necessary, to enable them to receive a decision and a restoration of benefits before they leave the area.

G.Denial/Dismissal of Request for Hearing

1.The agency must not deny or dismiss a request for a hearing unless:

a.The request is not received within the allowable time period;

b.The request is withdrawn by the household or its representative; or

c.The household or its representative fails, without good cause, to appear at the scheduled hearing.

H.Continuation of Benefits

1.If a household requests a hearing and continuation of benefits within the advance adverse notice period, and its certification period has not expired, the household's participation in the program is continued on the basis authorized immediately prior to the notice of adverse action, unless the household specifically waives continuation of benefits.

a.If a hearing request is not made within the period provided by notice of adverse action, benefits are reduced or terminated as provided in the notice.

b.However, if the household establishes that its failure to make the request within the advance notice period was for good cause, the agency representative provides for reinstatement of benefits on the prior basis.

2.When benefits are reduced or terminated due to mass change, participation on the prior basis is reinstated only if the issue being contested is that SNAP eligibility or benefits were improperly computed, or that a Federal law or Regulation is being misapplied or misinterpreted by the agency representative.

3.Once continued or reinstated, benefits are not reduced or terminated prior to the receipt of the official hearing decision unless:

a.The certification period expires

(1)The household may reapply and may be determined eligible for a new certification period with a benefit amount as determined by the agency representative pending the hearing official's decision on the disputed action;

b.The hearing official makes a preliminary determination, in writing and at the hearing, that the sole issue is one of Federal law or Regulation and that the household's claim that the agency improperly computed the benefits or misinterpreted or misapplied such law or Regulation is invalid;

c.A change affecting the household's eligibility or basis of issuance occurs while the hearing decision is pending, and the household fails to request a hearing after the subsequent notice of adverse action; or

d.A mass change affecting the household's eligibility or basis of issuance occurs while the hearing decision is pending.

4.The agency promptly informs the household, in writing, if benefits are reduced or terminated pending the hearing decision.

5.If the agency action is upheld by the hearing decision, a claim against the household must be established for any over issuance (see § 1.18 of this Part).

I.Hearing Process

1.Official notice of the hearing is sent to all parties involved at least ten (10) days before the scheduled hearing date unless the household requests less advance notice to expedite the scheduling of the hearing.

2.If an individual chooses to have legal representation at the hearing, e.g., be represented by an attorney, paralegal, or legal assistant, the representative must file a written Entry of Appearance with the Hearing Office at or before the hearing.

a.The Entry of Appearance acts as a release of confidential information, allowing the legal representative access to the agency case record.

3.The hearing must be attended by a representative of the agency which initiated the action being contested and by the household and/or its representative.

a.The hearing may also be attended by friends and relatives of the household if the household so chooses.

b.However, the appeals officer has the authority to limit the number of persons in attendance at the hearing if it is determined that space limitations exist.

4.The household or its representative must be given adequate opportunity to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing.

a.The contents of the case file including the application form and documents of verification used by the agency representative to establish the household's ineligibility or eligibility and allotment must be made available, provided that confidential information, such as the names of individuals who have disclosed information about the household without its knowledge or the nature or status of pending criminal prosecutions, is protected from release.

b.If requested by the household or its representative, the agency representative must provide free copies of the relevant portions of the case file.

c.Confidential information which is protected from release and other documents or records which the household does not otherwise have an opportunity to contest or challenge must not be presented at the hearing or affect the appeals officer's decision.

5.The household also has the opportunity to:

a.Examine the Department's past hearing decisions.

b.Present the case itself or have it presented by another person (if it is represented by legal counsel, e.g., be represented by an attorney, paralegal, or legal assistant);

c.Bring witnesses;

d.Advance arguments without undue interference;

e.Question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses; and,

f.Submit evidence to establish all pertinent facts and circumstances in the case.

6.The appeal record must be retained for three (3) years and be available, for inspection and copying, to the household or its representative at any reasonable time.

7.The household is notified that it has the right to pursue judicial review of an adverse hearing decision.

8.The household and the agency representative are notified in writing of:

a.The decision;

b.The reasons for the decision in accordance with;

c.The available appeal rights; and,

d.That the household's benefits will be issued or terminated as decided by the appeals officer.

e.The notice advises that an appeal request may result in a reversal of the decision.

J.Implementation of Final Agency Decisions

1.The agency is responsible for ensuring that all final hearing decisions are implemented within the time limits specified in § 1.23(D) of this Part.

2.When the appeals officer determines that a household has been improperly denied program benefits or has been issued a lesser allotment than was due, lost benefits are provided to the household in accordance with § 1.19 of this Part.

3.Benefits to households which are leaving the project area are restored before the departure, whenever possible.

4.When the appeals officer upholds the agency's action, a claim against the household for any over issuance is prepared in accordance with § 1.18 of this Part.

K.Administrative Disqualification Hearings (ADH)

1.An Administrative Disqualification Hearing (ADH) is initiated by the Claims, Collections, and Recoveries (CCR) Unit whenever there is sufficient documentary evidence to substantiate that an individual has committed one (1) or more intentional program violations as defined in § 1.9 of this Part.

a.Such cases include alleged intentional program violation claims in discretionary amounts not feasible for prosecution plus those in which the agency believes the facts of the individual case do not warrant civil or criminal prosecution through the appropriate court system.

b.Other cases may be those previously referred for prosecution, but for which prosecution was declined by the appropriate legal authority.

2.The agency may initiate an Administrative Disqualification Hearing regardless of the current eligibility of the individual.

a.If the individual is not eligible for the program at the time the disqualification period is to begin, the disqualification penalty shall be imposed as if the individual were eligible to participate at the time of the penalty imposition.

3.The administrative disqualification hearing may be conducted regardless of whether other legal action is planned against the household member.

4.Administrative disqualification hearings are held by the Administrative Disqualification Hearing Officer.

a.No person who has participated in the issue under review is eligible to serve as a Hearing Officer.

5.The agency publishes clearly written Rules of procedure for disqualification hearings which are made available to any interested party.

6.The agency provides written notice to the household member suspected of intentional program violation at least thirty (30) days in advance of the date a disqualification hearing initiated by the State has been scheduled.

a.If the notice is sent first class mail to the individual's address of record being maintained by the Department and is returned as undeliverable, the hearing may still be held.

b.In instances in which the individual claims good cause for failure to appear based on a showing of non-receipt of the hearing notice, the individual has thirty (30) days after the date of the written notice of the hearing decision to claim good cause.

7.For all Administrative Disqualification Hearings, ten (10) business days prior to the hearing date, the recipient and the agency must exchange a list of any expert witnesses and exchange expert reports to be presented at the hearing.

a.An expert witness is defined as a witness who possesses a special knowledge in a subject of a scientific, mechanical, professional, or technical nature; an expert report is a writing of an expert witness.

b.If the recipient does not intend to utilize an expert witness or expert report at the hearing, they do not need to exchange such expert witnesses' names and/or reports.

c.Failure to include such a witness or document prevents that party from presenting that witness or document at the hearing, unless the hearing officer finds that good cause exists for the failure to produce.

(1)If good cause is found to exist, the other party may request a continuance to consider and review the previously undisclosed evidence.

(2)If the agency representative receives a request to review the evidence and/or case file before the hearing, a review should be planned by contacting the CCR Unit.

8.The household, or its representative, must be given adequate opportunity to examine all documents and records to be used at the hearing, at a reasonable time before the date of the hearing, as well as during the hearing.

a.The contents of the case file, including the application form and documents of verification used by the agency representative to establish the household's ineligibility, or eligibility and allotment, must be made available, provided that confidential information, such as the names of individuals who have disclosed information about the household without its knowledge, or the nature or status of pending criminal prosecutions, is protected from release.

b.If requested by the household or its representative, the agency representative must provide the relevant portions of the case file. All pertinent evidence and documents pertaining to the disqualification hearing will be available for inspection at the Office of the ADH Officer.

c.Confidential information that is protected from release, and other documents or records which the household will not otherwise have an opportunity to contest or challenge, must not be presented at the hearing to affect the Hearing Officer's decision.

9.At the disqualification hearing, the Hearing Officer must advise the household member, or representative, that they may refuse to answer questions during the hearing.

a.This refusal must, in no way prejudice the Hearing Officer's decision on the issues.

10.The household must also have the opportunity to:

a.Present the case itself, or have it presented by a legal counsel or other person;

b.Bring witnesses;

c.Advance arguments without undue interference;

d.Question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses; and,

e.Submit evidence to establish all pertinent facts and circumstances in the case.

11.The hearing is attended by the representative(s) of the agency which initiated the action being contested and by the household and/or its representative.

a.The hearing may also be attended by friends and relatives of the household if the household so chooses.

b.However, the Hearing Officer has the authority to limit the number of persons in attendance at the hearing if it is determined that space limitations exist.

12.The hearing decision record must be retained for three (3) years and must also be available to the household or its representative for inspection and copying at any reasonable time.

a.A decision by the Administrative Disqualification Hearing Officer is binding on the agency and must summarize the facts of the case, specify the reasons for the decision, and identify the supporting evidence and the pertinent Regulations or policy.

b.The household is notified that it has the right to pursue judicial review of an adverse hearing decision.

c.The household and the agency representative are notified in writing of:

(1)The decision;

(2)The reasons for the decision; and

(3)The available appeal rights.

13.If the household member, or its representative, cannot be located or fails to appear at the hearing without good cause, the hearing is conducted without the household member represented.

a.If the household member is found to have committed an intentional program violation, but the Hearing Officer later determines that the household member, or representative, had good cause for not appearing, the previous decision must no longer remain valid and the agency must conduct a new hearing.

(1)The hearing official who originally ruled on the case may conduct the new hearing.

b.In instances in which the individual claims good cause for failure to appear based upon a showing of non-receipt of the hearing notice, the individual has thirty (30) days after the date of the written notice of the hearing decision to claim good cause.

(1)In all other instances, the household member has ten (10) days from the date of the scheduled hearing to present reasons indicating good cause for failure to appear.

(2)The individual shall provide evidence of the non-receipt of the hearing notice to the Administrative Disqualification Hearing Officer for consideration.

14.A pending disqualification hearing must not affect the individual's or the household's right to be certified and to participate in the program.

a.Since the agency cannot disqualify a household member for intentional program violation until the hearing official finds that the individual has committed intentional program violation, the agency representative must determine the eligibility and benefit level of the household in the same manner as it would be determined for any other household.

b.However, the household's benefits must be discontinued if the certification period has expired and the household, after receiving its notice of expiration, fails to reapply.

c.The agency representative should also reduce or terminate the household's benefits if the agency has documentation which substantiates that the household is eligible, or ineligible, for fewer benefits (even if these facts led to the suspicion of intentional program violation and the resulting disqualification hearing) and the household fails to request a fair hearing and continuation of benefits pending the hearing.

15.If the hearing authority rules that the household member has committed an intentional program violation, the household member must be disqualified in accordance with the disqualification penalties specified in § 1.9 of this Part, beginning with the first (1st) month which follows the date the household receives written notification of the hearing decision.

a.However, if the act of intentional program violation which led to the disqualification occurred prior to notification of the disqualification penalties specified in § 1.9 of this Part, the household member must be disqualified in accordance with the disqualification penalties in effect at the time of the offense.

b.The same act of intentional program violation repeated over a period of time must not be separated so that separate penalties can be imposed.

c.The determination of intentional program violation made by a disqualification hearing official cannot be reversed by a subsequent fair hearing decision.

(1)The household member, however, is entitled to seek relief in a court having appropriate jurisdiction.

(2)The period of disqualification may be subject to stay by a court of appropriate jurisdiction or other injunctive remedy.

d.Even if the individual is not eligible for the program at the time the disqualification penalty is to begin, the disqualification penalty shall be imposed as if the individual were eligible to participate at the time of the penalty imposition.

e.Once a disqualification penalty has been imposed against a currently participating household member, the period of disqualification continues uninterrupted until completed, regardless of the eligibility of the disqualified member's household.

(1)However, the disqualified member's household continues to be responsible for repayment of the over issuance which resulted from the disqualified member's intentional program violation, regardless of its eligibility for program benefits.

16.If the hearing official finds that the household member did not commit an intentional program violation, the agency must provide a written notice informing the household member of the decision.

17.If the hearing official finds that the household member committed an intentional program violation, the agency must provide written notice to the household member prior to disqualification.

a.The notice informs the household member of the decision and the reason for the decision.

b.In addition, the notice informs the household member of date disqualification will take effect.

(1)If the individual is no longer participating, the notice must inform the individual that the period of disqualification will be deferred until such time as the individual again applies for, and is determined eligible, for program benefits.

c.The agency must also provide written notice to the remaining household member(s), if any, of either the allotment they will receive during the period of disqualification or that they must reapply because the certification period has expired.

18.The agency must allow accused individuals to waive their rights to an Administrative Disqualification Hearing.

a.This is only done when the CCR Unit has determined that evidence exists which warrants the scheduling of an Administrative Disqualification Hearing.

b.After such a determination has been made, the CCR Unit mails the Waiver of Right to Administrative Disqualification Hearing to the household member which notifies the individual of a scheduled appointment at which the individual is offered an opportunity to review all the evidence and any other material relating to the claim.

(1)The written notification, conforming to FNS Regulations, informs the household member of the possibility of waiving an Administrative Disqualification Hearing

(2)If the household member suspected of intentional program violation keeps the appointment and/or signs and returns the Waiver of Right to an Administrative Hearing within the time frames specified by the agency, the household member must be notified and disqualified in accordance with the disqualification penalties and procedures specified in § 1.9 of this Part.

(3)If the household member does not sign the waiver within the time frame indicated on the letter, the claim is forwarded to the Administrative Disqualification Hearing Office.

19.The agency refers for prosecution those cases of alleged intentional program violation which meet the criteria established by the CCR Unit.

a.The agency also encourages State prosecutors to recommend to the court that a disqualification penalty, as provided in § 1.9 of this Part, be imposed, in addition to any other civil or criminal penalties for such violations.

b.The agency must disqualify an individual found guilty of intentional program violation for the length of time specified by the court.

(1)If the court fails to impose a disqualification period, the agency must impose a disqualification period in accordance with the provisions in § 1.9 of this Part unless contrary to the court order.

(2)If disqualification is ordered, but a date for initiating the disqualification period is not specified, the agency should initiate the disqualification period for currently eligible individuals within forty-five (45) days of the date the disqualification was ordered.

(3)Any other court-imposed disqualification must begin within forty-five (45) days of the date the court found a currently eligible individual guilty of civil or criminal misrepresentation or fraud.

c.If the individual is not eligible for the program at the time the disqualification period is to begin, the disqualification penalty shall be imposed as if the individual were eligible to participate at the time of the penalty imposition.

d.Once a disqualification penalty has been imposed against a currently participating household member, the period of disqualification continues uninterrupted until completed, regardless of the eligibility of the disqualified member's household.

(1)However, the disqualified member's household continues to be responsible for repayment of the over issuance which resulted from the disqualified member's intentional program violation, regardless of its eligibility for program benefits.

e.If the court finds that the household member committed intentional program violation, the agency must provide written notice to the household member.

(1)The notice must be provided prior to disqualification, whenever possible.

(2)The notice must inform the household member of the disqualification and the date disqualification will take effect.

(3)The agency must also provide written notice to the remaining household member(s), if any, of the allotment they will receive during the period of disqualification, or that they may reapply because the certification period has expired.

f.The agency allows accused individuals to sign disqualification consent agreements for cases of deferred adjudication.

(1)This option is used for those cases in which a determination of guilt is not obtained from a court due to the accused individual having met the terms of a court order, or which are not prosecuted due to the accused individual having met the terms of an agreement with the prosecutor.

g.In cases where the determination of intentional program violation is reversed by a court of appropriate jurisdiction, the agency must reinstate the individual in the program if the household is eligible.

(1)The agency must restore benefits that were lost as a result of the disqualification, in accordance with the procedures specified in § 1.19 of this Part.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-1 § 1.24 Elderly Simplified Application Project (ESAP)

1.24.1Authority

A.Under § 17(b) of the Food and Nutrition Act of 2008 (as amended through Pub. Law 118-05), the agency received Federal approval to implement an Elderly Simplified Application Project (ESAP) demonstration project, streamlining the SNAP application, recertification and verification processes for eligible elderly and/or disabled individuals with no earned income.

1.24.2Eligible Households

A.A household is eligible for the ESAP if it does not receive earned income and all adult members are elderly and/or disabled.

1.24.3ESAP Application Procedures

A.As part of the implementation process, a shortened and simplified paper SNAP application, the “Simple Application for the Supplemental Nutrition Assistance Program (SNAP) for Elderly and/or Disabled Households,” will be made available for ESAP households which includes only ESAP-required questions.

B.Filing the shortened and simplified application is not a requirement for participation in the ESAP. An ESAP-eligible household may apply for SNAP using any currently available application and still be determined eligible for the ESAP.

1.If a household that does not meet the ESAP criteria completes and submits the shortened and simplified ESAP application, the application will be accepted and processed and any missing information shall be acquired through the interview process and/or via requests for documentation. However, filing the ESAP application does not entitle an individual to participate in the ESAP.

1.24.4Interview Requirements

A.During the initial certification interview or the recertification interview when ESAP eligibility is first established, the household will be informed that an interview will not be required at the household’s next recertification unless:

1.The household requests an interview;

2.The information supplied by the household or authorized representative is questionable, incomplete or contradictory; and

3.The household’s recertification application is denied (e.g., a household’s circumstances have changed and it appears to be ineligible for SNAP).

a.The worker will not deny an ESAP recertification application without first attempting to schedule a recertification interview.

(1)A recertification interview cannot be waived until after ESAP eligibility has been established.

4.The household is comprised of both SNAP/RI Works recipients who are required to complete an interview as part of RI Works eligibility (See § 2.3.2 of this Subchapter).

1.24.5Verification

A.Electronic data matches will be used whenever possible to ensure that the ESAP household has no earned income and to verify gross non-exempt unearned income, non-citizen status, social security numbers, identity, child support payments, medical expenses if paying a Medicare premium, deceased status, and incarceration status.

1.If an electronic data match is not available, the information is questionable, or an unverified change has been reported by the household or received from a third party, verification must be requested from the household following existing SNAP verification processes as set forth in § 1.6 of this Part.

B.Since monthly shelter costs, utility expenses, and residency are self-attested and not verified through electronic data matches:

1.Shelter and utility costs will be verified only if they are questionable; and

2.Residency will be verified through readily available documentary evidence or collateral contacts.

C.Medical expenses can only be verified through electronic data matches if the household pays a Medicare premium.

1.If the household does not pay a Medicare premium, medical expenses are verified with documentary evidence or collateral contacts as outlined in existing SNAP verification processes (See § 1.6 of this Part).

2.If the household cannot verify medical expenses, the application will not be denied, but the medical expense deduction will not be applied.

3.ESAP households that elect to claim actual medical expenses because the expenses exceed the standard medical deduction (SMD), must re-verify medical expenses.

4.ESAP households covered by the State’s SMD do not need to re-verify medical expenses over thirty-five dollars ($35.00) at recertification, unless questionable.

1.24.6Certification Period and Recertification

A.ESAP households will be assigned a thirty-six (36) month certification period and will not have a mid-certification/interim report.

B.A recertification packet will be mailed to ESAP households sixty (60) days prior to the end of their certification period for completion. When eligibility is run through the electronic data sources on these cases for a recertification and the household is determined no longer eligible, an interview will be scheduled prior to case closure.

1.24.7Reporting Requirements

A.ESAP households are considered change reporters and are required to report changes, within ten (10) days of the date the change becomes known to the household as outlined in § 1.13.1 of this Part.

1.24.8Conversion of Households

A.Regular SNAP to ESAP

1.Upon implementation, the Department will automatically convert all qualifying households from SNAP to ESAP based on established criteria.

2.Households will have their recertification periods extended to a thirty-six (36) month period based on the time remaining in their current certification period and will receive a notice informing them of their new status, reporting procedures, and responsibilities.

3.Those households, who at the time of conversion already have had their recertification packets mailed out, will be converted to ESAP at the time their recertification is processed.

a.If the Department becomes aware that a regular SNAP household is eligible for the ESAP at recertification, including households that were former ESAP participants removed from ESAP due to changes in circumstances, the Department will add these households back to ESAP and send a notice informing the households of their new status, reporting procedures, and responsibilities.

B.ESAP to regular SNAP during Recertification

1.During recertification, when an ESAP household becomes ineligible for ESAP but remains eligible for SNAP, the household will be converted to a regular SNAP Simplified reporting (SR) household.

2.The ESAP certification period will remain for the household; however, the household will no longer be covered by any waivers of ESAP, except for the thirty-six (36) month certification period.

3.The household will be sent a notice of the changes in their status and responsibilities at the time they are removed from the ESAP and converted to regular SNAP (i.e., must now have a recertification interview).

4.At the end of the thirty-six (36) month certification period, the Department will assign eligible households who complete normal SNAP recertification requirements the appropriate certification period according to SNAP policy.

1.24.9Notice of Expiration/Renewal Form

A.The Department’s electronic eligibility system will generate and mail a combined expiration notice and recertification notice to ESAP households sixty (60) days prior to redetermination due date. Specialized language on the notice will inform the ESAP household of their reporting requirement (including completion of an interview for combined SNAP/RI Works recipients), and the potential termination of DHS benefits if the recertification is not completed and returned timely.

B.ESAP households will be recertified once the form is received and processed by the DHS staff. Continued ESAP eligibility will be determined using the criteria outlined in § 1.24.6 of this Part.

History

• Amendment — effective from 2026-04-05 to current
• EMERGENCY RULE Amendment — effective from 2025-11-05 to 04/05/2026
• EMERGENCY RULE Amendment — effective from 2025-10-29 to 11/05/2025
• Amendment — effective from 2025-06-06 to 10/29/2025
• Amendment — effective from 2025-04-26 to 06/06/2025
• EMERGENCY RULE Amendment — effective from 2024-12-30 to 04/26/2025
• Amendment — effective from 2024-10-24 to 12/30/2024
• Technical Revision — effective from 2024-10-01 to 10/24/2024
• Amendment — effective from 2024-09-22 to 10/01/2024
• Amendment — effective from 2023-12-15 to 09/22/2024
• Amendment — effective from 2023-10-01 to 12/15/2023
• Amendment — effective from 2023-05-14 to 10/01/2023
• Amendment — effective from 2023-01-01 to 05/14/2023
• Amendment — effective from 2022-11-10 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2022-10-01 to 11/10/2022
• Technical Revision — effective from 2022-01-04 to 10/01/2022
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2021-12-04 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2021-09-24 to 12/04/2021
• Amendment — effective from 2021-09-23 to 09/24/2021
• Amendment — effective from 2021-08-01 to 09/23/2021
• Technical Revision — effective from 2020-09-13 to 08/01/2021
• Amendment — effective from 2020-09-13 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-07-21 to 09/13/2020
• EMERGENCY RULE Amendment — effective from 2020-04-01 to 07/21/2020
• Amendment — effective from 2019-12-24 to 04/01/2020
• Amendment — effective from 2019-05-16 to 12/24/2019
• Amendment — effective from 2019-04-04 to 05/16/2019
• EMERGENCY RULE Amendment — effective from 2018-09-26 to 03/25/2019
• Adoption — effective from 2017-10-09 to 09/26/2018

218-RICR-20-00-2 Rhode Island Works Program Rules and Regulations

218-RICR-20-00-2 § 2.1 Purpose and Administration

2.1.1Legal Provisions

A.The Rhode Island Works Program (R.I. Gen. Laws Chapter 40-5.2-1 et seq.) establishes the legal basis for a welfare to work program to assist needy families to prepare for, accept and retain employment with necessary supports, as quickly as possible, and is the law through which the Federal assistance program, Temporary Assistance for Needy Families (TANF), is available to families in Rhode Island who meet program eligibility criteria. The Department of Human Services is charged with the responsibility of setting forth the eligibility requirements established in law. All provisions of R.I. Gen. Laws Chapter 40-5.2 shall be effective and apply to all applicants and recipients on or after July 1, 2008, except those described in Time Limit (see § 2.6 of this Part).

B.Cash assistance issued under the program is not transferable or assignable at law or in equity, and no benefits paid or payable shall be subject to execution levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law.

2.1.2Purpose

A.The purpose of the Rhode Island Works Program of the Department of Human Services (referred to as "the Department or DHS") is to provide financial and employment assistance to eligible pregnant persons and parents (or caregivers) with children and to ensure children’s healthy growth and development by providing access to necessary services.

B.The program is administered in a manner consistent with the objectives of the Department and respects the rights, privacy, and personal dignity of the individual. All applicants and recipients, without regard to race, color, national origin, English proficiency, age, sex, disability, religious belief, political belief, sexual orientation, gender identity or expression, have a right to apply, to confidentiality, to equitable and courteous treatment, to self-determination, to receive the proper form of assistance, to receive, if eligible, an accurate unrestricted income support and to an adjustment conference, and/or to a Fair Hearing.

C.An application completed by the applicant and filed with the Department, is used to apply for assistance and initiates the application process. An interview with the applicant to review these forms is required. The applicant is also required to document the information so that the Department can determine the applicant's eligibility or ineligibility. That determination encompasses all factors of eligibility, as set forth in the law and policy of the Department, and includes a full exploration and computation of resources which can be made available to each person or family.

2.1.3Scope of the Program for Families

A.The purpose of the Rhode Island Works Program is to assist working families with children who have insufficient income to meet their needs for food, shelter, clothing, child care, and medical care and to provide families with parents who are unemployed with both financial assistance and employment assistance, so the adult member(s) of the family can enter or re-enter the workplace, with necessary supports. This shall include developing and implementing child support payment and enforcement, case management that includes employment planning, employment services, and necessary social and human services supports; cash assistance, food assistance, child care subsidies and medical assistance for eligible children and families in need.

B.Cash Assistance for Eligible Families

1.Families in which there is an eligible child (see § 2.5 of this Part) and whose resources are within program limits (see § 2.14 of this Part), whose countable income is less than the cash payment amount are eligible for a cash assistance payment.

C.Child Care Assistance Program

1.All families who are eligible for cash assistance, especially those who require child care in order to meet the work requirements described in § 2.11 of this Part will be reviewed for the Child Care Assistance Program.

2.The Department shall also provide child care assistance to eligible families with incomes below two hundred percent (200%) of the Federal Poverty Level when such assistance is necessary for a member of these families to enroll or maintain enrollment as a matriculating student in a Rhode Island public institution of higher education.

3.Other families within income and resource limits and other requirements of the program detailed in the Child Care Assistance Program Rules and Regulations, Part 4 of this Subchapter, are eligible for subsidized child care for children under age thirteen (13), or for children between thirteen (13) and nineteen (19) years old who have a documented physical or mental disability which makes the child incapable of self-care.

D.Medicaid: pregnant persons and families with an eligible child or children may be eligible for Medical Assistance if their income and resources are within program limits (see Medicaid Code of Administrative Rules, Medicaid Application and Renewal Processes, 210-RICR-30-00-3).

E.Supplemental Nutrition Assistance Program (SNAP): families within program income and resource limits are eligible for food assistance. SNAP is a Federal program of the U.S. Department of Agriculture and is administered in Rhode Island by the Department of Human Services. A household that has been determined eligible for SNAP receives benefits which augment the food purchasing power of the family. See the Supplemental Nutrition Assistance Program, Part 1 of this Subchapter.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.2 Definitions

A.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 struggle to, read, or write the English language.

2.“Applicant” means a person who has filed a written application for assistance for themselves and their 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.“Behavioral Health” means encompassing mental health and substance use disorders, life stressors and crises, and stress-related physical symptoms

7.“Community service programs” means structured programs and activities in which cash assistance recipients perform work or gain experience 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.

8.“Department” means the Department of Human Services.

9.“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); or

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 they attain age nineteen (19), they 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 they attain age nineteen (19), they may reasonably be expected to complete the program of the secondary school (or such training).

10.“Director” means the Director of the Department of Human Services.

11.“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;

b.Sexual abuse;

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; or

g.Neglect or deprivation of medical care.

12.“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.

13.“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.

14.“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.

15.“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.

16.“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.

17.“Expanded Teen and Family Development Program” means a program designed for young parents, aged twenty-four (24) and younger which creates a referral to the Teen and Family Development (TFD) program to provide supports that are structured and tailored to younger parents’ needs. This is an optional selection for the individual, however if chosen, the mandatory employment plan hours must be met.

18.“Family” means:

a.A pregnant person; or

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 related by blood, marriage, or legal ties; provided, however, that the term “family” shall not include any person receiving Supplemental Security Insurance (SSI) benefits under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq. A family may be the same as the assistance unit.

19.“Foster care” means twenty-four (24) hour substitute care for a child placed away from their parent(s) or guardian(s) and for whom the State child welfare Department 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.

20.“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)

21.“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)Lives in a halfway house or similar institution which provides temporary residence for individuals who would otherwise be institutionalized, or

(3)Lives 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 family with children and youth who are defined as homeless under other Federal statutes who do not otherwise qualify as homeless under the definition, provided 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)Are 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 include: 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.

22.“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.

23.“Individual employment plan” means a written, individualized plan for employment or work opportunities, including removing barriers to employment, developed jointly and signed by the applicant and Agency and/or Department 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).

24.“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 contractors 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 (DCYF), substance abuse treatment, mental health treatment, or rehabilitation activities as appropriate for those who are otherwise employable.

25.“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 by a designee of DHS on an ongoing basis.

26.“Kinship” means a caretaker who is not the parent of a dependent child and has a legal or biological relationship with the child.

27“Legal permanent resident (LPR)” means those applicants/recipients who were lawfully admitted for permanent residence 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).

28.“Loco parentis” means a legal guardian or other individual acting in place of a parent.

29.“Low-income families” Rhode Island families with dependent child(ren) living at or under two hundred percent (200%) of the Federal Poverty guidelines, and/or youth between the ages of eighteen (18) to twenty-four (24) who seek services in employment, training, and skills to prevent future dependencies on State or local assistance.

30.“Minor parent” means all parents with children or individuals who are pregnant, and who are under eighteen (18). This designation is especially important for determining if a living arrangement is appropriate, which requires additional observation. All minor pregnant persons and parents must be referred to the Teen and Family Development (TFD) Program.

a.A minor parent may be an applicant or recipient with their dependent child(ren) in their own case or a member of an assistance unit with their dependent child(ren) in a case established by the minor parent’s parent blood relation or legal caretaker, also sometimes referred to as major parent (See Young Parent definition below).

31.“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.

32.“On-the-job-training” means training in the public or private sector that is given to a paid employee while they are 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.

33.“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.

34.“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 when appropriate, has entered into an individual employment plan. A participant may be a parent or non-parent caretaker relative included in the cash assistance payment.

35.“Recipient” means a person who has been found eligible and receives cash assistance in accordance with this regulation.

36.“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.

37.“Resident” means a person who maintains residence by their continuous physical presence in the State. There is no durational residence requirement, and an individual does not need to have a permanent address.

38.“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.

39.“State” means the State of Rhode Island.

40.“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.

41.“Subsidized housing” means housing for a family whose rent is restricted to a percentage of its income.

42.“Under payment” means:

a.A cash payment issued to an assistance unit for a payment month in an amount less than the amount for which the assistance unit was eligible; or

b.The failure to issue a payment for a payment month to an assistance unit eligible for such payment.

43.“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.

44.“Vocational educational training” means twelve (12) months of organized educational programs, 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 by a designee of DHS.

45.“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.

46.“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.

47.“Work supplementation” or “grant diversion” means the worth 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.

48.“Young parent” is defined for the reason of the required employment plan, for youth under the age of twenty (20) and the Expanded Teen and Family Development Program:

a.A young parent is under the age of twenty (20), who has not obtained a high school diploma, General Educational Development (GED), or equivalent.

b.The first (1st) employment plan goal must be completion of high school, a course of study leading to obtaining a GED, or another equal educational equivalency. This planning also includes a mandatory referral 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.

c.If a pregnant person or parent has completed high school, GED, or equivalency program before or while age eighteen (18), for employment plan purposes, this participant is an adult for the employment planning and is eligible for all employment plan activities available to adults.

d.A young parent may participate in the Expanded Teen and Family Development Program from the age of twenty (20) to the age of twenty-four (24) on a voluntary basis.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 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 RI Works 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 Department can establish a file date.

d.To constitute a valid telephonic signature, the Department’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 Department has ready access to the household's case file.

f.The Department 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 were attested to through the telephonic 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 Department's assistance programs either by telephone, by mail, through the customer portal, or in person. Authorized Department 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 the Child Care Assistance Program, a complete mail-in application packet will be provided either directly or will be mailed 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 is to ensure an individual's right to apply without delay for assistance.

G.It affords the person an opportunity to state their needs and to learn what the Department can do to help meet them. It also affords the Department an opportunity to apprise the person of their responsibilities in relation to the Department, 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 their choice and, when accompanied by such individual(s), may be represented by them. However, the Department requires an interview with the applicant during the application process.

2.3.2Screening Interview

A.Departmental staff are assigned by the Associate Director to assist with an in person or telephonic interview process utilized to assist in the completion of the screening interview. See § 2.3.1 of this Part for further instruction. When assigned Departmental staff are not available to conduct a screening, other Departmental staff may be designated to conduct the RI Works interview.

B.When a request for information about assistance is received in the DHS regional field 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 (RI Works), Medical Assistance (Rite Care), Child Care Assistance Program (CCAP), General Public Assistance (GPA) and other programs, as appropriate. When available, 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 interviewer inquiries about the presenting issue(s) and the citizenship status of the applicant, as well as the applicant’s situation which prompted them to seek the Department's assistance.

E.The DHS worker determines whether any crisis exists and works with the applicant to resolve it by utilizing suitable DHS and/or 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 they may be excused from certain RI Works requirements under the Family Violence Option Advocacy Program if meeting these requirements would put the applicant or their children at risk due to domestic violence and that they may also be excused from the child support requirement if pursuing child support would cause risk. In addition, the applicant is informed that the Family Violence Option Advocacy 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 they understand 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, the application, are completed, dated, and signed to obtain the necessary identifying information.

I.An applicant applying for cash assistance should also be screened for CCAP whenever possible, and eligibility should be determined simultaneously with cash assistance eligibility. The CCAP questions in the application should be completed during the initial screening process. The customer 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 customers at intake to ensure child care is in place prior to the customer's entering work activities which is a requirement of the RI Works Program.

J.If the applicant is unfamiliar with the DHS application for assistance, or is likely to require guidance in their completion, the DHS worker should show the individual how to complete the application and indicate 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 regional office, the date the application signature is recorded telephonically, or the date received online.

K.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) remove barriers and 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 explain:

1.RI Works is time-limited and that assistance units may 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 or kinship caretaker household and the non-parent caretaker is not included in the payment. Children in SSI or loco parentis or kinship 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 a Department 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 through the referral process to the network of community partners.

2.3.3Initial Assessment and Planning

A.The Department’s designated staff will conduct an initial preliminary assessment, considering 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 themselves of employment opportunities and/or work readiness programs. Unless exempt, and based on 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 they stop 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 their medical professional. The assigned worker may then refer the participant to the Office of Rehabilitation Services or another vendor 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.

2.3.4Screening Appointment

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

1.Prompt Appointment

a.All applicants must be scheduled for a prompt screening appointment, and such appointment interviews must be conducted within fifteen (15) working days of the initial screening and/or interview.

2.Emergency Screening Appointments

a.If an applicant indicates that they:

(1)Have 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 five(5) working days of the initial interview.

b.If the applicant is unable to keep a screening appointment, the intake appointment is scheduled for the earliest available time.

c.For the purposes of determining an "emergency screening 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 they are 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 screening appointment may have a change in circumstances which makes them 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, also called the DHS-2 is the 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 online, 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 kinship 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 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, if available, 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 either 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 them, the statements in the Rights and Responsibilities page and the Declaration of Customer Rights and Responsibility 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 they 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, they assign any and all rights that they may have for and on behalf of themselves 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 parentage and/or to collect support for said child(ren) who receives or received assistance from DHS. As a condition of eligibility for RI Works, an applicant must cooperate, with establishing, modification of and enforcement 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.For each applicant with children whose parent(s) is not in the home, the DHS worker reviews the AP-35 form to determine if child support enforcement should not be pursued due to good cause and obtains the applicant's signature. The Information on the Family Violence Option sheet is reviewed with the applicant. If the applicant states that they wish 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 they 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; or

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

c.Providing the spouse’s full name if the child’s birth certificate provides spouse’s name as unknown, and the parent was married at the time of birth. If the child(ren) were born within the marriage, the spouse or ex-spouse is the presumptive parent of the child(ren), unless and until they are specifically found not to be the second parent in a divorce decree.

d.Found not to be a parent based on the results of paternity test.

6.The applicant is further advised that they must present the Department 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 they or the staff member must take to obtain the information. They are advised that the Department may use, but is not limited to, on an ongoing basis, public records, and other State Department 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 they are required to inform the Department of any changes in their situation such as address, income, employment, resources, family composition, or other factors that affect their 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 they have 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 requests 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 Department. If the applicant is unwilling to obtain further verification, or have the Department obtain it, the applicant may choose to withdraw their application.

13.If the applicant decides they do 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 their 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 DHS-2). The application should be completed prior to the interview if possible.

2.Supplement for DHS-2 Statement of Need, Cash Assistance Received in Other States (RIW-20)

3.Request for Information, Months on Family Cash Assistance (RIW-21)

4.Notice of Requirement to Cooperate and the Right to Claim Good Cause for Refusal to Cooperate in Child Support Enforcement (AP-35). 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 (WVR-1)

2.3.7Review of the Application for Assistance

A.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, customer portal, 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 Department and the worker plans with the applicant how this is to be done.

C.Prior to authorizing eligibility for cash assistance 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 their 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 they do 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 their 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 their eligibility.

2.3.11Referral to DCYF

A.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.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.4 The Assistance Unit

2.4.1Persons Included in the Assistance Unit

A.The assistance unit consists of the group of persons living together in a single household who are included in the application for assistance and in the assistance payment if eligibility is established.

B.An application on behalf of a dependent child must include as applicants, certain relatives living in the same household as the dependent child. If otherwise eligible, the individuals specified below must be included in the assistance filing unit.

1."Otherwise eligible" means that an individual meets the non-financial requirements for cash assistance such as age, residence, citizenship, enumeration, etc., and is not ineligible, for example, due to receipt of SSI or the imposition of a sanction. When applied to the assistance unit, "otherwise eligible" indicates that the unit is eligible by virtue of meeting all requirements for cash assistance.

2.Parents. Any biological or adoptive parent living in the same household as the dependent child must be included in the assistance unit. In two-parent cases, both parents must be included in the unit if otherwise eligible. If the biological or adoptive parent is married, their spouse must also be included in the assistance unit if they reside in the same household.

3.Siblings

a.Blood-related or adoptive brothers and sisters living in the same household as the dependent child must also be included in the assistance unit if they meet the age and Citizenship and Qualified Non-Citizen Status requirements (See § 2.5.6 of this Part). Half-siblings must also be included.

b.The minor children of a stepparent, living in the same household, must also be included in the unit.

4.Minor Parents. If a minor parent is in the assistance unit, that assistance unit must include all natural, step, or adoptive parents of the minor parent and all minor blood-related, step or adoptive brothers and sisters residing within the assistance unit.

5.Custody. If the parents are not residing together, a child shall be considered residing with the parent who has legal custody and physical possession of the child the majority of the time, as outlined in a court order. If legally established that the child resides with the parents in their separate households, equal time, the parent who applies for cash assistance for that child, first in time, shall be the eligible parent.

2.4.2Income and Resources

A.All of the income and resources of individuals required to be included in the assistance filing unit and of those whom the parent has opted to include must be considered in determining eligibility and the amount of the assistance payment.

B.A child with Retirement, Survivors, and Disability Insurance (RSDI) benefits, for example, may not be excluded from the assistance unit merely by virtue of receipt of those benefits. Moreover, if they are a member of the unit, the benefits must be counted in the eligibility determination.

2.4.3Persons Excluded from the Assistance Unit

A.Parents and siblings must be included in the assistance unit unless they are otherwise ineligible for cash assistance.

B.Individuals excluded from the assistance unit include the following categories.

1.SSI Recipients. The income and resources of an SSI recipient, including the SSI itself, are not counted as the income and resources of a cash assistance unit.

2.Non-citizens not meeting non-citizen requirements

a.An applicant or participant must be a United States citizen, or must meet the non-citizen requirements established in Pub. Law 104-193 § 402(b) of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). United States citizen is defined, and non-citizen requirements are described in detail, in § 2.5.6 of this Part.

b.Non-citizens considered ineligible solely because they do not meet non-citizen requirements are excluded. The income and resources of ineligible non-citizen family members must be counted in determining the assistance unit's eligibility and payment amount. The work expense and dependent care disregards are applied to earned income and an amount is allocated to meet the non-citizen's own needs by subtracting the cash assistance standard for a plan size excluding the non-citizen from the standard for a plan size including the non-citizen.

c.If the ineligible non-citizen who is a parent has dependents also ineligible solely because they do not meet non-citizen requirements, an amount is allocated to meet their needs, as well, by using the methodology specified above. The net income is then applied to the needs of the cash assistance unit. See § 2.17 of this Part.

3.Non-citizens Ineligible Due to Sponsorship

a.Non-citizens who are sponsored by an individual are subject to income deeming. See § 2.17.4 of this Part.

4.Parents

a.Parents and other assistance unit members ineligible either because they are statutorily barred or disqualified as a result of the imposition of a sanction for failure to cooperate(e.g., with the child support enforcement program), are excluded from receipt of income.

b.The income and resources of statutorily barred parents are counted in determining the assistance unit's eligibility and payment amount. Their income and resources are counted as outlined in § 2.15.9 of this Part.

c.The income and resources of a disqualified individual, parent, or child shall be counted in determining the assistance unit's eligibility and payment amount. None of the earned income disregards is applied, and no amount is allocated to meet the ineligible individual's own needs( See § 2.15.9 of this Part.).

d.Both statutorily barred and disqualified individuals who are eligible to work are required to cooperate with RI Works program work requirements. Parents who receive SSI and undocumented non-citizen parents are not required to enter into an employment plan, except that parents who are undocumented and apply for an extension to cash assistance for their children on the basis of hardship, are required to have employment plans that address the conditions that led to the hardship request as well as to determine whether there is a pathway to legal status.

5.Parents and Siblings with Lump Sum Income

a.Parents and other assistance unit members previously eligible but currently ineligible for cash assistance due to receipt of lump sum income are excluded. Some members of the same household, not affected by the receipt of such income, may be eligible for cash assistance (See § 2.15.6 of this Part.) The income of those members of the household ineligible due to receipt of lump sum income, insofar as the income is already allocated to meet the needs of the ineligible members, is not counted in determining the assistance unit's eligibility and payment amount.

b.However, additional income of a parent or other assistance unit member received during the period of ineligibility and not factored into the determination of that period, is counted in determining the eligibility and payment amount of a newborn or other additional member of the household for whom cash assistance is requested and for whom the parent has a support obligation.

c.Further, the resources of a parent, even though excluded from the assistance unit, are always considered available to a dependent child in the same household; thus, non-excluded resources of the parent in excess of five thousand dollars ($5,000.00) render the child ineligible for cash assistance.

d.When an excluded individual becomes eligible to receive cash assistance, e.g., a sanction is cured they must be included in the assistance unit. In order to end penalties for failure to comply with their employment plan, the individual must meet the requirements outlined in § 2.11.14 of this Part. For child support enforcement sanction cures, the individual should be included in the payment beginning on the date of compliance with the child support Department.

6.Individuals who are fleeing to avoid prosecution, custody or confinement after conviction for committing a crime or attempting to commit a crime that is a felony under the law of the place from which the individual is fleeing (or a high misdemeanor in New Jersey); or violating a condition of probation or parole imposed under Federal or State law cannot be included in the assistance unit.

a.An individual is considered to be a ‘‘fleeing’’ felon if the following criteria are met:

(1)There is a felony warrant for the individual;

(2)The individual is aware of, or reasonably expects that a warrant has or would have been issued;

(3)The individual has taken some action to avoid being arrested or jailed; and

(4)A law enforcement agency is actively seeking the individual.

2.4.4Optional Inclusion in the Assistance Unit

A.The parent(s) of an adopted child(ren) for whom the parent receives adoption subsidy payments has the option to include or exclude such child(ren) from the assistance filing unit upon application for benefits. If the parent(s) includes the child(ren) in the assistance unit, any and all income and/or resources (including any adoption subsidy payments) of the adoptive child must be used to calculate eligibility for, as well as the amount of, assistance to which the household may be entitled. Exclusion of the adopted child (and the income/resources of the adopted child) does not disqualify the parent from eligibility.

2.4.5Ineligibility of Incomplete Assistance Unit

A.Failure to include an individual required to be in the assistance unit or to provide information (e.g., failure of an ineligible non-citizen to provide income information) necessary for determining eligibility and amount of cash assistance results in ineligibility for the entire assistance unit. In either situation, the Department has insufficient information to determine the eligibility of the unit. The Department may assist the participant in obtaining information if necessary.

B.Any payment made to an ineligible assistance unit constitutes an overpayment and must be recovered.

2.4.6Parent in home who is not Providing Care

A.When the natural, or adoptive parent, or step parent is in the home, the Department presumes that the parent is functioning as the caretaker relative, i.e., the parent is providing day-to-day care and control of their minor dependent child.

B.However, this presumption may be rebutted by another adult living in the home.

C.DHS has the responsibility to make the final determination as to which adult is actually functioning as the caretaker relative.

D.If DHS determines that a parent is unable to provide day-to-day care of the child and that another relative is providing such care, the assistance unit consists of the dependent child, the adult parent (if otherwise eligible), and the relative of proper degree of relationship (see § 2.5.3 of this Part) who is providing the day-to-day care of the child. The non-parent caretaker relative is not required to be the legal guardian of the dependent child.

E.An otherwise eligible parent must continue to be included in the assistance unit even though they are not functioning as the caretaker.

F.If otherwise eligible, the needs of all three (3) persons in this situation would be included in the cash assistance payment.

G.The following guidelines are offered to assist DHS eligibility staff in making the factual determination of whether or not the parent is providing for the day-to-day care of the child. Such determinations involve two (2) steps:

1.An applicant's statement that they are actually caring for the child despite the presence of a parent in the home; and

2.Documentation to support the contention that the natural/adoptive/step parent is incapable of providing care. Acceptable forms of documentation are:

a.Evidence of physical or mental inability on the part of the parent to care for the child as supported by receipt of RSDI, SSI, Veterans Administration benefits due to total disability, Workers Compensation, or Medicaid, etc.; or

b.Evidence from another agency or department (e.g., DCYF, BHDDH, DOC, licensed mental health agency, licensed substance abuse treatment facility) or evidence from a treating physician or mental health professional, that the parent is not able to function as the caretaker; or

c.Evidence that the non-parent caretaker is providing day-to-day care such as school records or day care records which list the caretaker as the contact person; medical or dental records which indicate that the caretaker has scheduled appointments for the child; or the presence in the home of a homemaker or home health aide to care for the parent at any time during the last six (6) months; or

d.Payment to the caretaker relative of the child's other income such as child support, RSDI, SSI, etc.; or

e.Appointment of the caretaker relative as guardian, custodian, or conservator by a court of appropriate jurisdiction; or

f.Any other evidence provided by the applicant verifying that they are providing day-to-day care and control of the dependent child.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 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(furnishing Social Security Numbers); and

8.Time limit.

B.Information on the application provides the basis for the establishment of these factors. Department representatives assess the data on the application and supply 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 (18th) birthday occurs. A child between age eighteen (18) and nineteen (19) years old, in school and completing their schooling or training, as specified above, may receive a payment for the entire month in which their 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; or

m.Verifiable Third (3rd) Party source documented in the case record; including but not limited to examples 1-4 below if dated at least six (6) months prior to date of application and provided it contains evidence of age:

(1)State or Federal Census Record

(2)Life Insurance Policy

(3)School Records

(4)Physician's Records

2.The Department 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 they are 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 their 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 child between the ages of eighteen (18) and nineteen (19) is eligible if enrolled full-time in a GED program or full-time GED equivalent. The child will be considered a full-time student for cash assistance purposes until the month of graduation but not later than the month they turn nineteen (19).

3.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.

4.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 they complete or discontinue their 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 nineteenth (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.Verification is required to establish the fact that a child between eighteen (18) and nineteen (19) is enrolled full-time in a GED program or full-time GED equivalent.

2.5.3Eligibility Factor of Relationship

A.To be eligible for the RI Works program, a child must be living with a relative of an acceptable degree of relationship or legal relationship. In the case of a non-relative caretaker/guardian, a legal relationship is established through court documentation. 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 not living with a biological or adoptive parent meets this eligibility factor if their 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 adopted, 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 a half-sibling);

9.Nephew, great nephew, great-great nephew, niece, great niece, great-great niece (including nephew or niece of a half sibling); or

10.First cousin (including first cousin of a half-sibling), first cousin once removed.

B.Verification of Relationship

1.The degree of relationship between the parent or legal caretaker and the child must be established.

2.The following sources of evidence serve to substantiate a degree of relationship.

a.For parents, relationship is determined by examination of the child's birth certificate or other verifiable sources on which the parents' names are recorded.

b.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.In the case of in loco parentis, a legal relationship is established and verified through court documentation

C.Second Parent as Applicant

1.A" second parent" means a child's biological or legal second parent who was not married to the child's first parent, birth parent or legal equivalent at the time of the child's birth. This is specific to the second parent, who is legally responsible for child, but was not married to the first parent.

2.The primary sources of verification of relationship for an unwed second parent are the child's birth certificate on which the second parent’s name is recorded, or an adjudication of parentage by the R.I. Family Court or any court of competent jurisdiction. When parentage 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 parentage is required.

3.When no primary source of verification is available, the Department representative explains to the applicant that the Department of Human Services, OCSS will assist the second parent in completing a voluntary acknowledgment of parentage.

4.If all other criteria are met, the case is approved for RI Works while OCSS works with the second parent to sign an affidavit voluntarily acknowledging parentage.

5.Continued eligibility is contingent upon the second parent cooperating with OCSS and/or the R.I. Department of Health (DOH), Division of Vital Records, in establishing their parentage in accordance with applicable law. In most cases, the second parent will be required to attend a Family Court hearing to adjudicate parentage.

D.Relative of a Second Patent as Applicant

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

2.If the second parent is available and participates in the process of voluntarily acknowledging parentage, 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 second parent is not required to apply for assistance for themselves, unless they are living in the child's home and therefore is compelled to do so by the assistance unit provisions.

3.The Department representative enters absent parent information in the eligibility system for both parents as listed on the birth certificate, or all known information of the parents. This results, after approval of eligibility, in an automatic referral to OCSS for the purpose of establishing the parentage 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 Verifiable Third (3rd) Party Source

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

2.A 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.The Department 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 statement from the third (3rd) party 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 they have 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 their brothers and sisters. We went to school together. I know that the child(ren), (name(s)), was born on (date) and is their child(ren)."

5.Use of third party statements in Establishing Eligibility

a.A statement of a third (3rd) person is not typically 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. They must demonstrate good faith effort with attempts to obtain appropriate records.

b.A statement 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 RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor must be obtained before a statement 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 Department representative is responsible for confirming that the child is, in fact, meeting this requirement.

B.When there is any doubt, the Department 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 DCYF 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 their 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 Department representative must refer the case situation to the RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor for review and decision.

E.Separation as Bar to Eligibility

1.In determining whether a separation is allowable, the RI Works Administrator, Assistant Administrator or Senior Case Work 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 results from the child's attendance away at school; and

d.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 DCYF.

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.

k.Non-citizens under the Consolidated Appropriations Act of 2024, Pub. Law 118-42, in accordance with § 141 of the Compacts of Free Association (COFA).

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 persons, young 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 Person

a.A pregnant person 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 pregnant person's physician or a pregnancy test report from a hospital or other acceptable provider; and,

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

b.Payment for a pregnant person (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 second parent in the home is not eligible for inclusion in the cash payment.

c.A pregnant person can be eligible for Medicaid from date of pregnancy if they meet 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 their 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.)

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

1.An individual who is applying for benefits for family members and is not seeking benefits for themselves are not required to provide or apply for a Social Security Number if they do not have one and are not eligible to obtain one.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.6 Time Limit

A.The Rhode Island Works law (R.I. Gen. Laws Chapter 40-5.2) provides in part that all applicants and/or recipients for cash assistance shall be subject to a maximum lifetime limit of sixty (60) months of cash receipt, since May 1, 1997.

B.Exemptions to the Time Limit and Notices. R.I. Gen. Laws § 40-5.2-10 states that the Department of Human Services may extend an assistance unit’s or family’s cash assistance beyond the time limit by reason of hardship; provided, however, that the number of such families to be exempted by the Department under hardship shall not exceed twenty percent (20%) of the average monthly number of families to which assistance is provided in a fiscal year; provided, however, that to the extent permitted by Federal law, any waiver granted under R.I. Gen. Laws § 50-5.2-35, for domestic violence, shall not be counted in determining the twenty percent (20%) maximum.

C.Notice of Time Limit. Before a parent or caretaker relative reaches their time limit, notice is issued informing the individual of the action being taken in accordance with § 2.31 of this Part. The notice contains information about the time limit, the number of months the recipient has remaining, the hardship extension policy, the availability of a post-employment closure bonus and any other information pertinent to an assistance unit nearing the time limit. Recipients will start to receive notice of time limit when they have six (6) months of cash assistance remaining and each month thereafter until the sixty (60) month limit has expired. For applicants who have less than six (6) months remaining in the time limit because the family/assistance unit previously received cash assistance in Rhode Island or any other State, the Department shall notify the applicant of the number of months remaining when the application is approved and shall begin the monthly notice process as described above.

D.Counting Cash Assistance from Other States

1.Family cash assistance issued in any other State or Territory of the United States of America shall include family cash assistance funded on or after May 1, 1997, in whole or in part by Temporary Assistance for Needy Families (TANF) funds and/or family cash assistance provided under a program similar to the Rhode Island Works program.

2.Cases in which an adult was sanctioned shall be counted toward the adult's time limit. The Department shall disregard any months during which the adult had previously received cash benefits as a minor dependent child. A notice of adverse action is mailed to the family to inform them of the change in the number of months being counted toward the adult's time limit.

2.6.1Exceptions to Time Limit

A.The time limit shall not apply in the instances of (1) a minor child(ren) living with a single parent who receives SSI benefits, or with two-parents who both receive SSI benefits, and (2) a minor child(ren) living with a legally responsible non-parent caretaker relative who is not in the cash assistance payment.

2.6.2Hardship Extension to Time Limit

A.Any individual approaching either time limit, or who has met or exceeded the time limit, is notified that they may request a reassessment to determine whether or not they may meet the criteria for an extension beyond the time limit. Individuals are required to complete an application for RI Works Program Hardship Extension.

B.A parent who is either undocumented or who does not meet the non-citizen requirements required for eligibility for cash assistance under Federal PRWORA, who has received benefits for their citizen child(ren), may request a hardship extension for the child(ren) at their time limit.

C.A customer who has closed due to reaching the sixty (60) month lifetime time limit, may request to be evaluated, and may be eligible for an extension to the time limit.

2.6.3Criteria for Hardship Extension

A.A hardship extension may be granted to the parent(s) or caretaker relative if all other Rhode Island Works eligibility requirements are met, including redeterminations, and one (1) of the following criteria applies:

1.Has a documented significant physical or mental incapacity and can document a pending application for SSI or SSDI and has submitted an application for or is active and in compliance with their employment plan with the Office of Rehabilitation Services; or.

2.Is caring for a significantly disabled family member who resides in the home and requires full time care; or

3.Is homeless as defined in § 2.2 of this Part; or

4.Is unable to pursue employment because of a current, documented domestic violence situation; or

5.Is unable to work because of a critical other condition or circumstance, other than citizenship or non-citizen status, as approved by a DHS supervisor.

B.The parent or caretaker relative will be offered assistance to remove or ameliorate barriers preventing them from obtaining and maintaining employment and reducing dependence on income supports.

2.6.4Hardship Extensions and Procedures

A.DHS provides an initial hardship extension for six (6) months. Additional six (6) month hardships are available. Parents and/or relative caretakers who receive a hardship extension have the option to request early termination of benefits by contacting their DHS worker.

B.Individuals within six (6) months of applicable time limit are sent letters informing them of the time remaining and that they may request a review of their pending closure. When a request for a reassessment is received, whether by a current recipient or a re-applicant, the DHS worker must promptly determine whether or not the individual meets the criteria for an extension to the time limit. The reassessment must also determine the extent to which their ability to work is affected by the applicable criteria.

C.Any hardship extension that is granted requires an amended employment plan be signed containing steps to be taken as appropriate in order to remove/ameliorate the condition that warranted the extension. RI Works workers may utilize alternate methods to communicate with parents to review amendments and enter agreed upon amendments to move forward with the extension in the electronic case record.

D.If a requesting parent cannot have an employment plan entered into the eligibility system due to a reason for exclusion (e.g., non-citizen not meeting PRWORA requirements), a written plan is required to be developed, and to be signed by the parent stating that the parent will cooperate with services to ameliorate the condition that led to the hardship. In addition, because an undocumented non-citizen parent cannot legally work, the parent is directed to determine whether or not there is a pathway to legal status as a work activity.

E.Good cause for non-compliance with an activity in the employment plan during a hardship extension is allowed consistent with provisions established in Good Cause for Failure to Comply, § 2.11.10 of this Part. If good cause is found, the parent is allowed to continue or renew the request for hardship and must demonstrate compliance with the plan consistent with provisions established in Ending Work Penalties, § 2.11.13 of this Part.

2.6.5Required Documentation to Support Hardship Extension

A.Significant physical or mental incapacity.

1.The following must occur for approval of an initial hardship request:

a.A significant physical or mental incapacity must be documented on a current medical verification form.

b.The individual must apply for or have a pending application for SSI or SSDI.

c.The individual must be active and in compliance with their employment plan. If receiving services from the Office of Rehabilitation Services (ORS) Vocational Rehabilitation, they must be compliant with their employment plan.

d.Quarantine of the household due to illness.

e.Illness of the applicant or a family member.

2.Subsequent incremental extensions require the following:

a.Updated medical verification forms.

b.Documentation of the active status or documentation of the appeal of a denial of the SSI/SSDI application.

c.Documentation of ongoing compliance in the individual's employment plan.

d.Quarantine of the household due to illness.

e.Illness of the applicant or a family member.

B.Care for a significantly disabled family member who resides in the home and requires full-time care

1.The following must occur for approval of an initial hardship request:

a.Documentation through a descriptive statement from a Doctor of Medicine (M.D.), Psychiatrist (M.D.), Psychologist (PhD), or Doctor of Osteopathy (D.O.) that said level of care is required.

b.In addition to the full-time care of the family member, the individual's employment plan must include a requirement that the individual develop a plan for transfer of care (for the disabled family member) to enable a return to employment for the individual or other plan for support in anticipation of the end of cash assistance.

2.Subsequent incremental extensions require the following:

a.An updated medical statement

b.An updated plan for transfer of care to transition from cash assistance.

C.Homeless

1.For approval of an initial hardship request the family must provide documentation of homelessness either from a shelter or evidence as described in § 2.18.11 of this Part.

2.Requests for a subsequent incremental extension must be accompanied by the submission of a letter of support for the extension from a housing search specialist.

D.Domestic Violence

1.The following must occur for approval of an initial hardship request:

a.Documentation by a Family Violence Advocate.

b.An employment plan is developed that articulates appropriate steps to reduce the threat of violence and increase family security, including steps to prepare for employment and economic independence.

2.Requests for a subsequent incremental extension must be accompanied by the submission of a written letter supporting the extension from a community partner and/or family violence advocate who is involved with the individual.

E.Inability to work because of a critical condition or circumstance, other than citizenship or non-citizen age status, is documented as deemed appropriate by the supervisor who approves the extension.

1."Critical Condition or Circumstance" includes the inability to participate due to unforeseen events, as determined by the DHS and based on the individual's ability to participate from home. If participation is not possible, sanctions will not be imposed.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.7 Cooperation with the Office of Child Support

2.7.1Assignment of Support Rights

A.An applicant for or recipient of cash assistance for and on behalf of themselves and for and on behalf of a child(ren) or children, shall be deemed, without the necessity of signing any document other than the Application for Assistance, to have made an assignment to the Department of Human Services pursuant to R.I. Gen. Laws § 40-6-9 against any parent failing to or obligated to provide for the support and maintenance of any minor child(ren) for the period of time that assistance is being paid by the Department.

B.Additionally, the OCSS is authorized to perform the act of instituting suit to establish parentage and/or to collect support for said child(ren) who receives or received assistance from DHS. However, the OCSS will not pursue a support order against a non-custodial parent where a custodial parent or their child would be put at risk of physical or emotional harm.

2.7.2Referral to the Office of Child Support Services (OCSS)

A.The DHS representative automatically refers the applicant's case to OCSS electronically after approval of eligibility. If a good cause to not pursue child support has been determined, the DHS representative correctly codes the electronic case record.

B.In the case of a minor head of household who is not living with their parents, a referral to the OCSS is required for both the teen parent and any other child(ren) in the household.

2.7.3Cooperation in Obtaining Support

A.An explanation must be given by the Department representative that a parent or caretaker relative must assist DHS and OCSS by providing all relevant information in seeking support from a person who has a legal duty to support the child(ren) and/or in establishing parentage and seeking support from the non-custodial parent unless good cause for refusing to do so is determined to exist. The Notice of Requirement to Cooperate and the Right to Claim Good Cause for Refusal to Cooperate in Child Support Enforcement, a copy of which is included in the intake package, is reviewed with the applicant who is requested to sign a copy for the case record. See Child Support Rules and Regulations (Part 30-00-1 of this Title) for further discussion on child support processing for active RI Works families

B.An applicant or recipient must cooperate with the Department for each child for whom assistance is applied or received (unless good cause for not pursuing child support has been determined to exist) in:

1.Identifying and locating the parent of a child for whom assistance is claimed;

2.Establishing the parentage of a child born out of wedlock for whom assistance is claimed;

3.Obtaining support payments for the applicant or recipient and for a child for whom assistance is claimed; and

4.Obtaining any other payments or property due the applicant or recipient or the child from an absent parent.

5.In the case of a minor head of household, a referral to the OCSS is required for both the teen parent and any other child(ren) in the household.

C.To cooperate in achieving the above objectives, at the request of DHS or OCSS, the applicant or recipient must:

1.Provide verbal, written, or documentary evidence, known to, possessed by, or reasonably obtainable by them.

2.Appear as a witness at court or other hearings or proceedings, as necessary.

3.Provide information, or attest to the lack of information, under penalty of perjury.

4.Forward to the Department any support payments received from the absent parent which are covered by the assignment.

2.7.4Good Cause for Not Pursuing Child Support

A.Every applicant or recipient is given an opportunity to claim good cause for not pursuing child support. A Notice of Requirement to Cooperate and the Right to Claim Good Cause for Refusal to Cooperate in Child Support Enforcement for not pursuing child support is read by the applicant/recipient, explained by the Department representative and signed and dated, in duplicate, by each. The applicant/recipient retains a copy. The second (2nd) copy is filed in the case record. Signatures can be captured telephonically.

B.Good cause applies only to child support. The eligibility requirement regarding assignment is not affected by a good cause determination. If good cause is claimed, the applicant/recipient is advised that they must state the basis of the claim and present corroborative evidence within twenty (20) days of the claim; or they must provide sufficient information to enable the investigation of the existence of the circumstance; or, provide sworn statements from individuals to support the claim as specified on the Notice of Requirement to Cooperate and the Right to Claim Good Cause for Refusal to Cooperate in Child Support Enforcement.

C.A determination of good cause is based on the evidence supplied which establishes the claim; or an investigation by the Department of the circumstance which confirms the claim; or a combination of evidence and investigation; or, when the claim is one of anticipated physical harm without evidence, the investigation supports the credibility of the claimant. The determination as to whether good cause does or does not exist should be made within thirty (30) days of the good cause claim unless the record documents that the Department needs additional time because the information required to verify the claim cannot be obtained within the time standard.

D.If the reason that the information is not available is that the customer did not present the corroborative evidence within twenty (20) days of the claim, the record must document that the Department determined that the applicant/recipient required additional time to obtain the evidence, the amount of additional time allowed, and that this decision had supervisory approval. The final determination that good cause does or does not exist, including the findings and basis for the decision, must be included in the electronic case record.

E.The DHS representative will obtain verification and/or conduct an investigation in order to make the determination. If sufficient information to conduct an investigation is provided, an otherwise eligible individual is provided assistance (or assistance is continued) pending the final determination on the good cause claim.

2.7.5When Cooperation is not in Best Interest

A.Cooperation is determined to be against the best interest of the child, if:

1.The individual's cooperation is reasonably anticipated to result in physical or emotional harm to the child, custodial parent, or other relative with whom the child is living. (Physical or emotional harm must be determined to be of a genuine and serious nature. The mere belief that cooperation would result in harm is not sufficient basis for a finding of good cause. The emotional harm to the custodial parent must be of such a serious nature that the capacity to care for the child adequately would be reduced.); or

2.It would be harmful to the child for whom support would be sought because the child was conceived as a result of incest or forcible rape; or

3.Legal proceedings for adoption of the child are pending before a court of competent jurisdiction; or

4.The individual is currently being assisted by a public or licensed private social Department to resolve the issue of whether to maintain custody of the child or release them for adoption and the discussions have not gone on for more than three (3) months; or

5.There is anticipated physical harm to the parent without corroborative evidence.

2.7.6Corroborative Evidence for Good Cause

A.Corroborative evidence upon which a determination of good cause is based without further Department investigation is limited to documents similar to the following which must be presented within twenty (20) days of the claim:

1.Birth certificates, medical, or law enforcement records which indicate that the child was conceived as a result of incest or forcible rape.

2.Court documents or other records which indicate that legal proceedings for adoption are pending before a court of competent jurisdiction.

3.Court, medical, criminal, child protective services, social services, psychological, or law enforcement records which indicate that the non-custodial or absent parent might inflict physical or emotional harm on the child or caretaker relative.

4.Medical records which indicate emotional health history and present emotional health status of the caretaker relative (parent or loco parentis) or the child for whom support is sought or, written statements from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the caretaker relative or the child for whom support is sought.

5.A written statement from a public or licensed private social agency indicating that the individual is being assisted by the agency to resolve the issue of whether to maintain custody of the child or release them for adoption, and the discussions have not gone on for more than three (3) months.

B.If the evidence is insufficient, the DHS representative will promptly notify the applicant/recipient that additional corroborative evidence is needed and specify the type of document needed. The DHS representative will assist in obtaining the needed evidence if requested to do so by the individual. If requested, the DHS staff will undertake reasonable efforts to obtain the evidence, if they are not reasonably able to obtain it by themselves

C.When sufficient information to permit an investigation is provided, or when the claim is one of anticipated physical harm without corroborative evidence and the DHS representative considers the claim credible and corroborative evidence is not available, the DHS representative will request an investigation. In conducting the investigation, the DHS Family Violence Options Advocacy Program (FVOAP) vendor will not contact the absent parent or non-custodial parent unless such contact is determined to be necessary to establish the claim. Prior to making any contact, the applicant or recipient will be notified in order for them to present additional evidence or information that the contact is unnecessary or they can withdraw the application, or the good cause claim can be denied.

D.Based on the evidence or the results of the investigation, the DHS representative decides on the applicant/recipient's good cause claim as described in § 2.7.7 of this Part.

E.Emotional and Physical Harm Defined

1.Physical harm and emotional harm, as defined, must be of a serious nature. It must be demonstrated to the DHS representative that there exists an emotional impairment that substantially affects the individual's functioning for a finding of good cause for emotional harm to be made.

2.If a determination is based in whole or in part upon the anticipation of emotional harm to the child, parent, or other caretaker relative, consideration is given to the following:

a.The present emotional state of the individual subject to emotional harm;

b.The emotional health history of the individual;

c.Intensity and probable duration of the emotional upset;

d.Degree of cooperation to be required; and the extent of involvement of the child in parentage establishment or support enforcement activity to be undertaken.

3.The DHS representative can find good cause based on anticipated physical harm without corroborative evidence if the Department considers the claim credible without corroborative evidence and if such corroborative evidence is not available.

4.In this case, the claimant has the burden of establishing their credibility as well as explaining why no evidence is available.

5.The Department is required to investigate this type of claim and while it may not establish the good cause circumstance, it should establish the credibility of the claimant.

2.7.7Good Cause Decision

A.After the DHS representative has determined that good cause exists, and the case has been referred to DHS-OCSS, the OCSS representative evaluates the evidence and information in the electronic case record. The OCSS representative decides whether support enforcement activity can be conducted without risk of harm to the child or caretaker relative if taken without the caretaker's cooperation.

B.Review of Good Cause Finding

1.A review of the good cause decision must be made at each redetermination by the DHS representative. If it is determined that circumstances have changed such that good cause no longer exists, there must be enforcement of the cooperation requirements.

2.The failure of a parent or caretaker relative to comply with child support enforcement cooperation requirements without good cause results in the imposition of a sanction as outlined in § 2.7.8 of this Part. OCSS notifies the DHS representative of any failure to cooperate with that Department and the DHS representative must take the necessary action on the case.

2.7.8Consequences of Non-Cooperation with OCSS

A.The failure of a parent or caretaker relative to cooperate with OCSS in establishing parentage or in establishing, modifying, or enforcing a support order with respect to a child and failure to qualify for good cause results in the imposition of a financial sanction.

B.The financial sanction is equal to a twenty-five percent (25%) reduction of the entire assistance unit's standard of assistance before the application of any income disregards. The sanction renders the noncompliant parent or caretaker relative ineligible for cash assistance. However, the noncompliant parent or caretaker relative will still be required to cooperate with, and participate in, employment plan opportunities.

C.The OCSS notifies the RI Works Program representative of the failure to cooperate, and the RI Works Program representative must take the necessary action on the case.

D.If a case is approved or reopened with an individual in sanctioned status, the reduction in assistance shall continue until the sanction is cured.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.8 Communication between RI Works and OCSS Staff

A.The RI Works and the OCSS staff will notify each other of information pertaining to the custodial parent, the non-custodial parent, and the child support/RI Works case. Contact will occur between the agents when:

1.The custodial parent fails to cooperate with the OCSS;

2.The custodial parent claims good cause;

3.The custodial parent is found to be living at an address that is different from the address at which they receive assistance;

4.Parentage is established;

5.Employment changes; and/or

6.The non-custodial parent is found to be living with the applicant/recipient.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.9 Third-Party Liability

A.A third (3rd) party is a collateral source which may be liable for an accident, injury, or illness of applicants/recipients. When an applicant needs and accepts a cash payment during the period in which a claim for payment from a collateral source is pending, the applicant is advised that repayment for funds financed by the State to the applicant is required by R.I. Gen. Laws § 40-6-9, as amended, if the applicant is subsequently found eligible for monies from the collateral source.

B.When the applicant signs the application for assistance, they assign all rights to the Department of Human Services (DHS) for and on behalf of themselves and any person for whom the individual may legally act for amounts recoverable from a third (3rd) party equal to the amount of financial assistance and medical assistance provided as a result of the accident, illness, or injury.

2.9.1Third-Party Payments

A.Potentially liable third (3rd) parties include but are not limited to insurance companies liable for Worker's Compensation and/or other types of insurance. RSDI benefits are not subject to reimbursement. Generally, these payments are retroactive payments and cover a period of time cash assistance had to be paid because the income from the collateral source was not available.

B.Funds subject to such assignment are all cash assistance payments provided to such applicant and any family members included in the applicant's cash assistance payment and all Title XIX payments which are related to the accident, injury, or illness for which the third (3rd) party may be liable.

C.All pertinent information concerning a potential third-party resource is contained in the application and will be referred by the third-party liability unit or its equivalent.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.10 RI Works Program Opportunities

A.A nonexempt RI Works Program participant who fails without good cause to participate in an assigned work activity component or otherwise refuses without good cause to comply with their employment plan or with any other work opportunity, including but not limited to attendance at DHS or vendor appointments such as initial interview, orientation, all assessments including behavioral health, job readiness, job search, education or vocational training, is subject to sanction and possible closure as described in § 2.11.9 of this Part. In the case of a hardship extension, failure to comply with the employment plan without good cause results in the case closure – the three (3) month sanction period does not apply.

B.A participant, including a parent or non-parent caretaker relative included in the cash assistance payment, shall not voluntarily quit employment or refuse employment, unless there is good cause as defined in § 2.11.10 of this Part. A participant who voluntarily quits including being terminated from employment, or refuses employment without good cause while receiving cash assistance shall be sanctioned, and potentially terminated from the RI Works Program.

2.10.1Assessment

A.The assessment of family circumstances and employability for applicants and recipients is conducted by DHS workers during the initial interview or screening.

B.At the beginning of the assessment process, the Information on the Family Violence Option (Form WVR-1a) is given to the applicant along with a brief summary to ensure an understanding of its contents. Every recipient must be informed that they may be excused from certain RI Works requirements under the Family Violence Option if meeting these requirements puts the recipient or their children at risk of domestic violence, and that they may claim the Family Violence Option at any time. The procedures to be followed after an applicant claims this option or discloses abuse are specified in § 2.13 of this Part.

C.The assessment process begins with the DHS worker using the Family Needs Assessment to collect information about the participant's past educational, training, and employment history as well as the physical and behavioral health of the participant and their family. These and other factors provide a customer profile which the Department representative evaluates. Assessment information is then entered into the eligibility system. This collection of data is appraised to identify the individual's strengths and barriers in relation to the individual's readiness for employment.

D.Assessment Requirements

1.The assessment interview must cover all areas relating to the applicant's and the entire family's circumstances, including, but not limited to the following:

a.Housing needs;

b.Utility payments;

c.Food security and nutrition;

d.Physical and behavioral health (including special issues affecting the well-being of the family such as an incapacity of a family member, substance abuse, mental illness and domestic violence);

e.Transportation issues;

f.Child issues;

g.Education history;

h.Employment history;

i.Known, observed or suspected disabilities, including but not limited to physical, behavioral and learning disabilities;

j.Level of crisis; and

k.Academic testing, when referred by the DHS to a selected vendor.

2.Specific assessment information needed includes:

a.The individual's ability to speak English, or the individual's primary language;

b.Marital status;

c.Military veteran status;

d.Employment status; and

e.Last grade of school completed, as well as each adult household member's school attended.

3.As appropriate, the following information will also be collected:

a.Current physical and behavioral health problems;

b.Names of educational facilities attended by the participant(s);

c.Program/course titles and completion dates;

d.Names and addresses of the participant's previous employers, job titles, and hire and end dates.

4.The DHS worker must also assess the financial conditions of the family and, when appropriate, develop a financial plan. See § 2.10.2 of this Part pertaining to the financial plan.

5.As appropriate, the DHS worker discusses the various special requirements for minor parents, young parents, pregnant minors, and for adolescent parents who do not have their high school diploma or its equivalent and who are not attending school, such as the requirement for participation in an educational program leading to such diploma, as well as other RI Works requirements. The initial assessment interview of pregnant minors and minor teen parents is conducted by the appropriate TFD Program.

6.For all adult parents, the RI Works worker informs them of the work activities, supportive services, required assessments (based on collected information, case history and staff observation) and vocational training opportunities available, as well as the time limit on the receipt of RI Works cash assistance.

7.The RI Works worker reviews the RI Works Program information by outlining the sequence of the eligibility process and other compliance matters, activity requirements and opportunities, the participant's and the Department's responsibilities, and the consequences if the individual fails to comply with program requirements.

8.A summary of the assessment interview with the participant and any appropriate information must be entered in the electronic case record.

9.An assessment includes three (3) categories: Family Needs Assessment, Education and Employment Assessment, and Academic and/or Vocational Testing.

10.An assessment is completed for all RI Works Program applicants and as appropriate, recipients. Individuals undergo academic and/or vocational testing (administered by the vendor the individual is referred to) for employment planning and for specific activities (e.g., Adult Education, Skills Training and Post-Secondary Education).

11.Test results are entered into the electronic case record, discussed with the applicant, and evaluated in consideration of their previous education, training, and employment history. The evaluation can determine if the employment goal or activity should be modified. A summary of each contact with the participant and any appropriate information is recorded in the electronic case record of the eligibility system.

12.The assessment is developed to identify actionable steps and interventions added to the employment plan to achieve goals (i.e. employment, education, SSI/SSDI, access to mental health services, improved physical health, etc.). External evaluations/assessments may be required by the vendor or DHS to collect additional information used to serve the customer and family. This is especially helpful in supporting customers who have not been successful with previous employment plan interventions and those who are experiencing hardship. DHS/Vendor referrals for external evaluations/assessments will be identified as part of the employment plan.

2.10.2Financial Plan

A.When appropriate, financial plans shall identify all available sources of income and all benefits and services available to the family from the State, local or Federal government, as well as social service agencies. Financial literacy training and financial planning are provided to program recipients at all Rhode Island Works vendors.

B.Sources of income may include: earnings from employment, including self-employment, the earned income tax credit or the earned income tax rebate, advance payment of the earned income tax credit, social security, unemployment compensation, temporary disability insurance, supplemental security income assistance, and payment of support obligations by noncustodial parents.

C.Benefits may include: food assistance, medical assistance, child care assistance, school lunch, housing assistance, home heating assistance, as well as cash assistance under the RI Works program.

D.The plan shall, upon the family's request, include an annual and monthly cash family budget detailing expenditures (required and possible in the view of these available resources) for food, clothing, shelter, utilities, work expenses (including child care and transportation), health care, personal care, and household supplies.

2.10.3Employment Plan as Condition of Eligibility

A.As a condition of eligibility for RI Works cash assistance, the applicant/recipient must complete, sign and, unless otherwise exempt from the work participation opportunities as defined in § 2.11 of this Part, participate in a preliminary RI Works employment plan which may be followed by a revised, competency test informed, employment plan within the first thirty (30) days of program participation.

B.With the information gathered during the assessment interview, the preliminary RI Works Employment Plan is jointly developed by the applicant and the RI Works worker, taking into account:

1.All barriers to stability including but not limited to the physical capacity, skills, education, work experience, health, safety and family responsibilities and place of residence of the individual;

2.The child care and supportive services required by the applicant to avail --themselves of employment opportunities and/or work readiness programs.

C.In developing the employment plan, the parent(s) shall be informed of their options, including attending education and/or training as needed to improve their employability. Parents must make decisions about the nature of the activities that they will engage in based on assessment and their awareness of the sixty (60) month time limit constraints of receipt of RI Works.

D.If during assessment, the participant reports that s/he has a medical impairment(s), the worker may utilize a release of information for medical or non-medical to obtain existing information important for employment planning. Information provided is reviewed to determine if there are any medical limitations to participation in employment activities. Limitations are considered in selecting the goals and activities that may be modified in the employment plan.

E.The participant also must be provided with information regarding the availability of supportive services, such as childcare assistance and/or transportation assistance. The worker authorizes the DHS services needed to participate, provides referral to community agencies that will assist the customer, and informs the participant that services must be arranged prior to engagement in any plan activity. Refer to § 2.3.2 of this Part for further information on this requirement. If the parent encounters difficulty in arranging child care or transportation after good faith effort, the parent must discuss the situation with the worker.

F.The parent is advised of their responsibility to report within ten (10) days of any change in the family's circumstances as outlined in § 2.21.2(B) of this Part. The family must also report immediately (within five (5) days) when a child leaves the household for any reason. Whenever an employment plan contains an education or training component, the worker must explain the attendance requirements to the parent and the concept of "successful participation". Attendance of all the scheduled hours is required. Successful participation in an education or training activity means that the parent is meeting a consistent standard of progress toward the completion of the education or training activity. This standard must include a quantitative measure of progress such as a grade point average, and a qualitative measure such as a reasonable time limit for completion of an education or training program (See § 2.11.10 of this Part.)

G.The revised plan outlines a systematic process to be followed by the individual in order to attain specific goals within the shortest practicable timeframe. Applicants and participants of the RI Works Program shall agree to comply with the terms of the individual employment plan, and shall cooperate fully with the steps established in the individual employment plan within the time frame agreed upon with the DHS worker.

H.In order for an employment activity to be approved, the total scheduled hours of the component(s) must match the required hours as described in §§ 2.11.2 and 2.11.3 of this Part. A reduced hours plan is allowable if either supported by medical evidence or necessitated by the Fair Labor Standards Act (FLSA) (29 U.S.C. §§ 201-219), as it applies to unpaid work experience or community service.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.11 Work Policy and Procedures

2.11.1Required Participation in Work Activities and Opportunities

A.All parents, and caretaker relatives (including those who are acting in loco parentis (e.g., kinship caretakers), 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. A participant who successfully completes their first (1st) 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.Adult education in an intensive work readiness program up to thirty (30) hours per week, regardless of the age of the youngest child;

a.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.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 post-secondary school or in a course of study leading to a credential countable for post-secondary.

4.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.

D.Other Required Work Activities:

1.Through supportive services,

a.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.

b.Attending treatment for behavioral health conditions may be substituted for meeting an equivalent number of required hours, so long as the activities are documented on the employment plan.

c.An estimate of an equivalent number of required hours to address barriers such as resolving housing instability or immigration issues, so long as the activities are documented on the employment plan.

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.

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 they are:

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 young 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;

e.A pregnant applicant or who is a recipient of assistance and who has medical documentation that they cannot work.

f.Customers and their families who are experiencing housing insecurity or homelessness;

g.Customers and their families who are engaged in substance abuse treatment; and

h.Customers and their families who are engaged in mental health counseling or on a waitlist for mental health counseling.

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 of active education if funded with TANF or RI Works funds. However, 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 post-secondary school or in a course of study leading to a credential countable for post-secondary. 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.Through supportive services, 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

A.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 young 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 Boards or the Office of Rehabilitation Services.

D.Work Supplementation (WSUP)

1.A 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. An individual receives their 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 individual. 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 OCSS, 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 they 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. The activity may be seeking and receiving behavioral health services and treatment as approved by qualified personnel such as those authorized to complete medical verification forms. 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 they 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 their 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 their family are in a homeless shelter with a structured program and formal set of services, they 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 their 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 Work Experience 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, they continue 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 Department. 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, funded under the 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 RI Works 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.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 customer 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).

12.As component one for supportive services including but not limited to behavioral health treatment.

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 their employment plan; the service(s) is specified in the plan's supportive services section.

1.Transportation

a.RI Works 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 participated in 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 Department representative and issued through the eligibility system.

e.Attendance reports must be submitted by the component provider through the EARR system. 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 their employment plan, they 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 their education or training program.

2.With the exception of providers of postsecondary component activities, the Department 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 their employment plan when it is developed.

3.The Department 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 they attend the approved employment plan component activity for all scheduled hours, considering excused absence and good cause documentation. This includes services and treatment for behavioral health.

D.Activity Closure

1.When an activity is about to end or the Department 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.

2.11.9Failure to Comply with Work Activities and Opportunities

A.The reduction in cash assistance to which an otherwise eligible family/assistance unit is entitled under this Chapter, shall be reduced whenever 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 assessment; or

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

B.If the family's benefit has been reduced, the reduction in cash assistance pursuant to § 2.11.11 of this Part. 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 their existing individual employment 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.Up to ten (10) days following a notice of adverse action to reduce or terminate benefits under this Subsection, the customer 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.

E.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.

F.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. § 601 et 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 for the adult recipient who failed to comply. A second parent, if present, and the child or children are eligible for cash assistance if all other criteria are met.

2.11.10Good Cause for Not Pursing Program Requirements

A.Good Cause for not pursing 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 not pursing any program requirement 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, they shall be required to continue to participate in the component/activity, until they establish good cause or are 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 decision to not pursue program requirements contained in their employment plan.

1.Child care is necessary for the parent(s) to participate in employment plan activity and the Department 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. When a participant refuses without good cause to accept other available means of transportation, thereby precluding participation in work or training, there is an assumed refusal to comply.

F.The preceding list of reasons is not all-inclusive. If the participant claims some other grounds for their 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.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 their individual employment plan, as required under §§ 2.11.2, 2.11.3 and § 2.6.4 of this Part, or other program requirements.

B.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).

C.When a second (2nd) parent enters or returns to the household, the employment plan(s) 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.

D.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.

E.When a sanctioned parent moves from one household to another, the sanction is imposed on the new household.

F.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 their plan or other program requirements.

G.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.

H.When an individual is penalized but subsequently meets with the worker to identify the reasons for non-compliance, establishes good cause, and seeks to resolve any issues that have prevented them from complying with the employment plan requirements, the good cause will be documented and benefits will be 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, they 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 their 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 Department 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 Department representative – acceptance of this employment, if still available to the individual, or 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 Department representative. In order to demonstrate that their failure to comply has ceased, an individual must participate in the previously assigned activity or an alternate assignment by the Department 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 they began to participate two (2) weeks earlier. If no such activity is available within thirty (30) days, the sanction will end on the day they agree 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 their 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 their 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.

2.11.14Work Closure

A.When a case closes, DHS will notify the household and will evaluate their eligibility of post program benefits.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 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, and the Rhode Island Works Program Act, require that a pregnant minor or a minor parent with a dependent child(ren) in their 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 their 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 Department 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 a child; or

b.A family consisting of a person 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 that of their child) is determined by the DCYF to be jeopardized if they were required to live in the same residence as their parent, legal guardian, or other adult relative. Refusal of a parent, legal guardian, or other adult relative to allow the minor parent and their child, or a pregnant minor, to live in their home shall constitute a rebuttable presumption that the minor parent's health or safety would be so jeopardized; or

c.Has lived apart from their 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 Department 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 electronic 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" should 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 their 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 their child in jeopardy, they 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 their child is in jeopardy due to domestic violence, after the mandatory report to DCYF, they 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 their child leaves 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.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.13 Domestic Violence Waiver Process

A.If an applicant/recipient discloses a Domestic Violence situation to DHS staff, the Department representative refers the applicant/recipient to the domestic violence advocate who is on-call. The domestic violence advocate conducts the Family Violence Option Assessment as soon as is practicable.

B.If the applicant/recipient involved is a minor parent/pregnant minor, an immediate report at the time of disclosure must be made to DCYF by calling the Child Protective Services Hotline at 1-800-RI-CHILD as well as referral made to the domestic violence advocate. If such disclosure is made by a minor parent/pregnant minor to the TFD Program worker they may elect to conduct the Family Violence Option Assessment alone, refer the parent to the domestic violence advocate for assessment, or collaborate with the domestic violence advocate in the assessment process as necessary.

C.If the applicant/recipient refuses referral to the domestic violence advocate, eligibility for RI Works is not affected. However, if the individual requests domestic violence waivers, they cannot be granted unless the Family Violence Option Assessment is completed by the domestic violence advocate (or TFD Program representative, as appropriate) with those waivers recommended and approved.

D.From the Family Violence Option Assessment, the domestic violence advocate determines any findings on waivers: whether the individual should be waived from the residency requirements, and/or child support cooperation requirements, and/or RI Works work plan and opportunities and forwards the Findings on the Recommended Waivers portion of the Assessment (Form WVR-2) regarding which waivers, if any, the applicant/recipient should be granted to the Senior Case Work Supervisor if it involves residency and/or child support cooperation, as well as a copy to the appropriate RI Works contractor if it involves RI Works employment plans.

E.The appropriate Senior Case Work Supervisor reviews all such recommendations and makes the final determination of any such waiver(s). The RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor are available for consultation in these situations as needed. The Department representative then processes the waiver(s) as appropriate and notifies the applicant/recipient.

F.In the case of an adolescent pregnant/parenting minor, if a TFD Program worker did not conduct or collaborate in the Family Violence Option Assessment, a copy of the final Findings document is forwarded to the appropriate TFD Program representative.

G.For adolescent pregnant/parenting minors, after the Family Violence Option Assessment, the TFD case manager must ensure that safety planning, crisis counseling, appropriate referrals, and follow-up services are provided. The TFD Program representative may choose to do this her or himself or collaborate with the domestic violence advocate, as necessary.

H.For all other individuals who disclose domestic violence, the domestic violence advocate is responsible for safety planning, resource information, and follow-up for the applicant/recipient.

I.The domestic violence advocate must review the suitability of any or all waivers at the end of the specified waiver period(s), or earlier if the recipient's circumstances change. The maximum time period for the granting of a waiver is six (6) months. After notification from DHS that the waiver period is about to expire, the Domestic Violence advocate (for teen parents, and/or TFD Program representative) completes a Family Violence Option Re-Assessment (Form WVR-2a) of the individual's circumstances and notifies the appropriate Senior Case Work Supervisor(s) of the recommendation for extension or discontinuance of any waiver(s) and/or change(s) in status through a new Findings document. The Department representative then follows up on the recommendation(s) as appropriate and notifies the recipient.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.14 Resources

2.14.1Non-Exempt Resources

A.No family shall be eligible for cash assistance if the combined value of its available resources (reduced by any obligations or debts with respect to such resources) exceed five thousand dollars ($5,000.00). Eligibility is denied or terminated if the value of available non-exempt resources exceeds the five thousand dollar ($5,000.00) limit.

B.Verification of resources – Verification will continue to be required for all resources in excess of three thousand dollars ($3,000.00) up to the resource limit of five thousand dollars ($5,000.00). The DHS will accept the household’s self-attestation of resources less than three thousand dollars ($3,000.00) unless the information provided appears to be questionable or contradictory to prior statements made by the household, or if information on the application is inconsistent with the statements made by the applicant/recipient.

C.Resources are considered available both when actually available and when the applicant/recipient has a legal interest in a liquidated sum and has the legal ability to make such sum available for support and maintenance.

1.However, in the event of joint ownership of an asset, there is an opportunity to rebut the presumption of ownership of the resource. (Refer to 210-RICR-40-00-3). The RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor is consulted when there is a question of ownership of resources that cannot be otherwise resolved.

D.The applicant's resources include those of the spouse in the home (with the exception of persons applying in loco parentis and not applying for assistance for their own needs). A child's resources include their own and those of the eligible or ineligible parent(s) and stepparent with whom they are living.

E.The sponsored non-citizen's resources include the deemed resources of the sponsor and sponsor's spouse (see § 2.17.2 of this Part). However, in a joint RI Works program/SSI household, the resources which are solely the SSI recipient's resources are not counted for RI Works purposes.

F.The information the individual supplies on the Application for Assistance, both at application and redetermination about his/her current or terminated resources, is documented through bank books, property records, and other similar documentary sources.

G.The Department representative must advise the recipient to inform the Department of any changes in their resources that may affect their eligibility. Such changes are noted in the electronic case record.

H.Trusts

1.Any funds in a trust, and the income produced by that trust to the extent it is not available to the assistance unit, shall be considered inaccessible to the assistance unit if all of the conditions listed below are met by the trust arrangement.

a.No assistance unit member has the power to revoke the trust arrangement or change the name of the beneficiary.

b.The trustee administering the trust is either

(1)A court or an institution, corporation, or organization that is not under the direction or ownership of any assistance unit member; or

(2)An individual appointed by the court who has court imposed limitations placed on their use of the funds; or

(3)An individual whose responsibilities are governed by the terms of the irrevocable trust, and who is furthermore not under the direction or control of any assistance unit member(s) in any way.

c.Trust investments made on behalf of the trust do not directly involve or assist any business or corporation under the control, direction, or influence of an assistance unit member.

d.The Department may request that the trustee execute a statement that they are not under the direction or control of any member(s) of the assistance unit.

2.14.2Excluded Resources

A.The amount of real and personal property that can be retained by each assistance unit may not be in excess of five thousand ($5,000.00) dollars equity value excluding the resources detailed in § 2.14.2 of this Part.

B.Real Property that is the Home

1.Real property that is excluded includes:

a.The home owned and occupied by a child, parent, relative or other individual. The home exclusion applies to any land that appertains to the home and any other buildings located on such land, for example, a barn or a shed. To appertain to the home, the real property must adjoin the plot on which the home is located and not be separated from it by intervening real property owned by others.

b.Property owned by a husband and wife if the deed indicates the property is held by them as tenants by the entirety and if the property is not the home of the assistance unit (as defined above) and if the spouse of the applicant/recipient refuses to sell their interest in the property. To ascertain if these conditions are met, the DHS worker must verify, by examination of the deed, that the parties own the property as tenants by the entirety and determine if the parties are still married because a divorce (but not a legal separation) automatically dissolves a tenancy by the entirety. If the three (3) conditions specified above appear to be met, the Department representative must refer the case, through the RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor, to the Department's Office of Legal Services for a determination of the property's excludability. The referral should include copies of the deed to the property and any other relevant documents.

C.Real Property other than the Home

1.In addition to the exclusion of the home in which the assistance unit is living, and property that is excludable as specified in § 2.14.2 of this Part, real property that is excludable is subject to the following provisions:

a.The family must make a good faith effort to sell the property, generally by listing it with a licensed realtor. The realtor must indicate in a signed statement that the asking price is consistent with the property's current Fair Market Value (FMV). If the family chooses to sell the property independently, they must demonstrate a good faith effort, for example, by adequate advertising of the property for sale. Any method of disposal other than listing with a realtor is subject to review and approval by the RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor before it can be excluded.

(1)The status of said property and the family's good faith effort to sell it must be reviewed on a quarterly basis.

b.Any aid payable to the family for any such period shall be conditioned upon such disposal within six (6) months of the date of application and any payments of such aid for that period shall be considered overpayments to the extent that they would not have occurred at the beginning of the period for which such payments were made. All overpayments are debts subject to recovery in accordance with § 2.19.1 of this Part. Any month for which there is no net payment will not count toward the time limit.

c.The family must notify the Department upon executing a purchase and sale agreement, a copy of which is submitted to the DHS worker. Further, within five (5) days of the closing, the family must provide the DHS worker with a copy of the closing or settlement sheet.

d.The amount of assistance to be repaid cannot exceed the net proceeds from the sale. After ascertaining the amount of cash and medical assistance expended and the net proceeds from the sale, the DHS worker, in consultation with the supervisor and, as needed, the RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor determines the amount of the overpayment, if any, to be repaid and whether continuing eligibility exists.

e.If repayment is necessary, guidance for transmission will be found in a DHS procedural transmittal.

f.If the net proceeds from the sale of the property, together with all other resources at the beginning of the disposal period, are within the allowable resource limit, no repayment is warranted.

D.Other Income-Producing Property

1.Income-producing property other than real estate is excluded.

2.Examples include but are not limited to equipment such as farm tools, carpenter's tools, and vehicles used in the production of goods and services necessary for the family to earn a living.

3.If the property has been used by the applicant/recipient to generate income and the reasonable expectation exists that it will be used for that purpose in the foreseeable future, the property is not subject to the five thousand dollars ($5,000.00) resource limitation.

E.Factors Determining Exclusion

1.In making the determination that income-producing property is excluded, the Department representative evaluates such factors as:

a.The customer’s present or future capacity to utilize the property to become self-supporting;

b.The suitability of the property to serve as one of the means to this goal; and

c.The length of time expected to elapse before the property might be put to use in the individual's employment plan.

2.The RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor is consulted when there is a question of whether such property should be excluded.

F.Income-Producing and Other Vehicles

1.The following shall not be counted as resources of the family:

a.One vehicle for each adult household member but not to exceed two (2) vehicles per household, and

b.The value of vehicles used primarily for income-producing purposes is excluded. Such vehicles include but are not limited to:

(1)A taxi, truck, or fishing boat;

(2)A vehicle which annually produces income consistent with its fair market value, even if only used on a seasonal basis;

(3)A vehicle necessary to transport a family member with a physical disability where the vehicle is specially equipped to meet the specific needs of the person with a disability or if the vehicle is a special type of vehicle that makes it possible to transport the person with a disability; and

(4)A vehicle used as a family's home.

G.Exclusion of Household Furnishings

1.Household furnishings and appliances, clothing, personal effects, and keepsakes of limited value are excluded.

H.Exclusion of Burial Plot

1.One (1) burial plot or space for each member of the assistance unit is excluded. A burial space is any conventional gravesite, crypt, mausoleum, urn, or other repository customarily used for the remains of a deceased person.

I.Exclusion of Funeral Agreement

1.A bona fide funeral agreement, not to exceed one thousand dollars ($1,000.00) of equity value for each member of the assistance unit, is excluded. A bona fide or good faith funeral agreement is a cash resource reserved authentically and solely to meet the funeral expenses of the beneficiary. It must not constitute a mere shelter for funds that would otherwise count toward the five thousand dollars ($5,000.00) resource limit.

2.Evidence that funds in a purported funeral agreement are being tapped for other than their avowed purpose is a contraindication that the agreement is bona fide. Every funeral agreement must be submitted to and, if appropriate, approved by the RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor before it can be excluded as a resource. Further, at each recertification, the DHS worker must review each excluded funeral agreement. Any new, significant information bearing on the agreement is submitted to the RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor for evaluation and determination of its continued excludability.

J.Resources Excluded by Law

1.Resources excluded by law in determining need and the amount of assistance include:

a.For twelve (12) months from the date of the receipt of the refund:

(1)Any portion of the refund of Federal income taxes, made to the family by reason of 26 U.S.C. § 32 of the Internal Revenue Code relating to the earned income tax credit or earned income tax rebate, and any advance payment of such earned income credit made to such family by an employer;

b.The resources of any family member receiving SSI;

c.Funds awarded under 20 C.F.R. § 416.1234 to the Red Lake Bank of Chippewa Indians.

d.Funds awarded under 20 C.F.R. § 416.1234 to the Assiniboine Tribe of the Fort Belknap Indian Community, and the Assiniboine Tribe of the Fort Belknap Indian Reservation.

e.Any Veteran's Disability Pension benefits received as a result of any disability sustained by the veteran while in the military service (see R.I. Gen. Laws § 40-5.2-10, as amended by Article 13).

2.14.3Determination of Resources

A.The resource limit per assistance unit is five thousand dollars ($5,000.00) for all non-excluded resources. The DHS will accept self-attestation from households who report total resources below three thousand dollars ($3,000.00). However, if this information is discrepant with what is known to the Department, additional documentation may be requested from the applicant/recipient.

B.Resources which count toward the five thousand dollars ($5,000.00) resource limit include, but are not limited to:

1.Real property; and

2.Personal property which includes liquid resources, such as cash, stocks, bank accounts, automobiles, and non-essential items.

C.When the non-excluded resources exceed the resource limit, the applicant is ineligible, or assistance is discontinued.

D.Resources are considered available both when actually available and when the applicant/recipient has a legal interest in a liquidated sum and has the ability to make such sum available for support and maintenance. However, in the event of joint ownership of bank accounts, there is an opportunity to rebut the presumption of ownership of the joint bank account. See § 2.14.3 of this Part for further discussion of cooperation regarding the pursuit of resources.

E.Real Property

1.Real property is land and includes houses or objects permanently attached to the land. The equity value of any non-excluded real property owned by the assistance unit must be counted toward the five thousand dollar ($5,000.00) resource limit.

2.In determining the value of the resource, equity value is defined as the current Fair Market Value (FMV) minus encumbrances. (If the value of the real property, when added to that of the unit's other resources, raises their total value above the five thousand dollars ($5,000.00) limit, see § 2.14.2 of this Part for conditions under which the property may be excluded.)

3.Evidence of ownership includes any of the following: the deed, current mortgage statement, assessment notice, the recent tax bill, or a report of title search. If not available, the DHS worker must obtain the information from the Recorder of Deeds, by telephone or other means.

4.The supervisor must consult the RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor in assessing the value of property if the value is questionable in relation to the five thousand dollar ($5,000.00) resource limit.

F.Personal Property

1.Personal property includes liquid resources, such as cash, stocks, bonds, mutual funds, money market accounts, certificates of deposit (C.D.s), bank and credit union accounts, IRAs, Keough plans, vehicles, and non-essential items.

2.Liquid Resources

a.Liquid resources are those properties in the form of cash or other financial instruments which are convertible to cash and include bank and credit union savings and checking accounts, stocks, bonds, mutual funds, time deposit shares, money market accounts, promissory notes, mortgages, and similar holdings.

b.The value of any liquid resources must be counted toward the five thousand dollar ($5,000.00) resource limit. If liquid resources exceed the five thousand dollar ($5,000.00) resource limit, alone or in combination with other resources, the applicant is ineligible, or assistance is discontinued.

3.Medical Insurance

a.If a family has any medical insurance, such as Blue Cross/Blue Shield, Neighborhood Health Plan of RI, United Health Plan of NE, Tufts, Federal Medicare (Part A, Part B), Delta Dental or any other medical insurance, this is identified as a resource for medical payment, but is not considered an eligibility factor in the determination of eligibility.

b.The medical resource must be noted on the Application for Assistance.

4.Valuation of Vehicles

a.Vehicle means a passenger car or other motor vehicle used to provide transportation of persons or goods.

b.Each vehicle owned by the household is handled as follows:

(1)First, determine if the motor vehicle is excluded under § 2.14.2 of this Part. If the vehicle(s) is excluded, no further action is required.

(2)If the vehicle is not excluded, count the vehicle's equity value (which is fair market value less encumbrances) towards the household's resource limit of five thousand dollars ($5,000.00).

5.Nonessential Items

a.Usually accepted household items are exempted. However, when there is evidence that the applicant possesses household or personal items of unusual or exceptional value, there should be verification of this resource by establishing the fair market price and equity value for it. Items of unusual value are those not normally used to maintain an adequate standard of comfort and convenience for the household.

b.The value of recreational boats, art objects, or valuable collections are luxury items of unusual value represent resources that must be added to all other total resources to determine whether the resources are within the five thousand dollar ($5,000.00) limit. It is the current fair market value of the item rather than the item itself that determines the unusual value.

c.The statement on the Application for Assistance (indicating the applicant does not own items of unusual value) referring to other resources owned by the applicant/recipient will be accepted without further development unless there is evidence to the contrary (e.g., information from other sources, or answers to other questions on the application that cast doubt on the validity of the response).

d.If the applicant/recipient owns a valuable resource, then the current FMV must be determined. Any reliable and reasonable method may be used to establish and verify the current FMV, e.g., sales slips, insurance, prior appraisals, or contacts with local merchants.

e.If the total equity value is under the five thousand dollar ($5,000.00) limit, this amount must be added to all other countable resources to determine whether the total resources are within the five thousand dollar ($5,000.00) limit. If the value of the assistance unit's items exceeds the five thousand dollar ($5,000.00) resource limit, the applicant/recipient is ineligible.

6.Resources of Ineligible Household Members

a.All the non-excluded resources of a disqualified individual, parent, or child are counted in determining the assistance unit's eligibility and payment amount.

2.14.4Transfer of Resources

A.Initial eligibility is not affected unless an applicant sold or transferred property in the month of application.

B.Resources Transferred in Application Month

1.Receipt of monies from resources disposed of by an applicant in the month of application is treated as a resource. The proceeds are verified and a determination made as to whether the proceeds are within the eligibility limit for that particular resource.

2.If it exceeds the limit, eligibility does not exist in that month.

3.Eligibility can be reestablished in a later month when resources are brought within the resource limit.

2.14.5Assets Acquired After Receipt of RI Works

A.If a recipient inherits real property which is being used, or is to be used by the recipient as a home, there is no bar to continuing eligibility. The equity value of any other real property must be considered, together with all other countable resources, in determining whether the household's resources are within the five thousand dollar ($5,000.00) resource limit.

2.14.6Recovery of Resources After Death

A.Assistance provided to a recipient is not subject by policy to recovery after the death of a recipient. However, in certain situations, the law provides for recovery by the Department.

B.These situations must be referred to the RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor and forwarded to the Third (3rd) Party Liability Unit for a decision on action.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.15 Income

2.15.1Definition of Income

A.In determining need, it is necessary to know the amount and value of both actual and potential income. The income of a family includes all of the money, goods, or services received or actually available to any member of the family. Income is considered available both when actually available or when the applicant/recipient has a legal interest in a liquidated sum and has the legal ability to make such sum available for support and maintenance. It must be under the control of the individual during the period for which need is being determined or can be available if action is taken by the individual to obtain it.

B.All income is taken into consideration in determining eligibility and need.

C.However, there are some types of income which are excluded and others that have modifications of the amount which is applied to the assistance plan.

D.Child's Income

1.A child's income includes the income of an ineligible parent(s) and stepparent with whom they are living. The applicant's/recipient's income includes that of their ineligible spouse in the home. A sponsored non-citizen's income includes the income deemed from the sponsor (and sponsor's spouse).

2.However, in a joint cash assistance/SSI household, the income of the SSI child or parent is not counted since it is already counted for SSI.

E.Documentation

1.The information the customer supplies on the Application for Assistance and/or the Interim Report about income must be verified. Sources of verification include business records, wage stubs, income tax returns, award letters, other documents, as well as reports from Social Security, the Veterans' Administration, and other agencies. In some instances, when the individual is unable to obtain the information, the DHS representative may help to obtain the verification requested. The DHS representative may assist the individual in applying for other potential sources of income. The individual is advised that they must inform the Department of the results.

2.The Department uses computer matching by social security number on a regular basis with other public Department files (such as State employee payrolls, ESB and TDI records, State income tax files), and information obtained from the Social Security Administration and the Internal Revenue Service through the Income and Eligibility Verification System (IEVS) to document recipient information.

2.15.2Determining Eligibility

A.In determining both initial and continuing eligibility, the following procedures are followed:

1.Exclude any income identified in § 2.15.3 of this Part.

2.Determine the gross earned income of all persons in the assistance unit (except the earnings of a dependent child).

3.Apply the earned income disregard to the earned income, if any.

4.Determine the unearned income of all persons in the assistance unit.

5.Total the earned income after disregards and unearned income; compare with the appropriate assistance standard for the unit.

2.15.3Excluded Income

A.In determining need and the amount of benefits for cash assistance the following types of income are excluded:

1.Income received by any family member who is receiving Supplemental Security Income (SSI) assistance under Title XVI of the Social Security Act (42 U.S.C. 1382 § 1612t;

2.Value of assistance provided by State or Federal government or private agencies to meet nutritional needs including: value of USDA donated foods; value of supplemental food assistance received under the Child Nutrition Act of 1966 (Pub. Law 111-296), as amended; the special food service program for children under Title VII; Nutrition program for the Elderly of the Older Americans Act of 1965 (42 U.S.C. § 3058), as amended; and the value of food assistance benefits;

3.The value of certain assistance provided to undergraduate students including: any grant or loan for an undergraduate student for educational purposes made or insured under any loan program administered by the U.S. Commissioner of Education (or the Rhode Island board of governors for higher education or the Rhode Island higher educational assistance authority);

4.Foster care adoption and guardianship assistance payments are excluded when the adopted child is not included in the RI Works household;

5.Home energy assistance funded by State or Federal government or by a nonprofit organization;

6.Payments for supportive services or reimbursement of out-of-pocket expenses made to foster grandparents, senior health aides or senior companions, and to persons serving in SCORE and ACE and any other program under Title II and Title III of the Domestic Volunteer Service Act of 1973 (42 U.S.C. § 4951 et seq.);

7.Payments to volunteers under VISTA (payments to volunteers under AmeriCorps are NOT excluded);

8.Certain payments to native Americans; payments distributed per capita to, or held in trust for, members of any Indian tribe under 20 C.F.R. § 416.1234; receipts distributed to members of certain Indian tribes which are referred to in 25 U.S.C. § 459e that became effective October 17, 1975;

9.Any portion of the refund of Federal income taxes, made to the family by reason of Internal Revenue Code 26 U.S.C. § 32 relating to the earned income tax credit (EITC) or earned income tax rebate, and any advance payment of such earned income credit made to such family by an employer;

10.Value of any State, local, or Federal government rent or housing subsidy, provided that this exclusion shall not limit the reduction in benefits provided for in § 2.18 of this Part.

B.Assistance from other agencies and organizations is disregarded in determining need and the amount of the payment.

C.Also, in determining what is income to meet need, the following are also excluded as income:

1.The value of home produce of an applicant/recipient utilized by them and their household for their own consumption.

2.Bona fide loans, educational assistance loans and grants, such as scholarships, obtained and used under conditions that preclude their use for current living costs.

3.Income equal to expenses attributable to the earnings of the income of a self-employed individual.

D.Exclusion of First Fifty Dollars ($50.00) of Child Support

1.The first (1st) fifty dollars ($50.00) of the child support payment paid in any month by a non-custodial parent of a child, or the actual amount of the child support payment if the payment is less than fifty dollars ($50.00), shall be paid to the family in which the child resides, and is excluded from the family's income. If more than one (1) non-custodial parent makes a child support payment to children living in the same family, there shall be only one (1) payment not to exceed fifty dollars ($50.00) paid to the family from the total child support collected.

2.The exclusion shall be applied in the initial month of eligibility. Support payments received in subsequent months are covered by the assignment as described in § 2.15.7(B) of this Part.

3.The exclusion may also be applied to payments for child support owed and collected that are in excess of the RI Works grant and are issued to the family. See § 2.15.7(C) of this Part for more information.

E.Earned Income Set Aside – Per R.I. Gen. Laws § 40-5.2-10, as amended by Article 13, the earned income of any adult family member who gains employment while an active RI Works household member. The RI Works household makes the decision about whether and when to apply this earned income set aside. As requested by an adult household member, such income is excluded for the first (1st) six (6) months of employment in which the income is earned, or until the household's total gross income exceeds one hundred eighty-five percent (185%) of the Federal Poverty Level, unless the household reaches its sixty (60) month time limit first.

F.Veteran's Disability Pension – Per R.I. Gen. Laws § 40-5.2-10, as amended by Article 13, any veteran's disability pension benefits received as a result of any disability sustained by the veteran while in the military service is excluded as income.

2.15.4Earned Income

A.Earned income is income, in cash or in-kind, earned by an individual through the receipt of wages, salary, commissions, or profit from activities in which they are engaged as a self-employed individual or as an employee. It is counted as income only when it is received (or would have been received except for the decision of the recipient to postpone receipt) rather than when earned. It includes earnings over a period of time for which settlement is made at one given time. With respect to the degree of activity, income which the individual produces as a result of the performance of service, including managerial responsibilities, is classified as earned income. (Examples are income from a lodger or boarder and rental income.)

B.Earned Income from Wages

1.When earned income is from wages, the Department representative must determine the gross amount of wages.

2.Any legal attachment on wages is considered unavailable and is not counted in the determination of eligibility for and amount of RI Works. Under current law, the first (1st) fifty dollars ($50.00) of any pay is exempt from attachment, and no attachment can be placed on the wages of a current or former cash assistance recipient for one (1) year following the termination of assistance. If an attachment exists, the recipient is referred to Rhode Island Legal Services.

3.That portion of wages which represents the advance payment of the Earned Income Tax Credit (EITC) or earned income tax rebate is also disregarded as earned income.

C.Earned Income from Self-Employment. The income considered from self-employment is the difference between the amount of gross receipts and the amount of allowable operating expenses incurred in producing the income.

1.When a business is carried on at home, no part of the overhead is considered a business expense, except as specified in § 2.15.4(C)(5) of this Part. Those self-employed work expenses directly related to producing the goods or services and without which the goods or services could not be produced shall be excluded.

2.However, items such as depreciation, personal business and entertainment expenses, personal transportation, purchase of capital equipment, and payments on the principal of loans for capital assets or durable goods are not allowable expenses.

3.The RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor is available to assist staff in determining income from self-employment. In a memorandum directed to the RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor, the Department representative must identify the type of assistance needed along with the necessary information on the business (for example, last year's income tax return, current bookkeeping records, and check books).

4.If, at the end of sixty (60) days, the business is not providing the recipient with enough income to attain economic self-sufficiency, the case must be submitted to the RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor for review of continued eligibility.

5.Child Care Service Providers

a.Income received by a cash assistance applicant or recipient who provides child care services is considered earned income from self-employment. The income must be verified from information provided by the applicant/recipient.

b.For purposes of this Section, child care services are defined as any care of a child or incapacitated adult for which the provider is remunerated whether by a public or private Department or a private party. The provider need not be a licensed Child Care provider.

c.Casual baby-sitting, for which the babysitter is paid, qualifies as "child care services."

d.Expenses of Providing Child Care

(1)The documented expenses incurred in earning such income are deductible. Such expenses include household items, wear and tear on household furnishings, and the increased cost of utilities if the service is provided in the provider's home.

(2)Special equipment needed for the individual in care and furnished by the provider is also deductible regardless of where the service is provided. The average total expense of providing child care is thirty-two dollars ($32.00) per week per child. (If the household can document cost in excess of the applicable average amount, the actual cost can be considered.)

(3)When the expense incurred in providing child care exceeds the amount paid by DHS or other payor to the child care provider, there is no income to be considered in determining eligibility and the amount of cash assistance payment. Conversely, the appropriate earned income disregard is applied toward any net income after expenses.

6.Income from Roomer or Boarder

a.When an applicant/recipient receives income from a roomer or boarder, the amount considered as income is computed by subtracting the following cost of maintaining such lodger or boarder.

b.Monthly Cost of Maintenance

(1)Roomer: $25.00

(2)Boarder: $124.00

c.However, if the household can document cost in excess of the amount indicated, the actual cost can be considered.

d.Board payments for a foster child paid by the Department for Children, Youth and Families to a cash assistance parent are excluded as income.

7.Rental Income

a.Countable rental income or net income from real property is subject to the appropriate earned income disregards.

b.When the applicant/recipient lives in the rental property, the tenant's share of the following property expenses is deducted from gross rental income to determine the amount of money to be applied as net income of the customer:

(1)The interest portion of mortgage, taxes, insurance, water, sewer charges, and special monthly assessments for sewer installation; and

(2)The cost of the tenant's heat, gas, and electric if provided in the rent by the homeowner.

c.To determine the net income of a property owner-customer living in a two-family dwelling, one half (1/2) of the expenses in § 2.15.4(C)(7)(a) of this Part plus the expenses in § 2.15.4(C)(7)(b) of this Part are deducted from the gross rental; in a three (3) family dwelling, two thirds (2/3) of the expenses in § 2.15.4(C)(7)(a) of this Part plus the expenses in § 2.15.4(C)(7)(b) of this Part are deducted; in a four (4) family dwelling, three fourths (3/4) of the expenses in § 2.15.4(C)(7)(a) of this Part plus the expenses in § 2.15.4(C)(7)(b) of this Part are deducted.

d.When the customer does not live in the rental property which is within the five thousand dollar ($5,000.00) Resource Limit, the income is determined by subtracting from the gross rental income, the expenses of maintaining the property as outlined above.

2.15.5Income Disregards

A.For applicants and recipients, net adjusted income equals the total of any unearned income plus any amount remaining from earned income after deducting the earned income disregards and any allowable dependent care disregards.

B.This amount must be less than the appropriate cash assistance standard in order for financial eligibility to exist. The disregards are allowed in the order specified below.

1.Exclusion of Earnings of a Dependent Child

a.Disregard all the monthly earned income of each dependent child from the assistance unit's income.

b.Disregard five hundred twenty-five dollars ($525.00) plus one half (1/2) of the earned income not already disregarded (applied to net income after the disregards described above). This disregard is allowed for each individual who has otherwise been found eligible to receive cash assistance.

2.Dependent Care Disregard

a.Disregard the actual amount of the expense paid in a calendar month, within the limitations specified below, for each dependent child or incapacitated adult living in the home and receiving cash assistance.

b.This disregard may not exceed one hundred seventy-five dollars ($175.00) per month per child age two (2) and older or an incapacitated adult. For a child under the age of two (2), this disregard may not exceed two hundred dollars ($200.00) per month.

c.Payments actually made for dependent care must be verified.

d.Consideration of the dependent care expense is only given when the care is provided by a person not living in the child's or incapacitated adult's household. If the care provider lives in the same building as the dependent child or adult requiring care, verification that separate households are maintained is required.

2.15.6Other Sources of Income

A.Income may come from many sources beyond employment. Unearned income includes other types of income, such as returns from capital investment with respect to which the individual is not themselves actively engaged, such as dividends and interest; it also includes benefits such as individual pensions, Retirement, Survivors, and Disability Insurance (RSDI), Unemployment Insurance (UI), Temporary Disability Insurance (TDI), or Veterans' Benefits.

B.The Department representative needs to be aware of and identify other potential sources of income or resources for which the applicant/recipient may qualify.

C.Federal and State Insurance-UI & TDI. An applicant or recipient of cash assistance who has worked in the past fifty-two (52) weeks is required to file a claim for either Unemployment Insurance if unemployed but able to work or Temporary Disability Insurance (TDI) if unemployed but unable to work.

D.Retirement, Survivors, and Disability Insurance (RSDI) Income

1.The total amount of benefits received from Retirement, Survivors, and Disability Insurance (RSDI) by a member of the assistance unit is considered as income.

2.When a child receives RSDI, the caretaker relative does not have the option of excluding that child from the cash assistance unit even when such benefits are sufficient to meet the child's needs according to the consolidated standard. Once the child is included in the assistance unit, the RSDI benefits of the child are considered income to the family.

3.Identifying Potential Beneficiaries

a.Retirement Benefits can be paid to:

(1)The insured wage earner or self-employed person who is eligible or can elect to receive actually reduced benefits at age sixty-two (62). Although the Social Security Act (20 C.F.R. § 404.410)makes this provision elective (receipt of benefits age sixty-two (62)), eligibility for cash assistance is dependent upon acceptance of this source of income at age sixty-two (62).

(2)The spouse of a retired or disabled worker who:

(AA)Is age sixty-two (62) or over; or

(BB)Has in their care a child under age sixteen (16) or over age sixteen (16) and disabled who is entitled to benefits on the worker's Social Security record.

(3)A spouse is eligible, if the marriage has been in effect for one (1) year and in some instances, less than a year.

(AA)Spouses of defective ceremonial marriages entered into in good faith are also eligible.

(BB)The divorced spouse of a retired or disabled worker if age sixty-two (62) or over and married to the worker for at least ten (10) years.

(CC)The divorced spouse of a fully insured worker who has not yet filed a claim for benefits if both are age sixty-two (62) or over and have been finally divorced for at least two (2) continuous years.

(DD)The dependent, unmarried child of a retired or disabled worker entitled to benefits, if the child is:

(i)Under age eighteen (18); or

(ii)Age eighteen (18) or over but under a disability which began before age twenty-two (22).

(iii)This includes children born of natural parents, adopted children, step-children or children born out of wedlock.

b.Relatives of a deceased insured wage earner or self-employed person who may be eligible to receive monthly benefits include:

(1)The surviving spouse, (including a surviving divorced spouse) if the widow(er) is age sixty (60) or over.

(2)The surviving spouse with a disability, (including a surviving divorced spouse in some cases) if the widow(er) is age fifty (50) to fifty-nine (59) and becomes disabled not later than seven (7) years after the worker's death, or in case of a widow(er), within seven (7) years after they stop getting checks as a widow(er) caring for a worker's children.

(3)The surviving spouse, or surviving divorced spouse if caring for an entitled child (under age sixteen (16) or disabled) of the deceased.

(4)The dependent, unmarried child of a deceased insured worker if the child is:

(AA)Under age eighteen (18); or

(BB)Age eighteen (18) or over but under a disability which began before age twenty-two (22).

(CC)The dependent parents of a deceased worker at age sixty-two (62) or over.

E.Disability Benefits

1.A worker who becomes severely disabled before age sixty-five (65) may qualify for disability checks. The disability must be a severe physical or mental condition which prevents employment and is expected to last (or has lasted) for at least twelve (12) months or is expected to result in death. Benefits may begin as early as the sixth (6th) full month of disability and continue as long as the disability exists. If a person is severely disabled, benefits can be paid even though the person can do some work.

2.Dependent's benefits may be paid to certain members of a disabled worker's family as in the case of a retired worker.

F.Veterans Administration Benefits

1.All applicants and recipients who have been other than dishonorably discharged from any branch of the armed services should apply for VA benefits and/or services. An individual may be eligible as a veteran who served during wartime or specific periods of qualifying peacetime, who is disabled or non-disabled, or has a disability that is service-connected or not.

2.Dependents and survivors of the veteran may also be eligible.

3.Stepchildren, if living with the stepparent, may receive an allowance based on the stepparent's benefits.

4.Potentially eligible individuals may be referred directly to the Veterans Administration Regional Office.

5.An agency form is used to verify benefits for the veteran and/or for the dependent.

G.Worker's Compensation. Under the Workers' Compensation Act, benefits are payable if an employee sustains a personal injury arising out of or in the course of employment or develops an occupational disease. The possibility of this resource should be discussed with the injured customer and follow-up made if this is a potential source of income. Based on probable third-party liability, Workers' Compensation benefits are subject to the assignment and reimbursement provisions described in §§ 2.3 and 2.7 of this Part.

H.Insurance Settlement. Money received from an insurance settlement is considered as lump sum income except when the insurance settlement results from a fire, flood, lightning or severe wind, and if it is used to repair or replace the property lost because of the fire, flood, lightning or severe wind. For treatment of lump sum income, see § 2.15.6(Q) of this Part.

I.Money or Goods from Other Agencies. When another agency provides money or goods to an applicant/recipient on an irregular basis, it is not considered as income to be applied to the assistance plan.

J.Non-Legally Liable Relative Contribution. Regular and/or substantial contributions by non-legally liable relatives or friends living with or apart from the assistance unit are considered as income in determining need. Gifts and contributions of small value and occurring infrequently for special occasions or as expressions of affection are not related to support and are not considered income provided they do not exceed thirty dollars ($30.00) per recipient in any quarter.

K.Income-In-Kind

1.Regular income in kind for shelter expenses made directly to, for example, the landlord or bank by non-legally liable or legally liable relatives or friends on behalf of a customer is considered as income.

L.Interest and/or Dividends. When a recipient who is allowed to retain resources, in accordance with § 2.14.3 of this Part, receives interest or dividends, the amount received is considered as income.

M.Income from Legally Liable Relatives

1.When a second parent pays support directly to the applicant, recipient or child, this income must be forwarded to the OCSS in accordance with the policy and procedures in §§ 2.10 and 2.15.7 of this Part.

2.Also see § 2.16 of this Part for the treatment of the income of a legally liable relative.

3.For the treatment of the income of a parent of a minor unwed parent, see § 2.16 of this Part.

N.Income of Joint RI Works/SSI Household

1.The income of an SSI recipient (including the SSI benefit) is not considered in determining need and the amount of the cash assistance payment.

2.When an application for cash assistance is made by a family in which a child, a spouse, or a parent (including a stepparent or a relative acting in loco parentis) is receiving an SSI payment, the SSI person is excluded from the count of eligible members constituting the unit.

3.The SSI recipient's own income and resources are not considered, but any other income or resource that belongs to the cash assistance applicant member, including any that was "deemed" to the SSI recipient, is considered.

4.When a cash assistance recipient receives SSI, the Department representative must remove the SSI person from the plan size and remove the SSI recipient's own income (and resources). When a cash assistance member applies for SSI, no change is made in the cash assistance payment until the SSI benefits are granted.

5.Individuals eligible for both cash assistance and SSI have the right to elect which program they wish to receive. There is no authority to mandate placement in one program or the other.

O.When considered for RI Works cash assistance, AmeriCorps and AmeriCorps/VISTA involvement are two (2) separate programs, and the income is treated in different ways.

1.If the income letter or paystub only reports "AmeriCorps," without referencing VISTA in any way, the income is counted for cash assistance.

2.If the income letter or paystub cites "AmeriCorps/VISTA," the income is excluded from consideration for the cash assistance program.

P.Treatment of Lump Sum Income

1.Lump sum income is considered income in the month of receipt, but becomes considered as a resource upon the first (1st) moment of the following month. Lump sum may make a case ineligible due to excess income (using the income-counting rules) in the month of receipt. If this is found to be the case, the DHS worker should consider the case for reinstatement of cash assistance the following month, with the amount received as income then considered as a resource.

2.Countable resources are determined as of the First (1st) Moment of the Month (FOM). The determination is based on the resources the individuals own, their value, and whether or not they are excluded as of the first (1st) moment of the month. The FOM rule establishes a point in time at which to value resources; what a person owns in countable resources can change during a month, but the change is always effective with the following month's resource determination. The kinds of changes that can occur are:

a.Changes in Value of Existing Resources. The value of an existing resource may increase or decrease. For example, the value of a share of stock may decrease by thirty dollars ($30.00) or increase by twenty dollars ($20.00).

b.Disposition or Acquisition of Resources. An individual may dispose of an existing resource (e.g., close a savings account and purchase an item) or may acquire a new resource (e.g., an inheritance which is subject to the income-counting rules in the month of receipt).

c.Change in Exclusion Status of Existing Resources. An individual may replace an excluded resource with one that is not excluded (e.g., sell an excluded automobile for non-excluded cash) or vice versa (use non-excluded cash to purchase an excluded automobile). Similarly, a time-limited exclusion may expire.

3.If countable resources exceed the limit as of the first (1st) moment of a month, the recipient is not eligible for that month, unless the resources are reduced by expenditure on certain allowable expenses.

Q.Reduction of Lump Sum Income/Resource

1.An applicant whose countable resources exceed the basic resource limitation may establish eligibility on the basis of resources if:

a.They incur (or has incurred) outstanding allowable household maintenance bills or other allowable expenses that equal or exceed his/her excess resources; and,

b.They reduce the excess resources to the appropriate resource limit by actually paying the allowable expenses or fees, and submitting verification thereof within thirty (30) days of the date of the rejection or closing notice. Both the expenditure of the resource and submission of verification of the expenditure and the reduced resource must occur within the thirty-day time period.

2.The bills used to establish eligibility cannot be incurred earlier than the first (1st) day of the third (3rd) month prior to the date of an application that is eventually approved.

3.The Department representative must see the bills that have been actually paid in order to verify that resources have been properly reduced.

4.An individual who reduces resources and is otherwise eligible will be eligible as of the date the incurred allowable expenses equaled or exceeded the amount of their excess assets, subject to verification that the excess resource was actually expended on the allowable expense. In no event shall the first (1st) day of eligibility be earlier than the first (1st) day of the month of application.

5.The applicant will be required to verify that:

a.They incurred the necessary amount of expenses; and,

b.Their excess resources were reduced to the allowable resource limit by expenditure of the excess resource on the allowed expense.

2.15.7Child Support Income

A.For purposes of this Section, child support is defined as financial support, voluntary or court ordered, paid by an absent parent on behalf of their natural or adopted child(ren).

B.Direct Support

1.The applicant or recipient is advised that the assistance payment does not reflect any support money as income except in the initial month of eligibility or when an uncooperative sanctioned recipient retains direct support in violation of the assignment.

2.The amount of support is ultimately established by court order.

3.When an applicant or recipient informs the DHS worker at the time of initial determination of eligibility or at any time during the receipt of assistance that child support is being received by the family on behalf of an applicant child, the Department representative must take the actions described below.

4.Treat Direct Payments as Income

a.Except for the first (1st) fifty dollars ($50.00) in child support received in the application month from each noncustodial parent of a child, the Department representative must consider the support payments as income for determining eligibility. If the family is eligible for assistance, any child support (over and above the amount of the excluded support as outlined in § 2.15.3 of this Part) received in the month of application, or until the end of the month in which the payment is authorized, must be budgeted as income.

b.The purpose of treating direct payments as income in this initial determination period is to provide sufficient time for the referral of the case to the Department of Human Services, Office of Child Support Services, before child support payments are directed there. In subsequent months, direct support payments that are covered by the assignment and paid to the Department of Human Services, Office of Child Support Services, as required, are not considered as income in computing the amount of the assistance payment for which the recipient is eligible (see § 2.15.7 of this Part concerning the child support pass through).

5.Inform the Applicant/Recipient. In any case in which there is absence of a parent, the RI Works cash assistance applicant/recipient must be informed that support payments received from an absent parent after cash assistance is authorized must be forwarded directly to:

Rhode Island Family Court

One Dorrance Plaza

C/O Bookkeeping Unit

Providence, RI 02903

6.Recipients of direct support must also be advised:

a.Not to send cash through the mail;

b.To enter their case I.D. in the lower left-hand corner of the face of the check or money order and, if the absent parent's name is not on it, to add that as well;

c.To endorse all checks and money orders by writing the words "Payable to the Department of Human Services, Office of Child Support Services," and then signing their name;

d.Not to give support payments to DHS employees to be forwarded to Rhode Island Family Court; and

e.To notify the Department of Human Services, Office of Child Support Services, in writing when there is a lapse in direct support payments.

7.It is especially important to convey the above information when an applicant is receiving direct support payments around the time of application.

8.Applicants/recipients must also be informed that failure to forward direct support payments to Rhode Island Family Court may result in the sanction of the uncooperative recipient in accordance with § 2.7.8 of this Part.

C.Support Paid through Family Court

1.When support is paid through the Department of Human Services, Office of Child Support Services (OCSS), or its agents, a check is issued up to the fifty dollar ($50.00) pass through amount to which the recipient is entitled. Any amount collected during the month which represents payment on the required support obligation for that month, and is in excess of the pass through, shall be retained by the State to reimburse, in whole or in part, the assistance payment for the month in which the support was collected, for unreimbursed assistance for prior months, if child support arrears exist, or for future support. If the monthly amount owed and collected is greater than the assistance payment for the month, DHS authorizes payment to the family an amount equal to the difference between the assistance payment for the month and the court ordered amount for that month. Any such checks issued to recipients in excess of the pass through payments and cash assistance reimbursements must be counted as child support income for RI Works cash assistance purposes.

2.The recipient need not report the receipt of OCSS-issued child support to the DHS local office. However, the OCSS notices advise recipients that the amounts received are being recorded in the eligibility system.

3.When the Department representative learns of the payment of excess of grant monies, they review the eligibility system which displays both the pass through and child support income paid.

4.The Department representative must reconcile any discrepancies by contacting the recipient, checking the electronic case through the OCSS Interface and, if necessary, contacting OCSS for clarification.

D.Payment of Child Support Pass Through

1.For any month in which a noncustodial parent makes a child support payment in the month when due and the support is collected by OCSS for a child or children receiving RI Works cash assistance, the first (1st) fifty dollars ($50.00) of the child support payment, or the actual amount of the child support payment if the payment is less than fifty dollars ($50.00), shall be paid to the family in which the child resides. If more than one (1) noncustodial parent makes a child support payment to children living in the same family, there shall be only one (1) payment of fifty dollars ($50.00) paid to the family from the child support collected. This payment, known as the "pass through" payment, shall be sent to the family within two (2) business days of the determination of the amount that is due and owing and no later than within two (2) business days of the end of the month in which the support was collected.

2.The pass through payment is excluded from income in calculating the family's RI Works cash assistance amount in accordance with § 2.15.3 of this Part. However, the fifty dollars ($50.00) pass through is counted as income in the Supplemental Nutrition Assistance Program.

E.Distribution of Child Support of SSI Child

1.When one (1) of the children in a family in receipt of benefits from the RI Works Program receives Supplemental Security Income (SSI), OCSS shall distribute to the custodial parent all child support collected on behalf of the minor SSI child.

2.Distribution of support must occur within thirty (30) days of receipt by OCSS according to the requirements outlined below.

a.If the SSI child is the only person covered by the child support order, one hundred percent (100%) of the support collected shall be paid to the custodial parent.

b.If the SSI child is not the only person covered by the child support order, a pro rata portion of the amount collected shall be paid to the custodial parent, unless otherwise specified in the Family Court order. Child support distributed to a custodial parent on behalf of an SSI child is not considered income for purposes of determining cash assistance eligibility or payment level for members of the cash assistance family. However, child support distributed to a custodial parent on behalf of an SSI child is considered unearned income for the Supplemental Nutrition Assistance Program.

3.The Department of Human Services, Office of Child Support Services, must provide to the custodial parent of an SSI child a semi-annual statement which discloses the amount of child support collected and distributed during the preceding two (2) calendar quarters on behalf of the child. The statement includes notification of the custodial parent's right to a hearing with regard to disputes involving the collection and distribution of child support.

2.15.8Student's Income

A.RSDI benefits received by eighteen (18) to nineteen (19) year old recipients due to their in-school status are countable as income in the determination of need and the amount of cash assistance.

B.In addition, the Veterans Administration sponsors several different educational assistance programs. One does not have to be a veteran to qualify for assistance under some of the programs. Anyone receiving VA educational assistance receives an award letter indicating the amount to be received and the period of time for which it will be received.

C.In determining need and amount of assistance, that part of the payment which is intended for the individual dependents who are in the assistance unit is counted as available income. The verified amount from the student's portion that is used for tuition, books, fees, equipment, special clothing needs, and transportation for education-related purposes is not considered as income in the determination of need and amount of the assistance payment.

D.The total amount of the allowable educational expenses is deducted up to the amount of the individual's benefit. Only the balance, if any, is entered as income.

E.Federally or Non-Federally Supported Sources

1.Individuals may receive scholarships, grants, and awards from federally supported sources such as the Bureau of Indian Affairs (BIA); State sources; civic, fraternal, and alumni/alumnae organizations; from relatives; or because of verified needs, achievements or a combination of such reasons.

2.That portion of the scholarship, grant or award which is used for tuition, books, fees, equipment or transportation for school purposes is disregarded as income in the determination of need and amount of the assistance payment. (See also § 2.12.3(A)(3) of this Part, Excluded Income.)

2.15.9Deemed Income

A.In certain instances, income must be deemed to the members of the assistance unit and counted in the determination of eligibility for and the amount of cash assistance. Deemed income means income that is counted as available and received, even if it is not in fact received by the assistance unit.

B.There are three (3) groups of individuals whose income must be deemed available to the assistance unit. These are:

1.Parent(s) of a minor parent or pregnant minor when they are living in the same household:

a.The income of the parent(s) of a minor parent or pregnant minor (under age eighteen (18)) who applies for or receives cash assistance is deemed available to the minor parent's assistance unit when:

(1)The minor parent lives with their own parent(s); and

(2)The parent(s) is (are) not receiving assistance themselves.

b.The income of such parents, less appropriate disregards, is counted in the determination of eligibility for and the amount of cash assistance for the minor parent and their dependent child(ren). The policy and the method for calculating the amount of deemed parental income are found in § 2.16 of this Part.

2.Sponsors of non-citizens:

a.The income of the sponsor and sponsor's spouse of a non-citizen applying for or receiving cash assistance is deemed available to the assistance unit unless the non-citizen is exempt from the sponsorship deeming provisions.

b.A sponsor is anyone who executed an affidavit of support or similar agreement on behalf of a non-citizen as a condition of the non-citizen’s entry into the United States. This provision does not apply to non-citizens who were sponsored by private or public organizations. The policy and the method for calculating deemed non-citizen sponsorship income (and resources) is found in § 2.17 of this Part.

3.Parent(s) of a child(ren) who is (are) ineligible to receive cash assistance themselves.

a.Ineligible Parent of Children

(1)In most cases, the parent of a child is required to be included in the assistance unit, refer to § 2.4 of this Part for a complete discussion of the assistance unit rules. In certain instances, a parent cannot be included in the cash payment. This occurs when the parent is either statutorily barred from cash assistance eligibility or disqualified from the cash assistance program. However, all parents, even if not included in the receipt of benefits, are required to cooperate with RI Works employment plan and opportunities unless exempted specifically from the work requirements.

(AA)Income of Statutorily Barred Parent

(i)A ninety dollar ($90.00) disregard and any applicable dependent care disregard is applied to the earned income of a statutorily barred parent. In addition, an amount is allocated to meet the parent's own needs. This is done by subtracting the cash assistance standard for a plan size excluding the parent from the cash assistance standard for a plan size including the parent.

(ii)If the ineligible parent has dependents also ineligible solely because they do not meet program requirements but are not sanctioned individuals, an amount is allocated to meet their needs by using the method specified above. The net income of the ineligible parent is then counted as unearned income to determine eligibility for and the amount of cash assistance.

(iii)Examples of a parent statutorily barred from receipt of cash assistance include a parent who is an ineligible non-citizen because of sponsor-to-non-citizen deeming, or because of the receipt of lump sum income.

(BB)Income of Disqualified Parent

(i)When the parent is disqualified from cash assistance and has income of their own, this income must be considered available to the assistance unit. In determining the amount of income available to the assistance unit, no amount is allocated to meet the needs of the sanctioned parent. Moreover, no earned income disregards are applied to the earned income of the sanctioned parent.

(ii)Examples of a parent disqualified from receipt of cash assistance include a parent sanctioned because of refusal or failure to cooperate with the Office of Child Support Services.

b.Income of the Spouse of a Loco parentis (L.P.) Caretaker

(1)The income and resources of the spouse of a Loco parentis caretaker applying for or receiving cash assistance is deemed available to the assistance unit. The income of a spouse of an L.P. caretaker includes both their earned and unearned income. (However, the income of an SSI spouse is not deemed.)

(2)Prior to the spouse's income being applied to the needs of the L.P. caretaker's assistance unit, certain disregards are allowed. These disregards are verified and applied, as appropriate, in the following order:

(AA)Earned Income. From the spouse's monthly gross earned income, disregard the first (1st) ninety dollars ($90.00).

(BB)Net Earned and Unearned Income. An amount is disregarded for the support of the spouse and any other individuals who are living in the home, but whose needs are not taken into account in the determination for cash assistance or SSI and who are claimed or could be claimed by the spouse as dependents for purposes of determining their Federal personal income tax liability.

(CC)The amount disregarded must equal the cash assistance spouse's standard for a plan size of the same composition as the spouse's family group but excluding any person included in the L.P. caretaker's family.

(DD)Amounts actually paid by the spouse to individuals not living in the home but who are claimed or could be claimed by them as dependents for purposes of determining Federal personal income tax liability are disregarded.

(EE)Amounts actually paid by the spouse as alimony and/or child support to individuals not living in the household are disregarded.

(FF)The spouse's net income, after the appropriate disregards are allowed, is assumed available to meet the needs of the L.P. caretaker's assistance unit.

(GG)If this income renders the assistance unit ineligible for cash assistance, the L.P. caretaker has the option to apply for cash assistance for the child(ren) in their care only, without requesting for themselves. In this situation, no income or resource from either adult (the L.P. caretaker or the spouse) would count towards the child's or children's eligibility, resulting in a child only case.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.16 Support of Dependent Children

A.DHS requires spouses to contribute to the support of each other and also requires that parents, either singly or jointly, support their children under eighteen (18) years of age (or nineteen (19), if eligible for cash assistance). The parent(s) and stepparent of a dependent child for whom assistance is sought or received must be included in the assistance unit if they live in the same household as the child. The parent(s) and stepparent of a minor unwed parent in need of assistance and living in the same household in most cases need not be included in the assistance unit.

B.However, the income of a parent(s) and stepparent of a minor unwed parent living in the household is subject to the deeming provisions specified in § 2.16.2 of this Part.

2.16.1Support of Unwed Minor Parent

A.By Federal court order, unwed parents under eighteen (18) years of age are eligible to apply for assistance and to receive cash assistance, if otherwise eligible. Therefore, age by itself is not a barrier to eligibility for cash assistance from the RI Works Program. For additional eligibility requirements for minor parents and pregnant minors, see § 2.12 of this Part.

B.In the determination of eligibility of an assistance unit headed by an unwed minor parent or pregnant minor, it is necessary to deem to said minor parent and to her/his dependent child(ren) the available income of her/his parent(s) and/or stepparent living in the same household. If income is deemed from a parent and/or stepparent to an assistance unit headed by a minor, the deeming procedure specified in § 2.16.2 of this Part is followed. Thus, an amount, based upon assistance payment standards, is disregarded to meet the parent's own needs.

C.Eligibility is denied the assistance unit if the parent(s) living in the home fail(s) to provide sufficient information to establish eligibility for cash assistance.

2.16.2Minor Parent Living in Parental Home

A.When an unwed minor parent is living in the home of her/his parent(s) and/or stepparent, the income of the parent(s) and/or stepparent must be determined first. This determination is made by following the procedures set forth in § 2.16.3 of this Part.

B.When it is determined by this procedure that the parent(s) and/or stepparent has/have the ability to support, in whole or in part, the minor unwed parent and their dependent(s), the parent's (parents') and/or stepparent's net income, after appropriate disregards are allowed, is deemed as unearned income in determining eligibility for and the amount of cash assistance for the minor parent and their dependent(s).

2.16.3Deeming of Grandparent's Income

A.When determining financial eligibility for cash assistance of a minor parent living in the home of their parent(s) and/or stepparent, it is necessary to consider the resources and income of the parent(s) and/or stepparent.

B.The income of a parent(s) and/or stepparent of a minor parent includes both their earned and unearned income. However, the income of an SSI parent(s) and/or stepparent is not deemed. Prior to the parent(s) and/or stepparent's income being applied to the needs of the minor parent's assistance unit, certain disregards are allowed. These disregards are verified and applied, as appropriate, in the following order:

1.Earned Income. From the parent(s) and/or stepparent's monthly gross earned income, disregard the first (1st) ninety dollars ($90.00).

2.Net Earned and Unearned Income. An amount is disregarded for the support of the parent(s) and/or stepparent and any other individuals who are living in the home, but whose needs are not taken into account in the determination for cash assistance or SSI and who are claimed or could be claimed by the parent(s) and/or stepparent as dependents for purposes of determining their Federal personal income tax liability. The amount disregarded must equal the cash assistance parent(s) and/or stepparent's standard for a plan size of the same composition as the parent(s) and/or stepparent's family group but excluding any person included in the minor parent's family.

3.Amounts actually paid by the parent(s) and/or stepparent to individuals not living in the home but who are claimed or could be claimed by them as dependents for purposes of determining Federal personal income tax liability are disregarded.

4.Amounts actually paid by the parent(s) and/or stepparent as alimony and/or child support to individuals not living in the household are disregarded.

5.The parent(s) and/or stepparent's net income, after the appropriate disregards are allowed, is assumed available to meet the needs of the minor parent's assistance unit.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.17 Income of Non-Citizen with Liable Sponsors

A.When determining financial eligibility for cash assistance, it is necessary to consider the resources and income of a sponsor of a legally admitted non-citizen. Those resources and income of a sponsor which are deemed (taken for granted as available) as the resources and unearned income of a non-citizen are used in making the determination of eligibility for and amount of cash assistance.

B.Those non-citizens who meet the date of entry criteria and are not exempt as outlined in § 2.17.1 of this Part must cooperate in obtaining and documenting their sponsor's income and resources in order to determine their sponsor's liability. If such information and documentation are not provided, the Department representative is unable to determine eligibility for cash assistance.

C.The applicability of sponsorship deeming affects all applications for assistance made by the legal non-citizen.

2.17.1Non-Citizens Exempted from Sponsor Liability

A.The policy of sponsorship liability does not apply to non-citizens who are exempt because they are:

1.Dependent children of the sponsor or of the sponsor's spouse;

2.Admitted as a conditional entrant refugee to the United States as a result of the application, prior to 4/1/80, of the provisions of Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601;

3.Admitted as refugees to the United States as a result of the application, after 3/31/81, of the provisions of 8 U.S.C. § 1157;

4.Paroled into the United States as a refugee under 8 U.S.C. § 1182;

5.Granted political asylum by the Attorney General under 8 U.S.C. § 1158;

6.Cuban or Haitian entrants, as defined in Refugee Education Assistance Act of 1980, Pub. Law 100-200;

7.Amerasians admitted to the United States under the provisions of the Amerasian Homecoming Act, Pub. Law 100-200;

8.Considered qualified non-citizen under the Consolidated Appropriations Act of 2024, Pub. Law 118-42, in accordance with § 141 of the Compacts of Free Association (COFA). These individuals may receive assistance once admitted to the U.S and are not subject to five (5) years of residency from date of entry.2.17.2 Sponsor Definition and Responsibility

A.A sponsor is, for the purpose of applying this policy, any person, agency, or organization that executed an affidavit of support or a similar agreement on behalf of a non-citizen as a condition of the non-citizen's entry into the United States.

B.The income and resources of a sponsor and the sponsor's spouse, which are deemed as unearned income and resources to the non-citizen, must be considered available to the non-citizen.

C.The spouse's income and resources must be counted even if the sponsor and spouse have married since the signing of the agreement.

D.The income and resources of a sponsor who signed a support agreement for a non-citizen are still considered in the determination of the non-citizen's eligibility for assistance even if the sponsor claims to have given up sponsorship responsibility.

2.17.3Considerations Relating to Sponsoring Agency

A.The responsibilities of a sponsoring agency or organization are the same as those of an individual sponsor. It is the obligation of the sponsoring agency to support the non-citizen, if necessary to prevent the non-citizen from becoming a public charge.

B.The obligation to support is considered to have ceased if the agency:

1.No longer exists, or

2.Has become unable to meet the non-citizen's needs.

C.If the non-citizen contends that either condition prevails, they must provide evidence to substantiate the claim. When the demise of the sponsoring agency or organization is common knowledge, documentation may not be required. But when such is not the case, the non-citizen must obtain verification from the Office of the Secretary of State or other appropriate government body in the State where the agency was chartered.

D.If the sponsoring agency or organization continues to exist but maintains it has become unable to meet the non-citizen's needs, the non-citizen must furnish an affidavit to this effect from the sponsoring agency to support the claim.

2.17.4Responsibility of Non-Citizen

A.A non-citizen must provide information and documentation of their sponsor and the sponsor's income and resources. Moreover, the non-citizen is responsible in obtaining the cooperation of the sponsor for the purpose of determining what income and resources can be deemed to the non-citizen.

B.Non-citizens who do not obtain this cooperation or supply this information are not eligible to receive cash assistance.

C.From the documents supplied, the Department determines if the non-citizen has a sponsor and if that sponsor signed an agreement to support.

D.If the non-citizen is unable to supply a copy of the Non-Citizen Sponsorship Affidavit, or further verification or information is needed from the United States Citizenship and Immigration Services (USCIS), the Department representative may assist the applicant in obtaining such information. USCIS form G-639, Freedom of Information/Privacy Act Request, is used for this purpose.

E.The instructions for completing the form are on the reverse side of the G-639. In order to expedite the return of the form from USCIS, the name of the Department with an attention to the worker, and the office address and telephone number may be entered.

F.Calculation of Income Deemed to Non-citizen. The monthly income of the sponsor (and of the sponsor's spouse) deemed available to the non-citizen is computed in the following way (it should be noted that income from a sponsor receiving SSI, GPA, or cash assistance from the RI Works Program is not considered available to the non-citizen):

1.The sponsor's total monthly earned income is reduced by twenty percent (20%) (not to exceed one hundred seventy-five dollars ($175.00) monthly). Earned income is wages, salary, or gross earnings from self-employment minus the full amount of any costs incurred in producing self-employment income in the month.

2.The sponsor's total monthly unearned income is then added to the net amount of earned income calculated.

3.The remaining monthly amount is deemed as unearned income to the non-citizen who is applying for cash assistance.

G.Calculation of Resources Deemed to Non-citizen

1.The resources of the sponsor (and of the sponsor's spouse, if living together) deemed available to the non-citizen are determined as described below. It should be noted that resources of a sponsor receiving SSI, GPA, or cash assistance from the RI Works Program are not considered available to the non-citizen.

2.In determining the resources of a sponsor to be deemed to the non-citizen, the resource exclusions in § 2.14.2 of this Part shall be applied and the value in excess of one thousand five hundred dollars ($1,500.00) shall be considered available to the non-citizen.

H.Prorating Income and Resources of Sponsor

1.In a case where a person is the sponsor of two (2) or more non-citizen individuals, the deemed income and resources of the sponsor and of the sponsor's spouse are divided equally among the non-citizens.

2.In a case where a person is the sponsor of two (2) or more non-citizen families, the deemed income and resources of the sponsor (and of the sponsor's spouse, if living together) are divided equally among the non-citizens applying for or receiving assistance.

3.Income and resources deemed to a sponsored non-citizen are not considered in determining the needs of other unsponsored members of the non-citizen's household. An exception occurs when the deemed income and resources are actually available to members of the non-citizen's family such as the non-citizen's spouse and/or children.

I.Overpayments. When overpayments are made to a non-citizen because a sponsor failed to provide correct information, both the sponsor and non-citizen are held responsible. Refer to policy on overpayments in § 2.31 of this Part for procedures.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.18 Standards of Assistance

A.Per R.I. Gen. Laws § 40-5.2-10 the RI Works Standards of Assistance has increased. The monthly amount of cash assistance can be found in § 2.18.1 of this Part.

2.18.1RI Works Standards of Assistance

A.To utilize the table below, select the appropriate amount from the cash assistance monthly standard column according to the number of eligible persons in the assistance plan.

B.Payment to eligible families is made semi-monthly. The conversion of monthly dollar amounts to semi-monthly payment amounts is done automatically by the eligibility system.

Plan Size

Cash Assistance Monthly Standard

Cash Assistance Semi-Monthly Amount

1

$510.00

$255.00

2

$701.00

$350.50

3

$865.00

$432.50

4

$990.00

$495.00

5

$1115.00

$557.50

6

$1,240.00

$620.00

7

$1,365.00

$682.50

8

$1,490.00

$745.00

9

$1,615.00

$807.50

10

$1,740.00

$724.50870.00

11

$1,865.00

$932.50

12

$1,990.00

$995.00

13

$2,115.00

$1057.50

14

$2,240.00

$1120.00

15

$2,365.00

$1182.50

Add for each person over 15

$125.00

$62.50

2.18.2Subsidized Housing Adjustment

A.For any family residing in subsidized housing, the RI Works payment standard is reduced by sixty-five dollars ($65.00) for any family residing in subsidized housing.

2.18.3Determination of Assistance Plan Size

A.The unit of eligible family members consists of and includes the persons listed below when they are required to be included in the assistance unit (as specified in § 2.4 of this Part) and are otherwise eligible or when a request for their support is made, they are in need, and are otherwise eligible.

1.Eligible Child(ren)

a.An eligible child who meets the eligibility factor of age as defined in § 2.5.2 of this Part, and who is living with a relative, as defined in § 2.5.3 of this Part is included in the assistance unit.

b.Also included is an eligible child between the ages of eighteen (18) and nineteen (19) years if they are a full-time student in a secondary school (or at the equivalent level of a GED program, vocational or technical training) and reasonably expected to complete the program before or in the month of their nineteenth (19th) birthday.

2.Eligible Relative(s). The natural or adoptive parent (or needy relative of acceptable relationship) who is providing continuous care or support to the eligible child(ren), including such parent whose eligibility is established by the presence of an SSI child in the home who meets the eligibility requirements, is included. The natural or adoptive custodial parent, (re)married and living with the spouse, must be included in the unit along with their spouse.

3.Unwed Second Parent. For an unwed second parent (or one of their relatives) to qualify as an eligible relative, their parentage must have been established under applicable State law (see § 2.5.3 of this Part).

4.Pregnant Person. A needy pregnant person is included with a plan size of one (1). They will be eligible to add the baby to their unit the month the baby is born and living with them.

5.Non-Needy Relative. If the eligible children are residing in the home of a non-needy relative not required to be included in the assistance unit, the cash assistance standard corresponding to the plan size for the number of eligible children (minus any available income) is the basis of the cash assistance grant.

6.Parent or Child Receives SSI. Whenever the parent (or loco parentis) or a child receives an SSI payment, such a person is excluded from the count of eligible members.

7.Persons Not Married. When there are two (2) or more dependent children living in the same household with two (2) other persons not married to each other, and each of such persons is a relative who has responsibility for the support or care of one (1) or more of the dependent children, the household may comprise two (2) separate cash assistance cases and payments, provided the two (2) persons do not have a child in common (or the members of the household are not otherwise required to compose a single assistance unit). If the caretakers have a common eligible child, all members of the conjoint family must be consolidated into a single unit receiving one (1) payment.

B.Whenever there are two (2) cash assistance units in the same household, the standard level of payment applicable to the size of each assistance unit serves as the basis of need upon which separate cash assistance grants are established for each assistance unit.

2.18.4Children in Custody of DCYF

A.DCYF is responsible for children committed by the Family Court to its care or who are under that Department's voluntary or legal supervision or guardianship. Financial support is given through the Foster Care program when DCYF places the child with foster parents, a relative, or in a specialized group setting.

B.Children in Placement with Relatives. In situations where DCYF places a child with a relative other than a parent, the relative, if they meet the eligibility requirement of relationship, has a choice of applying for cash assistance for support of the child or receiving a Foster Care payment. The relative is advised by the DCYF worker of the amount of payment for which they would be eligible for the child and for themselves, including Medical Assistance, if eligible, compared to the amount of foster payment and Medical Assistance they would receive for the child only. A boarding payment is never made to the parent by DCYF.

2.18.5Minimum Monthly Payment

A.Pursuant to R.I. Gen. Laws § 40-5.2-16, no payment of cash assistance shall be made for any month if the amount of such payment would be less than ten dollars ($10.00).

B.Monthly Deficit Less Than Ten Dollars ($10.00)

1.If the monthly deficit in a cash assistance grant is less than ten dollars ($10.00) after eligibility is determined and appropriate income applied, no cash payment can be made for that month.

2.Families denied payment solely because of this limitation are considered recipients of cash assistance for all other purposes.

3.An adverse notice must be mailed at least ten (10) days prior to the effective date, informing the recipient that no cash payment can be made because the deficit is less than ten dollars ($10.00) per month but that eligibility for cash assistance continues.

4.In all other respects, except for a cash payment, this case remains an active case. This also includes those situations where payment is reduced to zero due to rounding, e.g., ninety-nine (99) cents rounded down to zero.

C.During the initial month, the family may only receive a partial payment of the appropriate standard. The payment amount is reduced in proportion to the number of days from the filing date until the end of the month. For proration purposes, a thirty (30) day standard is used as the number of days in each month.

D.Monthly Deficit Ten Dollars ($10.00) or More. If the monthly deficit is ten dollars ($10.00) or more, the payment is issued regardless of the amount. If the monthly deficit is less than ten dollars ($10.00) per month, no payment is issued as per regulations set forth above.

E.Changes in Family Composition or Income. Any changes in family composition, income, or resources must be acted upon by the Department representative within ten (10) days by updating the electronic eligibility system file. All pertinent eligibility and cooperation requirements must continue to be met.

2.18.6Post-Closure Employment Incentive Bonus

A.The family/assistance unit may be eligible for an incentive bonus,

1.If cash assistance closes,

2.The participant is working at least thirty (30) hours per week for a single-parent family or at least thirty-five (35) hours per week for a two (2) parent family at the time of closure, and

3.The participant remains employed at the standards listed in § 2.18.6(A)(2) of this Part.

4.This bonus is not to be issued in excess of a period of twelve (12) months.

B.Monthly reporting of income will be used to determine ongoing eligibility for this bonus.

C.It is especially noted that assignment of support rights, as described § 2.7.8 of this Part, will be terminated at closure and not reinstated during the period of receipt of a post-closure employment incentive bonus.

2.18.7Clothing Allowance

A.The clothing allowance is a once-a-year payment issued separately from the regular payroll for children residing in Rhode Island Works cash assistance families. The amount of the clothing allowance shall be determined subject to the amount appropriated for that purpose.

2.18.8Payment of Burial Expenses

A.When a member of a family active on cash assistance dies and the family requests payment to meet funeral and burial expenses, the Department representative determines from information in the case record whether any income or resources of the deceased or of legally liable relatives are available to meet burial expenses.

B.The Department representative records the pertinent information on a referral form and transmits it, attached to a copy of the most recent Application for Assistance, to the GPA Unit for determination of eligibility for payment to meet burial expenses. If eligibility exists, the GPA worker authorizes a payment through GPA funds pursuant to policy in § 3.24 of this Subchapter.

2.18.9Emergency Assistance

A.To the extent that the Department has allocated resources for this purpose, DHS may provide assistance to individuals in families who are RI Works recipients to meet certain emergency needs as defined within this Section which cannot be met with the cash resources available to the family. The emergency assistance will be limited to the lesser of actual cost or the amount of two hundred dollars ($200.00), and the expense will only be reimbursable if the Department has pre-approved the expenditure.

2.18.10Catastrophic Assistance

A.In the event of a catastrophe caused by fire, flood, lightning, severe wind, or other act of nature, DHS may authorize catastrophic assistance funds not subject to the two-hundred dollar ($200.00) limit specified in § 2.18.9 of this Part.

B.Compensable fire damage is further restricted to that caused by flame, smoke, and subsequent secondary water damage where there is damage to the dwelling. Furthermore, the incident must be reported immediately to the fire department. Other specific exclusions under any circumstances are destruction for which a landlord can be held responsible, willful destruction or willful neglect by the recipient or a member of their family, damage covered by insurance policies, and isolated mechanical or electrical failures where there is no secondary damage.

C.Emergency funds may be authorized for clothing for RI Works recipients or repair or replacement of essential household equipment and furnishings in the event of such catastrophe.

D.Whenever reasonable, repair of soot-, smoke-, and/or water-damaged items or of partially destroyed items of household goods or furnishings must be considered before replacement can be authorized.

E.Criteria for Catastrophic Assistance

1.Funds for clothing and/or essential household equipment and furnishings, if necessary, are provided in the event of a catastrophe, only if all of the following conditions are met:

a.To be considered, the incident must be reported immediately by the recipient to the Department at the district office.

b.The incident must be a catastrophe caused by fire, flood, lightning, severe wind, or other act of nature.

c.The catastrophe or disaster must have occurred at the address recorded in the case record. However, if it occurred at a different address, the recipient must demonstrate that they have moved and were living there prior to notifying the Department. Acceptable evidence of residence may include, for example, a moving bill or statement from a utility company attesting to the recipient's responsibility for service on the date and at the address in question. When the catastrophe occurred at an address other than the address of record, the facts of the situation along with verification of residence are presented to the RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor for a decision on whether this condition for emergency assistance has been met.

d.Coverage is limited to possessions of the recipient or those of other member(s) of the RI Works assistance unit.

e.Whenever possible, community resources must first be explored and utilized.

f.Whenever reasonable, a partially destroyed item of household goods or furnishings must be repaired rather than replaced. If replacement is required, the purchase of used items must be considered before funds for new items can be authorized.

g.Any repairs to the basic structure of a recipient-owned dwelling, such as roof, stairs, septic systems, plumbing, wiring, siding, etc., are specifically not covered regardless of the reason for the repair.

h.Thefts of clothing and household furnishings and equipment are specifically not covered.

i.If repeated emergencies occur for one case, or the circumstances are questionable, payment may be denied.

2.Department Responsibilities

a.The recipient must report the catastrophe immediately.

b.The Housing Services Unit is responsible for determining at once the need for immediate replacement of clothing which is provided through RI Works funds. If an individual recipient's clothing has been destroyed, funds for immediate replacement of clothing can be authorized up to the maximum of two hundred dollars ($200.00) per person.

c.The DHS worker is responsible for authorizing payments for replacement clothing through the eligibility system.

d.The housing worker is responsible for verifying and documenting the need for repair or replacement of essential household items.

e.A home visit to the site must be made within two (2) working days of the recipient's notification of the catastrophe to document the facts related to § 2.18.10 of this Part if repair or replacement of essential household items is requested.

f.A written report must be prepared by the housing worker for review by the RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor as the final approving authority for authorization of payment for such items. The contents of the report must follow the sequence of conditions or requirements listed in § 2.18.10(E) of this Part. It must contain firsthand information and documentation required to support and verify the recipient's request for repair or replacement.

g.A police or fire department official and any appropriate collateral source is contacted, and a written report requested to accompany the report to the RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor. If a written report cannot be obtained, an oral report will suffice, provided that the official's name, title, telephone number, and all relevant facts are recorded in a memorandum. Unless there is a delay in obtaining a police or fire report, the housing worker must submit her/his report within five (5) working days of the recipient's notification.

h.The report must also contain a statement signed by the recipient attesting to the circumstances of the catastrophe and the extent of the damage. Also required is a detailed list of damaged or destroyed major items of household equipment and furnishings by room, including an indication as to whether each item is to be obtained from a non-Department community resource, repaired, replaced with a used item, or replaced with a new item. If repair or replacement is indicated, only items contained in "Household Furniture and Furnishings Emergency Replacement List", a copy of which is in the possession of each RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor, can be replaced at Department expense. Items not on the list, such as a television or other entertainment equipment, are not replaced.

i.The maximum amount of catastrophic assistance which can be authorized for clothing per individual is two hundred dollars ($200.00). The housing worker may recommend that the Eligibility Technician authorize up to this amount, as necessary, less any amount previously authorized, if the individual recipient's clothing was destroyed.

j.The report should also include a brief narrative describing the immediate action taken (such as use of emergency shelter, the extent of any personal injury, whether hospitalization was required, etc.) and any other data needed to allow the RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor to further evaluate the situation and to better assist the recipient.

k.The RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor reviews the report and discusses it, if necessary, with the housing worker and determines the final amount of the payment.

l.Throughout the process, the Case Chronology in the eligibility system must be annotated by both the HSU representative and the Eligibility Technician in the electronic case record, as appropriate with the chronology of contacts and information relating to the catastrophe.

3.Denial of Catastrophic Assistance. If payment for catastrophic expenses is denied, the housing worker enters the denial in the electronic case record, including the reason for the denial.

2.18.11Moving Expenses

A.Emergency assistance for moving expenses is limited to payment of in-State moving expenses for families who are forced to move their place of residence. Acceptable instances of "forced to move" are situations which threaten the health and well-being of families, including but not limited to:

1.Fire/Natural disaster;

2.Uninhabitable housing;

3.Unsafe (substandard) housing;

4.Unsafe living conditions which include a situation where one's safety is threatened, (e.g., by a neighbor, and it can be documented by something such as a police report);

5.Lead hazard problems causing the housing to be unsafe;

6.Domestic violence;

7.Foreclosure (self-owned home);

8.Evictions;

9.Situations where the tenant has been asked to vacate;

10.Homelessness; or

11.Other situations/circumstances not otherwise delineated which: create an immediate threat to the family's safety and well-being, or can reasonably be expected to result in eviction within sixty (60) days.

B.Verification Criteria for Payment of Move

1.RI Works recipients must provide documentation of their need for emergency assistance for moving as follows:

a.Fire/natural disaster: a written report from a police or fire department official and/or any appropriate collateral source, such as the Red Cross;

b.Uninhabitable housing: a notice from the local code enforcement authority vested with the authority to issue such notice of a finding that the residence is unfit for inhabitation;

c.Unsafe (substandard) housing: memorandum from local code enforcement or DHS worker detailing such conditions. The memo must be approved by the Housing Unit Supervisor;

d.Unsafe living conditions: police report;

e.Lead hazard: Inspector's Report from the RI Department of Health;

f.Domestic violence:

(1)Through an assessment by the domestic violence advocate and/or DHS worker and one (1) of the following: a No Contact Order, a District Court Restraining Order, a Family Court Restraining Order; an Order of Protection or a Restraining Order from another State related to domestic violence; police report related to domestic violence; court records related to domestic violence; or medical records related to domestic violence; or

(2)Recommendation from a domestic violence advocate. Referral of the individual to the domestic violence advocate should be made in accordance with § 2.13 of this Part if the individual has not already been referred.

g.Foreclosure: letter of foreclosure from the mortgagor;

h.Eviction: notice and demand to vacate property, or court pleading initiating an eviction, or court order of eviction;

i.Situations where the tenant has been asked to vacate: letter from landlord demanding termination of tenancy;

j.Homelessness: letter from shelter or previously verified by DHS and bill or receipt from storage site/facility; and

k.Other situations/circumstances: the DHS worker within housing services unit (HSU) must document the circumstances and reasons in a memorandum, including any available appropriate supporting documentation to the RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor.

C.Authorization of Moves:

1.The Department reimburses the recipient for the incurred expense for an approved move up to a maximum of two hundred dollars ($200.00). It is the responsibility of the recipient to pay a vendor. The Department has no further responsibility to meet the moving expense.

2.The Department makes no provision to meet the cost of out-of-State moves. This prohibition may be waived by the RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor in unusual or exceptional circumstances.

3.A payment for a move will be issued only once in a twelve (12) month period unless:

a.The need for a move results from a fire or natural disaster, or

b.A waiver is granted by the RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor for unusual or exceptional circumstances based on a report by the HSU.

4.When a request for payment of a move is received by the DHS worker, they advise the customer to contact the housing worker.

2.18.12Protective Payments

A.Protective payments are payments made to an individual on behalf of a parent or caretaker relative to meet the needs of eligible children or families.

B.Minor Parents and Pregnant Minors. Cash assistance for eligible minor parents and their child(ren) and pregnant minors will be paid to the parent, legal guardian, or other adult relative on behalf of the minor parent, unless otherwise determined by the Department representative. Under the latter circumstance, when the minor resides in an adult-supervised supportive living arrangement, the payment may be made to the minor parent or pregnant minor.

C.Authorizing a Protective Payee

1.When it is established that a protective payment must be made, the Department representative refers the case to the appropriate Department representative to review the situation with the recipient and, with their consent and participation, if possible, select some appropriate and responsible person (other than the parent) to act as the payee on behalf of the parent and to pay the expenses of the family.

2.If after making all reasonable efforts, the Department is unable to locate an appropriate individual to whom protective payments can be made, the Department may continue to make payments on behalf of the remaining members of the assistance unit to the sanctioned caretaker relative.

D.The protective payee must update and co-sign the current Application for Assistance in the case file, and a notation added to the electronic case record. Only the pertinent information on the form relating to the eligible person(s) is to be completed.

E.Notification. A parent or caretaker relative is notified of the change to a protective payee as well as of their right to a hearing, if they are dissatisfied with the decision. If the recipient requests a hearing on the issue within the ten (10) days, the payment is continued to them until the hearing decision.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.19 Electronic Benefit Transfer (EBT)

2.19.1Electronic Benefit Transfer (EBT) Cards

A.Eligible RI Works Program families access their EBT cash benefits by using a RI EBT card along with a personal identification number (PIN). Recipients who receive both cash benefits and Supplemental Nutrition Assistance (SNAP) benefits receive one (1) RI EBT card to access both benefits. However, the benefits are maintained in separate EBT accounts.

B.EBT Card Issuance

1.An EBT card is issued to the applicant in the RI Works/SNAP case. In two (2) parent families, a card is issued to one (1) parent and another card may be issued to the other parent as an authorized payee.

2.RI EBT cards are issued in all RI Works Regional Field Offices and Supplemental Nutrition Assistance Program offices using special card embossing and PIN selection machines.

C.Personal Identification Number (PIN)

1.In order to use an RI EBT card, the cardholder must also use a secret four (4) digit number known as a personal identification number or PIN. The cardholder selects a PIN in the local office via special PIN encoding machines. For replacement RI EBT cards, the recipient may use the same PIN or select a new number.

2.Authorized payees must have their own RI EBT card and their own PIN. (See § 2.19.6 of this Part, EBT Cards for Authorized Payees.)

3.When using an RI EBT card, the cardholder is allowed four (4) attempts to enter the correct PIN. On the fifth (5th) try, the cardholder is locked out of the EBT system until the next day. However, the card is not confiscated by the ATM. Cardholders must call the Customer Service Help Line at 1-888-979-9939 for assistance.

D.Payment of EBT Cash Assistance

1.Payment of RI Works Program cash benefits through an electronic benefit transfer (EBT) system is authorized by R.I. Gen. Laws § 40-5.2-31. Cash benefits are credited to an EBT account in the recipient’s name by 5:00 a.m. on the first (1st) and sixteenth (16th) of the month including weekends and holidays.

E.Accessing EBT Cash Benefits

1.Recipients and authorized payees' access EBT cash benefits by using a plastic Rhode Island EBT card and their personal identification number (PIN). The RI EBT system provides access to cash benefits at bank, credit union, and retail store automated teller machines (ATMs) which display the NYCE logo.

2.Some retail establishments also provide access to cash accounts at point-of-sale (POS) terminals which display the QUEST logo. This service is called a cash back transaction and policies on its availability and limits on the amount of cash dispensed are set by the individual store. No fee is charged when cash benefits are accessed at POS terminals.

3.Each month, recipients can make a total of two (2) free cash withdrawals from ATMs. For each additional ATM cash withdrawal in the month, a fee of forty-five (45) cents is charged. The fee is automatically deducted from the recipient's cash benefit account.

4.Disputes regarding recipients’ EBT cash account balances are handled by the EBT Customer Service Help Line at 1-888-979-9939.

2.19.2Restrictions on Use of EBT Cash Benefits

A.Pursuant to 45 C.F.R. § 264, it is prohibited for a TANF recipient to use their TANF cash assistance benefits received under RI Works, R.I. Gen. Laws Chapter 40-5.2, in any electronic benefit transfer transaction (EBT) in:

1.Any liquor store; or

2.Any casino, gambling casino, or gaming establishment; or

3.Any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.

B.The Department works with the EBT contractor to block the use of the EBT card in these restricted establishments.

C.Definitions – (For purposes of above.)

1.“Liquor store” means any retail establishment which sells exclusively or primarily intoxicating liquor. Such term does not include a grocery store which sells both intoxicating liquor and groceries including staple foods (within the meaning of § 3(r) of the Food and Nutrition Act of 2008 (7 U.S.C. § 2012(r)).

2.“Casino", "Gambling Casino", or "Gaming Establishment" – the terms "casino", "gambling casino", and "gaming establishment" do not include:

a.A grocery store which sells groceries including such staple foods and which also offers, or is located within the same building or complex as, casino, gambling, or gaming activities; or

b.Any other establishment that offers casino, gambling, or gaming activities incidental to the principal purpose of the business.

3.“Adult-oriented entertainment” refers to any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment, also known as “strip clubs.” Further clarification of these retail establishments includes venues that prohibit the entrance of minors under the age specified by State law.

4.“Electronic benefit transfer transaction” means the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service.

2.19.3Penalties for Using EBT at Restricted Locations

A.Any person receiving cash assistance through the RI Works Program who knowingly uses an EBT card in violation in § 2.19 of this Part in an establishment that has not blocked the restricted transaction, shall be subject to the following penalties:

1.For the first (1st) violation, the household will be sent a warning that a prohibited transaction occurred;

2.For the second (2nd) violation, the household will be charged a penalty in the amount of the EBT transaction that occurred at the prohibited location;

3.For the third (3rd) and all subsequent violations, the household will be charged a penalty in the amount of the EBT transaction that occurred at the prohibited location and for the month following the month of infraction, 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 utilized the EBT card in a restricted location. For a family size of two (2), the benefit reduction due to noncompliance with use of EBT at a restricted location shall be computed utilizing a family size of three (3), in which the parent's portion equals one hundred five dollars ($105.00).

B.All actions pertaining to the collection of penalties/outstanding claims described in this Section are handled by the Collections, Claims and Recoveries Unit (CCRU) of the Department of Human Services (refer to www.DHS.ri.gov for contact information).

2.19.4 Fair Hearing Request

A.If an individual believes that the intended action regarding usage of EBT cash at restricted locations is incorrect, they may request a hearing before the Executive Office of Human Services 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 their authorized representative in accordance with Part 10-00-1 of this Title.

2.19.5 Replacement of EBT Cash Benefits

A.EBT cash benefits which are accessed using an RI EBT card and personal identification number (PIN) are not replaced.

B.It is the responsibility of the recipient or authorized payee to keep the RI EBT card and PIN safe from unauthorized use and to immediately report lost or stolen cards to the EBT Customer Service Help Line. Their customer service representative changes the status of the card from "valid" to "lost" or "stolen" thereby protecting any unused benefits.

2.19.6Lost, Stolen, or Damaged EBT Cards

A.Cardholders must report lost, stolen, or damaged RI EBT cards to the EBT Customer Service Help Line. A Customer Service Representative invalidates the card thereby protecting the unused benefit amounts. If someone uses the card before its status has been changed, the benefits cannot be replaced.

B.No fee is charged for the replacement of any lost, stolen, or damaged RI EBT card. Cardholders may request a new card by contacting the local DHS office. Replacement RI EBT cards are mailed by noon the next business day after the authorization file has been successfully transmitted. Arrival of the card should be within three (3) to five (5) business days.

C.In certain circumstances, an EBT card may be provided at the local DHS office. The DHS worker is responsible for determining the instances when it is necessary to provide an emergency EBT card at the office.

D.Emergency circumstances that are beyond a household member's control and necessitate an emergency in-office issuance of an EBT card include, but are not limited to:

1.A catastrophe caused by fire, flood, or a severe weather condition;

2.Lost or stolen mail confirmed by the Postal Service;

3.Unanticipated household emergency;

4.Domestic violence situation; or,

5.Homelessness

E.Cardholders who request four (4) or more replacement EBT cards within a twelve (12) month period will be referred to the Office of Internal Audits investigation of misuse or abuse of the EBT card. Documented violations will result in the following:

1.Recovery through recoupment/restitution (See § 2.24.4 of this Part for policy relating to establishing and collecting claims against households); and/or

2.Referral for criminal prosecution.

2.19.7EBT Cards for Authorized Payees

A.An authorized payee is a person given permission by the recipient to act on his/her behalf in withdrawing or debiting RI Works cash benefits from the EBT cash account.

B.If the same individual is acting as both an authorized payee for the family's RI Works cash benefits and as an authorized representative for the household's Supplemental Nutrition Assistance benefits, only one (1) EBT card is issued.

C.Recipients may cancel their authorized payee/authorized representative at any time by calling the Customer Service Help Line at 1-888-979-9939. Customer Service immediately cancels the authorized payee's/authorized representative's access to the family's benefits. However, recipients retain uninterrupted access to their benefits.

2.19.8Stale EBT Cash Accounts

A.Cash benefits which have not been accessed for a period of ninety (90) days or more will be purged from the EBT account. Access to the account is specific to withdrawal activity. Inquiring against an outstanding benefit does not constitute access to the account.

B.Written notification of an intended action to purge cash benefits from a family's EBT account must be provided at least ten (10) days prior to the date of the action.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.20 Budget Methodology

2.20.1Prospective Budgeting

A.In the process of determining eligibility for and the amount of RI Works cash assistance, prospective budgeting is used. Eligibility is established based on the knowledge and reasonable expectation of what income and circumstances will exist in the month for which a payment is authorized. The Department representative must determine all factors of eligibility prospectively for all payment months.

B.Two (2) separate actions must always take place in determining eligibility:

1.A current determination of all factors of eligibility is made.

2.If the case is found eligible, the amount of the grant for the payment month is calculated using the prospective method.

C.The prospective budgeting method is used to determine the income which will exist during the period of eligibility for cash assistance under the RI Works Program. This means that weekly income for these cases is converted to a monthly amount using the 4.3333 weeks per month conversion method.

D.The projected estimate of income is valid for the following periods:

1.Between the initial determination of eligibility and redetermination;

2.Between redeterminations;

3.Following a change in income or circumstances which is

a.Reported by the recipient or

b.Discovered by the Department.

2.20.2Authorizing Assistance

A.Benefits are issued on the first (1st) and the sixteenth (16th) of each month. The Department representative updates appropriate data in the electronic eligibility system and approves new versions of eligibility in order to effect changes for the next effective date.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.21 Changes to Household

2.21.1Reporting Changes

A.New Household Member. A new household member joining a household may qualify for assistance from the RI Works program. The date the Department is notified of the addition of the family member constitutes the official application date for that member.

B.An Application for Assistance need not be completed for a new member being added to the unit, but the electronic case record must be updated to reflect the request for assistance for the member and the date it was made. The DHS worker adds or revises the electronic case record with the new member's information and approves any retroactive and current versions of eligibility.

C.Change in Financial Need. Financial need is subject to change whenever there is a change in the family composition, income, or resources. Other changes can affect eligibility, some of which the Department may be aware in advance and others which are unexpected and the Department can learn about only when the recipient or another source makes the information known.

D.When it is known, or presumed, that income, resources, family size, or other circumstances will change at a specific time, the Department representative must review the situation promptly and take appropriate action in a timely manner.

2.21.2Reporting Requirements

A.In the initial contact with the DHS, and generally in any subsequent contacts, the adult family members are made aware of their responsibility to report any changes in income, resources, family composition, or other factors which can affect eligibility or payment level, within ten (10) days of the change in circumstances with the following exception:

1.Whenever an adult family member(s) becomes aware that a minor child in their 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 that begins with the date that the adult family member(s) becomes aware that the minor child has been or will be absent from the home for a period of thirty (30) or more consecutive days.

B.Ten (10) Day Reporting Requirement. The following changes must be reported by the household within ten (10) days of the change occurring:

1.Changes in sources of income, including starting or stopping a job or changing jobs, if the change in employment is accompanied by a change in income;

2.Changes in the amount of gross monthly earned income of more than one hundred dollars ($100.00) from the amount last used to calculate the household's allotment;

3.Changes in the amount of unearned income of more than fifty dollars ($50.00), except for a change in TANF or GPA cash assistance;

4.All changes in household composition, such as the addition or loss of a household member;

5.Changes in residence;

6.Acquisition of a licensed vehicle not excluded under § 2.14 of this Part; and

7.When cash on hand, stocks, bonds, and money in a bank account or savings institution reach or exceed a total of five thousand dollars ($5,000.00).

C.Furthermore, families receiving cash assistance as a supplement to earned income must report such earned income in the sixth (6th) month of each certification period.

2.21.3Change Reporters

A.Each assistance unit is advised that it is considered a change reporter and must adhere to the change reporting requirements set in § 2.21.2 of this Part

B.The assistance unit should have access to the Change Report Form at all times. The Department provides a Change Report Form to each assistance unit as follows:

1.At the certification interview;

2.At the redetermination interview, if the assistance unit needs a new form; and

3.Whenever a Change Report Form is received in the mail, a new form is mailed to the assistance unit.

C.Although assistance units are encouraged to complete and return the Change Report Form when a change is being reported, changes reported over the telephone or in person by the assistance unit are acted on in the same manner as those reported on the Change Report Form.

D.All circumstances and income received or anticipated to be received are used to determine eligibility for and to calculate the amount of the TANF benefit. Data from applications and other documents are entered into the electronic eligibility system. Following initial approval, the payment for each month thereafter is calculated based on the projected circumstances until a change is reported or discovered. When a change occurs, appropriate data in the electronic eligibility system is updated by the Department representative, eligibility approved, and notices issued as appropriate.

2.21.4Action on Changes

A.The Department is required to take prompt action (within ten (10) days of the reported change) on all changes to determine whether the change affects the family's eligibility or benefit amount. This includes, but is not limited to, updating appropriate data in the electronic eligibility system, approval of changes to eligibility, and the automatic issuance of notices through the eligibility system based on the reported change.

B.If there is no change in the payment, the Department representative documents the reported change in the electronic case record.

C.If the reported change affects the family's eligibility or benefit amount, the family is notified of the adjustment. The Department representative also advises the customer of any additional verification requirements that are needed.

D.If the change results in an increase to benefits but the Department representative fails to take action within ten (10) days of the date of the reported change, the benefits lost due to the failure of the Department to act timely are restored and provided to the household.

2.21.5Increases and Decreases in TANF Benefit

A.Increases to the TANF Benefit

1.Changes which result in an increase in a family's benefits due to, for example, the addition of a new family member or a decrease in the family's income, the Department makes the changes effective no later than the first (1st) payment issued ten (10) days after the date the change is reported. However, in no event must these changes take effect any later than the second (2nd) payroll following the date the change is reported.

2.If the change is reported too late for the Department representative to adjust the following benefit issuance, they must issue a supplementary payment to the family.

B.Decreases to the TANF Benefit

1.If the household's benefit level decreases or the family becomes ineligible as a result of a change, the Department must issue a notice of adverse action (See § 2.31.1 of this Part) within ten (10) days of the date the change was reported.

2.When a notice of adverse action is used, the decrease in the payment must be made no later than the next payroll following the date in which the notice of adverse action period has expired, provided a hearing and continuation of benefits have not been requested.

2.21.6Failure to Report Changes

A.No supplementary benefits shall be authorized when a customer fails to report in a timely manner any change which increases benefits.

B.If the Department representative discovers that the family failed to report a change as required and, as a result, received benefits to which it was not entitled, the Department representative determines the overpayment and refers the case to the CCRU in accordance with § 2.24.4 of this Part.

2.21.7Acknowledgment of Customer Understanding

A.When the customer notifies the Department directly, either by phone or in person, of a change in circumstances, the Department representative must discuss with the customer the effect that this change will cause and request an acknowledgment, in writing, that the customer understands that this will result in the discontinuance or reduction of the assistance.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.22 Interim Reporting

A.All RI Works households are subject to Interim Reporting requirements.

B.Household composition and financial circumstances at the time of application will be the basis of the RI Works benefit amount for the first (1st) half of the certification period unless the household reports a change during the certification period before the Interim Report period. The household composition and financial circumstances reported on the Interim Report will be the basis of the RI Works benefit amount for the remainder of the certification period unless the household reports additional changes following the filing of the Interim Report.

2.22.1Household Responsibilities

A.In the fifth (5th) month of certification, households subject to Interim Reporting will receive an Interim Report form in the mail. Households must complete the form in its entirety and mail the form along with the required verifications back to the Department by the fifth (5th) day of the sixth (6th) month of certification.

B.Any responsible household member or authorized representative may complete the Interim Report. At the household's request, the Department can assist the household in completing the report. A household that submits an Interim Report by the fifth (5th) day of the sixth (6th) month of the certification period is considered to have made timely report. Failure to return the Interim Report form will result in closure of RI Works benefits.

2.22.2Department Responsibilities

A.Upon receipt of an Interim Report, the worker shall review the report; determine if any additional information is needed; contact the household as needed to obtain further information or verification (giving the household at least ten (10) days to provide information), and determine eligibility and benefits for the remainder of the certification period.

B.If a household fails to return the Interim Report form by the fifth (5th) day of the sixth (6th) month of the certification period, the Department must send a warning notice to the household. The household will have ten (10) days from the date of mailing to return the Interim Report form, along with all the necessary verifications, or the case will auto-close by the end of the sixth (6th) month of the household's certification period.

C.The Department must assess the returned Interim Report form for completeness (including the necessary verifications). If the Interim Report is incomplete or lacks required verifications of reported changes, the Department must send a request for any missing verifications, or return the original Interim Report form back to the household if it is not complete. The household will have ten (10) days to supply the missing information, verification, or to complete the form.

2.22.3Interim Report Verification Requirements

A.If a household marks "no change" on the Interim Report form, the report is considered complete.

B.In order to determine eligibility for the second (2nd) half of the household's certification period, the household must provide the following verification:

1.Changes of more than fifty dollars ($50.00) in unearned income (excluding changes in public assistance or general assistance programs);

2.Changes in the source of income;

3.Changes in either:

a.The wage rate, salary, or full-time or part-time employment status; or

b.The monthly earned income (including but not limited to rental income, room and board income, daycare income, and business income) if the difference is greater than one hundred dollars ($100.00) from the amount used to calculate benefits;

4.Changes in household composition;

5.Changes in residence and resulting changes in shelter costs, including changes in subsidized housing;

6.Changes in legally obligated child support payments;

7.Acquisition of a non-excludable vehicle; and

8.Verification of Resources is required as follows, based on program limits:

a.RI Works – Over three thousand dollars ($3,000.00) and up to five thousand dollars ($5,000.00). Resources less than three thousand dollars ($3,000.00) can be self-attested to as long as there is no questionable discrepancy.

C.If verification of changes in earned or unearned income is not provided, benefits shall be terminated.

D.If the household fails to provide sufficient information or verification regarding a deductible expense (dependent care for a child, an elderly or disabled adult, or reported expenses for the household) the following applies:

1.A request for the missing documentation is sent to the household;

2.If the household does not respond within the ten (10) day timeframe with the required documentation to support a change, the case continues to be processed using the existing verified deductions in the case record, for the certification period under review, to calculate benefits.

E.Reports of a decrease in a deduction are changed without required verification.

2.22.4Incomplete Interim Report Form

A.An Interim Report form is incomplete if:

1.The head of household, responsible household member or Authorized Representative has not signed the form;

2.The household fails to submit verification of changes in earned income, changes in unearned income, or residency; or

3.The household fails to provide information needed to determine eligibility or benefit level.

B.If a household fails to provide verification of a deductible expense, there is no need to request verification because the household is not required to receive a deduction.

C.If a household fails to return the Interim Report form or the required verifications within the appropriate timeframe, the case will auto-close by the end of the sixth (6th) month of the household's certification period.

2.22.5Reinstatement of Benefits

A.If an eligible household files a complete Interim Report after the case has been closed, but before the end of the report month (month in which the report is due), the Department shall reopen the case without requiring the household to file an application and shall approve benefits no later than ten (10) days after the household normally receives benefits.

B.If a household files a complete Interim Report after the end of the report month but before the end of the month following the month in which it was due, the Department shall reinstate assistance and, if otherwise eligible, approve benefits within thirty (30) days from the date the Interim Report is received. Benefits for the month shall not be prorated and the household shall not be required to file a new application.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.23 Redeterminations

2.23.1Purpose

A.In addition to the change reporting requirements outlined in § 2.21.2 of this Part for all recipients, a redetermination of eligibility is completed whenever a significant change is expected to occur that may affect a family's eligibility and at least once every twelve (12) months to ensure that eligibility for assistance continues and that the payment is correct.

2.23.2Process

A.The eligibility system stores the next redetermination date for each active case. One (1) month before the month in which the case is due to be reviewed. a redetermination report is distributed to the field.

B.The Department sends out the Redetermination packet which consists of the following:

1.Redetermination Appointment Letter,

2.Application for Assistance, and

3.Other informational material, as appropriate.

2.23.3Required Appointment

A.The Department representative responds to any request from the recipient for assistance in completing the redetermination of eligibility. This help may be given by telephone or may be completed during the scheduled office or home visit, whichever is most appropriate. The redetermination should be completed by the recipient. The Redetermination Appointment Letter indicates the time and location of the appointment, location can be in person or telephonically. The letter refers the recipient to the application for a list of documents that should be brought to the appointment.

B.An interview is required with each customer filing the application in order to review it with them and to determine continuing eligibility for assistance. The telephonic interview process may be utilized to assist in the completion of the interview. See § 2.3.1 of this Part for further instruction.

C.The same process for reviewing the original application and determining initial eligibility is followed in any application(s) or redetermination.

D.The information on the Family Violence Option sheet should be reviewed with the recipient so that they are re-informed that they may be excused from certain RI Works requirements under this option if meeting these requirements puts the applicant or their children at risk of domestic violence.

E.Information on the original application which was previously documented and not subject to change, such as birth certificates, marriage and divorce documents, should not be re-documented unless there is a discrepancy noted between the redetermination application being reviewed and the original application(s) previously filed.

F.Bankbooks, wage stubs, verification of residence, and all other information subject to change must be verified again through documents at each redetermination, and the source of verification entered in the shaded area of the application next to the item.

2.23.4Required Appointment Not Kept

A.If the recipient does not keep the redetermination appointment or call to reschedule, they are notified that the payment will be discontinued. A notice of discontinuance is issued through the eligibility system stating:

1.That the assistance payment is being discontinued because of failure to keep the redetermination interview appointment;

2.That the filing of the application is necessary in order to determine continued eligibility; and

3.The effective date of discontinuance.

B.A copy of the notice is stored in the eligibility system. The action is noted in the electronic case record.

2.23.5Completion of Redetermination

A.The DHS worker updates appropriate information into the recipient's case in the eligibility system. They approve any subsequent versions of eligibility. The eligibility system issues an adequate and timely notice to the recipient, as appropriate. Any changes in circumstances or anticipated changes are noted in the electronic case record.

B.If a potential resource is expected in the future, the DHS worker sets up a reminder of the anticipated change so that proper activity about the resource can be initiated and completed on time.

C.A RI Works program cash payment must be discontinued whenever it is determined that need no longer exists. A notice of discontinuance is issued through the eligibility system at least ten (10) days prior to the effective date of discontinuance.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.24 Error Cases

2.24.1Types of Error Cases

A.Department Error. An Department error is any overpayment caused by the Department's action or failure to take action. Overpayments caused by Department error are considered non-fraud. Instances of Department error which may result in a claim include, but are not limited to, the following:

1.The Department failed to take prompt action on a change reported by the household;

2.The Department incorrectly computed the household's income or deductions, or otherwise assigned an incorrect allotment resulting in an incorrect benefit; or

3.The Department continued to provide a household benefits after its certification period had expired without benefit of a reapplication determination.

B.Client Error. Overpayments caused by, but not limited to, the following household errors are considered non-fraud (inadvertent):

1.A payment was issued pending a fair hearing decision adverse to the recipient;

2.A payment was issued solely due to ten (10) day notice requirements even though the recipient was ineligible for the assistance; or

3.An overpayment resulting from a misunderstanding or unintended error on the part of the household.

2.24.2Establishing Claims Against Households

A.Instances of errors which may result in a collection include, but are not limited to, the following:

1.The household unintentionally failed to provide the Department with correct or complete information;

2.The household unintentionally failed to report to the Department changes in its household circumstances; or

3.The household unintentionally received benefits, or more benefits than it was entitled to receive, pending a fair hearing decision because the household requested a continuation of benefits based on the mistaken belief that it was entitled to such benefits.

B.The following individuals are responsible for paying a claim:

1.Each person who was an adult member of the household when the overpayment occurred.

2.If a change in household composition occurs, the Department may pursue collection action against any household which has a member who was an adult member of the household that received the over issuance;

C.DHS may also offset the amount of the claim against restored benefits owed to any household which contains:

1.A member who was an adult member of the original household at the time the over issuance occurred;

2.A sponsor of a non-citizen household member if the sponsor was at fault; or

3.A person connected to the household, such as an authorized representative, who actually caused the overpayment.

2.24.3Underpayments

A.Correction of Underpayment. The appropriate Department representative corrects the underpayment as soon as possible, but not later than thirty (30) days after discovery of the underpayment, to a current recipient or one who would be a current recipient had the error causing the underpayment not occurred.

B.Underpayments Discovered After Case Closure

1.Past RI Works recipients currently active in another DHS program will receive a supplement through a DHS worker.

2.Past recipients closed to DHS will receive a letter from DHS addressed to the head of household known to DHS at the time the underpayment occurred requesting response to correct the underpayment.

C.Retroactive Corrective Payment. A retroactive corrective payment is not considered income, nor is it considered a resource in the month received or in the following month.

D.Current Recipients. The correction of underpayment errors to current recipients is required regardless of when the underpayment occurred. There is no time limit for correcting an underpayment.

E.Underpayment and Overpayment in Same Month. In cases involving an underpayment and an overpayment in the same month, the Department representative must factor in both in determining what the correct payment should have been. If an underpayment still exists, it is promptly corrected.

F.Method of Payment. An underpayment is corrected by first entering the correct information in the electronic case record to reflect the actual income, resources, or household circumstances during the period of the underpayment. The Department representative then approves the deficit payment through the eligibility system.

2.24.4Overpayments

A.Recovery of Overpayments

1.Recovery of overpayments from current or former recipients is required regardless of when the overpayment occurred.

2.An overpayment may result from either an Department or a customer error. To determine the net overpayment amount, the gross overpayment must be reduced by the amount of any child support collected and retained by the Office of Child Support Services, over and above the payment the recipient should have received (see § 2.15 of this Part).

B.DHS must initiate collection action against the household on all customer or Department error claim referrals unless the claim is collected through offset, or one (1) of the following conditions applies:

1.The amount of the claim referral is less than thirty-five dollars ($35.00), and the claim cannot be recovered by reducing the household’s allotment. This threshold does not apply for overpayments discovered through Quality Control.

2.The Department has documentation which shows that the household cannot be located.

2.24.5Underpayment and Overpayment in Same Month

A.In cases involving an underpayment which has not yet been restored and an overpayment in the same month, the Department representative must factor in both in determining what the correct payment should have been. If an underpayment still exists, it is promptly corrected.

1.The amount of the under issuance must be used to offset the claim.

2.If an overpayment still exists, the referral is made to the Collections, Claims and Recoveries Unit (CCRU) to institute collection for the remaining balance.

3.When there is any restoration of lost benefits which is used to offset an established claim, the balance of the claim is reduced by the amount of the offset through the eligibility system.

4.CCRU will initiate under issuance payments identified while researching a claim for overpayment.

5.All actions pertaining to the collection of outstanding claims in the TANF Program are handled by the Collections, Claims and Recoveries (CCRU) Unit of the Department of Human Services.

2.24.6Determining Initial Month of Over-Issuance

A.In all inadvertent household error or agency error claims, the first (1st) month of over issuance is the month the change would have been effective had it been reported in a timely manner with allowance for the adverse action timeframes. In no instance, however, is the first (1st) month of over issuance any later than two (2) months from the month in which the change in household circumstances occurred.

B.Determining Initial Month

1.Failure to Report Change Within Ten (10) Days. If the household failed to report a change in its circumstances within ten (10) days of the date the change became known to the household, the first (1st) month affected by the household's failure to report is the first (1st) month the change would have been effective had it been reported in a timely manner.

2.Change Reported Timely

a.When a household reports the change on time, but the Department representative does not act on the change in a timely manner, the first (1st) claim month is still the first (1st) month the change would have been effective.

b.If the Notice of Action was required but not sent, the Department representative assumes, for the purpose of calculating the claim, that the maximum advance notice period would have expired without the household requesting a hearing.

3.Benefits Issued Pending Hearing Decision. If a household requests the continuation of benefits pending a fair hearing decision, and receives an over issuance because its position is not sustained by the hearing decision, the first (1st) month of over issuance is the month that the change would have been effective had the household not asked for the continuation of benefits.

2.24.7Calculation of the Claim Referral

A.The field representative determines the correct amount of benefits the household should have received for those months the household participated while the over issuance was in effect.

B.The Department representative determines that amount for active cases as follows:

1.The correct information is entered in the appropriate months in the electronic case record to reflect the actual income, resources, or household circumstances during the period of the overpayment;

2.The retroactive eligibility is approved for the month(s) affected; and

3.The circumstances pertaining to the overissuance is recorded in the electronic case record.

2.24.8Reasonable Effort to Pursue Recovery

A.If the amount of the overpayment is more than thirty-five dollars ($35.00) and owed by a former recipient (§ 2.24.1 of this Part) in a non-fraud case, the Collections, Claims and Recoveries Unit (CCRU) Unit determines by a reasonable effort if it is cost effective to pursue recovery efforts.

1."Reasonable effort" requires minimally that a repayment request be sent to the former recipient.

2.If they fail to respond, CCRU must consider if the cost of collecting the overpayment is likely to equal or exceed the amount of the overpayment, and what degree of effort is within the bounds of cost effectiveness.

3.If a former recipient subsequently becomes active within three (3) years, recovery is initiated regardless of the overpayment amount.

B.Every effort must be made to recover any overpayment amount in cases of court-determined fraud. The Department must take all reasonable steps necessary to promptly correct any overpayment.

C.Prompt recovery of an overpayment means the Department representative must initiate action by the end of the quarter following the quarter in which the overpayment is first identified to recover the overpayment from an active recipient.

D.In closed cases, the CCRU must initiate action to locate a former recipient and/or recover the overpayment from them.

E.Mandatory recovery of overpayments includes an overpayment resulting from assistance paid pending a hearing decision where the recipient receives an adverse hearing decision. Only the portion of cash assistance paid relating to the disputed issue is recoverable.

F.Any recovery of an overpayment to a current assistance unit must be made through repayment (in part or in full) by the following:

1.through the individual recipient responsible for the overpayment;

2.by reducing the benefit amount of assistance payable to the assistance unit of which they are a member; or both.

G.If recovery is not possible from the individual responsible, the CCRU representative determines whether to recover from:

1.Any assistance unit which has a member who was an adult member of the assistance unit that received the overpayment (was age eighteen (18) or older – excluding minor heads of households); or

2.Any individual members of the overpaid assistance unit, who were adults at the time the unit received the overpayment, whether or not current recipients.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.25 Overpayments to Non-Citizens

2.25.1Sponsor Responsibility

A.Any individual who sponsors a non-citizen and the non-citizen who was an adult at the time of the overpayment are jointly and severally liable for any net overpayment of aid made to the non-citizen after the individual’s entry into the United States, if the overpayment resulted from the sponsor's failure to provide correct information during the determination of non-citizen sponsorship liability.

B.A sponsor is a person who signs an affidavit or other statement accepted by the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services as an agreement to support an individual as a condition of that individual's admission for permanent residence in the United States.

C.The Department representative refers the case to the CCRU to initiate recovery against the sponsor when it is determined that the sponsor is responsible for the overpayment.

2.25.2Good Cause

A.When a sponsor is found to have good cause for not providing information to the Department, the sponsor is not held liable for the overpayment and recovery is not to be made from the sponsor.

B.The non-citizen is still liable for the repayment and is not exempted when the sponsor has good cause.

C.Good cause exists when:

1.Correct information on income or resources was given by the sponsor to the non-citizen and was misrepresented to the Department representative by the applicant.

2.Correct information on income or resources was given by the sponsor and was incorrectly calculated by the Department representative.

3.Information supplied to the sponsor by a third (3rd) party is incorrect, e.g., the sponsor's spouse reports incorrect information on their resources.

D.Liability for Repayment. Overpayments for which the sponsor and the non-citizen are liable shall be repaid in accordance with procedures outlined in this Section. If repayment cannot be accomplished through the methods specified, future TANF program benefits to which the non-citizen and/or the sponsor may be entitled are subject to recovery.

2.25.3Recovery's Effect on Eligibility

A.If through recovery the amount payable to the assistance unit is reduced to zero (0), members of the assistance unit are still considered recipients of the TANF program.

B.Whenever a payment is reduced below the minimum ten dollar ($10.00) payment level due to recovery of an overpayment, the amount still due the recipient must be issued.

C.In situations where there is an outstanding overpayment in a case and no regular monthly payments have been made because the amount is under the ten dollar ($10.00) minimum payment, the amount not paid cannot be used to offset the overpayment. There must be a monthly cash payment to recover an overpayment.

2.25.4Methods of Recovery

A.The recovery methods specified are predicated on the existence of a net overpayment to be recovered as described below.

1.Grant Reduction. The Department recovers any overpayment from current recipients, who were adults at the time of the overpayment, by grant reduction unless the Department first accepts either total or partial recovery, with any balance owed repaid through grant reduction. Any initial repayment made in a local office by the recipient must be forwarded to:

DHS Financial Management

LP Building #57, 3rd Floor

25 Howard Ave.

Cranston, RI 02920

2.The recipient is given a receipt and advised that the remainder of the overpayment will be recovered by grant reduction.

3.Recovery Rate. The grant reduction recovery rate for all active cases is ten percent (10%) of the monthly standard of assistance or up to the amount of the payment if it is less than the standard of assistance.

4.Direct Repayment. Former recipients and recipients who receive no payment because the deficit is less than the ten dollar ($10.00) minimum payment make repayments directly to the CCRU from their income or resources. Further discussion will be made in the procedural transmittal.

5.Setoff of State Personal Income Tax Refund. Further discussion will be made in the procedural transmittal.

6.Pursuant to R.I. Gen. Laws Chapter 44-30.1, DHS may recover overpayment of cash assistance benefits through setoff of the individual's State personal income tax refund.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.26 Compromising Claims

A.The CCRU may compromise a claim or any portion of a claim if it can reasonably be determined that a household’s economic circumstances dictate that the claim will not be paid in three (3) years.

B.The full amount of the claim (including any amount compromised) may be used to offset benefits owed to the household.

C.Any compromised portion of a claim may be reinstated if the claim becomes delinquent.

D.Office of Internal Audits reference.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.27 Terminating and Writing-Off Claims

A.Terminated Claim. The definition of a terminated claim is one which all collection action has ceased.

B.Written-Off Claim. The definition of a written-off claim is a claim that is no longer a receivable subject to the State Department.

C.Reinstatement. A terminated and written-off claim may be reinstated if a new collection method or a specific event (such as winning the lottery) substantially increases the likelihood of further collection.

D.Invalid Claim. If a claim is determined to be invalid, the claim must be discharged and reflected as a balance adjustment rather than a termination unless it is appropriate to pursue the overpayment as a different type of claim.

E.Claims must be terminated and written off, when:

1.All adult household members are deceased;

2.It is not cost effective to pursue the claim any further;

3.The claim is delinquent for three (3) years or more, unless it is planned to pursue the claim through the State Tax Offset Program or

4.The household cannot be located.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.28 Methods of Collecting Claims

A.The Department may collect payment for claims using one (1) of the following methods.

1.Reducing benefits prior to issuance, including allotment reduction and offsets to restored benefits;

2.Deducting benefits after issuance from electronic benefit transfer (EBT) accounts with the customer’s written permission;

3.Accepting cash payments, including cash, checks, money orders, and credit or debit cards;

4.Participation in the State Tax Offset Program.

B.Any payment for a claim is accepted whether it represents full lump sum repayment or partial payment.

C.The Department accepts installment payments made for a claim as part of a negotiated repayment agreement for non-participating households.

2.28.1Reduction in Benefit Allotment

A.CCRU will automatically collect payments for any claim by reducing the amount of monthly benefits that a household receives. The amount reduced is limited to ten percent (10%) of the household's monthly allotment.

B.The Department shall not reduce the initial allotment when the household is first certified.

C.The Department will not use additional collection methods against individuals in a household that is already having its allotment reduced unless the household voluntarily makes additional payments.

2.28.2Benefits from EBT Accounts

A.A household is allowed to pay its claim using benefits from its EBT account. However, the following requirements must be met:

1.For collecting from active or reactivated EBT accounts, written permission must be obtained in advance;

2.The agreement must include:

a.A statement that this collection activity is strictly voluntary;

b.The amount of the payment;

c.The frequency of the payments (i.e., whether monthly or one-time only);

d.The duration of the agreement; and

e.A statement that the household may revoke this agreement at any time.

2.28.3Over-Payment of a Claim

A.If a household has overpaid a claim, the Department must pay the household any amounts overpaid as soon as possible after the overpayment becomes known. The household is paid by whatever method the Department deems appropriate, considering the household's circumstances.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.29 Notice Requirements

2.29.1Notice of Adverse Action

A.A decision on continuing eligibility (prospectively) must be made as soon as it becomes known that a change in a family's income, resources, and/or circumstances will affect the payment.

B.When it is determined that a change in the recipient's circumstances will result in a reduction, suspension, or discontinuance of a payment, the recipient must be notified by issuing a notice of adverse action at least ten days prior to the effective date.

C.The notice must contain:

1.The reason for the proposed action and the Department policy which requires the action;

2.An explanation of the opportunity to discuss the action with the DHS worker authorizing the discontinuance, suspension or reduction in payment;

3.An explanation of the opportunity to have an Adjustment Conference with the Supervisor;

4.An explanation of the provision for continuance of the payment for recipients, including those in a hardship extension, if a hearing is requested within the ten day period of the date of the notice (continuance of benefits is not available for applicants for RI Works benefits or for applicants in a hardship extension); and

5.An explanation of the opportunity to request a hearing within thirty (30) days of the date of the notice, along with the "Request for a Hearing" form.

2.29.2When Timely Notice Not Required

A.Where timely notice is not required, an adequate notice must be sent not later than the date of action when:

1.The Department has factual information confirming the death of a recipient or of the payee when there is no relative available to serve as new payee;

2.The Department receives a clear written statement signed by a recipient that they no longer wish assistance, or that gives information which requires discontinuance or reduction of assistance, and the recipient has indicated, in writing, that they understand that this is the consequence of supplying such information;

3.The recipient has been admitted or committed to an institution;

4.The recipient has been placed in skilled nursing care, intermediate care or long-term hospitalization;

5.The recipient's whereabouts are unknown and Department mail directed to them has been returned by the post office indicating no known forwarding address. The recipient's check must, however, be made available to them if the whereabouts becomes known during the payment period covered by a return check;

6.A recipient has been accepted for assistance in another State and that fact has been established by the jurisdiction previously providing assistance;

7.A child is removed from the home as a result of a judicial determination, or voluntarily placed in foster care by their legal guardian;

8.A change in level of medical care is prescribed by the recipient's physician; or

9.A special allowance granted for a specific period is terminated and the recipient has been informed, in writing, at the time of initiation that the allowance shall automatically be discontinued at the end of the specified period.

2.29.3Required Action

A.A customer has a right to request a hearing within thirty (30) days of the Department's notice of action. If a request for a hearing is made within the ten (10) day advance notice period, no action for reduction, suspension, or discontinuance is taken until the hearing decision is issued except in the following instance:

1.When the reduction, suspension, or discontinuance is caused by a change in either State or Federal law that requires automatic grant adjustment for classes of recipients. A timely notice of such grant adjustment can be issued by mass mailing, and the payment is not continued and no hearing need be granted. Any appeal requested solely due to a change in the law receives a response from the Department that no hearing is granted. However, a hearing is granted and the payment is continued when the reason for the appeal is incorrect grant computation. The RI Works Administrator, Assistant Administrator or Senior Case Work Supervisor will review the issue to determine this and will inform the individual, in writing, of the action that will be taken.

B.If the payment is continued and, at the hearing, a determination is made that the sole issue is one of State or Federal law or policy and not one of incorrect grant computation, assistance is reduced, discontinued, or suspended immediately and the recipient must be promptly informed, in writing, of the action. However, the formal hearing decision is issued within the time limits for hearing decisions.

C.When a second (2nd) change occurs while the hearing decision is pending, and the recipient does not request a hearing within the advance notice period on the second (2nd) issue, assistance is reduced, discontinued, or suspended, and the recipient must be promptly notified of this in writing.

D.At the end of the ten (10) day advance notice period, the action remains in force if the customer has not responded and requested a hearing. The customer continues to have a right to a hearing, however, on the issue for thirty (30) days following the notice of adverse action.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-2 § 2.30 Case Records

A.The DHS utilizes the electronic case record to retain data concerning decisions on eligibility and payments. All applications forms, documentation, monthly report forms, correspondence, and other papers are scanned and indexed into the electronic eligibility system. Paper records are no longer utilized.

B.All electronic case records explicitly contain confidential matter. It is unlawful for any person to make use of, or cause to be used, any information contained in records for purposes not directly connected with the administration of the RI Works Program, except with the consent of the participant concerned as referenced in R.I. Gen. Laws § 40-5.2-26.

History

• Technical Revision — effective from 2025-02-16 to current
• Amendment — effective from 2025-02-16 to 02/16/2025
• Amendment — effective from 2025-01-16 to 02/16/2025
• Amendment — effective from 2023-11-04 to 01/16/2025
• Amendment — effective from 2023-08-26 to 11/04/2023
• Amendment — effective from 2022-11-11 to 08/26/2023
• EMERGENCY RULE Amendment — effective from 2022-06-30 to 11/11/2022
• Amendment — effective from 2022-02-27 to 06/30/2022
• EMERGENCY RULE Amendment — effective from 2021-09-01 to 02/27/2022
• EMERGENCY RULE Amendment — effective from 2020-12-21 to 09/01/2021
• EMERGENCY RULE Amendment — effective from 2020-08-18 to 12/21/2020
• EMERGENCY RULE Amendment — effective from 2020-04-24 to 08/18/2020
• Amendment — effective from 2020-02-16 to 04/24/2020
• Amendment — effective from 2019-01-06 to 02/16/2020
• Amendment — effective from 2016-02-01 to 01/06/2019
• EMERGENCY RULE Amendment — effective from 2015-11-04 to 02/01/2016
• Amendment — effective from 2014-08-18 to 02/01/2016
• EMERGENCY RULE Amendment — effective from 2014-02-21 to 09/19/2014
• Technical Revision — effective from 2013-06-19 to 08/18/2014
• Amendment — effective from 2013-06-19 to 06/19/2013
• Amendment — effective from 2012-03-26 to 06/19/2013
• EMERGENCY RULE Amendment — effective from 2011-08-30 to 12/28/2011
• EMERGENCY RULE Amendment — effective from 2011-05-02 to 08/30/2011
• Amendment — effective from 2011-05-02 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-09-30 to 04/28/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• Amendment — effective from 2010-09-01 to 05/02/2011
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2010-05-13 to 09/01/2010
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 05/02/2011
• Amendment — effective from 2010-04-01 to 09/01/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 10/01/2008
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Technical Revision — effective from 2008-10-01 to 09/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 04/01/2010
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 05/02/2011
• Adoption — effective from 2008-10-01 to 10/01/2008

218-RICR-20-00-4 Child Care Assistance Program Rules and Regulations

218-RICR-20-00-4 § 4.1 General Provisions

4.1.1Introduction

A.The Rhode Island Department of Human Services (DHS) recognizes the importance of providing strong access to affordable, quality child care for all Rhode Island families. Access to affordable, quality child care services is critical to supporting Rhode Island children achieve developmental and academic outcomes for their long-term success.

1.The Starting RIght Child Care Assistance Program (CCAP), adopted in 1998, ensures access to affordable, developmentally appropriate, early childhood education and support services for young children and their families. The CCAPs focus is on three (3) crucial supports:

a.Providing low to moderate-income families with the financial resources to find and afford quality child care for their children;

b.Promoting a stable, regulated, well-qualified provider community; and

c.Implementing quality initiatives to enhance the quality, supply and availability of child care in Rhode Island.

4.1.2Authority and Purpose

A.R.I. Gen. Laws § 42-12-23 designates the Department of Human Services (DHS) as the principal agency of the State responsible for the planning and coordination of State involvement in the area of child care, including responsibility for State programs subsidizing child care services provided to families receiving benefits from the Rhode Island Works Program (RI Works) and to low to moderate-income eligible working families.

B.Accessible, affordable high quality child care benefits a strong Rhode Island economy by supporting today’s workers and providing children, our future workforce, a strong foundation for learning. The Child Care Assistance Program (CCAP) maintains its efforts to transform the State's child care subsidy programs to fulfill the comprehensive goals of Starting RIght. Accordingly, the purpose of the Child Care Assistance Program is to:

1.Create a child care assistance program that ensures the seamless delivery of services to eligible children through age twelve (12) or through age eighteen (18) if disabled, or those children turning thirteen (13) (but are under age fourteen (14)) during the twenty-four (24) month certification period;

2.Ensure families have access to high quality child care and can focus on their own work, training or education with confidence without worrying about the safety of their children;

3.Assist families in obtaining child care assistance by standardizing the CCAP eligibility requirements, streamlining enrollment and payment procedures, and expanding the range and number of child care providers approved to participate in the program;

4.Ensure that all children participating in the CCAP receive safe, developmentally appropriate, quality child care;

5.Facilitate the development of a network of child care facilities and skilled and stable care givers/providers/educators capable of delivering early education and enhanced child care services to support young children from income eligible families; and

6.Respond to the diverse needs of children and families by supporting the development of a diverse array of high quality and affordable program models and services.

History

• Amendment — effective from 2026-06-11 to current
• Amendment — effective from 2025-07-23 to 06/11/2026
• EMERGENCY RULE Amendment — effective from 2025-01-07 to 05/07/2025
• Amendment — effective from 2025-01-01 to 07/23/2025
• Amendment — effective from 2024-07-29 to 01/01/2025
• Amendment — effective from 2024-02-24 to 07/29/2024
• Amendment — effective from 2023-04-01 to 02/24/2024
• Amendment — effective from 2023-02-09 to 04/01/2023
• Amendment — effective from 2022-09-15 to 02/09/2023
• EMERGENCY RULE Amendment — effective from 2022-07-05 to 09/15/2022
• Amendment — effective from 2022-04-23 to 07/05/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/23/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/01/2022
• Amendment — effective from 2022-02-27 to 04/01/2022
• EMERGENCY RULE Amendment — effective from 2021-09-17 to 02/27/2022
• Amendment — effective from 2021-09-02 to 09/17/2021
• EMERGENCY RULE Amendment — effective from 2021-04-01 to 09/02/2021
• Amendment — effective from 2020-04-10 to 04/01/2021
• Amendment — effective from 2019-08-14 to 04/10/2020
• EMERGENCY RULE Amendment — effective from 2019-06-19 to 08/14/2019
• Amendment — effective from 2019-03-25 to 06/19/2019
• EMERGENCY RULE Amendment — effective from 2018-09-27 to 03/25/2019
• EMERGENCY RULE Amendment — effective from 2017-05-08 to 10/01/2017
• Technical Revision — effective from 2016-08-11 to 10/01/2017
• Amendment — effective from 2016-08-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2016-03-01 to 06/29/2016
• EMERGENCY RULE Amendment — effective from 2015-12-01 to 03/30/2016
• Amendment — effective from 2015-06-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2015-04-01 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 07/09/2014
• Amendment — effective from 2014-07-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2014-04-01 to 07/30/2014
• Amendment — effective from 2014-03-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2013-10-01 to 03/09/2014
• Amendment — effective from 2013-08-29 to 03/09/2014
• EMERGENCY RULE Amendment — effective from 2013-04-01 to 07/30/2013
• Amendment — effective from 2012-07-01 to 08/29/2013
• EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/01/2012
• Amendment — effective from 2011-07-21 to 07/01/2012
• EMERGENCY RULE Amendment — effective from 2011-04-01 to 07/21/2011
• Technical Revision — effective from 2010-04-29 to 07/21/2011
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-04-29 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-03-01 to 04/29/2009
• Technical Revision — effective from 2008-10-15 to 04/29/2009
• Amendment — effective from 2008-09-17 to 10/15/2008
• Amendment — effective from 2008-08-01 to 09/17/2008
• EMERGENCY RULE Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-06-05 to 07/01/2008
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2007-11-08 to 06/05/2008
• Amendment — effective from 2007-10-01 to 11/08/2007
• Amendment — effective from 2007-09-01 to 10/01/2007
• EMERGENCY RULE Amendment — effective from 2007-03-01 to 09/01/2007
• Amendment — effective from 2006-10-01 to 09/01/2007
• Amendment — effective from 2006-08-30 to 10/01/2006
• EMERGENCY RULE Amendment — effective from 2006-07-21 to 08/30/2006
• Amendment — effective from 2006-05-01 to 08/30/2006
• EMERGENCY RULE Adoption — effective from 2006-03-01 to 05/01/2006
• Amendment — effective from 2005-09-29 to 03/01/2006
• Amendment — effective from 2005-05-30 to 09/29/2005
• EMERGENCY RULE Adoption — effective from 2005-03-30 to 05/30/2005
• Amendment — effective from 2004-11-30 to 03/30/2005
• Amendment — effective from 2004-08-23 to 08/08/2004
• EMERGENCY RULE Adoption — effective from 2004-08-08 to 11/30/2004
• EMERGENCY RULE Adoption — effective from 2004-07-01 to 08/23/2004
• Amendment — effective from 2004-07-01 to 07/01/2004
• Amendment — effective from 2004-06-27 to 07/01/2004
• EMERGENCY RULE Adoption — effective from 2004-03-19 to 06/27/2004
• Amendment — effective from 2004-01-01 to 03/19/2004
• Amendment — effective from 2003-05-11 to 01/01/2004
• Amendment — effective from 2002-05-21 to 05/12/2002
• Technical Revision — effective from 2002-05-12 to 05/11/2003
• Amendment — effective from 2002-01-30 to 05/21/2002
• Periodic Refile — effective from 2002-01-02 to 01/30/2002

218-RICR-20-00-4 § 4.2 Definitions

A.For the purposes of this Administrative Rule, the following definitions apply unless otherwise noted:

1.“Allowable child care expense” means the total cost of the CCAP authorized child care services paid by the DHS to an approved provider, after deducting the amount the family is required to pay the provider as its share of the cost (or family share) for authorized services.

2.“Applicant child(ren)” means the dependent child(ren) in the financial unit for whom the CCAP authorized child care services are being requested.

3.“Application date” means the date that a signed application for the CCAP is stamped as received by a DHS office or the date an application is submitted online.

4.“Approved child care provider” means an individual or program that:

a.Has met the requirements established by the Department of Human Services to participate in the CCAP; and

b.Entered into a signed and valid agreement with the DHS specifying the terms and conditions for enrolling eligible children and receiving payment for the CCAP allowable child care expenses.

5.“Appropriate child care” means child care, including infant, toddler, preschool, and school age, that is provided by a person or organization qualified, approved, and authorized by the State agency or agencies designated to make such determinations as set forth in this Part.

6.“Approved education and training program” means a training, apprenticeship, internship, on-the-job training, work experience, work immersion, or other job readiness/job attachment program that is:

a.Funded by the Governor’s Workforce Board or State agencies that are part of the coordinated program system pursuant to R.I. Gen. Laws § 42-102-11, or otherwise approved by the CCAP Program Administrator;

b.Twenty (20) hours per week or more.

7.“Authorized child care services” means the child care a CCAP eligible child is approved to use in a given time period based on the Department's assessment of the family's need for services. The CCAP authorized child care is categorized as full-time (FT), three-quarter time (3QT), half-time (HT), or quarter-time (QT).

8.“Basic education program” or “BEP” means the overarching set of Regulations for the Rhode Island public education system.

9.“CCAP approved provider agreement” or “APA” means the agreement that all CCAP approved providers must sign with the DHS that establishes the respective responsibilities and obligations of both the Department and the provider.

10.“CCAP approved provider introductory training” means the introductory training session(s) about the CCAP, conducted by the Office of Child Care (OCC) and that approved providers must complete in order to receive the DHS reimbursement of allowable child care expenses.

11.“CCAP automated enrollment system” means the DHS system through which an approved provider shall enroll eligible children.

12.“Center-based child care program” means a facility operated on a regular basis which receives children, not of common parentage, and provides non-residential care in a location separate from the children's parents during the day. Rhode Island General Law (RIGL) requires center-based child care programs to obtain licensure through the Department of Human Services.

13.“Certification period” means the period of time that an eligible child may obtain the CCAP authorized child care services. A certification period shall be twenty-four (24) months in duration.

14.“Child Care Assistance Program” or “CCAP” means the program administered by the Rhode Island Department of Human Services that provides financial assistance for authorized child care services rendered to eligible children by approved child care providers. The CCAP consolidates the DHS child care subsidy programs for RI Works recipients, income eligible working families (formerly known as the Low Income Child Care Program), families where the parent(s) is participating in an approved education and training program, families where the parent(s) are in enrolled in a degree program at a Rhode Island public institution of higher education, teens participating in the Teen and Family Development Program (formerly known as Youth Services).

15.“College credit based hours” means the amount of CCAP need hours approved per college credit for parent(s) who are enrolled in adegree program at a Rhode Island public institution of higher education. College credit based hours are calculated by adding two (2) hours of study time to every one (1) college credit.

16.“Cyber security event" means a cybersecurity occurance that may have an impact on organizational operations.

17.“Department of Children, Youth and Families” or “DCYF” means the Rhode Island State agency with statutory responsibility for investigating allegations of child abuse/neglect, as well as the licensing, monitoring and enforcement of Regulations in all foster homes, residential facilities, and for agencies who place children.

18.“Department of Human Services” or “DHS” or “Department” means the Rhode Island State agency that administers financial, medical, social and rehabilitation programs and services, and has the statutory responsibility to regulate and approve licensed and license exempt child care providers to participate in the DHS Child Care Assistance Program (CCAP) and receive payment for authorized child care expenses.

19.“Dependent child” means any child who is under the age of thirteen (13) years, or who turns thirteen (13) years during the twenty-four (24) month certification period (but is under age fourteen (14)), or who is under the age of nineteen (19) if they have a documented disability and are of an acceptable degree of relationship for purposes of CCAP.

20.“DHS CCAP established payment rate” means the maximum rate that the DHS CCAP will pay approved providers for authorized child care services in each rate category. This maximum rate is established based on the results of a triennial Market Rate Survey as defined in R.I. Gen. Laws § 40-6.2-1.1.

21.“DHS code of administrative rules and regulations” or “DHS Code” means the compendium of Rules and policies governing the programs administered by the Department. The DHS Code was formerly referred to as the DHS Policy Manual.

22.“Eligible child” means a dependent child that meets the requirements to receive authorized child care services from a CCAP approved child care provider. A foster child who is eligible for child care services provided through the Rhode Island Department of Children, Youth and Families (DCYF) shall not be deemed an eligible child for the purposes of the CCAP.

23.“Excluded income” means certain money, goods or services that are not considered countable for the purposes of determining whether a family meets the requirements for the CCAP income eligibility. Excluded income includes, but is not limited to, the following:

a.The value of U.S. Department of Agriculture donated foods;

b.Any payment received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601 – 4655;

c.The value of certain assistance provided to undergraduate students including: any grant or loan for an undergraduate student for educational purposes made or insured under any loan program administered by the U.S. Commissioner of Education (or the Rhode Island Board of Governors for Higher Education or the Rhode Island Higher Educational Assistance Authority);

d.Payments distributed per capita to, or held in trust for, members of any Indian tribe under Pub. Law 92-254, Pub. Law 93-134 or Pub. Law 94-540;

e.Any benefits received under Title VII, Nutrition Program for the Elderly, of the Older Americans Act of 1965, as amended (Pub. Law 116–131);

f.Payments for supportive services or reimbursement of out-of-pocket expenses made to individual volunteers serving as foster grandparents, senior health aides or senior companions, and to persons serving in the Service Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE) and any other program under Title II and Title III of the Domestic Volunteer Service Act of 1973 (Pub. Law 93-113);

g.The value of supplemental food assistance received under the Child Nutrition Act of 1966, as amended, and the special food service program for children under the National School Fund Act, as amended, (Pub. Law 92-433 and Pub. Law 93-150);

h.Payments of Experimental Housing Allowance Program made under Annual Contributions Contracts entered into prior to January 1, 1975, under § 23 of the U.S. Housing Act of 1937, as amended (Pub. Law 75-412);

i.Receipts distributed to members of certain Indian tribes which are referred to in § 5 of Pub. Law 94-114 that became effective October 17, 1975;

j.Tax exempt portions of payments made pursuant to the Alaska Native Claims Settlement Act, Pub. Law 93-203;

k.Foster care payments made by the Rhode Island Department for Children, Youth and Families (when the child is not included in the assistance unit);

l.The value of food assistance benefits;

m.The value of government rent or housing subsidies;

n.Home energy assistance funded by the State or Federal government or from non-profit organizations;

o.Income from college work study programs;

p.The earned income of a dependent child who is included in the financial unit;

q.Stipends, earned income, and reimbursements paid through the Federal Workforce Investment Act and through the Workforce Innovations Opportunity Act (WIOA), Pub. Law 113-128;

r.In accordance with Pub. Law 100-485, the refund of taxes under the earned income tax credit (EITC), or the advance payment of the EITC;

s.Loans and grants, such as scholarships, obtained and used under conditions that preclude their use for current living costs;

t.Monies received under the Federal Social Security Persons Achieving Self-Sufficiency (PASS) program or the Income Related Work Expenses (IRWE) program;

u.The income of the parents with whom a teen parent(s) resides;

v.Section 8 Utility Payment;

w.Veterans Aid and Attendant Allowances;

x.Payments to volunteers under Americorps/VISTA (payments to volunteers under Americorps are not excluded);

y.Rhode Island Works (RIW) cash assistance payments; and

z.Veteran’s Disability Pension payments received as a result of any disability sustained by the veteran while in military service.

24.“Family child care home” means a licensed residence where the resident can provide child care for up to six (6) children, or up to eight (8) children with an approved assistant.

a.Family child care home shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation.

b.R.I. Gen. Laws Chapter 42-12.5 requires family child care home providers to obtain a license from the DHS.

25.“Family share” means the amount a family is expected to contribute in co-payments to the cost of child care services.

26.“Financial unit” means all children through the age of eighteen (18) who reside in the household and for whom the applicant parent is financially and legally responsible, including both applicant and non-applicant child(ren), and the parent(s) and the legal spouse(s) of the parent(s) who live with them in the same household, including the domestic partner of an applicant parent if the applicant parent and domestic partner have a child in common. The financial unit may also include applicant children that the DHS has determined, upon verification, to be a relative of acceptable degree to the parent(s) requesting the CCAP authorized services. The financial unit determines family size for the purposes of determining income.27. “Fraud” means a false representation of the facts, including making false or misleading statements, failing to disclose pertinent information, or trying to hide wrongdoing by an individual(s) or an organization. The deception is intentional and usually results in a benefit to the individual and/or causes damage, harm, or loss to the State or others.

27.“Group family child care home” means a child care program located in the provider's home residence in which child care services may be offered at the same time for up to nine (9), but no more than twelve (12) children unrelated to the child care provider.

a.R.I. Gen. Laws Chapter 42-12.5 requires group family child care home providers to obtain licensure from the DHS.

28.“Housing insecure individuals” means individuals who:

a.Lack a fixed, regular and adequate nighttime residence;

b.Are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason;

c.Are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative accommodations; or

d.Are living in emergency or transitional shelters; have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar setting.

29.“Income” means any money, goods or services available to the financial unit used to calculate eligibility for the CCAP. For the purposes of the CCAP, countable income includes, but is not limited to, any of the following:

a.Monetary compensation for services, including gross wages, salary, commissions, and any work-based fees, stipends, tips or bonuses;

b.Adjusted gross income from self-employment;

c.Social Security Benefits – Retirement, Survivors and Disability Insurance (RSDI);

d.Supplemental Security Income (SSI);

e.Dividends or interest on savings or bonds;

f.Income from estates or trusts;

g.Adjusted Gross Rental Income;

h.Adjusted Gross Room and Board Income;

i.Public assistance payments;

j.Unemployment Compensation;

k.Temporary Disability Insurance (TDI);

l.Workers' Compensation;

m.Government civilian employee or military retirement, Private pensions or annuities;

n.Cash payouts for waiving employer sponsored health insurance;

o.Adoption subsidies;

p.Alimony;

q.Child support payments;

r.Regular contributions from persons not living in the household;

s.Royalties;

t.Strike Benefits;

u.Trade Readjustment Allowance;

v.VA Compensation Payments, VA Educational Benefits, Spousal/Dependent Allowances and Military Allotments;

w.Payments to volunteers under Americorps (payments to volunteers under Americorps/VISTA are excluded);

x.Foster care payments made by the Rhode Island Department of Children, Youth and Families (when the child is included in the assistance unit);

y.In-Kind Assistance; and

z.Non-citizen Sponsor Income (includes income of the sponsor and sponsor's spouse), refer to the Rhode Island Works Rules and Regulations, Part 2 of this Subchapter, regarding Deeming provisions and Indigent Exceptions.

30.“Income eligible” means the CCAP eligibility is determined on the basis of income, for applicants not receiving RI Works cash assistance, within the limits prescribed in State law, contingent upon meeting certain general requirements and the need for services.

31.“Infant” means a child from at least six (6) weeks up to, and inclusive of, eighteen (18) months of age.

32.“Initial eligibility date” or “Care start date” means the first date that the CCAP authorized child care services, rendered to an eligible child by an approved provider, can be paid by the DHS.

33.“Legal guardian” means judicially created relationship between the dependent child and caregiver which is intended to be permanent and self-sustaining as evidenced by the transfer to the caregiver of the following parental rights with respect to the child: protection, education, care and control of the person, custody of the person and decision-making.

34.“License exempt child care provider” means any relative of a family eligible for the CCAP rendering child care in the home of the child or the provider (not to exceed six (6) related children), who has been successfully screened by the DHS and determined eligible to participate in the CCAP. License exempt providers are not required under applicable State laws (R.I. Gen. Laws §§ 42-72.1-4 et seq. and 42-12.5-4 et seq.) to obtain licensure from the Rhode Island Department of Human Services, but must meet the capacity requirements. License Exempt providers are only approved in the CCAP as long as they have a CCAP pending or eligible child in their care.

35.“Licensed child care facility” means any facility that provides child care, including a center-based program or family child care home, that is licensed by the Rhode Island Department of Human Services (DHS).

36.“Non-applicant child” means any dependent child living in the household up to age eighteen (18), who is not included in the family's request for the CCAP authorized child care services.

37.“Office of child care” means the unit within the DHS responsible for administering the CCAP and approving child care providers participating in the program.

38.“Office of Internal Audit Fraud Detection and Prevention Unit” or “OIA FDP” means the Rhode Island State agency with statutory responsibility for investigating and auditing the possible existence of any activity constituting fraud, waste, and/or abuse.

39.“One-parent home” means a family in which there is only one (1) parent living in the household with financial responsibility for the eligible child(ren).

40.“Parent” means any person in the household who is legally and financially responsible for the routine care of the applicant child(ren) including, but not limited to, providing income, resources or other forms of support.

a.A person seeking the CCAP authorized services for a dependent child is considered to be a parent for the CCAP eligibility purposes if so deemed for any other Department of Human Services program(s).

b.The term parent is used broadly in this Rule to refer to biological, adoptive, or stepparents, as well as legal guardians or caretaker relatives of an acceptable degree as defined in Part 2 of this Subchapter, the Rhode Island Works Rules and Regulations.

41.“Pre-School age child” means a child from age three (3) up to entry into the Kindergarten of a public or private elementary school program. A child who will reach age seven (7) on or after September 1st in a given school year shall not be considered a pre-school age child under any circumstances.

42.“Quality rating and improvement system” or “QRIS” means systemic approach to assess, improve, and communicate the level of quality in early and school-age care and education programs.

43.“Relationship, acceptable degree” means dependent child must be living with a relative of acceptable degree of relationship in a home maintained by such relative. The establishment of relationship is either biologically, through marriage, or through legal guardianship.

a.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.

b.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.

44.“Relative” means an individual at least eighteen (18) years old who is the grandparent, great-grandparent, aunt/uncle, or sibling not living in the home. As it pertains to licensed-exempt providers, the individual must be at least twenty-one (21) years old. The status of relative is established by blood, marriage or court decree.

45.“Rhode Island public institution of higher education” means Community College of Rhode Island, Rhode Island College, or University of Rhode Island.

46."RISES" means the Rhode Island Starts Early System, the State's integrated early childhood data and information system, administered by the DHS, that is used to manage child care licensing, workforce registry information and provider applications.

47.“Rhode Island Works Program” or “RI Works” means the Rhode Island State program authorized by R.I. Gen. Laws Chapter 40-5.1 et seq., that provides cash assistance and support to families who meet certain requirements. RI Works beneficiaries are eligible for fully-subsidized CCAP services if they meet the requirements established in § 4.5 of this Part.

48.“RI Works CCAP eligible” means that eligibility for the CCAP has been conferred based on receipt of, or participation in, the RI Works cash assistance public benefit/program. RI Works cash assistance recipients and Teen and Family Development (TFD) program participants are eligible for the CCAP if they have met all other general requirements and established a need for services.

49.“School-age child” means a child through age twelve (12), or who turns thirteen (13) years during the eligibility period, enrolled in at least Kindergarten in a public or private school program. Certain children with special needs may be categorized as school age through the age of eighteen (18) and qualify for the CCAP child care services as detailed in § 4.3.1 of this Part.

50.“Short-term special approval” or “SSACC” means the continuation of the CCAP authorized services at recertification despite a temporary reduction in employment or RI Works employment plan participation as a result of a documented serious health condition or related circumstance in the family that creates an immediate need to continue the CCAP authorized child care services on a temporary basis, as provided in § 4.6 of this Part.

51.“Teen and Family Development” or “TFD” means a program, provided through local community agencies, that provides assistance to pregnant/parenting teens engaged in approved education and training programs. TFD participants may be RI Works participants, employed, attending high school/GED classes, or a combination. Participants enrolled in the Teen and Family Development program receive assistance with case management and supportive services to assist with increasing self-sufficiency through education and/or employment. This program was previously known as Youth Services.

52.“Toddler” means a child over the age of eighteen (18) months, up to the age of three (3) years.

53.“Two-parent home” means a home with a parent and a legal spouse (who may or may not be a parent) or two parents living in the same household who share financial responsibility for the applicant’s dependent child/children.

History

• Amendment — effective from 2026-06-11 to current
• Amendment — effective from 2025-07-23 to 06/11/2026
• EMERGENCY RULE Amendment — effective from 2025-01-07 to 05/07/2025
• Amendment — effective from 2025-01-01 to 07/23/2025
• Amendment — effective from 2024-07-29 to 01/01/2025
• Amendment — effective from 2024-02-24 to 07/29/2024
• Amendment — effective from 2023-04-01 to 02/24/2024
• Amendment — effective from 2023-02-09 to 04/01/2023
• Amendment — effective from 2022-09-15 to 02/09/2023
• EMERGENCY RULE Amendment — effective from 2022-07-05 to 09/15/2022
• Amendment — effective from 2022-04-23 to 07/05/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/23/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/01/2022
• Amendment — effective from 2022-02-27 to 04/01/2022
• EMERGENCY RULE Amendment — effective from 2021-09-17 to 02/27/2022
• Amendment — effective from 2021-09-02 to 09/17/2021
• EMERGENCY RULE Amendment — effective from 2021-04-01 to 09/02/2021
• Amendment — effective from 2020-04-10 to 04/01/2021
• Amendment — effective from 2019-08-14 to 04/10/2020
• EMERGENCY RULE Amendment — effective from 2019-06-19 to 08/14/2019
• Amendment — effective from 2019-03-25 to 06/19/2019
• EMERGENCY RULE Amendment — effective from 2018-09-27 to 03/25/2019
• EMERGENCY RULE Amendment — effective from 2017-05-08 to 10/01/2017
• Technical Revision — effective from 2016-08-11 to 10/01/2017
• Amendment — effective from 2016-08-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2016-03-01 to 06/29/2016
• EMERGENCY RULE Amendment — effective from 2015-12-01 to 03/30/2016
• Amendment — effective from 2015-06-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2015-04-01 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 07/09/2014
• Amendment — effective from 2014-07-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2014-04-01 to 07/30/2014
• Amendment — effective from 2014-03-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2013-10-01 to 03/09/2014
• Amendment — effective from 2013-08-29 to 03/09/2014
• EMERGENCY RULE Amendment — effective from 2013-04-01 to 07/30/2013
• Amendment — effective from 2012-07-01 to 08/29/2013
• EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/01/2012
• Amendment — effective from 2011-07-21 to 07/01/2012
• EMERGENCY RULE Amendment — effective from 2011-04-01 to 07/21/2011
• Technical Revision — effective from 2010-04-29 to 07/21/2011
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-04-29 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-03-01 to 04/29/2009
• Technical Revision — effective from 2008-10-15 to 04/29/2009
• Amendment — effective from 2008-09-17 to 10/15/2008
• Amendment — effective from 2008-08-01 to 09/17/2008
• EMERGENCY RULE Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-06-05 to 07/01/2008
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2007-11-08 to 06/05/2008
• Amendment — effective from 2007-10-01 to 11/08/2007
• Amendment — effective from 2007-09-01 to 10/01/2007
• EMERGENCY RULE Amendment — effective from 2007-03-01 to 09/01/2007
• Amendment — effective from 2006-10-01 to 09/01/2007
• Amendment — effective from 2006-08-30 to 10/01/2006
• EMERGENCY RULE Amendment — effective from 2006-07-21 to 08/30/2006
• Amendment — effective from 2006-05-01 to 08/30/2006
• EMERGENCY RULE Adoption — effective from 2006-03-01 to 05/01/2006
• Amendment — effective from 2005-09-29 to 03/01/2006
• Amendment — effective from 2005-05-30 to 09/29/2005
• EMERGENCY RULE Adoption — effective from 2005-03-30 to 05/30/2005
• Amendment — effective from 2004-11-30 to 03/30/2005
• Amendment — effective from 2004-08-23 to 08/08/2004
• EMERGENCY RULE Adoption — effective from 2004-08-08 to 11/30/2004
• EMERGENCY RULE Adoption — effective from 2004-07-01 to 08/23/2004
• Amendment — effective from 2004-07-01 to 07/01/2004
• Amendment — effective from 2004-06-27 to 07/01/2004
• EMERGENCY RULE Adoption — effective from 2004-03-19 to 06/27/2004
• Amendment — effective from 2004-01-01 to 03/19/2004
• Amendment — effective from 2003-05-11 to 01/01/2004
• Amendment — effective from 2002-05-21 to 05/12/2002
• Technical Revision — effective from 2002-05-12 to 05/11/2003
• Amendment — effective from 2002-01-30 to 05/21/2002
• Periodic Refile — effective from 2002-01-02 to 01/30/2002

218-RICR-20-00-4 § 4.3 Eligibility and Authorization of Services

A.Families with incomes at or below two hundred sixty-one percent (261%) of the Federal poverty level (FPL) who meet the requirements for the Starting RIght Child Care Assistance Program (CCAP) are eligible to receive full or partial payment for child care expenses when delivered by a CCAP approved child care provider. There are three (3) avenues for qualifying for payment of child care expenses through the CCAP:

1.RI Works CCAP Eligibility – The Rhode Island Temporary Assistance for Needy Families (TANF) Program extends eligibility for the CCAP to Rhode Island Works Program (RI Works) cash assistance recipients, including Teen and Family Development Program participants, who meet the need for services as established in § 4.5 of this Part.

2.Income Eligibility – Working Rhode Island families, families where a parent(s) is participating in an approved education or training program, and TFD participants who are not RI Works cash recipients may be income eligible for the CCAP if they meet the requirements set forth in § 4.6 of this Part.

3.CCAP for College Eligibility –CCAP may be approved for families where a parent(s) requires child care assistance that is necessary to enroll or maintain enrollment in a degree program at a Rhode Island public institution of higher education if they meet the requirements set forth in § 4.6 of this Part.

4.3.1General Eligibility

A.For a child to be eligible to participate in the Child Care Assistance Program (CCAP), the family applying for the CCAP services shall meet the general requirements set forth in this Section as well as the specific requirements pertaining to either RI Works CCAP eligibility or income eligibility. To be eligible for the CCAP the following requirements have been met:

1.Age of applicant child(ren)

a.The child to receive the CCAP services shall be at least six (6) weeks old and below the age of thirteen (13) years unless the following circumstances apply:

(1)The child is thirteen (13) up through eighteen (18) years old and has a documented physical or mental disability which makes the child incapable of self-care; or

(2)The child turns thirteen (13) years during the certification period and remains eligible until the age of fourteen (14) or until redetermination, whichever comes first.

2.Relationship

a.The applicant child(ren) must live in the home of the parent requesting the CCAP services. The home need not be the child’s full-time residence. The relationship between the adult applying for the CCAP services and each applicant child must meet the broad definition of parent as set forth in this Part.

3.Residency

a.As defined in the DHS General Provisions, Part 10-00-1 of this Title, the applicant parent(s) and any applicant children in the financial unit shall be residents of the State of Rhode Island.

4.Citizenship

a.The applicant child shall be either a citizen of the United States or a qualified immigrant. There is no five (5) year waiting period for qualified immigrant children to be eligible for the CCAP. Qualified immigrants are:

(1)Lawful permanent residents (LPRs);

(2)Refugees, asylees, persons granted withholding of deportation/removal, conditional entry (in effect prior to April 1, 1980), or paroled into the U.S. for at least one (1) year;

(3)Cuban/Haitian entrants;

(4)Battered spouses and children, whose need for benefits has a substantial connection to the battery or cruelty (parent/child of such battered child/spouse are also “qualified”), with one (1) of the following:

(AA)A pending or approved self-petition for an immigrant visa;

(BB)An immigrant visa filed for a spouse or child by a U.S. citizen or LPR; or

(CC)An application for cancellation of removal/suspension of deportation.

(5)Victims of trafficking and their derivative beneficiaries who have obtained a T visa or whose application for a T visa sets forth a prima facie case.

b.The adult applying for the CCAP for an eligible child shall not be required to provide proof of citizenship or immigration status.

c.The Department utilizes the State Verification and Exchange System (SVES) to validate Social Security Numbers (SSNs) and verify an applicant/recipient’s citizenship.

5.Need for Services

a.RI Works participants or teen parents involved in the Teen and Family Development Program, must be in an approved education and training activity or work plan activity as established in § 4.5 of this Part.

b.Income Eligible/Low-income Child Care: the parents of the applicant child(ren) shall be employed, or participating in an approved education and training program, or an approved college program.

c.Child Care for Training: The Department shall provide child care to Income Eligible/Low-income families with income below two hundred sixty-one percent (261%) of the Federal poverty level who are involved in training, apprenticeship, internship, on-the-job training, work experience, work immersion, or other job readiness/job attachment programs sponsored or funded by the Human Resource Investment Council (Governor's Workforce Board) or State agencies that are part of the coordinated program system pursuant to R.I. Gen. Laws § 42-102-11, or otherwise approved by the CCAP Program Administrator.

d.Child Care for College: The Department shall provide child care to Income Eligible/Low-income families with income below two hundred sixty-one percent (261%) of the Federal poverty level who are enrolled in a degree program at a Rhode Island public institution of higher education for a minimum of seven (7) credits in the semester of application.

(1)Students enrolled in fewer than seven (7) credits, credit hours (three (3) need hours per credit) and employment hours can be combined to reach the minimum of twenty (20) hours of approved activity.

6.Cooperation with the Office of Child Support Services

a.All families with an absent parent(s) are referred to the Office of Child Support Services.

b.As a condition of the CCAP eligibility at application and at renewal, the parent/caretaker relative of the assistance unit is required to cooperate in establishing parentage, and in establishing and/or enforcing child support and medical support orders for any applicant child in the family, unless the parent/caretaker relative is found to have good cause for refusing to comply with these requirements. Sanctions for non-cooperation placed on a family during a twenty-four (24) month CCAP certification period will not negatively impact CCAP benefits until recertification. Additional requirements to cooperate with the Office of Child Support Services are detailed in § 4.3.2 of this Part.

4.3.2Cooperation with the Office of Child Support Services

A.An applicant or recipient must cooperate with the agency for any applicant child in the CCAP family unit (unless good cause for refusing to do so has been determined to exist) in:

1.Identifying and locating the parent of each child;

2.Establishing the parentage of any child born out of wedlock;

3.Obtaining support payments for the applicant or recipient child and

4.Obtaining any other payments or property due the applicant or recipient child(ren) of any absent parent.

B.In order for the applicant to be found cooperative in achieving the above objectives, the applicant must, at the request of the Office of Child Support Services:

1.Appear, as necessary, to provide verbal or written information or documentary evidence, known to, possessed by, or reasonably obtainable by her/him;

2.Appear as a witness at court or other hearings or proceedings, as necessary; and

3.Provide information, or attest to the lack of information, under penalty of perjury.

4.3.3Consequences of Non-cooperation with OCSS

A.The failure of a parent/caretaker relative to cooperate with the Office of Child Support Services (OCSS) in establishing parentage or in establishing, modifying, or enforcing a medical and/or support order with respect to an applicant child, when the household does not qualify for good cause, results in the denial of CCAP benefits for that child only.

1.When the parent/caretaker relative fails to cooperate with OCSS with regards to any child in the household, only that child is found ineligible for CCAP benefits.

2.The denial of the CCAP benefits and the ineligibility of the applicant child(ren) in all subsequent CCAP applications, shall continue until the parent/caretaker relative who refused to comply with child support cooperation requirements consents to and cooperates with the agency in satisfying those requirements for that child.

3.Once the applicant has satisfied the requirements of cooperation with the Office of Child Support Services, the applicant may re-apply for the CCAP for the child that had been denied the CCAP benefits.

4.A pending letter will not be generated for any application filed by a client who is currently non-cooperative with OCSS.

4.3.4Good Cause for Refusing to Cooperate

A.Every applicant is given an opportunity to claim good cause for refusing to cooperate.

B.Referral to the Domestic Violence Advocate

1.If good cause is claimed, the applicant is referred to the Domestic Violence Advocate who will conduct the Family Violence Option Assessment;

C.Refusal of Referral to Domestic Violence Advocate

1.If the applicant refuses the referral, s/he is advised that s/he must state the basis of the claim and present corroborative evidence within twenty (20) days of the claim;

D.Corroborative Evidence of Domestic Violence

1.The applicant must provide sufficient information to enable the investigation of the existence of the circumstance; or,

2.The applicant must provide sworn statements from individuals to support the claim.

E.Determination of Good Cause

1.A determination of good cause is based on the findings of the Domestic Violence Advocate; or,

a.Evidence supplied which establishes the claim;

b.An investigation by the agency of the circumstance which confirms the claim;

c.A combination of evidence and investigation; or

d.When the claim is one of anticipated physical harm without evidence, the investigation supports the credibility of the claimant.

2.The determination as to whether good cause does or does not exist should be made within thirty (30) days of the good cause claim unless the record documents that the agency needs additional time because the information required to verify the claim cannot be obtained within the time standard.

3.The DHS representative will obtain verification and/or conduct an investigation in order to make the determination.

4.If sufficient information to conduct an investigation is provided, an otherwise eligible applicant is provided assistance (or assistance is continued) pending the final determination on the good cause claim.

4.3.5When Cooperation Not in Best Interest

A.Cooperation is determined to be against the best interest of the child(ren) if:

1.The applicant's cooperation is reasonably anticipated to result in physical or emotional harm to the child, mother, or other relative with whom the child is living (Physical or emotional harm must be determined to be of a genuine and serious nature).

a.The mere belief that cooperation would result in harm is not sufficient basis for a finding of good cause. The emotional harm to the mother must be of such a serious nature that the capacity to care for the child adequately would be reduced.; or

2.It would be harmful to the child for whom support would be sought because the child was conceived as a result of incest or rape; or

3.Legal proceedings for adoption of the child are pending before a court of competent jurisdiction; or

4.The applicant is currently being assisted by a public or licensed private social agency to resolve the issue of whether to keep the child or release him/her for adoption and the discussions have not gone on for more than three (3) months; or

5.There is anticipated physical harm to the parent without corroborative evidence.

4.3.6Corroborative Evidence of Good Cause

A.Corroborative evidence upon which a determination of good cause is based without further agency investigation is limited to documents similar to the following, which must be presented within twenty (20) days of the claim:

1.Birth certificates, medical, or law enforcement records which indicate that the child was conceived as a result of incest or rape.

2.Court documents or other records which indicate that legal proceedings for adoption are pending before a court of competent jurisdiction.

3.Court, medical, criminal, child protective services, social services, psychological, or law enforcement records which indicate that the putative or absent parent might inflict physical or emotional harm on the child or caretaker relative.

4.Medical records which indicate emotional health history and present emotional health status of the caretaker relative (parent or loco parentis) or the child for whom support is sought or, written statements from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the caretaker relative or the child for whom support is sought.

5.A written statement from a public or licensed private social agency that the applicant is being assisted by the agency to resolve the issue of whether to keep the child or release him/her for adoption, and the discussions have not gone on for more than three (3) months.

B.If the evidence is insufficient, the DHS agency representative will promptly notify the applicant that additional corroborative evidence is needed and specify the type of document needed.

C.When sufficient information to permit an investigation is given or when the claim is one of anticipated physical harm without corroborative evidence and the DHS representative considers the claim credible and corroborative evidence is not available, the DHS representative will conduct an investigation.

1.In conducting the investigation, the DHS representative will not contact the absent or putative parent unless such contact is determined to be necessary to establish the claim.

2.Prior to making any contact, the applicant or recipient will be notified in order to present additional evidence or information that the contact is unnecessary, or they can withdraw the application, or the good cause claim can be denied.

D.On the basis of the evidence or the results of the investigation, the DHS agency representative makes a decision on the applicant's good cause claim.

4.3.7Good Cause Based Upon Emotional and Physical Harm

A.Physical harm and emotional harm, as defined, must be of a serious nature. It must be demonstrated to the DHS agency representative that there exists an emotional impairment that substantially affects the applicant's functioning for a finding of good cause for emotional harm to be made.

1.If a determination is based in whole or in part upon the anticipation of emotional harm to the child, parent, or other caretaker relative, consideration is given to the following:

a.The present emotional state of the applicant subject to emotional harm;

b.The emotional health history of the applicant; intensity and probable duration of the emotional upset;

c.Degree of cooperation to be required; and

d.The extent of the involvement of the child in parentage establishment or support enforcement activity to be undertaken.

B.The DHS agency representative can find good cause on the basis of anticipated physical harm without corroborative evidence if the agency considers the claim credible without corroborative evidence and if such corroborative evidence is not available.

1.The agency is required to investigate this type of claim and while it may not establish the good cause circumstance, it should establish the credibility of the claimant.

C.Good Cause Decision. If the DHS representative has made a determination that good cause exists, the case does not need to be referred to the Office of Child Support Services. The case will be sent to OCSS, at a later date, should the good cause exception be lifted due to new circumstances.

D.Review of Good Cause Finding. A review of the good cause decision must be made at each redetermination by the DHS agency representative. If it is determined that circumstances have changed such that good cause no longer exists, there must be enforcement of the cooperation requirements.

E.The failure of a parent/caretaker relative to comply with child support enforcement cooperation requirements without good cause results in the closure or denial of the case.

4.3.8Referral to the Domestic Violence Advocate

A.If an applicant discloses a domestic violence situation to the DHS, the agency representative refers the applicant to the Domestic Violence Advocate who conducts the Family Violence Option Assessment.

1.If the applicant involved is a minor parent/pregnant minor, an immediate report at the time of disclosure must be made to the Department of Children, Youth and Families (DCYF) as well as referral made to the Domestic Violence Advocate for assessment.

2.If the applicant refuses referral to the Domestic Violence Advocate, eligibility for CCAP is not affected. However, if the applicant requests a good cause exception to cooperation with the child support enforcement requirement, that exception will not be granted unless the applicant can provide evidence to support the good cause exception as detailed in § 4.3.4 of this Part.

3.The Domestic Violence Advocate must review the suitability of any or all waivers at the end of the specified waiver period(s), or earlier if the applicant's circumstances change.

a.The maximum time period for the granting of a waiver is six (6) months.

4.3.9Limitations and Exclusions of Eligibility

A.Eligibility for the CCAP services are subject to the following limitations and exclusions:

1.One (1) CCAP Household per Applicant Child

a.The CCAP services shall only be authorized for one (1) household per applicant child during any given certification period.

b.In general, the CCAP household is the parent's home which serves as the principal place of residence of the applicant child (i.e. where the child lives the majority of the time). This Rule applies whenever an applicant child's parents live in separate households or have an acceptable need for services independently of, or in tandem with, one another.

c.A household other than the child's principal place of residence may only be considered a CCAP household if:

(1)The parent in the household where the child lives the majority of the time does not qualify, or have a need for the CCAP services; and

(2)The parent in the household where the child lives less than a majority of the time applies and meets the requirements for the CCAP authorized services.

2.Shared Custody of the Child(ren)

a.If the parents of an applicant child live in different households but share legal custody and physical possession of a child due to a court order/agreement, then neither parent's household may be the child's principal place of residence.

b.When both parents apply separately for the same child, only one (1) household shall be considered a CCAP household when determining authorized services.

c.The Department shall request the documentation from the applicant parents required to make a factual determination as to which is the CCAP household.

3.Self-Employment as a Child Care Provider

a.Any parent whose income is derived solely from self-employment as a child care provider and who meets all eligibility requirements may be eligible for the CCAP authorized services but cannot enroll their CCAP eligible children in their own program for reimbursement.

(1)Providers will not be reimbursed under the CCAP for caring for or providing services to their own children or other children who reside in their home.

History

• Amendment — effective from 2026-06-11 to current
• Amendment — effective from 2025-07-23 to 06/11/2026
• EMERGENCY RULE Amendment — effective from 2025-01-07 to 05/07/2025
• Amendment — effective from 2025-01-01 to 07/23/2025
• Amendment — effective from 2024-07-29 to 01/01/2025
• Amendment — effective from 2024-02-24 to 07/29/2024
• Amendment — effective from 2023-04-01 to 02/24/2024
• Amendment — effective from 2023-02-09 to 04/01/2023
• Amendment — effective from 2022-09-15 to 02/09/2023
• EMERGENCY RULE Amendment — effective from 2022-07-05 to 09/15/2022
• Amendment — effective from 2022-04-23 to 07/05/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/23/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/01/2022
• Amendment — effective from 2022-02-27 to 04/01/2022
• EMERGENCY RULE Amendment — effective from 2021-09-17 to 02/27/2022
• Amendment — effective from 2021-09-02 to 09/17/2021
• EMERGENCY RULE Amendment — effective from 2021-04-01 to 09/02/2021
• Amendment — effective from 2020-04-10 to 04/01/2021
• Amendment — effective from 2019-08-14 to 04/10/2020
• EMERGENCY RULE Amendment — effective from 2019-06-19 to 08/14/2019
• Amendment — effective from 2019-03-25 to 06/19/2019
• EMERGENCY RULE Amendment — effective from 2018-09-27 to 03/25/2019
• EMERGENCY RULE Amendment — effective from 2017-05-08 to 10/01/2017
• Technical Revision — effective from 2016-08-11 to 10/01/2017
• Amendment — effective from 2016-08-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2016-03-01 to 06/29/2016
• EMERGENCY RULE Amendment — effective from 2015-12-01 to 03/30/2016
• Amendment — effective from 2015-06-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2015-04-01 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 07/09/2014
• Amendment — effective from 2014-07-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2014-04-01 to 07/30/2014
• Amendment — effective from 2014-03-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2013-10-01 to 03/09/2014
• Amendment — effective from 2013-08-29 to 03/09/2014
• EMERGENCY RULE Amendment — effective from 2013-04-01 to 07/30/2013
• Amendment — effective from 2012-07-01 to 08/29/2013
• EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/01/2012
• Amendment — effective from 2011-07-21 to 07/01/2012
• EMERGENCY RULE Amendment — effective from 2011-04-01 to 07/21/2011
• Technical Revision — effective from 2010-04-29 to 07/21/2011
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-04-29 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-03-01 to 04/29/2009
• Technical Revision — effective from 2008-10-15 to 04/29/2009
• Amendment — effective from 2008-09-17 to 10/15/2008
• Amendment — effective from 2008-08-01 to 09/17/2008
• EMERGENCY RULE Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-06-05 to 07/01/2008
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2007-11-08 to 06/05/2008
• Amendment — effective from 2007-10-01 to 11/08/2007
• Amendment — effective from 2007-09-01 to 10/01/2007
• EMERGENCY RULE Amendment — effective from 2007-03-01 to 09/01/2007
• Amendment — effective from 2006-10-01 to 09/01/2007
• Amendment — effective from 2006-08-30 to 10/01/2006
• EMERGENCY RULE Amendment — effective from 2006-07-21 to 08/30/2006
• Amendment — effective from 2006-05-01 to 08/30/2006
• EMERGENCY RULE Adoption — effective from 2006-03-01 to 05/01/2006
• Amendment — effective from 2005-09-29 to 03/01/2006
• Amendment — effective from 2005-05-30 to 09/29/2005
• EMERGENCY RULE Adoption — effective from 2005-03-30 to 05/30/2005
• Amendment — effective from 2004-11-30 to 03/30/2005
• Amendment — effective from 2004-08-23 to 08/08/2004
• EMERGENCY RULE Adoption — effective from 2004-08-08 to 11/30/2004
• EMERGENCY RULE Adoption — effective from 2004-07-01 to 08/23/2004
• Amendment — effective from 2004-07-01 to 07/01/2004
• Amendment — effective from 2004-06-27 to 07/01/2004
• EMERGENCY RULE Adoption — effective from 2004-03-19 to 06/27/2004
• Amendment — effective from 2004-01-01 to 03/19/2004
• Amendment — effective from 2003-05-11 to 01/01/2004
• Amendment — effective from 2002-05-21 to 05/12/2002
• Technical Revision — effective from 2002-05-12 to 05/11/2003
• Amendment — effective from 2002-01-30 to 05/21/2002
• Periodic Refile — effective from 2002-01-02 to 01/30/2002

218-RICR-20-00-4 § 4.4 Applying for Child Care Assistance

4.4.1Application

A.The application for the CCAP consists of the required application, verification of certain eligibility criteria, and the need for services. When information is known to the DHS from other DHS program sources, and meets the minimum verification requirements of each program, independent verification is not required and previous verified information is used in determining the CCAP eligibility. Families seeking eligibility for the CCAP shall apply to the DHS in accordance with the following:

1.Point of Application

a.Rhode Island Works (RI Works) recipients, including those who are Teen and Family Development (TFD) participants, parents participating in an approved education or training program, as well as families making the transition off cash assistance, may complete an application through the DHS-2 or on-line, or have child care added as an activity within their RI Works case.

b.Working families, families where the parent(s) is participating in an approved education and training program, or approved college program and TFD participants not receiving income support through RI Works may apply online at www.dhs.ri.gov, or at www.healthyrhode.ri.gov, or may obtain a printable application at www.dhs.ri.gov, or through a local DHS office.

2.Application Packet

a.The completed application form signed by the applicant along with the documentation required to verify eligibility and the need for services must be submitted to the Department of Human Services to initiate a child care application.

4.4.2Application Processing

A.The date a signed application is date stamped as received by the DHS office, or the date an application is submitted online, is the application date.

B.The application period is the period when eligibility for the CCAP is determined by the DHS staff.

1.The period begins on the application date and extends for thirty (30) days.

2.An application is considered incomplete until the DHS has all the information and documentation required to make an eligibility determination.

a.Applications from housing insecure families shall be processed even when all documentation required to make an eligibility determination has not yet been provided.

b.Housing insecure applicants have up to ninety (90) days to provide the documentation required to make an eligibility determination.

3.An application that remains incomplete on the last day of the application period shall be denied unless the DHS is responsible for the delay in processing the application.

4.Once an application is complete, every effort will be made to determine eligibility in the most expeditious manner possible.

C.If there is missing information or documentation required to determine eligibility, the Department notifies the family in writing one (1) or more of the following as appropriate:

1.A list of any missing information or documentation required to determine eligibility, the appropriate DHS location to send the information to, and a deadline for submitting any information requested;

2.The unique CCAP certificate number assigned to the family. This is the identification number that shall be used by approved child care providers when enrolling eligible children for the CCAP authorized child care services;

3.The names of the children in the family for whom child care assistance is being requested; and/or

4.A statement indicating that the applicant may request services from an approved child care provider pending final determination of eligibility by the DHS. The statement shall include a disclaimer indicating that:

a.DHS shall only make payment for allowable child care expenses when rendered by a CCAP approved provider;

b.An approved child care provider is not required to accept a child during the period when an application is pending. If a child is accepted, the provider must enroll the child either prior to or during the first (1st) week of care; and

c.The DHS shall not guarantee payment for any child care expenses incurred while an application is pending.

(1)A family requesting to enroll a child for services prior to the final determination of eligibility shall disclose to the approved child care provider that their application for child care assistance is pending and that no payment shall be made by DHS for any child care expenses if the application is denied.

D.Determining the Basis for Eligibility

1.Upon determining that the general requirements for the CCAP have been met representatives shall assess the scope of the CCAP services to be authorized on the basis of the criteria for eligibility, as specified in §§ 4.5 and 4.6 of this Part.

2.The date the DHS determines to be the earliest date a family can begin receiving the CCAP authorized child care services is the initial eligibility, or care start date. This date may or may not be the same as the application date.

a.The certification period for the CCAP authorized services shall begin on the initial eligibility date and shall continue for a period of no less than twenty-four (24) months from the date of authorization of benefits.

b.Any child care services utilized prior to the initial eligibility shall be deemed unauthorized and shall not be considered allowable child care expenses for the purposes of making the CCAP payments.

3.Applicants shall provide complete and accurate information and all documentation required for verification listed on the CCAP application. Submitting false or inaccurate information for the purposes of obtaining the CCAP eligibility shall result in denial of the application.

a.Non-cooperation. Failure to provide the documentation required to verify any eligibility requirement, including the source of income or need for services is acceptable grounds for a delay in the processing of an application. If such failure continues beyond the thirty (30) day application period, the application shall be deemed incomplete and denied on the basis of non-cooperation.

(1)Housing insecure applicants who are unable to provide proper documentation to verify any eligibility requirement shall not be considered non-cooperative.

b.The application is valid until eligibility is determined by the DHS within the prescribed application period of thirty (30) days unless the application is withdrawn voluntarily or the DHS is responsible for the delay in processing the application. After thirty (30) days, submission of a new application may be required.

(1)If the CCAP eligibility is denied, the application is invalid after the thirty (30) day appeal period expires.

(2)If the CCAP eligibility is approved, the application is presumed valid from the application date to the end date of the certification period unless there is a change in the family's status or circumstances that might in any way affect CCAP eligibility.

E.Members of the Military Reserve

1.When determining the CCAP eligibility for members of the Military Reserve who are called to active duty during a time of conflict, the Department shall freeze the family composition and the family income as it was in the month prior to the month of leaving for active duty.

2.If the child(ren) of the deployed individual were found to be eligible in the prior month, the Department shall maintain eligibility for the family during the twenty-four (24) month certification period.

3.This shall continue until the deployed individual is officially discharged from active duty (R.I. Gen. Laws § 40-5.2-20).

4.4.3Reporting Requirements

A.Applicant and recipient parents shall report to the DHS any changes in the information or documentation included in, or submitted in conjunction with, the CCAP application related to the general requirements in § 4.3 of this Part or criteria for RI Works CCAP eligibility (§ 4.5 of this Part) or income eligibility (§ 4.6 of this Part) within ten (10) days from the date the change occurs.

1.The duty to report begins on the application date and remains in effect while the application is valid.

2.Failure to report changes in a timely manner may be grounds for denying eligibility to an applicant or discontinuing authorized services for the CCAP beneficiaries.

B.Families are required to report the following:

1.Changes to income, during the twenty-four (24) month certification period, if the income exceeds eighty-five percent (85%) of the State Median Income (SMI).

2.Any change in address.

C.Families have the option to report any changes in income if it would reduce the family’s co-payment or increase the family’s subsidy.

D.Families adding a child to an existing CCAP case will have their CCAP recertification date aligned with the required twenty-four (24) month certification period for the newly added child.

4.4.4Redetermination

A.The eligibility period for the CCAP shall be no less than twenty-four (24) months. The CCAP benefits shall be re-determined through the recertification process prior to the end of the twenty-four (24) month period.

B.The DHS shall notify families of the eligibility redetermination date by sending the renewal form no later than the first (1st) day of the last month of the eligibility period. The renewal form shall indicate the date the form is due back to the DHS.

C.Families must submit the completed and signed form to the DHS by the renewal due date in order for the CCAP authorized services to continue without interruption.

4.4.5Notice Requirements: Notice of Approval, Notice of Denial, Right to Appeal and Hearing

A.Applicants for the CCAP shall receive timely and adequate notice of the DHS eligibility determinations and the right to appeal. The DHS shall also provide timely and adequate notice of any adverse decisions terminating or reducing benefits.

History

• Amendment — effective from 2026-06-11 to current
• Amendment — effective from 2025-07-23 to 06/11/2026
• EMERGENCY RULE Amendment — effective from 2025-01-07 to 05/07/2025
• Amendment — effective from 2025-01-01 to 07/23/2025
• Amendment — effective from 2024-07-29 to 01/01/2025
• Amendment — effective from 2024-02-24 to 07/29/2024
• Amendment — effective from 2023-04-01 to 02/24/2024
• Amendment — effective from 2023-02-09 to 04/01/2023
• Amendment — effective from 2022-09-15 to 02/09/2023
• EMERGENCY RULE Amendment — effective from 2022-07-05 to 09/15/2022
• Amendment — effective from 2022-04-23 to 07/05/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/23/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/01/2022
• Amendment — effective from 2022-02-27 to 04/01/2022
• EMERGENCY RULE Amendment — effective from 2021-09-17 to 02/27/2022
• Amendment — effective from 2021-09-02 to 09/17/2021
• EMERGENCY RULE Amendment — effective from 2021-04-01 to 09/02/2021
• Amendment — effective from 2020-04-10 to 04/01/2021
• Amendment — effective from 2019-08-14 to 04/10/2020
• EMERGENCY RULE Amendment — effective from 2019-06-19 to 08/14/2019
• Amendment — effective from 2019-03-25 to 06/19/2019
• EMERGENCY RULE Amendment — effective from 2018-09-27 to 03/25/2019
• EMERGENCY RULE Amendment — effective from 2017-05-08 to 10/01/2017
• Technical Revision — effective from 2016-08-11 to 10/01/2017
• Amendment — effective from 2016-08-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2016-03-01 to 06/29/2016
• EMERGENCY RULE Amendment — effective from 2015-12-01 to 03/30/2016
• Amendment — effective from 2015-06-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2015-04-01 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 07/09/2014
• Amendment — effective from 2014-07-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2014-04-01 to 07/30/2014
• Amendment — effective from 2014-03-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2013-10-01 to 03/09/2014
• Amendment — effective from 2013-08-29 to 03/09/2014
• EMERGENCY RULE Amendment — effective from 2013-04-01 to 07/30/2013
• Amendment — effective from 2012-07-01 to 08/29/2013
• EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/01/2012
• Amendment — effective from 2011-07-21 to 07/01/2012
• EMERGENCY RULE Amendment — effective from 2011-04-01 to 07/21/2011
• Technical Revision — effective from 2010-04-29 to 07/21/2011
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-04-29 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-03-01 to 04/29/2009
• Technical Revision — effective from 2008-10-15 to 04/29/2009
• Amendment — effective from 2008-09-17 to 10/15/2008
• Amendment — effective from 2008-08-01 to 09/17/2008
• EMERGENCY RULE Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-06-05 to 07/01/2008
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2007-11-08 to 06/05/2008
• Amendment — effective from 2007-10-01 to 11/08/2007
• Amendment — effective from 2007-09-01 to 10/01/2007
• EMERGENCY RULE Amendment — effective from 2007-03-01 to 09/01/2007
• Amendment — effective from 2006-10-01 to 09/01/2007
• Amendment — effective from 2006-08-30 to 10/01/2006
• EMERGENCY RULE Amendment — effective from 2006-07-21 to 08/30/2006
• Amendment — effective from 2006-05-01 to 08/30/2006
• EMERGENCY RULE Adoption — effective from 2006-03-01 to 05/01/2006
• Amendment — effective from 2005-09-29 to 03/01/2006
• Amendment — effective from 2005-05-30 to 09/29/2005
• EMERGENCY RULE Adoption — effective from 2005-03-30 to 05/30/2005
• Amendment — effective from 2004-11-30 to 03/30/2005
• Amendment — effective from 2004-08-23 to 08/08/2004
• EMERGENCY RULE Adoption — effective from 2004-08-08 to 11/30/2004
• EMERGENCY RULE Adoption — effective from 2004-07-01 to 08/23/2004
• Amendment — effective from 2004-07-01 to 07/01/2004
• Amendment — effective from 2004-06-27 to 07/01/2004
• EMERGENCY RULE Adoption — effective from 2004-03-19 to 06/27/2004
• Amendment — effective from 2004-01-01 to 03/19/2004
• Amendment — effective from 2003-05-11 to 01/01/2004
• Amendment — effective from 2002-05-21 to 05/12/2002
• Technical Revision — effective from 2002-05-12 to 05/11/2003
• Amendment — effective from 2002-01-30 to 05/21/2002
• Periodic Refile — effective from 2002-01-02 to 01/30/2002

218-RICR-20-00-4 § 4.5 Criteria for RI Works CCAP Eligibility

4.5.1General Requirements and Criteria

A.RI Works recipients who fulfill the general requirements stated in § 4.3 of this Part, shall meet the following criteria to be eligible for the CCAP:

1.The CCAP authorized services shall only be approved for RI Works recipients who have an acceptable need for services related to fulfilling program requirements.

a.The following shall constitute an acceptable need for services for RI Works eligible families:

(1)The parent(s) or caretaker relative shall have an approved, signed and current employment plan on file and shall need the CCAP authorized child care services during periods of time when engaged in one (1) or more of the component activities required to comply with that plan.

(2)RI Works families receiving the CCAP services shall meet the employment plan component activity requirements outlined in the Rhode Island Works Rules and Regulations, § 2.11 of this Subchapter. Such component activities include those specified therein, as well as any combination of education and work-related activities contained in an approved employment plan.

(3)In a two (2) parent home, both parents shall have a signed and approved current employment plan as specified in the Rhode Island Works Program Rules and Regulations, § 2.11 of this Subchapter.

b.To have an acceptable need for services, TFD participants who are RI Works cash assistance recipients shall meet the following program-specific criteria:

(1)TFD parents shall not yet be in possession of a high school diploma or equivalency.

(2)The parent shall be actively working with the TFD Visiting Program and participating in an approved education activity, as specified in a current RI Works Employment Plan. The applicant child must be living with the TFD participant and the need for child care services must be directly related to working, obtaining a high school education or otherwise participating in activities required by the TFD program.

(3)A teen parent who is under age sixteen (16) may not obtain authorized CCAP child care services on their own, unless documentation of emancipation exists or circumstances exist that the inclusion of the parent or legal guardian would present an obstacle to securing child care. The CCAP child care services extended to a teen parent under the age of sixteen (16) shall be authorized under a parent or legal guardian of the teen parent and may also include that teen parent as a child care recipient.

4.5.2Limitations

A.Child care services shall not be authorized for a RI Works CCAP eligible family under the following circumstances:

1.In a one (1) parent home, the parent has failed to complete their approved RI Works employment plan;

2.One (1) of the parents in a two (2) parent home does not have an approved employment plan;

3.One (1) of the parents in a two (2) parent home is statutorily barred from receiving RI Works and is not working;

4.A parent of the eligible child is providing the child care, irrespective of whether the parent lives in the same legal residence as the eligible child(ren); or

5.A person living in the same legal residence of the eligible child(ren) is providing the child care.

4.5.3Exceptions

A.The following exceptions apply to the general and program-specific criteria for RI Works CCAP eligibility:

1.RI Works recipients whose RI Works cash assistance is scheduled to close, and who are requesting child care assistance due to employment, will have their CCAP eligibility determined using income eligibility rules if the RI Works case closes prior to the application for child care assistance.

2.The CCAP services may be authorized if one (1) of the parents in a two (2) parent home does not have an approved employment plan when the family provides written verification from a licensed health care practitioner, program or facility, qualified to make such a determination, indicating that the parent without an approved employment plan cannot provide appropriate, routine care of the child due to a neurophysiological, psychological or emotional disorder, physical impairment, or serious health condition.

a.Requests for an exception shall be made on forms approved by the Department and submitted along with the required medical documentation.

b.Any health information requested or obtained for the purposes of this Section shall be subject to the privacy protections established in State law and the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub. Law 104–191.

4.5.4Co-payments

A.The CCAP co-payments are applied to recipients of RI Works as follows:

1.RI Works recipients who receive Child Care Assistance as a supportive service are provided assistance at a co-payment of zero ($0.00).

2.Loco-parentis applicants receiving RI Works cash assistance on behalf of the child, but who are not included in the RI Works payment, are assessed a co-payment amount based upon the Family Cost Sharing Requirement.

B.Housing insecure families applying for the CCAP shall have a co-payment of zero ($0.00).

History

• Amendment — effective from 2026-06-11 to current
• Amendment — effective from 2025-07-23 to 06/11/2026
• EMERGENCY RULE Amendment — effective from 2025-01-07 to 05/07/2025
• Amendment — effective from 2025-01-01 to 07/23/2025
• Amendment — effective from 2024-07-29 to 01/01/2025
• Amendment — effective from 2024-02-24 to 07/29/2024
• Amendment — effective from 2023-04-01 to 02/24/2024
• Amendment — effective from 2023-02-09 to 04/01/2023
• Amendment — effective from 2022-09-15 to 02/09/2023
• EMERGENCY RULE Amendment — effective from 2022-07-05 to 09/15/2022
• Amendment — effective from 2022-04-23 to 07/05/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/23/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/01/2022
• Amendment — effective from 2022-02-27 to 04/01/2022
• EMERGENCY RULE Amendment — effective from 2021-09-17 to 02/27/2022
• Amendment — effective from 2021-09-02 to 09/17/2021
• EMERGENCY RULE Amendment — effective from 2021-04-01 to 09/02/2021
• Amendment — effective from 2020-04-10 to 04/01/2021
• Amendment — effective from 2019-08-14 to 04/10/2020
• EMERGENCY RULE Amendment — effective from 2019-06-19 to 08/14/2019
• Amendment — effective from 2019-03-25 to 06/19/2019
• EMERGENCY RULE Amendment — effective from 2018-09-27 to 03/25/2019
• EMERGENCY RULE Amendment — effective from 2017-05-08 to 10/01/2017
• Technical Revision — effective from 2016-08-11 to 10/01/2017
• Amendment — effective from 2016-08-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2016-03-01 to 06/29/2016
• EMERGENCY RULE Amendment — effective from 2015-12-01 to 03/30/2016
• Amendment — effective from 2015-06-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2015-04-01 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 07/09/2014
• Amendment — effective from 2014-07-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2014-04-01 to 07/30/2014
• Amendment — effective from 2014-03-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2013-10-01 to 03/09/2014
• Amendment — effective from 2013-08-29 to 03/09/2014
• EMERGENCY RULE Amendment — effective from 2013-04-01 to 07/30/2013
• Amendment — effective from 2012-07-01 to 08/29/2013
• EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/01/2012
• Amendment — effective from 2011-07-21 to 07/01/2012
• EMERGENCY RULE Amendment — effective from 2011-04-01 to 07/21/2011
• Technical Revision — effective from 2010-04-29 to 07/21/2011
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-04-29 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-03-01 to 04/29/2009
• Technical Revision — effective from 2008-10-15 to 04/29/2009
• Amendment — effective from 2008-09-17 to 10/15/2008
• Amendment — effective from 2008-08-01 to 09/17/2008
• EMERGENCY RULE Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-06-05 to 07/01/2008
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2007-11-08 to 06/05/2008
• Amendment — effective from 2007-10-01 to 11/08/2007
• Amendment — effective from 2007-09-01 to 10/01/2007
• EMERGENCY RULE Amendment — effective from 2007-03-01 to 09/01/2007
• Amendment — effective from 2006-10-01 to 09/01/2007
• Amendment — effective from 2006-08-30 to 10/01/2006
• EMERGENCY RULE Amendment — effective from 2006-07-21 to 08/30/2006
• Amendment — effective from 2006-05-01 to 08/30/2006
• EMERGENCY RULE Adoption — effective from 2006-03-01 to 05/01/2006
• Amendment — effective from 2005-09-29 to 03/01/2006
• Amendment — effective from 2005-05-30 to 09/29/2005
• EMERGENCY RULE Adoption — effective from 2005-03-30 to 05/30/2005
• Amendment — effective from 2004-11-30 to 03/30/2005
• Amendment — effective from 2004-08-23 to 08/08/2004
• EMERGENCY RULE Adoption — effective from 2004-08-08 to 11/30/2004
• EMERGENCY RULE Adoption — effective from 2004-07-01 to 08/23/2004
• Amendment — effective from 2004-07-01 to 07/01/2004
• Amendment — effective from 2004-06-27 to 07/01/2004
• EMERGENCY RULE Adoption — effective from 2004-03-19 to 06/27/2004
• Amendment — effective from 2004-01-01 to 03/19/2004
• Amendment — effective from 2003-05-11 to 01/01/2004
• Amendment — effective from 2002-05-21 to 05/12/2002
• Technical Revision — effective from 2002-05-12 to 05/11/2003
• Amendment — effective from 2002-01-30 to 05/21/2002
• Periodic Refile — effective from 2002-01-02 to 01/30/2002

218-RICR-20-00-4 § 4.6 Criteria for Income Eligibility

4.6.1General Requirements and Criteria

A.Working families, where a parent(s) is participating in an approved education or training program, or an approved college program as well as TFD participants not receiving RI Works cash assistance who meet the general requirements in § 4.3 of this Part and the following criteria may be CCAP income eligible:

1.Financial Determination

a.The countable income of the financial unit shall be at or below two hundred sixty-one percent (261%) of the Federal poverty level (FPL), based on family size.

(1)Transitional Child Care allows families currently eligible for child care to continue to receive child care after their income exceeds two hundred sixty-one percent (261%) of the Federal poverty level (FPL), as long as income remains below three hundred percent (300%) FPL.

(2)When income rises above three hundred percent (300%) of the FPL the family is no longer eligible.

(3)New child care assistance applicants with income over two hundred sixty-one percent (261%) of the FPL will not be eligible for Transitional Child Care.

(4)Eligibility for Transitional Child Care will be determined at normal recertification times.

(5)Families found eligible will be continued on Transitional Child Care until they reach three hundred percent (300%) of the FPL.

(AA)If approved for Transitional Child Care and income later falls below two hundred sixty-one percent (261%) of the FPL, at recertification, eligibility for Transitional Child Care ends and an application for Child Care Assistance under the regular CCAP can occur.

(BB)Families are eligible to resume Transitional Child Care if their income were to again rise above two hundred sixty-one percent (261%) of the FPL.

b.The income of self-employed families shall be calculated as outlined in the Rhode Island Works Program Rules and Regulations, § 2.15.4 of this Subchapter.

c.In the process of determining eligibility for the CCAP, prospective budgeting is used. Eligibility is established based on the knowledge and reasonable expectation of what income and circumstances will exist in the month for which a payment is authorized.

(1)Weekly income for these cases is converted to a monthly amount using the 4.3333 weeks per month conversion method.

(2)The projected estimate of income is valid for the following periods:

(AA)Between the initial determination of eligibility and redetermination;

(BB)Between redeterminations; and

(CC)Following a change in income or circumstances which is reported by the recipient or discovered by the Department.

B.Treatment of Assets

1.A determination of eligibility requires a declaration by the applicant that the family's assets do not exceed one million dollars ($1,000,000). Assets include vehicles (excluding primary vehicle), real estate properties (excluding primary residence), cash, money in bank accounts, investments (including, but not limited to, money market accounts, certificates of deposit or other time deposits, stocks, bonds, mutual funds, and other similar financial instruments or accounts).

a.Assets do not include educational savings accounts, plans, or programs; retirement accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse, living outside the same household but only to the extent the applicant/recipient family documents the funds are from sources owned by the other adult living outside the household, plus the proportionate share of any interest, dividend, or capital gains.a. Applicant declaration is considered verification of assets at initial eligibility and at redetermination unless the stated resources are close to limit or there is other reason to require verification.

b.The request for verification shall be at the discretion of the DHS representative if the information given is inconsistent or questionable from information known to the Department.

c.If, at application or recertification, the combined value of the child's or the family's assets exceeds the one million dollar ($1,000,000.00) asset limit, the family is ineligible and the application is denied.

d.If a family's assets increase to one million dollars ($1,000,000) during the approved certification period, there is no impact to the family's benefits until recertification.

2.Whenever the applicant is a joint account holder who has unrestricted access to the funds in the account, all of the funds in the account are presumed to be the resources of the applicant. The applicant is offered the opportunity to submit evidence in rebuttal as described below.

a.A successful rebuttal results in finding that the funds (or a portion of the funds) in the joint account are not owned by the applicant and, therefore, are not the resources of the applicant.

b.In order for a household member to demonstrate a lack of ownership, or only partial ownership of a resource, two (2) of the following sources of documentation must be presented as evidence:

(1)Documents showing the origin of the resource;

(2)Documentation through Federal or State tax records as to which of the joint account holders declares the tax on the interest credited to the account as income;

(3)Records of who makes deposits and withdrawals and, if appropriate, of how withdrawn funds are spent. The person claiming a lack of ownership (or accessibility) should not have made any withdrawals;

(4)A notarized affidavit that details a written or oral agreement made between the parties listed on the resource or by someone who established or contributed to the resource, with respect to the ownership of the funds in the resource;

(5)When the household member states that s/he does not own a bank account but is listed as a co-holder solely as a convenience to the other co-holder to conduct bank transactions on his/her behalf, evidence of the age, relationship, physical or mental condition, or place of residence of the co-holder must be provided; or

(6)A signed, notarized statement from the household member and from either other individual(s) listed in the joint account, or the person who established or contributed to the account, stating that the applicant or recipient had no knowledge of the existence of the account.

c.A document or piece of evidence submitted to verify a particular fact does not count as more than one (1) verification under the above Sections. However, a document, piece of evidence or a statement may address more than one (1) fact needed for verification.

d.If a household member cannot demonstrate that s/he is not the owner of the account through the submission of two (2) of the above listed documents, the rebuttal must be denied.

C.Family Cost Sharing Requirement

1.Eligible families with countable income above one hundred percent (100%) of the FPL shall pay a share of the expense for the child care services.

a.The family shall be assessed for a share of the cost for authorized services (formerly referred to as co-payment) based on a percentage of the gross countable income for families at each level.

b.The family share and income guidelines are set in accordance with the CCAP Cost-Sharing Payment Rate Table.

c.The income levels and percentage range of family shares are as follows:

LEVEL

FEDERAL POVERTY LEVEL

AMOUNT

Level 0

Less than or equal to 100%

No Family Share

Level 1

Above 100% up to and including 125%

2% of Countable Gross Income

Level 2

Above 125% up to and including 150%

5% of Countable Gross Income

Level 3

Above 150% up to and including 261%

7% of Countable Gross Income

Level 4

Above 261% up to and including 300%

7% of Countable Gross Income

d.Income levels zero through three (0-3) are co-share amounts for on-going or new applicants. Income level four (4) is the co-share amounts for CCAP participants receiving Transitional Child Care.

e.Current CCAP Eligibility and Cost-Sharing levels by Gross Income Adjusted for Family Size are found here https://dhs.ri.gov/programs-and-services/child-care/child-care-assistance-program-ccap/ccap-family-eligibility-how on the DHS website.

2.The family share shall be determined without regard to the number of eligible children who are enrolled or the total of services utilized.

a.The family share shall be assigned to the youngest eligible child enrolled in care, that is, the eligible child who receives authorized services paid at the highest rate.

b.The family share shall only be distributed among providers when the total amount of the family share assigned exceeds the rate paid for the youngest eligible child enrolled.

3.A family's share of the cost for child care services approved for the CCAP payment shall be recalculated any time that the family reports a change and submits supporting documentation, or at recertification. The DHS shall recalculate the family’s share of the cost for the CCAP authorized services during the certification period and will adjust the family share only if the family submits documentation that would result in the lowering of the family share amount.

4.The Notice of Approval for child care assistance shall indicate whether a family is required to pay a share of the cost for authorized child services based on countable income.

a.The Approval Notice shall indicate to the family the exact amount of their family share and the income levels and associated family share percentages.

b.The family shall also be informed of the amount of their family share and which provider(s) to pay in the Confirmation of Enrollment letter.

4.6.2Need for Services

A.To be authorized for income-based CCAP child care services, the parent(s) shall have an acceptable need for services related to employment, or an approved educational or training program.

1.General Criteria: Income Eligible

a.For there to be an acceptable need for services in a two (2) parent home, each parent shall be employed a minimum of an average of twenty (20) hours per week in a month and require the CCAP child care services in order to work in accordance with the Section below, entitled, Limitations.

(1)The twenty (20) hours per week minimum requirement cannot be met by combining the working hours of both parents, but must be met individually by each working parent.

(2)In addition, the working parents shall each earn, per hour, an average of the greater of either the State or Federal minimum wage.

b.For there to be an acceptable need for services in a one (1) parent home, the parent living in the household shall be employed a minimum of an average of twenty (20) hours per week in a month, earn, per hour, an average of the greater of either the State or Federal minimum wage, and require the CCAP child care services in order to work.

2.Program-Specific Criteria: Non RI Works cash assistance TFD Participants

a.To obtain the CCAP authorized services, non-RI Works teens applying for income eligibility shall meet the applicable general criteria as well as the following program-specific criteria:

(1)The applicant parent shall be a TFD participant without a high school degree or its equivalent; and

(2)The applicant TFD parent shall be employed, attending school or participating in education related activities, or engaged in some combination thereof for a minimum of twenty (20) hour per week, on average, in a month.

b.The CCAP child care services for TFD participants who meet these requirements will be authorized for a period of no less than twenty-four (24) months.

3.Program-Specific Criteria for Child Care for Training

a.The Department shall provide child care to income eligible/low-income families with income below two hundred sixty-one percent (261%) of the Federal poverty level who are involved in training, apprenticeship, internship, on-the-job training, work experience, work immersion, or other job readiness/job attachment programs sponsored or funded by the Human Resource Investment Council (Governor's Workforce Board) or State agencies that are part of the coordinated program system pursuant to R.I. Gen. Laws § 42-102-11, or as approved by the CCAP Program Administrator.

b.To obtain the CCAP authorized services, such applicants applying for income eligibility shall meet the applicable general criteria as well as the following program-specific criteria:

(1)The applicant parent shall be a participant in an approved training, apprenticeship, internship, on-the-job training, work experience, work immersion, or other job readiness/job attachment programs sponsored or funded by the Human Resource Investment Council (Governor's Workforce Board) or State agencies that are part of the coordinated program, or other training program as approved by the CCAP Administrator and require the CCAP child care services in order to take part in the job readiness/job attachment activities; and

(2)The applicant parent shall be participating in approved education or training activities for a minimum of twenty (20) hours per week, on average, in a month. The CCAP child care services for participants who meet this requirement may be authorized for a period of no less than twenty-four (24) months.

c.For there to be an acceptable need for services in a two (2) parent home, one (1) parent shall be participating in approved education or training activities, and the other parent shall be participating in approved education or training activities or employed for an average of twenty (20) hours per week in a month and require the CCAP child care services in order to participate in the activity.

(1)In addition, any parent with earned income outside of the approved education and training program shall earn, per hour, an average of the greater of either the State or Federal minimum wage.

d.For there to be an acceptable need for services in a one (1) parent home, the parent living in the household shall be participating in approved education or training activities for a minimum of an average of twenty (20) hours per week in a month.

4.Program-Specific Criteria for Child Care for College

a.The Department shall provide child care to Income Eligible/Low-income families with income below two hundred sixty-one percent (261%) of the Federal poverty level who are enrolled in a degree program at a Rhode Island public institution of higher education.

b.To obtain CCAP authorized services, such applicants applying for income eligibility shall meet the applicable general criteria as well as one (1) of the following program-specific criteria:

(1)The applicant parent shall be enrolled in a Rhode Island public institution of higher education for a minimum of seven (7) credit hours in the semester of application.

(AA)Per the New England Association of Schools and Colleges (NEASC) accreditation requires that faculty assign two (2) hours of outside work for every one (1) hour spent in the classroom. Therefore, a student taking seven (7) credit hours is participating in twenty-one (21) hours of school activity and meeting the weekly activity requirements a minimum of twenty (20) hours per week, on average, in a month. CCAP child care services for participants who meet this requirement may be authorized for a period of no less than twenty-four (24) months or;

(2)The applicant parent shall be enrolled in a degree program at a Rhode Island public institution of higher education and be employed with the combination of approved college based credit hours and work hours equaling at least twenty (20) hours per week.

c.For there to be an acceptable need for services in a two (2) parent home, both parents shall each be participating in one (1) of the following:

(1)Approved education or training activities;

(2)Employed for an average of twenty (20) hours per week in a month;

(AA)Any parent with earned income outside of the approved education and training program shall earn, per hour, an average of the greater of either the State or Federal minimum wage.

(3)Enrolled in a degree program at a Rhode Island public institute of higher education with a minimum of twenty (20) college credit hours; or

(4)Employed and enrolled in a degree program at a Rhode Island public institute of higher education with a combination of approved college credit hours and work hours equaling at least twenty (20) hours per week.

d.For there to be an acceptable need for services in a one (1) parent home, the parent living in the household shall be enrolled in college for a minimum of seven (7) credit hours to meet an average of twenty (20) hours per week in a month or employed and enrolled in a degree program at a Rhode Island public institute of higher education with a combination of approved college credit hours and work hours equaling at least twenty (20) hours per week.

4.6.3Limitations

A.The need for child care services shall be related to the periods of time in which no parent is available to provide care for the child as a result of employment or education or training. The CCAP child care services shall not be authorized for an otherwise income eligible child under the following circumstances:

1.A parent of the eligible child is self-employed as a child care provider, and is requesting payment for care they provided to their own child or another child living in the same household.

2.A parent is providing the child care, irrespective of whether the parent lives in the same household as the eligible child(ren);

3.A person living in the same legal residence of the eligible child(ren) is providing the child care;

4.The applicant parent's sole source of income is derived from rental and/or room and board income, and the need for services is based on activities related to obtaining or collecting that income;

5.The applicant parent's need for services is based in part or in whole on time spent working as a volunteer, or in any similar capacity in which no wages are earned, paid, or expected. Unpaid work of this kind also shall not count toward the minimum number of work hours required for the CCAP income eligibility; or,

6.Such activities shall not be considered employment for the purposes of this Section and, as such, shall not count toward the minimum number of hours of work required to establish a need for the CCAP authorized child care services.

4.6.4Exceptions

A.In certain circumstances, families unable to meet the need for services requirements may qualify for an exception that allows authorization of the CCAP services. The exceptions are as follows:

1.Parents with Disabilities

a.The CCAP services may be authorized if one (1) of the parents in a two (2) parent home or the parent in a one (1) parent home does not meet the employment, training or college requirements for approved activity because of a disability and the family provides written verification from a licensed health care practitioner, program or facility, qualified to make such a determination, indicating that the parent without an approved activity cannot provide appropriate, routine care of the child due to a neurophysiological, psychological or emotional disorder, physical impairment, or serious health condition.

(1)Requests for an exception shall be made by submitting Department approved form along with the required medical documentation.

(2)Any health information requested or obtained for the purposes of this Section shall be subject to the privacy protections established in State law and the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub. Law 104–191.

b.Employed parents determined to have disabilities may be exempt from meeting the minimum number of hours of work and the minimum wage requirements required to establish a need for services set forth in this Section.

c.An exemption shall not be granted until an assessment by an appropriate entity or provider of the parent's condition is complete, a final determination of disability is made, and the documentation verifying the parent's disability is submitted to the DHS.

d.Notice of the decision shall be provided to the parent requesting the exemption.

2.Temporary Active Job Search

a.A parent engaged in an active job search at application or recertification may be eligible for temporary CCAP benefits subject to certain guidelines and limitations.

(1)To obtain the CCAP authorized services, applicants applying for income eligibility shall meet the applicable general criteria as well as the following criteria related to a temporary active job search:

(AA)The applicant parent shall be actively engaged in a job search and require the CCAP child care services in order to take part in the job readiness/job search activities.

b.For there to be an acceptable need for services in a two (2) parent home, one (1) parent shall be participating in an active job search and the other parent shall be participating in approved education or training activities or employed for an average of twenty (20) hours per week in a month and require the CCAP child care services in order to participate in the activity.

(1)In addition, any parent with earned income shall earn, per hour, an average of the greater of either the State or Federal minimum wage.

(2)Family co-share will be determined based on the household income at time of application.

c.For there to be an acceptable need for services in a one (1) parent home, the parent living in the household shall be participating in an active job search a minimum of an average of twenty (20) hours per week in a month.

d.Eligibility for CCAP benefits when one or both parents have a temporary job search is limited to twenty (20) hours per week or Three Quarter Time (TQT) authorization for a maximum of three (3) months from the authorization date.

e.The CCAP child care services for participants who meet this requirement may be authorized for a period of no less than twenty-four (24) months, however if there is no reported income based on employment within three (3) months of the date of authorization, CCAP benefits will terminate.

(1)If a job is reported prior to the end of the three-month period, the case will be updated to include the employment. Benefits may increase at that time based on the hours of employment, but in no case will benefits be reduced prior to the end of the twenty-four (24) month certification period if the applicant reports and verifies employment that meets employment criteria including a minimum of twenty (20) hours per week earning, per hour, the greater of the State or Federal minimum wage.

f.CCAP for a Temporary Active Job Search is limited to one (1) three (3) month period in the twenty-four (24) month period following the authorization of benefits and no more than two (2) three (3) month periods total per household per life time.

5.Short Term Special Approval due to a Temporary Medical Condition at Recertification

a.At recertification, if an applicant parent or recipient child experiences a serious health condition that results in a temporary need for continued CCAP benefits the family may be eligible for up to two (2) six (6) month extensions of benefits provided:

(1)The parent submits written verification from a licensed health care practitioner, program or facility, qualified to make such a determination, indicating that the parent without an approved activity cannot provide appropriate, routine care of the child due to either the parent's or child's temporary neurophysiological, psychological or emotional disorder, physical impairment, or serious health condition that prevents the parent from providing appropriate care.

(AA)If the need for an extension is based on the child's health condition, a written verification from a licensed health care practitioner, program or facility, qualified to make such a determination indicating that the discontinuation of the CCAP services will have a direct adverse effect on the eligible child's health and well being is required for verification.

(BB)If the need for an extension is based on the parent's health condition, there must be documented evidence from a qualified health care provider or practitioner that the health condition of the parent prohibits both employment and the routine child care activities necessary to maintain the health and safety of the child.

(i)A parent hospitalized as a result of an acute illness or condition, or bedridden while recovering from an illness or condition for a limited period, may be eligible to receive partial or full payment of child care expenses until able to resume employment, subject to the general restrictions of this Section.

(ii)A parent participating in a prescribed remediation or rehabilitation protocol, such as substance abuse treatment, parenting skills training, therapy or counseling, that will lead to the alleviation of the need for services may be eligible to receive partial or full payment of child care expenses during treatment, subject to the general restrictions of this Section. Documentation of a family assessment, conducted by a qualified provider and/or evidence of enrollment/participation in prescribed protocol is required.

b.The temporary extension is limited to income eligible families who have been receiving authorized CCAP services and have lost or are in jeopardy of losing benefits because of the change in approved activity directly related to a short-term verified serious health condition.

(1)The available countable income of the family must remain within income eligibility guidelines during the temporary extension.

c.The temporary extension of benefits under this Section shall be approved, upon initial request, for up to six (6) months, and may only be approved for an additional six (6) months for a maximum of twelve (12) months if the family provides documentation to the DHS indicating that:

a.The parent's condition will improve during the additional time to the extent necessary for the parent to return to work or participate in their RI Works employment plan, once the extension is over; or

b.The child's permanent placement in a long-term treatment or special needs program cannot be arranged without additional time.

d.In no case shall an extension of benefits related to short-term health conditions serve as an adjunct to or a substitute for services, administered by other government agencies or their designees that provide long-term treatment or otherwise address the special needs of a child. Similarly, an extension of benefits related to the short-term health conditions of a parent are not based on an assessment of whether the successful remediation/rehabilitation can be achieved and shall not be portrayed as such for any purpose. Accordingly, authorization of an extension of CCAP benefits under the requirements set forth in this Section shall not be construed to or in any way mitigate, or otherwise address, the underlying cause (e.g., impairment, serious health condition, etc.) creating the need for services.

History

• Amendment — effective from 2026-06-11 to current
• Amendment — effective from 2025-07-23 to 06/11/2026
• EMERGENCY RULE Amendment — effective from 2025-01-07 to 05/07/2025
• Amendment — effective from 2025-01-01 to 07/23/2025
• Amendment — effective from 2024-07-29 to 01/01/2025
• Amendment — effective from 2024-02-24 to 07/29/2024
• Amendment — effective from 2023-04-01 to 02/24/2024
• Amendment — effective from 2023-02-09 to 04/01/2023
• Amendment — effective from 2022-09-15 to 02/09/2023
• EMERGENCY RULE Amendment — effective from 2022-07-05 to 09/15/2022
• Amendment — effective from 2022-04-23 to 07/05/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/23/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/01/2022
• Amendment — effective from 2022-02-27 to 04/01/2022
• EMERGENCY RULE Amendment — effective from 2021-09-17 to 02/27/2022
• Amendment — effective from 2021-09-02 to 09/17/2021
• EMERGENCY RULE Amendment — effective from 2021-04-01 to 09/02/2021
• Amendment — effective from 2020-04-10 to 04/01/2021
• Amendment — effective from 2019-08-14 to 04/10/2020
• EMERGENCY RULE Amendment — effective from 2019-06-19 to 08/14/2019
• Amendment — effective from 2019-03-25 to 06/19/2019
• EMERGENCY RULE Amendment — effective from 2018-09-27 to 03/25/2019
• EMERGENCY RULE Amendment — effective from 2017-05-08 to 10/01/2017
• Technical Revision — effective from 2016-08-11 to 10/01/2017
• Amendment — effective from 2016-08-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2016-03-01 to 06/29/2016
• EMERGENCY RULE Amendment — effective from 2015-12-01 to 03/30/2016
• Amendment — effective from 2015-06-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2015-04-01 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 07/09/2014
• Amendment — effective from 2014-07-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2014-04-01 to 07/30/2014
• Amendment — effective from 2014-03-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2013-10-01 to 03/09/2014
• Amendment — effective from 2013-08-29 to 03/09/2014
• EMERGENCY RULE Amendment — effective from 2013-04-01 to 07/30/2013
• Amendment — effective from 2012-07-01 to 08/29/2013
• EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/01/2012
• Amendment — effective from 2011-07-21 to 07/01/2012
• EMERGENCY RULE Amendment — effective from 2011-04-01 to 07/21/2011
• Technical Revision — effective from 2010-04-29 to 07/21/2011
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-04-29 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-03-01 to 04/29/2009
• Technical Revision — effective from 2008-10-15 to 04/29/2009
• Amendment — effective from 2008-09-17 to 10/15/2008
• Amendment — effective from 2008-08-01 to 09/17/2008
• EMERGENCY RULE Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-06-05 to 07/01/2008
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2007-11-08 to 06/05/2008
• Amendment — effective from 2007-10-01 to 11/08/2007
• Amendment — effective from 2007-09-01 to 10/01/2007
• EMERGENCY RULE Amendment — effective from 2007-03-01 to 09/01/2007
• Amendment — effective from 2006-10-01 to 09/01/2007
• Amendment — effective from 2006-08-30 to 10/01/2006
• EMERGENCY RULE Amendment — effective from 2006-07-21 to 08/30/2006
• Amendment — effective from 2006-05-01 to 08/30/2006
• EMERGENCY RULE Adoption — effective from 2006-03-01 to 05/01/2006
• Amendment — effective from 2005-09-29 to 03/01/2006
• Amendment — effective from 2005-05-30 to 09/29/2005
• EMERGENCY RULE Adoption — effective from 2005-03-30 to 05/30/2005
• Amendment — effective from 2004-11-30 to 03/30/2005
• Amendment — effective from 2004-08-23 to 08/08/2004
• EMERGENCY RULE Adoption — effective from 2004-08-08 to 11/30/2004
• EMERGENCY RULE Adoption — effective from 2004-07-01 to 08/23/2004
• Amendment — effective from 2004-07-01 to 07/01/2004
• Amendment — effective from 2004-06-27 to 07/01/2004
• EMERGENCY RULE Adoption — effective from 2004-03-19 to 06/27/2004
• Amendment — effective from 2004-01-01 to 03/19/2004
• Amendment — effective from 2003-05-11 to 01/01/2004
• Amendment — effective from 2002-05-21 to 05/12/2002
• Technical Revision — effective from 2002-05-12 to 05/11/2003
• Amendment — effective from 2002-01-30 to 05/21/2002
• Periodic Refile — effective from 2002-01-02 to 01/30/2002

218-RICR-20-00-4 § 4.7 Authorization of Child Care Services

4.7.1Assessment and Scope of Authorized Child Care

A.Upon determining that a family is either RI Works CCAP eligible or income eligible for the CCAP, the agency representative shall make an assessment of the scope of authorized child care required to meet a family's need for services.

1.The authorization for the CCAP child care services is based on an assessment of the following factors related to the need for services:

a.The number of hours each day per week that the parent(s) of an eligible child is employed, in an approved education or training program or engaged in a RI Works or TFD approved activity that requires child care services.

b.Up to one (1) hour per day of child care may be added to the daily total to cover travel time from the child care location to place of employment/approved activity and return. Additional travel time may be allowed if there is a documented need, related directly to meeting work or employment plan commitments.

c.In cases where the parent is requesting the CCAP services under either §§ 4.5 or 4.6 of this Part, the allowable child care expense is based on the work or activity hours supported by paystubs and/or employer verification or verification of training/education activity hours.

2.Upon completing the assessment of a family's need for services, the agency representative determines the scope of child care services appropriate for each eligible child in the family. Child care services are then authorized as follows:

a.Full-time (FT) child care, for thirty (30) or more hours per week;

b.Three-quarter time (3QT) child care from twenty (20) up to twenty-nine (29) hours per week.

c.Half-time (HT) child care, from ten (10) up to nineteen (19) hours per week; and

d.Quarter time (QT) child care, for less than ten (10) hours per week.

4.7.2Limitations of Authorized Child Care

A.Authorized child care shall be utilized within the following parameters:

1.The Department authorizes the CCAP child care for a specific period of time that begins on the initial eligibility date and continues for no less than twenty-four (24) months from the benefit authorization/approval date.

2.An eligible child may receive the CCAP authorized services from multiple providers if necessary for a family to meet a need for services due to split shifts or non-traditional employment schedules, but only in instances in which the hours of authorized child care rendered by each provider do not overlap.

a.In no case, shall the DHS pay more than one (1) provider for the same hours of child care services authorized for a particular eligible child.

3.School Age Children cannot be enrolled for CCAP services from 9:30 A.M. to 1:30 P.M when school is in session.

4.Payment for the CCAP authorized services shall only be made when rendered by child care providers approved by the DHS who meet the requirements of § 4.11 of this Part.

5.Care shall not be authorized for eligible school age children age thirteen (13) and over unless a child has a documented disability that requires the child to have adult supervision.

6.An eligible child, enrolled with an approved provider, shall not be absent for more than four (4) consecutive weeks of authorized child care, unless granted a good cause exemption by the DHS as a result of a serious health condition or unusual family circumstance.

a.Parents shall make requests for good cause exemptions, in writing, to the DHS.

b.Timely notice, including a statement of appeal rights, shall be sent to the family by the DHS explaining the basis for granting or denying the request for an exemption to the four (4)consecutive weeks limit on absences from authorized the CCAP child care.

(1)Once the four (4) consecutive weeks limit has been reached, no payment shall be made for periods of authorized child care in which the eligible child is not in attendance unless a good cause exemption has been granted.

(2)The Department reserves the right to consider repeated extended absences of an eligible child when making recertifications of the CCAP eligibility.

c.Attendance policies may be adjusted in times of public health emergency, weather events, cyber security events, and/or when funding is available to the DHS for this purpose.

History

• Amendment — effective from 2026-06-11 to current
• Amendment — effective from 2025-07-23 to 06/11/2026
• EMERGENCY RULE Amendment — effective from 2025-01-07 to 05/07/2025
• Amendment — effective from 2025-01-01 to 07/23/2025
• Amendment — effective from 2024-07-29 to 01/01/2025
• Amendment — effective from 2024-02-24 to 07/29/2024
• Amendment — effective from 2023-04-01 to 02/24/2024
• Amendment — effective from 2023-02-09 to 04/01/2023
• Amendment — effective from 2022-09-15 to 02/09/2023
• EMERGENCY RULE Amendment — effective from 2022-07-05 to 09/15/2022
• Amendment — effective from 2022-04-23 to 07/05/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/23/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/01/2022
• Amendment — effective from 2022-02-27 to 04/01/2022
• EMERGENCY RULE Amendment — effective from 2021-09-17 to 02/27/2022
• Amendment — effective from 2021-09-02 to 09/17/2021
• EMERGENCY RULE Amendment — effective from 2021-04-01 to 09/02/2021
• Amendment — effective from 2020-04-10 to 04/01/2021
• Amendment — effective from 2019-08-14 to 04/10/2020
• EMERGENCY RULE Amendment — effective from 2019-06-19 to 08/14/2019
• Amendment — effective from 2019-03-25 to 06/19/2019
• EMERGENCY RULE Amendment — effective from 2018-09-27 to 03/25/2019
• EMERGENCY RULE Amendment — effective from 2017-05-08 to 10/01/2017
• Technical Revision — effective from 2016-08-11 to 10/01/2017
• Amendment — effective from 2016-08-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2016-03-01 to 06/29/2016
• EMERGENCY RULE Amendment — effective from 2015-12-01 to 03/30/2016
• Amendment — effective from 2015-06-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2015-04-01 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 07/09/2014
• Amendment — effective from 2014-07-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2014-04-01 to 07/30/2014
• Amendment — effective from 2014-03-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2013-10-01 to 03/09/2014
• Amendment — effective from 2013-08-29 to 03/09/2014
• EMERGENCY RULE Amendment — effective from 2013-04-01 to 07/30/2013
• Amendment — effective from 2012-07-01 to 08/29/2013
• EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/01/2012
• Amendment — effective from 2011-07-21 to 07/01/2012
• EMERGENCY RULE Amendment — effective from 2011-04-01 to 07/21/2011
• Technical Revision — effective from 2010-04-29 to 07/21/2011
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-04-29 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-03-01 to 04/29/2009
• Technical Revision — effective from 2008-10-15 to 04/29/2009
• Amendment — effective from 2008-09-17 to 10/15/2008
• Amendment — effective from 2008-08-01 to 09/17/2008
• EMERGENCY RULE Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-06-05 to 07/01/2008
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2007-11-08 to 06/05/2008
• Amendment — effective from 2007-10-01 to 11/08/2007
• Amendment — effective from 2007-09-01 to 10/01/2007
• EMERGENCY RULE Amendment — effective from 2007-03-01 to 09/01/2007
• Amendment — effective from 2006-10-01 to 09/01/2007
• Amendment — effective from 2006-08-30 to 10/01/2006
• EMERGENCY RULE Amendment — effective from 2006-07-21 to 08/30/2006
• Amendment — effective from 2006-05-01 to 08/30/2006
• EMERGENCY RULE Adoption — effective from 2006-03-01 to 05/01/2006
• Amendment — effective from 2005-09-29 to 03/01/2006
• Amendment — effective from 2005-05-30 to 09/29/2005
• EMERGENCY RULE Adoption — effective from 2005-03-30 to 05/30/2005
• Amendment — effective from 2004-11-30 to 03/30/2005
• Amendment — effective from 2004-08-23 to 08/08/2004
• EMERGENCY RULE Adoption — effective from 2004-08-08 to 11/30/2004
• EMERGENCY RULE Adoption — effective from 2004-07-01 to 08/23/2004
• Amendment — effective from 2004-07-01 to 07/01/2004
• Amendment — effective from 2004-06-27 to 07/01/2004
• EMERGENCY RULE Adoption — effective from 2004-03-19 to 06/27/2004
• Amendment — effective from 2004-01-01 to 03/19/2004
• Amendment — effective from 2003-05-11 to 01/01/2004
• Amendment — effective from 2002-05-21 to 05/12/2002
• Technical Revision — effective from 2002-05-12 to 05/11/2003
• Amendment — effective from 2002-01-30 to 05/21/2002
• Periodic Refile — effective from 2002-01-02 to 01/30/2002

218-RICR-20-00-4 § 4.8 Enrollment for CCAP Authorized Services

4.8.1Responsibilities

A.Through the enrollment process, the family of an eligible child and the CCAP approved child care provider of choice make the arrangements necessary for the delivery of the CCAP authorized services, in accordance with the requirements established by the Department for payment of allowable child care expenses.

1.The child care provider is required to transmit the pertinent information about these arrangements to the DHS using the CCAP automated enrollment system.

a.All CCAP approved providers shall have access to the CCAP automated enrollment system and are required to enroll all eligible children through that system within the first week the child enrolls with that provider as a condition of receiving payment for the CCAP authorized child care services.

B.DHS Responsibilities

1.The DHS shall issue each family applying for child care assistance a CCAP certificate number, to serve as a unique identifier for the purpose of enrolling an eligible child for authorized services and establishing a basis for payment to a CCAP approved provider.

a.Once the enrollment process has been completed, a letter shall be sent from the Department to both the family and provider that confirms enrollment of the child(ren) and indicates the assignment of the family's share of the cost for authorized services, if any.

b.The DHS shall initiate the process for authorizing payment to a provider for allowable child care expenses upon receipt of the notification that an eligible child has been enrolled. The DHS reserves the right to deny payment for services to providers who fail to enroll eligible children within the first week that an eligible, or potentially eligible, child begins care with that provider.

c.The DHS shall pay for child care service provided while an application is pending for housing insecure families, up to the first ninety (90) days, even if the application for the CCAP is ultimately denied for lack of verification or eligibility.

C.Responsibilities of the Family

1.To initiate the process of enrolling an eligible child for the CCAP authorized child care services, the family of the child shall contact a CCAP approved provider and present the Certificate of Approval for the CCAP services or its CCAP certificate number.

D.Enrollment During the Pending Period

1.As indicated in § 4.4.2 of this Part, some approved child care providers may be willing to enroll a child, using the CCAP certificate number, while the application is still pending and before the final determination of eligibility.

a.The certificate number may first be issued to the family in the pending letter, which acknowledges that the application has been received and is pending further review.

b.In RI Works cases, if no pending letter is sent and the application is approved, the certificate number is issued to the family in the Notice of Approval. In such instances, the following conditions apply:

(1)If the application for the CCAP services is subsequently denied by the Department, no payment shall be made for any child care services rendered during the period when the application was pending and before the final determination of eligibility.

(2)If a family does not give their DHS certificate number to a provider, the provider may hold the family liable for payment for any child care services used.

2.The family of the child shall present the CCAP certificate number to an approved provider when arranging authorized child care services.

3.Enrollment with Multiple CCAP Approved Providers

a.A family choosing to enroll a child for authorized services with multiple providers shall advise each provider accordingly when making arrangements for child care and shall not enroll a child at more than one (1) provider during overlapping hours.

b.The CCAP automated enrollment system prevents enrollment of, and payment for, services to an eligible child during overlapping hours.

c.No more than one (1) provider shall be authorized to provide full time services to an eligible child for a specific period of care.

4.The family of an eligible child may choose to change approved child care providers at any time while authorized for the CCAP child care services.

a.However, the DHS is permitted to make payment to only one (1) approved provider for a particular hour or set period of the CCAP authorized child care once the week begins.

b.Accordingly, families are best served when changes in providers are arranged to take effect at the start of the week (Sunday).

c.To the extent time and circumstances allow, notification of the change should be made by the parent to any providers involved.

(1)In general, however, to change approved child care providers a family is required to present the CCAP certificate number to the new provider of choice and make the arrangements necessary for authorized child care services.

(2)Enrollment information sent to the DHS by the new approved provider through the CCAP automated enrollment system shall automatically disenroll the eligible child from, and thereafter prohibit payment for, child care services rendered by the child's previous care provider.

d.Families may change approved providers at any time during the CCAP eligibility period.

5.A family may choose to enroll an eligible child for services in excess of the CCAP period authorized.

a.No CCAP payment shall be made for any unauthorized hours of child care even with an approved provider.

E.Responsibilities of CCAP Approved Providers.

1.It shall be the responsibility of the CCAP approved provider selected by the family of an eligible child to enroll a child in their program using the CCAP Provider Portal and the CCAP certificate number provided to the family before or during the first (1st) week of care.or during the first (1st) week that the CCAP authorized services are provided.

a.Payment is made to the provider with whom the child is enrolled in the CCAP Provider portal regardless of where the child attended.

b.Once a payment based on a child’s enrollment has been made to a provider, no additional payment will be made.

2.A provider may enroll the child of a housing insecure family prior to receipt of the immunization record and/or completion of other health and safety requirements.

a.A provider shall dis-enroll the child of a housing insecure family if the requirement to provide the immunization record and/or the completion of other health and safety requirements have not been met by day ninety (90) of the enrollment.

3.Only child care providers who have been approved and entered into a signed and valid DHS-Approved Provider Agreement, have access to the DHS CCAP automated enrollment system.

a.Both the DHS approval and access to the CCAP automated enrollment system are necessary preconditions for provider participation in the CCAP. (See § 4.11 of this Part for requirements for approval.)

4.The approved child care provider shall use the CCAP certificate number issued by the DHS acknowledging receipt of the application, as specified in § 4.4.2 of this Part, when enrolling a child whose eligibility for authorized services is pending.

a.The enrollment process is not completed unless and until the CCAP eligibility has been approved. Any provider that has not been approved by the DHS shall not initiate enrollment of a child for the purposes of seeking the CCAP payment, irrespective of whether a final determination of eligibility has been made.

b.If the application for the CCAP services is subsequently approved, payment for any CCAP authorized services rendered while the application is pending shall be made by the DHS to the approved provider as long as the child was appropriately enrolled.

c.Upon receipt of payment from the DHS, the approved provider shall refund the family for any allowable child care expenses paid by the family during the period in which the application was pending.

(1)The approved provider may apply a refund due to the family to future cost-sharing obligations of the family, if the eligible child’s family expressly requests, in writing, the refund be applied to future costs.

5.The approved provider shall enroll a child using the DHS CCAP automated enrollment system during the first (1st) week of care.

6.The approved provider shall dis-enroll a child immediately upon receiving notice that an eligible child shall not be using services any longer, for any reason.

a.A provider shall not receive continued payment for a child not in their care even if the parent failed to notify said provider of the child’s disenrollment.

7.The CCAP approved child care providers shall monitor enrollment patterns to ensure that the number of children receiving services at any one time remains within the provider's authorized maximum licensed capacity, that is, the total number of children in a provider's care including both the CCAP eligible and non-CCAP eligible children.

a.The Rhode Island DHS establishes the maximum capacity for all State-regulated child care centers and family child care homes in the applicable standards for licensure. The CCAP approved providers subject to the DHS Regulations shall not be permitted to enroll an eligible child through the DHS CCAP automated enrollment system when at full capacity.

b.Approved license exempt providers, though not directly regulated by the DHS, are prohibited by the State from caring for any unrelated children or for more than six (6) children related to the provider at any one (1) time without obtaining licensure as a family child care home.

(1)The children of the license exempt provider who are under six (6) years of age count toward the maximum limit of six (6) related children.

(2)The DHS shall not make payment for an eligible child once the maximum number of children allowed for a license exempt provider has been reached.

c.Approved child care providers cannot retroactively enroll an eligible child. Approved providers must enroll both eligible and pending children before or during the first (1st) week that care is delivered if the DHS payment is anticipated.

8.Providers shall not charge additional fees to CCAP eligible families enrolled in their program, including but not limited to activity fees, field trip fees, materials fees, registration, or annual fees. The only exception is for reasonable transportation costs when parents request transportation, provided that such costs do not exceed the transportation fees charged to all enrolled children. The terms of the additional fees must be clearly stated in the parent-provider agreement signed by the parent.

History

• Amendment — effective from 2026-06-11 to current
• Amendment — effective from 2025-07-23 to 06/11/2026
• EMERGENCY RULE Amendment — effective from 2025-01-07 to 05/07/2025
• Amendment — effective from 2025-01-01 to 07/23/2025
• Amendment — effective from 2024-07-29 to 01/01/2025
• Amendment — effective from 2024-02-24 to 07/29/2024
• Amendment — effective from 2023-04-01 to 02/24/2024
• Amendment — effective from 2023-02-09 to 04/01/2023
• Amendment — effective from 2022-09-15 to 02/09/2023
• EMERGENCY RULE Amendment — effective from 2022-07-05 to 09/15/2022
• Amendment — effective from 2022-04-23 to 07/05/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/23/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/01/2022
• Amendment — effective from 2022-02-27 to 04/01/2022
• EMERGENCY RULE Amendment — effective from 2021-09-17 to 02/27/2022
• Amendment — effective from 2021-09-02 to 09/17/2021
• EMERGENCY RULE Amendment — effective from 2021-04-01 to 09/02/2021
• Amendment — effective from 2020-04-10 to 04/01/2021
• Amendment — effective from 2019-08-14 to 04/10/2020
• EMERGENCY RULE Amendment — effective from 2019-06-19 to 08/14/2019
• Amendment — effective from 2019-03-25 to 06/19/2019
• EMERGENCY RULE Amendment — effective from 2018-09-27 to 03/25/2019
• EMERGENCY RULE Amendment — effective from 2017-05-08 to 10/01/2017
• Technical Revision — effective from 2016-08-11 to 10/01/2017
• Amendment — effective from 2016-08-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2016-03-01 to 06/29/2016
• EMERGENCY RULE Amendment — effective from 2015-12-01 to 03/30/2016
• Amendment — effective from 2015-06-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2015-04-01 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 07/09/2014
• Amendment — effective from 2014-07-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2014-04-01 to 07/30/2014
• Amendment — effective from 2014-03-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2013-10-01 to 03/09/2014
• Amendment — effective from 2013-08-29 to 03/09/2014
• EMERGENCY RULE Amendment — effective from 2013-04-01 to 07/30/2013
• Amendment — effective from 2012-07-01 to 08/29/2013
• EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/01/2012
• Amendment — effective from 2011-07-21 to 07/01/2012
• EMERGENCY RULE Amendment — effective from 2011-04-01 to 07/21/2011
• Technical Revision — effective from 2010-04-29 to 07/21/2011
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-04-29 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-03-01 to 04/29/2009
• Technical Revision — effective from 2008-10-15 to 04/29/2009
• Amendment — effective from 2008-09-17 to 10/15/2008
• Amendment — effective from 2008-08-01 to 09/17/2008
• EMERGENCY RULE Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-06-05 to 07/01/2008
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2007-11-08 to 06/05/2008
• Amendment — effective from 2007-10-01 to 11/08/2007
• Amendment — effective from 2007-09-01 to 10/01/2007
• EMERGENCY RULE Amendment — effective from 2007-03-01 to 09/01/2007
• Amendment — effective from 2006-10-01 to 09/01/2007
• Amendment — effective from 2006-08-30 to 10/01/2006
• EMERGENCY RULE Amendment — effective from 2006-07-21 to 08/30/2006
• Amendment — effective from 2006-05-01 to 08/30/2006
• EMERGENCY RULE Adoption — effective from 2006-03-01 to 05/01/2006
• Amendment — effective from 2005-09-29 to 03/01/2006
• Amendment — effective from 2005-05-30 to 09/29/2005
• EMERGENCY RULE Adoption — effective from 2005-03-30 to 05/30/2005
• Amendment — effective from 2004-11-30 to 03/30/2005
• Amendment — effective from 2004-08-23 to 08/08/2004
• EMERGENCY RULE Adoption — effective from 2004-08-08 to 11/30/2004
• EMERGENCY RULE Adoption — effective from 2004-07-01 to 08/23/2004
• Amendment — effective from 2004-07-01 to 07/01/2004
• Amendment — effective from 2004-06-27 to 07/01/2004
• EMERGENCY RULE Adoption — effective from 2004-03-19 to 06/27/2004
• Amendment — effective from 2004-01-01 to 03/19/2004
• Amendment — effective from 2003-05-11 to 01/01/2004
• Amendment — effective from 2002-05-21 to 05/12/2002
• Technical Revision — effective from 2002-05-12 to 05/11/2003
• Amendment — effective from 2002-01-30 to 05/21/2002
• Periodic Refile — effective from 2002-01-02 to 01/30/2002

218-RICR-20-00-4 § 4.9 Notices, Rights and Duties

4.9.1Notices

A.To ensure that the Child Care Assistance program (CCAP) is administered in an equitable, effective and efficient manner, the following requirements have been established:

1.Applicants for the Child Care Assistance Program shall receive timely and adequate notice from the DHS of eligibility determinations. The Department shall also provide timely and adequate notice of any adverse decisions that terminate or reduce benefits.

a.Notice of Approval. Upon determining that an applicant meets the general requirements for the CCAP in § 4.3 of this Part and the criteria for either RI Works CCAP eligibility (§ 4.5 of this Part) or income (§ 4.6 of this Part) eligibility, Notice of Approval shall be sent by the DHS informing the family of the eligibility start and end dates and the scope of services authorized.

(1)The notice shall also indicate whether an income eligible family is required to pay a share of the cost for the CCAP authorized services and the amount of the family share.

(2)In addition, the Notice of Approval shall state that any eligible children in the family shall only be enrolled for the CCAP authorized child care services by a CCAP approved provider, who has a signed and valid DHS-CCAP Approved Provider Agreement.

(3)Notices of Approval are also sent when there are additional children in the family approved for the CCAP.

b.Notice of Adverse Actions. The DHS shall send timely and adequate notice of any decisions that adversely affect a family's CCAP eligibility or the scope of authorized services.

(1)All notices of adverse action shall contain:

(AA)Acknowledgment of a client's request for withdrawal of an application, or discontinuance of benefits, if applicable;

(BB)The reason for the proposed adverse action and citation of the applicable Rule herein;

(CC)A statement indicating that the family may discuss the pending adverse action with the appropriate agency representative and, if further review is deemed necessary, schedule an Adjustment Conference to the discuss the action further with the designated supervisor; and

(DD)Explanation of the family's right to request a hearing within thirty (30) days of the date of the notice. Notices in this category include those indicating denial or discontinuation of the CCAP eligibility or change in the CCAP authorized services.

(2)The Notice of Denial shall be sent by the DHS to a family when a Department representative determines that a case, or an applicant in a case, is ineligible for the CCAP.

(3)The Notice of Eligibility Discontinuation shall be sent when a decision made by the Department results in the discontinuance of the CCAP eligibility for a particular child or for the family as a whole.

4.9.2Rights

A.Applicants for, and beneficiaries of, the Child Care Assistance Program have the right to appeal and request a hearing during the determination of eligibility, and during the receipt of benefits.

1.In conjunction with notices informing applicants/beneficiaries of initial eligibility determinations, adverse actions, and recertifications, the DHS shall inform the family of the right to appeal and request a hearing.

a.The Notice of Approval shall include information pertaining to the right to appeal the eligibility date, the amount or type of authorized services, the family's cost-sharing obligations, and any other matters related to the scope of the CCAP benefits approved.

b.Notice of adverse actions shall include information pertaining to the right to appeal the DHS decision (e.g., denial, discontinuation, change in authorized services), the scope of its impact, and the basis on which the decision was made.

4.9.3Duties

A.The DHS has a duty to provide the following information:

1.Confirmation of Enrollment

a.Upon receiving notification of enrollment of an eligible child from an approved provider, the DHS shall send a client written confirmation of an eligible child's enrollment for authorized services by the provider.

b.The Confirmation of Enrollment shall specify the approved provider who enrolled the eligible child and, as such, who shall receive payment, if any is required, from the DHS for the CCAP authorized child care services. Any cost-sharing obligations for an income eligible family shall also be specified in the Approval Notice and the Confirmation of Enrollment.

2.When information provided to the DHS in conjunction with the duty to report in § 4.4.3 of this Part requires a change in the CCAP authorized services, the following apply:

a.If the resulting change in the CCAP authorized services does not adversely affect the family, implementation will begin, in most circumstances, on the first (1st) Sunday following the date the report was made to the DHS; or

b.If the resulting change in the CCAP services has an adverse impact on the family, notice of the change shall be provided by the DHS to the family at least ten (10) days prior to the implementation date.

History

• Amendment — effective from 2026-06-11 to current
• Amendment — effective from 2025-07-23 to 06/11/2026
• EMERGENCY RULE Amendment — effective from 2025-01-07 to 05/07/2025
• Amendment — effective from 2025-01-01 to 07/23/2025
• Amendment — effective from 2024-07-29 to 01/01/2025
• Amendment — effective from 2024-02-24 to 07/29/2024
• Amendment — effective from 2023-04-01 to 02/24/2024
• Amendment — effective from 2023-02-09 to 04/01/2023
• Amendment — effective from 2022-09-15 to 02/09/2023
• EMERGENCY RULE Amendment — effective from 2022-07-05 to 09/15/2022
• Amendment — effective from 2022-04-23 to 07/05/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/23/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/01/2022
• Amendment — effective from 2022-02-27 to 04/01/2022
• EMERGENCY RULE Amendment — effective from 2021-09-17 to 02/27/2022
• Amendment — effective from 2021-09-02 to 09/17/2021
• EMERGENCY RULE Amendment — effective from 2021-04-01 to 09/02/2021
• Amendment — effective from 2020-04-10 to 04/01/2021
• Amendment — effective from 2019-08-14 to 04/10/2020
• EMERGENCY RULE Amendment — effective from 2019-06-19 to 08/14/2019
• Amendment — effective from 2019-03-25 to 06/19/2019
• EMERGENCY RULE Amendment — effective from 2018-09-27 to 03/25/2019
• EMERGENCY RULE Amendment — effective from 2017-05-08 to 10/01/2017
• Technical Revision — effective from 2016-08-11 to 10/01/2017
• Amendment — effective from 2016-08-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2016-03-01 to 06/29/2016
• EMERGENCY RULE Amendment — effective from 2015-12-01 to 03/30/2016
• Amendment — effective from 2015-06-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2015-04-01 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 07/09/2014
• Amendment — effective from 2014-07-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2014-04-01 to 07/30/2014
• Amendment — effective from 2014-03-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2013-10-01 to 03/09/2014
• Amendment — effective from 2013-08-29 to 03/09/2014
• EMERGENCY RULE Amendment — effective from 2013-04-01 to 07/30/2013
• Amendment — effective from 2012-07-01 to 08/29/2013
• EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/01/2012
• Amendment — effective from 2011-07-21 to 07/01/2012
• EMERGENCY RULE Amendment — effective from 2011-04-01 to 07/21/2011
• Technical Revision — effective from 2010-04-29 to 07/21/2011
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-04-29 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-03-01 to 04/29/2009
• Technical Revision — effective from 2008-10-15 to 04/29/2009
• Amendment — effective from 2008-09-17 to 10/15/2008
• Amendment — effective from 2008-08-01 to 09/17/2008
• EMERGENCY RULE Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-06-05 to 07/01/2008
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2007-11-08 to 06/05/2008
• Amendment — effective from 2007-10-01 to 11/08/2007
• Amendment — effective from 2007-09-01 to 10/01/2007
• EMERGENCY RULE Amendment — effective from 2007-03-01 to 09/01/2007
• Amendment — effective from 2006-10-01 to 09/01/2007
• Amendment — effective from 2006-08-30 to 10/01/2006
• EMERGENCY RULE Amendment — effective from 2006-07-21 to 08/30/2006
• Amendment — effective from 2006-05-01 to 08/30/2006
• EMERGENCY RULE Adoption — effective from 2006-03-01 to 05/01/2006
• Amendment — effective from 2005-09-29 to 03/01/2006
• Amendment — effective from 2005-05-30 to 09/29/2005
• EMERGENCY RULE Adoption — effective from 2005-03-30 to 05/30/2005
• Amendment — effective from 2004-11-30 to 03/30/2005
• Amendment — effective from 2004-08-23 to 08/08/2004
• EMERGENCY RULE Adoption — effective from 2004-08-08 to 11/30/2004
• EMERGENCY RULE Adoption — effective from 2004-07-01 to 08/23/2004
• Amendment — effective from 2004-07-01 to 07/01/2004
• Amendment — effective from 2004-06-27 to 07/01/2004
• EMERGENCY RULE Adoption — effective from 2004-03-19 to 06/27/2004
• Amendment — effective from 2004-01-01 to 03/19/2004
• Amendment — effective from 2003-05-11 to 01/01/2004
• Amendment — effective from 2002-05-21 to 05/12/2002
• Technical Revision — effective from 2002-05-12 to 05/11/2003
• Amendment — effective from 2002-01-30 to 05/21/2002
• Periodic Refile — effective from 2002-01-02 to 01/30/2002

218-RICR-20-00-4 § 4.10 Improper Payments

4.10.1Underpayments

A.If the household was eligible to receive child care assistance benefits but received a benefit that was less than that which they were entitled, or the failure to issue a benefit for a benefit month in which the household was eligible for such a benefit constitutes an underpayment.

1.The agency representative corrects the underpayment as soon as possible, but not later than thirty (30) days after discovery of the underpayment, to a current recipient or one who would be a current recipient had the error causing the underpayment not occurred.

2.In cases involving an underpayment and an overpayment in the same month, the agency representative must factor in both in determining what the correct payment should have been. If an underpayment still exists, it is promptly corrected.

3.For purposes of determining eligibility and the amount of assistance, a retroactive corrective payment is not considered income, nor is it considered a resource in the month received or in the following month.

4.10.2Overpayments

A.An overpayment occurs when the child care benefit amount paid exceeds the benefit that would have been issued if the payment were calculated correctly based on accurate information that was reported, verified, and acted on in a timely manner.

1.If the agency representative discovers that the household failed to report a change as required by § 4.10 of this Part, and as a result, received child care benefits to which it was not entitled a referral for improper payment is made.

a.If the agency representative determines the improper payment to be caused by the agency or unintentionally caused by the household, the case is referred to the Claims Collections and Recovery Unit (CCRU) for the recovery of the improper payment in accordance with § 4.11 of this Part.

b.If the improper payment is thought to be intentional, the agency representative refers an improper payment claim to the Office of Internal Audits.

2.The Office of Internal Audits establishes whether the improper payment was agency caused, household caused, or fraud and, if the improper payment is deemed fraudulent, OIA refers the case to the Claims Collections and Recovery Unit (CCRU) for recovery of the improper payment in accordance with § 4.11 of this Part.

4.10.3Types of Improper Payments

A.Improper payments may be applied to recipients and/or providers. The cause of each improper payment shall be classified as agency, recipient, or provider caused. Improper payments shall be further classified as unintentional errors or fraud.

1.A recipient improper payment occurs when the child care benefit paid exceeds the benefit that would have been issued if the payment were calculated correctly based on accurate information that was reported, verified, and acted on in a timely manner.

2.A provider based improper payment occurs when a provider receives a duplicate benefit or receives payments for services not rendered.

B.An improper payment shall be classified as an agency error if the error was caused solely by actions taken by the Department or Department staff.

1.Agency errors shall include, but not be limited to the following types of errors:

a.Errors caused by delays in processing applications or taking prompt action on changes that were reported timely;

b.Errors in determining eligibility, the benefit amount or the payment authorization period; data entry errors; and

c.Errors caused by the incorrect application of State Regulations, policy or procedures.

2.Improper payments that are not due to agency error shall be classified as recipient or provider caused. The error shall be classified as both recipient and provider caused if the recipient and the provider both had knowledge and actively participated in the action that caused the improper payment to occur.

a.Improper payments caused by the recipient shall include, but not be limited to, errors caused by reporting false or inaccurate information, and/or delays in reporting changes in household income, resources, circumstances or provider arrangements.

b.Improper payments caused by the provider shall include, but not be limited to, the following types of errors:

(1)Inaccurate reporting of information concerning licensing status, age or other provider eligibility requirements;

(2)Inaccurate reporting of the provider's relationship to the child or the location at which care is given;

(3)Inaccurate reporting of household circumstances;

(4)Committing an illegal act, such as cashing a replacement check after falsely claiming that the original check was lost, stolen or destroyed;

(5)Inaccurate reporting of actual charges, attendance or dates of service; and

(6)Any other false claim for services provided.

3.Either a DHS agency representative, CCRU or OIA FDP shall make a preliminary determination of whether the improper payment was intentional or an unintentional error pursuant to guidelines below.

a.Improper payments shall be classified as intentional if the recipient or provider knowingly withheld or provided false information on matters affecting eligibility, benefits or a claim for services. If a question of fraud exists, the case will be referred by the CCRU or DHS representative to the Office of Internal Audits (OIA) who will investigate the improper payment and, at their discretion, may direct these cases to the State Police and/or to the Office of the Attorney General of Rhode Island for criminal action.

b.An improper payment shall be considered unintentional household error under the following circumstances:

(1)There was clearly no intent to commit fraud or to obtain benefits or payments under false pretenses;

(2)The applicant/recipient or provider did not purposefully withhold or provide erroneous information;

(3)Illness, a family emergency, or any other good-cause reason exists for not reporting information timely or accurately; or

(4)The error was due to a delay in taking action as the result of an administrative hearing request.

4.Procedures for Recovery:

a.Enable a repayment in full settlement (a lump-sum repayment);

b.Enable a repayment agreement between the recipient and CCRU or between the child care provider and the DHS Financial Management Unit; or

c.Enable a repayment agreement between the CCRU and the child care recipient, using the “Notice of Child Care Overpayment.” When a child care improper payment is to be recovered from the recipient, the recipient shall be given notice of that determination using the “Notice of Child Care Overpayment.” The notice shall include an explanation of the improper payment determination, including the following:

(1)The amount and period of the improper payment;

(2)The reasons for the improper payment;

(3)The Regulations supporting the improper payment determination;

(4)An explanation of the available methods of repayment;

(5)The recipient's right to appeal; and

(6)A telephone number to call for information about free legal services.

5.Consequences for failure to repay

a.Failure of the child care provider to repay a child care improper payment made by the DHS CCAP and not subject to adjustment by the Department's Financial Office because of provider error, provider fraud, or agency error, shall result in the termination/revocation of the “DHS-CCAP Approved Provider Agreement” and disenrollment from the CPD.

(1)Revocation of the CCAP approved provider status shall continue until further notification.

(2)An appeal may be taken from the denial in accordance with policy.

b.When a licensed child care provider has pled guilty to, has been determined to have committed fraud, or has been convicted of fraud, the OIA shall notify the DHS Child Care and the DHS Licensing Unit in writing of any findings of fraud. Notification is to be made by the Hearing Officer if fraud is found in a hearing, or to be made by the CCRU Unit, if found by the CCRU Unit.

c.The DHS shall retain any improper payment it recovers and shall use the funds for the provision of child care services.

d.Improper payments that are recovered shall be reported to the Agency Director and the Program Administrator.

e.Failure of the child care recipient or provider to repay may result in further legal action, and/or loss of benefits.

4.10.4Administrative Penalties for Intentional Program Violation and/or Fraud

A.Improper payments shall be classified as Intentional Program Violation (IPV) and/or fraud if the applicant/recipient or provider knowingly withheld or provided false information on matters affecting eligibility, benefits or a claim for services. If a question of fraud exists, the case will be referred by the DHS Representative or the CCRU to the Office of Internal Audits (OIA) as outlined in § 10-00-1.6 of this Title.

1.Any person, recipient or provider, who wishes to contest the determination made by the OIA shall be entitled to a hearing as outlined in § 10-00-1.6 of this Title. Those individuals determined to have committed an IPV and/or fraud will be subject to the following consequences:

a.First (1st) offense – disqualification from the CCAP program for a period of three (3) months;

b.Second (2nd) offense – disqualification from the CCAP program for a period of six (6) months; and

c.Third (3rd) and any subsequent offense – disqualification from the CCAP program for a period of twelve (12) months.

B.When OIA determines an IPV, of a recipient or provider, meets the criteria for a criminal investigation, and the case is referred to the State Police and/or to the Office of the Attorney General of Rhode Island no hearing will be held.

1.Those individuals found guilty of fraud in a court of law will be subject to the following consequences, in addition any sentence deemed appropriate by the Court:

a.First (1st) offense – disqualification from the CCAP program for a period of three (3) months;

b.Second (2nd) offense – disqualification from the CCAP program for a period of six (6) months; and

c.Third (3rd) and any subsequent offense – disqualification from the CCAP program for a period of twelve (12) months.

C.Claims for improper payments will also be referred to the CCRU for collection and recoupment.

History

• Amendment — effective from 2026-06-11 to current
• Amendment — effective from 2025-07-23 to 06/11/2026
• EMERGENCY RULE Amendment — effective from 2025-01-07 to 05/07/2025
• Amendment — effective from 2025-01-01 to 07/23/2025
• Amendment — effective from 2024-07-29 to 01/01/2025
• Amendment — effective from 2024-02-24 to 07/29/2024
• Amendment — effective from 2023-04-01 to 02/24/2024
• Amendment — effective from 2023-02-09 to 04/01/2023
• Amendment — effective from 2022-09-15 to 02/09/2023
• EMERGENCY RULE Amendment — effective from 2022-07-05 to 09/15/2022
• Amendment — effective from 2022-04-23 to 07/05/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/23/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/01/2022
• Amendment — effective from 2022-02-27 to 04/01/2022
• EMERGENCY RULE Amendment — effective from 2021-09-17 to 02/27/2022
• Amendment — effective from 2021-09-02 to 09/17/2021
• EMERGENCY RULE Amendment — effective from 2021-04-01 to 09/02/2021
• Amendment — effective from 2020-04-10 to 04/01/2021
• Amendment — effective from 2019-08-14 to 04/10/2020
• EMERGENCY RULE Amendment — effective from 2019-06-19 to 08/14/2019
• Amendment — effective from 2019-03-25 to 06/19/2019
• EMERGENCY RULE Amendment — effective from 2018-09-27 to 03/25/2019
• EMERGENCY RULE Amendment — effective from 2017-05-08 to 10/01/2017
• Technical Revision — effective from 2016-08-11 to 10/01/2017
• Amendment — effective from 2016-08-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2016-03-01 to 06/29/2016
• EMERGENCY RULE Amendment — effective from 2015-12-01 to 03/30/2016
• Amendment — effective from 2015-06-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2015-04-01 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 07/09/2014
• Amendment — effective from 2014-07-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2014-04-01 to 07/30/2014
• Amendment — effective from 2014-03-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2013-10-01 to 03/09/2014
• Amendment — effective from 2013-08-29 to 03/09/2014
• EMERGENCY RULE Amendment — effective from 2013-04-01 to 07/30/2013
• Amendment — effective from 2012-07-01 to 08/29/2013
• EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/01/2012
• Amendment — effective from 2011-07-21 to 07/01/2012
• EMERGENCY RULE Amendment — effective from 2011-04-01 to 07/21/2011
• Technical Revision — effective from 2010-04-29 to 07/21/2011
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-04-29 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-03-01 to 04/29/2009
• Technical Revision — effective from 2008-10-15 to 04/29/2009
• Amendment — effective from 2008-09-17 to 10/15/2008
• Amendment — effective from 2008-08-01 to 09/17/2008
• EMERGENCY RULE Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-06-05 to 07/01/2008
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2007-11-08 to 06/05/2008
• Amendment — effective from 2007-10-01 to 11/08/2007
• Amendment — effective from 2007-09-01 to 10/01/2007
• EMERGENCY RULE Amendment — effective from 2007-03-01 to 09/01/2007
• Amendment — effective from 2006-10-01 to 09/01/2007
• Amendment — effective from 2006-08-30 to 10/01/2006
• EMERGENCY RULE Amendment — effective from 2006-07-21 to 08/30/2006
• Amendment — effective from 2006-05-01 to 08/30/2006
• EMERGENCY RULE Adoption — effective from 2006-03-01 to 05/01/2006
• Amendment — effective from 2005-09-29 to 03/01/2006
• Amendment — effective from 2005-05-30 to 09/29/2005
• EMERGENCY RULE Adoption — effective from 2005-03-30 to 05/30/2005
• Amendment — effective from 2004-11-30 to 03/30/2005
• Amendment — effective from 2004-08-23 to 08/08/2004
• EMERGENCY RULE Adoption — effective from 2004-08-08 to 11/30/2004
• EMERGENCY RULE Adoption — effective from 2004-07-01 to 08/23/2004
• Amendment — effective from 2004-07-01 to 07/01/2004
• Amendment — effective from 2004-06-27 to 07/01/2004
• EMERGENCY RULE Adoption — effective from 2004-03-19 to 06/27/2004
• Amendment — effective from 2004-01-01 to 03/19/2004
• Amendment — effective from 2003-05-11 to 01/01/2004
• Amendment — effective from 2002-05-21 to 05/12/2002
• Technical Revision — effective from 2002-05-12 to 05/11/2003
• Amendment — effective from 2002-01-30 to 05/21/2002
• Periodic Refile — effective from 2002-01-02 to 01/30/2002

218-RICR-20-00-4 § 4.11 Child Care Provider Guide

4.11.1DHS CCAP Approved Child Care Providers

A.The Department of Human Services shall make payment only for the CCAP authorized child care services when rendered by the DHS CCAP approved child care providers.

1.To obtain approval, child care providers shall meet the minimum requirements set forth in this § 4.11 of this Part, including entering into an agreement with the DHS that fulfills the requirements set forth in this Part.

2.A list of providers that have obtained the DHS approved status is maintained on-line and can be accessed through dhs.ri.gov.

3.A licensed provider may begin to provide authorized services to CCAP eligible children during the week that an application for the CCAP approval has been submitted to the OCC. However, the DHS shall only make payment for such services when, and on the condition that, the provider is granted CCAP approved status, completes the introductory trainings and enrollment, and complies with reporting activities specified in this Rule.

4.The DHS shall discontinue payments when a provider exceeds the number of allowable children in its care or has evidence of provider non-compliance with the current approved Provider Agreement (APA), and/or the DHS licensing Regulations (Chapter 70 of this Title).

B.For the purposes of the CCAP, "approved" means the child care provider has met the requirement to enroll eligible children through the DHS CCAP automated enrollment system for allowable child care expenses, has participated in DHS new provider and orientation programs and other programs as may be required by DHS, and has actively engaged in the State’s QRIS BrightStars.

1.Although these requirements reflect the minimum standards for safe and healthful child care, the CCAP approved status is not, and shall in no way be construed as, related to the quality of services rendered by the child care provider.

2.The DHS will not pay providers for services rendered prior to the week that CCAP Provider Management receives their application to be a CCAP approved provider.

4.11.2Application for CCAP Provider Approval Process

A.Licensed child care providers must apply for approved CCAP Provider status through RISES.

1.In the event that the family of an eligible child selects a licensed child care provider that is not an approved CCAP provider, the provider must apply through RISES to obtain CCAP approved provider status.

2.All child care providers seeking CCAP approved status shall meet the following general requirements:

a.All CCAP approved child care providers shall sign a CCAP Approved Provider Agreement (APA) that establishes the respective responsibilities and obligations of both the Department and the provider as well as the grounds for discontinuation of approved status. No payment shall be made for allowable child care expenses until the Department approves the Provider's application. Providers shall agree to the terms and conditions set by DHS for:

(1)Completing the APA;

(2)Enrolling eligible children;

(3)Complying with maximum capacity limits;

(4)Transmitting documentation of authorized services rendered;

(5)Ensuring the safety and well-being of children in their care; and

(6)Filing timely reports to DHS about changes in enrollment, licensure, capacity or any other such matters as deemed necessary to authorize payment for services.

b.Providers, and any substitute providers, shall be successfully screened through a Comprehensive Background Check in accordance with R.I. Gen. Laws Chapter 40-13.2

c.CCAP approved providers shall be U.S. citizens or submit documentation of a legal immigration status that includes the appropriate work authorization.

(1)The DHS is prohibited from making payment to, and therefore will not approve, non-citizen providers who do not have proof of such authorization.

d.CCAP approved providers must meet any category specific requirements set forth in this Section.

3.In addition to the general access requirements, child care providers approved by and operating under the jurisdiction of the DHS, shall meet the following category specific requirements in accordance with R.I. Gen. Laws §§ 40-5.2-5 and 40-5.2-20:

a.Provide documentation of a valid State of Rhode Island license to operate, deemed by the DHS to be in good-standing, and meet any additional requirements specified by the DHS.

(1)Individuals operating, or employed by, child care centers and family homes regulated by the DHS are subject to screening through a Comprehensive Background Check as part of the process of obtaining and maintaining licensure. Accordingly, a valid license in good standing is considered evidence of successful screening for the purposes of this Section.

(2)If a provider's license lapses, is revoked, or otherwise becomes invalid, the DHS shall initiate appropriate action to discontinue approved CCAP provider status.

(3)A provider whose approved CCAP provider status is discontinued must reapply through RISES to be considered for reinstatement as a CCAP approved provider. Reinstatement under an existing application may be approved at the discretion of the DHS if made within sixty (60) days of the discontinuance.

4.For continued approved provider status, all licensed providers shall maintain a minimum of designation of One (1) Star in the Quality Rating Improvement System.

B.License Exempt Providers must apply for approved CCAP Provider status by contacting the Office of Child Care to request the appropriate application forms and related information about obtaining CCAP approved provider status.

1.To be eligible for CCAP approval, a license exempt provider shall be a relative of an acceptable degree as defined in § 4.2 of this Part of a child who is pending or eligible for the CCAP who has been requested to provide child care services to the pending or eligible child. The license exempt provider shall have submitted a completed and signed CCAP application packet which includes the following:

a.A Comprehensive Background Check for the applicant and any person living in the applicant's home who is eighteen (18) years of age or older;

b.A signed Health and Safety Certification Form in which the provider attests to being free of any physical, mental and/or emotional condition(s) with the potential to endanger children or impede the ability to care for children.

c.Proof of completion of the Approved CCAP Health & Safety Training Module.

d.If an applicant is receiving disability related income and/or supportive health care services or has been hospitalized for a chronic condition for one (1) day or more in the last year, a treating physician must submit either medical documentation or a signed letter, indicating that the applicant is capable of providing safe and appropriate care for children.

e.A W-9 Form (Request for Taxpayer Identification Number and Certification) completed and signed by the provider.

f.Proof that the applicant is at least twenty-one (21) years old as verified by a birth certificate or other legal document that contains an applicant's date of birth.

g.A valid Social Security Number and proof that the applicant is a United States citizen or a non-citizen who is lawfully entitled to reside and work in the United States.

h.Proof of the applicant's Rhode Island residency and of a stable address. A post office box is not an acceptable form of proof of Rhode Island residency, though it may serve as an applicant's official mailing address.

(1)As used in this Section, a stable address means that the applicant intends to maintain one (1) principal place of residence once approved for the CCAP. For the purposes of the CCAP, a stable address is necessary to ensure prompt enrollment of eligible children, timely payment for authorized services and to protect the safety and security of the child care environment.

(2)A signed and dated lease or rental agreement in which the applicant, or the parent or spouse of the applicant, is a legally responsible party shall be considered acceptable proof of a stable address. A person who lives in a residence as a boarder is not considered to have a stable address and, as such, does not meet the requirements of this Section.

(3)At least ten (10) days prior to the actual date of a planned move, an approved license exempt provider must submit to the Office of Child Care (OCC), the information necessary to verify the address of, and the intent to maintain, a new principal place of residence. The provider shall also report any changes in household composition that occur in tandem with, or as a result of, the change in residence.

(4)An approved provider who makes more than two (2) changes in the principal place of residence during the two (2) year period of CCAP status is not considered to have a stable address. Accordingly, CCAP status of such providers is subject to review by the Office of Child Care and possible discontinuation of approved provider status.

i.Proof that there is a working telephone accessible at all times at the applicant's residence as verified through a current phone bill. A cell phone number is acceptable, provided that documentation is provided showing that the phone is attached to the provider and the provider's residence;

j.Proof of a valid, working email address;

k.Information on the applicant, and all members of the applicant household who are age eighteen (18) or older, including Social Security Numbers and dates of birth;

l.A CCAP Parent-Provider Enrollment Agreement for each CCAP assisted child the provider intends to care for signed by a parent who has submitted an application for child care assistance from the DHS and is currently pending or eligible for such assistance from the CCAP; and

m.A self-declaration specifying how many children (both the CCAP assisted and non-CCAP assisted) will be rendered services. License exempt providers are limited to caring for six (6) children if an acceptable degree of relationship to the provider can be proven. The provider's children under six (6) years of age shall be included in the maximum number of six (6) related children.

(1)Legal documentation must be submitted to the Office of Child Care verifying that the provider has a relationship of acceptable degree to the eligible child(ren). For the purposes of the CCAP, a relationship of acceptable degree is an eligible child's aunt, uncle, grandparent, great grandparent, great aunt, great uncle, or adult sibling age twenty-one (21) or older.

(2)The Office of Child Care (OCC) shall accept as verification of the provider's relationship the legal documents specified in Part 2 of this Subchapter, the Rhode Island Works Rules and Regulations. Information about the required legal documentation shall be made available to the provider by the OCSS upon request.

4.11.3 Determination/Maintenance of Provider Status

A.The Office of Child Care shall review a child care provider's application, complete the screening process and make a determination of the provider status within thirty (30) days from the date the appropriate signed application and all required documentation are received by the DHS.

1.Upon determining that a child care provider has met the general and category specific requirements and signed the CCAP Approved Provider Agreement (APA), the DHS shall provide notification in writing of approved status to the provider.

a.Upon completing the CCAP Orientation, the provider gains access to the CCAP automated enrollment system.

2.Applicants who do not meet the general and category specific requirements shall be denied the CCAP approved status.

a.The Department shall send written notice to the child care provider indicating the reasons for denial and providing information on how to request a hearing and appeal the decision.

b.Any provider who has been denied on two (2) occasions may, at the discretion of the department, be required to wait a period of twelve (12) months before re-applying to be a CCAP approved child care provider.

3.The DHS shall not make payment for allowable child care services rendered during the period while the application for approved status is pending.

4.However, if approved status is granted, the provider will be reimbursed for such services at the DHS Authorized Payment Rate, but only after an Approved Provider Agreement has been signed and the Approved Provider Introductory Training has been completed.

B.The Department shall reserve the right to terminate CCAP approved status upon obtaining evidence that the provider has not met one (1) or more of the criteria outlined in these Rules.

1.Notice of Discontinuation of the CCAP approved status shall be sent to the provider and include the reasons for the discontinuation and information on how to appeal the DHS decision.

2.The DHS shall also notify the families of any eligible children affected by discontinuation of the provider's approved status.

3.License exempt providers shall be automatically discontinued at one (1) year during which no CCAP payments were made.

C.Renewal

1.License Exempt Providers are approved for CCAP for two (2) years as long as they continue to provide child care for a CCAP pending or eligible child.

a.After this period of time, a provider must reapply and provide appropriate documentation to the OCC to retain CCAP Approved status.

2.Licensed Providers are approved for CCAP for a maximum of two years with renewal required, at a minimum, every two years. Approval terms may be shorter than two years as needed to align with licensing renewals or as determined by the DHS

a.After this period of time, CCAP approved providers must renew their CCAP application through RISES and provide appropriate documentation to the OCC to retain CCAP Approved status.

3.Notice shall be sent to approved providers indicating the dates and requirements for renewal of their CCAP status at least thirty (30) days prior to the end date of their period of approval.

4.11.4DHS-CCAP Approved Provider Agreement

A.All CCAP approved child care providers shall complete and sign an agreement with the DHS that establishes the respective responsibilities and obligations of both the Department and the provider and the grounds for discontinuation of approval as specified in this Section.

1.No payment shall be made for allowable child care expenses until the Department approves, signs and returns to the Provider an executed copy of the DHS-CCAP Approved Provider Agreement.

2.Terms and Conditions for Payment

a.The Department shall determine the DHS Authorized Payment Rate for each eligible child enrolled.

b.The Department shall also determine the method that approved providers shall use to request and receive payment for allowable child care expenses.

3.In certain circumstances, the Department may determine that an approved provider is no longer qualified to provide authorized CCAP services and, as a result, approved status shall be discontinued. In such cases, the Department shall cease payment for any CCAP services rendered by the provider, and access to the DHS CCAP automated enrollment system will be denied.

a.The Department reserves the right to discontinue the DHS approved CCAP status for providers for any of the following reasons:

(1)Upon obtaining evidence that the DHS Child Care Licensing Unit suspends and/or terminates the license of a child care provider with whom the DHS has a provider agreement.

(AA)License Status placed on hold by the DHS

(i)Unless otherwise instructed, DHS will allow the provider to retain current enrollments and send a notice to the provider that no further enrollments are to take place after the date of the notice putting the license on hold. The DHS retains the right to discontinue the DHS Approved Provider status if the provider's license remains on hold beyond thirty (30) days.

(BB)License suspended and/or Revoked

(i)The provider must cease all operations and all the DHS children are dis-enrolled using the effective date immediately following the decision to place the license on suspension. Notices are sent to the parents and the provider.

(2)Failing to meet the terms and conditions established in the DHS-CCAP Approved Provider Agreement;

(3)A provider engaging in fraudulent or other unlawful acts: in obtaining or seeking to obtain the CCAP approved status; in providing or receiving payment for the CCAP; in utilizing the CCAP automated enrollment system shall, at the discretion of the Department, be ineligible to participate in the program:

(AA)For a period of three (3) months for the first (1st) discontinuance;

(BB)For a period of six (6) months for the second (2nd) discontinuance; and

(CC)Permanently for the third (3rd) discontinuance.

(4)Knowingly providing false information to obtain benefits from any DHS program or any other federally funded program; in not reporting the CCAP income when applying for a Federally funded program; or in committing tax fraud;

(5)Failing to maintain the DHS licensure or otherwise failing to comply with the DHS Regulations or the standards and Regulations established by another Federal or State government entity applicable to the setting in which the child care is provided;

(6)Failing to protect the confidentiality of information related to the CCAP beneficiaries;

(7)Endangering, or failing to ensure, the health or safety of any child in the provider's care;

(8)Failing to report criminal convictions or the imposition of civil penalties.

(AA)An approved provider shall report to the DHS any criminal conviction or civil penalties imposed for such acts on: the provider, an employee of the provider engaged directly in the provision of child care; or, if a family child care, group family child care, or license exempt provider, an adult member of the provider's household.

(BB)Failure to make such reports within ten (10) days from the date the conviction/penalty is imposed shall be grounds for discontinuation of approved status;

(9)Failing to report any changes in their provider status, living arrangements, addition of new household members, or other vital information to the OCC within ten (10) days prior to the change;

(10)Caring for more children than allowed under this Rule or applicable State laws and Regulations;

(11)Caring for a child who lives in the same household as the provider;

(12)Failing to attend the CCAP Approved Provider Introductory Training;

(13)For license exempt providers, failing to complete the Approved CCAP Health & Safety Training Modules.

(14)Refusing or failing to cooperate with the DHS personnel conducting audits, reviews, or evaluations related to the proper and efficient operation of the CCAP or compliance with the Rules set forth herein or terms and conditions of the provider agreement;

(15)For license exempt providers, ceasing to provide child care services to the CCAP pending or eligible children for a period of one (1) year; or

(16)Refusing or failing to maintain a QRIS Quality Rating of One (1) Star or higher.

b.The Department reserves the right to offer a CCAP approved provider subject to discontinuation the opportunity to take corrective action prior to the effective date of discontinuation of approved provider status and termination of the provider agreement.

(1)In such cases, the OCC shall send a notice to the approved provider that shall clearly state the type of corrective action required, the date it is to be completed, and the method for evaluating whether the deficiency has been corrected.

(2)Corrective actions shall be permitted in only those cases in which the Department determines that the health, safety and welfare of eligible children and the fundamental purposes of the CCAP will not be jeopardized while the remedy is being implemented.

(3)The DHS reserves the right to adhere to a permanent discontinuation of the CCAP approval for situations when the terms of a DHS corrective action plan have not been met.

4.Approved providers and the families of eligible children shall be notified at the time of application that, as providers and the CCAP beneficiaries, certain personal information may be accessed on the DHS website by Department personnel, approved providers and contracted agents of the DHS.

a.A confidentiality statement shall be signed by both providers and parents, prior to participating in the CCAP, indicating that they are aware of, and understand, the limits on confidentiality associated with the methods the DHS employs to gather and disseminate information through the CCAP automated enrollment system and the purposes for such information, as well as how that information will be accessed and used.

b.The DHS shall utilize the most advanced technological methods available to ensure the confidentiality of information contained in the CPD and through web enrollment pertaining to the CCAP beneficiaries and approved providers.

4.11.5CCAP Payments to Approved Providers

A.To ensure that payment for the CCAP authorized child care expenses is made in the timeliest and most efficient manner possible, the Department pays providers based on enrollment and has established requirements related to attendance.

B.Payment shall only be made for the CCAP authorized child care services during periods in which the approved provider is open and available to provide services.

1.To determine the allowable child care expense, certain information related to attendance is required by the DHS, as follows:

a.Billing Invoices and Attendance Reports. An approved provider shall:

(1)Submit accurate billing invoices to the DHS, indicating the days and/or hours of attendance for each eligible child, in the manner and for the time periods prescribed in the DHS-CCAP Approved Provider Agreement; and

(2)Maintain daily attendance records on-site or electronically, signed by the parent, for each eligible child, for a minimum of three (3) years.

C.When a child is enrolled with a CCAP approved provider, the DHS shall make payment for up to four (4) consecutive weeks of the CCAP authorized child care services during which an eligible child is absent.

1.No payment shall be made for periods of the CCAP authorized services when the eligible child is not in attendance once the four (4) consecutive weeks limit has been reached, without the approval of the Department.

2.Attendance policies may be adjusted in times of public health emergency, weather events, cyber security events, and/or when funding is available to the DHS for this purpose.

a.Providers must submit attendance for all children, including those who have been absent.

D.Presence of the Provider at the Care Site

1.During periods when eligible children are receiving services, the provider or an approved substitute caregiver must be present at all times.

2.For license exempt providers, the approved substitute caregiver must be listed on the provider's current application for the CCAP Approval.

3.For licensed providers, substitute caregivers must be approved by the DHS. In no case should the approved provider listed on the application be absent for more than three (3) hours in any one (1) week period, without prior approval of the Department.

E.If a provider has other employment, the total hours the provider is permitted to work and maintain CCAP approved status, is fifteen (15) hours in a twenty-four (24) hour period.

1.The fifteen (15) hour work limit applies to all forms of employment combined, including the hours spent providing the CCAP services as well as while working at any other job(s) or traveling to and from other employment.

F.For the CCAP payment to be made, an eligible child enrolled with an approved licensed provider shall attend at least some portion of their CCAP authorized enrollment each week, with the exception of the four (4) consecutive weeks allowed absence described in § 4.11.5(C) of this Part.

1.Enrollment hours shall be based on the parent’s request, as documented in a signed parent-provider agreement. The parent-provider agreement shall be updated at least annually. Further, if, a child’s attendance reflects a change in the enrolled hours category for more than four (4) consecutive weeks, the provider shall meet with the family to reassess the child’s needs and shall update the parent-provider agreement and enrollment in the CCAP provider portal to reflect any changes.

4.11.6 CCAP Payments

A.When making payment for allowable child care expenses, the DHS Authorized Payment Rate for Providers shall apply. The process for determining the DHS authorized payment rate is as follows:

1.Licensed Approved Providers

a.The DHS authorized payment rate shall be the CCAP Established Schedule of Maximum Weekly Rates.

B.Payment of allowable child care expenses for CCAP authorized services shall be made at the CCAP Established Schedule of Maximum Weekly Rates, in accordance with the requirements of R.I. Gen. Laws § 40-6.2-1.1.

C.Billing Periods

1.An approved provider shall request payment for allowable child care expenses within ninety (90) days of the service date. Exceptions to this time frame will be made only in case of extenuating circumstances and at the sole discretion of the Department in the twelve (12) month period that begins on the date the authorized services were rendered.

2.In no case shall the DHS make payment for any child care services rendered more than twelve (12) months prior to the date the approved provider requests payment.

D.Restrictions and Limitations

1.There shall be no more than one (1) CCAP approved provider eligible to receive payment from the DHS for allowable child care expenses rendered at a specific site or location at any one (1) time.

a.In the case of license exempt child care providers, no more than one (1) person living in the household where the CCAP child care services are provided shall be permitted to obtain or retain active approved status at any one (1) time.

2.When a payment has been made to a provider based on a child’s enrollment and submitted attendance for a batch period, no payment for those weeks will be made to another provider who may have had that child in their care but did not enroll the child in the first week of care and/or did not reach out to the Office of Child Care for enrollment assistance during the first week of care.

3.Approved providers shall not be paid for child care services rendered to their own children or to any children who live in their households.

4.Approved providers shall not be paid for child care services rendered to a child enrolled in a classroom where the child’s parent or other adult living in the same household as the child is a paid teacher or assistant in the classroom.

4.11.7Periodic Provider Audits

A.DHS reserves the right to conduct periodic audits of provider records and investigations of provider operations relevant to provider approval, rate reporting, billing invoices, attendance records, and accepting payments from CCAP.

1.At the time an audit or investigation is conducted, a designated representative of the Department may review attendance and payment records of all children currently enrolled and receiving child care services and all children enrolled and receiving services during the two (2) years prior to the audit or visit.

4.11.8 Quality Rating and Improvement System

A.Authority

1.Rhode Island’s Quality Rating and Improvement System (QRIS) is established and administered under the authority of the State and Federal laws, promulgated in accordance with 45 C.F.R. Part 98 and R.I. Gen. Laws §§ 42-12-23 and 42-12-23.1. Participation in the QRIS is required by any child care provider who wishes to be a DHS CCAP Approved Provider.

B.Administration

1.The DHS administers the Quality Rating and Improvement System and partners with public and private agencies that receive funding for the implementation of the QRIS, including collecting and validating information, conducting standardized observations, assigning quality ratings, and providing quality improvement services.

C.Quality Rating and Improvement System Requirements

1.The Quality Rating and Improvement System is designed to set standards of excellence for early care and education programs and school-age child care serving children from birth through age twelve (12), to assess and communicate the level of quality in these programs, to provide a pathway to help programs continually improve, and to serve as a bridge to align all State-level early childhood programs under one (1) common vision of quality.

4.11.9 Participation

A.Eligible Programs

1.All early care and education programs and school age child care programs as licensed under R.I. Gen. Laws § 42-12.5-4 et seq. and approved under R.I. Gen. Laws Chapter 16-48 et seq., including without limitation child care centers, family child care homes, group family child care homes, school-age child care programs and preschools, but excluding child placement agencies, are eligible to participate in the Quality Rating and Improvement System.

B.Entry into the Quality Rating and Improvement System is required for all CCAP Approved Providers and participation must be maintained to continue to qualify as a DHS CCAP Approved Provider.

History

• Amendment — effective from 2026-06-11 to current
• Amendment — effective from 2025-07-23 to 06/11/2026
• EMERGENCY RULE Amendment — effective from 2025-01-07 to 05/07/2025
• Amendment — effective from 2025-01-01 to 07/23/2025
• Amendment — effective from 2024-07-29 to 01/01/2025
• Amendment — effective from 2024-02-24 to 07/29/2024
• Amendment — effective from 2023-04-01 to 02/24/2024
• Amendment — effective from 2023-02-09 to 04/01/2023
• Amendment — effective from 2022-09-15 to 02/09/2023
• EMERGENCY RULE Amendment — effective from 2022-07-05 to 09/15/2022
• Amendment — effective from 2022-04-23 to 07/05/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/23/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/01/2022
• Amendment — effective from 2022-02-27 to 04/01/2022
• EMERGENCY RULE Amendment — effective from 2021-09-17 to 02/27/2022
• Amendment — effective from 2021-09-02 to 09/17/2021
• EMERGENCY RULE Amendment — effective from 2021-04-01 to 09/02/2021
• Amendment — effective from 2020-04-10 to 04/01/2021
• Amendment — effective from 2019-08-14 to 04/10/2020
• EMERGENCY RULE Amendment — effective from 2019-06-19 to 08/14/2019
• Amendment — effective from 2019-03-25 to 06/19/2019
• EMERGENCY RULE Amendment — effective from 2018-09-27 to 03/25/2019
• EMERGENCY RULE Amendment — effective from 2017-05-08 to 10/01/2017
• Technical Revision — effective from 2016-08-11 to 10/01/2017
• Amendment — effective from 2016-08-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2016-03-01 to 06/29/2016
• EMERGENCY RULE Amendment — effective from 2015-12-01 to 03/30/2016
• Amendment — effective from 2015-06-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2015-04-01 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 07/09/2014
• Amendment — effective from 2014-07-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2014-04-01 to 07/30/2014
• Amendment — effective from 2014-03-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2013-10-01 to 03/09/2014
• Amendment — effective from 2013-08-29 to 03/09/2014
• EMERGENCY RULE Amendment — effective from 2013-04-01 to 07/30/2013
• Amendment — effective from 2012-07-01 to 08/29/2013
• EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/01/2012
• Amendment — effective from 2011-07-21 to 07/01/2012
• EMERGENCY RULE Amendment — effective from 2011-04-01 to 07/21/2011
• Technical Revision — effective from 2010-04-29 to 07/21/2011
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-04-29 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-03-01 to 04/29/2009
• Technical Revision — effective from 2008-10-15 to 04/29/2009
• Amendment — effective from 2008-09-17 to 10/15/2008
• Amendment — effective from 2008-08-01 to 09/17/2008
• EMERGENCY RULE Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-06-05 to 07/01/2008
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2007-11-08 to 06/05/2008
• Amendment — effective from 2007-10-01 to 11/08/2007
• Amendment — effective from 2007-09-01 to 10/01/2007
• EMERGENCY RULE Amendment — effective from 2007-03-01 to 09/01/2007
• Amendment — effective from 2006-10-01 to 09/01/2007
• Amendment — effective from 2006-08-30 to 10/01/2006
• EMERGENCY RULE Amendment — effective from 2006-07-21 to 08/30/2006
• Amendment — effective from 2006-05-01 to 08/30/2006
• EMERGENCY RULE Adoption — effective from 2006-03-01 to 05/01/2006
• Amendment — effective from 2005-09-29 to 03/01/2006
• Amendment — effective from 2005-05-30 to 09/29/2005
• EMERGENCY RULE Adoption — effective from 2005-03-30 to 05/30/2005
• Amendment — effective from 2004-11-30 to 03/30/2005
• Amendment — effective from 2004-08-23 to 08/08/2004
• EMERGENCY RULE Adoption — effective from 2004-08-08 to 11/30/2004
• EMERGENCY RULE Adoption — effective from 2004-07-01 to 08/23/2004
• Amendment — effective from 2004-07-01 to 07/01/2004
• Amendment — effective from 2004-06-27 to 07/01/2004
• EMERGENCY RULE Adoption — effective from 2004-03-19 to 06/27/2004
• Amendment — effective from 2004-01-01 to 03/19/2004
• Amendment — effective from 2003-05-11 to 01/01/2004
• Amendment — effective from 2002-05-21 to 05/12/2002
• Technical Revision — effective from 2002-05-12 to 05/11/2003
• Amendment — effective from 2002-01-30 to 05/21/2002
• Periodic Refile — effective from 2002-01-02 to 01/30/2002

218-RICR-20-00-4 § 4.12 CCAP Maximum Weekly Reimbursement Rates

A.Weekly reimbursement is paid according to the provider type, QRIS BrightStars rating, authorized and enrolled hours and age of the child receiving care. A copy of the CCAP Established Schedule of Weekly Rates may be viewed at www.dhs.ri.gov.

B.The categories for time authorized and enrolled and for the child’s age are as follows:

1.Time Authorized and Enrolled

a.Full time: Thirty (30) hours or more per week

b.Three Quarter Time: Twenty to twenty-nine (20 – 29) hours per week

c.Half time: Ten to nineteen (10 – 19) hours per week

d.Quarter Time: Zero to nine (0 – 9) hours per week

2.Child’s Age Category

a.Infant/Toddler: Six (6) weeks up to three (3) years of age

b.Preschool: Three (3) years up to first (1st) grade entry (this includes ALL Kindergarten children for rate and payment purposes, not for enrollment purposes).

c.School Age: First (1st) grade up to thirteen (13) years of age.

History

• Amendment — effective from 2026-06-11 to current
• Amendment — effective from 2025-07-23 to 06/11/2026
• EMERGENCY RULE Amendment — effective from 2025-01-07 to 05/07/2025
• Amendment — effective from 2025-01-01 to 07/23/2025
• Amendment — effective from 2024-07-29 to 01/01/2025
• Amendment — effective from 2024-02-24 to 07/29/2024
• Amendment — effective from 2023-04-01 to 02/24/2024
• Amendment — effective from 2023-02-09 to 04/01/2023
• Amendment — effective from 2022-09-15 to 02/09/2023
• EMERGENCY RULE Amendment — effective from 2022-07-05 to 09/15/2022
• Amendment — effective from 2022-04-23 to 07/05/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/23/2022
• EMERGENCY RULE Amendment — effective from 2022-04-01 to 04/01/2022
• Amendment — effective from 2022-02-27 to 04/01/2022
• EMERGENCY RULE Amendment — effective from 2021-09-17 to 02/27/2022
• Amendment — effective from 2021-09-02 to 09/17/2021
• EMERGENCY RULE Amendment — effective from 2021-04-01 to 09/02/2021
• Amendment — effective from 2020-04-10 to 04/01/2021
• Amendment — effective from 2019-08-14 to 04/10/2020
• EMERGENCY RULE Amendment — effective from 2019-06-19 to 08/14/2019
• Amendment — effective from 2019-03-25 to 06/19/2019
• EMERGENCY RULE Amendment — effective from 2018-09-27 to 03/25/2019
• EMERGENCY RULE Amendment — effective from 2017-05-08 to 10/01/2017
• Technical Revision — effective from 2016-08-11 to 10/01/2017
• Amendment — effective from 2016-08-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2016-03-01 to 06/29/2016
• EMERGENCY RULE Amendment — effective from 2015-12-01 to 03/30/2016
• Amendment — effective from 2015-06-11 to 08/11/2016
• EMERGENCY RULE Amendment — effective from 2015-04-01 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 06/11/2015
• Technical Revision — effective from 2014-07-09 to 07/09/2014
• Amendment — effective from 2014-07-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2014-04-01 to 07/30/2014
• Amendment — effective from 2014-03-09 to 07/09/2014
• EMERGENCY RULE Amendment — effective from 2013-10-01 to 03/09/2014
• Amendment — effective from 2013-08-29 to 03/09/2014
• EMERGENCY RULE Amendment — effective from 2013-04-01 to 07/30/2013
• Amendment — effective from 2012-07-01 to 08/29/2013
• EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/01/2012
• Amendment — effective from 2011-07-21 to 07/01/2012
• EMERGENCY RULE Amendment — effective from 2011-04-01 to 07/21/2011
• Technical Revision — effective from 2010-04-29 to 07/21/2011
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-04-29 to 04/29/2010
• EMERGENCY RULE Amendment — effective from 2009-03-01 to 04/29/2009
• Technical Revision — effective from 2008-10-15 to 04/29/2009
• Amendment — effective from 2008-09-17 to 10/15/2008
• Amendment — effective from 2008-08-01 to 09/17/2008
• EMERGENCY RULE Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-07-01 to 09/17/2008
• Amendment — effective from 2008-06-05 to 07/01/2008
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2007-11-08 to 06/05/2008
• Amendment — effective from 2007-10-01 to 11/08/2007
• Amendment — effective from 2007-09-01 to 10/01/2007
• EMERGENCY RULE Amendment — effective from 2007-03-01 to 09/01/2007
• Amendment — effective from 2006-10-01 to 09/01/2007
• Amendment — effective from 2006-08-30 to 10/01/2006
• EMERGENCY RULE Amendment — effective from 2006-07-21 to 08/30/2006
• Amendment — effective from 2006-05-01 to 08/30/2006
• EMERGENCY RULE Adoption — effective from 2006-03-01 to 05/01/2006
• Amendment — effective from 2005-09-29 to 03/01/2006
• Amendment — effective from 2005-05-30 to 09/29/2005
• EMERGENCY RULE Adoption — effective from 2005-03-30 to 05/30/2005
• Amendment — effective from 2004-11-30 to 03/30/2005
• Amendment — effective from 2004-08-23 to 08/08/2004
• EMERGENCY RULE Adoption — effective from 2004-08-08 to 11/30/2004
• EMERGENCY RULE Adoption — effective from 2004-07-01 to 08/23/2004
• Amendment — effective from 2004-07-01 to 07/01/2004
• Amendment — effective from 2004-06-27 to 07/01/2004
• EMERGENCY RULE Adoption — effective from 2004-03-19 to 06/27/2004
• Amendment — effective from 2004-01-01 to 03/19/2004
• Amendment — effective from 2003-05-11 to 01/01/2004
• Amendment — effective from 2002-05-21 to 05/12/2002
• Technical Revision — effective from 2002-05-12 to 05/11/2003
• Amendment — effective from 2002-01-30 to 05/21/2002
• Periodic Refile — effective from 2002-01-02 to 01/30/2002

218-RICR-20-00-5 Supplemental Security Income and State Supplemental Payment Rules and Regulations

218-RICR-20-00-5 § 5.1 Introduction

5.1.1Authority

A.The Department of Human Services (DHS) administers the State supplemental portion of monthly Supplemental Security Income (SSI) benefits to eligible residents of Rhode Island. The Social Security Administration (SSA) sends the Federal portion of SSI benefits. The DHS issues a separate payment for the State Supplemental Payment (SSP).

1.DHS is responsible for income eligibility determinations for those who are denied Federal SSI due to excess income (20 C.F.R. Part 416, Subparts K and D Income, Subpart L Resources). DHS is also responsible for disability determinations on those denied Federal SSI due to excess income but eligible for an SSP. If the individual does not meet the resource limits set in 20 C.F.R. § 416.1205, he/she is not eligible for an SSI payment, Federal or State.

2.Payment levels are established by specific categories which indicate living arrangement.

3.DHS administers the State supplemental portion for the following living arrangements:

a.Category A – Individual or Couple in Own Household

b.Category B – Individual or Couple in Another’s Household

c.Category E – Individual or couple in Title XIX Facility

B.SSA administers the State supplemental portion for SSI recipients in the following living arrangement:

1.Category D – Individual in Residential Care/Assisted Living

5.1.2Legal Basis

A.Supplemental Security Income Program

1.The Supplemental Security Income (SSI) Program, Title XVI of the Social Security Act, established by Pub. Laws 92-603, as amended, provides, on a national basis, a minimum income level for persons sixty-five (65) or over, or blind, or disabled persons who do not have sufficient income and resources to maintain themselves at the Federal minimum income level.

a.The SSI Program, administered by the Federal government through the Social Security Administration and financed from the General Fund of U.S. Treasury, became effective January 1, 1974 and replaced Titles I, X, XIV, and XVI of the Social Security Act, 42 U.S.C. Chapter 7, which had provided assistance to aged, blind, and disabled persons under State administration.

B.State Supplemental Payments

1.Federal law requires the states to provide a mandatory supplement to those persons who, in December 1973 under the old programs, were receiving a payment greater than the new Federal minimum level. Rhode Island, however, established a level of payment greater than the Federal minimum payment and made it available to all eligible persons.

2.Under the terms of an agreement with the U.S Social Security Administration, all SSI recipients are categorically eligible for Medicaid health coverage under Title XIX of the Social Security Act, 42 U.S.C. § 1634. Recipients also receive social services through a Social Services Block Grant.

a.Assistance is available for moving expenses, needs resulting from an emergency of a catastrophic nature, residence in a licensed sheltered care facility, and for burial when the criteria for these services have been met. Homemaking Services are available to qualified individuals under the Social Services Program (§§ 7.4 and 7.5 of this Subchapter).

b.Essential spouses of eligible SSI recipients who were included in the Aid to the Aged, Blind and Disabled (AABD) payment in December 1973 are grandfathered into the SSI program. Essential spouses will be included in the SSI payment of the eligible SSI person as long as his/her eligibility continues.

History

• Amendment — effective from 2026-01-07 to current
• Amendment — effective from 2025-01-04 to 01/07/2026
• Amendment — effective from 2023-12-17 to 01/04/2025
• Amendment — effective from 2023-11-02 to 12/17/2023
• EMERGENCY RULE Amendment — effective from 2023-08-03 to 11/02/2023
• Amendment — effective from 2023-02-18 to 08/03/2023
• EMERGENCY RULE Amendment — effective from 2023-01-01 to 02/18/2023
• Amendment — effective from 2022-03-02 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2021-12-23 to 03/02/2022
• EMERGENCY RULE Amendment — effective from 2021-11-01 to 12/23/2021
• EMERGENCY RULE Amendment — effective from 2021-11-01 to 11/01/2021
• Technical Revision — effective from 2021-03-14 to 11/01/2021
• Amendment — effective from 2021-03-14 to 03/14/2021
• EMERGENCY RULE Amendment — effective from 2021-01-01 to 03/14/2021
• Technical Revision — effective from 2020-01-01 to 01/01/2021
• Amendment — effective from 2019-12-27 to 01/01/2020
• Technical Revision — effective from 2019-06-02 to 12/27/2019
• Amendment — effective from 2019-06-02 to 06/02/2019
• EMERGENCY RULE Amendment — effective from 2019-01-01 to 06/02/2019
• Technical Revision — effective from 2017-01-27 to 01/01/2019
• Amendment — effective from 2017-01-27 to 01/27/2017
• Technical Revision — effective from 2015-03-18 to 01/27/2017
• Amendment — effective from 2015-03-18 to 03/18/2015
• EMERGENCY RULE Amendment — effective from 2015-01-01 to 05/01/2015
• Amendment — effective from 2014-12-15 to 03/18/2015
• EMERGENCY RULE Amendment — effective from 2014-10-01 to 01/29/2015
• Amendment — effective from 2014-04-21 to 12/15/2014
• EMERGENCY RULE Amendment — effective from 2014-01-01 to 04/21/2014
• Amendment — effective from 2013-02-27 to 04/21/2014
• EMERGENCY RULE Amendment — effective from 2013-01-01 to 05/01/2013
• Amendment — effective from 2012-11-13 to 02/27/2013
• EMERGENCY RULE Amendment — effective from 2012-09-25 to 01/23/2013
• Amendment — effective from 2012-03-15 to 11/13/2012
• EMERGENCY RULE Amendment — effective from 2012-01-01 to 03/15/2012
• Amendment — effective from 2011-10-01 to 03/15/2012
• Amendment — effective from 2011-01-01 to 10/01/2011
• Amendment — effective from 2008-12-29 to 01/01/2011
• Amendment — effective from 2008-01-01 to 12/29/2008
• Amendment — effective from 2007-01-01 to 01/01/2008
• Amendment — effective from 2006-01-01 to 01/01/2007
• Amendment — effective from 2005-03-30 to 01/01/2006
• EMERGENCY RULE Adoption — effective from 2004-12-30 to 03/30/2005
• Amendment — effective from 2004-02-04 to 12/30/2004
• EMERGENCY RULE Adoption — effective from 2004-01-01 to 02/04/2004
• Amendment — effective from 2002-12-29 to 01/01/2004
• EMERGENCY RULE Adoption — effective from 2002-11-28 to 12/29/2002
• Amendment — effective from 2002-02-17 to 11/28/2002
• Periodic Refile — effective from 2001-12-20 to 02/17/2002

218-RICR-20-00-5 § 5.2 Administration and Organization

A.Where to Apply

1.SSI Office – Information relative to eligibility requirements for the SSI Program can be obtained by contacting the appropriate Social Security Administration office. To find the nearest office call the Social Security Office at 1-800-772-1213 or online at www.socialsecurity.gov. Individuals eligible for an SSI benefit are automatically eligible for an SSP.

2.DHS Office – Information relative to eligibility requirements for the SSP Program can be obtained by calling 1-855-MY-RI-DHS (1-855-697-4347).

3.Individuals/couples who wish to apply for a State-only Supplemental Payment must first apply at the SSA office to determine SSI eligibility.

B.Standards of Assistance

1.The Rhode Island Federal Supplemental Security Income and State Supplemental Payment Rates Table, § 5.6 of this Part, details the payment rates for Federal SSI and the State Supplemental Payment for an individual/couple in each of the approved Federal living arrangements for SSI/SSP.

2.The SSA administers the optional SSP for:

a.Category D – Individual in an assisted living residential care setting.

(1)In this category, an individual must be screened, assessed, and certified by DHS, or their agents, to be residing in a residential care/assisted living facility.

(2)All individuals who received this category payment level in October 1998 or November 1998 are exempt from the screening, assessment, and certification process.

3.State-Only Supplemental Calculation – State-only supplemental payments are calculated based on the countable income of the individual or couple.

a.An individual/couple who has countable income over the Federal cap but below the total cap may be eligible for the State-only Supplemental Payment.

b.Countable income and resources are calculated consistent with provisions established in 210-RICR-40-00-3.2 and 210-RICR-40-00-3.5.

c.The amount of the payment for Category D varies depending on countable income. Combined SSI and SSP payments may change annually as results of Federal adjustments to the SSI monthly payment. The State optional payment amount is fixed in statute at R.I. Gen. Laws § 40-6-27(a)(1) and is up to three hundred thirty-two dollars ($332.00) per month for Category D. The SSP amounts do not change annually. The Federal Benefit Rate, which serves as the income eligibility for Category D, is the total or combined amount of the SSI monthly rate plus the SSP rate for each Category.

C.SSI/SSP Payment Distribution

1.SSI recipients will continue to receive Federal SSI payments from the SSA in the manner determined by the SSA.

2.SSI/SSP recipients will receive two (2) separate payments; one (1) from the Federal SSI and one (1) from the State for the SSP. Recipients will receive payments in the manner they receive their SSI benefit.

3.State-only supplemental payments for new recipients starting January 1, 2011 are distributed in check only.

D.Replacement of State Supplemental Payment Checks

1.Replacement of the Lost Checks

a.When a recipient reports to the agency that he/she has not received an SSP check, or that such check was lost or destroyed after its receipt in the mail, a stop payment order shall be issued after verifying that the bank has not cashed the check.

b.A replacement check is scheduled for the next scheduled monthly payroll.

2.Replacement of Stolen Checks

a.When a recipient reports that they have not received an SSP check and maintains that he/she did not cash or receive money from the check, he/she signs both copies of the Forged Check Affidavit (original signatures only).

b.If the recipient acknowledges having cashed the check or received money from it, the agency begins the process to recover the overpayment and determines if criminal prosecution is warranted.

3.Undeliverable Checks/Checks Returned by the Post Office

a.If the SSP is undeliverable to the recipient and is returned by the Post Office, the agency will attempt to contact the recipient.

(1)If contact cannot be made with the recipient, the SSP account will be suspended and notice of the closure will be sent to the recipient.

b.In order to have the case re-opened, the applicant/recipient should contact the DHS and fill out a new enrollment form to ensure the recipient qualifies for SSP.

4.Bank Rejection of Direct Deposit

a.Individuals or couples who receive direct deposit for their SSI payment will continue to have direct deposit for their SSP.

b.Replacement checks are issued in the next scheduled monthly payroll.

E.Retroactive Payments

1.The State will provide retroactive SSP payments back to the date an application for an individual or couple whose eligibility was either improperly denied or reduced in payment.

2.Retroactive payments will not be made for a period exceeding twelve (12) months.

F.Appeal and Fair Hearing

1.An individual or couple applying for or receiving State administered SSP, has the right to appeal and have a fair hearing under the Executive Office of Health and Human Services, Appeals Process and Procedures for EOHHS Agencies and Programs, 210-RICR-10-05-2.

History

• Amendment — effective from 2026-01-07 to current
• Amendment — effective from 2025-01-04 to 01/07/2026
• Amendment — effective from 2023-12-17 to 01/04/2025
• Amendment — effective from 2023-11-02 to 12/17/2023
• EMERGENCY RULE Amendment — effective from 2023-08-03 to 11/02/2023
• Amendment — effective from 2023-02-18 to 08/03/2023
• EMERGENCY RULE Amendment — effective from 2023-01-01 to 02/18/2023
• Amendment — effective from 2022-03-02 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2021-12-23 to 03/02/2022
• EMERGENCY RULE Amendment — effective from 2021-11-01 to 12/23/2021
• EMERGENCY RULE Amendment — effective from 2021-11-01 to 11/01/2021
• Technical Revision — effective from 2021-03-14 to 11/01/2021
• Amendment — effective from 2021-03-14 to 03/14/2021
• EMERGENCY RULE Amendment — effective from 2021-01-01 to 03/14/2021
• Technical Revision — effective from 2020-01-01 to 01/01/2021
• Amendment — effective from 2019-12-27 to 01/01/2020
• Technical Revision — effective from 2019-06-02 to 12/27/2019
• Amendment — effective from 2019-06-02 to 06/02/2019
• EMERGENCY RULE Amendment — effective from 2019-01-01 to 06/02/2019
• Technical Revision — effective from 2017-01-27 to 01/01/2019
• Amendment — effective from 2017-01-27 to 01/27/2017
• Technical Revision — effective from 2015-03-18 to 01/27/2017
• Amendment — effective from 2015-03-18 to 03/18/2015
• EMERGENCY RULE Amendment — effective from 2015-01-01 to 05/01/2015
• Amendment — effective from 2014-12-15 to 03/18/2015
• EMERGENCY RULE Amendment — effective from 2014-10-01 to 01/29/2015
• Amendment — effective from 2014-04-21 to 12/15/2014
• EMERGENCY RULE Amendment — effective from 2014-01-01 to 04/21/2014
• Amendment — effective from 2013-02-27 to 04/21/2014
• EMERGENCY RULE Amendment — effective from 2013-01-01 to 05/01/2013
• Amendment — effective from 2012-11-13 to 02/27/2013
• EMERGENCY RULE Amendment — effective from 2012-09-25 to 01/23/2013
• Amendment — effective from 2012-03-15 to 11/13/2012
• EMERGENCY RULE Amendment — effective from 2012-01-01 to 03/15/2012
• Amendment — effective from 2011-10-01 to 03/15/2012
• Amendment — effective from 2011-01-01 to 10/01/2011
• Amendment — effective from 2008-12-29 to 01/01/2011
• Amendment — effective from 2008-01-01 to 12/29/2008
• Amendment — effective from 2007-01-01 to 01/01/2008
• Amendment — effective from 2006-01-01 to 01/01/2007
• Amendment — effective from 2005-03-30 to 01/01/2006
• EMERGENCY RULE Adoption — effective from 2004-12-30 to 03/30/2005
• Amendment — effective from 2004-02-04 to 12/30/2004
• EMERGENCY RULE Adoption — effective from 2004-01-01 to 02/04/2004
• Amendment — effective from 2002-12-29 to 01/01/2004
• EMERGENCY RULE Adoption — effective from 2002-11-28 to 12/29/2002
• Amendment — effective from 2002-02-17 to 11/28/2002
• Periodic Refile — effective from 2001-12-20 to 02/17/2002

218-RICR-20-00-5 § 5.3 Service Provision

A.Eligibility for State Supplemental Payments

1.Individuals or couples receiving SSI are eligible for an SSP and include the following:

a.Grandfathered SSI recipient – Individuals who received State assistance in December 1973 and became eligible for SSI in January 1974, are called grandfathered clients by the State and a mandatory income level (MIL) client by SSI;

(1)Such an individual must continue to meet the definition of blind or disabled that was in effect under the State plan in December 1973.

(2)Individuals who are needed in the home to care for an eligible person are called an essential person. Such an individual is also called a grandfathered client.

(3)Individuals who are an essential person must have lived continuously with the eligible person since January 1974.

b.Individual who is age sixty-five (65) or older who receives SSI;

c.Individual who is blind and receives SSI;

d.Individual determined eligible for SSI due to disability; or

e.Individual who receives SSI as a foster child receiving specific services through the State child welfare agency for part or all of a month and not eligible for foster care reimbursement under Title IV – E of the Social Security Act, 42 U.S.C. §§ 671-679b.

2.An individual or couple, residing in Rhode Island, who has been denied SSI by SSA for excess income may be eligible for a State-only supplemental payment as an SSI “lookalike” and should complete an application at DHS to determine eligibility.

a.An individual or couple must meet the technical requirements of citizenship, residence and possession of, or application for, a Social Security Number (SSN) in accordance with the Medicaid Rules, as detailed in 210-RICR-10-00-3, Medicaid and Children’s Health Insurance Program (CHIP) Non-Financial General Eligibility Requirements.

b.An individual or couple must apply for SSI benefits through the SSA before applying for a State-only supplemental payment.

(1)The denial letter, or proof of a denial determination, from SSA is required as part of the application process.

(2)A denial determination from SSA is valid for up to one (1) year for purposes of application for SSP through DHS.

c.Applicants for SSP who have been denied through SSA for excess income will be processed as follows:

(1)State income eligibility will be calculated (countable income must not exceed the combined Federal Benefit Rate (FBR) and applicable SSP).

(2)If applicant is eligible based on income, the DHS will send a referral to the Medical Assistance Review Team (MART) for a disability determination.

(3)Once a determination is made by MART, eligibility for a State-only payment is processed.

(4)Once eligibility has been determined, benefits will be issued the first (1st) of the following month of eligibility.

3.The DHS will notify the individual or each member of the couple of the eligibility determination for the SSP. If the eligibility for the SSP benefit has been approved, the DHS will mail a Benefit Statement to the recipient along with information on how the benefit was calculated. This Benefit Statement may be used as verification of the DHS SSP benefit and will remain valid for one (1) year or until the completion of the twelve (12) month redetermination, provided no subsequent reported or unreported changes affect the amount of the payment.

4.Applicants for SSP who have been denied through SSA based on a disability will not be reevaluated by DHS for disability based solely on the application for SSP. The DHS will review such applications and notify the applicant of his/her ineligibility at application for SSP-only.

B.Recertification of State Supplemental Payments

1.State-Only SSP Redeterminations

a.Financial Eligibility Reviews: State-only SSP cases require a twelve (12) month financial redetermination by DHS. The redetermination for State-only SSP is completed by the DHS and in consultation with EOHHS, as appropriate for individuals receiving Category D.

2.SSI/SSP Redeterminations

a.Recipients receiving SSI will have redeterminations of both their SSI and State Supplemental Payment consistent with provisions established under the SSA (www.socialsecurity.gov).

3.Benefit Notice

a.Once the redetermination has been completed and continuing eligibility approved, the recipient is provided with a benefit decision notice showing the amount of the State payment and the period of eligibility before the next redetermination. This notice may contain information about eligibility for other State Health and Human Services programs and is valid until the next redetermination date as specified provided there have been no subsequent reported or unreported changes affecting the amount of the payment. Electronic data sources may be used to verify income at the time of initial application, renewal and when changes are reported.

C.Reporting Change in Circumstances

1.SSI/SSP Recipients – Individuals/couples who receive SSI are required to report changes directly to the SSA, refer to www.socialsecurity.gov.

2.State-Only Supplemental Payment – Individuals/couples are required to report changes in income, resources and living arrangement to the DHS within ten (10) calendar days of the occurrence.

D.Representative Payee

1.An SSP is paid to a representative payee if:

a.The SSA determined that a representative payment is applicable under 20 C.F.R. Part 404, Subpart U (relating to representative payment) or 20 C.F.R. Part 416, Subpart F (relating to representative payment).

b.At the time of application for State-only SSP, the applicant and/or recipient authorizes someone to manage funds and to receive automated notices about the applicant’s SSP benefit.

2.For SSI/SSP recipients, a representative payee is responsible for reporting to the SSA any changes in the recipient’s circumstances affecting eligibility including changes in income, resources, living arrangement, marital status and address. For State-only SSP, a representative payee must report an address change to the DHS. All automated notices will be sent to the representative payee.

E.Scope of Services

1.Persons in Rhode Island who are eligible for either the Federal SSI payment and State Supplemental Payment, or the State-only share of the SSP payment, may be eligible for Medicaid, Social Services, and for assistance to meet the following needs according to specified criteria:

a.Food Assistance

(1)In the event of un-received, lost, stolen or destroyed SSI checks and/or lost or stolen cash, the applicant/recipient is encouraged to complete an application for expedited food assistance through the Supplemental Nutrition Food Assistance Program (SNAP).

(2)Applications for SNAP can be obtained at DHS Offices listed at www.dhs.ri.gov, or online at https://healthyrhode.ri.gov.

2.Moving Assistance

a.Payment for in-state moving, within cost guidelines, is provided for recipients of SSI when the move is determined to be socially desirable, the move cannot be provided by the city or town or other community resources, and the recipient requests vendor payment for the move.

b.The agency makes no provision to meet the cost of out-of-State moves, as detailed in the DHS Social Services Rules (Part 7 of this Subchapter).

3.Homemaker Services

a.Homemaker Service is a social service available through DHS to recipients of SSI.

b.Refer to the DHS Social Services Rules (Part 7 of this Subchapter), for the criteria, determination of eligibility, cost and procedures for the authorization of Homemaker Service.

4.Burial Expenses

a.The cost of burial can be met through General Public Assistance (GPA) funds for any person who dies leaving no or insufficient resources to meet the expense.

b.Refer to General Public Assistance Program Rules as detailed in § 3.4 of this Subchapter, for the cost standards and conditions under which funeral and burial expenses can be met.

5.Emergency Assistance in the Event of a Catastrophe: Funds for shelter, clothing, food, essential household equipment, and furnishings, if necessary, are provided in the event of a catastrophe when all of the following conditions are met:

a.An emergency is defined as the occurrence of a catastrophe caused by fire, flood, lightning, or severe wind. Compensable fire damage is further restricted to that caused by flame, smoke, and subsequent secondary water damage where there is damage to the dwelling.

(1)The incident must be reported immediately to the fire department.

(2)Other specific exclusions under any circumstances are destruction for which a landlord can be held responsible, willful destruction or willful neglect by the recipient or a member of his/her family, damage covered by insurance policies, and isolated mechanical or electrical failures where there is no secondary damage.

b.Coverage is limited to possessions of the recipient or those of another member of the assistance unit.

c.For active cases, the catastrophe or disaster must have occurred at the address recorded in the case record, or, if it occurred at a different address, the recipient must demonstrate that he/she had moved and was living there prior to notifying the agency.

(1)Acceptable evidence of residence may include a moving bill, rent receipt, or statement from a utility company attesting to the recipient's responsibility for service on the date and at the address in question.

d.To be considered, the incident must be reported by the recipient within ten (10) calendar days of the date the loss to the DHS.

e.Community resources must first be explored and utilized, whenever possible.

f.Whenever reasonable, a partially destroyed item of household goods or furnishings must be repaired rather than replaced. If replacement is required, the purchase of used items must be considered before funds for new items can be authorized.

g.Any repairs to the basic structure of a recipient-owned dwelling, such as roof, stairs, septic systems, plumbing, wiring, siding, etc., are specifically not covered regardless of the reason for the repair.

h.Thefts of clothing, food, and household furnishings and equipment are specifically not covered.

i.If repeated emergencies occur for one (1) case, or the circumstances are questionable, payment may be denied.

6.Items Provided in Event of Catastrophe

a.Emergency shelter, on a temporary basis, will be provided only where the damage to cooking or heating or plumbing facilities is severe enough to prevent their use in a minimally acceptable manner or the existing damaged structure either cannot provide adequate protection from the elements or is not safe to occupy. Approval for use of emergency shelter must be made on a daily basis by the social worker assigned to help the recipient relocate to permanent shelter.

b.Initial food and transportation for each recipient are provided from the date of the catastrophe through the fifth (5th) working day (or to the date of the next recurring SSI check, if earlier).

c.Initial clothing, if an individual recipient's clothing has been destroyed, can be authorized only to meet immediate clothing need.

7.Medical Care

a.The SSI recipient is certified for Medicaid concurrent with the determination of eligibility for SSI and may be eligible if receiving the State-only supplemental payment.

F.Estranged Spouses Receiving SSI as a Couple

1.Persons eligible for and receiving SSI benefits less than the appropriate GPA Standard of Need due to Federal SSI Regulations which treat estranged spouses as a couple for SSI purposes until the month after the month they begin living apart are eligible for cash assistance, if they meet the financial criteria outlined in General Public Assistance Program Rules (§§ 3.2.3 and 3.2.4 of this Subchapter).

2.When there is an initial SSI application or an SSI reinstatement following a period of ineligibility, and the couple is not living together on the date of the application or date of request for reinstatement, the SSI Regulations treat each member of the couple as an individual as of the date of the application or request regardless of how recently the separation occurred. Such individuals are not eligible for cash assistance from DHS.

3.Termination of Assistance

a.Starting in the month after the month of the separation, each estranged spouse is treated as an individual claimant by the SSA for SSI payment purposes.

b.Termination of program eligibility will, therefore, occur at the end of the month of separation.

History

• Amendment — effective from 2026-01-07 to current
• Amendment — effective from 2025-01-04 to 01/07/2026
• Amendment — effective from 2023-12-17 to 01/04/2025
• Amendment — effective from 2023-11-02 to 12/17/2023
• EMERGENCY RULE Amendment — effective from 2023-08-03 to 11/02/2023
• Amendment — effective from 2023-02-18 to 08/03/2023
• EMERGENCY RULE Amendment — effective from 2023-01-01 to 02/18/2023
• Amendment — effective from 2022-03-02 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2021-12-23 to 03/02/2022
• EMERGENCY RULE Amendment — effective from 2021-11-01 to 12/23/2021
• EMERGENCY RULE Amendment — effective from 2021-11-01 to 11/01/2021
• Technical Revision — effective from 2021-03-14 to 11/01/2021
• Amendment — effective from 2021-03-14 to 03/14/2021
• EMERGENCY RULE Amendment — effective from 2021-01-01 to 03/14/2021
• Technical Revision — effective from 2020-01-01 to 01/01/2021
• Amendment — effective from 2019-12-27 to 01/01/2020
• Technical Revision — effective from 2019-06-02 to 12/27/2019
• Amendment — effective from 2019-06-02 to 06/02/2019
• EMERGENCY RULE Amendment — effective from 2019-01-01 to 06/02/2019
• Technical Revision — effective from 2017-01-27 to 01/01/2019
• Amendment — effective from 2017-01-27 to 01/27/2017
• Technical Revision — effective from 2015-03-18 to 01/27/2017
• Amendment — effective from 2015-03-18 to 03/18/2015
• EMERGENCY RULE Amendment — effective from 2015-01-01 to 05/01/2015
• Amendment — effective from 2014-12-15 to 03/18/2015
• EMERGENCY RULE Amendment — effective from 2014-10-01 to 01/29/2015
• Amendment — effective from 2014-04-21 to 12/15/2014
• EMERGENCY RULE Amendment — effective from 2014-01-01 to 04/21/2014
• Amendment — effective from 2013-02-27 to 04/21/2014
• EMERGENCY RULE Amendment — effective from 2013-01-01 to 05/01/2013
• Amendment — effective from 2012-11-13 to 02/27/2013
• EMERGENCY RULE Amendment — effective from 2012-09-25 to 01/23/2013
• Amendment — effective from 2012-03-15 to 11/13/2012
• EMERGENCY RULE Amendment — effective from 2012-01-01 to 03/15/2012
• Amendment — effective from 2011-10-01 to 03/15/2012
• Amendment — effective from 2011-01-01 to 10/01/2011
• Amendment — effective from 2008-12-29 to 01/01/2011
• Amendment — effective from 2008-01-01 to 12/29/2008
• Amendment — effective from 2007-01-01 to 01/01/2008
• Amendment — effective from 2006-01-01 to 01/01/2007
• Amendment — effective from 2005-03-30 to 01/01/2006
• EMERGENCY RULE Adoption — effective from 2004-12-30 to 03/30/2005
• Amendment — effective from 2004-02-04 to 12/30/2004
• EMERGENCY RULE Adoption — effective from 2004-01-01 to 02/04/2004
• Amendment — effective from 2002-12-29 to 01/01/2004
• EMERGENCY RULE Adoption — effective from 2002-11-28 to 12/29/2002
• Amendment — effective from 2002-02-17 to 11/28/2002
• Periodic Refile — effective from 2001-12-20 to 02/17/2002

218-RICR-20-00-5 § 5.4 State Payment to Assisted Living Facilities Not Eligible to Receive Title XIX Funding of the Social Security Act

A.For Supplemental Security Income recipients who reside in a State licensed assisted living facility that is not eligible to receive funding under Title XIX of the Social Security Act (42 U.S.C. § 1381 et seq.), an established monthly payment will be made to the facility for disabled and elderly individuals who, on or after July 1, 2012, receive the State supplementary assistance payment for an individual in State licensed assisted living residence under R.I. Gen. Laws § 40-6-27.

1.State payments to non-Medicaid assisted living facilities are made directly to the facility on a monthly basis.

2.This payment is equal to two hundred six dollars ($206.00) per individual per month subject to available funding. The Department of Human Services is authorized to implement these payments subject to funding made available through the Rhode Island General Assembly.

3.Facilities will be required to provide a notarized certified statement to the Department documenting the number of residents that meet the eligibility criteria for this payment, within ten (10) business days of the first (1st) of each month.

4.The State shall make retroactive payments back to July 1, 2012 to facilities that provide the necessary documentation regarding eligible residents.

History

• Amendment — effective from 2026-01-07 to current
• Amendment — effective from 2025-01-04 to 01/07/2026
• Amendment — effective from 2023-12-17 to 01/04/2025
• Amendment — effective from 2023-11-02 to 12/17/2023
• EMERGENCY RULE Amendment — effective from 2023-08-03 to 11/02/2023
• Amendment — effective from 2023-02-18 to 08/03/2023
• EMERGENCY RULE Amendment — effective from 2023-01-01 to 02/18/2023
• Amendment — effective from 2022-03-02 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2021-12-23 to 03/02/2022
• EMERGENCY RULE Amendment — effective from 2021-11-01 to 12/23/2021
• EMERGENCY RULE Amendment — effective from 2021-11-01 to 11/01/2021
• Technical Revision — effective from 2021-03-14 to 11/01/2021
• Amendment — effective from 2021-03-14 to 03/14/2021
• EMERGENCY RULE Amendment — effective from 2021-01-01 to 03/14/2021
• Technical Revision — effective from 2020-01-01 to 01/01/2021
• Amendment — effective from 2019-12-27 to 01/01/2020
• Technical Revision — effective from 2019-06-02 to 12/27/2019
• Amendment — effective from 2019-06-02 to 06/02/2019
• EMERGENCY RULE Amendment — effective from 2019-01-01 to 06/02/2019
• Technical Revision — effective from 2017-01-27 to 01/01/2019
• Amendment — effective from 2017-01-27 to 01/27/2017
• Technical Revision — effective from 2015-03-18 to 01/27/2017
• Amendment — effective from 2015-03-18 to 03/18/2015
• EMERGENCY RULE Amendment — effective from 2015-01-01 to 05/01/2015
• Amendment — effective from 2014-12-15 to 03/18/2015
• EMERGENCY RULE Amendment — effective from 2014-10-01 to 01/29/2015
• Amendment — effective from 2014-04-21 to 12/15/2014
• EMERGENCY RULE Amendment — effective from 2014-01-01 to 04/21/2014
• Amendment — effective from 2013-02-27 to 04/21/2014
• EMERGENCY RULE Amendment — effective from 2013-01-01 to 05/01/2013
• Amendment — effective from 2012-11-13 to 02/27/2013
• EMERGENCY RULE Amendment — effective from 2012-09-25 to 01/23/2013
• Amendment — effective from 2012-03-15 to 11/13/2012
• EMERGENCY RULE Amendment — effective from 2012-01-01 to 03/15/2012
• Amendment — effective from 2011-10-01 to 03/15/2012
• Amendment — effective from 2011-01-01 to 10/01/2011
• Amendment — effective from 2008-12-29 to 01/01/2011
• Amendment — effective from 2008-01-01 to 12/29/2008
• Amendment — effective from 2007-01-01 to 01/01/2008
• Amendment — effective from 2006-01-01 to 01/01/2007
• Amendment — effective from 2005-03-30 to 01/01/2006
• EMERGENCY RULE Adoption — effective from 2004-12-30 to 03/30/2005
• Amendment — effective from 2004-02-04 to 12/30/2004
• EMERGENCY RULE Adoption — effective from 2004-01-01 to 02/04/2004
• Amendment — effective from 2002-12-29 to 01/01/2004
• EMERGENCY RULE Adoption — effective from 2002-11-28 to 12/29/2002
• Amendment — effective from 2002-02-17 to 11/28/2002
• Periodic Refile — effective from 2001-12-20 to 02/17/2002

218-RICR-20-00-5 § 5.5 State Subsidy Payment to Selected Assisted Living Residences

A.The DHS provides the monthly State subsidy payment to licensed assisted living residences for each Category D recipient that is not receiving Medicaid-funded long-term services and supports under Title XIX of the Social Security Act, 42 U.S.C. Chapter 7.

1.State subsidy payments for selected assisted living residences are made directly to the residence on a monthly basis.

2.The State subsidy is equal to two hundred six dollars ($206.00) per individual per month subject to available funding. The Department of Human Services is authorized to implement these payments subject to funding made available through the Rhode Island General Assembly.

3.Assisted living residences are required to provide a notarized certified statement to the Department documenting the number of residents that meet the conditions for this payment established under R.I. Gen. Laws § 40-6-27.2 within ten (10) business days of the first (1st) of each month.

4.The subsidy payment to the selected assisted living residences is not treated as income for the purposes of determining eligibility for State and Federal means-tested programs including SSI, Medicaid, optional or mandatory SSPs and/or SNAP.

History

• Amendment — effective from 2026-01-07 to current
• Amendment — effective from 2025-01-04 to 01/07/2026
• Amendment — effective from 2023-12-17 to 01/04/2025
• Amendment — effective from 2023-11-02 to 12/17/2023
• EMERGENCY RULE Amendment — effective from 2023-08-03 to 11/02/2023
• Amendment — effective from 2023-02-18 to 08/03/2023
• EMERGENCY RULE Amendment — effective from 2023-01-01 to 02/18/2023
• Amendment — effective from 2022-03-02 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2021-12-23 to 03/02/2022
• EMERGENCY RULE Amendment — effective from 2021-11-01 to 12/23/2021
• EMERGENCY RULE Amendment — effective from 2021-11-01 to 11/01/2021
• Technical Revision — effective from 2021-03-14 to 11/01/2021
• Amendment — effective from 2021-03-14 to 03/14/2021
• EMERGENCY RULE Amendment — effective from 2021-01-01 to 03/14/2021
• Technical Revision — effective from 2020-01-01 to 01/01/2021
• Amendment — effective from 2019-12-27 to 01/01/2020
• Technical Revision — effective from 2019-06-02 to 12/27/2019
• Amendment — effective from 2019-06-02 to 06/02/2019
• EMERGENCY RULE Amendment — effective from 2019-01-01 to 06/02/2019
• Technical Revision — effective from 2017-01-27 to 01/01/2019
• Amendment — effective from 2017-01-27 to 01/27/2017
• Technical Revision — effective from 2015-03-18 to 01/27/2017
• Amendment — effective from 2015-03-18 to 03/18/2015
• EMERGENCY RULE Amendment — effective from 2015-01-01 to 05/01/2015
• Amendment — effective from 2014-12-15 to 03/18/2015
• EMERGENCY RULE Amendment — effective from 2014-10-01 to 01/29/2015
• Amendment — effective from 2014-04-21 to 12/15/2014
• EMERGENCY RULE Amendment — effective from 2014-01-01 to 04/21/2014
• Amendment — effective from 2013-02-27 to 04/21/2014
• EMERGENCY RULE Amendment — effective from 2013-01-01 to 05/01/2013
• Amendment — effective from 2012-11-13 to 02/27/2013
• EMERGENCY RULE Amendment — effective from 2012-09-25 to 01/23/2013
• Amendment — effective from 2012-03-15 to 11/13/2012
• EMERGENCY RULE Amendment — effective from 2012-01-01 to 03/15/2012
• Amendment — effective from 2011-10-01 to 03/15/2012
• Amendment — effective from 2011-01-01 to 10/01/2011
• Amendment — effective from 2008-12-29 to 01/01/2011
• Amendment — effective from 2008-01-01 to 12/29/2008
• Amendment — effective from 2007-01-01 to 01/01/2008
• Amendment — effective from 2006-01-01 to 01/01/2007
• Amendment — effective from 2005-03-30 to 01/01/2006
• EMERGENCY RULE Adoption — effective from 2004-12-30 to 03/30/2005
• Amendment — effective from 2004-02-04 to 12/30/2004
• EMERGENCY RULE Adoption — effective from 2004-01-01 to 02/04/2004
• Amendment — effective from 2002-12-29 to 01/01/2004
• EMERGENCY RULE Adoption — effective from 2002-11-28 to 12/29/2002
• Amendment — effective from 2002-02-17 to 11/28/2002
• Periodic Refile — effective from 2001-12-20 to 02/17/2002

218-RICR-20-00-5 § 5.6 Rhode Island Federal Supplemental Security Income (SSI) and State Supplemental Payment Rates

A.Federal and State benefits for Category A, B, D and E.

Maximum Combined Federal/State Effective January 1, 2026

Federal Effective January 1, 2026

Maximum State Supplemental Benefit Effective January 1, 2026

Living Arrangement

Individual

Couple

Individual

Couple

Individual

Couple

Category A Living in Own Household

$1,033.92

$1,570.38

$994.00

$1,491.00

$39.92

$79.38

Category B Living in Household of Another

$714.59

$1,091.30

$662.67

$994.00

$51.92

$97.30

Category D Assisted Living Residential Care Setting

$1,326.00

N/A

$994.00

N/A

$332.00

N/A

Category E Title XIX Facility

$75.00

N/A

$30.00

N/A

$45.00

N/A

History

• Amendment — effective from 2026-01-07 to current
• Amendment — effective from 2025-01-04 to 01/07/2026
• Amendment — effective from 2023-12-17 to 01/04/2025
• Amendment — effective from 2023-11-02 to 12/17/2023
• EMERGENCY RULE Amendment — effective from 2023-08-03 to 11/02/2023
• Amendment — effective from 2023-02-18 to 08/03/2023
• EMERGENCY RULE Amendment — effective from 2023-01-01 to 02/18/2023
• Amendment — effective from 2022-03-02 to 01/01/2023
• EMERGENCY RULE Amendment — effective from 2021-12-23 to 03/02/2022
• EMERGENCY RULE Amendment — effective from 2021-11-01 to 12/23/2021
• EMERGENCY RULE Amendment — effective from 2021-11-01 to 11/01/2021
• Technical Revision — effective from 2021-03-14 to 11/01/2021
• Amendment — effective from 2021-03-14 to 03/14/2021
• EMERGENCY RULE Amendment — effective from 2021-01-01 to 03/14/2021
• Technical Revision — effective from 2020-01-01 to 01/01/2021
• Amendment — effective from 2019-12-27 to 01/01/2020
• Technical Revision — effective from 2019-06-02 to 12/27/2019
• Amendment — effective from 2019-06-02 to 06/02/2019
• EMERGENCY RULE Amendment — effective from 2019-01-01 to 06/02/2019
• Technical Revision — effective from 2017-01-27 to 01/01/2019
• Amendment — effective from 2017-01-27 to 01/27/2017
• Technical Revision — effective from 2015-03-18 to 01/27/2017
• Amendment — effective from 2015-03-18 to 03/18/2015
• EMERGENCY RULE Amendment — effective from 2015-01-01 to 05/01/2015
• Amendment — effective from 2014-12-15 to 03/18/2015
• EMERGENCY RULE Amendment — effective from 2014-10-01 to 01/29/2015
• Amendment — effective from 2014-04-21 to 12/15/2014
• EMERGENCY RULE Amendment — effective from 2014-01-01 to 04/21/2014
• Amendment — effective from 2013-02-27 to 04/21/2014
• EMERGENCY RULE Amendment — effective from 2013-01-01 to 05/01/2013
• Amendment — effective from 2012-11-13 to 02/27/2013
• EMERGENCY RULE Amendment — effective from 2012-09-25 to 01/23/2013
• Amendment — effective from 2012-03-15 to 11/13/2012
• EMERGENCY RULE Amendment — effective from 2012-01-01 to 03/15/2012
• Amendment — effective from 2011-10-01 to 03/15/2012
• Amendment — effective from 2011-01-01 to 10/01/2011
• Amendment — effective from 2008-12-29 to 01/01/2011
• Amendment — effective from 2008-01-01 to 12/29/2008
• Amendment — effective from 2007-01-01 to 01/01/2008
• Amendment — effective from 2006-01-01 to 01/01/2007
• Amendment — effective from 2005-03-30 to 01/01/2006
• EMERGENCY RULE Adoption — effective from 2004-12-30 to 03/30/2005
• Amendment — effective from 2004-02-04 to 12/30/2004
• EMERGENCY RULE Adoption — effective from 2004-01-01 to 02/04/2004
• Amendment — effective from 2002-12-29 to 01/01/2004
• EMERGENCY RULE Adoption — effective from 2002-11-28 to 12/29/2002
• Amendment — effective from 2002-02-17 to 11/28/2002
• Periodic Refile — effective from 2001-12-20 to 02/17/2002

218-RICR-20-00-7 Social Services

218-RICR-20-00-7 § 7.1 Introduction

A.Title XX of the Social Security Act provides states with the authority to establish a Social Services Block Grant (SSBG).

1.The social services provided by the Department of Human Services through Family and Adult Services and Community Services are among those described in the Block Grant Pre-Expenditure Report published each year.

2.The Department of Human Services is designated by the governor as the agency responsible for the administration of SSBG funds in Rhode Island.

3.The Department is committed to a goal-oriented social services program which has the capability to avert social and economic dependency and family breakdown through a planned coordinated approach using other agencies as needed either for services provided by them at no cost or purchased from them when the department does not provide them directly.

7.1.1Goals

A.Services will be offered to help clients reach one or more of the five federal goals which have been identified by Congress for Title XX:

1. Achieving or maintaining economic self-support to prevent, reduce, or eliminate dependency.

2. Achieving or maintaining self-sufficiency, including reduction or prevention of dependency.

3. Preventing or remedying neglect, abuse or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating, or reuniting families.

4. Preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care.

5. Securing referral or admission for institutional care when other forms of care are not appropriate or providing services to individuals in institutions.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-09-07 to 01/04/2022
• Amendment — effective from 2017-09-07 to 09/07/2017
• Periodic Refile — effective from 2001-12-20 to 09/07/2017

218-RICR-20-00-7 § 7.2 Provision of Social Services

A.Services provided directly by the Department of Human Services consist primarily of casework and counseling and include the cost of planning and administration of all SSBG activities and some staff training. They also include the referral to and authorization of contracted services, taken from the SSBG Uniform Definition of Services (see table below) and included in the Intended Use Plan submitted to the federal government.

1.Provision of services depends not only upon the need of the individual or family, but also upon the availability of funding and the capacity of the provider agency. Waiting lists may be established when a provider is at the limit of its capacity to respond.

B.The Department’s social workers play a key role in the area of Information and Referral Services linking people with appropriate community resources. Crisis intervention and follow-up activities are included in this component.

7.2.1 Program Services Related to Federal Goals

A.The table below depicts the various service categories that may be reflected in the activities funded by the Social Services Block Grant, and which federal goal those service categories might address.

Achieve or maintain economic self-support to prevent, reduce or eliminate dependency

Achieve or maintain self- sufficiency including reduction or prevention of dependency

Preventing or remedying abuse or exploitation of children and adults unable to protect their own interests or preserving rehabilitating or reuniting families

Preventing or reducing inappropriate institutional care by providing for community- based care, home-based care or other forms of less intensive care

Securing referral or admission for institutional care when other forms of care are not appropriate or providing services to individuals in institutions.

Case Management Services

X

X

X

X

Counseling Services

X

X

X

X

X

Day-Care Adults

X

X

X

X

X

Day-Care Children

X

X

X

X

X

Education & Training

X

X

X

X

X

Employment Services

X

X

Family Planning Services

X

X

Health-Related and Home Health Services

X

X

X

X

Home-Based Services

X

X

X

X

Housing Services

X

X

Independent and Transitional Living

X

X

X

X

X

Information and Referral

X

X

X

X

X

Legal Services

X

X

X

X

Prevention and Intervention

X

X

X

X

Protective Services for Adults

X

X

X

X

X

Protective Services for Children

X

X

X

Residential Treatment Services

X

X

X

X

X

Substance Abuse Services

X

X

X

X

Transportation Services

X

X

X

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-09-07 to 01/04/2022
• Amendment — effective from 2017-09-07 to 09/07/2017
• Periodic Refile — effective from 2001-12-20 to 09/07/2017

218-RICR-20-00-7 § 7.3 Characteristics of Individuals to be Served

A.Services are available in every community in the State of Rhode Island. All persons in the State may apply for social services. There is no requirement related to duration of residence.

B.Definitions

1.“Child” means a person under the age of eighteen (18)

2.“Adult” means as a person eighteen (18) years of age and older

3.“Family” means two or more people who are related by blood, marriage, guardianship, adoption, foster care, or kinship caretaking.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-09-07 to 01/04/2022
• Amendment — effective from 2017-09-07 to 09/07/2017
• Periodic Refile — effective from 2001-12-20 to 09/07/2017

218-RICR-20-00-7 § 7.4 Eligibility Criteria 7.4 Eligibility Criteria {#sec-218-ricr-20-00-7-7.4-eligibility-criteria omnilex-key=us-ri-regs-official--title-218--218-RICR-20-00-7#7.4 Eligibility Criteria}

A.Although an individual or family may be eligible for most Block Grant Social Services, this does not mean that entitlement for a specific service exists. Additional eligibility requirements may be prescribed by the governing contracts and/or DHS Policy.

1.For example, transportation is only provided for the elderly or individuals with disabilities, and documentation of the disability is required.

B.The State provides a system and procedure for fair hearings under which applicants or recipients may appeal denial, reduction or termination of services or failure to act upon a request for service within a reasonable time.

7.4.1 Income Guidelines

Income Guidelines for participation in the programs follow those of the Rhode Island State Plan for the Low-Income Home Energy Assistance Program for adults and families (currently 60% of Household Median Income in Rhode Island), and for children, the Income Guidelines for Medicaid Eligibility (261% FPL).

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-09-07 to 01/04/2022
• Amendment — effective from 2017-09-07 to 09/07/2017
• Periodic Refile — effective from 2001-12-20 to 09/07/2017

218-RICR-20-00-7 § 7.5 Types of Activities to be Supported 7.5 Types of Activities to be Supported {#sec-218-ricr-20-00-7-7.5-types-of-activities-to-be-supported omnilex-key=us-ri-regs-official--title-218--218-RICR-20-00-7#7.5 Types of Activities to be Supported}

A.Services are provided within the RI Department of Human Services and through Service Agreements and Contracts negotiated with other State entities and a number of community agencies and organizations for the provision of specific services per the SSBG Uniform Definition of Services listed in the table in § 7.2.1 of this Part, Program Services Related to Federal Goals.

B.Services may be delivered by public or private agencies and may have a statewide scope or a narrower geographic focus.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-09-07 to 01/04/2022
• Amendment — effective from 2017-09-07 to 09/07/2017
• Periodic Refile — effective from 2001-12-20 to 09/07/2017

Chapter 30 Rhode Island Office of Child Support Services

Subchapter 00

218-RICR-30-00-1 Child Support Program Rules and Regulations

218-RICR-30-00-1 § Table of Contents Table of Contents {#sec-218-ricr-30-00-1-table-of-contents omnilex-key=us-ri-regs-official--title-218--218-RICR-30-00-1#Table of Contents}

Child Support Program Overview 1.1

Program Administration 1.1.1

Definitions 1.1.2

Confidentiality 1.1.3

Types of Child Support Cases 1.2

Rhode Island Works (RIW) Child Support Cases 1.2.1

Non-Public Assistance (NA) Child Support Cases 1.2.2

Foster Care Child Support Cases 1.2.3

Medicaid Child Support Cases 1.2.4

Intergovernmental Child Support Cases 1.2.5

Custodial Parent Responsibilities 1.3

Direct Support 1.3.1

Conditions of Eligibility 1.3.2

Non-Cooperation with Child Support 1.3.3

Good Cause 1.3.4

Domestic Violence and Child Support 1.3.5

Non-Assistance Case Processing 1.4

Mandatory Fees 1.4.1

Services Provided 1.4.2

Application Procedures 1.4.3

Interview 1.4.4

Custodial Parent Responsibilities 1.4.5

Non-Assistance to Public Assistance Case Processing 1.4.6

Public Assistance to Non-Assistance 1.4.7

Foster Care Case Processing 1.5

Foster Care Agency Responsibilities 1.5.1

Office of Child Support Services (OCSS) Agency Responsibilities 1.5.2

Assignment and Referral 1.5.3

Medicaid Case Processing 1.6

Medicaid Agency Responsibilities 1.6.1

Assignment and Referral 1.6.2

Custodial Parent Responsibilities 1.6.3

Cooperative Agreements 1.7

Emancipation 1.8

Case Assessment and Prioritization 1.9

Case Closures 1.10

Federal Regulation (Public Welfare, 45 C.F.R. § 303.11) 1.10.1

Closing Criteria Requiring Sixty (60) Day Notice 1.10.2

Closings Without Prior Notice 1.10.3

Non-Custodial Parent Location 1.11

Location Standards 1.11.1

Notice Requirements 1.11.2

Access to Information 1.12

Non-Custodial Parent Social Security Number 1.12.1

Credit Bureau Inquiries 1.12.2

Division of Motor Vehicles 1.12.3

Department of Labor and Training 1.12.4

Requests for Information from Employers 1.12.5

U.S. Postal Service 1.12.6

Police or Criminal Records 1.12.7

Office of Vital Records 1.12.8

U.S. Armed Forces 1.12.9

Federal Parent Locator Service 1.12.10

State Parent Locator Service 1.12.11

Directories 1.12.12

Friends and Relatives 1.12.13

Division of Taxation 1.12.14

Genetic Parentage 1.13

Legal Basis 1.13.1

Parentage Time Frames 1.13.2

Parentage Processing 1.13.3

Paternity Allegations 1.13.4

Presumptions of Legal Parentage 1.13.5

Verifying Location 1.13.6

Non-Custodial Parent Receiving Benefits 1.13.7

Complaint for Paternity and Support 1.13.8

Locating the Parent 1.13.9

Serving the Alleged Genetic Parent 1.13.10

Alleged Genetic Parent's Response 1.13.11

Post Hearing Activities 1.13.12

Genetic Tests 1.13.13

Discovery 1.13.14

DNA Test Reveals Alleged Genetic Parent Excluded 1.13.15

Alleged Genetic Parent Fails to Respond 1.13.16

Special Parentage Issues 1.13.17

Voluntary Acknowledgment of Parentage 1.13.18

Limitation on Recovery 1.14

Jurisdiction and Remedies 1.15

Jurisdiction of Rhode Island Courts 1.15.1

Adjudication of Parentage of Alleged Genetic Parent 1.15.2

Civil Action 1.15.3

Voluntary Acknowledgment of Parentage Program 1.16

Support Order Establishment 1.17

Payment of Support to Custodial Agency 1.17.1

Name Children Receiving Public Assistance 1.17.2

Child Support 1.18

Reconsideration of Support Orders 1.18.1

Set Support for Public Assistance Children 1.18.2

Child Support Guidelines 1.18.3

Medical Support 1.18.4

Employer Medical Notices 1.18.5

Establishing the Order 1.18.6

Complaint for Support 1.18.7

The Non-Custodial Parent is Successfully Served 1.18.8

Non-Custodial Parent Cannot be Served 1.18.9

Wage Withholding 1.19

Option to Elect Direct Deposits/Kids Card 1.19.1

Enforcement Standards 1.20

Administrative Income Withholding 1.20.1

Contempt Processing 1.20.2

Felony Penalties 1.20.3

Administrative Liens 1.20.4

Passport Denial 1.20.5

Multi-State Bank Match 1.20.6

Medical Enforcement 1.20.7

Posting Security, Bond, or Guarantee 1.20.8

Secure Payment of Overdue Support 1.20.9

Federal and State Tax Refund Offsets 1.20.10

Child Support Income Tax Refund Offset 1.20.11

Unemployment Insurance (UI) Intercepts 1.20.12

Credit Bureau Reporting 1.20.13

License Suspension 1.20.14

Interception of Insurance Payments 1.20.15

Offset of State Lottery Prizes 1.20.16

Intergovernmental Child Support Cases 1.21

Authority 1.21.1

The OCSS Intergovernmental Unit/Central Registry 1.21.2

RIW Intergovernmental Cases 1.21.3

Non-Assistance, MAO and FC Intergovernmental Cases 1.21.4

Petition for Registration 1.21.5

Petition for Support 1.21.6

Duty of Initiating Court 1.21.7

Costs and Fees 1.21.8

OCSS Responsibilities 1.21.9

Initiating Parentage Establishment 1.21.10

Long Arm Cases 1.21.11

Initiating Parentage 1.21.12

Initiating Support Order Establishment 1.21.13

Initiating Intergovernmental Enforcement 1.21.14

Initiating Intergovernmental Income Withholding 1.21.15

Registration of a Foreign Order 1.21.16

Rhode Island as the Responding State 1.21.17

Modification of Child Support Orders 1.22

Introduction 1.22.1

Criteria for Modification-Requested Reviews 1.22.2

Requested Reviews 1.22.3

Mandatory Reviews 1.22.4

Review and Modification - Intergovernmental Cases 1.22.5

Emancipation 1.22.6

Modification 1.22.7

Child Support Financial Management 1.23

Legal Basis 1.23.1

Collections by the State 1.23.2

Verification of Child Support Payments 1.23.3

Distribution 1.23.4

SSI Child Having Special Needs 1.23.5

Recovering Erroneously Disbursed Support 1.23.6

Insufficient Funds (Bounced Check) 1.23.7

Recovering Tax Offsets 1.23.8

Hearing and Post Hearing Activities 1.24

Body Attachments 1.24.1

Constable Service 1.24.2

Notice and Hearing Procedures 1.24.3

Legal Representation 1.25

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History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.1 Child Support Program Overview

1.1.1Program Administration

A.Authority

1.The Child Support Enforcement program is administered by the Federal government and the State of Rhode Island. Federal stewardship of the Title IV-D Program is vested in the Office of Child Support Enforcement (OCSE), an agency within the U.S. Department of Health and Human Services (HHS) Administration for Children and Families.

2.In Rhode Island, the Child Support program is managed by the Department of Human Services, Office of Child Support Services (OCSS). The revenue collection functions of the Division of Taxation were transferred to the Department of Human Services on July 1, 2005. Any reference to the Department of Administration, Division of Taxation, the Rhode Island Child Support Services agency, and Bureau of Family Support in reference to Child Support services in this and other DHS manuals shall be construed to refer to the Department of Human Services, Office of Child Support Services except as may be required by context.

3.The following Child Support Enforcement services are provided:

a.Intake for both public assistance and non-public assistance cases;

b.Location of the non-custodial parent;

c.Establishment of parentage;

d.Establishment of an order for child and medical support;

e.Enforcement of the order;

f.Review and modification of the order; and

g.Collection and disbursement.

B.Purpose

1.Authority for States to administer a Child Support Enforcement Program is vested in the Social Security Act, 42 U.S.C. § 654.

2.Because of its enactment under this Part, the program is commonly referred to as the IV-D program. The Social Security Act, 42 U.S.C. § 651, identifies the purpose of the IV-D program as follows:

a.For the purpose of enforcing the support obligations owed by non-custodial parents to their children and the spouse (or former spouse) with whom such children are living, locating non-custodial parents, establishing parentage, obtaining child and spousal support, and assuring that assistance in obtaining support will be available under this part to all children (whether or not eligible for aid under Part A) for whom such assistance is requested.

3.Thus, the goal of the IV-D program is to ensure that parents assume their obligation to financially and emotionally support their children.

C.Spousal Support Issues

1.For IV-D purposes:

a."Spousal support" means a legally enforceable obligation assessed against an individual for the support of a spouse, or former spouse, who is living with a child or children for whom the individual also owes support;

b."Overdue support" means a delinquency pursuant to an obligation determined under a court order, or an order of an administrative process established under State law, for support and maintenance of a minor child, which is owed to or on behalf of the child, or the non-custodial parent's spouse (or former spouse) with whom the child is living, but only if a support obligation has been established with respect to the spouse and the support obligation established with respect to the child is being enforced under the State's IV-D plan;

c."Past-due support" means the amount of support determined under a court order or an order of an administrative process established under State law for support and maintenance of a child, or of a child and the parent with whom the child is living, which has not been paid. For purposes of referral for Federal income tax refund offset of support due an individual who has applied for non-assistance services "past-due support" includes support owed to or on behalf of a minor child and may include spousal support if such support is included in the Child Support order.

2.Orders for spousal support may be enforced when the non-custodial parent is under a Child Support order enforced under the State IV-D plan, and the minor child for whom support is sought is living with the individual who is owed spousal support. The Office of Child Support Services may not establish or modify orders for spousal support, only enforce such orders.

D.Petition or Complaint for a Minor

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor child.

1.1.2Definitions

A.“Arrearages” means unpaid child support payments for past periods owed by a parent who is court ordered to pay.

1.“Conditionally-assigned arrearages” means:

a.Arrearages that do not exceed the cumulative amount of unreimbursed assistance paid to the family as of the date the family leaves the assistance rolls.

b.Arrearages that were temporarily assigned to the State and became conditionally assigned to the State when the temporary assignment expired.

(1)If a conditionally-assigned arrearage is collected through a Federal income tax refund offset, the collection is retained by the State to reimburse the State and the Federal government up to the cumulative amount of unreimbursed assistance paid to the family.

(2)Collections of conditionally-assigned arrearages by any other enforcement mechanism are paid to the family.

2.“Permanently-assigned arrearages” means arrearages which do not exceed the cumulative amount of unreimbursed assistance paid to the family as of the date the family leaves the assistance rolls:

a.Which are or were assigned under an assignment of support rights in effect on September 30, 1998, and

b.Which accrued under an assignment entered into on or after October 1, 1998, while a family is receiving assistance.

3.“Temporarily-assigned arrearages” means arrearages which accrued prior to the family receiving assistance and which were assigned to the State after September 30, 1998. These arrearages are not permanently assigned. The temporary assignment will expire when the family leaves the assistance program.

4.“Never-assigned arrearages” means arrearages that accrue after the family's most recent period of assistance ends.

5.“Unassigned arrearages” includes:

a.“Pre-assistance arrearages” means all previously-assigned arrearages that exceed the cumulative amount of unreimbursed assistance when the family leaves the assistance program and which accrued prior to the receipt of assistance.

b.“During assistance arrearages” means all previously-assigned arrearages that exceed the cumulative amount of unreimbursed assistance when the family leaves the assistance program and which accrued during the receipt of assistance.

6.“Unreimbursed assistance” means the cumulative amount of assistance paid to a family for all months, which has not been repaid by assigned support collections. The total amount of unreimbursed assistance a State may recover through the IV-D program is limited by the total amount of the assigned support obligation.

B.“Assistance from the state” means assistance received from a State program funded under Title IV-A of the Social Security Act, 42 U.S.C. Chapter 7, or under the State plan approved under Title IV-A (as in effect on August 21, 1996).

1.“Assistance paid to the family” means money payments paid in cash, checks, or warrants immediately redeemable at par to eligible families under a State Plan approved under Title IV-A.

2.“Current assistance case” means any IV-D case that is currently receiving TANF (RIW) assistance.

3.“Former assistance case” means any IV-D case that formerly received RIW or TANF (RIW) assistance.

4.“Never-assistance case” means any IV-D case that has never received RIW or TANF (RIW) assistance.

C.“Federal Medical Assistance Percentage” or “FMAP” means the Federal medical assistance percentage (as defined in § 1905(b) of the Social Security Act, as such section was in effect on September 30, 1995) in the case of any other State.

D.“Federal share” means that portion of the amount collected resulting from the application of the Federal medical assistance percentage in effect for the Federal fiscal year in which the amount is distributed.

E.“State share" means one hundred percent (100%) of the amount collected which does not exceed the cumulative unreimbursed assistance, minus the Federal share.

F.“Title IV-A Agency” means the State agency that administers Title IV of the Social Security Act. In Rhode Island, this agency is the Department of Human Services.

1.1.3Confidentiality

A.The OCSS staff will have access to information regarding both the custodial parent and non-custodial parent. This information must be held and used according to the Regulations outlined in this section.

B.Through the many databases accessed by both the State Parent Locator Service (SPLS) and the Federal Parent Locator Service (FPLS), OCSS employees have available a considerable amount of personal information concerning non-custodial parents. This information must only be accessed for those non-custodial parents whose child(ren)/families are participating in the IV-D program by virtue of either an assignment or application. In no instance, may information gained by the OCSS be disclosed for purposes other than the administration of the IV-D program, e.g., for location, establishing parentage and support, or enforcement of an existing order.

C.The Social Security Act is explicit in restricting the disclosure of information to only authorized individuals defined as:

1.Any agent or attorney of any State having an approved IV-D plan, who has the duty or authority under the Plan to seek to recover any amounts owed as child and spousal support;

2.The court, or an agent of the court, which has authority to issue an order against a non-custodial parent for the support and maintenance of a child; and

3.The resident parent, legal guardian, attorney, or agent of a non-assistance child without regard to the existence of a court order against a non-custodial parent who has a duty to support and maintain any such child.

D.In proceedings to establish parentage, the OCSS must exercise discretion. All matters relating to parentage establishment should proceed in the strictest of confidence after a prudent assessment of all case information available.

E.The OCSS staff may discuss a parentage case only with the custodial parent or the other parent. If a call is received from a third (3rd) party (someone other than the parents) the staff is limited to discussing only the general policy and procedures regarding parentage establishment.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.2 Types of Child Support Cases

1.2.1Rhode Island Works (RIW) Child Support Cases

A.Title IV, Part A of the Social Security Act provides funding to States to pay cash assistance benefits to needy families with children. This program, known as Temporary Assistance to Needy Families, is commonly referred to as TANF. Rhode Island's TANF program is called the Rhode Island Works, or RIW. For every child for whom RIW (Title IV-A) benefits are paid because of a parent's absence from the home, the State must establish a child support case and pursue collection of support, unless a claim of good cause for non-cooperation is substantiated (see § 1.3.6 of this Part). These cases include those in which the parents were never married, or were married but are now separated or divorced, and cases where the child(ren) is/are living with a non-parent caretaker relative who is receiving RIW in the child's behalf.

B.Assignment of Rights

1.Both Federal and Rhode Island laws require the custodial RIW parent to assign to the State any rights to support from any other person in behalf of the custodial parent or in behalf of any other member of the RIW family unit. In Rhode Island, this assignment of support operates by virtue of State law, and also by virtue of a signed RIW application which includes assignment of rights provisions, whenever RIW public assistance benefits are furnished.

2.As a condition of eligibility for assistance under Federal Title IV-A of the Act, a member of the family must assign to the State any rights a family member may have (on behalf of the family member or of any other person for whom the family member has applied for or is receiving such assistance) to support from any other person, not exceeding the total amount of assistance paid to the family which accrue (or have accrued) before the family leaves the program.

a.Prior to October 1, 1998, the applicant assigns to the State all rights to support which will accrue prior to the family leaving RIW assistance.

b.On or after October 1, 1998, the applicant assigns to the State all rights to support which will accrue while the family is receiving assistance, until the family leaves assistance, up to the amount of unreimbursed assistance.

c.The cumulative amount of assigned arrearages in former assistance cases may not exceed the cumulative amount of unreimbursed assistance paid to the family under all assignments.

d.A State may not require, as a condition of providing assistance to any family, that a member of the family assign to the State any rights to support which will accrue after the date the family leaves the RIW Program.

1.2.2Non-Public Assistance (NA) Child Support Cases

A.The Office of Child Support Services provides Child Support services to individuals who are not receiving RIW, Medicaid, or IV-E Foster Care. These services may be continued upon the termination of a RIW case or provided upon the request of a custodial parent or non-custodial parent.

B.Non-Public Assistance (NA) Cases Without Prior RIW

1.Title IV, Part D of the Social Security Act provides funding to States to operate a Child Support Enforcement program. § 454 of the Act provides that the State must provide that the support collection or parentage determination services established under the Plan shall be made available to any individual not receiving RIW who files an application for the services with the IV-D agency. These cases are frequently referred to as Non-public assistance (NA) and represent families from the general public who choose to access the IV-D agency for services in lieu of retaining private counsel. In Rhode Island, these NA families are charged a twenty-dollar ($20.00) application fee. In no case may the fee exceed twenty-five dollars ($25.00).

2.Federal and State law does not require the custodial parent who is not receiving any type of assistance to assign to the State rights to support from any other person on behalf of the custodial parent.

C.Non-Public Assistance (NA) Cases with Prior AFDC/RIW

1.When a RIW or Medicaid only case is closed, Child Support services are continued unless the custodial parent requests, in writing, that they be terminated. These cases differ from NA cases without prior RIW because services are provided automatically without an application fee.

2.When a family ceases receiving assistance under the State's IV-A Plan, the assignment of support rights terminates except with respect to the amount of any unpaid support obligation that has accrued under such assignment.

a.Priority first shall be given to collection of current support and shall be paid to the family.

b.Second, any arrearage due the family shall be paid first if the case is a NA case and any arrearage due the State shall be paid if the family is on RIW. Collections received from IRS offsets must be distributed to State arrears before they may be applied to NA arrears per Federal distribution rules.

c.Third, any medical arrearages due shall be paid.

1.2.3Foster Care Child Support Cases

Title IV, Part E of the Social Security Act provides funding to States to operate foster care and transitional independent living programs for children who would otherwise qualify for RIW benefits. In addition, when children are removed from their home and placed in foster care the Act requires that all steps be taken to secure an assignment to the State of any rights to support on behalf of each child receiving foster care maintenance payments under IV-E. As with RIW, the assignment of rights to support in a IV-E foster care case is automatic by operation of State law in Rhode Island. The IV-E foster care program in Rhode Island is administered by the Department of Children, Youth and Families (DCYF). The Office of Child Support Services is responsible, therefore, for the establishment and enforcement of support orders from either or both parents of IV-E foster care children if referred by DCYF.

1.2.4Medicaid Child Support Cases

A.Title XIX of the Social Security Act, 42 U.S.C. §§ 1900 through 1946, provides funding to States to operate Medicaid programs for indigent families with children and other specified individuals. This Act requires that all steps be taken to secure an assignment to the state of any rights to medical support on behalf of each child receiving Medicaid services and payments under Title XIX. As with RIW and IV-E foster care, the assignment of rights to support in a Medicaid case is automatic by operation of State law in Rhode Island. The Office of Child Support Services is responsible, therefore, for the establishment and enforcement of orders for medical coverage from non-custodial parents of Medicaid children.

B.If the Court determines that the cost of the insurance coverage is not reasonable, that is, the cost of coverage is more than five percent (5%) of the parent's gross income, the court may order the parent to pay a weekly cash medical order equal to five percent (5%) of the gross income. If the child is on Medicaid, the State will retain the cash medical order and apply it towards Medicaid reimbursement. If the child is not receiving Medicaid, the cash medical will be distributed to the custodial parent as reimbursement for private health coverage provided.

1.2.5Intergovernmental Child Support Cases

A.The cases described in this section may also occur in intergovernmental case situations. In general, an intergovernmental case is one in which one of the parties resides in Rhode Island and the other resides out of State or in a foreign country; or another State or foreign country has a legal interest in the establishment and enforcement of support. Additionally, there are two (2) categories of intergovernmental cases:

1.Responding – where the non-custodial parent resides, is employed or has resources in Rhode Island and the child(ren) live out of State; or

2.Initiating – where the child(ren) reside in Rhode Island and the non-custodial parent resides, is employed or has resources in another State.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.3 Custodial Parent Responsibilities

1.3.1Direct Support

A.Direct support payment means an assigned support payment from a non-custodial parent received directly by a RIW recipient. These payments may go to the RIW recipient directly from the non-custodial parent or, in some cases, may have been sent by either an out-of-State court or agency or a Rhode Island court.

B.RIW recipients are required to turn over direct support payments to the:

Department of Human Services

Office of Child Support Services

Business Office Recovery Unit

77 Dorrance Street

Providence, RI 02903

1.3.2Conditions of Eligibility

A.As a condition of eligibility for RIW, CCAP, and Medicaid, a recipient is required to cooperate (unless good cause for refusing to cooperate is determined) with the Office of Child Support Services to establish, modify, and enforce a Child Support order(s) for each eligible child.

B.To cooperate with the Child Support Agency, an applicant or recipient shall make a good faith effort regarding the non-custodial parent(s) of each child for whom assistance is requested, as outlined below. An applicant or recipient who has not provided the information specified shall be provided an opportunity to make a good faith effort by providing all the information s/he can reasonably obtain. Such information shall include:

1.Each non-custodial parent's full name and Social Security Number (SSN); or

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

a.The non-custodial parent's date of birth;

b.The non-custodial parent's address;

c.The non-custodial parent's telephone number;

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

e.The name and address of at least one (1) of the parents of the non-custodial parent; and

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

C.Verifiable Information

The information requested above must be verifiable. Information is considered verifiable, if, using reasonable efforts, the Office of Child Support Services can confirm that it is current and accurate. Reasonable efforts shall be determined by the OCSS and shall include, but not be limited to, the following: a review of databases available to the OCSS to follow-up on information; follow-up contacts with the applicant or recipient as appropriate, telephone calls to phone numbers, or letters sent to addresses provided by the applicant or recipient, or requests to other agencies for records identified by the applicant or recipient.

D.Spouse's Name Unknown

If the child's birth certificate provides spouse's name as unknown, and parent is married at the time of the birth, the applicant must provide spouse's full name. If an applicant believes that providing the name of her spouse will result in physical or emotional harm to her or to her child, the applicant is referred to the Family Violence Options Program for a determination of whether good cause not to cooperate exists. If the information is not provided and does not meet the requirement under good faith efforts, the applicant and/or recipient is subject to provisions established in § 1.3.2 of this Part regarding non-cooperation.

E.Good Faith Effort Required

1.An applicant or recipient who has not provided the information specified in § 1.3.2 of this Part shall be deemed to be cooperating if s/he can reasonably obtain any other information or documentation that may assist in identifying or locating the non-custodial parent, establishing parentage, or establishing, modifying or enforcing a Child Support order, such as:

a.In cases in which parentage has not been established, a sworn statement that sexual intercourse between the non-custodial parent and that applicant or recipient occurred during the probable period of conception.

b.A statement or statements as to the identity of location of the non-custodial parent from individuals other than the applicant or recipient who have personal knowledge of such information.

c.Records or information as to the whereabouts of records from law enforcement, social service, or other agencies, courts, or offices regarding the identity of location of the non-custodial parent.

d.Utility bills, parking tickets, credit card receipts, or other personal records or effects that contain information regarding the identity or location of the non-custodial parent.

e.Telephone numbers or addresses of individuals who, if contacted, may be able to provide information as to the identity and location of the non-custodial parent.

f.Signed releases for the OCSS to obtain evidence to corroborate that the information provided is accurate and that all information about the non-custodial parent available to or reasonably obtainable to the applicant or recipient has been provided.

g.A sworn statement documenting with specificity efforts undertaken and obstacles encountered by the applicant or recipient in pursuit of information regarding the non-custodial parent, with any documentation supporting the sworn statement attached; and

h.If an applicant or recipient is uncertain as to which of two (2) or more individuals might be the non-custodial parent of a single child, the applicant or recipient shall provide the information required about at least one (1) person at the time of application or redetermination of eligibility for public assistance or upon request of the OCSS.

F.If the applicant or recipient has provided information about an individual who is found not to be a non-custodial parent by court order or genetic testing, the applicant or recipient shall provide information about any additional possible non-custodial parents for that child.

G.It is important to emphasize that a sworn statement or affidavit from the applicant/recipient attesting to the lack of verifiable information about the non-custodial parent will NOT alone meet the requirement of cooperation.

H.Continued Cooperation

Regardless of whether an applicant or recipient has provided all of the information in this section, s/he is required to continue to make a good faith effort to cooperate with the Office of Child Support Services (OCSS) to establish parentage and establish, modify, and enforce child support and medical orders.

I.Additional cooperation may include, but is not limited to:

1.Appearing for appointment to provide additional information possessed by or reasonably obtainable by the applicant or recipient;

2.Authorizing the OCSS to obtain pertinent information from third (3rd) parties;

3.Accepting personal services of process from licensed constables and authorized agents relative to their child support cases;

4.Appearing as witness in a judicial or other proceeding; and

5.Appearing for parentage tests.

J.If an applicant or recipient fails to appear in court or fails to cooperate in any of the above, and such failure precludes the OCSS from proceeding in an action to establish parentage, or to establish, modify, or enforce a child support or medical order, the OCSS shall notify DHS, by e-mail, or in writing that the applicant or recipient has not cooperated and the grounds therefore. The applicant or recipient shall be sent a copy of this notice. If, however, the applicant or recipient contacts the OCSS on or before the court date and specifies emergency circumstances that prevent the applicant or recipient from appearing in court or attending a scheduled appointment, the OCSS shall not refer a case to DHS for a determination of non-cooperation, but shall proceed in court in the absence of the applicant or recipient, if possible, or reschedule the court date. The OCSS may require the applicant or recipient to provide documentation about such emergency circumstances.

K.If subsequent to the issuance of a determination of non-cooperation, the applicant or recipient begins cooperating, the OCSS shall promptly notify DHS and provide notice to the applicant or recipient.

1.3.3Non-Cooperation with Child Support

A.If the Office of Child Support Services determines that the applicant or recipient failed to provide the information s/he has or can reasonably obtain (or to otherwise cooperate), then the OCSS shall determine that the applicant or recipient has failed to make a good faith effort to cooperate. The OCSS shall notify RIW/MA/CCAP by e-mail and in writing of the failure to cooperate and the grounds therefore, and provide a copy of this to the applicant or recipient. If subsequent to the issuance of the notice of noncooperation, the applicant or recipient begins cooperating, the OCSS shall promptly issue a notice of cooperation in writing, and by e-mail to RIW/MA/CCAP and provide a copy to the applicant or recipient.

B.RIW/MA/CCAP shall, upon receipt of a determination of noncooperation from the OCSS, impose a sanction for noncooperation in accordance with DHS policy, unless the applicant or recipient establishes good cause. If DHS imposes a sanction for noncooperation, DHS shall provide the applicant or recipient with an opportunity to challenge the imposition of the sanction in accordance with DHS policy.

1.3.4Good Cause

A.An applicant or recipient of RIW/MA/CCAP may claim good cause for refusing to cooperate with the Office of Child Support Services. In claiming good cause, the applicant or recipient states that by cooperating with the Office of Child Support Services in the child support enforcement effort s/he would not be acting in the best interest of the child. That is, cooperation with the OCSS would result in physical or emotional harm to the child or the applicant or recipient.

B.Physical harm and emotional harm, as defined, must be of a serious nature. It must be demonstrated to the DHS agency representative that there exists an emotional impairment that substantially affects the individual's functioning for a finding of good cause for emotional harm to be made.

C.If a determination is based in whole or in part upon the anticipation of emotional harm to the child, parent, or other caretaker relative, consideration is given to the following:

1.The present emotional state of the individual subject to emotional harm;

2.The emotional health history of the individual;

3.Intensity and probable duration of the emotional upset; and

4.Degree of cooperation to be required; and the extent of involvement of the child in parentage establishment or support enforcement activity to be undertaken.

D.The DHS agency representative can find good cause on the basis of anticipated physical harm without corroborative evidence if the agency considers the claim credible without corroborative evidence and if such corroborative evidence is not available.

E.Every applicant or recipient is given an opportunity to claim good cause for refusing to cooperate. Good cause applies only to cooperation. An applicant or recipient may claim good cause for non-cooperation at any time with DHS. The eligibility requirement regarding the assignment of support rights is not affected by a good cause determination.

F.If good cause is claimed, the applicant or recipient is advised that (s)he must state the basis of the claim and present corroborative evidence within twenty (20) days of the claim; or, s/he must provide sufficient information to enable the investigation of the circumstance; or, provide sworn statements from individuals to support the claim as specified on the DHS Notice of Requirement to Cooperate and the Right to Claim Good Cause for Refusal to Cooperate in Child Support Enforcement (AP-35).

G.If an applicant or recipient informs the OCSS of facts that may give rise to a claim of good cause, the OCSS shall refer the applicant or recipient to DHS to claim good cause.

H.The determination as to whether good cause does or does not exist should be made within thirty (30) days of the good cause claim unless the record documents that the agency needs additional time because the information required to verify the claim cannot be obtained within the time standard. The final determination will be reported to Child Support Services.

I.The OCSS shall provide written notice to each applicant or recipient informing her/him of the right to claim good cause with DHS, the basis for a good cause claim, and how to claim good cause with DHS pursuant to DHS policy.

1.3.5Domestic Violence and Child Support

A.There are two (2) scenarios where a custodial parent may allege there is an issue of domestic violence that prevents him/her, or limits his/her ability to pursue establishment and enforcement of a Child Support order. In the first (1st) scenario, the custodial parent applies for benefits from the Rhode Island Works and alleges an issue of domestic violence. The caseworker determines there is good cause not to proceed. The case is not referred to the Office of Child Support Services. However, in a limited number of cases the custodial parent receiving benefits wishes to proceed with establishment of an order but needs to have his/her confidential address protected.

B.In the second (2nd) scenario, a non-welfare custodial parent applies for Child support services and indicates that there is a domestic violence issue, and that the non-custodial parent does not know where s/he resides but that s/he wishes to establish or enforce a child support order in safety. The OCSS would follow procedures to obtain an ex-parte order to seal the Court file before any pleadings are filed and in substituting the address of the agency for the address of the custodial parent to protect the confidential address.

C.A history of domestic violence means:

1.Physical acts that resulted in or threatened to result in physical injury to the individual;

2.Sexual abuse;

3.Sexual activity involving a dependent child;

4.Being forced as the caretaker relative of a dependent child to engage in non-consensual sexual acts or activities;

5.Threats of, or attempts at, physical or sexual abuse;

6.Mental abuse;

7.Neglect or deprivation of medical care; or

8.Stalking or cyberstalking.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.4 Non-Assistance Case Processing

1.4.1Mandatory Fees

A.Services are free for custodial parents whose RIW cases were closed after October 1985. For all others, including custodial parents whose RIW cases were closed before October 1985, the application fee is twenty dollars ($20.00).

B.Effective October 1, 2006, pursuant to Pub. Law 109-171, the Deficit Reduction Act of 2005, in all never assistance cases, where the State has collected five hundred dollars ($500.00) in child support annually, the State will remit the Federal share of the twenty-five dollar ($25.00) fee annually to the Federal Office of Child Support Enforcement as program income.

1.4.2Services Provided

A.The Office of Child Support Services provides the same child support services to families not receiving public assistance as it does to families receiving public assistance.

B.Non-assistance (NA) cases are established automatically when a public assistance case is closed or upon receiving an application from a custodial parent who has requested services.

C.Services will also be provided to parents who request assistance in establishing paternity, establishing an order and in filing a Motion to Modify a Child Support order.

D.The Office of Child Support Services must provide applications for IV-D services to individuals within five (5) working days of a written or phone request.

E.Applications are considered filed on the day the necessary forms (along with the application fee) are received by the Office of Child Support Services. Applications will be returned if information is incomplete or the appropriate documentation is not provided. A case file will be opened and established within twenty (20) calendar days of the date the complete application was received. Based on an assessment of the case, the following action(s) may include:

1.Obtaining necessary and relevant information from the custodial parent and other relevant sources;

2.Initiating verification of information, if appropriate;

3.Requesting additional location information, or referring the case for further location attempts if location information is inadequate; and/or

4.Scheduling an applicant interview if needed.

1.4.3Application Procedures

A.Custodial parents may request an application by calling or writing the Office of Child Support Services or by downloading an application from the website at www.cse.ri.gov.

B.The agency will determine whether the case is one in which parentage or a Child Support order must be established, enforcement is required, or intergovernmental action must be initiated, and forward to the appropriate agent.

C.The Office of Child Support Services agent will:

1.Establish a case record following office procedures;

2.Determine what actions must be taken;

3.Schedule a telephonic appointment with the applicant if needed; and/or

4.Return the application indicating the reason the application was incomplete and the documents required.

1.4.4Interview

A.During an interview the agent may:

1.Provide the custodial parent with information regarding child support services, his/her rights and responsibilities, the State's fees, cost recovery and distribution policies;

2.Discuss the types of services available;

3.Provide assistance in completing the application if needed;

4.Obtain and clarify any information needed;

5.Advise the custodial parent that it is his/her responsibility to provide any legal documentation required such as a birth certificate or divorce decree;

6.Obtain a completed income and expense sheet (OCSS-1);

7.Obtain the custodial parent's signature on any forms necessary to initiate action; and

8.Explain the Debit Card and Personal Identification Number (PIN) process associated with the Child Support Account.

1.4.5Custodial Parent Responsibilities

A.The non-assistance (NA) custodial parent must cooperate with the Office of Child Support Services in the child support enforcement effort. Cooperation means helping in:

1.Locating the non-custodial parent;

2.Establishing parentage and orders for support; and

3.Collecting the support.

B.Actions include:

1.Keeping the Office of Child Support Services informed of his/her current address;

2.Appearing at the Office of Child Support Services or participating in an appointment telephonically when required;

3.Appearing as a witness at judicial or other hearings either telephonically or in person, as required or permitted;

4.Providing information and documentation requested;

5.Attesting to the lack of information, under penalty of perjury;

6.Maintaining PIN account information; and

7.Returning funds received in error as agreed to in the application process.

1.4.6Non-Assistance to Public Assistance Case Processing

If an existing IV-D non-assistance (NA) custodial parent begins receiving Rhode Island Works (RIW), the electronic code for case type will automatically change from NA to RIW upon initial approval of IV-A benefits. The administration of the case will continue under the Rules outlined in § 1.3 of this Part, Rhode Island Works (RIW) Case Processing.

1.4.7Public Assistance to Non-Assistance

When a custodial parent's RIW case is closed, the Office of Child Support Services continues IV-D services by opening an NA case. A letter is sent to the custodial parent informing her/him that child support services will continue unless a request is made in writing that these services are no longer wanted.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.5 Foster Care Case Processing

1.5.1Foster Care Agency Responsibilities

Where appropriate, the Foster Care agency will take all steps including cooperative efforts to secure an assignment to the State of any rights to child support and medical support on behalf of each child receiving foster care maintenance payments.

1.5.2Office of Child Support Services (OCSS) Agency Responsibilities

A.The OCSS will provide the same child support services for children receiving IV-D Foster Care benefits as in any other Child Support Enforcement case, provided the Department of Children, Youth & Families (DCYF) provides a complete and accurate referral.

B.Upon receipt of a complete referral from the DCYF with all required documents, application and affidavits, the OCSS agency establishes a child support case. The OCSS agency will, based on an assessment of the case, determine necessary action, solicit necessary and relevant information from the custodial parent and other relevant sources, and initiate verification of information when appropriate.

C.When there is inadequate location information with which to proceed, the OCSS will request additional information or pursue further location attempts where appropriate.

D.The OCSS agency will:

1.Locate the parent;

2.Establish parentage if necessary;

3.Establish orders for support and medical support;

4.Suspend orders when the child is no longer in DCYF care; and

5.Enforce orders when requested by DCYF.

1.5.3Assignment and Referral

The assignment of support rights secured on behalf of a child receiving foster care maintenance payments shall constitute an obligation owed to the State by the individuals responsible for providing support. This obligation is collectible under all applicable State and local processes. The amount of the obligation will be an amount determined by the State in accordance with a formula established by the State.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.6 Medicaid Case Processing

1.6.1Medicaid Agency Responsibilities

A.The Medicaid agency is responsible for forwarding all cases where the custodial parent is receiving Rite Care, Medicaid or RIte Share to the OCSS for case processing. The OCSS is not responsible for any cases until an appropriate and complete referral is provided.

B.The Medicaid agency must notify the OCSS when the following occurs:

1.A non-custodial parent changes insurance;

2.A non-custodial parent drops insurance; and/or

3.A custodial parent stops receiving Medicaid.

1.6.2Assignment and Referral

A.Each applicant for or recipient of Medicaid or any individual receiving Medicaid for and on behalf of any other person for whom (s)he may be legally responsible will assign his/her rights to any medical support or any other medical care without the necessity of signing any document.

B.This assignment includes any and all rights and interests that (s)he may have to payment for any medical support and to payment for any medical care from any third (3rd) party.

C.The custodial parent is not assigning any rights to child support. That is a separate assignment, which arises when the custodial parent receives RIW benefits.

1.6.3Custodial Parent Responsibilities

A. As a condition of eligibility for Medicaid, a recipient is required to cooperate (unless good cause for refusing to cooperate is determined) with the State in:

1.Identifying and locating the non-custodial parent,

2.Establishing parentage for children born out of wedlock,

3.Establishing medical support obligations, and

4.Enforcing such orders.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.7 Cooperative Agreements

Per Federal requirements, the Office of Child Support Services enters into cooperative agreements with the Rhode Island Family Court, the Department of Children, Youth and Families (DCYF), the Department of Corrections, and the Department of Labor and Training (DLT), among other entities and as required. These are written agreements, which specifically outline each party's responsibilities and the financial arrangements agreed upon.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.8 Emancipation

A.Pursuant to Rhode Island law, a child is emancipated upon his or her eighteenth (18th) birthday. The court may, if in its discretion it deems it necessary or advisable, order child support and education costs for children attending high school at the time of their eighteenth (18th) birthday and for ninety (90) days after graduation, but in no case beyond their nineteenth (19th) birthday. If the child has a mental or physical disability, which occurred before emancipation, the order may continue. However, a non-custodial parent is obligated to continue paying current child support until s/he has obtained an order terminating that obligation. Therefore, the OCSS will continue to enforce an order until such time as the order has been terminated and arrears have been suspended. The non-custodial parent may request assistance from OCSS to suspend an order based upon emancipation.

B.Internally the eligibility system will stop the order at the youngest child's eighteenth (18th) birthday. This does not affect the legality of the order.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.9 Case Assessment and Prioritization

The Office of Child Support Services has implemented a case assessment and prioritization system to manage its caseload. This system includes all cases and ensures that no service required to be provided under the State Plan has been systematically excluded.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.10 Case Closures

1.10.1Federal Regulation (Public Welfare, 45 C.F.R. § 303.11)

A.In order to be eligible for closure, a case must meet at least one (1) of the closing criteria described. Once the case becomes eligible for closure, the State’s electronic computer system automatically schedules the case to close sixty (60) days in the future and generates the closure letter to send to the custodial parent. An agent can also schedule a case for closure by entering a closure date sixty (60) days in the future. The eligibility system will automatically send the closure letter and close the case in sixty (60) days via the monthly case closure process. A case will not be closed if:

1.The custodial parent supplies information in response to the notice which could lead to the establishment of parentage, an order for support, or enforcement of an order; or

2.Contact is reestablished with a custodial parent whose whereabouts were unknown.

B.A custodial parent may request, at a later date, that her/his case be reopened if there is a change in circumstances that could lead to the establishment or enforcement of an order.

1.10.2Closing Criteria Requiring Sixty (60) Day Notice

A.A sixty (60) day closing notice will be sent to the custodial parent when a case is closed for one (1) of the following reasons:

1.There is no longer a current support order and arrearages are under five hundred dollars ($500.00) or unenforceable under State law;

2.The non-custodial parent is deceased and no further action, including a levy against the estate, can be taken. The agent shall obtain a certified copy of the death certificate and file a Motion to Dismiss;

3.Paternity cannot be established because:

a.The child is at least twenty-two (22) years old; or

b.A genetic test or a court or administrative process has excluded the alleged genetic parent.

4.The OCSS shall file a Motion to Dismiss based upon the exclusion;

5.The Office of Child Support Services has determined that it would not be in the best interest of the child to establish parentage in a case involving incest or forcible rape, or in any case where legal proceedings for adoptions are pending;

6.The identity of the biological parent is unknown and cannot be identified after diligent efforts, including at least one (1) interview by the IV-D agency with the recipient of services;

7.The non-custodial parent's location is unknown, and regular attempts have been made using multiple sources to locate the non-custodial parent over a three (3) year period, when there is sufficient information to initiate an automated locate effort, or over a one (1) year period when there is not sufficient information to initiate an automated locate effort;

8.The non-custodial parent cannot pay support for the duration of the child's minority because s/he has been institutionalized in a psychiatric facility, is incarcerated with no chance for parole, or has a medically verified permanent and total disability with no evidence of support potential. The Office of Child Support Services must also determine that no income or assets are available to the non-custodial parent that could be levied or attached for support;

9.The non-custodial parent is a citizen of, and lives in a foreign country, does not work for the Federal government or a company with headquarters or offices in the United States, and has no reachable domestic income or assets, and the State has been unable to establish reciprocity with the country.

10.In a Non-Assistance case:

a.The Office of Child Support Services is unable to contact the custodial parent within a sixty (60) calendar day period despite an attempt of at least one (1) letter sent by first (1st) class mail to the last known address, or

b.The custodial parent fails to cooperate and an action by the custodial parent is essential for the next step in providing services.

11.The OCSS documents failure by the initiating State to take an action which is essential for the next step in providing services.

12.The OCSS will close cases, codify arrears, and notify the custodial parent if her/his address is known, in cases which meet the following criteria:

a.There is no current support order,

b.The child is past the age of emancipation,

c.The location of the non-custodial parent is unknown despite repeated automated locate efforts for a period of one (1) year,

d.The arrears are unenforceable which means repeated automated administrative enforcement efforts have taken place to secure an asset or payment and such efforts have been unsuccessful,

e.Or the custodial parent cannot be located to cooperate with the case in establishing arrears.

1.10.3Closings Without Prior Notice

A.A sixty (60) day closing notice does not have to be sent if a case is closed for one (1) of the following reasons:

1.The case was opened as a non-assistance location only; or

2.The non-assistance custodial parent requests closure of a case and there is no assignment to the State of medical support or arrearages which accrued under a support order; or

3.There has been a finding of good cause, and it has been determined that support enforcement may not proceed without risk or harm to the child or caretaker relative.

B.Case Retention

The Office of Child Support Services will retain closed case records for a minimum of six (6) years after closure before purging the file.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.11 Non-Custodial Parent Location

1.11.1Location Standards

A.A non-custodial parent will be considered "located" when information regarding his/her physical whereabouts, or place(s) of employment, or other sources of income or assets have been verified, and the information is sufficient to allow the Office of Child Support Services to take the next appropriate action.

B.Within no more than seventy-five (75) calendar days of determining that location is necessary, the Office of Child Support Services will access all appropriate location sources, including transmitting appropriate cases to the Federal Parent Locator Service (FPLS) and ensuring that location information is sufficient to take the next appropriate action in a case.

C.Appropriate location sources include but are not limited to:

1.Credit Bureau;

2.The Federal Parent Locator Service (FPLS);

3.Intergovernmental location networks;

4.Relatives and friends of the non-custodial parent;

5.Current or past employers;

6.The local telephone company;

7.The U.S. Postal Service;

8.Unions and fraternal organizations;

9.Police, parole, and probation records, if appropriate;

10.State agencies and departments as authorized by State law, including those departments which maintain records of:

a.Public assistance;

b.Wages, employment, and unemployment insurance;

c.Income taxation;

d.Driver's licenses, vehicle registration; and

e.Criminal records.

1.11.2Notice Requirements

A.In cases where previous attempts to locate the non-custodial parent have failed, but for which adequate identifying and other information exists, the Office of Child Support Services will:

1.Exhaust all appropriate location resources within seventy-five (75) days of receiving new information;

2.Submit to the FPLS, at least annually, cases in which location is needed and for which a non-custodial parent's Social Security Number is known or every effort has been made to obtain it;

3.Document all location efforts including telephone contacts with the custodial parent and the non-custodial parent in the State’s electronic eligibility system;

4.Record current, verified information; and

5.Repeat location attempts in cases in which previous attempts to locate non-custodial parents or sources of income and/or assets have failed, but adequate identifying and other information exists to meet requirements for submittal for location, either quarterly or immediately upon receipt of new information which may aid in location, whichever occurs sooner.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.12 Access to Information

1.12.1Non-Custodial Parent Social Security Number (R.I. Gen. Laws § 15-22-1)

The Office of Child Support Services is authorized by R.I. Gen. Laws § 15-22-1 to have access to and to request information from various individuals and entities only for the purpose of and to the extent necessary for the administration of the Child Support Enforcement Program.

1.12.2Credit Bureau Inquiries

The Office of Child Support Services submits a monthly tape to the credit bureau for locating non-custodial parents. The credit bureau may provide information regarding the non-custodial parent residence and/or employment.

1.12.3Division of Motor Vehicles

A.The Division of Motor Vehicles can provide a non-custodial parent's Social Security Number, last reported address, and vehicle registration information. This information can be obtained either by using the non-custodial parent's Social Security Number, or name and approximate date of birth.

B.Address information obtained from the DMV driver's license records is that which is provided by the non-custodial parent, and may not be current. Therefore, the agent will verify the information with a second (2nd) source, such as a letter for location (Post Office), before taking the next action.

1.12.4Department of Labor and Training

A.Office of Child Support Services and the Department of Labor and Training (DLT) conduct a tape exchange once a month to match non-custodial parents' Social Security Numbers with DLT employment and wage information. An employer, under R.I. Gen. Laws § 15-24-5, who hires or rehires an employee on or after October 1, 1997, must report the hiring or rehiring to the National Directory of New Hires (NDNH) no later than fourteen (14) days after hire or rehire, or twice a month, if reporting electronically or magnetically. Once the Office of Child Support Services submits a non-custodial parent's Social Security Number on the tape, the Office of Child Support Services agent may look at the DLT files via the State’s electronic eligibility system’s WAGE function.

B.Information obtained from the DLT is that which is reported to the Division of Taxation by employers throughout the State.

C.Employers must report wage information by two (2) monthly transmissions, not less than twelve (12) days or more than fifteen (15) days apart.

1.12.5Requests for Information from Employers

A. The Child Support Services agent may request from any employer or any other source of income that s/he has reason to believe employs a non-custodial parent, or otherwise provides the non-custodial parent with regular periodic income, to provide information in accordance with the provisions set forth by R.I. Gen. Laws § 15-22-1.

B.If it is demonstrated that the employer conspired with the employee to avoid reporting, a five hundred dollar ($500.00) civil penalty may be assessed by the Department.

1.12.6U.S. Postal Service

The agent will send a Letter for Location (Post Office) to verify a non-custodial parent's current or forwarding address.

1.12.7Police or Criminal Records

The Child Support System electronically exchanges information with the Adult Correctional Institution (ACI) and the Bureau of Criminal Investigation (BCI).

1.12.8Office of Vital Records

The Child Support System electronically exchanges information regarding birth certificates with the Rhode Island Office of Vital Records.

1.12.9U.S. Armed Forces

A.The Child Support system electronically exchanges with the Department of Defense to locate members of the Armed Forces.

B.There is a legal procedure that must be followed to serve members of the Armed Forces and to secure a Child Support order.

1.12.10 Federal Parent Locator Service (45 C.F.R. Part 303)

A.The Federal Parent Locator Service is provided by the Office of Child Support Services (OCSS) for the purpose of locating non-custodial parents. The Federal Parent Locator Service provides information from the following:

1.Social Security Administration (SSA);

2.Internal Revenue Service (IRS);

3.Veteran's Administration (VA);

4.Department of Defense (DOD);

5.National Personnel Records Center (NPRC);

6.Selective Service System (SSS);

7.National New Hire Database; and

8.Federal Registry.

B.Restrictions

1.Only the central State Parent Locator Service (SPLS) office, or other designated Office of Child Support Services, can accept requests to query the Federal Parent Locator Service. Requests may be received only from:

a.State or local agencies seeking to collect child and spousal support obligations under the State plan, or medical support obligations if an agreement is in effect;

b.A court that has authority to issue an order against a non-custodial parent for the support and maintenance of a child, or any agency of such court;

c.The resident parent, legal guardian, attorney, or agency of a child who is not receiving aid; or

d.Authorized persons as defined in 45 C.F.R. Part 303 , if an agreement is in effect to use the FPLS in connection with parental kidnapping or child custody cases.

C.Requirements

1.All requests from the FPLS will include:

a.The non-custodial parent's name;

b.The non-custodial parent's Social Security Number, if known (before submitting a request without a Social Security Number, make every reasonable effort to obtain it);

c.Information regarding whether the non-custodial parent is, or has been, a member of the Armed Services (if known);

d.Information regarding whether the non-custodial parent is, or has ever, received any Federal compensation or benefits; and

e.Any other information prescribed by OCSS.

2.All requests to the Federal Parent Locator Service must be accompanied by a statement signed by the Director, which states that:

a.The request is being made solely to locate an individual for the purpose of establishing parentage, Child Support and Medical Support orders, and enforcing those orders, or parental kidnapping;

b.Any information obtained through Federal Parent Locator Service shall be treated as confidential as outlined in § 1.1 of this Part.

D.Submitting Requests

The State’s electronic eligibility system will automatically submit Federal Parent Locate Services (FPLS) requests every six (6) months on cases for which the non-custodial parent's Social Security Number is known and location has not been verified. To determine whether a case has been submitted to the FPLS the agent will review the case on the system. This will show the date the last query was submitted.

E.An agent may submit an FPLS request on an individual case before the end of six (6) months.

1.12.11 State Parent Locator Service

A.The Office of Child Support Services central registry acts as Rhode Island's State Parent Locator Service. The central registry will:

1.Submit location requests to other States' Parent Location Services; and

2.Provide location services for other States.

1.12.12 Directories

The Child Support agent will make use of various directories such as the Verizon telephone directory.

1.12.13 Friends and Relatives

Friends and relatives of the non-custodial parent may be contacted; however, the agent must be sure and not disclose information regarding the specifics of the child support case.

1.12.14 Division of Taxation

The OCSS agency conducts an electronic match with the Division of Taxation to intercept State tax refunds which will provide a non-custodial parent's most recent filing address.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.13 Genetic Parentage

R.I. Gen. Laws Chapter 15-8.1, Article 6 of the Uniform Parentage Act, effective January 1, 2021, sets forth the requirements to establish genetic parentage.

1.13.1Legal Basis

A.The parent of a child which is, or may be, born out of lawful wedlock is liable to the same extent as a parent of a child born of a marriage.

B.Pursuant to 42 U.S.C. § 654, a State Plan for child and spousal support must provide that such State will undertake to establish the paternity of a child with respect to whom an assignment is effective, unless the State determines it is against the best interests of the child to do so. The Office of Child Support Services may bring such an action based on the automatic assignment or application for IV-D services.

1.13.2Parentage Time Frames

A.For all cases referred, or when a non-assistance (NA) application is filed and for which parentage has not yet been established, the Office of Child Support Services must proceed expeditiously to locate the alleged genetic parent when necessary, to file for paternity establishment, and obtain a support order or to dismiss all actions against the alleged parent.

B.The processing of these cases must be done within the applicable time frames established by Federal Regulations. Generally, these time frames begin with either the referral of the case to the Office of Child Support Services or upon the location of the alleged father.

1.13.3Parentage Processing (R.I. Gen. Laws Chapter 15-8.1)

A.Pursuant to Federal Regulations, the OCSS can only proceed to establish genetic parentage or paternity under Article 6, and proceedings for acknowledgment of parentage under Article 3 of the Uniform Parentage Act.

B.Before proceeding with parentage case processing, the agency will review the case to determine:

1.Whether the necessary documentation is present, such as a birth certificate, marriage license, and/or divorce decree;

2.Sufficient information and documentation to support whether the child was born of a marriage, including same gender marriage, or out of wedlock;

3.The spouse's full name if the child was born of a marriage, including same gender marriage, or within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court;

4.Whether location is needed; or

5.Whether the case is a special situation that needs to be referred directly to the Office of Child Support Services Legal Unit after location.

1.13.4Paternity Allegations

A.A mother applying for non-assistance (NA) services for a child born out of wedlock completes a NA Child Support Application.

B.These documents require her to name the parent of the child for whom she is requesting benefits or services. The Child Support Services agent will investigate the custodial parent's allegation and obtain the most accurate information with which to proceed.

C.In cases where a legal presumption of parentage exists, the full name of the presumed parent must be determined and referred for processing.

1.13.5Presumptions of Legal Parentage

A.The agency will evaluate the information provided and obtained from the custodial parent, or a previously established case record, and determine whether parentage needs to be established, and/or whether there is a presumed parent. Currently per Federal Regulations, the OCSS may only proceed to establish paternity and may not proceed to establish parentage. A parent wishing to establish parentage would be required to retain private counsel, or represent themselves, to do so, without agency assistance to the extent parentage is otherwise needed to be established. If there is a presumed parent, the OCSS may proceed to establish a Child Support order, pursuant to R.I. Gen. Laws § 15-8.1-401.

B.Pursuant to R.I. Gen. Laws § 15-8.1-403, if there are multiple presumptions or conflicting claims the court shall adjudicate parentage as set forth in R.I. Gen. Laws § 15-8.1-206.

1.13.6Verifying Location

A.To initiate parentage establishment, a verified Rhode Island address at which the parent can be served must be provided.

B.When the non-custodial parent's verified address is out of State, a long arm parentage action, if appropriate (if the child was conceived in Rhode Island), will be filed.

1.13.7Non-Custodial Parent Receiving Benefits

Even if the non-custodial parent is receiving Supplemental Security Income (SSI), General Public Assistance (GPA), RIW or is incarcerated it will not prevent the agency from pursuing paternity establishment.

1.13.8Complaint for Paternity and Support

A.Article 6 of the Uniform Parentage Act sets forth the provisions for Genetic Parentage.

B.The applicant/recipient will sign a Complaint for Paternity and Support, which contains the custodial parent's sworn allegation of paternity.

C.All information will be verified with the custodial parent and the custodial parent's signature will be obtained during the initial interview. If the custodial parent does not sign the complaint at initial interview, she will be served by the Constable for signature.

D.Once the custodial parent is served for signature, the agent will E-File the Complaint for Parentage and Support and obtain a court date. The hearing date will be assigned by the Court.

1.13.9Locating the Parent

The non-custodial parent's Social Security Number is the single most important piece of information needed for location. With it the Child Support agent can query various location resources, and also be assured that the non-custodial parent will be included in tape matches used for location, establishment, and enforcement.

1.13.10Serving the Alleged Genetic Parent

The alleged genetic parent is served by a Constable with a copy of the Complaint for Parentage and Support, the Summons and Subpoena, which are included in the Parentage Initial Referral. In this way, he is informed of the allegation and the manner in which to respond. The alleged genetic parent is given twenty (20) calendar days from the date of successful service to respond, in writing, to the Family Court and the Office of Child Support Services. The alleged genetic parent must also appear on the scheduled court date, either in person or telephonically as required by the court.

1.13.11Alleged Genetic Parent's Response

A.The alleged genetic parent is given twenty (20) days by law to respond to the Complaint for Parentage and Support. The alleged genetic parent may respond by:

1.Admitting parentage;

2.Denying parentage; or

3.Failing to respond.

1.13.12Post Hearing Activities

A.Genetic Parent Admits Parentage

After the hearing, a court order will be prepared either dismissing the matter or adjudicating the alleged genetic parent as the legal parent of the child. If adjudicated, the order will be sent to the Office of Vital Records to amend the birth certificate of the child, adding the parent's name and information.

B.Alleged Genetic Parent Denies Parentage

When an alleged genetic parent denies parentage, an Administrative Order for genetic testing will be issued, which will be mailed to the alleged genetic parent or mailed to his attorney.

1.13.13Genetic Tests

A.In a proceeding under Article 6 of the Uniform Parentage Act, before trial, the court, upon application made by or on behalf of any party to said action, or on its own motion, shall order that the mother, child, alleged genetic parent, and any other party to the action submit to DNA tests. The Office of Child Support Services may also administratively order the parties to attend DNA testing upon receipt of a denial. A court order is not required. These tests may include, but are not limited to, DNA tests of red cell antigens, red cell isoenzyme, human leukocyte antigens, serum proteins, and genetic testing, to determine whether the alleged parent is likely to be, or is not, the parent of the child.

B.Pursuant to R.I. Gen. Laws § 15-8.1-608, an individual who declines to submit to court ordered genetic testing may be adjudicated the parent of the child.

C.Costs of genetic tests are determined pursuant to R.I. Gen. Laws § 15-8.1-609:

1.If the OCSS is providing services and requests the initial genetic testing, the costs will be paid by the OCSS. If the relationship is established, the OSCC may seek reimbursement for the cost of the genetic testing;

2.The costs will be paid by the parties or, if the parties cannot agree, shall be paid by the individual who made the request for the genetic testing;

3.The costs will be paid as ordered by the court.

4.An individual who challenges parentage shall bear the cost for any genetic testing they may request;

D.Genetic Test Results – Pursuant to R.I. Gen. Laws §§ 15-8.1-604 and 15-8.1-111 and Articles 3, 4, 5, 7 and 8:

1.An individual shall be identified as the genetic parent if the testing results in at least a ninety-nine percent (99%) probability of parentage as determined by the testing laboratory.

2.The result of genetic testing does not establish parentage absent adjudication.

3.The Court may also rely on non-genetic evidence to determine parentage, including parentage by acknowledgment, by admission, presumed parentage, de facto parentage, and parentage by intended parents.

4.An individual may rebut the genetic testing results as follows:

a.By completing other genetic testing which verify the exclusion of the individual as the genetic parent; or

b.Identifying another individual, other than the birth parent, as a possible genetic parent.

E.Report of Genetic Testing – Pursuant to R.I. Gen. Laws § 15-8.1-605

The genetic test report shall be signed by the testing laboratory, under penalty of perjury. The party in possession of these results shall provide the results to all members of the parentage action upon receipt of the results and not later than fifteen (15) days before any hearing where the results are admitted into evidence.

F.The Office of Child Support Services may also utilize its own contracted qualified expert DNA facility. When the Office of Child Support Services is involved in the case and paternity tests are required, the Office of Child Support Services will schedule the tests and pay the initial costs. If the defendant is adjudicated the father, the State will seek reimbursement.

G.Scheduling DNA Test

1.DNA testing will be scheduled for both parties and the child at the Office of Child Support Services, 77 Dorrance Street, Providence. The parties will be scheduled at different times.

2.If one (1) or both parties does not appear, the DNA test may be rescheduled. After the appointment has been rescheduled twice and the custodial parent fails to keep the appointment, a non-cooperation code will be placed on the case, which may affect benefits received.

H.Request for Admissions

1.DNA test results are returned to the Office of Child Support Services. When the test shows a ninety-nine percent (99%) match, the Office of Child Support Services may:

a.Provide those results for the assigned Court date; or

b.Send the results to the alleged genetic parent (by certified mail), or his attorney (by regular mail) along with a Request for Admissions.

1.13.14Discovery

Discovery is the tool used for information gathering in preparation for a parentage trial. The rules of discovery are found in Federal Rules of Civil Procedure, Title V, Disclosure and Discovery, Rule 26 through Rule 37 and the R.I. Family Court Rules of Domestic Relations Procedure.

1.13.15DNA Test Reveals Alleged Genetic Parent Excluded

A.When the DNA test excludes the alleged genetic parent, the agency will proceed with a Motion to Dismiss provided the excluded parent has been properly identified.

B.When the custodial parent cannot identify the alleged genetic parent during DNA testing or during a subsequent appointment viewing the lab photo, a Motion to Dismiss will be filed.

1.13.16Alleged Genetic Parent Fails to Respond

A.No Response

When an alleged genetic parent fails to respond to the Complaint for Parentage and Support (the twenty (20) day summons), and fails to appear in person or telephonically as required on the scheduled hearing date, a default judgment may be entered.

B.Establish Parentage without Cooperation

1.The agency may proceed with attempts to establish paternity when the applicant or recipient fails to cooperate without good cause.

2.Whether paternity can be established depends on the Office of Child Support Services being able to obtain sufficient information regarding the alleged genetic parent without the cooperation of the mother, and whether the alleged genetic parent admits parentage.

3.The agency may also proceed with attempts to establish paternity in situations where it is determined that good cause exists for the applicant or recipient refusing to cooperate with Office of Child Support Services. In these cases, the agency must make a determination that this activity can proceed without risk of harm to the child or caretaker relative if the enforcement activity does not involve their participation. This determination must be in writing, will contain the agency's findings and basis for determination, and will be entered into the RIW case record. If the IV-A agency excuses non-cooperation, but determines that the IV-D agency may proceed to establish parentage, it will notify the applicant or recipient to enable such individual to withdraw his/her application for assistance or have the RIW case closed. Prior to making this determination, the Office of Child Support Services will be afforded an opportunity to review and comment on the findings and basis for the proposed determination.

1.13.17Special Parentage Issues

A.Not all parentage cases will involve the child's mother as the custodial parent or the child's alleged genetic parent. There will be cases where the child is living with a relative (Loco Parentis cases) or with the alleged genetic parent. In these cases, parentage can still be established; however, procedures will differ from the cases previously discussed. In cases with same gender parents, whether unmarried or married, the OCSS will secure a copy of the parentage/birth order and/or the Voluntary Acknowledgment of Parentage and proceed directly to establish a Child Support order.

B.Loco Parentis Cases

In Loco Parentis cases, the applicant or recipient will make an assignment regarding both the alleged genetic parent and the child's mother. The complaint may be brought by the Office of Child Support Services pursuant to R.I. Gen. Laws § 15-8.1-104. However, the complaint must be accompanied by an affidavit of the parent whose rights have been assigned. In cases where the assignor is not the genetic parent, or is a genetic parent who refuses to provide an affidavit, the affidavit may be submitted by the Office of Child Support Services, but the affidavit alone shall not support a default judgment. The procedures followed by the OCSS will depend on the information obtained, and how cooperative the child's mother and the alleged genetic parent are. The case record must indicate whether the child was born of a marriage or out of wedlock.

C.Alleged Genetic Parent Seeks Parentage Establishment

The Office of Child Support Services will establish parentage upon the request of an alleged genetic parent. An alleged genetic parent does not have to have custody of the child nor receive assistance for such services to be provided. However, the case must be a case where the custodial parent is receiving services.

D.Custodial Parent Seeks Establishment

1.The Office of Child Support Services will seek to establish parentage when an alleged genetic parent is the custodial parent and applies for RIW, MA, or NA services.

2.If the mother and the alleged genetic parent appear for the appointment, the agency will:

a.Determine if there is an existing case, i.e., if the mother was previously on RIW and named the custodial parent as the alleged parent; provide the Rights and Responsibilities statement to them, either explain the statement or have them watch the Power of Two video before completing and signing the Voluntary Acknowledgment of Parentage.

b.Obtain the alleged genetic parent's and mother’s signature on the affidavit.

c.Notify the RIW agency of the completed action via electronic mail. Provide a copy of the completed and executed Voluntary Acknowledgment of Parentage to the alleged genetic parent and also forward a copy to the eligibility technician in the appropriate public assistance office. This will enable the custodial parent to obtain RIW immediately.

d.File the Voluntary Acknowledgment of Parentage with the Office of Vital Records.

e.If the alleged genetic parent appears for the appointment alone, a Petition for Voluntary Acknowledgment will be generated and his signature obtained the location of the mother will be ascertained and the petition will be E-Filed and served with a Summons to Appear in court. There is no jury trial available for an action to determine parentage.

3.At the hearing before the Judge or Magistrate:

a.The alleged genetic parent will acknowledge parentage on the record. If the natural mother is present and does not object, the court will adjudicate him to be the parent of the child and order that his name be added to the birth certificate. An order will be prepared and mailed or hand delivered at court to both parties.

b.The Office of Vital Records will be ordered to add the parent's name to the child's birth certificate. The court may order the Office of Vital Records to change the child's surname to that of the parent as well. The parties must disclose their Social Security Numbers to the Court.

c.If at the hearing, the natural mother and presumed parent fail to appear after being duly served, the court may pass the matter.

d.If on the hearing date, the Office of Child Support Services Attorney indicates that after due and diligent efforts, service could not be perfected either on the natural mother or presumed parent, the court shall order alternative service of notice, i.e., notice by publication, if applicable. A continuance date will be requested affording sufficient time for notice of the acknowledgment to be given to the natural mother. On the continuance date, the Office of Child Support Services Attorney will present to the court what efforts have been made to serve the respondent, and present copies of the notice by publication. The petitioner will acknowledge parentage on the record. The court will then adjudicate the petitioner the parent of the child and order that the birth certificate be amended accordingly. A copy of the order will be mailed to the natural mother.

e.At the hearing on the Petition for Voluntary Acknowledgment, if the natural mother objects, DNA testing may be ordered. The case may then proceed as previously outlined in a contested posture.

f.Subsequent to the hearing, a copy of the order will be prepared and provided to the RIW agency.

g.If the petitioner fails to appear, the proceedings will be terminated and notice will be given to the IV-A eligibility technician of petitioner's failure to cooperate.

E.Non-Custodial Parent Seeks Establishment

When a non-custodial parent requests voluntary parentage establishment, the same procedure as outlined above will be followed. However, if the natural mother is receiving RIW or seeks support as a NA custodial parent, the non-custodial parent will be asked to enter his appearance as a self-represented litigant, and an order for support and medical coverage will be entered.

F.If the non-custodial parent is seeking to establish parentage by DNA testing, he may ask the agent to serve him as a Defendant or he may file an action as a Plaintiff with the Family Court Clerk. If the custodial parent has named him as the biological parent, the agent may serve him as a Defendant. If not, he may file as a Plaintiff with the court.

1.13.18Voluntary Acknowledgment of Parentage

A.The procedures for Voluntary Acknowledgment of Parentage are fully set forth in Article 3 of the Uniform Parentage Act with an effective date of January 1, 2021.

B.Hospital Program

1.Under R.I. Gen. Laws § 40-6-21.1, all public and private birthing hospitals in this State are required to participate in a hospital based Parentage Acknowledgment Program. The title "birthing hospital" means a hospital that has a licensed obstetric care unit or is licensed to provide obstetric services, or a licensed birthing center associated with a hospital. A birthing center is a facility outside a hospital that provides maternity services. The requirements for a voluntary acknowledgment of parentage are set forth in Article 4 of the Uniform Parentage Act. The hospital based program must provide to both parents, whether same or different gender parents and whether unmarried or married, the following:

a.Written materials about parentage establishment, including a notice of Rights and Responsibilities of acknowledging parentage;

b.A Voluntary Acknowledgment of Parentage to be signed by both parties;

c.The opportunity to speak with staff, either by telephone or in person, who are trained to clarify information and answer questions about parentage establishment;

d.The opportunity to review the pamphlets prepared by the OCSS; and

e.Hospital Staff must offer all parties an opportunity to complete an Acknowledgment of Parentage form, whether the child was born of a marriage and the presumption applies, whether it is same gender married or unmarried couple or whether the parties have a Family Court or Superior Court Order. The parties must be provided an opportunity to obtain a certified copy of the Voluntary Acknowledgment of Parentage, in addition to the birth certificate at the Office of Vital Records. Applicable fees apply.

2.The birthing hospital staff will be responsible for electronically forwarding completed acknowledgments or copies to the Rhode Island Department of Health, Office of Vital Records. Both parents must sign the Voluntary Acknowledgment of Parentage and have the signatures notarized.

3.Voluntary acknowledgments made through a voluntary acknowledgment program are a basis for seeking a support order without requiring any further proceedings to establish parentage. A valid Acknowledgment of Parentage filed with the Office of Vital Records is equivalent to an adjudication of parentage and confers upon an acknowledged parent all of the rights and responsibilities of a parent. Judicial or administrative ratification is neither permitted nor required. This process may also be followed at the Office of Vital Records.

4.Rescission – The provisions to rescind a Voluntary Acknowledgment of Parentage are set forth in Article 3. A court proceeding must be commenced before the earlier of sixty (60) days after the effective date of the acknowledgment or the date of the first court hearing before a court to adjudicate an issue relating to the child including a child support proceeding. All interested parties must be notified of the hearing. After the period for rescission has expired, a signatory can commence a proceeding only on the basis of fraud, duress, coercion, threat of harm or material mistake of fact and only within two (2) years after the acknowledgment is effective.

5.The OCSS will provide supplies and manuals to the birthing hospital and the Office of Vital Records on an ongoing basis.

6.The requirement for participation in the programs by hospitals is in addition to the birth registration requirements under R.I. Gen. Laws Chapter 23-3.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.14 Limitation on Recovery

Limitations on recovery shall be administered in accordance with R.I. Gen. Laws §§ 15-8.1-101 through 15.8.1-1004.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.15 Jurisdiction and Remedies

1.15.1Jurisdiction of Rhode Island Courts

A.Every foreign corporation, every individual not a resident of this State or his executor or administrator, and every partnership or association, composed of any person or persons, not such residents, that shall have the necessary minimum contacts with the State of Rhode Island, shall be subject to the jurisdiction of the State of Rhode Island, and the courts of this State shall hold such foreign corporations and such nonresident individuals or their executors or administrators, and such partnerships or associations amenable to suit in Rhode Island in every case not contrary to the provisions of the constitution or laws of the United States.

B.Service of process may be made on any such foreign corporation, nonresident individual or his executor or administrator, and such partnership or association within or without the State in the manner provided by any applicable procedural Rule or in the manner prescribed by order of the court in which such action is brought.

C.Nothing herein shall limit or affect the right to serve process upon such nonresident individual or his executor or administrator, or such partnership or association, or a foreign corporation within this State or without this State in any manner now or hereafter permitted by law.

1.15.2Adjudication of Parentage of Alleged Genetic Parent

R.I. Gen. Laws § 15-8.1-608 set forth under what circumstances the Court may adjudicate parentage of the alleged genetic parent. This section addresses failure to answer the complaint, admissions of parentage, and addresses when the alleged genetic parent declines to submit to testing in which case the court may adjudicate the alleged genetic parent If genetic testing results identify an individual as the genetic parent (ninety-nine percent (99%) probability) and the only other individual with a claim to parentage is the birth parent the court shall find the individual to be the genetic parent.

1.15.3Civil Action

The Office of Child Support Services is authorized to issue subpoenas as appropriate to individuals or entities to secure financial and other information relating to the non-custodial parent for the purpose of and to the extent necessary for the administration of the Child Support Enforcement Program. An individual or entity that fails to reply to an administrative subpoena shall be liable for a civil penalty of one hundred dollars ($100.00) for the violation and shall be required to provide the information and/or comply with the request.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.16 Voluntary Acknowledgment of Parentage Program

A.The Office of Child Support Services, in conjunction with the Department of Health, Office of Vital Records, has a Voluntary Acknowledgment Program in the birthing hospitals in Rhode Island. Medical Records staff has been trained to answer questions and complete the Voluntary Affidavit of Parentage form. Pamphlets are distributed with answers to commonly asked questions by the parents. A Notice of Rights and Responsibilities is also provided to the parents. Anyone may sign the Voluntary Acknowledgment of Parentage form whether the parents are same gender or not and whether the parents are married or not. By signing the affidavit, the parent is acknowledging s/he is the parent of that child and responsible to financially support that child until the child is emancipated. The parent has sixty (60) days to rescind the acknowledgment by filing a Motion to Rescind in Rhode Island Family Court or addressing the issue within the context of a Family Court hearing involving the parties, whichever is earlier. Upon the expiration of the sixty (60) day period following the Voluntary Acknowledgment of Parentage, it is presumed that s/he is the parent of the child. The parent's name will be added to the child's birth certificate along with other identifying information. At that time, the child's last name can be chosen.

B.If the parents do not complete the Voluntary Acknowledgment of Parentage at the hospital, they can make an appointment at the Office of Vital Records or at the Office of Child Support Services to view the videotape, read the pamphlets, review the Rights and Responsibilities Statement and sign the Voluntary Acknowledgment of Parentage. The child's last name cannot be changed unless the Court orders the Rhode Island Department of Health, Office of Vital Records to amend the birth certificate. In the alternative, the parties may file a Petition to Voluntarily Acknowledge with the Rhode Island Family Court.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.17 Support Order Establishment

1.17.1Payment of Support to Custodial Agency

The Department for Children Youth and Families will determine which cases are appropriate for referral to the OCSS. The policy for such determination has been published and is available in the Department for Children Youth and Families Policy Manual.

1.17.2Name Children Receiving Public Assistance

The party commencing an action seeking a divorce from the bond of marriage or divorce from bed and board or an order pursuant to R.I. Gen. Laws § 15-5-9, shall at the time the proceeding is begun append to the petition a statement containing the names of all children of the marriage and their ages and stating whether any such children are at that time recipients of, or applicants for, public assistance.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.18 Child Support

The Office of Child Support Services pursues any support award in accordance with the provisions of R.I. Gen. Laws §§ 15-9-1 and 15-5-16.2.

1.18.1Reconsideration of Support Orders

A.Every order heretofore or hereafter entered by the Rhode Island Family Court providing for support of a child who at the time of entry of the order was not a recipient of, or applicant for, public assistance shall, in the event the child becomes the recipient of public assistance, be reconsidered "de novo" upon the petition of a parent or guardian of the child or the Department of Human Services.

B.Upon the filing of such petition, the court shall hold a hearing for the purpose of determining the amount of support to which the child is entitled from the appropriate parent. In fixing the amount of support the court shall take into account the factors set forth in R.I. Gen. Laws § 15-5-16.

1.18.2Set Support for Public Assistance Children

A.If the statement appended to the petition indicates that any child of the marriage is a recipient of, or applicant for, public assistance, a hearing shall be held as promptly as possible to determine the amount of support to which each such child is entitled from the appropriate parent. The Office of Child Support Services shall be given notice of the hearing and shall appear there for the purpose of assisting the court in fixing the amount of support. In the absence of the consent of the parties and agreement of the Office of Child Support Services, the court shall not enter an order providing support without conducting a hearing. In fixing the amount of support that the parent shall be ordered to pay, the court shall apply the child support guidelines and take into account the following factors:

1.All earnings, income and resources of the parent including real and personal property;

2.The earnings potential of the parent;

3.The reasonable necessities of the parent;

4.The needs of the child for whom support is sought;

5.The existence and needs of other dependents of the parent;

6.Any other factors which bear upon the needs of the child and the ability of the parent to provide financial support of those needs.

B.For purposes of the guideline calculation, the income attributable to the RIW recipient is zero dollars ($0.00).

1.18.3Child Support Guidelines

A.The amount of the Child Support obligation is determined by using the Child Support guidelines formula and guidelines adopted by an administrative order of the Rhode Island Family Court. The guidelines are used to determine the required monthly support obligation.

B.The Child Support guidelines formula takes into account all earnings, income and resources of both parties, including real and personal property, the earnings potential of the parties, the mandatory deductions such as pre-existing child support orders, additional dependent children, the cost of medical premiums paid or cash medical ordered, optional deductions such as those specified on the guideline worksheet, and other reasonable criteria which the State may choose to incorporate.

C.At a minimum, the formula must ensure that the child for whom support is sought benefits from the income and resources of both parties and that the child enjoys the standard of living s/he would have enjoyed if the family was intact.

1.18.4Medical Support

A.Any new or modified order for child support issued by the Rhode Island Family Court shall contain a provision requiring either or both parents owing a duty of support to the child to obtain or maintain health insurance coverage for the child when such coverage is available through their employment at no cost or at a reasonable cost. If the child is receiving medical assistance in the form of RIte Care, RIte Share or fee for service benefits from the State of Rhode Island or other type of medical assistance, the Office of Child Support Services must pursue the non-custodial parent for private medical coverage for the child if it is provided as part of his or her employment at no cost or at reasonable cost. Reasonable cost means that the coverage for the minor child is less than, or equal to five percent (5%) of his or her gross income per month. If health insurance is not currently available at a reasonable cost, either or both of the parents will be ordered to enroll the child(ren) covered by the order when it does become available at a reasonable cost. The court may also order that the non-custodial parent pay five percent (5%) of his or her income, in addition to the child support monthly order. This would be taken directly from the employee's income to the Rhode Island Family Court. A custodial parent providing private medical coverage through his or her employer would receive the weekly cash contribution toward medical coverage if the court so ordered.

B.Health insurance includes fee for service, health maintenance organization, preferred provider organization and other types of coverage under which medical services could be provided to the dependent child(ren) by either or both parents.

C.Applicants for IV-D services will be provided with the same establishment and enforcement techniques that are available to cases with assigned support rights. The Office of Child Support Services will inform any IV-D applicant of the availability of medical support enforcement services. Upon an appropriate referral by the Medicaid agency, the Office of Child Support Services must also provide to any Medical Assistance Only (MAO) recipient the same range of services provided to RIW cases unless the MAO recipient informs the Office of Child Support Services in writing that s/he does not wish any services beyond those the Office of Child Support Services is required to provide for medical support. The Office of Child Support Services must provide these services to MAO recipients who have been referred by the Medicaid agency and have assigned their rights to medical support without an application or a fee.

D.Any information the Office of Child Support Services obtains about health insurance coverage will be provided to the custodial parent. In cases where the child(ren) are receiving Medical Assistance, any information about health insurance coverage will also be provided to the Medical Assistance agency. This would include the policy name and number, and the child(ren)'s name(s) and Social Security Number(s).

1.18.5Employer Medical Notices

A.The National Medical Notice is issued to an employer by regular mail or electronic notice. The medical notice shall instruct the employer which health care plans the child(ren) shall be enrolled and include all identifying information of the child support case. The employer must respond within twenty (20) business days after the date of the medical notice indicating:

1.That the employer does not maintain or contribute to plans providing dependent or family care coverage;

2.That health care is not available because the employee is no longer employed; or

3.That the State or Federal withholding limitations and/or prioritization prevent the withholding from employee's income of the amount required to obtain coverage.

B.If family health care is available, the employer is required to transfer the appropriate part of the medical notice to the Plan Administrator of each appropriate group health care plan for which the children may be eligible. The Plan Administrator must provide health care coverage of the child(ren) under the group health plan described in the medical notice within forty (40) business days of the date of notice. Upon notification from the Plan Administrator that the children are enrolled, the employer must either:

1.Withhold from the employee's income any contributions required and transfer the contribution to the Plan's Administrator; or

2.Complete the appropriate employee response portion of the notice and advise the Office of Child Support Services that enrollment cannot be completed because of prioritization or limitations on additional withholding income.

C.Coverage of a dependent child shall continue until the child is no longer a dependent. The employer must continue to withhold employee contributions and may not discontinue or eliminate health care coverage for the children unless the employer is provided satisfactory evidence that:

1.The court or administrative Child Support order is no longer in effect; or

2.The children are or will be enrolled in comparable health care coverage, which will take effect no longer than the effective date of disenrollment from the plan; or

3.The employer eliminates family health care coverage for all of its employees.

D.In any case in which employment terminates, the employer must promptly notify the Office of Child Support Services of the termination within ten (10) days.

1.18.6Establishing the Order

A.The Office of Child Support Services will pursue a support order either by first serving the Complaint for Parentage and Support, or filing a Complaint or Motion for Support. The Office of Child Support Services agent will:

1.Generate a Complaint for Parentage and Support or Support alone, when there is no domestic relations case found in the Family Court Domestic Index, or there is no reciprocal case pending and involving the same parties (Rhode Island Divorce Filings);

2.Generate a Motion for Support if not automated, when

a.There is an existing domestic support order and the custodial parent receives RIW;

b.When there is an existing domestic case pending and no support order has been entered; and

c.When there is an existing reciprocal case pending and the custodial parent reopens his/her RIW case.

1.18.7Complaint for Support

A.When it has been determined that a support motion is needed, the child support agent will generate the appropriate motion and E-File the motion to obtain a hearing date from the family court. Upon receipt of a court date, the agency may employ mail notice which would be generated in the first (1st) instance, followed by service by constable with a witness subpoena and summons. However, the agency may choose to bypass the mail notice and proceed directly to constable service at any time.

B.If a summons and subpoena are generated, the Constable has three (3) weeks in which to obtain successful service.

C.If the parties do not appear at court after receiving the support packet by mail, the constable will serve the packet.

1.18.8The Non-Custodial Parent is Successfully Served

A.Per Court Rule, OCSS is permitted to serve the parties by regular mail in the first (1st) instance. If the parties appear voluntarily in response to the mail notice, and enter their appearance as a self-represented litigant, the case may proceed on the scheduled hearing date and time. If the parties do not appear, or one (1) party does not appear, the pleadings will then be served by constable for a new date.

B.When successful service is obtained:

1.The original witness subpoena and summons are E-Filed with the Rhode Island Family Court;

2.The case is then sent to the Rhode Island Family Court for the Child Support Attorney with all appropriate forms.

1.18.9Non-Custodial Parent Cannot be Served

When the non-custodial parent cannot be served, the agency will attempt to locate the non-custodial parent at a verified address and start the process again.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.19 Wage Withholding

A.Immediate withholding is required for all cases whether or not the cases are IV-D cases, with new or modified orders on the effective date of the order unless one (1) of the parties demonstrates, and the court or other administrative process finds good cause not to require the withholding, or a written agreement is reached between both parties which provides for an alternative arrangement.

B.Electronic Income Withholding (EIWO) allows an employer to register on the Federal portal in order to receive income withholding orders electronically rather than by mail. If an employer registers for one (1) State that constitutes an acquiescence to participate for all States.

1.19.1Option to Elect Direct Deposits/Kids Card

A.A custodial parent who will be receiving child support payments through the State Disbursement Unit (SDU), must choose to receive these payments via direct deposit into his or her checking or savings account, or automatic deposit to an electronic debit card (electronic transfer of funds to an ATM card) called a "Kids Card."

B.With Direct Deposit, the payment will be electronically deposited directly into a custodial parent's designated checking or savings account. To receive direct deposit, the custodial parent must provide their checking or savings account information on the election form so that the designated bank can establish the process.

C.The custodial parent must make a direct deposit election or the payments will be remitted to the Kids Card.

1.For non-public assistance cases, the custodial parent must make a payment election on the forms provided with the application packet.

2.For public assistance cases, the custodial parent must make a payment election within ten (10) business days of issuance of the welcome letter.

D.Pursuant to Federal Regulations, the Office of Child Support Services must remit payment to the custodial parent within two (2) business days of receipt of payment barring any legal requirements to hold said payments. The two (2) day requirement will be met using the Kids Card unless direct deposit has already been established. However, at any time thereafter, the custodial parent may complete a direct deposit form.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.20 Enforcement Standards

A.The Office of Child Support Services will electronically monitor all IV-D cases for compliance with child support obligations. Parents must comply with all Child Support orders and Medical Support orders. The Office of Child Support Services will take all appropriate enforcement actions to enforce the requirements of the orders. Noncompliance may result in, but not be limited to:

1.Administrative Income Withholding;

2.Administrative lien and levy on bank accounts;

3.Administrative offset;

4.Contempt proceedings;

5.Federal and State income tax refund intercepts;

6.Credit Bureau Reporting;

7.Referral to the Rhode Island Attorney General's Office (see felony penalties below);

8.New Hire Reporting;

9.Insurance intercept; and/or

10.Passport denial.

B.For those non-custodial parents who are more than ninety (90) days in arrears, enforcement may include:

1.Revocation;

2.Suspension or the prevention of the re-issuance or renewal of the non-custodial parent's license to operate a motor vehicle or register a motor vehicle; and/or

3.Suspension or the prevention of the re-issuance or renewal of the non-custodial parent’s certification, registration, permit, approval, or other similar document to engage in a profession, occupation, business, or industry.

C.For non-custodial parents whose arrears are in excess of five hundred dollars ($500.00), enforcement may include:

1.Setoff of certain lottery winnings and proceeds of insurance settlements to pay support arrears; and

2.Prevention of the issuance, re-issuance, or renewal of the non-custodial parent's license to operate a motor vehicle and/or the registration or renewal of registration of the non-custodial parent's motor vehicle.

D.In addition to the enforcement actions described above, the Office of Child Support Services may refer delinquent child support payers to the Rhode Island Attorney General's office for prosecution when it is determined that circumstances are appropriate.

E.In any case involving non-support of a child pending before Rhode Island Family Court or any other tribunal or agency of competent jurisdiction, any person committing perjury or false swearing shall be guilty of a felony and shall be imprisoned for a term not to exceed twenty (20) years.

F.The case may also be referred to the United States Attorney's Office, if the non-custodial parent resides in another State and the arrears is over ten thousand dollars ($10,000.00). Other elements of the felony include proof of ability to earn and willful failure to pay.

G.Initiating Enforcement

1.The eligibility system is programmed to initiate enforcement action at certain thresholds in an automated fashion. The custodial parent need not call and request enforcement action be taken.

2.Enforcement actions are automated and are taken simultaneously.

1.20.1Administrative Income Withholding

A.Pursuant to Federal Regulations and State law, the State must ensure that in the case of each non-custodial parent to whom a support order is or has been issued or modified in the State, and is being enforced under the State Plan, so much of his or her wages must be withheld to comply with the order. In addition to the amount to be withheld to pay the current month's obligations, the amount to be withheld must include a ten percent (10%) tack on amount to be applied toward liquidation of overdue support.

B.Implementation

The State must take steps to implement the withholding and to send the advance notice required on the earliest of:

1.The date on which the parent fails to make payments in full, within fourteen (14) days of the due date;

2.The date the non-custodial parent requests that withholding begin;

3.The date on which the custodial parent requests that withholding begin in accordance with the standards and procedures the State may establish (A custodial parent could request withholding if a non-custodial parent is not meeting the terms of the written agreement for an alternative arrangement.); or

4.The date on which the Office of Child Support Services becomes aware that third (3rd) party payments to a non-custodial parent for the costs of health services were not used for reimbursement to either the other parent, or guardian of the child or the provider of the services or the Department of Human Services.

C.Direct Wage Withholding

1.On behalf of any custodial parent for whom the department is already providing services, or on application of a resident of this State who is a custodial parent or non-custodial parent of a support order issued by this State, or of an agency to whom the custodial parent has assigned support rights, the department may issue a wage withholding order to an employer in another State. Pursuant to UIFSA the employer must honor the wage withholding order issued by Rhode Island.

2.Remedies Additional

The income withholding remedy herein provided is in addition to, and not in substitution for, any other remedy otherwise available to enforcement support orders issued in this State or in another jurisdiction. Relief under R.I. Gen. Laws Chapter 15-16 shall not be denied, delayed or otherwise affected because of the availability of other remedies, nor shall relief under any other statute be delayed or denied because of the availability of this remedy.

3.Income Withholding Agency

In accordance with R.I. Gen. Laws Chapter 15-16, the Department of Human Services is hereby designated as the State income withholding agency and shall have all powers, duties and responsibilities to establish and administer income withholding, and is further authorized and directed to promulgate Rules and Regulations it deems necessary to implement the provisions and purposes of this law, provided, however, that any Rule or Regulation affecting the duties and responsibilities of the Family Court shall be made with the concurrence of the chief judge of the Family Court.

4.Withholding as an Enforcement Remedy

The income withholding remedy herein provided is in addition to, and not in substitution for, any other remedy otherwise available to enforcing a support order or a medical Child Support order issued in this State or in another jurisdiction. Relief under R.I. Gen. Laws Chapter 15-16 shall not be denied, delayed or otherwise affected because of the availability of other remedies, nor shall relief under any other statute be delayed or denied because of the availability of this remedy.

5.Withholding Amounts

a.The Office of Child Support Services will ensure that in each court ordered case an amount must be withheld from the non-custodial parent's wages as is necessary to comply with the order. Payments must include the current support payment and a payment that is equal to ten percent (10%) of the current support amount as payment on any past-due support.

b.Upon petition by a non-custodial parent, the court in its discretion, may reduce the amount required to be withheld in liquidation of support arrearage to a nominal or token amount, if the court finds that such additional withholding would work an undue hardship on the non-custodial parent.

c.In the event there are two (2) or more income withholding orders against the same income of a non-custodial parent, the department will allocate and distribute the amount remitted by the withholding agent between or among the separate income withholding orders giving priority to current support obligations as follows:

(1)Each custodial parent shall be allocated an amount in the proportion that each custodial parent's current support order under income withholding bears relative to the total of all amounts for current support under income withholding orders for that non-custodial parent;

(2)Any remaining withheld income shall be allocated to each custodial parent in an amount proportional to which each custodial parent's arrearage order under income withholding bears relative to the total of all amounts ordered to be paid on arrearages under income withholding orders.

d.Regardless of the amount of the order or orders, and amounts payable on arrears, the total amount withheld under income withholding provisions cannot exceed the maximum amount permitted under § 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b)). The Act limits the withholding to fifty percent (50%) of disposable income if the earner is supporting another dependent and sixty percent (60%) for an earner with no dependents. The percentages increase to fifty-five percent (55%) and sixty-five percent (65%) if the amount in arrears has been delinquent for twelve (12) or more weeks.

6.Employment Changes

a.The non-custodial parent is responsible for promptly notifying a new employer of his/her Child Support and/or Medical Support order(s). The non-custodial parent must also promptly notify the Office of Child Support Services of his/her change in employment so that the Office of Child Support Services can transfer the assignment, garnishment, or order for child support and/or health insurance to the subsequent employer.

b.Pursuant to R.I. Gen. Laws § 15-20-3, failure of a non-custodial parent to make either of these notifications shall be a misdemeanor and shall be punishable by imprisonment for a term not exceeding one (1) year, or by a fine of not more than one thousand dollars ($1,000.00), or both, to OCSS.

c.Through interface with the Department of Labor and Training and as a result of information from New Hire reporting, the eligibility system is updated electronically and a new wage withholding is generated to the new employer or to the DLT for unemployment benefits, worker's compensation or TDI benefits.

7.Employer Fails to Submit Payment

If the employer fails to submit a payment, OCSS will initiate an investigation which may result in serving the employer return receipt requested. Continued failure to submit payment may result in Contempt Action.

8.Termination of an Income Withholding

a.An income withholding order will remain in full force and effect until modified or revoked by the Family Court. Such order may be modified or revoked by the Court upon application and for good cause shown, or when the Child Support order has been suspended and all arrearages are paid in full.

b.When appropriate, the Office of Child Support Services will promptly request Family Court to terminate a withholding order and refund to the non-custodial parent any amount which may have been improperly withheld subject to the recoupment policy.

9.Contesting the Income Withholding

a.A non-custodial parent may contest the proposed withholding but only on the basis of a mistake of fact. Mistakes of fact are limited to:

(1)An error in the amount of current support;

(2)Mistaken identity;

(3)An error in the amount of income to be withheld in payment of current support; and/or

(4)The amount to be withheld exceeds the maximum amount permitted under § 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b)).

b.A non-custodial parent may contest an income withholding by filing or mailing a written statement to the Office of Child Support Services within ten (10) days of receipt. The non-custodial parent's request must specify the mistake(s) of fact claimed.

1.20.2Contempt Processing

A.In a contempt action, the non-custodial parent is brought to court to show why the court order has not been obeyed. A Contempt Action is filed only after all other administrative enforcement measures are undertaken and are unsuccessful, and will only be filed when four (4) months’ worth of arrears are due and owed. The court may:

1.Find the non-custodial parent in willful contempt and sentence him/her to prison until all or a part of the arrearage is paid;

2.Set an arrearage amount and enter an arrears order;

3.Order an income withholding;

4.Place a lien against the non-custodial parent's personal or real property;

5.Require the non-custodial parent to post a security or bond; or

6.Order any other action necessary to enforce the order.

B.Contempt actions may be filed when the arrears due and owing are equivalent to four (4) months’ worth of arrears.

1.20.3Felony Penalties

A.Every person who is obligated to pay child support pursuant to an order or decree established by or registered with Rhode Island Family Court pursuant to R.I. Gen. Laws Chapter 15-11, who has:

1.Incurred arrearage of past due child support in the amount of ten thousand dollars ($10,000.00), and who shall willfully thereafter, having the means to do so, fail to pay one (1) or more installments of child support in an amount previously set by the court, according to the terms previously set by the court, shall be guilty of a felony for each instance of failure to make such subsequent payments and upon conviction be punished by imprisonment for a period not to exceed five (5) years; or

2.Who have willfully for a period of three (3) years, failed to pay any installments of child support in an amount previously set by the court, according to the terms previously set by the court, and who shall thereafter, having the means to do so, fail to pay one (1) or more installments of child support in an amount previously set by the court, according to the terms previously set by the court, shall be guilty of a felony for each instance of failure to make such subsequent payments and upon conviction be punished by imprisonment for a period not to exceed five (5) years.

B.In any pursuit of a felony conviction, the Office of Child Support Services will develop case prosecution in conjunction with the Department of the Attorney General.

1.20.4Administrative Liens

A.Pursuant to R.I. Gen. Laws § 15-21-2, any Child Support order which is enforceable by the Office of Child Support Services in accordance with Title IV-D of the Social Security Act and which is unpaid in whole or in part shall, as of the date on which it was due, be a lien in favor of the custodial parent or assignee in an amount sufficient to satisfy unpaid child support whether the order is for ongoing support or is an arrears order.

B.A lien produced by another jurisdiction, in accordance with the provisions of R.I. Gen. Laws § 15-21-11, shall be accorded full faith and credit without the requirement of a hearing.

C.Notice of Intent to Lien

If the property subject to the lien is real property or personal property, the title to which is maintained as a public record, the agency may record a copy of the Notice of Intent to Lien with the office of the Recorder of Deeds, the registry of motor vehicles, or other place where the title to the property is recorded. Any person taking title to such property subsequent to such recording does so subject to the interest of the agency as it may be determined. Said Notice of Intent shall be recorded no more than ten (10) days prior to the mailing of the Notice of Intent to the non-custodial parent.

D.Notice of Intent to Lien to Non-Custodial Parent

1.The Office of Child Support Services shall send a written Notice of Intent to Lien to the non-custodial parent if his address is known to the Office of Child Support Services.

2.This notice, sent by first class mail, will specify:

a.The amount unpaid as of the date of the notice or other specific date;

b.The non-custodial parent's right to request a hearing by filing a written request with the Office of Child Support Services within thirty (30) days of the date of the notice. If a hearing is requested in a timely manner, all lien enforcement action will cease until a hearing decision is rendered;

c.Identification of the property, real or personal, which is subject to the lien.

3.If the property subject to the lien is a matter of public record, the Office of Child Support Services may record a copy of the Notice of Intent to Lien in the appropriate public record. This Notice of Intent to Lien must be recorded no more than ten (10) days prior to the mailing of the Notice to the non-custodial parent.

E.Notice of Intent to Lien to Custodial Parent

1.If a lien is to be placed on property jointly held with a custodial parent, the custodial parent must be sent notice of the Office of Child Support Service's Intent to Lien. This Notice will also inform the custodial parent of the right to an administrative hearing with the Office of Child Support Services to contest the scope of the property interests of the lien and/or the right to a judicial review in the Rhode Island Family Court.

2.Service of this notice may be made by first class mail or as specified in the Family Court Rules of Domestic Relations Procedure.

F.The Office of Child Support Services engages in actions consistent with lien provisions regarding real and personal property in accordance with R.I. Gen. Laws §§ 15-21-3 and 15-21-4.

G.Lien Foreclosure – Real Property

1.If the non-custodial parent shall default in the payment of any child support obligation, or if the Office of Child Support Services has perfected a lien on real property as outlined above, then the Office of Child Support Services may sell the real property of any defaulting non-custodial parent at public auction after proper notification has been made. Proper notification consists of the following:

a.Written notice by certified mail, return receipt requested, to the non-custodial parent's last known address. This must be sent at least twenty (20) days prior to the publication of any public notice.

b.Public notice published at least once a week for three (3) consecutive weeks in a newspaper published daily in the city or town where the property is located. If there is no public, daily newspaper published in the city or town where the property is located, the public notice will be published according to the mandates of R.I. Gen. Laws § 15-21-7.

c.Written notice by certified mail, return receipt requested, to any person or entity having an interest of record in the real property. This must be sent no later than thirty (30) days prior to the date originally scheduled for the sale of the property.

d.Written notice to other such parties as are designated in R.I. Gen. Laws § 15-21-7 and in accordance with the notification requirements specified therein.

2.Any foreclosure sale held as outlined above, and the title conveyed to any purchaser or purchasers pursuant to such sale, shall be subject to any lien or encumbrance entitled to a priority over the lien of the Office of Child Support Services.

H.Court-Ordered Liens

1.When Rhode Island Family Court orders a lien placed on real or personal property, a certified copy of any judgement or order containing specific language relative to a restraining order or lien on real estate may be recorded with the Recorder of Deeds in the city or town where the property is located.

2.The certificate of the custodial parent, or his or her attorney duly signed and notarized, or a certified copy of a judgement or order of the Family Court which contains a provision that all arrearages have been paid in full shall, when recorded, be a discharge in full of said lien.

3.If any child support provided in a judgement or order has been directed to be paid to the clerk of the court, or to any other office designated by the court, pursuant to any other provision of law, and such directive is set forth in the copy of the docketed judgement or order, or in the docket or certified copy of an amended or supplemental order, such certificate shall not affect the lien unless also approved in writing by such clerk or other designated officer.

4.A lien under this section shall not be dischargeable in bankruptcy.

I.Filing of Court-Ordered Lien

1.The Child Support Administrative Office will be notified when the court has ordered a lien placed against a non-custodial parent's property.

2.Agents should:

a.Contact the city or town hall where the property is located to obtain the lot and plat number.

b.Record this information in the appropriate fields in the Lien on Real Estate panel of the ORDR function.

c.Obtain a certified copy of the order placing the lien.

d.Send the certified copy of the order along with a cover letter to the city or town hall by certified mail, return receipt requested.

e.When proof of receipt of the registered letter is received from the post office, the date the letter was signed for should be recorded in the electronic case record.

1.20.5Passport Denial

A.Effective October 1, 2006, passport denial will be triggered when a non-custodial parent 's cumulative arrears of principal child support and cash medical support across all cases are equal to or greater than two thousand five hundred dollars ($2,500.00). This means s/he will not be allowed to obtain or renew a passport until these arrears are paid in full, or an alternative payment plan has been agreed to, and the non-custodial parent demonstrates that there is a hardship exemption.

B.Hardship Exemption

The non-custodial parent must provide documentation of military service which requires travel to or from the United States, documentation that there was a death in the family that requires the non-custodial parent's presence in this or another country, a family illness as demonstrated through medical documentation that requires the non-custodial parent's presence in another country, or documentation confirming employment of the non-custodial parent that requires non-custodial parent's presence in another country. The employment must be sufficient to enable the non-custodial parent to satisfy the payment plan in § 1.20.5(C) of this Part (below).

C.Payment Plan

The non-custodial parent must present to the OCSS the agreed upon lump sum payment and provide the office with a payment plan acceptable to OCSS to reduce the arrears to zero dollars ($0.00).

D.The Office of Child Support Services must inform OCSE to notify the Department of State to reinstate due to incorrect arrears reported, a hardship exemption, a lump sum payment, and an alternative payment plan.

1.20.6Multi-State Bank Match

Using the same offset file, the Financial Management Services reports matches of our delinquent non-custodial parents to account holders of all banks or other financial institutions who do business in more than one (1) State and have opted to report these accounts to the Office of Child Support Enforcement rather than to the individual States.

1.20.7Medical Enforcement

A.Often there is an existing order to obtain or maintain medical coverage and no accompanying insurance information available on the eligibility system. If after available techniques to match insurance information are unsuccessful, the Office of Child Support Services may take steps to enforce an order for medical coverage via a motion to modify medical coverage. The system generally does this in an automated fashion when the order to obtain/maintain exists and there is an absence of available medical insurance information. However, if it comes to the attention of the agent, a Motion to Modify Medical Coverage may be filed. The motion requests that the court either order the party to obtain medical coverage if it is available at no cost or at reasonable cost through his/her employer or, if not reasonable, to order a cash medical order equivalent to five percent (5%) of the parties' gross monthly income. This requires a recalculation of the Child Support order.

B.The Office of Child Support Services, on its own information or on account of a claim by an custodial parent, determines that a non-custodial parent has failed to comply with a judgment or order for health insurance coverage issued pursuant to R.I. Gen. Laws § 15-5-16.2, and such insurance is available to the non-custodial parent through his employer, the Office of Child Support Services shall send to the non-custodial parent's employer the National Medical Notice ordering the employer to enroll the minor child(ren) in a health insurance plan. Upon receipt of the National Medical Notice from the Office of Child Support Services, the employer or provider of health care insurance shall, subject to the provisions of its contract and consistent with the provisions of the support order, enroll the child(ren) whether or not the employee has signed an enrollment application. If the employer's benefit plan provides options as to health care coverage, the Hospital Plan Administrator shall notify the OCSS of the options available. The OCSS shall contact the custodial parent with the options and choose an option. In the event an option is not chosen, the least expensive option available is chosen.

1.20.8Posting Security, Bond, or Guarantee

A.The Office of Child Support Services uses procedures which require non-custodial parents to post security, bond, or give some other guarantee to secure payment of overdue support. The Office of Child Support Services will provide advance notice to the non-custodial parent regarding:

1.The delinquency of the support payment;

2.The requirement of posting security, bond or guarantee;

3.His/her rights and methods available for contesting the impending action.

B.The Office of Child Support Services will develop guidelines that are generally available to the public to determine whether the case is inappropriate for application of this procedure.

1.20.9Secure Payment of Overdue Support

A.In a proceeding to enforce past due support, as defined herein, the court after hearing and a finding of overdue support, may require a non-custodial parent to give security, post a bond, or give some other guarantee to secure payment of overdue support; the security, bond, or guarantee to be in such amount, for such term and upon such conditions as the court or magistrate shall deem necessary or advisable. The court may order that the security, bond, or other guarantee be deposited into the registry of the Family Court. The non-custodial parent shall be served with the notice of any proceeding under this section and the notice shall state the procedures to contest the action.

B.For purposes of this section, "past due support" means the amount of court or administratively ordered child support or maintenance, medical child support or a spousal support for a custodial parent having custody of a minor child, which is overdue or otherwise in arrears, regardless of whether there is an outstanding judgment for that amount, and whether the order for the support, medical child support or maintenance has been established by a court or by an administrative process authorized under the laws of any State for:

1.Support and maintenance of a minor child, which is owed to or on behalf of the child;

2.Support and maintenance of the non-custodial parent's spouse or former spouse with whom the child is living; or

3.Medical Child Support.

1.20.10Federal and State Tax Refund Offsets

A.Federal and State income tax refunds which are due non-custodial parents may be intercepted, and the refunded amount applied to court ordered past-due child support or maintenance (spousal support) obligations, owed for a child or a parent with whom the child is living. Any Federal tax refund that is intercepted must be used to satisfy past-due amounts, and may not be used to satisfy current obligations.

B.Administrative Offset

1.Certain Federal income resources can be offset. These include Federal salaries, Federal retirement benefits, Federal vendor payments and Federal stipends such as travel reimbursement.

2.Although Federal Regulations allow administrative offsets for arrears as small as twenty-five dollars ($25.00), Rhode Island opted to keep the thresholds for Administrative Offset the same as for Federal Tax Offset.

1.20.11Child Support Income Tax Refund Offset

A.R.I. Gen. Laws Chapter 44-30.1

Per R.I. Gen. Laws Chapter 44-30.1, for the purpose of these Regulations, "claimant agencies" shall mean Department of Human Services, Office of Child Support Services, or the Rhode Island Office of the Postsecondary Commissioner (RIOPC) or RIOPC acting as agent for student loan guarantee agencies in other States and the Division of Taxation. The claimant agencies shall cooperate in identifying debtors who owe money to the State, through its various claimant agencies, and who qualify for a refund from the Division of Taxation. It is also the intent of this Chapter that procedures be established for setting off against such refund the sum of any debt owed to the State. Furthermore, it is the legislative intent that this Chapter be liberally construed as to effectuate these purposes, as far as legally and practically possible.

B.Authorization

The Department of Human Services is authorized and directed to promulgate rules and regulations to implement the Federal and State programs for offset and collection of past-due child support and medical child support from income tax refunds, as authorized by Internal Revenue Code, 26 U.S.C. §§ 6305(b) and 6402(c) of the Internal Revenue Code and implementing regulations, and as authorized by the R.I. Gen. Laws Chapter 44-30.1. Such rules and regulations shall provide the child support non-custodial parent with an opportunity for an administrative hearing to contest the offset.

C.Policy and Procedure

The Office of Child Support Services policies and procedures are the same for both Federal tax refund intercepts, administrative and State tax refund intercepts with the exception that administrative and State tax refund intercepts must first be applied to current support before being applied to past-due amounts. Also, for State tax refund intercepts, the Office of Child Support Services submits the certification file(s) to the Rhode Island Division of Taxation.

D.Complaints Regarding Joint Returns

When the Office of Child Support Services agent receives a complaint regarding joint returns prior to offset, s/he will inform the non-custodial parent that the IRS and Division of Taxation will notify his/her spouse at the time of offset regarding the steps to take to secure the spouse’s proper share of the refund. Complaints regarding joint returns received at or after offset will be handled by referring the spouse to the IRS or the Division of Taxation.

E.Collections of Debts by Setoff

Within such a time frame established by the Division of Taxation, the claimant agency shall supply the information necessary relative to each debtor owing the State money, and further, shall certify the amount of debt or debts owed to the State by each debtor. Upon receiving notice from the claimant agency that a named debtor owes past-due support, or has obligations owed, the Division of Taxation shall determine whether any amount, as a refund of taxes paid, is payable to such debtor (regardless of whether such debtor filed an income tax return as a married or unmarried individual). If the Division of Taxation determines that any such refund is payable, the Division of Taxation shall set off the past-due support or the obligation owed against the debtor’s refund and shall reduce the debtor’s refund by the amount so determined. The Division of Taxation shall transfer the amount of past-due support or obligation owed setoff against the debtor’s refund to the claimant agency or in the case of out-of-State agencies, to RIOPC as its agent. The pendency of judicial proceedings to contest the setoff shall not stay nor delay the setoff and transfer of refunds to the claimant agency. If the amount of the debtor’s refund exceeds the amount of the past-due support or obligation owed, the Division of Taxation shall refund the excess amount to the debtor. If in any instance the same debtor has both past due support and obligations owed and when the Division of Taxation has received notice from both claimant agencies involved, the claim by the Office of Child Support Services shall receive priority.

F.Setoff and Notification of Debtor

1.The Division of Taxation shall prescribe the time or times at which the claimant agency must submit notices of past-due support, the manner in which such notices must be submitted, and the necessary information that must be contained in or accompany the notices.

2.The Division of Taxation shall, from time to time, determine the minimum amount of claim to which the setoff procedure may be applied.

3.Prior to submitting information relating to a debtor for purposes of setoff of the debtor’s income tax refund, the claimant agency shall provide written notice to each such debtor. The notice shall set forth the name of the debtor, the amount of past-due support or other obligation owed, the intention to setoff the amount owed or other obligation owed, the intention to setoff the amount owed against the refund, the debtor’s right to an administrative hearing to contest the setoff upon written request made within thirty (30) days of the mailing of the notice to the debtor, the debtor’s right to judicial review of the administrative hearing decision, the general nature of the potential defenses available to the debtor, and, in general terms, the rights of non-obligated spouses with respect to income tax refunds in the event a joint return is filed.

4.At the time of the transfer of funds to the claimant agency as provided in R.I. Gen. Laws § 44-30.1-4, the Division of Taxation shall notify the debtor whose refund is sought to be setoff that the transfer has been made. Such notice shall set forth the name of the debtor, the amount of past-due support being claimed, the transfer of funds to the claimant agency, and the amount of the refund in excess of the amount claimed, if any. In the case of a joint refund, the notice shall also state the name of a taxpayer-spouse named in the return, if any, against whom no past-due support or obligation owed is claimed, the opportunity to request that the refund be divided between the spouses by filing an amended income tax return in conformance with R.I. Gen. Laws § 44-30-11, showing each spouse’s share of the tax and the contribution to the overpayment of tax resulting in the refund.

5.Upon final determination of the amount of the claim to be setoff by default for failure to apply for a hearing, or by decision of the hearing officer pursuant to R.I. Gen. Laws § 44-30.1-5, after being held in an escrow account for one hundred and eighty (180) days, the Division of Taxation shall transfer such funds to the claimant agency and the claimant agency shall deposit such funds and credit such amount to the debtor’s obligation.

G.Criteria for Submittal

1.Federal and State income tax refunds that are due to non-custodial parents may be intercepted, and the refunded amount applied (in RIW cases) to court ordered past-due child support or maintenance (spousal support) obligations, owed for a child or a parent with whom the child is living. In non-assistance (NA) cases, the intercepted amount is applied to court ordered past-due child support only. Any Federal tax refund that is intercepted must be used to satisfy past-due amounts, and may not be used to satisfy current obligations.

2.The Office of Child Support Services policies and procedures are the same for both Federal tax refund intercepts and State tax refund intercepts with the exception that administrative and State tax refund intercepts must first be applied to current support before being applied to past-due amounts. Also, for State tax refund intercepts, the Office of Child Support Services submits the certification file(s) to the Rhode Island Division of Taxation electronically.

H.RIW and Foster Care Cases

1.RIW and Foster Care cases must meet the following requirements to be eligible for offset:

a.The support obligation will have been established under a court or administrative order and will have been assigned;

b.The amount of past-due support will not be less than one hundred fifty dollars ($150.00);

c.The amount owed will have been delinquent for three (3) months or longer;

d.The delinquency is for support and maintenance of a child, or of a child and the parent with whom the child is living;

e.Office of Child Support Services has verified the accuracy of the arrears, has a copy of the order and any modifications and has a copy of the payment record or an affidavit signed by the custodial parent attesting to the amount of support owed;

f.Office of Child Support Services has verified the accuracy of the non-custodial parent's name and Social Security Number;

g.In intergovernmental cases, the request may only be made by the Office of Child Support Services when it is the initiating State.

I.Non-Assistance (NA) and MAO Cases

1.Non-assistance (NA) and Medical Assistance only cases will meet the following requirements to be eligible for offset:

a.The support obligation will have been established under a court or administrative order, and will not have been assigned;

b.The amount of past-due support will not be less than five hundred dollars ($500.00);

c.At the State's option, amounts certified in NA cases may be limited to past-due support which accrued since the Office of Child Support Services began to enforce the support order;

d.The support must be owed to or on behalf of a minor child. Past-due support due adult handicapped children may be collected through tax offset if there is a support order in effect for the child and the child, while a minor, was determined to be disabled under the Social Security Act, 42 U.S.C. Chapter 7, Subchapters II and XVI;

e.Spousal support may be submitted if it is included with an order for child support;

f.Office of Child Support Services has verified the accuracy of the arrears, has a copy of the order and any modifications, and has a copy of the payment record or an affidavit signed by the custodial parent attesting to the amount of support owed;

g.Office of Child Support Services has checked its records to see if there are assigned arrears;

h.Office of Child Support Services has verified the accuracy of the non-custodial parent's name and Social Security Number;

i.Office of Child Support Services will have the custodial parent's last known address.

2.The Office of Child Support Services may certify an intergovernmental case only if Rhode Island is the initiating State.

J.Pre-Offset Notices

1.On or about the second (2nd) weekend of every month, the Office of Child Support Services will send a one (1) time offset notice to any non-custodial parent at the time it is determined that s/he meets the certification requirements for Federal and State tax refund offsets. The system will generate the Pre-Offset Notice automatically unless the system indicates otherwise.

2.The Pre-Offset Notice is sent to the non-custodial parent at the address recorded. It advises him/her of the State's intent to intercept, and includes the following information:

a.The amount certified, which represents the arrearage amount taken from the case;

b.The date by which the non-custodial parent may submit payment to avoid being included for offset;

c.The non-custodial parent's right to contest the proposed action;

d.Procedures and time frames for contacting the Office of Child Support Services to contest the action;

e.The non-custodial parent's right to an administrative hearing by the submitting State or the State where the order was entered (if different);

f.The local address and phone number to contact if (s)he desires to contest the action or ask questions; and

g.The fact that the non-custodial parent's arrearage amount may be submitted to the credit bureau.

3.When a Pre-Offset Notice is returned as undeliverable, it will be logged in and retained. However, this will not prevent the non-custodial parent's name from being included for offset.

4.The Office of Child Support Services will:

a.Send notices to non-assistance custodial parents with RIW, Medical Assistance only, or Foster Care arrears advising him/her that amounts collected through Federal tax refund offset will be applied first to satisfy any past-due support that has been assigned to the State;

b.Send notices to any other State involved in enforcing the order; and

c.Notify OCSS, weekly of any case deletions or significant decreases in the amount of past-due support submitted.

K.Non-Custodial Parent Responds to Pre-Offset

1.The non-custodial parent may respond to the Pre-Offset Notice by:

a.Asserting that the money is not owed;

b.Asserting that the wrong amount was certified;

c.Paying off the arrearage;

d.Requesting a hearing on the proposed interception.

L.Non-Custodial Parent Satisfies Arrearage

The Pre-Offset Notice advises the non-custodial parent that s/he can avoid being intercepted by submitting a payment that satisfies or reduces the arrearage balance to below the amount needed for certification. The Agent must advise the non-custodial parent that the payment will be applied first to any unpaid current support and then to the amount certified for intercept. Once distribution takes place the adjusted balance will appear in the CERT BAL (Certification Balance) field on the OFST panel. The balance will be updated on the weekly submission and update file sent to OCSS.

M.Non-Custodial Parent Contests Offset

1.All written hearing requests for the one (1) time notice from non-custodial parents will be forwarded to the Executive Office of Health and Human Services Appeals Office to schedule a hearing.

2.Prior to sending the notice, the appropriate agent will review the case to determine whether the case was correctly certified. A case can be deleted for just cause, such as non-assistance and all children are over the age of eighteen (18), or the order was ended with no arrears owed.

a.When it is decided that a case should be deleted, the agent will:

(1)Take the appropriate action in the child support computer system, and

(2)Send the non-custodial parent a notice advising of Intercept Removal;

b.If a non-custodial parent requests a hearing after the expiration of the period for contesting the proposed action, s/he must complete the Late Request for Administrative Hearing form;

c.When it is decided that a hearing should proceed, an Administrative Hearing will be scheduled by the Executive Office of Health and Human Services. The system will be flagged to stay offset until the hearing decision is rendered and recorded.

N.Administrative Hearing

1.Scheduled

a.The Executive Office of Health and Human Services Hearing Officer will schedule and conduct the hearings.

b.Once the hearing date and time are scheduled, the agent will:

(1)Prepare for the hearing by completing an arrearage calculation going back to the original date of the order, or the last date that the arrearage was set;

(2)Attend the hearing as the representative of the Office of Child Support Services.

c.Any rescheduling will be handled by the designated Hearing Officer.

2.The Administrative Hearing

The administrative hearing shall be conducted in accordance with the Executive Office of Health and Human Services (EOHHS), Rules and Regulations, Title 210.

3.Hearing Decision Results in Adjustment

When the decision is to amend or delete the certification amount, a copy of the decision will be sent to the Office of Child Support Services Accounting Office.

O.Post Intercept Notices

1.When the non-custodial parent's refund is intercepted, the IRS and/or the Division of Taxation will notify him/her that the offset has been made. In joint returns, the IRS and/or Division of Taxation will notify any individual who filed jointly with the non-custodial parent of the steps to take in order to secure his/her proper share of the refund.

2.The joint non-custodial parent may complete a waiver form alleging that s/he has not filed an injured spouse form and disclaims any rights to the refund. The refund can then be distributed appropriately. The State reserves the right to refer the matter to the Attorney General’s Office if the waiver form was later found to be fraudulently completed.

P.Distribution

1.Collections received by the Office of Child Support Services as a result of refund offsets are applied only to the amount of past-due support. The collections are distributed as outlined in § 1.23.4 of this Part.

2.If the amount collected through offset exceeds the amount(s) in the certified past-due support balance, the excess amount will be treated as outlined in § 1.23.4 of this Part.

3.When an offset is being made to satisfy non-assistance (NA) past-due support and the amount collected is the result of a joint return, the State may delay distribution until notified that the non-obligated spouse's proper share of the refund has been paid, or for a period not to exceed six (6) months from notification of offset, whichever is earlier.

Q.Fees

1.A refund offset fee to reimburse the IRS for the full cost of the offset procedure is deducted from the offset amount and credited to the IRS appropriations which bore all or part of the costs involved in making the collection. However, the full amount of offset will be credited against the non-custodial parent's payment record. The fee which the Secretary of the Treasury may impose with respect to non-assistance (NA) cases submitted cannot exceed twenty-five dollars ($25.00) per submittal.

2.Each State involved in a referral of past-due support for offset will comply with instruction issued by OCSE. Per Federal Regulations the IRS may only reverse offsets for fraudulent returns within six (6) months from the offset, unless in a TANF case the funds are still within the State registry.

1.20.12Unemployment Insurance (UI) Intercepts

A.Verifying Unemployment Benefits

Unemployment Insurance (UI) benefits are verified electronically through an interface with the Department of Labor and Training. UI benefits received by a non-custodial parent are considered income and are subject to the same income withholding laws, policies and procedures as any other income s/he may receive (§ 1.20.1 of this Part).

B.Cooperative Agreement with Department of Labor and Training

The OCSS has a cooperative agreement with the Department of Labor and Training. Upon discovery, through the New Hire Reporting process, that a non-custodial parent is receiving unemployment benefits, an income withholding order is automatically generated and sent electronically to the Department of Labor and Training notifying them to withhold the child support from the unemployment benefits and remit payment electronically to the State Disbursement Unit.

1.20.13Credit Bureau Reporting

A.Advance Notice

1.The Office of Child Support Services makes information regarding the amount of overdue support owed by a non-custodial parent available to consumer reporting agencies. A non-custodial parent will be given advance notice before his/her name is submitted. The advance notice advises the non-custodial parent of:

a.The proposed release of the information to the consumer report agency;

b.The procedures for contesting the accuracy of the information.

2. The Office of Child Support Services will comply with all of the procedural due process requirements of State law before releasing the information.

3.The Office of Child Support Services shall provide written notice to the non-custodial parent ten (10) days prior to the proposed release of information to consumer reporting agencies.

4.The notice shall state the procedures to contest the accuracy of the information. The Department shall periodically inform the consumer reporting agencies if the overdue support has been paid in full or of the amended amount of due support.

B.Credit Bureau Defined

1.A credit bureau is an entity which, for monetary fees, dues, or on a cooperative non-profit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information for the purpose of furnishing consumer reports to third (3rd) parties. A primary source of information in a consumer report is the consumer's financial application, which contains allegedly verifiable residential, employment, financial and asset data.

2.Other sources of information include business establishments, financial institutions, and public records.

C.Credit Rating

Credit bureaus are hereby required to take into consideration a non-custodial parent's child support obligations and his delinquencies in this regard, and these delinquencies shall be verified by either the court or by the Office of Child Support Services.

D.Report a Non-Custodial Parent Name

1.Each month an advance notice is system-generated to non-custodial parents:

a.With an SSN and verified address recorded;

b.Who are under a court order for support; and

c.Who have not been notified previously.

2.Non-custodial parents who have more than one (1) court ordered case will receive an advance notice for each case.

3.A monthly tape is submitted to the credit bureau with the names of non-custodial parents who received an advance notice and did not contest the action. The tape provides the credit bureau with:

a.The non-custodial parent's name, SSN, and address;

b.The amount of periodic support due each month;

c.The balance due; and

d.The date and amount of the last payment.

1.20.14License Suspension

A. The Office of Child Support Services is authorized to take steps leading to the certification of a non-custodial parent for noncompliance with an order of support to an appropriate board, State agency, or department. Such board, State agency, or department shall take the following actions against a non-custodial parent:

1.Revoke/suspend a license to operate a motor vehicle;

2.Refuse to renew or reissue a motor vehicle registration or license to operate a motor vehicle;

3.Revoke/suspend the license, certification, registration, permit, approval, or other similar document authorizing the non-custodial parent to engage in a profession, occupation, business, or industry;

4.Refuse to renew or reissue the license, certification, registration, permit, approval, or other similar document authorizing the non-custodial parent to engage in a profession, occupation, business, or industry.

B.An action to certify a non-custodial parent under R.I. Gen. Laws Chapter 15-11.1 may be requested only when the following conditions are met:

1.A non-custodial parent owes more than ninety (90) days' worth of his/her total child support obligation(s) (ex. current support order, arrears order, cash medical order, etc.) in one (1) or more of his/her child support cases; or

2.A non-custodial parent has failed to obtain or maintain health insurance for his/her child(ren) pursuant to a court order; and

3.The Office of Child Support Services has fully complied with the procedural and notification provisions.

C.Professional License Suspension

1.Upon receipt of the certification of noncompliance with a support order from the Office of Child Support Services, the licensing agency or board will revoke/suspend the non-custodial parent's license and/or refuse to issue or reissue a license until the non-custodial parent provides a release from the Office of Child Support Services that states the non-custodial parent is in compliance with the order for support.

2.If the non-custodial parent has been certified as noncompliant to any licensing agency or board, the Office of Child Support Services will provide the non-custodial parent with written confirmation of compliance with a support order and a release from the noncompliance penalty of license suspension/revocation within five (5) business days after the non-custodial parent has been found to be in compliance with the support order. This release will be mailed to the non-custodial parent by first class mail to his/her address of record as indicated on the child support automated system.

D.Motor Vehicle License/Registration Suspension

1.The Office of Child Support Services will periodically each year provide the Rhode Island Division of Motor Vehicles an electronic report of those individuals, together with other identifying information, who have a child support arrearage in excess of five hundred dollars ($500.00) as of the date of the report as shown on the Office of Child Support Services computer system.

2.This listing to the Division of Motor Vehicles will be periodically updated so that individuals whose arrearage falls below the prescribed level for reporting may be removed from the list by the Division of Motor Vehicles.

3.No individual whose name appears on this list shall be permitted to:

a.Register or renew a registration of any motor vehicle, and/or

b.Obtain an original license or renewal of a license to operate a motor vehicle until all such child support arrearage have been paid in full or a satisfactory arrangement for payment has been made with the Rhode Island Family Court and such payment or arrangement to pay has been certified to the Division of Motor Vehicles by the Office of Child Support Services.

E.Notice of Intent to Certify

1.The Office of Child Support Services may serve Notice of Intent to Certify upon a support non-custodial parent who is not in compliance as defined in this section. The Notice informs the non-custodial parent of the agency's intent to submit the non-custodial parent's name to any appropriate board, State agency, or department as a licensee who is not in compliance with a court order of support. This notice will be mailed to the non-custodial parent by first class mail to his/her address of record as indicated on the child support automated system. The Notice must contain:

a.The address and telephone number of the Office of Child Support Services;

b.A statement of the need for the non-custodial parent to obtain a release from that office that states that the non-custodial parent is in compliance with his or her support order; and

c.A copy or facsimile of the non-custodial parent's court order for support.

2.The notice must inform the non-custodial parent that he/she can avoid this action by:

a.Paying all past-due and current child support and/or any past-due arrearage payments;

b.If s/he is unable to pay all past-due support, the non-custodial parent may request an appointment at the Office of Child Support Services to enter into a Written Payment Agreement (if no previous Written Payment Agreement has been entered);

c.The non-custodial parent may request a Family Court compliance hearing to contest the issue of compliance;

d.A request for an appointment or compliance hearing must be made in writing and must be received by the Office of Child Support Services within thirty (30) calendar days of the date of the notice;

e.If the non-custodial parent requests an appointment or compliance hearing within thirty (30) calendar days of the date of the notice, the Office of Child Support Services shall stay action to certify the non-custodial parent to any board for noncompliance with a court order of support pending the outcome of the appointment or compliance hearing decision;

f.If the non-custodial parent does not request an appointment or compliance hearing within thirty (30) calendar days of the date of the notice and is not in compliance with a court order of support, the Office of Child Support Services shall certify the non-custodial parent to the appropriate board, State agency, or department for noncompliance with an order for support;

g.If the Office of Child Support Services certifies the non-custodial parent to a board for noncompliance with a court order of support, the board, State agency, or department shall revoke/suspend the non-custodial parent's license and refuse to issue or reissue a license until the non-custodial parent provides the board with a release from the Office of Child Support Services that states that the non-custodial parent is in compliance with her/his support order. A revocation/suspension by an agency or a refusal by an agency to reissue, renew, or otherwise extend the license or certificate of authority shall be deemed a final determination;

h.If the non-custodial parent files a Motion to Modify Support with the Family Court, and duly serves the Office of Child Support Services with notice of the Motion to Modify within thirty (30) calendar days of the date of the notice, the Office of Child Support Services shall stay action to certify the non-custodial parent to any board for noncompliance with a court order of support; and/or

i.The non-custodial parent must meet his/her health insurance obligation.

F.Family Court Compliance Hearing

An aggrieved non-custodial parent desiring a compliance hearing must notify the agency in accordance with R.I. Gen. Laws §§ 15-11.1-4 through 15-11.1-7.

G.Reporting Requirements of Licensing Boards

1.On or before November 1, 1995 and during each renewal period thereafter, all boards subject to R.I. Gen. Laws § 15-11.1-2 must provide the Office of Child Support Services with specified information about applicants for licensure and all current licensees who are residents of this State. The information to be provided must include all the following information to the extent that the board maintains such information:

a.Name;

b.Address of record;

c.Federal employer identification number or Social Security Number;

d.Type of license;

e.Effective date of license or renewal;

f.Expiration date of license; and

g.Active or inactive status.

2.The Office of Child Support Services requires this information in order to implement the requirements of R.I. Gen. Laws Chapter 15-11.1 known as the Rhode Island Full Enforcement of Support Obligations Act.

1.20.15Interception of Insurance Payments

A.In accordance with R.I. Gen. Laws § 27-57-1, the Office of Child Support Services shall electronically furnish every domestic insurer or insurance company authorized to issue policies of liability insurance and any worker's compensation insurer with a report of names of individuals with last known addresses who as of the date of the report, have an unpaid child support arrearage in excess of five hundred dollars ($500.00).

B.The Office of Child Support Services shall send notice to the non-custodial parent that the agency has intercepted an insurance settlement at the time it credits the non-custodial parent's account.

C.In addition, the Office of Child Support Services shall follow the procedures outlined for placing an administrative lien at the point at which an insurance claim has been filed.

1.20.16Offset of State Lottery Prizes

A.Any person entitled to receive a cash prize or winning ticket in excess of six hundred dollars ($600.00) from the Rhode Island Lottery Commission and who has been identified by the Office of Child Support Services as having an unpaid child support arrearage shall have an amount set off against the amount due to such person after Federal and State tax withholding an amount up to the balance of such child support arrearage(s). The lottery commission shall make the payment directly to the Rhode Island Family Court which will deposit the amount set off in escrow into the Registry of the Family Court for a period of forty-five (45) days, or if an application for review relating to the setoff has been filed, until final disposition of such application until further order of the court. The lottery shall pay to such person the remaining balance of the prize or winning ticket amount, if any, after the amount set off above by child support.

B.The Office of Child Support Services will periodically each year provide the Rhode Island State Lottery Commission an electronic report of those individuals, together with other identifying information, who have a child support arrearage in excess of five hundred dollars ($500.00) as of the date of the report as shown on the Office of Child Support Services computer system.

C.Any claimant aggrieved by any action taken under these procedures may within thirty (30) days of the date of the withholding of the payment by the Lottery Director seek judicial review in the Rhode Island Family Court which may, at its discretion, issue a temporary order prohibiting the disbursement of funds pending final adjudication.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.21 Intergovernmental Child Support Cases (45 C.F.R. Part 307)

A.Defined

An intergovernmental child support case is, in general, one in which the non-custodial parent and custodial parent do not live in the same State or foreign country.

B.Categories

1.There are two (2) broad categories of intergovernmental cases for OCSS:

a.Initiating State

(1)When Rhode Island acts as the initiating State, it is generally because the custodial parent resides in Rhode Island and the non-custodial parent resides outside Rhode Island. However, the OCSS may also initiate a petition on behalf of a non-custodial parent when a modification is requested, and the custodial parent resides in another State.

(2)The petition is prepared in Rhode Island and is forwarded to another State or foreign country for processing.

b.Responding State

When Rhode Island acts as the responding State because the custodial parent resides in another State or foreign country and the non-custodial parent resides in Rhode Island. Another State or foreign country prepares the petition and forwards it to Rhode Island to process. The non-custodial parent may reside in, or have assets in, Rhode Island.

C.Uniform Intergovernmental Family Support Act (UIFSA)

Both Initiating State and Responding State cases are commonly referred to as UIFSA (45 C.F.R. Part 307, Uniform Intergovernmental Family Support Act) cases. Federal law requires all States and foreign countries who have signed on to The Hague Treaty, to provide child support services to all families that have applied for such services, including location, parentage establishment, and establishment of support obligations, regardless of where the non-custodial parent resides. Federal law also requires States to meet specific timeframes in the provision of these services, even when one (1) parent is in a different State from where children are living. This Federal legislation sets out procedures for enforcing child support orders across State lines and establishes the concept of "Continuing Exclusive Jurisdiction." UIFSA also simplifies income withholding across State lines by requiring employers to honor wage assignments issued by another State's court, tribunal or foreign country.

1.21.1Authority

In public assistance cases, Rhode Island has the same right to initiate a proceeding as an individual RIW caretaker relative for the purpose of establishing parentage, establishing a child support and medical order, and enforcing those orders administratively or judicially. The defense that the parties are immune to a suit because of their relationship as a married couple or parent and child is not available to the non-custodial parent.

1.21.2The OCSS Intergovernmental Unit/Central Registry

A.The Central Registry is located at the Office of Child Support Services. The Central Registry manages Rhode Island's intergovernmental case load; both initiating activities and responding to requests from other States.

B.Within ten (10) working days of the receipt of a case from an initiating State or foreign country, the OCSS Central Registry will:

1.Review the request to ensure that all necessary documentation is included and complete. When documentation is inadequate and cannot be remedied by the Intergovernmental Unit without the assistance of the initiating State or foreign country, the Intergovernmental Unit will forward the case for any action which can be taken, pending action by the initiating State;

2.Forward the case to the State Parent Locater Service for location services, or to the appropriate agency for processing;

3.Send acknowledgment of the request to the initiating State or foreign country, and request any missing documentation;

4.Inform the IV-D agency in the initiating State or foreign country where the case was sent for action.

C.If the documentation received with a case is inadequate and cannot be remedied without the assistance of the initiating State, the central registry shall forward the case to an agent for any action that can be taken pending necessary action by the initiating State. The Central Registry shall keep a log of these pending cases so that when the needed documentation is received it may be distributed to the appropriate agent.

D.The Central Registry must respond to inquiries from other States or foreign countries within five (5) working days of receipt of the request for a case status.

1.21.3RIW Intergovernmental Cases

A.Newly opened RIW cases will be assigned to the appropriate intergovernmental child support agent through the IV-A/IV-D interface when an out-of-State address for the non-custodial parent is entered.

B.If the intergovernmental agent should receive a RIW case transferred from an in-State unit, (before an in-State agent transfers a RIW case to the Intergovernmental Unit, there should be verification that the non-custodial parent no longer resides in Rhode Island and that there is no basis for exercising jurisdiction over the nonresident parent, or that the exercise of personal jurisdiction over a non-resident is impractical) the agent should examine the case to determine whether a new case should be created for intergovernmental support activity. If the existing case does not have a docket number assigned to it or anything "financial", (payments, obligation balance etc.), it will not be necessary to create a new case for the intergovernmental activity. The existing suffix should be used for the intergovernmental case.

1.21.4Non-Assistance, MAO and FC Intergovernmental Cases

Non-assistance, Medical Assistance Only, and Foster Care cases will be referred to the Intergovernmental Unit via the referral or application process, or transfers from another OCSS unit. The intergovernmental agent will enter new cases and transfer cases.

1.21.5Petition for Registration

A.When the custodial parent and non-custodial parent both reside in the State of Rhode Island, and there is a foreign court order (an order entered in a jurisdiction outside Rhode Island) for which arrears are owed, the Child Support Services agent will register the foreign court order with the Family Court. Once the order is registered, it can be enforced the same as any other Rhode Island order. To register the order the agent will:

1.Produce Registration of Foreign Support packet and order of confirmation for modification and enforcement;

2.Refer for service; and

3.Upon service, refer all paperwork to Family Court.

B.If, after twenty (20) days, the non-custodial parent fails to petition to vacate the registration, the order is "confirmed." The Judge/Magistrate signs the Order of Confirmation, and copies are sent to the non-custodial parent and the Office of Child Support Services.

1.21.6Petition for Support

A.The petition or complaint shall be verified and shall state the name and, so far as known to the custodial parent, the address of the non-custodial parent and the persons from who support is sought, and all other pertinent information. The custodial parent may include in, or attach to, the UIFSA petition information that may help in locating or identifying the non-custodial parent including:

1.A photograph of the non-custodial parent;

2.A description of any distinguishing marks on his/her person;

3.Other names and aliases by which s/he has been or is known;

4.The name of his/her employer;

5.His/her fingerprints;

6.His/her Social Security Number.

1.21.7Duty of Initiating Court

A.Upon the filing of a petition authorized by UIFSA, the Office of Child Support Services shall forward three (3) copies of the petition and its accompanying documents:

1.To the responding tribunal or appropriate support enforcement State, or

2.If the identity of the responding tribunal is unknown, to the State information agency of the responding State with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

1.21.8Costs and Fees

A.The petitioner shall not be required to pay a filing fee or other costs, but OCSS may request the responding court to collect fees and costs from the non-custodial parent. Those costs may include reasonable attorney's fees, and necessary travel.

B.A responding court shall not require payment of a filing fee or other costs from the custodial parent, but it may direct that all fees and costs requested by the initiating court and incurred in this State when acting as a responding State, including fees for filing of pleadings, service of process, seizure of property, stenographic or duplication service, or other service supplied to the non-custodial parent, be paid in whole or in part by the non-custodial parent, or by the OCSS.

C.These costs or fees do not have priority over amounts due to the custodial parent.

1.21.9OCSS Responsibilities

A.As the initiating State agency, the OCSS will:

1.Attempt to establish parentage using the State's long arm statute, whenever appropriate;

2.Refer a case, within twenty (20) calendar days of finding a non-custodial parent in another State, to the responding State's Intergovernmental Central Registry for action, including:

a.UIFSA petitions to establish parentage, establish child support and medical orders, modification of orders if appropriate, enforcement of orders, registrations and administrative lien requests;

b.Requests for location if location efforts have been exhausted;

c.Document verification;

d.Administrative reviews in administrative offsets;

e.Income withholding;

f.State income tax refund offset in IV-D cases;

3.Provide the responding State with sufficient, accurate information to act on the case by submitting with each case any necessary documentation with the Child Support Enforcement Transmittal package;

4.Provide the responding State with any additional information requested. When information cannot be provided immediately, the intergovernmental agent will notify the responding State that it will be provided within thirty (30) calendar days of the request. The agent will submit an updated form or a computer-generated replica in the same format and containing the same information, and any necessary additional documentation;

5.Notify the responding State within ten (10) working days of receiving new information, by submitting an updated form and any related documentation including court orders;

6.Contact the responding State IV-D agency for a status update when there has been no contact for ninety (90) calendar days.

1.21.10Initiating Parentage Establishment

In cases where an alleged parent lives out-of-State, the OCSS agency will first determine if there is jurisdictional basis to establish parentage the same as if the non-custodial parent lives in Rhode Island and if it is practical to do so. This is called the "long arm process." If there is no basis to exercise long arm jurisdiction, or it would be impractical or cumbersome to do so, the OCSS will initiate a petition to establish parentage.

1.21.11Long Arm Cases

A.OCSS may consider filing a long arm action in lieu of a UIFSA petition but it is not required to do so first. Under Rhode Island law, a person who has had sexual intercourse in this State submits to the jurisdiction of the court of this State as to any action with respect to a child who may have been conceived by that act of intercourse. In addition, the Uniform Intergovernmental Family Support Act provides broad provisions for asserting jurisdiction over a non-custodial parent for the establishment of parentage and support.

B.The long arm statute is one that allows a State to gain jurisdiction over an individual residing in another State for purposes of determining parentage. In parentage establishment, it allows Rhode Island to exercise jurisdiction over a non-resident alleged parent when the custodial parent claims that conception occurred in Rhode Island. The OCSS agent will refer the case to the OCSS Legal Unit if any problems arise.

C.The child support attorney is available to provide assistance to the caseworker when attempting to determine whether long arm jurisdiction can be asserted over an individual.

D.When it has been determined that it is practical and reasonable to do so, and that sufficient grounds exist to exercise long arm jurisdiction, the procedures for filing a long arm action are:

1.The child support agent obtains the necessary information to file a long arm parentage complaint from the mother;

2.The alleged parent is served with the complaint generally by certified mail;

3.The Office of Child Support Services must advise the alleged parent of the hearing date;

4.If the alleged parent was properly served but fails to appear for the hearing, the court proceeds to rule on the issues properly before the court;

5.If the non-custodial parent defaults on the order at a later date, the judgment (usually by default) can be enforced by the Rhode Island Family Court or it can be registered for enforcement in the non-custodial parent's State of residence.

E.When OCSS has filed a long arm suit but has been unable to obtain service on the alleged parent, the Office of Child Support Services can request assistance with service of process from the child support agency where the alleged parent resides.

F.If service cannot be accomplished, a petition to establish parentage and support can be forwarded to the alleged parent's State of residence.

G.In RIW cases, when parentage is an issue, the child support services agent must complete a parentage affidavit. If conception took place outside Rhode Island, a UIFSA petition asking for parentage to be established and a support order entered should be sent to the responding State.

1.21.12Initiating Parentage

A.When the long arm process is not practical, the OCSS agent will pursue parentage establishment via the regular UIFSA process. The UIFSA Petition will include the Parentage Affidavit to be signed by the custodial parent.

B.Federal Regulations provide that the initiating State is responsible for paying the costs for DNA testing. All other costs (such as expert witness fees, depositions, or costs of a parentage trial) must be borne by the responding State. When the personal testimony of the custodial parent or custodial parent is required in a parentage trial, a telephonic hearing may be scheduled upon request in order to secure the testimony of the custodial parent.

C.The responding State should coordinate the testing schedule with the initiating State. Genetic testing laboratories send the genetic test report to the agency that is making payment. The original test report must be sent to the agency that is taking the case to court, since the report is submitted as parentage evidence.

D.When parentage is established by the responding State, the Office of Child Support Services must attempt to obtain a judgment for the genetic testing costs to reimburse the initiating State. The court order should address the repayment of those costs to the initiating State.

1.21.13Initiating Support Order Establishment

A.The OCSS agency will initiate a UIFSA action to obtain an order for support when:

1.The non-custodial parent is located out-of-State;

2.Parentage is not an issue in the case;

3.There is no order for support.

B.The tribunal may issue a Child Support order if:

1.The non-custodial parent has signed a verified statement acknowledging parentage;

2.The non-custodial parent has been determined by or pursuant to law to be the parent; or

3.There is other clear and convincing evidence that the non-custodial parent is the parent.

1.21.14Initiating Intergovernmental Enforcement

A.The OCSS agency will determine what type of action to take and/or request in an intergovernmental case depending upon certain circumstances. Under UIFSA and other applicable enforcement laws, the case may be enforced by the Office of Child Support Services or forwarded to another State for enforcement. If it is determined that such measures or remedies under State law are inadequate, or that additional measures are available and practicable, or that there is no basis to exercise jurisdiction over a non-resident or the exercise of jurisdiction is impracticable, OCSS may request enforcement in another jurisdiction. The agent may request intergovernmental wage withholding if direct wage withholding is impractical.

B.A UIFSA action to establish an arrears order is needed when the non-custodial parent is located out-of-state, there is no arrears order, or for Registration for Enforcement.

1.21.15Initiating Intergovernmental Income Withholding

A.When OCSS identifies cases where direct wage withholding is not practical, and intergovernmental income withholding is appropriate, the agent will initiate action to request the responding State to issue an income withholding order. This request is made on the Child Support Enforcement Transmittal Form.

B.The packet sent to the responding State or foreign country includes:

1.A verified place of employment for the non-custodial parent;

2.An original and four (4) copies of the support order. The original must be certified with the court seal;

3.An affidavit of arrears showing the accumulation of arrears on month-by-month basis. An original and four (4) copies are required. The original and the two (2) copies that will be sent to the responding State should all be notarized and stamped with the notary seal. Welfare cases are signed by the agent as the OCSS representative and on non-welfare cases, the custodial parent must sign.

C.In a UIFSA proceeding, the OCSS will prepare the appropriate intergovernmental forms and forward the petition and other documents to the Central Registry of the responding State.

1.21.16Registration of a Foreign Order (45 C.F.R. § 303.7)

A.There are two (2) types of registration: Registration for Enforcement and Registration for Modification.

1.Registration for Enforcement

a.A support order or income-withholding order of another State or foreign country may be registered for enforcement in Rhode Island in accordance with R.I. Gen. Laws § 15-23.1-602.

b.Upon receipt, the order shall be registered. The non-custodial parent shall be served with a Petition to Register for enforcement and an order of confirmation. The party then has twenty (20) days to contest the registration. There are very few defenses that can be raised such as: the order has been obtained through fraud, the order has been vacated or suspended, there has been full payment of the arrears, statute of limitations has expired or other limited defenses as the law provides. If the party does not have a valid defense or fails to contest, the order is confirmed.

c.A registered order is enforceable in Rhode Island in the same manner and is subject to the same enforcement as a Rhode Island order.

2.Registration for Modification

An order may be registered for modification in Rhode Island in accordance with R.I. Gen. Laws § 15-23.1-611.

B.Choice of Law in Registration

The law of the issuing State governs the nature, extent, amount, and duration of payments. In a proceeding for arrearages, the statute of limitation under the laws of this State or of the issuing State, whichever is longer, applies.

C.Reconciliation of Multiple Orders

Under 45 C.F.R. § 303.7, the Uniform Reciprocal Enforcement Act multiple orders were entered on a case involving the same parties. As the parties moved from State to State new orders were entered, while the orders continued to run and accrue arrears. Under UIFSA, only one (1) child support order is the controlling order. Although the non-custodial parents would receive credit for all payments made under any order, only one (1) order is in effect. Rules had to be developed to determine which order was controlling. The following is a simplified version of the Rules used to establish which, of many orders, is the controlling order:

1.If only one (1) court has issued a child support order, that order controls.

2.If two (2) or more Child Support orders have been issued the following applies:

a.If a party lives in one (1) of the States that issued the order that order controls,

b.If each party lives in a State that issued orders, the current home State of the child controls.

c.If there are multiple orders but no one resides in any of the States that issued orders, this State can issue an order as long as there is jurisdiction. Within thirty (30) days after issuance of an order, the party obtaining the order shall file a certified copy of it with each tribunal that issued or registered an earlier order of child support so that those orders can be suspended.

1.21.17Rhode Island as the Responding State

A.The OCSS agency will respond to requests from other States to locate non-custodial parents, establish parentage, and establish a Child Support and Medical order and to enforce those orders judicially and administratively.

B.Legal Basis

Rhode Island will serve as a responding State to accept the UIFSA Petition forwarded by the initiating State to locate the non-custodial parent, establish parentage, establish a Child Support and Medical order and to enforce those orders. The statutes governing Rhode Island as the responding State in an intergovernmental action are found in R.I. Gen. Laws § 15-23.1-303.

C.Duties of the Court and DHS

1.Rhode Island acting as a responding State may carry out the duties in R.I. Gen. Laws § 15-23.1-305.

2.The OCSS will send a certified copy of all support orders entered by the Rhode Island Family Court to the initiating agency and shall transmit all support collected to that agency.

D.Hearing and Continuance

If the custodial parent is not present at the hearing and the non-custodial parent denies owing the duty of support alleged in the petition or complaint or offers evidence constituting a defense, the Family Court, upon request of either party, may continue the hearing to permit evidence relative to the duty to be adduced by either party by telephonic hearing.

E.Inappropriate Tribunal

If a petition is received by the Office of Child Support Services and it is inappropriate for the case to be processed and heard in Rhode Island, OCSS shall forward the pleadings to the appropriate agency for processing and notify the petitioner of the forwarding agency.

F.Limited Immunity of Petitioner

Under UIFSA, participation of a petitioner in a proceeding before a responding tribunal does not confer jurisdiction for other proceedings. A petitioner may not be served while present in the State. This does not apply if the petitioner commits acts while in the State that would subject him/her to civil litigation.

G.Evidence of Marriage

Laws attaching a privilege against the disclosure of communications between a married couple are inapplicable to proceedings under the R.I. Gen. Laws Chapter 15-15. A married couple are competent witnesses to testify to any relevant matter, including marriage and parentage.

H.Rules of Evidence

1.The physical presence of the petitioner in this State is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage. The following are admissible in a hearing:

a.A verified petition, affidavit, and substantiating documents are admissible in evidence if given under oath by a party or witness residing in another State.

b.A copy of the record of child support payments certified is evidence and is admissible to show whether payments were made.

c.Copies of bills for parentage testing, and for prenatal and postnatal health care of the mother are admissible.

d.Documentary evidence transmitted by telephone, telecopy, or other means. If requested, Telephonic hearings shall be arranged by OCSS to take testimony. A party called to testify may refuse to answer but the Court may draw an adverse inference.

2.There is no privilege against disclosure between spouses.

I.Parentage

If the non-custodial parent asserts as a defense that he is not the parent of the child for whom support is sought and it appears to the court that the defense is not frivolous, and if both parties are present at the hearing or the proof required indicates that the presence of either or both of the parties is not necessary, the court may adjudicate the parentage issue. Otherwise the court may adjourn the hearing until the parentage issue has been adjudicated.

J.Non Parentage as a Defense.

A party whose parentage has been previously determined may not plead non-parentage as defense. Any contest regarding parentage must be brought in the State where the parentage was adjudicated.

K.Intrastate Application

This act applies if both the custodial parent and the non-custodial parent are domiciliaries and/or residents of this State.

L.Appeals

1.If the Office of Child Support Services is of the opinion that an order is erroneous, and presents a question of law warranting an appeal in the public interest, it may:

a.Perfect an appeal to the State Supreme Court if the support order was issued by a court of this State; or

b.Cause the appeal to be taken in the other State if the support order was issued in the other State.

2.In either case, expenses of the appeal may be paid on its order from funds appropriated for its office.

M.Foreign Support Orders – Additional Remedies

If the duty of support is based on a foreign support order, the custodial parent has the additional remedies as provided in the R.I. Gen. Laws § 15-14.1-5.

N.Representation of Custodial parent by DHS

1.Whether acting on its own behalf or on behalf of the custodial parent, non-custodial parent, or initiating State, the Department of Human Services OCSS attorneys do not represent the interests of any individual person, and its attorneys represent only the department. An attorney custodial parent relationship is not created between department attorneys and any person or entity.

2.Nothing precludes any party from retaining the services of a private attorney to legally represent their interests.

O.Communication Between States

The Office of Child Support Services may communicate with another State agency in writing, by telephone or other means, to obtain information concerning the laws of that State, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other State. OCSS must also reciprocate and provide information upon request.

P.Assistance with Discovery

The Office of Child Support Services may request another State agency for help in obtaining discovery; and the Rhode Island Family Court may compel a person over whom it has jurisdiction to respond to a discovery order issued by another State.

Q.Nondisclosure of Information

Upon a finding, which may be made by ex-parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order provides, the Rhode Island Family Court may order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a court file.

R.Employer's Receipt of Income Withholding

An income-withholding order issued in another State may be sent directly to employer in this State without first filing a petition.

S.Case Processing Time Frames

1.Within seventy-five (75) calendar days of receiving an Intergovernmental Child Support Enforcement Transmittal form and documentation, the intergovernmental agent will:

a.Provide location services when requested or needed;

b.Notify the initiating agency of the necessary additions or corrections if unable to proceed with the case because of inadequate documentation;

c.Process the case to the extent possible if the documentation received with a case is inadequate and cannot be remedied by the Intergovernmental Unit without the assistance of the initiating State, pending necessary action by the initiating State.

2.Within ten (10) working days of discovering that a non-custodial parent resides in a different State, the OCSS agency must return the form and documentation, including the new location, to the initiating State, or if directed by the initiating State, forward the form and documentation to the Central Registry in the State where the non-custodial parent has been located.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.22 Modification of Child Support Orders

1.22.1Introduction

A.Under Federal Regulations and State statutes, the Office of Child Support Services is required to provide for the review and modification/adjustment of child support orders being enforced under Title IV-D of the Social Security Act.

B.These reviews will be conducted as a result of an appropriate request from any party subject to a child support order in the State.

C.Although requests for reviews will be evaluated by the Office of Child Support Services staff, only the Rhode Island Family Court is authorized make a decision to actually modify or adjust an order. The Office of Child Support Service's decision whether or not to refer a request for a review of a Rhode Island order to the Rhode Island Family Court will be made in accordance with the criteria specified in § 1.22.2 of this Part.

D.The same criteria will be applied in reviewing requests for reviews in intergovernmental cases.

1.22.2Criteria for Modification-Requested Reviews

A.Criteria and Response from OCSS

Under Federal Regulations and State statutes, the Office of Child Support Services is required to respond to requests for reviews of support orders being enforced under Title IV-D of the Social Security Act from either parent subject to a child support order in the State. Requests by either parent for a review must be accompanied by information that demonstrates a change in circumstances that meets the criteria listed below.

B.Denial of Request for Review

Referral of requests for reviews to the Rhode Island Family Court for hearing may be denied by the Office of Child Support Services because the request fails to meet any of the criteria listed below. (see § 1.22.5 of this Part for Office of Child Support Services responsibilities on intergovernmental cases).

C.How to Apply for a Review

1.A request for a review must be made in writing. The request must contain information that will enable the Office of Child Support Services to determine if it meets any of the criteria listed below. It should be mailed to:

Office of Child Support Services

77 Dorrance St.

Providence, RI 02903

2.The Office of Child Support Services must make a decision whether or not the order should be reviewed within fifteen (15) days of receipt of all information needed to make a decision.

D.Criteria for Referring Requests for Review to Rhode Island Family Court

1.The Office of Child Support Service's response to a request for a review will consist of evaluating the request to determine if there is sufficient evidence/documentation to meet any of the following criteria that would warrant a hearing in Rhode Island Family Court:

a.The existing support order would deviate fifteen percent (15%) or more as a result of applying new income information to the State's Child Support Guidelines or it has been thirty-six (36) months since the order was entered or it was last reviewed.

b.That health insurance is available at reasonable cost to the non-custodial parent and the existing support order makes no provision for the health care needs of the children covered by the order or does not otherwise provide for health care coverage.

c.To add an additional child of the parties to the order who is not covered by the existing support order.

d.There has been a custody change or a change in the responsibility for care of a child covered by the order.

e.Since the entry of the order, the party is now incurring the expenses of an additional minor dependent not subject to the existing child support order.

1.22.3Requested Reviews

A.Custodial Parents

1.If the Office of Child Support Service's evaluation of the custodial parent's request for a review of the order determines that a hearing before Rhode Island Family Court is warranted, a court date will be assigned and the Office of Child Support Services will provide for the service of process to both parties to the order. Once served, the custodial parent will be required to appear and give testimony at the court hearing. Attorneys for the Office of Child Support Services will only represent the State of Rhode Island and will not legally represent either party at the court hearing.

2.If the Office of Child Support Services determines that circumstances do not warrant a hearing in Rhode Island, the Family Court and the requesting custodial parent are notified. This notification will also inform the custodial parent that s/he may submit additional information not previously provided if s/he would like Office of Child Support Services to reevaluate the request. Also, included in this notice will be information about the self-represented process whereby the custodial parent may file a Motion for Modification with the court without the involvement of the Office of Child Support Services provided that the custodial parent has not presently assigned his or her right to support to the State in accordance with any and all provisions as it relates to eligibility to collect RIW benefits.

B.Non-Custodial Parents

1.The request for relief form is found on the website at www.cse.ri.gov.

2.The Office of Child Support Services will evaluate a written request from a non-custodial parent to see if it meets any of the modification/adjustment criteria listed in § 1.22.2 of this Part and notify the non-custodial parent. If the request has been accepted, OCSS will file a Motion for Relief on behalf of the non-custodial parent and serve the custodial parent for the hearing date. If the request has been rejected, a notice will be sent to the non-custodial parent stating the reason for the rejection. It will also inform the non-custodial parent of his/her right to file a self-represented motion with the court. The forms are available on the website or at Family Court.

3.All decisions on whether or not to modify an order rest with the court.

1.22.4Mandatory Reviews

A.Under Federal Regulations and State statutes, a review of an order is required without the need of a request from either parent in the following type cases; except as provided below, all RIW, Medical Assistance Only, and IV-E Foster Care cases where it has been either thirty-six (36) months since the order was entered or thirty-six (36) months since the order was last reviewed.

B.RIW and IV-E Foster Care cases will automatically be referred to Rhode Island Family Court for adjustment hearings when they meet the above criteria. No other criteria need be met before referral to court is made. (see § 1.22.5 of this Part for procedures on intergovernmental cases.)

C.Medical Assistance Only cases will be referred to Rhode Island Family Court only if there is either no court order providing for the health care needs of a child or a cash Medical Support order where it has been either thirty-six (36) months since the order was entered or thirty-six (36) months since the order was last reviewed of a child who is included in the Medical Assistance Only case. (see § 1.22.5 of this Part for procedures on intergovernmental cases.)

D.Cases with characteristics for mandatory review that need not be reviewed are those where:

1.A Case closure criterion exists. (see §§ 1.10.2 and 1.10.3 of this Part.)

2.The youngest child covered by the order is at least seventeen (17) years six (6) months old, and there is no outstanding past due support.

3.There has been a good cause granted in the case for not pursuing child support. (see § 1.3.6 of this Part.)

E.All other cases will be reviewed every three (3) years upon the request of either party or upon the request of the State, and if appropriate, the order will be adjusted in accordance with the child support guidelines if the amount of the child support award under the order differs from the amount that would be awarded in accordance with the guidelines. The adjustment of the order shall be made without the requirement for proof or showing a change in circumstances.

F.In the case of a request for a review before the three (3) year period, the amount of support may, in the court's discretion, be modified if the court finds that a substantial change in circumstances has occurred. The court, in its discretion, may modify a child support order retroactively only to the date that Notice of a Petition to Modify was given to the adverse party if the court finds that a substantial change in circumstances has occurred.

1.22.5Review and Modification – Intergovernmental Cases

A.Rhode Island as the Responding State

1.If all of the parties who are individuals reside in this State and the child does not reside in the issuing State, a tribunal of this State has jurisdiction to enforce and to modify the issuing State's Child Support order in a proceeding to register that order. After a Child Support order in another State has been registered and confirmed in this State, the responding tribunal of this State may modify that order if the above does not apply and, after notice and hearing it finds that the following requirements are met:

a.The child, the individual custodial parent, and the non-custodial parent do not reside in the issuing State;

b.A petitioner who is a nonresident of this State seeks modification; and

c.The respondent is subject to the personal jurisdiction of the tribunal of this State; or

d.The child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this State and all of the parties who are individuals have filed a written consent in the issuing tribunal for a tribunal of this State to modify the support order and assume continuing, exclusive jurisdiction over the order.

2.Modification of a registered Child Support order is subject to the same requirements, procedures and defenses that apply to modification of an order issued by a tribunal of this State and the order may be enforced and satisfied in the same manner.

3.Within thirty (30) days after issuance of a modified Child Support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order has been registered.

4.On issuance of an order modifying a Child Support order issued in another State, a tribunal of this State becomes the tribunal of continuing, exclusive jurisdiction.

5.Any requested review of an order on a RIW case with a UR case status where it has been three (3) years since the order was entered or three (3) years since the last review, will automatically be referred to Rhode Island Family Court for an adjustment hearing. No other criteria for review need be met.

6.Notification requirements and the time frames for completion of reviews are the same as they are for in-State cases. The Office of Child Support Services is responsible for sending any required notices regarding the review to the parent in Rhode Island and to the parent in the initiating State through that State's local enforcement agency.

B.Rhode Island as the Initiating State

1.When acting as the initiating State (UI case status), the Office of Child Support Services must respond to a request for review of the order by evaluating the request to determine whether it should be forwarded to the responding State (the State where the order was entered). The decision whether to forward the request to the responding State is based on the same criteria used in determining whether in-State requests for reviews should be referred to Rhode Island Family Court.

2.Any active RIW, or IV-E Foster Care case where it has been three (3) years since the order was entered or three (3) years since the order was last reviewed, will automatically be referred to the responding State for review. There will be no need to evaluate whether the case should be referred or not. Of course, the decision whether to adjust the order or decide that no adjustment is warranted will rest with the responding State.

3.For MAO cases where it has been three (3) years since the order was entered or three (3) years since the order was last reviewed, the case will only be referred to the other jurisdiction if the existing order does not provide for the health care needs of a child who is included in the Medical Assistance Only household or has a cash Medical Support order that has been entered or has not been reviewed in the past three (3) years.

4.In each of these three (3) types of cases, RIW, MAO, and IV-E Foster Care, the Office of Child Support Services will have met its responsibilities under the Federal Regulations pertaining to the periodic review and adjustment of support orders by making the referral to the other State.

1.22.6Emancipation

Pursuant to Rhode Island law, a child is emancipated upon his or her eighteenth (18th) birthday. However, the court may, if in its discretion it deems it necessary or advisable, order child support and education costs for children attending high school at the time of their eighteenth (18th) birthday and for ninety (90) days after graduation, but in no case beyond their nineteenth (19th) birthday. The court may order child support to continue in the case of a child with a severe physical or mental impairment. Furthermore, a non-custodial parent is obligated to continue paying current child support until s/he has obtained a modification terminating that obligation. Therefore, the Child Support Services agent will continue to enforce an order until such time as notification is received from the Family Court that the order has been terminated.

1.22.7Modification

A.An order may be modified prior to the three (3) year review period if the court finds that a substantial change in circumstances has occurred in accordance with R.I. Gen. Laws § 15-5-16.2.

B.An order may be modified in one (1) of two (2) ways:

1.Filing a Motion to Modify when only a modification is being sought. The non-custodial parent is making payments as ordered;

2.Filing a Motion to Adjudge in Contempt and to Modify, when both a modification and enforcement of the order are needed.

C.In non-assistance (NA) cases, the Child Support agent will get prior approval of the Office of Child Support Services attorney before filing for a modification.

D.Motion to Modify

An income and expense sheet will be served upon the custodial and non-custodial parent along with the Motion to Modify. Both parties are required to complete the form called the Statement of Income and Assets (OCSS-1) and file it with the Court.

E.Motion for Relief

1.If a non-custodial parent has been placed under a child support or medical order, and becomes unemployed or otherwise is receiving no other income or benefits, or he becomes underemployed, the Office of Child Support Services can assist in filing an action to modify called a Motion for Relief. The non-custodial parent may complete a Request to file a Motion for Relief. Legal counsel for the Office of Child Support Services does not legally represent either party.

2.The State of Rhode Island is the moving party.

The non-custodial parent is entitled to relief only as of the date of Notice of the Motion. The Court is prohibited, by law, from giving the non-custodial parent retroactive relief back to the date of unemployment. The motion therefore should be filed immediately upon termination from employment or when the unemployment benefits stop. A hearing date will be assigned. Once before the Court, the non-custodial parent must present the reasons s/he is seeking a modification or suspension of his/her order. The Court will calculate a new order based upon the Child Support Guidelines.

F.Motion to Adjudge in Contempt and to Modify

The Office of Child Support Services may decide when it is appropriate to file a Motion to Adjudge in Contempt and to Modify. The custodial parent does not make that decision but certainly may file the motion at any time as a self-represented litigant. The agent will obtain an arrearage affidavit if appropriate and will follow procedures as outlined under § 1.20.2 of this Part, Contempt Processing.

G.Modification of Order Upon Termination of Rights

1.A termination of parental rights does not necessarily terminate a parent's obligation to pay child support. However, if a child is adopted, a parent's obligation to pay child support is terminated as of the date of adoption.

2.In order to modify a pre-existing Child Support order upon termination of parental rights, the following must occur:

a.The non-custodial parent must file a motion with the Rhode Island Family Court seeking to modify or terminate his or her child support obligation

b.The child has individual interest that must be represented in a child support hearing before the order can be modified. The Office of Child Support Services may request a Guardian Ad Litem to represent the child in a case that the parent is not the recipient of either RIW benefits or Medical Assistance.

c.In accordance with Rhode Island General Law, the Office of Child Support Services will take the position that a Child Support Petition for a child should be terminated upon the date of the child's adoption.

d.The Office of Child Support Services will seek a hearing in these circumstances and will not agree to a suspension of the Child Support order solely because the non-custodial parent's rights have been terminated. The focus of the hearing will be the income and assets of the non-custodial parent and his or her ability to pay child support.

3.In the above circumstances, it is the position of the Office of Child Support Services that it would be contrary to policy to waive any child support arrears that were due prior to the adoption of the child.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.23 Child Support Financial Management

1.23.1Legal Basis

A.Whenever an individual assigns his/her support rights to the State, that assignment constitutes an obligation owed to Rhode Island by the individual responsible for providing such support.

B.Such an obligation is collectible under all applicable State and local processes. Likewise, whenever the Department of Children, Youth and Families (DCYF) or such other department, agency, society, institution or person having the charge, care or custody of a child must pay for the support and maintenance of a child, the parents of the child are liable for the support and maintenance of the child and are liable for the reimbursement to the DCYF or other department, agency, society, institution or person having the charge, care, or custody of a child for the support and maintenance of the child. It is within the discretion of DCYF, in accordance with their policy and Regulations, to determine which cases to refer.

1.23.2Collections by the State

A.The State Disbursement Unit is operated by the Office of Child Support Services and utilizes the automated procedures, electronic processes, including electronic funds transfer (EFT) provisions and computer driven technology for the collection and disbursement of support payments, including procedures for receipt from parents, employers and other States, and for disbursement to custodial parents and other custodial parents for:

1.Accurate identification of payments;

2.To ensure prompt disbursement of the custodial parent's share of any payment; and

3.To furnish any parent, upon request, timely information on the current status of support payments.

B.The Office of Child Support Services shall distribute all amounts payable within two (2) business days after receipt from the employer or other source of periodic income. In cases in which support is assigned to the State and where there is an existing Child Support order made payable to the custodial parent, after notice to the non-custodial parent and custodial parent, the State Disbursement Unit shall direct the non-custodial parent through a wage withholding order to change the payee to the appropriate in-State or intergovernmental government entity without the necessity for a court order or hearing.

C.Arrearage

An arrearage is a debt that results because of an unpaid support obligation. An arrearage accrues at the rate of the unpaid periodic child support amount.

D.Unreimbursed Assistance

The Department of Human Services shall not seek reimbursement for RIW remitted either from the custodial or non-custodial parent, except in cases of fraud.

E.Interest on Arrearages

All alimony and support obligations established under R.I. Gen. Laws Chapter 15-5 that are in arrears shall be subject to the imposition of interest at the rate of one percent (1%) per month on the unpaid balance.

F.Fees

1.A fee represents an amount due as payment for services rendered.

2.IV-D fees include but are not limited to DNA testing fees, non-assistance (NA) fees, and services for location only.

1.23.3Verification of Child Support Payments

A.When calculating a child support debt, the Child Support Services agent will document any information used to determine the debt amount. In addition, s/he will explain how, why, and when the information was obtained and exactly what it verifies.

B.The following resources can be used in calculating the amount of child support owed:

1.The amount of assistance paid on behalf of the payee and each child;

2.The amount of court ordered support due. This will be calculated by using the original court order and any subsequent modifications;

3.The non-custodial parent's payment receipts, the custodial parent's Affidavit of Arrearage, and/or the court payment records.

1.23.4Distribution

A.Distribution refers to the act of collecting child support payments and disbursing those payments to the proper individual or agency.

B.Prior to October 1, 1998, for purposes of distribution in IV-D cases, amounts collected, other than collections made through Federal or State income tax offset, are treated first (1st) as payment on the required child support obligation for the month in which the support was collected, next applied to any applicable "A" (RIW) arrearage, and then "N" (Non-RIW) arrearage.

C.Amounts collected through Federal and State income tax refund offset must be applied to arrears owed to the State ("A"), then applied to arrears owed to the custodial parent ("N"), unless otherwise specified in a support order(s).

D.On or after October 1, 1998, distribution is subject to new criteria based on the custodial parent's RIW or former RIW status, assignment requirements, and priority ordering of arrearages as outlined in the following subsections.

E.The Office of Child Support Services will re-process child support collections under the(se) new Rules, and to the extent that additional monies are owed to families, such payments will be authorized. If families are adversely affected by the new Rules, no amount will be owed for any collection made prior to July, 1999.

F.Date of Collection

This section is divided into policy and procedures to be followed based on support collected before October 1, 1998 and on or after October 1, 1998.

1.Support collected before October 1, 1998:

a.Intergovernmental Cases

(1)For collection and distribution purposes, an intergovernmental case is one in which one (1) of the parties resides in Rhode Island and the other resides out-of-state. The following Rules shall be used for determining the date a child support payment is made by a non-custodial parent in intergovernmental cases:

(AA)The date of collection for distribution purposes in IV-D intergovernmental cases shall be the date on which the payment is received by the IV-D agency in Rhode Island or the legal entity of any State or political subdivision actually making the collection, whichever is earliest. For intergovernmental cases, the responding IV-D agency must include sufficient information to identify the case and indicate when the payment was received at the initial point of receipt by the IV-D agency or legal entity of the State or political subdivision actually making the collection, whichever is earlier. In the absence of sufficient information, the Office of Child Support Services must promptly obtain this data.

(BB)When the custodial parent turns in support payments which were received directly from the non-custodial parent, the Office of Child Support Services will use the date on the check or money order as the date of collection unless the custodial parent can provide proof that the payment was made at another time. If the support payments were forwarded to the custodial parent from another jurisdiction, the Office of Child Support Services must contact the other jurisdiction to ascertain the date the collection was made in that jurisdiction.

b.In-State Cases

(1)An in-state case is one in which both parties reside in Rhode Island. The following rules shall be used for determining the date a child support payment is made by a non-custodial parent in in-state cases:

(AA)With respect to in-state payments made through wage or other income withholding that are received by the IV-D agency, the date of collection for distribution purposes shall be the date the wages or other income are withheld (pursuant to a court or administrative order for income withholding) to meet the support obligation. If the employer fails to report the date of withholding, the IV-D agency must reconstruct that date by contacting the employer, or comparing actual amounts collected with the pay schedule specified in the court or administrative order;

(BB)With respect to in-state payments (except for tax offset, income withholding collections, and payments made in person at the Rhode Island Family Court or any DHS office), the date of collection for distribution purposes shall be the date the payment is mailed as evidenced by a legible United States Postal Service postmark or a legibly dated receipt from a commercial carrier. For payments made in person at the Rhode Island Family Court or any DHS office, the date of collection is the date the payment is tendered;

(CC)The policy on support payments made directly to the custodial parent from either the non-custodial parent or another jurisdiction is the same for in-state cases as it is for intergovernmental cases. (See above policy for intergovernmental cases.)

(DD)If none of the above is applicable, the date of collection shall be the date the payment was actually received by the Department of Human Services or its agent, Rhode Island Family Court.

2.Support Collected on or After October 1, 1998:

For support collected on or after October 1, 1998, the date of collection is, for amounts collected and distributed under title IV-D of Social Security Act, 42 U.S.C. Chapter 7, the date of receipt by the State Disbursement Unit, except when current support is withheld by an employer in the month when due and is received by the State Disbursement Unit in a month other than the month due. When this occurs, the date of withholding is deemed to be the date of collection.

G.Payment Received

1.Prior to October 1, 1998

Any amount collected in a month is considered payment on the required support obligation for the month in which the support was collected and will be sent to the family within fifteen (15) calendar days of the date of initial receipt by the State.

2.On or after October 1, 1998

Any amount collected is distributed according to the order of distribution based on the family's RIW, non-RIW, or former RIW status as outlined in § 1.23.4 of this Part and any payment distributed to the family shall be sent to the family within two (2) business days of the determination that the amount is due and owing.

H.Distribution for Current RIW Recipients

1.All child support amounts collected, except for amounts collected through Federal income tax refund offset, must be treated first (1st) as payment on the required support obligation for the month in which the support was collected and if any amounts are collected which are in excess of such amount, these excess amounts shall be treated as amounts which represent payment on the required support obligation for previous months.

2.The State shall retain all collections of child support up to the amount of unreimbursed assistance while a family receives cash assistance under the RIW Program.

3.Any collections on or after October 1, 1998 shall be distributed in the following order, to satisfy:

a.Current support and, as appropriate, current spousal support;

b.RIW arrears, temporary arrears, and spousal arrears;

c.MA reimbursement;

d.Non-assistance arrears if there are active SSI children;

e.Non-MA reimbursement.

4.Hard-copy reports of cases receiving Excess of Grant payments and Excess of Unreimbursed Assistance payments are generated monthly electronically and placed in the document repository.

5.If the IV-A agency determines amounts are sufficient to make families ineligible for an assistance payment, the agency representative closes the case. The eligibility system automatically codes the case as “Non-assistance” and issues a Continuation of Services letter explaining that the Child Support Services agency will continue to provide IV-D services.

6.In any case in which direct support payments are received by a RIW recipient with respect to whom an assignment is in effect, such payments shall be endorsed over to the Office of Child Support Services or Family Court, as appropriate, and not retained by the family.

I.Payment of Pass Through to RIW Families

1.All child support collections made on behalf of current RIW custodial parents shall be retained by the State up to the cumulative amount of unreimbursed assistance.

2.For any month in which a non-custodial parent makes a child support payment in the month when due and the support is collected by the Office of Child Support Services for a child or children receiving RIW cash assistance, the first fifty dollars ($50.00) of the child support payment, or the actual amount of the child support payment if the payment is less than fifty dollars ($50.00), shall be paid to the family in which the child resides. If more than one (1) non-custodial parent makes a child support payment to children living in the same family, there shall be only one (1) payment not to exceed fifty dollars ($50.00) paid to the family from the child support collected. This payment is known as the "pass through" payment and shall be sent to the family within two (2) business days of the determination of the amount that is due and owing and no later than within two (2) business days of the end of the month in which the support was collected.

3.Pass through payments are excluded from income in calculating the family's RIW cash assistance amount. However, the fifty dollars ($50.00) pass through is counted as income in the Food Assistance Program.

J.Payment in Excess of Grant

1.Any amount collected during the month which represents payment on the required support obligation for that month, and is in excess of the fifty dollars ($50.00) pass through, shall be retained by the State to reimburse, in whole or in part, the assistance payment for the month in which the support was collected.

2.If the monthly amount owed and collected is greater than the assistance payment for the month, DHS authorizes payment to the family an amount equal to the difference between the assistance payment for the month and the court ordered amount for that month. This payment will be made in the month following the month in which the amount of the collection was used to re-determine eligibility for a RIW payment. If the court-ordered amount is less than the RIW payment, no amount shall be paid to the family. In cases in which there is no court order, the family shall not be paid any amount under this section.

3.Any month in which the amount collected exceeds the current support due, the State will retain such amount as reimbursement of past assistance payments up to the cumulative amount of unreimbursed assistance.

4.Any payment made under this section must be sent to the family within two (2) business days of the determination that the amount is due and owing.

K.Future Payments

If an amount collected represents payment on the required support obligation for future months, the amount will be applied to future months only after amounts which have been collected fully satisfy the support obligation assigned for the current month and all past months.

L.Federal or State Tax Offset-Active RIW Cases

1.Prior to October 1, 1998, amounts collected through Federal or State tax offset are applied first to RIW arrears. Any balance remaining is applied to the past-due support owed to the family in the amount certified to the Federal and State governments.

2.Any collection received as a result of Federal or State income tax refund offset, which is due to a RIW family, must be sent within thirty (30) calendar days of the date of initial receipt by the IV-D agency.

3.For amounts collected under Federal income tax offset on or after October 1, 1998, the amount collected in active RIW cases will be distributed as outlined below. Any collection received from tax offset, which is due to a RIW family, must be sent within two (2) business days of receipt.

4.The State shall retain all collections of child support while a family receives cash assistance under the RIW Program. Any collections from Federal income tax offset on or after October 1, 1998 shall be distributed in the following order, to satisfy:

a.RIW arrears;

b.Temporary arrears;

c.Spousal arrears;

d.Reimbursement; and

e.Non-assistance arrears if there are active SSI children.

5.Amounts collected through State income tax offset will be applied and distributed in accordance with § 1.23.4(G) of this Part.

M.Payment in Excess of Required Support

1.Prior to October 1, 1998

Any amount collected in a month which exceeds the required monthly support amount is treated as payment on the required support obligation for previous months (past-due support). The State will retain such amounts to satisfy arrears that have accrued while the family was on assistance when:

a.There is no specific arrears order on the case; or

b.There is no arrearage priority set on the case to distribute to non-RIW arrears first.

2.After October 1, 1998, any amount collected in excess of the required current monthly support obligation for active RIW cases and for former RIW cases, as outlined in § 1.23.4(G) of this Part.

N.Former Aid to Families with Dependent Children (AFDC)/RIW Cases

1.Prior to October 1, 1998

a.When a family ceases to receive RIW, amounts collected that represent payment on the current support obligation will be sent to the family within fifteen (15) calendar days of the date of initial receipt in the State.

b.However, support collected in a month after any month in which the support collected made the family ineligible for an assistance payment, but prior to or in the month in which the family receives its last assistance payment, shall be used to reimburse the State for any assistance paid in such months with any excess being paid to the family. This provision will not apply when a hearing is requested pursuant to 45 C.F.R. § 205.10. In these cases, when the hearing results in a determination that the family was ineligible for an assistance payment, the Office of Child Support Services will:

(1)Determine the total amount of support paid in the last month assistance was paid;

(2)Determine the total amount of assistance paid in the month; and

(3)Pay the excess amount to the family.

c.If the family is determined to be eligible for assistance, distribution will continue as outlined in § 1.23.4(G) of this Part.

2.On or after October 1, 1998

Other than collections through Federal income tax refund offset, the State will:

a.Distribute the amount collected to satisfy the current monthly support obligation and pay that amount to the family;

b.Distribute any amount above the current monthly support obligation to satisfy never-assigned arrearages and pay that amount to the family;

c.Distribute any amount in excess of the amounts distributed in a. and b. to satisfy unassigned pre-assistance arrearages and conditionally-assigned arrearages and pay that amount to the family.

d.Distribute any amount above amounts distributed in §§ 1.23.4(N)(2)(a) through (c) of this Part to satisfy permanently-assigned arrearages.

e.Reduce the cumulative amount of unreimbursed assistance by the total amount distributed under § 1.23.4(N)(2)(d) of this Part, distribute collections exceeding the cumulative amount of unreimbursed assistance to satisfy unassigned during-assistance arrearages and pay those amounts to the family.

O.Federal or State Tax Offset-Former RIW Cases

1.Prior to October 1, 1998

a.Amounts collected through Federal or State tax offset are applied first to RIW arrears. Any balance remaining is applied to the past-due support in the amount certified to the Federal and State governments.

b.Any collection received as a result of Federal or State income tax refund offset that is due to a family must be sent within thirty (30) calendar days of the date of initial receipt by the IV-D agency.

2.On or After October 1, 1998

Any collection received from tax offset that is due to a custodial parent must be sent within two (2) business days of receipt. The amount collected in former RIW cases are distributed as outlined below, to satisfy:

a.RIW arrears and conditional arrears;

b.Reimbursement, not including past liability;

c.Non-assistance arrears and unassigned during assistance arrears;

d.Past liability; and

e.Spousal arrears.

3.Amounts collected through State income tax offset will be applied and distributed in accordance with § 1.23.4(G) of this Part.

P.Never-Assistance Cases

1.Prior to October 1, 1998

a.All support collected is first applied to the required support obligation for the month in which the support is collected and is sent to the family within fifteen (15) calendar days of the date the collection is received by the Family Court.

b.Any amount collected in excess of the required current support amount is applied to past-due support. Payments are sent to the family within fifteen (15) calendar days of the date the collection is received by the State.

2.On or after October 1, 1998

All support collections must be paid to the family within two (2) business days.

Q.Foster Care Distribution

1.For distribution purposes, amounts collected in Foster Care maintenance cases shall be treated first as payment on the required support obligation for the month in which the support was collected and if any amounts are collected which are in excess of such amount, these excess amounts shall be treated as amounts which represent payment on the required support obligation for previous months.

2.Effective June 9, 1988, the date of collection shall be the date on which the payment is received by the Office of Child Support Services or the legal entity of any State or political subdivision actually making the collection, whichever is earliest. In any case in which collections are received by an entity other than the agency responsible for final distribution under this section, the entity must transmit the collection within ten (10) days of receipt.

3.Payment Received

Any amount collected in a month which represents payment on the required support obligation for that month will be retained by the State to reimburse itself for foster care maintenance payments.

4.Payment in Excess of Required Support

a.If the amount collected is in excess of the monthly amount of the foster care maintenance payment but is not more than the monthly support obligation, the State will pay the excess to the State agency responsible for supervising the child's placement and care.

b.If the amount collected exceeds the amount required to be distributed as described above, but is not greater than the total unreimbursed foster care maintenance payments provided or unreimbursed assistance payments the State will retain the excess to reimburse itself for these payments. If past foster care payments are greater than the total support obligation owed, the maximum amount the State may retain as reimbursement for such payments is the amount of such obligation.

c.If amounts are collected which represent the required support obligation for periods prior to the first (1st) month in which the family received public assistance or foster care maintenance payments, such amounts may be retained by the State to reimburse the difference between such support obligation and such payments.

d.Any balance remaining is paid to the State agency responsible for supervising the child's placement and care and is used to serve the best interest of the child.

5.Future Payments

If an amount collected as support represents payment on the required support obligation for future months, the amount will be applied to those future months. However, no amounts can be applied to future months unless amounts have been collected which fully satisfy the support obligation for the current month and all past months.

6.Foster Care Maintenance Payments Cease

When a State ceases making foster care maintenance payments the assignment of support rights terminates except for the amount of any unpaid support that accrued under the assignment. The Office of Child Support Services will attempt to collect such unpaid support.

7.Intergovernmental Cases

When a non-custodial parent is making payments to one (1) State IV-D agency for a family residing in another State, amounts collected by the responding agency must be forwarded to the initiating State within fifteen (15) calendar days of the initial point of receipt in the responding State. Amounts will be distributed as outlined within this section.

1.23.5SSI Child Having Special Needs

A.Title XVI of the Social Security Act provides funding to States to pay benefits to indigent, aged, blind, and/or disabled individuals. This program, known as Supplemental Security Income, is commonly referred to as SSI. There may be instances in which an SSI child is a member of a family where all other members are eligible for and in receipt of RIW benefits.

B.The SSI child is not included in the RIW grant and his/her resources are not included in determining RIW eligibility.

C.The SSI child is not included in any assignment of support rights and therefore, support received on behalf of an SSI child cannot be retained by the State and must be disbursed to the family. Distribution of support must occur within five (5) days of receipt by the Office of Child Support Services according to the requirements outlined below:

1.If the SSI child is the only person covered by the support order, one hundred percent (100%) of the support collected shall be paid to the custodial parent.

2.If the SSI child is not the only person covered by the child support order, a per capita proportion of the amount collected shall be paid to the custodial parent, unless otherwise specified in the court order.

D.Child support distributed to a custodial parent on behalf of an SSI child is not considered income for purposes of determining RIW eligibility or payment level for members of the RIW household. However, child support distributed to a custodial parent on behalf of an SSI child is considered unearned income in the Food Assistance Program.

E.The Office of Child Support Services will provide to the custodial parent of an SSI child a monthly statement that discloses the amount of child support collected and distributed during the month on behalf of the child. The statement includes notification of the custodial parent's right to a hearing with regard to disputes involving the collection and distribution of the child support.

1.23.6Recovering Erroneously Disbursed Support

A.Mispostings/Overpayments

1.Erroneously disbursed support payments are those payments collected by Office of Child Support Services and distributed in error to a custodial parent for a variety of reasons. It may occur because the posting was made to the wrong child support account or the payment may have been received and posted at an incorrect date or amount. When signing an application for child support services, or accepting benefits through the RI Works program, the custodial parent has agreed that child support distributed in error will be repaid from future child support at the rate of twenty-five percent (25%) per future child support payment until the overpayment is paid in full. There is no need to have the custodial parent sign a separate agreement permitting OCSS to recoup.

2.Whenever the Office of Child Support Services discovers that an erroneous amount of support has been disbursed to a custodial parent that results in an overpayment, the Office of Child Support Services shall recoup the overpayment at the rate of twenty-five percent (25%) per payment.

B.A notice will be sent to the custodial parent to advise that:

1.Twenty-five percent (25%) of each future child support payment will be retained until the overpayment is recouped; and

2.That full repayment may be made within thirty (30) days of the date of the notice in lieu of the weekly twenty-five percent (25%) recoupments.

C.Any notice to the custodial parent about recovery of erroneously disbursed support will also inform him/her of:

1.The right to an informal review with Office of Child Support Services to discuss the overpayment. This meeting will allow the custodial parent to discuss any disagreement about the correctness of the overpayment without the need to file for a formal, administrative hearing.

2.The right to an administrative hearing. This may be requested regardless of whether the custodial parent has had an informal meeting with Office of Child Support Services as described in the preceding paragraph.

1.23.7Insufficient Funds (Bounced Check)

A.If an employer or non-custodial parent makes a child support payment via a check, which is then posted to the Child Support case, disbursed to the custodial parent via KIDS card or via direct deposit to his/her checking account, and it is later found to have insufficient funds, those funds must be recouped from the non-custodial parent or employer. OCSS will send a notice requesting that the employer or non-custodial parent remedy the situation by sending a money order or certified check for that payment and any future payments to be made. The notice shall advise the non-custodial parent that the amount of past due support shall be increased by the amount of the payment made with insufficient funds and all enforcement actions shall apply. The notice shall outline the procedures for filing a request for an administrative hearing to contest the action.

B.The State reserves the right to file a Motion to Adjudge the appropriate party in contempt and to refer the matter to the Attorney General’s Office for possible criminal prosecution.

C.If the child support payment was disbursed to the Kids Card or via direct deposit to the custodial parent’s checking account within five (5) days of discovery, the OCSS reserves the right to reverse the payment.

1.23.8Recovering Tax Offsets

A.Whenever either the Federal Internal Revenue Service (IRS) or the State Division of Taxation requires the Office of Child Support Services to return all or a part of a tax refund intercepted by the IRS or the State Division of Taxation which had been sent to Office of Child Support Services by either of these tax collection agencies, and subsequently disbursed by Office of Child Support Services to a custodial parent in accordance with Federal or State tax refund offset requirements, the Office of Child Support Services shall:

1.Provide notice to the custodial parent that IRS or the State Division of Taxation has demanded a return of all or a part of the tax refund that was intercepted.

2.Indicate in the notice the amount of the refund being requested to be returned, and the date of the disbursement to the custodial parent.

3.If the refund has been deposited to the Kids Card or via direct deposit to the custodial parent’s checking account, and the reversal occurs within five (5) days, the OCSS will reverse the payment.

4.Notify the custodial parent that the amount shall be recouped at the rate of twenty-five percent (25%) of each future child support payment if the total amount of the tax refund intercept that is being requested by either IRS or the State Division of Taxation, within thirty (30) days of the date of the notice.

B.Tax refund intercepts that are sent to custodial parents erroneously because of mispostings to accounts will be recovered under the procedures outlined in § 1.23.6 of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.24 Hearing and Post Hearing Activities

After the hearing, the Office of Child Support Services staff will enter the order on the State’s electronic system, generate a copy for mailing for each party, respective attorneys, intergovernmental agency if appropriate, and for filing with the Court.

1.24.1Body Attachments

A.Issued

The Family Court Judge/Magistrate may issue a warrant for a body attachment when a non-custodial parent/alleged parent or custodial parent fails to appear in court. The warrant instructs the Sheriff or Constable to apprehend the individual for the purpose of bringing him/her to court.

B.Executed

1.When a body attachment is executed (defendant is apprehended by the Sheriff), the individual is either taken:

a.Directly to court, if it is in session; or

b.To the ACI until the next session of court;

2.The Family Court will execute the body attachment and may address the underlying motion pending before the court on that date or schedule the matter for a hearing.

C.Withdrawn

When the individual appears on his/her own, the Judge/Magistrate will withdraw the order.

1.24.2Constable Service

The Office of Child Support Services enters into service contracts with Constables who are independent contractors for the purpose of process service.

B.All Constables must:

1.Be licensed by the Chief Judge of the Rhode Island District Court and by the Chief Judge of the Family Court as required by law;

2.Have a bond for District Court and Family Court with sufficient sureties in the sum of five thousand dollars ($5,000.00) for the faithful performance of the duties of his/her office;

3.Comply with any and all administrative requirements set by either the District Court or Family Court; and

4.Comply with any and all Rules and procedures established by OCSS.

1.24.3Notice and Hearing Procedures

A.Notice

1.The Office of Child Support Services shall provide a monthly notice either (computer generated) or an electronic notice to RIW recipients and non-assistance (NA) recipients for whom a child support obligation has been established, and for whom a child support collection has been made.

2.The monthly notice shall specify at a minimum the amount of support paid, the date such payment was made, the date such payment was received by the Office of Child Support Services or the Rhode Island Family Court, the date and amount of pass through and/or child support paid to the RIW custodial parent, and an explanation of the recipient's rights to a hearing, which must be requested within thirty (30) days of the date of the notice. When a pass through payment is not sent to a recipient in a particular month, the monthly notice will include an explanation as to why it was not made. A hearing request form is enclosed with the monthly notice.

B.Hearing Request

The following constitute the Office of Child Support Services hearing procedures:

1.The recipient of the monthly notice will mail the request form to the Office of Child Support Services Business office, 77 Dorrance Street, Providence, RI 02903. The form will be date stamped and logged in a central location by the Business Office. The Business Agent shall research the records to determine all pass through payments made for the months the recipient was on RIW, if applicable. The agent shall refer the hearing request form packet to the EOHHS Legal Unit for scheduling of a hearing, indicating in their log the date the matter was so referred;

2.EOHHS staff will date stamp the packet, log the case in a central log, and schedule the matter for hearing. A notice shall be mailed to the custodial parent advising her/him of the hearing date. Notice of scheduled hearings shall be given to OCSS;

3.The business officer or other Office of Child Support Services representative will be present and will be available to answer the custodial parent's relevant questions relating to the information provided to the custodial parent in the monthly notice. The custodial parent will then have an opportunity to present when s/he believed s/he should have received a child support payment and/or pass through in a given month. The business officer or other Office of Child Support Services representative will then be given an opportunity to respond by presenting testimony and/or evidence with respect to the child support and/or pass through payments and periods contested by the custodial parent;

4.The hearing officer may, in his or her discretion, grant a continuance to any party for good cause, including, but not limited to, a party's reasonable request to obtain, review, and present additional relevant evidence. The custodial parent will be advised s/he will receive a written decision by mail within thirty (30) days following the close of the hearing;

5.A decision letter will be prepared by the EOHHS hearing officer. The original will be sent to the custodial parent, with copies to her or his representative, master file, hearing file, and business office;

6.Any person who has exhausted all available administrative remedies, and who is aggrieved by a final order of the agency, is entitled to judicial review pursuant to R.I. Gen. Laws § 42-35-15. If a custodial parent appeals the decision of the hearing officer to the Superior Court, the hearing officer will be responsible to obtain a transcript of the hearing, assemble the evidence (exhibits), and forward the material to the Chief Legal Counsel, Office of Child Support Services.

C.Kenyon Notice and Hearing Procedures

The Department of Human Services, as a result of Federal Court Civil Action, No. 89-0553P, Kenyon et al v. Sullivan, has been ordered to provide special notices to recipients. The Court required that all members of the Kenyon class (all individuals who received AFDC and for whom the State was collecting child support from 1984 forward) be notified by mail and publication of their right to an accounting and hearing. Accordingly, the DHS Rhode Island Child Support Services Agency has implemented the normal procedures for requesting an appeal with the OHHS Legal Office.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

218-RICR-30-00-1 § 1.25 Legal Representation

A.In any legal proceeding, legal counsel for the Child Support agency shall represent the Office of Child Support Services or, when acting on behalf of the Department of Children, Youth and Families, Department of Human Services, or other State agency, shall represent the interests of those entities. The attorneys do not represent the interest of any individual person (R.I. Gen. Laws Chapter 15-30).

B.There is no attorney-client relationship between legal counsel and either party. The Department shall provide specified services to both the custodial and non-custodial parents. Either party may retain representation by a private counsel. Each party applying for services shall be given a notice regarding legal representation.

C.For those existing cases where a prior attorney-custodial parent relationship was established, appropriate notice as described above and a waiver regarding legal representation shall be mailed. No further services will be rendered until the waiver is returned. Legal counsel shall either withdraw as counsel, or, upon receipt of a signed waiver, continue to provide services only. However, in no event will legal representation continue.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2021-01-01 to 01/04/2022
• EMERGENCY RULE Amendment — effective from 2020-09-17 to 01/01/2021
• Amendment — effective from 2019-06-06 to 09/17/2020
• Amendment — effective from 2019-03-29 to 06/06/2019
• Amendment — effective from 2018-01-30 to 03/29/2019
• Technical Revision — effective from 2012-09-19 to 01/30/2018
• Amendment — effective from 2012-09-19 to 09/19/2012
• Amendment — effective from 2010-04-01 to 09/19/2012
• EMERGENCY RULE Amendment — effective from 2009-10-01 to 04/29/2010
• Amendment — effective from 2009-09-29 to 04/01/2010
• Amendment — effective from 2008-06-05 to 09/29/2009
• EMERGENCY RULE Amendment — effective from 2008-03-01 to 06/05/2008
• Technical Revision — effective from 2008-01-10 to 06/05/2008
• Amendment — effective from 2008-01-01 to 01/10/2008
• Technical Revision — effective from 2006-12-01 to 01/01/2008
• Amendment — effective from 2006-10-01 to 12/01/2006
• Amendment — effective from 2004-12-21 to 10/01/2006
• EMERGENCY RULE Adoption — effective from 2004-08-12 to 12/21/2004
• Amendment — effective from 2004-03-30 to 08/12/2004
• Amendment — effective from 2002-12-10 to 03/30/2004
• Amendment — effective from 2002-12-10 to 12/10/2002
• Amendment — effective from 2002-06-27 to 12/10/2002
• Periodic Refile — effective from 2002-01-02 to 06/27/2002

Chapter 40 Division of Elderly Affairs

Subchapter 00

218-RICR-40-00-1 Rules and Regulations Governing the Long Term Care Ombudsperson Program

218-RICR-40-00-1 § 1.1 Introduction

A.These Rules and Regulations Governing the Long Term Care Ombudsperson Program are promulgated pursuant to the authority conferred under R.I. Gen. Laws § 42-66.7-12, as amended, for the purpose of adopting prevailing standards for the implementation and enforcement of the long term ombudsperson program including, but not limited to, the procedures for the receipt, investigation and resolution, through administrative action, of complaints filed by residents of long term care facilities, individuals acting on their behalf or any individual organization or government agency that has reason to believe that a long term care facility, organization or government agency (which government agency is responsible for the regulation, inspection, visitation, or supervision of facilities or which provides services to residents of facilities) has engaged in activities, practices or omissions that constitute a violation of applicable statutes or regulations or that may have an adverse effect upon the health, safety, welfare, rights or the quality of life of residents of long term care facilities.

B.Pursuant to the provisions of the Administrative Procedures Act, the following were given consideration in promulgating these regulations:

1.alternative approaches to the regulations; and

2.duplication or overlap with other state regulations.

3.Based upon available information, no alternative approach, duplication, or overlap was identified.

4.These regulations are adopted in the best interest of the health, welfare, and safety of Rhode Island’s seniors.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-05-19 to 01/04/2022
• Amendment — effective from 2017-05-19 to 05/19/2017
• Adoption — effective from 2014-07-07 to 05/19/2017

218-RICR-40-00-1 § 1.2 Definitions

1.2.1 Definitions

A.For the purpose of these rules and regulations, the following words and phrases shall be construed as follows:

1.An “act” of any facility or government agency includes any failure or refusal to act by any facility or government agency.

2.“Client” and “Resident”, as used herein, shall have the same meaning.

3.“Department” means the Rhode Island Department of Human Services, Division of Elderly Affairs.

4.“Director” means the Director of the Division of Elderly Affairs or his/her designated agent.

5.“Division” means the Division of Elderly Affairs.

6.“Elderly” means any individual sixty (60) years of age or older who is a resident of any facility.

7.“Facility” means any facility or institution, home care provider, home hospice care provider or home nursing care provider, whether public or private, offering health or health related services for the institutionalized elderly, and which is subject to regulation, visitation, inspection, or supervision by any government agency. “Facilities” include, but are not limited to, nursing homes, intermediate care facilities, extended care facilities, convalescent homes, rehabilitation centers, home care agencies, homes for the aged, veterans' homes, boarding homes, and adult supportive care, residential care and assisted living residences.

8.“Financial interest” means an ownership interest or investment in a facility by a representative of the Office or a relative of the representative of the Office.

9.“Governing body” means

a.a public agency within which the Office is located; or

b.the board of directors of any non-profit organization within which the Office is located, however named, charged with overall responsibility for the activities of the organization, as delineated in its articles of incorporation, by-laws and/or other legally adopted document(s) related to the organization’s governance.

10.“Government agency” means any federal or state agency responsible for the administration of benefits to the elderly. This shall include, but not be limited to, any such agency responsible for the administration of programs affecting residents of long term care facilities.

11.“Immediate family” pertaining to conflicts of interest as described in § 712(a)(5) of the Older American Act, 42 U.S.C. § 3058g, as amended, means a member of the household or a relative with who there is a close personal or significant financial relationship.

12.“Interfere” means willing and continuous conduct which prevents the ombudsperson from performing her or his official duties.

13.“Legal Representative” means a guardian appointed by a court of competent jurisdiction or the holder of a valid power of attorney with the authority to act on the matter at issue as specifically set forth in that power of attorney.

14.“Office of the State Long Term Care Ombudsperson” or “Office” means the organizational unit headed by the State Long Term Care Ombudsman, including the representatives of the Office.

15.“Official duties” means responsibilities pursuant to the long term care ombudsperson program authorized by the federal Older Americans Act or the long term care ombudsperson program authorized by state law and carried out under the auspices and general direction of the state long term care ombudsperson.

16.“Ombudsperson” shall have the meaning set forth in § 1.3.1 of this Part below.

17.“Person” means any individual, trust, or estate, partnership, limited liability corporation, corporation (including associations, joint stock companies, and insurance companies), state, or political subdivision or instrumentality of a state.

18.“Public agency” means any department, division, office, bureau, board, commission, authority, or any other agency or instrumentality created by any municipality or by the state, or to which the state is a party.

19.“Relative” means a member of the immediate family.

20.“Remedy” means an action, restriction of action, restriction of contact, or other means proposed to the Division that would neutralize a conflict of interest and ensure that the conflict will not adversely influence the activities of the representative on behalf of the Office.

21.“Representatives of the Office of the Long Term Ombudsman or “Representative” means the employees or volunteers designated by the Ombudsperson to fulfill the duties set forth in R.I. Gen. Laws Chapter 42-66.7, as amended, as well as in § 712 of the Older Americans Act, as amended, 42 U.S.C. § 3058g.

22.“Resident” means any individual age sixty (60) years of age or older who is receiving treatment, care, or housing in any facility in all of its aspects including, but not limited to, admission, retention, confinement, period of residence, transfer, discharge, and in any instances directly related to that status. Residents include patients and clients. Residents shall also include disabled individuals under sixty (60) years of age residing in nursing homes, or clients of residential and assisted living facilities and home care providers/home hospice care providers/home nursing care providers and long term care units at the Eleanor Slater Hospital, including the Zambarano facility.

23.“Waiver” means the Division has determined that sufficient circumstances exist to eliminate a conflict of interest and the need to remedy a conflict of interest.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-05-19 to 01/04/2022
• Amendment — effective from 2017-05-19 to 05/19/2017
• Adoption — effective from 2014-07-07 to 05/19/2017

218-RICR-40-00-1 § 1.3 General Requirements

1.3.1Establishment of the Program

A.Pursuant to R.I. Gen. Laws Chapter 42-66.7, the Rhode Island General Assembly established a program of the long term care ombudsperson to be administratively attached to the Division in accordance with its mandate under R.I. Gen. Laws § 42-66-4, as amended, and the Older Americans Act, 42 U.S.C. § 3001 et seq.

B.The purpose of the program is:

1.advocating on behalf of residents and identifying, investigating and resolving through mediation, negotiation, and administrative action complaints filed by residents or individuals acting on their behalf; and

2.identifying, investigating and resolving through mediation, negotiation, and administrative action complaints filed by any individual organization or government agency that has reason to believe that a long term care facility, organization or government agency (which government agency is responsible for the regulation, inspection, visitation, or supervision of facilities or which provides services to residents of facilities) has engaged in activities, practices or omissions that constitute a violation of applicable statutes or regulations or that may have an adverse effect upon the health, safety, welfare, rights or the quality of life of residents of long term care facilities.

C.The Division shall carry out the program through the establishment and operation of an office of long term care ombudsperson (the “Office”).

1.The Division may operate the Office and carry out the program, directly and/or by contract or other arrangement with any public agency or non-profit organization.

2.The Division may not enter into such contract or other arrangement with:

a.an agency or organization that is responsible for licensing or certifying long term care services in the State; or

b.an association (or an affiliate of such an association) of long term care facilities or of any other residential facilities for older individuals.

D.The Office shall be headed by an individual, to be known as the ombudsperson (the “ombudsperson”), who shall be selected from among individuals with expertise and experience in the fields of long term care and advocacy.

1.The ombudsperson shall serve on a full-time basis, and shall, personally or through representatives of the Office, perform the functions and duties set forth in R.I. Gen. Laws Chapter 42-66.7, as amended, as well as in § 712 of the Older Americans Act, 42 U.S.C. § 3058g, as amended.

2.“Full-time basis” means that the ombudsperson position is full-time and the individual who serves as the ombudsperson has no duties other than those set forth in the immediately preceding sentence.

3.The ombudsperson shall not be the chief executive officer or executive director (or any individual holding an equivalent office) of any public agency or non-profit organization.

1.3.2Nondiscrimination and Civil Rights Policy

The ombudsperson shall be responsible for maintaining a policy of nondiscrimination in the provision of services to participants and in the employment of staff without regard to race, color, creed, national origin, gender, sexual orientation, age, or disability, in accordance with all applicable state and federal statutes, regulations, and local ordinances.

1.3.3Compliance with All Laws, Codes, Rules and Regulations

The ombudsperson shall be responsible for complying with all local, state, and federal laws, codes, rules and regulations that apply to the Office. The governing body of an organization outside of the Division within which the Office is situated shall be responsible for ensuring that the ombudsperson performs his or her duties in compliance with all local state, and federal laws, codes, rules and regulations that apply to the Office.

1.3.4Annual Reporting

A.The ombudsperson shall submit an annual report of the activities of the Office and the ombudsperson's activities concerning facilities and the protection of the rights of residents of the facilities with the federal Assistant Secretary for Aging, Director, Governor, General Assembly, Director of the Rhode Island Department of Health, Chair of the Long Term Care Coordinating Council and all other appropriate governmental entities.

B.The annual report shall:

1.Describe the activities carried out by the Office in the year for which the report is prepared;

2.Contain and analyze the data collected in accordance with The Older Americans Act, § 712(c)(1);

3.Evaluate the problems experienced by, and the complaints made by or on behalf of residents;

4.Contain recommendations for:

a. improving the quality of the care and life of the residents; and

b.protecting the health, safety, welfare, and rights of the residents;

5.Analyze the success of the program including success in providing services to residents of board and care facilities and other similar adult care facilities; and

6.Identify barriers that prevent the optimal operation of the program;

7.Provide policy, regulatory, and legislative recommendations to solve identified problems, to resolve the complaints, to improve the quality of care and life of residents, to protect the health, safety, welfare, and rights of residents, and to remove the barriers;

8.Contain a list of all members of the governing body and their professional affiliations, employees, and contractors of the Office, including a listing of all legal counsel who assist the ombudsperson in the performance of the official duties of the Office and provide advice and consultation needed to protect the health, safety, welfare, and rights of residents;

9.Contain any other requirements of § 712(h)(1) of The Older Americans Act, 42 USC § 3058g(h), as the same may be amended from time to time.

C.The annual report referred to in the Section shall be submitted no later than thirty (30) days after the year that the report covers.

D.The report shall be made available to the public by the Office of the Long Term Care Ombudsperson. In addition, the report shall be made available on the website of the Division of Elderly Affairs and the website of the long term care ombudsperson or the organization within which the ombudsman is located, within ten (10) days of the report’s submission to the Office.

1.3.5 Interagency Cooperation

Nothing in R.I. Gen. Laws Chapter 42-66.7, as amended, shall be construed to be a limitation of the powers and responsibilities assigned by law to other state agencies or departments.

1.3.6Cooperation Required

A.The ombudsperson may request from any government agency, and the agency is authorized and directed to provide, any cooperation and assistance, services, and data as will enable the ombudsperson to properly perform or exercise any of his or her functions, duties and powers under R.I. Gen. Laws Chapter 42-66.7, as amended, and the rules and regulations herein.

B.The ombudsperson shall, to the extent permissible under the provisions of § 712 of the Older Americans Act, 42 U.S.C. § 3058g, as amended, cooperate and assist other government agencies in their investigations, such as the Department of Health, the Department of Attorney General, the Department of Human Services and any other pertinent department or agency.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-05-19 to 01/04/2022
• Amendment — effective from 2017-05-19 to 05/19/2017
• Adoption — effective from 2014-07-07 to 05/19/2017

218-RICR-40-00-1 § 1.4 Powers and Duties of the Long Term Care Ombudsperson 1.4 Powers and Duties of the Long Term Care Ombudsperson {#sec-218-ricr-40-00-1-1.4-powers-and-duties-of-the-long-term-care-ombudsperson omnilex-key=us-ri-regs-official--title-218--218-RICR-40-00-1#1.4 Powers and Duties of the Long Term Care Ombudsperson}

1.4.1Powers

A.The ombudsperson shall, personally or through employees of the Office:

1.Identify, investigate, and resolve complaints that

a.are made by, or on behalf of, residents; and

b.relate to action, inaction, or decisions by

(1)providers, or representatives of providers, of long term care services,

(2)public agencies, or

(3)health and social service agencies that may adversely affect the health, safety, welfare, or rights of the residents (including the welfare and rights of the residents with respect to the appointment and activities of guardians and representative payees and health care and financial powers of attorney);

2.Provide referral services to assist residents in protecting their health, safety, welfare and rights;

3.Inform residents of their rights and advocate on their behalf to improve their quality of life and live with dignity and respect;

4.Advocate on behalf of long term care facility residents, home care and hospice care recipients;

5.Formulate written policies and procedures to identify, investigate, and resolve complaints;

6.Make appropriate referrals of investigations to other state agencies, including, but not limited to, the Rhode Island Department of Health, Department of Human Services, Department of Behavioral Healthcare, Developmental Disabilities, and Hospitals, and Department of Attorney General, provided that the resident(s) or the legal representative(s) of the resident(s), as appropriate, who initiated the complaint consent(s) to such referral (unless such referral is required by order of a court of competent jurisdiction or by statute without such consent) and in accordance with § 16 herein and Sub-Section 712(d) of The Older Americans Act, 42 U.S.C. § 3058g;

7.Offer assistance and training to public and private organizations on long term care of elders and individuals with disabilities;

8.Represent the interests of residents of facilities before government agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of the residents including, but not limited to, rights with respect to the appointment or removal of guardians and representative payees powers of attorney;

9.Review and, if necessary, comment on any existing and proposed laws, regulations, and other government policies and actions that pertain to the rights and well-being of residents of facilities.

10.Have such other powers as are provided to the Office in § 712 of The Older Americans Act, 42 U.S.C. § 3058g, as the same may be amended from time to time.

1.4.2Duties

A.The ombudsperson shall cause the Office to comply with all of the requirements cited herein. The ombudsperson also shall perform all ombudsman duties set forth in § 712 of The Older Americans Act, 42 U.S.C. § 3058g, as the same may be amended from time to time.

B.The Office shall develop, in writing, implement, and provide to the Division (upon request) the following:

1.A statement of philosophy and goals and objectives of the Office;

2.A statement of the procedures to be used to recruit and support any volunteer representative of the Office;

3.A statement of methods to evaluate the attainment of the Office’s goals and objectives;

4.Assurance that the Office will comply with all requirements of the Division, including training of all representatives of the Office, confidentiality of records, and reporting;

5.Assurance that no person shall investigate any complaint filed with the Office, unless such person is acting as an employee or agent of the Office;

6.Assurance that the Office has the ability to pursue appropriate remedies to resolve complaints, including but not limited to:

a.Ensuring adequate legal counsel is available, and is able, without conflict of interest, to provide advice and consultation needed to protect the health, safety, welfare, and rights of residents; and to assist the ombudsperson and representatives of the Office in the performance of the official duties of the ombudsperson and representatives; and that legal representation is provided to any representative of the Office against whom suit or other legal action is brought or threatened to be brought in connection with the performance of the official duties of the ombudsperson or such a representative; and the Office pursues administrative, legal, and other appropriate remedies on behalf of residents.

b.Making referrals and recommendations about specific courses of action, referring situations to public and private agencies such as the Department of Human Services, the Attorney General's office, state and federal courts, and other agencies, as necessary;

c.Serving as an advocate for residents in negotiations with long term care facilities, public and private agencies, family members, and other individuals and agencies to the extent permitted by state and federal law.

7.The Office shall develop a written statement which shall provide a short summary of the Long Term Care Ombudsperson program, residents’ rights thereunder, and the Office’s role as advocate for residents. This statement shall be subject to the prior written approval of the Division and shall be provided to every resident, as well as the resident’s guardian or family member, as applicable, with whom representatives of the Office interact.

C.If the ombudsperson has knowledge of or has reasonable cause to believe that a resident has been abused, mistreated or neglected as defined by R.I. Gen. Laws Chapter 23-17.8, the ombudsperson shall immediately report such determination to the Rhode Island Department of Health, in accordance with R.I. Gen. Laws Chapter 23-17.8. The Ombudsman must disclose the identity of a resident where the Ombudsman or representative of the Office personally witnesses abuse, neglect or exploitation of a resident, as long as

1.the resident at issue does not request the Ombudsman or representative not to make a report of the activity witnessed by the Ombudsman or representative and

2.the Ombudsman determines it to be in the best interest of the resident. Such reports shall be confidential in accordance with § 1.5.2 of this Part herein and § 712(d) of The Older Americans Act, 42 U.S.C. § 3058g, and all applicable federal and state laws.

D.If the ombudsperson has knowledge of or has reasonable cause to believe that a resident has been abused, exploited or neglected, as defined by R.I. Gen. Laws Chapter 42-66, and such abuse, exploitation or neglect is not required to be reported to the Rhode Island Department of Health in accordance with R.I. Gen. Laws Chapter 23-17.8, then the ombudsperson shall immediately report such determination to the Division, in accordance with R.I. Gen. Laws Chapter 42-66.

1.Such reports shall be confidential in accordance with § 1.5.2 of this Part herein and § 712(d) of The Older Americans Act, 42 U.S.C. § 3058g, and all applicable federal and state laws.

E.All policies and procedures of the Office shall be subject to the review and approval of the director or his/her designee.

1.4.3Governing body

A.The Office shall have an organized governing body ultimately responsible for:

1.the management, fiscal affairs and operation of the Office and of the organization within which the Office is located;

2.the assurance of quality services; and

3.compliance with all federal, state and local laws and regulations pertaining to long term care ombudsperson agencies and the rules and regulations herein.

B.The governing body shall provide appropriate personnel, physical resources and equipment to facilitate the delivery of prescribed services and shall furthermore:

1.Appoint a chief operating officer, executive director (or equivalent position), however named, and the individual who shall serve as the ombudsperson;

2.Identify the range of services to be provided which must include no less than those services required herein;

3. Define the geographic areas to be served; and

4.Carry out such other functions as may be relevant to the organization and operation of the agency.

C.The governing body shall adopt and maintain by-laws or acceptable equivalent which defines responsibilities for the operation and performance of the organization, and shall identify purposes and means of fulfilling same. The governing body shall establish administrative policies pertaining to no less than the following (and copies of the same shall be provided to the Division upon request):

1.Responsibilities of the ombudsperson;

2.The mechanism for disclosure that ensures that no individual, or member of the Immediate family of an individual, involved in the designation of the ombudsperson (whether by appointment or otherwise) is subject to a conflict of interest; and that no member of the governing body, officer or employee of the ombudsperson or member of the immediate family of the governing body member, officer, employee, or representative, is subject to a conflict of interest;

3.The methods for identifying, and specifying in writing, mechanisms to remove conflicts of interest referred to herein;

4.The manner in which services are to be provided;

5.Circumstances under which ombudsperson services cannot be provided and procedures for referral;

6.Policies and procedures to identify, receive, investigate, and resolve complaints;

7.Policies and procedures regarding persons employed by the Office. Said policies shall include, but not be limited to, the following:

a.timely completion of the bureau of criminal identification (BCI) check;

b.mechanism for credentialing and/or verifying any professional licensure requirements in accordance with state statutes and regulations.

8.Such other matters as may be relevant to the organization and operation of the Office.

1.4.4Personnel

A.The Office shall employ a sufficient number of qualified personnel to provide effective services.

B.A job description for each classification of position shall be established, clearly delineating qualifications, duties, authority and responsibilities required for each position.

C.The Office shall have written personnel policies and procedures for hiring and selection, compensation, evaluation, disciplinary action and grievance, and supervision and training of employees, contractors, volunteers, students and/or interns. The personnel policies and procedures shall include, at a minimum, the following provisions:

1.No known conflict of interest which would interfere with objective performance as an ombudsperson representative.

2.Understanding of an agreement to follow the ombudsperson rules of confidentiality in accordance with all applicable state and federal statutes and regulations;

3.Agreement to follow any policies and procedures of the Division and the Office and accept the direction of the ombudsperson;

4.Compliance with the Office's reporting needs to collect and analyze data relating to complaints and conditions in facilities;

5.At a minimum, training shall meet the requirements set forth in § 712 of The Older Americans Act, 42 U.S.C. § 3058g, as the same may be amended from time to time.

D.Written personnel policies supporting sound personnel practices shall be made available to all personnel, including volunteers, and to the Division.

E.Personnel files shall be maintained for each employee, including volunteers. Such files shall include no less than the following documentation:

1.Information pertaining to qualifications for employment which shall include but not be limited to experience with long term care issues and/or experience in the fields of aging, long term care and health care; and good verbal, listening, and writing skills, as appropriate;

2.Records of completion of required training and educational programs;

3.Evidence of current licensure or certification as may be required by law;

4.Employment application or resume of previous employment;

5.Evidence of no conflicts of interest.

1.4.5Conflict of Interest

A.No employee or representative of the Office, no individual involved in designating, hiring, evaluating, or terminating the ombudsperson or any other employee or representative of the Office, no organization within which the office is located and no governing body members may have an unremedied conflict of interest.

1.Conflicts of interest shall include, but shall not be limited to, being employed by a facility at any time within the two (2) years prior to being employed by or affiliated with the Office; or being affiliated with, or having a financial interest in, a facility or a membership organization of long term care providers or other facilities; or

2.standing to gain financially through an action brought on behalf of individuals whom the Office serves; or,

3.in the case of a non-profit organization where the Office is situated, receipt of donations or other funds from a facility.

4.Absent a waiver granted by the Division, no representative of the Office shall be assigned to investigate a complaint concerning a facility with which the representative was formerly employed, with which the representative was formerly or is currently affiliated or associated, from which a relative receives long term care services, or that poses any other conflict of interest.

B.The agency within which the Office is located shall develop procedures to screen potential and existing employees of the program, potential candidates and existing representatives of the Office, individuals involved in designating, hiring, evaluating, or terminating the ombudsperson, and potential and existing governing body members for conflicts of interest.

1.The procedures shall be applied upon initial screening and annually thereafter.

2.When completed, the individual who conducted the screen and the individual screened shall acknowledge the completion of the screen in writing. The completed screening instrument shall be made a record of the program and shall be subject to review by the Division.

C.Prior to offering a position within the Office to an applicant or training a volunteer, the agency within which the Office is situated shall report any identified conflict of interest to, and may propose a remedy to, the Director.

1.Within forty-five (45) days of receiving a proposed remedy, the Director shall review the nature, scope, and extent of the conflict and shall determine whether or not to allow the proposed remedy.

a.While the decision is pending, the agency shall assign any individual with a conflict of interest to duties that do not pose a conflict.

2.The proposed remedy shall be submitted in writing and shall reveal the nature, extent, and potential impact of the conflict of interest, and shall be a remedy which will neutralize the conflict of interest.

a.Current employment with any type of facility is a conflict of interest that cannot be remedied.

3.Any remedy granted shall remain in effect for as long as the conflict continues to exist to the same extent as reported and for as long as the remedy continues to work.

1.4.6Complaints Resolution

A.Upon receipt of a complaint, a representative of the Office shall:

1.inform the resident and/or complainant (if not the affected resident) that his/her identity shall not be disclosed unless such complainant or resident, or a legal representative of either, consents in writing to such disclosure and specifies to whom their identity may be disclosed. Such disclosure shall be made without the complainant or resident's consent if ordered by a court of competent jurisdiction or when disclosure is mandated by statute;

2.Review the complaint and consult with the complainant regarding possible methods of resolution:

a.If consent to proceed is not obtained, the resident, or complainant, if not the affected resident, shall be provided with information and/or referral sources appropriate to enable them to advocate on their own behalf.

B.After an investigation, if the ombudsperson determines in the ombudsman’s judgment that the complaint does not warrant further action, the situation shall be explained fully to the complainant, and the Office shall educate the complainant as to his rights and responsibilities.

1.After an investigation, if the complaint is fully or partially verified, the ombudsperson shall seek to resolve the problem.

C.Complaint resolution responsibilities shall include but not be limited to:

1.Development of a plan for corrective action through discussions with the complainant, resident, and appropriate officials and staff of the related institution;

2.Establishment, on a case-by-case basis, of appropriate timetable(s) for resolution;

3.Follow-up within thirty (30) days to determine if the problem giving rise to the complaint has been resolved.

D.Complaints of conditions, which in the judgment of the ombudsperson, could adversely affect residents that cannot be resolved shall be referred within seven (7) days by the ombudsperson to the appropriate governmental agency, provided that the resident(s) or the legal representative(s) of the resident(s), as appropriate, who initiated the complaint consent(s) to such referral.

E.The Office may initiate its own investigation of any facility independent of the receipt of a specific complaint or problem.

1.A representative of the Office may observe acts, practices or omissions regarding a facility which generally may affect the health, safety, welfare, rights or quality of life of all or a substantial number of the residents in the facility.

2.If in the discretion of the ombudsperson, such observations constitute a complaint situation (s)he may cause the Office to investigate and attempt to resolve these complaints without the consent of an individual resident.

1.4.7Resident Records

A.Accurate and complete files, records and other information shall be maintained in accordance with accepted professional standards and in accordance with all applicable state and federal legal requirements.

1.Files, records and other information shall be maintained for each resident, and shall be filed in an accessible location within the Office.

2.The ombudsperson shall cause the Office to store complaint files, records and other information in a secure manner.

a.Access to these files, records and other information shall be limited to agency staff authorized by the ombudsperson.

b.In monitoring of the program, access to these files, records and other information minus the identity of any complainant or resident of a facility, shall be available to the Director and to one other senior manager of the Division as shall be designated by the Director from time to time.

B.The Office shall maintain files, records and other information related to complaints received by or on behalf of residents which shall include:

1.Name, address, and phone number of the complainant;

2.Name of the resident;

3.Relationship of the complainant to the resident;

4.Name of the facility;

5.Nature of the complaint;

6.Steps taken to investigate the compliant;

7.All notes, correspondence, complaint forms, background materials, assessments, and medical and incident reports related to the complaint;

8.Outcome of the Investigation;

9.Resolution and follow-up.

C.If the complainant refuses to identify himself or the resident, it should be so indicated in the record.

D.The Office shall comply with R.I. Gen. Laws Chapter 38-3, also known as the Public Records Administration Act.

1.This Act requires any executive, legislative, judicial, regulatory, administrative body of the State, or any political subdivision thereof (including but not limited to any department, division, agency, commission, board, office, bureau, authority, any school, fire, or water district, or other agency of state or local government which exercises governmental functions, or any other public or private agency, person, partnership, corporation or business entity acting on behalf of any public agency) to comply with records management practices and procedures for the maintenance, retention, and destruction of files, records and other information.

2.The Office shall follow the Division’s records retention schedule.

3.All costs associated with complying with R.I. Gen. Laws Chapter 38-3 shall be the sole responsibility of the agency or organization within which the Office is located.

4.The Office shall provide to the Division a copy of all correspondence, certifications and other documents provided to or from the Secretary of State relating to compliance with § 1.4.7(D) of this Part and the retention and destruction of records.

a.Where destruction of records is authorized by the secretary of state, the Office shall furnish to the Division a copy of said authorization certification from the secretary of state prior to destruction of the records.

b.The Office shall shred all documents being destroyed and properly and fully destroy all materials to protect the privacy of all individuals.

E.The Office shall have written policies and procedures to govern the use and removal of files, records and other information and determine the conditions for release of information in accordance with statutory provisions pertaining to confidentiality (see also § 1.5.1 and § 1.5.2 of this Part).

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-05-19 to 01/04/2022
• Amendment — effective from 2017-05-19 to 05/19/2017
• Adoption — effective from 2014-07-07 to 05/19/2017

218-RICR-40-00-1 § 1.5 Confidentiality, Retaliation, Immunity, Inspections, and Penalties

1.5.1Access

A.In the course of an investigation, the ombudsperson shall, personally or through designated employees of the Office:

1.Make the necessary inquiries and obtain information as is deemed necessary;

2.Have access to facilities and residents; and

3.Enter facilities and, after notifying the individual in charge, inspect any books, files, medical records, or other records that pertain to the resident, subject to the following requirements.

a.access to review the medical and social records of a resident shall be provided, if-

(1)the representative has the permission of the resident, or the legal representative of the resident; or

(2)the resident is unable to consent to the review and has no legal representative;

b.access to the records as is necessary to investigate a complaint shall be provided if-

(1)a legal guardian of the resident refuses to give the permission;

(2)a representative of the Office has reasonable cause to believe that the guardian is not acting in the best interests of the resident; and

(3)the representative obtains the approval of the Ombudsperson;

c.access shall be provided to the administrative records, policies, and documents, to which the residents have, or the general public has access, of long term care facilities; and

d.access to and, on request, copies of all licensing and certification records maintained by the State with respect to long term care facilities.

B.In the ordinary course of the ombudsperson's duties, the ombudsperson and designated employees of the Office shall have access to residents of a facility to:

1.Visit, talk with, make personal, social, and other appropriate services available;

2.Inform them of their rights and entitlements and corresponding obligations under federal and state law by distribution of educational materials, discussion in groups, or discussion with individual residents and their families; and

3.Engage in other methods of assisting, advising, and representing residents to extend to them the full enjoyment of their rights.

1.5.2Confidentially-Disclosure

A.In general, the files maintained by the Office are confidential and shall be disclosed only with the written consent or the use of assistive technology of the resident affected or his or her legal representative, or if any disclosure is required by court order.

B.Identity of Complainant or Resident records described in §§ 1.4.7 and 1.5.1(A)(3)(b) of this Part may be disclosed only at the discretion of the Ombudsman (or the person designated by the Ombudsman to disclose the files, records and other information); and

1.The Ombudsperson is prohibited from the disclosure of the identity of any complainant or resident with respect to whom the Office maintains such files, records and other information unless—

a.The complainant or resident, or the legal representative of the complainant or resident, communicates informed consent to the disclosure and the consent is given in writing or through the use of assistive technology;

b.the complainant or resident gives informed consent orally or through the use of assistive technology; and

c.the consent is documented contemporaneously in a writing made by a representative of the Office in accordance with such requirements as the State agency shall establish; or

2.the disclosure is required by court order.

C.Should the Ombudsperson or any representative of the Office have reason to believe that the complainant or resident is unable to provide informed consent, disclosure of the complainant or resident identity shall be prohibited unless otherwise provided by law.

1.5.3Retaliation Prohibited

No discriminatory, disciplinary, or retaliatory action shall be taken by a facility or other entity with respect to any resident, employee, or other person for filing a complaint with providing information to, or otherwise cooperating with any representative of the Office.

1.5.4Immunity from Liability

A.Any person, institution, or official who in good faith participates in the registering of a complaint, or who in good faith investigates that complaint or provides access to those persons carrying out the investigation, or who participates in a judicial proceeding resulting from that complaint, is immune from any civil or criminal liability that might otherwise be a result of these actions.

1.For the purpose of any civil or criminal proceedings, there is a rebuttable presumption that any person acting pursuant to R.I. Gen. Laws Chapter 42-66.7, as amended, did so in good faith.

1.5.5Noninterference

No person shall willfully interfere with the ombudsperson in the performance of the ombudsperson's official duties.

1.5.6Penalty for Violations

Every person who willfully violates the provisions of R.I. Gen. Laws § 42-66.7-8 (retaliation prohibited) or R.I. Gen. Laws § 42-66.7-14 (non-interference), as amended, will be subject to a fine up to one thousand dollars ($1,000) for each violation of these sections and any other remedy provided for in Rhode Island law.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-05-19 to 01/04/2022
• Amendment — effective from 2017-05-19 to 05/19/2017
• Adoption — effective from 2014-07-07 to 05/19/2017

218-RICR-40-00-1 § 1.6 Termination, Appeal Procedures and Severability

1.6.1Procedures for Appeal

Any complainant who is aggrieved by the decision of the Division after a hearing may appeal the decision to the Executive Office of Health and Human Services, as outlined under “Medicaid Code of Administrative Rules, Section #0110, ‘Complaints and Appeals’".

1.6.2Complaints Regarding the Ombudsperson Program; Termination of Ombudsman Program

A.All complaints concerning the Office shall be sent in writing to the Director of the Division. The director may request additional information relating to the specifics of the complaint. The Director shall exercise reasonable discretion in addressing each complaint.

B.Termination:

1.In the event that the ombudsperson or the Office fails to comply with the provisions of these Regulations in whole or in part, the Division may, after specifying any alleged breach, default, or non-compliance in writing to the Ombudsperson and after allowing a reasonable time, but not less than fifteen (15) calendar days for correction thereof, withdraw the ombudsperson program from the agency where the Office is situated by sending written notice of termination which specifies the reasons for termination to the agency, at least fifteen (15) calendar days prior to the effective date of termination.

2.Notwithstanding the provisions governing appeals set forth in § 1.6.1 of this Part and elsewhere in § 1.6.2 of this Part, if the Division determines that any action or omission on the part of the Office endangers life, health, and safety of residents or staff of any facility, it shall withdraw the ombudsperson program from the agency where the Office is situated by orally notifying the agency of termination followed by the mailing of written notification, return receipt requested, within seven (7) calendar days following the oral notification, setting forth the reasons for termination.

a.Termination pursuant to this subsection shall take effect upon the oral notification.

b.The Division shall forward with such written notification a notice that the terminated program shall have the right to request an appeal of such action to the Division’s hearing office pursuant to § 1.6.1 of this Part.

3.Upon withdrawal of the ombudsperson program from an agency by the Division, the Division likewise shall terminate the funding status of such ombudsperson program for the balance of the funding period.

4.Except as otherwise set forth herein, the ombudsperson program shall continue at the agency during the pendency of the appeal, subject to an adverse decision pursuant to the appeal.

1.6.3Severability

If any provision of R.I. Gen. Laws Chapter 42-66.7, as amended, or any rule or regulation made under said Chapter, or the application of any provision of this Chapter to any person or circumstance shall be held invalid by any court of competent jurisdiction, the remainder of the Chapter, rule or regulation and the application of such provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section of this Chapter shall not affect the validity of the remainder of this Chapter and to this end the provisions of the Chapter are declared to be severable.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-05-19 to 01/04/2022
• Amendment — effective from 2017-05-19 to 05/19/2017
• Adoption — effective from 2014-07-07 to 05/19/2017

218-RICR-40-00-2 Rules, Regulations, and Standards Governing the Pharmaceutical Assistance to the Elderly Program

218-RICR-40-00-2 § 2.1 Overview and General Requirements

A.These rules, regulations and standards supersede any and all prior rules, regulations, and standards relating to the creation and provision of pharmaceutical services to the elderly promulgated pursuant to R.I. Gen. Laws Chapter 42-66.2 et seq. They have been promulgated to ensure that basic information about the nature of available services and eligibility to receive these services is readily available to qualified service recipients and their families

B.The intent of the Program is to be the payer of last resort and is limited to eligible persons and eligible drugs

C.Pursuant to the provisions of the Administrative Procedures Act, R.I. Gen. Laws § 42-35-3, the following were given consideration in arriving at the regulations:

1.alternative approaches to the regulations;

2.duplication or overlap with other state regulations; and significant economic impact.

a.No alternative approach was identified;

b.nor any duplication or overlap.

2.1.1Program Authority

The Rhode Island Pharmaceutical Assistance to the Elderly Program (RIPAE) is authorized by, and these regulations are promulgated under, the authority of R.I. Gen. Laws Chapter 42-66.2 et seq., “Rhode Island Pharmaceutical Assistance to the Elderly Program”, as amended.

2.1.2Non-discrimination and Civil Rights Policy

Each agency and individual involved in RIPAE shall be responsible for maintaining a policy of nondiscrimination in the provision of services to participants and in the employment of staff without regard to race, color, creed, national origin, sex, sexual orientation, age, handicapping condition or degree of handicap, in accordance with Title VI of the Civil Rights Act of 1964; the Rhode Island Executive Order No. 92-2, dated January 23, 1992 and entitled “Compliance with the Americans with Disabilities Act”; the United States Executive Order No. 11246 entitled “Equal Employment Opportunity”; United States Department of Labor Regulations; Title V of the Rehabilitation Act of 1973, as amended; the 1990 Americans With Disabilities Act; R.I. Gen. laws Chapter 42-87, which states that “Discrimination” includes those acts prohibited on the basis of race by 42 U.S.C. #1981, 1983 and those on the basis of handicap by 29 U.S.C. § 794 and those on the basis of disability by 42 U.S.C. § 12100 et seq. and those on the basis of disability by R.I. Gen. Laws Chapter 28-5; and the Rhode Island Fair Employment Practices Act.

2.1.3Compliance with All Laws, Codes, Rules and Regulations

Each agency and individual that delivers RIPAE services shall be responsible for complying with all local, state, and federal laws, codes, rules and regulations that apply to the Program.

2.1.4Compliance with Pharmacy Laws, Codes, Rules and Regulations

All pharmacy laws, codes, rules and regulations that apply to prescription medications shall apply to the RIPAE Program. RIPAE enrollees shall be subject to these legal requirements.

2.1.5Division's Duties under the Program

A.The Director shall enter into a contract with a contractor for the effective administrative support of this program.

B.The contractor shall serve as the link between RIPAE and participating pharmacies. All payments to pharmacies shall be made by the contractor. The contractor and all participating pharmacies shall be in compliance with all applicable sections of R.I. Gen. Laws Chapter 42-66.2, as amended, and these rules and regulations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Technical Revision — effective from 2017-06-21 to 06/21/2017
• Amendment — effective from 2017-06-21 to 06/21/2017
• Amendment — effective from 2014-01-01 to 06/21/2017
• Amendment — effective from 2007-06-19 to 01/01/2014
• Amendment — effective from 2003-04-02 to 06/19/2007
• Periodic Refile — effective from 2002-01-02 to 04/02/2003

218-RICR-40-00-2 § 2.2 Definitions

2.2.1Definitions

A. For the purpose of these rules and regulations, the following terms shall be construed as follows:

1.“The Act” means R.I. Gen. Laws Chapter 42-66.2, as amended.

2.“Additional drugs” means those drugs as defined in R.I. Gen. Laws § 42-66.2-3, as amended.

3.“Approved documentation” means and includes a current explanation of benefits (EOB) statement from a Medicare prescription drug plan (Part D) and a statement of current year- to-date pharmacy medication expenses from a participating pharmacy.

4.“Consumer” means any full-time resident of the State of Rhode Island who fulfills the eligibility requirements set forth in the R.I. Gen. Laws § 44-66.2-3 and § 2.3.3 of this Part herein.

5.“Contractor” means a third party or private vendor as defined in R.I. Gen. Laws § 42-66.2-3, as amended.

6.“Coverage gap” means the out-of-pocket expenses for medications between the point where an eligible person exceeds the Medicare Part D coverage limit under § 1860D-2(b)(3) (42 U.S.C. § 1395w-114a) of the Patient Protection and Affordable Care Act and below the catastrophic amount specified in § 1860D2(b)(4)(B) of the Patient Protection and Affordable Care Act for the year.

7.“Delegate agency” means any local community-based agency with which the Division negotiates a contract for assistance with the implementation of the RIPAE Program.

8.“Department” means the Department of Human Services.

9.“Director” means the Director of the Division of Elderly Affairs

10.“Division” means the Department of Human Services, Division of Elderly Affairs.

11.“Eligible drugs” is defined in R.I. Gen. Laws § 42-66.2-3, as amended.

12.“Full-time resident” shall be determined consistent with the residency requirements set forth in R.I. Gen. Laws § 17-1-3.1, as amended, entitled, "Residence for Voting Purposes".

13.“Income” means the sum of federal adjusted gross income as defined in the R.I. Gen. Laws § 42-66.2-3, as amended.

14.“Participating pharmacy” means any licensed pharmacy which has a written agreement with the contractor agreeing to the conditions and requirements of participation in the RIPAE Program.

15.“Pharmaceutical manufacturer” means any entity as defined in R.I. Gen. Laws § 42-66.2-3, as amended.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Technical Revision — effective from 2017-06-21 to 06/21/2017
• Amendment — effective from 2017-06-21 to 06/21/2017
• Amendment — effective from 2014-01-01 to 06/21/2017
• Amendment — effective from 2007-06-19 to 01/01/2014
• Amendment — effective from 2003-04-02 to 06/19/2007
• Periodic Refile — effective from 2002-01-02 to 04/02/2003

218-RICR-40-00-2 § 2.3 Program Components

2.3.1Allowances and Restrictions of the Program

A.The RIPAE Program shall include the following criteria:

1.Experimental drugs are excluded from the program.

2.A system of mail order delivery for prescriptions is allowed under the program.

3.Eligible and additional drugs must be dispensed within one (1) year of the original prescription order.

4.Expenditures for multiple sclerosis drugs shall not exceed thirty thousand dollars ($30,000 per fiscal year).

5.Senior citizens participating in the program are required to maintain records of each transaction, as specified by the Director in accordance with R.I. Gen. Laws § 42-66.2-4(c) and this Part.

6.Prescription benefits for any single prescription may be dispensed in the amounts authorized by the physician, and agreed to by the consumer, up to a maximum of a 100-day supply or 200 doses, whichever is less; and/or a 100-day supply or one quart of liquid, whichever is less; provided, however, that disposable insulin syringes are dispersed in a quantity of 100.

7.Generic drug substitution is mandatory when there is an available generic drug equivalent.

2.3.2Program Prohibitions

Violation of any of the above criteria in § 2.3.1(A) of this Part shall constitute fraud and shall be handled in accordance with § 2.4 of this Part.

2.3.3Consumer Eligibility

A.Eligibility shall be determined by the Division and its delegate agencies. In order to be eligible to participate in RIPAE, consumers shall meet all of the following criteria:

1. Participants shall be 65 years of age or older at the time of application or between the ages of 55-64 and receiving Social Security Disability benefits.

2.Participants shall be full time residents of the State of Rhode Island at the time of application. Full time residence shall be determined consistent with R.I. Gen. Laws § 17-1-3.1 entitled, "Residence for Voting Purposes."

3.Participants shall be determined by the Division or its delegate agencies to meet the following income criteria:

a.Unmarried or married living separate and apart -Income for the calendar year immediately preceding the year in which assistance is sought. Eligibility may also be determined by using income data for the 90 days prior to application for benefits and projecting that income on an annual basis.

b.Married - Income for the calendar year immediately preceding the year, in which assistance is sought, when combined with any income of such person's spouse in the same year.

c.Eligibility may also be determined by using income data for the 90 days prior to application for benefits and projecting that income on an annual basis.

d.Except that, on January first of each year the maximum amount of allowable income for both unmarried and married residents shall be increased by a percentage equal to the percentage of the cost of living adjustment provided for Social Security recipients.

B.However, the fact that some of a person's prescription drug expenses are paid or reimbursable either in whole or in part, under the provisions of Medicare Part D shall not disqualify said person, if he or she is otherwise eligible to receive assistance under the Act, provided that if the federal share equals or exceeds 60% of the cost, the state shall make no payment.

C.Medicare Part D - All consumers shall demonstrate and maintain proof of enrollment in a Medicare prescription drug program (“Medicare Part D”) in order to receive benefits under RIPAE.

2.3.4Program Benefits

A.The RIPAE Program shall pay the appropriate percentage of the cost of eligible drugs for eligible consumers, 55 years or older, that are dispensed within one (1) year of the original prescription order.

B.The percentage of cost RIPAE pays shall be based on the annual income of the eligible, consumer as stipulated in § 2.3.4(C) of this Part, less the amount of any other health insurance payment and/or federal discounts, including those under the federal Patient Protection and Affordable Care Act (PPACA) that have been paid on the claim at the pharmacy.

C.State and consumer co-payment shares for consumers shall be determined on an annual basis. The Division will formally update co-payment shares from the direction of the U.S. Social Security Administration. Information regarding income and cost-share requirements are reflected in a Division fact sheet and is available upon request.

2.3.5Financial Participation by Consumer

A.RIPAE participants, 65 years in age or older, shall pay up to 40%, 70% or 85%, as determined by their income, of the cost of eligible drugs after applicable senior citizen discounts, coupons and any other health insurance payment and/or federal discounts, including those provided under the federal Patient Protection and Affordable Care Act (PPACA) have been applied.

B.RIPAE consumers 65 years in age or older shall pay 100% of the RIPAE discount price for additional drugs as referred to in § 2.2.1(B) of this Part.

C.RIPAE consumers between 55-64 years of age and receiving Social Security Disability benefits (SSDI) shall pay 100% of the RIPAE discount price for both eligible and additional drugs, as referred to in § 2.2.1(B) of this Part.

2.3.6Program Benefit in the Coverage Gap

A.The state shall reimburse the consumer up to the percentage rate of the maximum allowable amount per prescription as set forth in § 2.3.4(C) in this Part as of the date of the purchase of the drug, in accordance with the income eligibility and co-payment shares set forth in R.I. Gen. Laws § 42-66.2-5 and this Part.

B.The rebates generated pursuant to R.I. Gen. Laws § 42-66.2-10 shall be used to offset the state’s payment under this section.

C.Reimbursement payments shall be made to consumers no less than annually.

D.After an eligible consumer reaches the coverage gap, he/she shall submit to the Division, or its delegate agencies, a copy of approved documentation for the purchase of eligible drugs.

E.The Division shall verify the expenses, determine the reimbursement payment amount, and authorize payment(s) to the eligible consumer, as applicable.

1.Delegate agencies, as referred to in § 2.2.1(G) of this Part, shall not be authorized to determine the reimbursement payment amount for the eligible consumer.

2.Claims for reimbursement for the purchase of eligible drugs shall be submitted for the calendar year immediately preceding the annual reimbursement period.

F.Reimbursement payments can be made to the consumer’s properly designated legal representative, or upon death, the state’s executor/executrix, or administrator, and in the absence of probate, next of kin.

2.3.7Application Form and Required Documentation

A.The Division shall utilize an application form, which shall serve as the primary vehicle for determination of Program eligibility. This form may include but shall not be limited to:

1.Pertinent demographic information;

2.Residence;

3.Date of birth;

4.Annual income for the previous calendar year, including amount and source of income (such income documentation shall be supplied for applicant and spouse when applicant is married);

5.Social Security number;

6.All other data essential for the determination of eligibility and maintenance of client statistics;

7.Certification through signature of the applicant that permission is granted to the Division to verify any and all information supplied on the application form as well as certification through signature that the applicant will supply to the Division upon request, written documentation of all information included on the application form.

B.Required documentation includes:

1.Verification of Medicare ID number;

2.Verification of Medicare Part D ID number.

C.Such application form shall be made available at the Division and its delegate agencies.

D.The Division may verify eligibility information in one or more of the following ways:

1.Review and certification of eligibility by trained staff for each application file with the Division or its delegate agencies;

2.Perform computer cross checks with available data banks to verify eligibility;

3.Conduct personal interviews to review documentation for age, residence and previous year's annual income or income for 90 days prior to application.

E.Notification shall be made to each applicant of eligibility/ineligibility within 30 days of receipt of application by the Division or its delegate agencies

F.Notification of ineligibility shall be in writing and shall detail the reason the application was denied, and the process for appeal of this decision (refer to § 2.7 of this Part).

G.Names and pertinent information for each eligible consumer shall be supplied to the contractor.

H.Benefits shall be paid only to those persons determined eligible by the Division as provided herein.

I.The following documentation shall be accepted as verification of age/residence/income under RIPAE:

1.Any one of the following documents shall be acceptable to document age:

a.RI Driver's License, OR RI Identification Card;

b.Birth Certificate;

c.Pharmacy printout with date-of-birth imprint.

2. Any one of the following documents shall be acceptable to document residency:

a. Address furnished to the Registry of Motor Vehicles for the applicant’s license, OR identification card;

b.Address at which the applicant's motor vehicle is registered;

c.Any other official document which indicates applicants’ permanent residence.

3.A combination of the following documents shall be sufficient to document all income:

a.For previous calendar year: federal income tax return and Social Security income document, otherwise known as an award letter;

b.Employment Income: W-2 Form, pay stubs with year to date total, letter from employer indicating length of employment and wages for previous calendar year;

c.TDI/Worker's Compensation: an award letter or copies of checks;

d.Unemployment benefits: a stamped unemployment book or copy of check;

e.Alimony or support: a court decree or other documentation;

f.Pension benefits: (Social Security, Veterans Benefits, SSI, etc.) a current or previous year’s award letter or, a copy of most recent check, written verification from income source, current statement from bank showing pension or Social Security income direct deposit;

g.TANF (Temporary Aid to Needy Families) /GPA (General Public Assistance): a letter from the Department of Human Services detailing income from the previous calendar year or a listing of such supplied by DHS;

h.Interest income: savings statements, passbook, letter from savings institution, W-1099 or W-9 interest form;

i.Rental income: rent receipts, lease agreements;

j.Self-employment income: all receipts, bills, invoices and other documents establishing income and expenses of operations;

k.Any listing or verification from an agency or organization for one of the above shall constitute acceptable documentation of income.

J.Income Disregards

1.The following shall be excluded for purposes of income determination as provided in § 2.3.3 of this Part:

a.Gifts from non-governmental sources;

b.Value of surplus foods;

c.Benefits excluded from income by federal or state law (i.e., stipends received by Senior Companions under the Domestic Volunteer Services Act of 1973, as amended);

d.Benefits received under the Low Income Home Energy Assistance Program;

e.Other relief in-kind supplied by a public or private agency;

f.Sums of money expended for medical and pharmaceutical expenses that exceed three percent (3%) of applicant's annual income or, if 90 days income data is used for eligibility purposes, three percent (3%) of applicant's preceding 90 day income computed on annual basis.

K.All income and/or medical expense documentation provided to the Division for purposes of determining income shall have been earned (income) or incurred (expenses) during the current or immediately preceding calendar year.

2.3.8Duration of Eligibility

A.Consumers whose eligibility has been established as described in § 2.3.3 of this Part shall remain eligible for a period determined by the Division or until the following, whichever occurs first:

1.The consumer moves out of Rhode Island and is no longer a full-time resident;

2The Division conducts a recertification of consumer eligibility and determines the consumer to be ineligible.

3.The consumer becomes eligible for Medical Assistance (Medicaid).

4.The consumer discontinues participation in a Medicare Part D plan.

2.3.9Eligible Drugs

A.The contractor shall supply to all participating pharmacies and to the Division a periodically updated list of formulary eligible drugs.

B.The contractor shall supply to all participating pharmacies and to the Division a periodically updated list of additional drugs, and discontinued formulary drugs.

2.3.10Reporting Requirements

The Director and Contractor shall submit an annual report to the Governor, the Budget Officer, the Chairperson of the House Finance Committee, the Chairperson of the Senate Finance Committee, and the Chairperson of the Board of Pharmacy as established by R.I. Gen. Laws § 5-19.1-4 in accordance with and pursuant to R.I. Gen. Laws § 42-66.2-9.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Technical Revision — effective from 2017-06-21 to 06/21/2017
• Amendment — effective from 2017-06-21 to 06/21/2017
• Amendment — effective from 2014-01-01 to 06/21/2017
• Amendment — effective from 2007-06-19 to 01/01/2014
• Amendment — effective from 2003-04-02 to 06/19/2007
• Periodic Refile — effective from 2002-01-02 to 04/02/2003

218-RICR-40-00-2 § 2.4 Fraud and Abuse

2.4.1Fraud and Abuse

A.The Division shall declare ineligible any consumer who abuses or misuses RIPAE. The Division is empowered to investigate cases of suspected provider or consumer fraud.

B.Delegate agencies and participating pharmacies shall report to the Division any suspected incident of fraud or abuse. Such reports shall be made to the Director or designee.

C.Fraud and abuse shall include but not be limited to:

1.Falsification of information on the application for assistance;

2.Use or attempted use of an eligibility card by an unauthorized individual;

3.Falsification of information by a participating pharmacy;

4.Consumer or provider claims for duplicative benefits;

5.Any violation or attempt to violate the provisions of R.I. Gen. Laws Chapter 42-66.2, as amended or this Part.

D.Individuals attempting fraud or abuse and individuals who aid or abet another in attempting fraud or abuse shall be subject to R.I. Gen. Laws § 42-66.2-8, as amended.

E.Any provider or consumer found guilty of intentionally violating the provisions of these rules and regulations shall be subject to R.I. Gen. Laws § 42-66.2-8, as amended.

F.Any provider or consumer who is found guilty under the Act and these regulations shall be subject to R.I. Gen. Laws § 42-66.2-8, as amended.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Technical Revision — effective from 2017-06-21 to 06/21/2017
• Amendment — effective from 2017-06-21 to 06/21/2017
• Amendment — effective from 2014-01-01 to 06/21/2017
• Amendment — effective from 2007-06-19 to 01/01/2014
• Amendment — effective from 2003-04-02 to 06/19/2007
• Periodic Refile — effective from 2002-01-02 to 04/02/2003

218-RICR-40-00-2 § 2.5 Pharmaceutical Manufacturer Rebates

2.5.1Rebates

Matters regarding rebates from pharmaceutical manufacturers must be in accordance with R.I. Gen. Laws § 42-66.2-10.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Technical Revision — effective from 2017-06-21 to 06/21/2017
• Amendment — effective from 2017-06-21 to 06/21/2017
• Amendment — effective from 2014-01-01 to 06/21/2017
• Amendment — effective from 2007-06-19 to 01/01/2014
• Amendment — effective from 2003-04-02 to 06/19/2007
• Periodic Refile — effective from 2002-01-02 to 04/02/2003

218-RICR-40-00-2 § 2.6 Severability

2.6.1Severability

If any provision of the rules and regulations herein or the application thereof to any program or circumstances shall be held invalid, such invalidity shall not affect the provision or application of the rules and regulations which can be given effect, and to this end the provisions of the rules and regulations are declared to be severable.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Technical Revision — effective from 2017-06-21 to 06/21/2017
• Amendment — effective from 2017-06-21 to 06/21/2017
• Amendment — effective from 2014-01-01 to 06/21/2017
• Amendment — effective from 2007-06-19 to 01/01/2014
• Amendment — effective from 2003-04-02 to 06/19/2007
• Periodic Refile — effective from 2002-01-02 to 04/02/2003

218-RICR-40-00-2 § 2.7 Appeals Procedure

2.7.1 Appeals Procedure

Any person whose application for assistance under the RIPAE Program is denied shall have the right to appeal such a decision. Such appeals shall follow the procedures described under the Executive Office of Health and Human Services, as outlined under “Medicaid Code of Administrative Rules, Section #0110, 'Complaints and Appeals'".

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Technical Revision — effective from 2017-06-21 to 06/21/2017
• Amendment — effective from 2017-06-21 to 06/21/2017
• Amendment — effective from 2014-01-01 to 06/21/2017
• Amendment — effective from 2007-06-19 to 01/01/2014
• Amendment — effective from 2003-04-02 to 06/19/2007
• Periodic Refile — effective from 2002-01-02 to 04/02/2003

218-RICR-40-00-3 Rules, Regulations, and Standards Governing Security for Housing for the Elderly

218-RICR-40-00-3 § 3.1 Introduction

3.1.1Preface

A.These rules and regulations supersede any and all prior rules and regulations governing the security for housing for the elderly promulgated pursuant to R.I. Gen. Laws Chapter 42-66.1. They have been promulgated to provide basic information about the nature of required security systems, personnel and equipment designed to ensure the health, safety and welfare of elderly citizens who are residents of housing for the elderly in Rhode Island.

1.Pursuant to the provisions of the Administrative Procedures Act, R.I. Gen. Laws § 42-35-3, the following were given consideration in arriving at the regulations:

a. alternative approaches to the regulations; and

b.duplication or overlap with other state regulations. No alternative approach, duplication, or overlap was identified.

3.1.2Program Authority

The Security for Housing for the Elderly Program is authorized by, and these regulations are promulgated under, the authority of R.I. Gen. Laws Chapter 42-66.1 which requires that "Every public and private housing complex designated by the federal government as housing for the elderly in the state shall establish and maintain a safety and security plan, approved by the director, by July 1, 1993" and R.I. Gen. Laws § 42-66.1-11, which provides for an administrative penalty for failure to comply with the requirements of R.I. Gen. Laws § 42-66.1-8 and with these rules and regulations.

3.1.3Nondiscrimination and Civil Rights Policy

All public and private housing complexes designated by the federal government as housing for the elderly located in the state of Rhode Island shall be responsible for maintaining a policy of nondiscrimination in the provision of security services to residents and in the employment of staff without regard to race, color, creed, national origin, sex, sexual orientation, age, handicapping condition or degree of handicap, in accordance with 42 U.S.C. § 2000d et seq.; Americans with Disabilities Act of 1990, 42 U.S.C. § 12101; Public Law 88-352, July 2, 1964, 78 Stat. 253, 42 U.S.C. Sec. 2000e et. seq; United States Department of Labor Regulations, 20 C.F.R. § 1 - 1099; Title V of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §792; the 1990 Americans With Disabilities Act, 42 U.S.C. § 12101; R.I. Gen. Laws Chapter 42-87, which states that “Discrimination” includes those acts prohibited on the basis of race by 42 U.S.C. §1981, 42 U.S.C. § 1983 and those on the basis of handicap by 29 U.S.C. § 794 and those on the basis of disability by U.S.C. § 12100 et seq. and U.S.C. § 12101 et seq., and those on the basis of handicap by R.I. Gen. Laws Chapter 28-5; and the Rhode Island Fair Employment Practices Act, R.I. Gen. Laws § 28-5-7.3.

3.1.4Statement of Purpose

In order to ensure the health, safety and welfare of elderly residents of Rhode Island housing for the elderly, the Division has established these rules and regulations to assist in providing security at housing for the elderly complexes.

3.1.5Program Jurisdiction

All public and private housing complexes designated by the federal government as housing for elderly in the State of Rhode Island shall comply with the rules and regulations set forth in this document.

3.1.6Compliance with All Laws, Codes, Rules and Regulations

All public and private housing complexes designated by the federal government as housing for the elderly located in the state of Rhode Island shall be responsible for complying with all local, state and federal laws, codes, rules and regulations that apply to the program or facility.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Technical Revision — effective from 2017-06-21 to 06/21/2017
• Amendment — effective from 2017-06-21 to 06/21/2017
• Technical Revision — effective from 2010-02-24 to 06/21/2017
• Amendment — effective from 2010-02-24 to 02/24/2010
• EMERGENCY RULE Amendment — effective from 2009-11-25 to 02/24/2010
• Amendment — effective from 2007-06-19 to 02/24/2010
• Amendment — effective from 2006-02-15 to 06/19/2007
• Periodic Refile — effective from 2002-01-02 to 02/15/2006

218-RICR-40-00-3 § 3.2 Definitions and General Requirements

3.2.1Definitions

A.Whenever used in these rules and regulations, the following terms shall be construed as follows:

1."Division" means the Rhode Island Division of Elderly Affairs, within the Department of Human Services.

2."Director" means the Director of the Division of Elderly Affairs or her/his designee.

3. "Housing complex" means the residential building or buildings, areas designated for use by residents, and grounds leading to and from the building(s) and/or designated areas.

4. "Housing for the elderly" means private or public housing complexes designated by the federal government as housing for the elderly located in the State of Rhode Island.

5. "Management" means the representatives of an agency or organization, local government, or a private or nonprofit company who have full and exclusive legal authority for the owner or governing body.

6."Periodic and ongoing resident security education program" means that at least once per quarter information on security concerns will be supplied by management to all tenants in one or more of the following methods: posters, pamphlets, brochures, and face-to-face formal presentations.

7."Private housing complex" means housing for the elderly not owned and operated by the local public housing authority.

8."Public housing complex" means housing for the elderly owned and operated by the local housing authority.

9."Safety and security plan" means a building plan that addresses the safety and security needs of residents.

10."Security equipment" means any mechanical/electrical security devices and/or physical improvements to the building or grounds that would contribute to the overall security and safety of the elderly housing complex.

11."Security personnel" means any personnel providing security services at the housing for the elderly complex.

3.2.2Variance Process

A.It is recognized that there will be need from time to time for a housing complex to bypass a specific rule or rules in order to best accomplish its stated philosophy, goals and purpose. This factor has been taken into consideration in the development of these rules and regulations, and the following procedure is to be used when a housing manager believes there is a compelling need for a variance:

1.Application for a variance found below must be completed by housing manager and submitted to the Director.

2.Upon receipt of a variance request, the Division will make acknowledgement in writing.

3.Within ten (10) working days of the receipt of the variance request, unless additional time is required to review the program and the reason for the variance, the Variance Review Committee will review the application and return a decision, in writing, to the applicant.

4.If the applicant is dissatisfied with the decision of the Director, an appeal of the decision may be made to the Executive Office of Health and Human Services, as outlined under “Appeals Process and Procedures for EOHHS Agencies and Programs," 210-RICR-10-05-2.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Technical Revision — effective from 2017-06-21 to 06/21/2017
• Amendment — effective from 2017-06-21 to 06/21/2017
• Technical Revision — effective from 2010-02-24 to 06/21/2017
• Amendment — effective from 2010-02-24 to 02/24/2010
• EMERGENCY RULE Amendment — effective from 2009-11-25 to 02/24/2010
• Amendment — effective from 2007-06-19 to 02/24/2010
• Amendment — effective from 2006-02-15 to 06/19/2007
• Periodic Refile — effective from 2002-01-02 to 02/15/2006

218-RICR-40-00-3 § 3.3 Tenant Education

3.3.1Tenant Education

A.Housing for the elderly complexes shall maintain evidence of a periodic and ongoing resident security education program.

B.The owner, manager, or governing body of a housing complex for the elderly shall develop and implement an ongoing resident security education program that shall include the components listed in §§ 3.3.1(B)(1) and (2) of this Part.

1. Orientation

All tenants of housing for the elderly shall receive an initial resident education and training security orientation at the time of assuming occupancy.

2. Appropriate Language

Security information shall be provided in languages other than English, as necessary. The initial security orientation shall be provided to limited English speaking persons in their native language. Relatives and friends used by non-English speaking tenants as interpreters may provide an opportunity to enable housing managers to provide security orientation without requiring other special arrangements.

3. Safety Orientation Checklist

For every elderly housing complex, a safety orientation checklist shall be utilized at the time of occupancy, co-signed by management and tenant, dated and made part of the tenant's permanent file. The safety orientation checklist shall be signed by the resident upon completion shall contain the following elements:

a.General Precautions:

(1)Keeping doors and windows secured;

(2)Being familiar with:

(AA)Pull cords, lock systems and intercom systems

(BB)Security measures and policies concerning keys/duplicate/cards

(CC)Emergency exits and fire doors

(DD)Fire/Safety evacuation procedures

(EE)Smoke and fire alarms

(FF)Emergency phone numbers

(GG)Security systems, including guards and devices

(HH)Introduction to building personnel, and;

(3)Other responsibilities for personal safety, including:

(AA)Handling newspapers and mail

(BB)Rubbish and recycling safety measure

(CC)Handling delivery and repair service

(DD)Soliciting procedures.

b.Security Procedures:

(1) Using entrance keys/cards;

(2)Entrance procedures concerning visitors;

(3)Storage areas;

(4)Mail boxes;

(5)Using common areas;

(6)Awareness of current safety provisions;

(7)Safety procedures in emergencies;

(8)Locking the car and not leaving any personal property of value in the car when not in use;

(9)Safety procedures concerning care and parking lot, and;

(10)Handbags, billfolds carried on person.

c.Information about the Neighborhood:

(1)Available services of local financial institutions (including safe deposit boxes for valuables);

(2)Use of public/common areas on and off the housing complex property including, but not limited to: "Prohibition of Smoking in Public Spaces" (R.l. Gen. Laws Chapter 23-20.10), and;

(3)General orientation concerning a local neighborhood and areas to avoid.

d.Reporting Procedures:

(1)Responsibilities of management, security personnel and police, and

(2)Learning how and when to report any trouble or suspicious occurrences to management, security personnel, or police.

4. Time Intervals and Tenant Education

a.Tenant education (that which is offered after the initial orientation) shall be ongoing and periodic, as defined herein.

5. Tenant Education Curriculum

a.Tenant education curriculum shall include:

(1)Protecting Personal Property:

(AA)Locking the car and not leaving any personal property of value in the car when not in use;

(BB)Safety procedures concerning car and parking lot;

(CC)Handbags, billfolds carried on person;

(DD)Keeping sales slips and serial numbers of all valuables;

(EE)Utilizing available credit cards, travel club or other registration services for registering valuables;

(FF)Consulting a local police department to see if they engrave identification numbers on valuables for municipal residents, and;

(GG)Encouraging direct deposit of social security checks.

(2)Information about the Neighborhood:

(AA)Available services of local financial institutions (including use of safe deposit boxes for valuables);

(BB)Use of public/common areas on and off the housing complex property, including, but not limited to: "Prohibition of Smoking in Public Spaces" (R.I. Gen. Laws Chapter 23-20.10);

(CC)Safety and crime prevention tips, and;

(DD)General orientation of local neighborhood and areas to avoid.

(3)Self-protection:

(AA)Emergency procedures and telephone numbers (both during and after management business hours, as well as a telephone number during business hours where tenants can reach management);

(BB)Recommended techniques regarding assault;

(CC)How to obtain emergency medical care; and

(DD)Fire/safety evacuation procedures demonstrated by fire department of the city or town in which the housing is located.

6. Records of Tenant Education

a.Management shall keep a record that tenants have received proper notice for tenant education and training presentations, events, and communications after initial orientation. A dated record of such notice shall be maintained in a master file of education and training events for a minimum of three (3) years and shall be available to the Division upon request.

b.Tenants shall be notified through appropriate means including bulletin boards, newsletters, rent mailers or other methods to ensure tenants are aware of the training being offered and to encourage maximum participation.

C.Prohibition of Smoking in All Enclosed Public Spaces

Compliance with the "Public Health and Workplace Safety Act” R.I. Gen. Laws § 23-20.10-3, which prohibits smoking in enclosed public spaces, will be included in the inspection of the sites designated above and the Department of Health shall be notified of any violations therein.

D.Main Door Keys

Management must maintain a list of all individuals to whom main door keys have been distributed.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Technical Revision — effective from 2017-06-21 to 06/21/2017
• Amendment — effective from 2017-06-21 to 06/21/2017
• Technical Revision — effective from 2010-02-24 to 06/21/2017
• Amendment — effective from 2010-02-24 to 02/24/2010
• EMERGENCY RULE Amendment — effective from 2009-11-25 to 02/24/2010
• Amendment — effective from 2007-06-19 to 02/24/2010
• Amendment — effective from 2006-02-15 to 06/19/2007
• Periodic Refile — effective from 2002-01-02 to 02/15/2006

218-RICR-40-00-3 § 3.4 Safety and Security Plan

3.4.1Crime

Management is responsible for being familiar with the level of criminal activity in the vicinity of the complex and for acting accordingly with respect to security, in light of such criminal activity. The Division strongly recommends the use of security guards. Any complex that chooses to hire security guards must be in compliance with § 3.4.2 of this Part.

3.4.2 Requirements for Security Guards

A.Security guards in elderly housing must meet the requirements of this Subchapter. The security guard schedule shall be determined by housing management, subject to reasonable review and approval by the Division.

1.Minimum Standards for Employment of Security Guards in Elderly Housing. Security guards must meet certain minimum standards for employment to be suitable for work in elderly residences:

a.Housing directors or managers of housing for the elderly sites which have been determined to require security guards shall be responsible for ensuring that the security guards who work at their sites have completed training before they begin work at the site;

b.Personal interview, and;

c.Background screening to include:

(1)Bureau of Criminal Identification (mandatory);

(2)Personal references, if possible;

(3)Former employer's references, if possible.

d.Failure to perform satisfactorily on any of the required examinations may result in disqualification from employment.

B.Offenses That Will Disqualify Security Guard Applicants from Employment

The following offenses will disqualify security guard applicants from employment. These offenses are similar to the lists of offenses disqualifying child day care workers and nursing home attendants from employment. Disqualifying offenses include:

1.Offenses against the person

a.Murder

b.Voluntary manslaughter

c.Kidnapping

d.Kidnapping with the intent to extort

e.First degree sexual assault

f.Second degree sexual assault

g.Third degree sexual assault

h.Assault with intent to commit specified felonies

i.Felony assault

j.Domestic assault

2.Offenses against the family

a.Exploitation for commercial or immoral purposes

b.Abuse of elderly persons

c.Abuse of handicapped persons

d.Abuse of disabled persons

e.Abuse of children

3.Offenses against property

a.Larceny

b.Breaking and entering

c.Robbery

d.Arson

e.Burglary

4.Drug offenses

a.Any offense constituting a felony that is enumerated in R.I. Gen. Laws § 21-28-1.01 et. seq., the Uniform Controlled Substances Act.

C.Minimum Training Requirements for Security Guards

1.The following minimum standards for training to be utilized by each security guard company or manager at each housing site to which security guards are assigned shall include:

a.The written procedure manual for each site

b.Building and grounds orientation

2.Management shall maintain a personnel file on each security guard.

3.Tenants shall be prohibited from serving as security guards at sites/complexes in which they reside and except as provided below in this paragraph, from having master keys.

4.If management desires to have a tenant or a resident have a master key to apartments solely in order to assist other tenants with lockouts after management's normal business hours, the housing manager must request a variance permitting this pursuant to § 3.2.2 of this Part. The request must include documentation that the individual(s) have undergone a BCI check.

3.4.3Requirements for Security Devices/Equipment

All housing sites in Rhode Island designated as Housing for the Elderly must have cameras attached to their continuously running or motion activated recorders for the main entrance to the building. As of July 1, 2007, the requirement set forth in the preceding sentence shall apply to all ground level entrance/exit doors. In the event that a housing complex seeks a variance to this requirement see § 3.2.2 of this Part, Variance Process, the factors that will be considered in granting a variance will include without limitation, a review of the location and setting of the elderly housing complex and if the doors have alarms attached and a review of police reports of activities around the building(s).

3.4.4Department of Corrections Notices

Each elderly housing complex, as part of its tenant acceptance process, shall review and consider any notice provided to the complex by the Department of Corrections, as required by R.I. Gen. Laws § 42-56-10(23), concerning the tenant's or prospective tenant's status on parole and the Department of Corrections' recommendations, if any, regarding safety and security measures.

3.4.5Reporting Requirements

A. Every public and private housing complex designated by the federal government as housing for the elderly in the state shall establish and maintain a safety and security plan, as defined in § 3.2.1(I) of this Part herein, that conforms to the criteria available through the Division.

B.Every public and private housing complex designated by the federal government as housing for the elderly in the state shall submit the safety and security plan described in § 3.4.2 of this Part to the Director on or before the 1st day of July of each year.

C.Notice of Changes in Housing Manager and Security Personnel. All housing for elderly shall notify the Division's Manager, Housing Program of any change in the housing manager and any change in security personnel at the housing site. This notification shall be made within thirty (30) days after the change in personnel.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Technical Revision — effective from 2017-06-21 to 06/21/2017
• Amendment — effective from 2017-06-21 to 06/21/2017
• Technical Revision — effective from 2010-02-24 to 06/21/2017
• Amendment — effective from 2010-02-24 to 02/24/2010
• EMERGENCY RULE Amendment — effective from 2009-11-25 to 02/24/2010
• Amendment — effective from 2007-06-19 to 02/24/2010
• Amendment — effective from 2006-02-15 to 06/19/2007
• Periodic Refile — effective from 2002-01-02 to 02/15/2006

218-RICR-40-00-3 § 3.5 Appeals Procedures and Assessment of Penalties

3.5.1Appeals Procedures

A.If the Division determines a housing complex is in violation of these regulations, the Division will give written notice of same to the management of the housing complex.

B.Management will be allowed twenty (20) working days to remedy the problem which has been identified. A shorter time period or an immediate response may be required if there is a failure to meet a requirement which places the residents in the building(s) at risk. A longer time period to resolve the problem also may be permitted, at the Division's discretion.

3.5.2 Assessment of Penalties

A.If the problem has not been resolved within the time allowed, the housing complex may be assessed an administrative penalty up to $1,000.00 plus interest, as determined by the Director. In such event, the housing complex for the elderly shall receive written notice written or electronically from the Director stating the Division's intent to assess an administrative penalty. The notice shall include:

1.a concise statement of the circumstances that have given rise to the assessment of the penalty by the Director;

2.the amount which the Director seeks to assess;

3.a statement of the housing complex's right to a hearing on the penalty assessed;

4.the requirement to respond in writing within ten (10) days from receipt of notice of the penalty to request a hearing. Failure to respond within the ten (10) days will result in a waiver of the right to an administrative hearing; and

5.the manner of payment should the housing complex for the elderly elect to pay the penalty and waive the hearing.

B.Appeal of Denial of Variance: If an applicant for a variance is dissatisfied with any decision of the Director pursuant to § 3.2.2 of this Part, the applicant may request a hearing on the decision of the Variance Review Committee through the Executive Office of Health and Human Services, as outlined under “Appeals Process and Procedures for EOHHS Agencies and Programs," 210-RICR-10-05-2.

3.5.3Severability

If any provision of the rules and regulations herein or the application thereof to any program or circumstances shall be held invalid, such invalidity shall not affect the provision or application of the rules and regulations which can be given effect, and to this end the provisions of the rules and regulations are declared to be severable.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Technical Revision — effective from 2017-06-21 to 06/21/2017
• Amendment — effective from 2017-06-21 to 06/21/2017
• Technical Revision — effective from 2010-02-24 to 06/21/2017
• Amendment — effective from 2010-02-24 to 02/24/2010
• EMERGENCY RULE Amendment — effective from 2009-11-25 to 02/24/2010
• Amendment — effective from 2007-06-19 to 02/24/2010
• Amendment — effective from 2006-02-15 to 06/19/2007
• Periodic Refile — effective from 2002-01-02 to 02/15/2006

218-RICR-40-00-4 Rules, Regulations and Standards Governing the Home and Community Care Services to the Elderly Program

218-RICR-40-00-4 § 4.1 Introduction

4.1.1Preface

A.These Rules, Regulations and standards supersede any and all prior Rules, Regulations, and standards relating to the creation and provision of home and community care services to the elderly promulgated pursuant to R.I. Gen Laws § 42-66.3-1 et. seq. They have been promulgated to ensure that basic information about the nature of available services, eligibility to receive these services, and the role and composition of the Home and Community Care Advisory Committee is readily available to qualified service recipients and their families.

B.Pursuant to the provisions of the Administrative Procedures Act, R.I. Gen. Laws § 42-35-3, the following were given consideration in arriving at the Regulations:

1.Alternative approaches to the Regulations; and

2.Duplication or overlap with other State Regulations.

3.No alternative approach was identified; nor any duplication or overlap.

4.1.2Program Authority

The At Home Support Program, hereinafter referred to as “the Program,” is authorized by, and these Regulations are promulgated under, the authority contained in R.I. Gen. Laws § 42-66.3-1 et. seq., “Home and Community Care Services to the Elderly,” as amended.

4.1.3Nondiscrimination and Civil Rights Policy

Each agency providing At Home Support Program services and support shall be responsible for maintaining a policy of nondiscrimination in the provision of services to participants and in the employment of staff without regard to race, color, creed, national origin, sex, sexual orientation, age, handicapping condition or degree of handicap, in accordance with all applicable State and Federal statutes, Regulations, and local ordinances.

4.1.4Severability

If any provision of the Rules and Regulations herein or the application thereof to any program or circumstances shall be held invalid, such invalidity shall not affect the provision or application of the Rules and Regulations which can be given effect, and to this end the provisions of the Rules and Regulations are declared to be severable.

4.1.5Definitions

A.For the purpose of these Rules and Regulations, the following words and phrases shall mean:

1."Activities of daily living” or “ADLs" means everyday routines generally involving functional mobility and personal care, including but not limited to, bathing, dressing, grooming, eating, toileting, mobility and transfer.

2.“Adult day services program” means an agency licensed through the Rhode Island Department of Health that provides a comprehensive supervised program on a regular basis to address the biological, psychological and social needs of adults for a substantial part of a day in a single physical location for a specified number of participants daily. Adult day services may include, medical supervision, social and educational activities, snacks and/or hot lunch.

3."Alzheimer's disease" is a specific brain disease and is the most common cause of dementia, accounting for sixty (60%) to eighty (80%) percent of dementia cases.

4.“Assisted living residence” means a publicly or privately operated residence that is licensed pursuant to R.I. Gen. Laws Chapter 23-17.4, as amended.

5.“Case management” means service provided by a community-based agency designated by the Office of Healthy Aging that facilitates access to and coordinates the various services available to meet, maintain and improve the functional level and independence of the client.

6“Cost share” means the assigned client contribution to the cost of services. As used herein, “cost share” shall have the same meaning as “copay.”

7."Dementia" is used to describe a group of symptoms that affects memory, thinking and behavior. Symptoms eventually grow severe enough to interfere with daily tasks.

8.“Director” means the Director of the Rhode Island Office of Healthy Aging.

9.“Federal poverty level” or “FPL” means the Federal poverty guidelines that are issued each year in the Federal Register by the U.S. Department of Health and Human Services and that are used for administrative purposes, such as determining eligibility for certain Federal programs. For purposes of these Regulations, a percentage of the FPL is used to determine eligibility for the Program.

10."Functional assessment" is a tool used to collect information on an individual's health conditions and functional needs. This tool may be used to develop a plan of care for specific services that an individual may receive upon being determined eligible.

11."Functional impairments" means a physical, mental, social or cognitive condition or deficit that restricts an individual's ability to perform the tasks and activities of daily living and that impedes the individual's capability for self-care and independent living without assistance or supervision from others on a recurring or continuous basis for extended periods of time.

12."Home and community based services” or “HCBS" means a set of services delivered in the home or a community-based setting, that address the needs of people with functional limitations who need help with daily living activities in order to remain living at home.

13.“Home care agency” means any agency licensed by the Department of Health as a “home nursing care provider” and/or “home care provider” under the provisions of R.I. Gen. Laws Chapter 23-17, as amended.

14.“Homebound” means the condition of the client is such that the client does not have the normal ability to leave home, consequently leaving the home requires a considerable and taxing effort by the client. A client does not have to be confined to bed to be homebound.

15.“Homemaker services” means housekeeping services performed in the home for the sick, disabled, dependent, or infirm by a trained nonprofessional worker who is supervised in accordance with the requirements of Rhode Island Department of Health (§ 216-RICR-40-10-17.6.5

16.“Income” means the Federal adjusted gross income as reported to the Internal Revenue Service (IRS) for the prior year of application or the sum of the following income from the prior year:

a.Salary, wages, bonuses, commissions, income from self-employment, interest, dividends, capital gains, alimony, net rental income, pensions and annuities; and

b.Gross Social Security income, gross retirement, Veteran's disability pensions or benefits, capital gains not reported above, cash Public Assistance, support payments, Unemployment Insurance, and other non-taxable income/interest.

c.“Income”, as used herein, shall not include:

(1)Gifts from non-government sources;

(2)Surplus foods;

(3)Other relief in kind supplied by a public or private agency;

(4)Sums of money expended for medical and pharmaceutical needs that exceed three percent (3%) of applicant’s annual income or three percent (3%) of applicant’s preceding ninety (90) day income computed on an annual basis.

17.“Long-term care ombudsperson” means the person or persons designated by the Rhode Island Office of Healthy Aging Director for the purpose of advocating on behalf of recipients of long-term care services and of receiving, investigating and resolving through mediation, negotiation and administrative action complaints filed by recipients of long-term care services; individuals acting on their behalf or any individual organization or government agency that has reason to believe that a long-term care agency has engaged in activities, practices or omissions that constitute a violation of applicable statutes or regulations or that may have an adverse effect upon the health, safety, welfare, rights or the quality of life of recipients of long-term care services.

18."Long term services and supports” or “LTSS" means a variety of health, health-related and social services that assist individuals with functional limitations due to physical, cognitive or mental conditions, or disabilities. LTSS includes assistance with Activities of Daily Living (ADLs such as eating, bathing and dressing) and Instrumental Activities of Daily Living (IADLs such as housekeeping and shopping over an extended period of time).

19."Medical expenses" means allowable medical expenses that exceed three percent (3%) of an individual's annual income. The expenses may be applied against the individual's total income in the determination for program eligibility if an individual's income is above the income standard. Medical expenses include, but are not limited to:

a.Physicians, dentist, and other health care professional visits;

b.Health insurance premiums, co-pays, co-insurance, and deductibles;

c.Vision care costs;

d.Prescription medications;

e.Medical tests and x-rays;

f.Acute hospital and nursing care services;

g.Service provided by a home care agency;

h.Audiologist service and hearing aides;

i.Dentures;

j.Durable medical equipment such as wheelchairs and protective shields;

k.Therapies such as speech, physical or occupational;

l.Transportation for medical care such as care, taxi, bus, or ambulance; and

m.Long Term Services and Supports (LTSS) expenses at home or in a health care institution at the State Medicaid reimbursement rate.

20.“Nursing Assistant” means a nurse’s aide, or home health aide, who is a paraprofessional, registered, pursuant to the provisions of R.I. Gen. Laws Chapter 23-17.9, and who is trained to give personal care and related health care and assistance based on his/her level of preparation to individuals who are sick, disabled, dependent or infirm, and who are residents of or receive services from health care facilities licensed pursuant to R.I. Gen. Laws Chapter 23-17, or who are receiving services from agencies licensed pursuant to R.I. Gen. Laws Chapter 23-17.7.1.

21."Office" means the Rhode Island Office of Healthy Aging.

22."Person-centered options counseling" means an interactive decision-support process involving individuals and their family members, caregivers and/or significant others that assist them in the understanding of the LTSS choices that best serve their own goals and preferences, needs and strengths, and unique values and circumstances.

23."Personal care" means a range of services and supports that enables HCBS beneficiaries to accomplish tasks that they would normally do for themselves if they did not have functional and/or clinical limitations. Personal care may take the form of hands-on assistance or cuing to prompt the beneficiary to perform a task. The services may be provided on an episodic or on a continuing basis and may be provided by a home health aide, personal care attendant, or direct service worker.

24.“Respite care services” means temporary care given inside or outside the home of a client who cannot entirely care for him/herself and thereby offers relief to caregivers.

25."Spouse" means a person who is legally married to another.

26.“The Program”, as used herein, means the At Home Support Program.

History

• Amendment — effective from 2022-04-05 to current
• Periodic Refile — effective from 2022-01-04 to 04/05/2022
• Amendment — effective from 2017-10-09 to 01/04/2022
• Technical Revision — effective from 2009-06-29 to 10/09/2017
• Amendment — effective from 2009-06-29 to 06/29/2009
• Amendment — effective from 2008-02-04 to 06/29/2009
• Amendment — effective from 2006-02-15 to 02/04/2008
• Periodic Refile — effective from 2002-01-02 to 02/15/2006

218-RICR-40-00-4 § 4.2 Purpose and Services Available

4.2.1Purpose

The purpose of the Program is to provide eligible individuals innovative options to help them remain in the community and avoid premature institutionalization.

4.2.2Services Available

A.The Program shall consist of:

1.Medicaid home and community based services for Medicaid eligible clients; or

2.At Home Cost-Share program consists of case management, a combination of homemaker/personal care services, adult day care services and other support services deemed necessary by the Director.

History

• Amendment — effective from 2022-04-05 to current
• Periodic Refile — effective from 2022-01-04 to 04/05/2022
• Amendment — effective from 2017-10-09 to 01/04/2022
• Technical Revision — effective from 2009-06-29 to 10/09/2017
• Amendment — effective from 2009-06-29 to 06/29/2009
• Amendment — effective from 2008-02-04 to 06/29/2009
• Amendment — effective from 2006-02-15 to 02/04/2008
• Periodic Refile — effective from 2002-01-02 to 02/15/2006

218-RICR-40-00-4 § 4.3 Client Eligibility and Financial Participation by Clients

4.3.1Medicaid Home and Community Based Services

A.To be eligible for the Program, the client must be determined, through a functional assessment, to need assistance with activities of daily living and/or to meet an institutional level of care and must meet the following criteria:

1.Medicaid eligible residents of the State who are age sixty-five (65) or older; and

2.Eligible for the Rhode Island Medicaid Program as determined by the Department of Human Services. Applicants must also be assessed and determined to be in need of the assistance provided by the Program.

4.3.2At Home Cost-Share Program Eligibility

A.The Program group and eligibility requirements are determined by the State as follows:

1.Single adults – a single adult requesting the Program, is treated as an individual that is a group of one (1).

2.All single adults must meet the following eligibility requirements:

a.A Rhode Island resident;

b.Sixty-five (65) years of age, or age nineteen (19) to sixty-four (64) with a medically documented diagnosis of Alzheimer's Disease or other underlying related cause of dementia;

c.Ineligible for Medicaid; and

d.Income does not exceed two hundred fifty percent (250%) of the FPL.

3.Adults with spouses – when two (2) spouses are living together, both the person requesting the Program and the applicant's spouse are considered members of the applicants Program group (as a "couple" or group of two (2)) unless one (1) of the exceptions specified below applies:

a.Living together – a couple is considered living together in any of the following circumstances:

(1)Until the first (1st) day of the month following the calendar month of death or marriage separation (when a spouse dies or the couple separates); or

(2)When the number of days one (1) spouse is expected to receive LTSS in an institution is fewer than thirty (30) days.

b.Exceptions – adult applicants with spouses are treated as an "individual" for eligibility purposes in the following circumstance:

(1)When one (1) spouse in a couple is receiving LTSS in an institution.

4.All adults with spouses must meet the following eligibility requirements:

a.A Rhode Island resident;

b.Sixty five (65) years of age, or age nineteen (19) to sixty-four (64) with a medically documented diagnosis of Alzheimer's Disease or other underlying related cause of dementia;

c.Ineligible for Medicaid; and

d.Income does not exceed two hundred fifty percent (250%) of the FPL.

B.Availability of services under the Program shall be dependent upon appropriation of funds by the Rhode Island General Assembly. Persons meeting the eligibility requirements of § 4.3.2(A) of this Part shall be eligible for the cost share payment portion of the Program.

4.3.3Financial Participation by Clients

A.Medicaid Home and Community Based Services Program

Client share of cost for those eligible for Rhode Island Medicaid Program shall be determined by the Department of Human Services.

B.At Home Cost Share Program

Clients determined eligible under § 4.3 of this Part shall be assigned a cost share based on their income level and their selected services. Clients are responsible to pay their cost share directly to the vendor/service provider.

C.Income Guidelines of the At Home Cost Share Program are determined by the Office according to the Federal poverty limit (FPL).

1.Program income guidelines will be adjusted annually when new FPL guidelines are issued. The Director has the authority to adjust cost share amounts up to a maximum of the amounts cited below:

a.Level One (1)

(1)Individual: up to one hundred twenty-five percent (125%) FPL for individuals

(2)Home Care Cost Share: four dollars and fifty cents per hour ($4.50/hour)

(3)Couple: up to one hundred twenty-five percent (125%) FPL for families of two (2)

(4)Adult Day Services Cost Share: seven dollars per day ($7.00/day)

b.Level Two (2)

(1)Individual: greater than one hundred twenty five percent (125%) and up to two hundred percent (200%) FPL for individuals

(2)Home Care Cost Share: seven dollars and fifty cents per hour ($7.50/hour)

(3)Couple: greater than one hundred twenty five percent (125%) and up to two hundred percent (200%) FPL for families of two (2)

(4)Adult Day Services Cost Share: fifteen dollars per day ($15.00/day)

c.Level Three (3)

(1)Individual: greater than two hundred percent (200%) and up to two hundred fifty percent (250%) FPL for individuals

(2)Home Care Cost Share: seven dollars and fifty cents per hour ($7.50/hour)

(3)Couple: greater than two hundred percent (200%) and up to two hundred fifty percent (250%) FPL for families of two (2)

(4)Adult Day Services Cost Share: fifteen dollars per day ($15.00/day)

History

• Amendment — effective from 2022-04-05 to current
• Periodic Refile — effective from 2022-01-04 to 04/05/2022
• Amendment — effective from 2017-10-09 to 01/04/2022
• Technical Revision — effective from 2009-06-29 to 10/09/2017
• Amendment — effective from 2009-06-29 to 06/29/2009
• Amendment — effective from 2008-02-04 to 06/29/2009
• Amendment — effective from 2006-02-15 to 02/04/2008
• Periodic Refile — effective from 2002-01-02 to 02/15/2006

218-RICR-40-00-4 § 4.4 Program Eligibility and Duration of Eligibility

4.4.1Program Eligibility

A.The Office and its contracted case management agencies shall utilize the Office approved assessment form described in Rules, Regulations, and Standards for Certification of Case Management Agencies, Part 5 of this Subchapter. This form shall include, but shall not be limited to:

1.Pertinent demographic information;

2.Residence;

3.Date of birth;

4.Marital status;

5.Annual income for the previous calendar year, including amount and source of income (such income must be supplied for applicant and spouse when applicant is married);

6.Information on participation in other home and community-based programs;

7.Social security number;

8.All other data essential for the determination of eligibility and the maintenance of client statistics;

9.Certification through signature of the applicant that permission is granted to the Office to verify any and all information supplied on the application form as well as certification through signature that the applicant will supply to the Office, upon request, written documentation of all information included on the application form.

B.Such application form shall be made available to the Office's contracted case management agencies. The Office may verify eligibility information in one (1) or more of the following ways:

1.Review and certification of eligibility by trained staff for each assessment filed with the Office or its contracted case management agencies;

2.Computer cross checks with available data banks;

3.Home-based assessment to obtain documentation for age, residence, functional status, and previous year’s annual income or income for the ninety (90) days prior to application for services;

4.Confirmation of Medicaid eligibility by the Rhode Island Department of Human Services (specific to Medicaid LTSS);

5.Physician confirmation of diagnosis and functional need for services;

C.The following documentation shall be accepted as verification of age, residence, and income under the Program:

1.Age: One (1) of the following:

a.Rhode Island driver’s license or identification card;

b.Birth certificate; or

c.Any other official local, State, or Federal document which indicates verified date of birth.

2.Residence: One (1) of the following:

a.Rhode Island drivers license or identification card; or

b.Any other official document which indicates permanent residence, (i.e. utility bill, tax return, etc.).

3.Income, Disregards and Medical Expenses: A combination of the following is sufficient to document all income, income disregards and medical expenses included in the definition of such under the Program:

a.Previous calendar year federal income tax return;

b.Employment income: W-2 form, pay stubs with year to date total, letter from employer indicating length of employment and wages in previous calendar year;

c.TDI/Worker’s Compensation: an award letter or copies of checks;

d.Unemployment benefits: a stamped, unemployment book or copies of checks;

e.Alimony or Support: a court decree or other documentation;

f.Pension Benefits (Social Security, Veterans’ Benefits, SSI, etc.): an award letter or, after determining date of initial award, copy of most recent award letter or written verification from income source;

g.Interest Income: savings statements, passbook, letter from savings institution, W-1099 or W-9 interest form;

h.Rental Income: rent receipts, lease agreement;

i.Self-Employment Income: all receipts, bills, invoices, and other documents establishing income and expenses of operations;

j.Any listing or verification from an agency or organization for one (1) of the above shall constitute acceptable documentation of income. and allowable medical expense as defined in §§ 4.1.5(A)(8) and (15) of this Part.

4.4.2Duration of Eligibility

A.Clients whose eligibility has been established as described in § 4.4.1 of this Part shall remain eligible for a period of one (1) year, or until the following, whichever occurs first:

1.The client moves out of Rhode Island and is no longer a full-time resident; or

2.The client is no longer in need of the services of this Program; or

3.The Office conducts a reassessment of eligibility and determines the client to be ineligible.

History

• Amendment — effective from 2022-04-05 to current
• Periodic Refile — effective from 2022-01-04 to 04/05/2022
• Amendment — effective from 2017-10-09 to 01/04/2022
• Technical Revision — effective from 2009-06-29 to 10/09/2017
• Amendment — effective from 2009-06-29 to 06/29/2009
• Amendment — effective from 2008-02-04 to 06/29/2009
• Amendment — effective from 2006-02-15 to 02/04/2008
• Periodic Refile — effective from 2002-01-02 to 02/15/2006

218-RICR-40-00-4 § 4.5 Appeal Procedures

4.5.1Appeal Procedures

Any person whose application for assistance is denied or whose request for an increase in assistance is denied shall have the right to appeal such a decision. Such appeals shall follow the procedures described in 210-RICR-10-05-2, Appeals Process and Procedures for EOHHS Agencies and Programs.

History

• Amendment — effective from 2022-04-05 to current
• Periodic Refile — effective from 2022-01-04 to 04/05/2022
• Amendment — effective from 2017-10-09 to 01/04/2022
• Technical Revision — effective from 2009-06-29 to 10/09/2017
• Amendment — effective from 2009-06-29 to 06/29/2009
• Amendment — effective from 2008-02-04 to 06/29/2009
• Amendment — effective from 2006-02-15 to 02/04/2008
• Periodic Refile — effective from 2002-01-02 to 02/15/2006

218-RICR-40-00-4 § 4.6 Advisory Committee

4.6.1Advisory Committee

A.A permanent State committee to be known as the Home and Community Care Services Advisory Committee is established according to R.I. Gen. Laws § 42-66.3-8.

1.The Committee shall meet quarterly, or more frequently if deemed necessary by the Director of the Office.

History

• Amendment — effective from 2022-04-05 to current
• Periodic Refile — effective from 2022-01-04 to 04/05/2022
• Amendment — effective from 2017-10-09 to 01/04/2022
• Technical Revision — effective from 2009-06-29 to 10/09/2017
• Amendment — effective from 2009-06-29 to 06/29/2009
• Amendment — effective from 2008-02-04 to 06/29/2009
• Amendment — effective from 2006-02-15 to 02/04/2008
• Periodic Refile — effective from 2002-01-02 to 02/15/2006

218-RICR-40-00-5 Rules, Regulations, and Standards for Certification of Case Management Agencies

218-RICR-40-00-5 § 5.1 General Provisions

5.1.1Preface

A.These standards supersede any and all prior rules, regulations and standards relating to the certification of agencies providing case management services promulgated pursuant to R.I. Gen. Laws § 42-66.6-4. They have been promulgated to ensure that basic statutory requirements for serving frail elderly and adult disabled clients are met. In order to comply with these rules, regulations and standards, the agency must present sufficient evidence that the overall philosophy, objectives and services are responsive to the needs of those served; that the staff is adequate in number and properly trained to carry out the goals of the program; and that the physical plant meets safety and accessibility standards.

B.The issuance of a certificate requires compliance with these rules, regulations and standards. Under no circumstances does such a certificate commit the Division of Elderly Affairs or the State of Rhode Island to any funding of any program or agency.

C.Pursuant to the provisions of the Administrative Procedures Act, R.I. Gen. Laws § 42-35-3, the following were given consideration in arriving at the standards:

1.alternative approaches to the standards;

2.duplication or overlap with other state regulations; and

3.significant economic impact.

4.No alternative approach was identified; nor any duplication or overlap. Furthermore, the protection of the health, safety, and welfare of the public necessitates the adoption of the standards despite any economic impact which may be incurred as a result of these standards.

D.All questions arising out of these rules, regulations and standards shall be governed by the laws of the State of Rhode Island.

5.1.2Statutory Authority

Statutory authority for the present rules, regulations and standards is found in R.I. Gen. Laws § 42-66.6.3(b) and in R.I. Gen. Laws § 42-66-6.4.

5.1.3Mission Statement

The Rhode Island Division of Elderly Affairs was established in 1977 (R.I. Gen. Laws § 42-66-1) in response to the growing needs of Rhode Island’s older population. The Division’s mission is to preserve the independence, dignity, and capacity for choice for seniors, adults with disabilities, families and caregivers.

5.1.4Applicability

These rules, regulations and standards apply to all agencies and programs that receive any state or federal funding to provide case management services to the elderly. All references within these rules and regulations are incorporated by reference and have the same force and effect as if promulgated herein. The provisions of these rules, regulations and standards do not apply to any agency or program certified or licensed by any appropriate state agency under other statutory authority. Questions regarding applicability of these rules, regulations and standards to particular programs, agencies or facilities should be addressed to the Director, Division of Elderly Affairs.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Amendment — effective from 2017-06-21 to 06/21/2017
• Technical Revision — effective from 2007-06-19 to 06/21/2017
• Amendment — effective from 2007-06-19 to 06/19/2007
• Adoption — effective from 2002-12-17 to 06/19/2007

218-RICR-40-00-5 § 5.2 Case Management Mandates

5.2.1Certificate Required

A.Any person, acting alone or jointly with any other person, shall establish, conduct or maintain a case management agency serving the elderly and receiving any state or federal funding to provide case management services in this state must have a certificate in accordance with the requirements of R.I. Gen. Laws §§ 42-66.6-1 through 4 and in conformance with the rules, regulations and standards herein.

B.No agency and/or program shall represent itself as a case management agency serving the elderly and receiving any state or federal funding to provide case management or use the term case management or any other similar term in its title, advertising, publication or other form of communication, unless certified to offer case management services in accordance with the provisions herein.

5.2.2Application for Certificate

An application for a certificate shall be made to the Division of Elderly Affairs upon forms provided by the Division and shall contain such information as the Division reasonably requires. Included shall be affirmative evidence of the applicant’s ability to comply with the attached rules, regulations and standards as are lawfully prescribed herein.

5.2.3Issuance and Transfer or Assignment of Certificate

Upon receipt of a completed application for a certificate, the Division shall issue a certificate if the applicant meets the requirements of R.I. Gen. Laws § 42-66.6-2 and the rules, regulations and standards herein. A certificate issued hereunder shall be the property of the state and loaned to such certified entity. The certificate shall be kept posted in a conspicuous place on the premises. Each certificate shall be issued only for the premises and persons named in the application and shall not be transferable or assignable except with the written approval of the Division.

5.2.4Expiration and Renewal of Certificate

A.A certificate, unless sooner suspended or revoked, shall expire by limitation one (1) year following its issuance, and may be renewed after inspection, report and approval by the Division.

1.Such inspection may be made any time prior to the date of expiration of said certificate.

2.A certificate issued to a case management program or agency that has been certified for two consecutive one- year periods, unless sooner suspended or revoked, shall expire by limitation two (2) years following its issuance, and may be renewed for additional, successive two-year (2-year) periods after inspection, report and approval by the Division.

3.Such inspection may be made any time prior to the date of expiration of said certificate.

5.2.5Inspections

A.The Division shall make or cause to be made such inspections and investigations as it deems necessary by duly authorized agents of the Director at such time and frequencies as determined by the Division.

1.A duly authorized representative of the Director shall have the right to enter at any time without prior notice, to inspect the premises and services for which an application has been received, or for which a certificate has been issued.

2.Duly authorized representatives of the Director shall be permitted to interview staff, consumers, and any other interested parties.

3.Refusal to permit inspection or investigation shall constitute a valid ground for suspension or revocation of certificate or curtailment of activities.

4.Each agency shall be given notice by the Division of its level of compliance with these rules, regulations and standards, including a list of all deficiencies reported as a result of an inspection or investigation.

5.2.6Denial, Suspension or Revocation of Certificate or Curtailment of Activities

A.The Division is authorized to deny, suspend or revoke the certificate or curtail activities of any case management program or agency that receives state or federal funding and

1.has failed to comply with the rules, regulations and standards herein;

2.has offered or provided services to participants outside of the scope of its certificate; or

3.has failed to comply with the provisions of R.I. Gen. Laws § 42-66.6-2.

B.Reports of deficiencies shall be maintained on file in the Division and shall be considered by the Division in rendering determinations to deny, suspend or revoke the certificate or to curtail activities of the case management program or agency.

C.Notice of such suspension or revocation shall be made through formal correspondence.

1.Personal service of the notice is authorized in lieu of notice by mail.

a.The notice shall set forth the particular reasons for the proposed action and the procedures for requesting a fair hearing.

2.All requests for a fair hearing must be made in writing.

a.The applicant or certificate holder has thirty (30) days from the date of the Division’s notice to notify the Division that he/she is requesting a fair hearing to object to the Division’s decision.

b.If a request for hearing is not received within thirty (30) days from the date of the Division’s mailing or personal notice, the decision of the Division is final.

c.If the applicant or certificate holder requests a fair hearing, the applicant or certificate holder shall be given notice in accordance with R.I. Gen. Laws § 42-35-9.

d.If a request for a hearing is received, the Director shall appoint an administrative hearing officer who shall conduct a fair hearing. The rules for conducting fair hearings are set forth in R.I. Gen. Laws § 42-35-9 et seq.

5.2.7 Review of Certificate Action

Any applicant, certificate holder, or the state acting through the Attorney General, who is aggrieved by the decision of the Division after a hearing may appeal the decision to the Executive Office of Health and Human Services, as outlined under “Medicaid Code of Administrative Rules, Section #0110, ‘Complaints and Appeals’".

5.2.8Injunction to Restrain Operation without Certificate

Notwithstanding the existence or pursuit of any other remedy, the Division may, in a manner prescribed by law and upon the advice of the Attorney General, who will represent the Division in the proceedings, maintain an action in the name of the state for injunction or other process against any person or persons to restrain or prevent the establishment, conduct, management or operation of a program as defined in this chapter without a certificate.

5.2.9Change of Ownership, Operation and or Location

A.When a change of ownership or operation or location of a case management program or agency is planned or when discontinuation of services is contemplated, the Division shall be given written notice of pending changes.

1.A certificate shall immediately become void and shall be returned to the Division when operation of a case management program or agency is discontinued or when any changes in ownership occur.

2.When there is a change in ownership or in the operation or control of the program or agency, the Division reserves the right to extend the expiration date of such certificate, allowing the program or agency to operate under the same certificate which applied to the prior certificate holder for such time as shall be required for the processing of a new application or reassignment of consumers, not to exceed six (6) weeks.

5.2.10Nondiscrimination and Civil Rights Policy

Each program or agency shall be responsible for maintaining a policy of non-discrimination in the provision of services to participants and in the employment of staff without regard to race, color, creed, national origin, sex, sexual orientation, age, handicapping condition or degree of handicap, in accordance with 42 U.S.C. § 2000d et seq.; Americans with Disabilities Act of 1990, 42 U.S.C. § 12101; Public Law 88-352, July 2, 1964, 78 Stat. 253, 42 U.S.C. Sec. 2000e et. seq; United States Department of Labor Regulations, 20 C.F.R. § 1 - 1099; Title V of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §792; the 1990 Americans With Disabilities Act, 42 U.S.C. § 12101; R.I. Gen. Laws Chapter 42-87, which states that “Discrimination” includes those acts prohibited on the basis of race by 42 U.S.C. §1981, 42 U.S.C. § 1983 and those on the basis of handicap by 29 U.S.C. § 794 and those on the basis of disability by U.S.C. § 12100 et seq. and U.S.C. § 12101 et seq., and those on the basis of handicap by R.I. Gen. Laws Chapter 28-5; and the Rhode Island Fair Employment Practices Act, R.I. Gen. Laws § 28-5-7.3.

5.2.11Compliance with All Laws, Codes, Rules and Regulations

Each program or agency shall be responsible for complying with all local, state, and federal laws, codes, rules and regulations that apply to the program or agency.

5.2.12Definitions

A.Whenever used in these rules, regulations and standards, the following terms shall be construed as follows:

1. “Agency” means the case management agency.

2.“Building Code” means the current Rhode Island State Building Code, R.I. Gen. Laws § 23- 27.3-1 et. seq.

3.“Case Management” means a service that coordinates and links care across community-based health and social services organizations. Case management identifies and secures the necessary resources, equipment, and supplies from formal and informal sources including professionals, paraprofessionals, volunteers, family and friends.

4.“Confidentiality of Health Care Information” means the current Rhode Island Confidentiality Law, R.I. Gen. Laws § 5-37.3-1 et. seq.

5.“Division” means the Rhode Island Department of Human Services, Division of Elderly Affairs.

6.“Director” means the Director of the Rhode Island Division of Elderly Affairs.

7.“Emergency Procedures” means written protocols to specify exactly the conditions under which agency activities will be cancelled and/or agency will be closed; and agency personnel and consumers will be evacuated; and to specify means by which consumers and families will be notified of cancellations, evacuations and early closings.

8.“Life Safety Code” means the current applicable Rhode Island State Fire Safety Code, R.I. Gen. Laws § 23-28.1-1 et. seq.

9.“Major Components of the Case Management Process” means Intake/ Screening; Assessment; Care Planning; Care Coordination and Service Implementation; Monitoring; Advocacy; Reassessment; and Termination and Discharge.

10. “Role of the Case Manager” means to facilitate access by the consumer to the various services available to meet, maintain, and improve the functional level and independence of the consumer.

11.“Support Services” means anything needed to achieve the care plan.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Amendment — effective from 2017-06-21 to 06/21/2017
• Technical Revision — effective from 2007-06-19 to 06/21/2017
• Amendment — effective from 2007-06-19 to 06/19/2007
• Adoption — effective from 2002-12-17 to 06/19/2007

218-RICR-40-00-5 § 5.3 Organization and Administration of Case Management Agencies

5.3.1Organizational Philosophy

A.The agency must demonstrate how key components of consumer centered care/service are incorporated into the agency’s organizational philosophy, service program and operations in terms of:

1.The degree and character of consumer/family involvement in program development, implementation and evaluation;

2.The degree and character of consumer/family involvement in care/service planning;

3.The emphasis on consumer centered program outcomes;

4.The extent to which programs are flexible enough to meet special and individual needs;

5.Approaches to assuring consumers/families are encouraged to voice concerns, provide input;

6.Combination of formal programs and informal networks;

B.The agency must demonstrate that it has as an agency value, the provision of high quality, professional services.

C.The agency must have a mission and philosophy statement that reflects the needs of the consumers and the care and services the agency is committed to providing.

5.3.2Corporate Structure and Governance

A.The agency may be organized in any legal business form, including but not limited to sole partnership, partnership, joint venture, corporation, non-profit corporation, or trust.

B.If the agency is operated as part of, or in affiliation with, a parent organization, the agency must have a written agreement with the parent organization specifying the relationship between the two entities.

C.The agency must have a governing body with full legal authority and fiduciary responsibility for the overall operation of the agency in accordance with applicable state and federal requirements. The agency must:

1.Provide names and affiliations of members of the agency’s governing body;

2.Describe structure of the agency’s governing body;

3.Provide functional and staff organizational charts;

4.Provide a copy of the organization's charter, constitution or by-laws that include but are not limited to:

a.a definition of goals, purposes, objectives;

b.a statement of compliance with civil rights act and other federal, state, local laws safe guarding civil rights;

c.evidence of consumer involvement on governing board and/or advisory committee.

5.Provide a copy of the following:

a.annual report and

b.annual budget.

6.Demonstrate that the organization:

a.maintains financial records, provides annual report by independent auditing firm with management letter;

b.adheres to accepted standards of accounting;

c.employs administrator and gives person authority to manage the daily affairs according to established personnel and corporate policies.

d.Operates free of any conflict of interest in adherence to a formal policy to be approved by the Division.

D.The agency must submit to the Division signed written assurances that it follows all applicable federal and state requirements including, but not limited to:

1.Title VI of the Civil Rights Act of 1964;

2.Annual Certification Drug-Free Workplace Requirements;

3.Certification Regarding Lobbying.

E.Agencies that have an advisory committee must provide:

1.A list of members of the advisory committee;

2.Officers of the committee and the effective dates of their terms; and

3.A copy of the by-laws of the advisory committee.

F.The agency must maintain written guidelines for operation, personnel policies, fiscal accountability, organizational structure, organizational philosophy and mission, oversight, partnerships, training, and volunteer opportunities.

G.The agency must demonstrate that it can:

1.Generate, account for, and distribute revenue;

2.Determine future cash requirements and plan for ensuring cash flow;

3.Mitigate liability exposure, including liability for organization, providers, directors, etc.

H.The agency must present a clear and concise annual summary statement of activities and scope of service consistent with the agency’s mission and philosophy.

5.3.3Operational Capacity

A.The agency must demonstrate that it has the capacity to carry out various operational functions needed to oversee and support the program, including the ability to:

1.Manage ongoing operations;

2.Coordinate across multiple sites, if applicable;

3.Establish and maintain partnerships with entities and programs; and

4.Demonstrate an effective approach to program management.

B.The agency must demonstrate fiscal responsibility and accountability through the following:

1.Fiscal policies, procedures, record keeping that define responsibility and accountability;

2.A sound approach to financial management, including:

a.timely billing for services;

b.a plan to address long term financial needs;

c.fee schedule, including eligibility for discounts, waivers, etc;

d.evidence that the governing body approves its annual budget, and reviews income and expenditure reports and annual audit;

3.Operating on a sound financial basis according to acceptable accounting practices, and adhering to standards of accounting and reporting for voluntary health and welfare organizations; and

4.Developing and working within a budget with the capacity for ongoing provider review and revision as necessary.

C.Agencies that are first time recipients of Division funding must provide a sound business plan with plans for development and projected monthly revenue and expense statement for twelve (12) months. This plan must:

1.Include assumed consumer base, services, revenues and expenses;

2.Outline management of initial expenses; and

3.Program development and enhancement timetable.

D.The agency must show evidence of comprehensive insurance coverage that includes general liability and malpractice coverage.

E.The agency must adhere to the current Division Records Retention Schedule that applies to financial and consumer records and related documents.

F.The agency must acquire and maintain an approved vendor agreement with the state Medicaid Management Information System (MMIS).

G.If the agency conducts utilization review of health care services, as defined in R.I. Gen. Laws Chapter 23-17.12, the agency must obtain the appropriate certification from the Rhode Island Department of Health.

H.The agency must demonstrate the capacity to communicate (orally and in writing) with non-English speakers within its service area.

I.The agency must demonstrate the ability to work effectively in multiple community and cultural settings with people of different races, ethnicities, languages and religions.

5.3.4Interagency Relationships

A.The agency must demonstrate formal relationships with service providers that require providers to take referred consumers and report to the agency on the outcome of care or services. There must be a written, signed memorandum of understanding (MOU) between the parties that defines the relationship and the parties' expectations.

B.Any agency which refers consumers to any health care facility licensed pursuant to R.I. Gen. Laws Chapter 23-17 or to a residential care/assisted living facility licensed pursuant to R.I. Gen. Laws Chapter 23-17.4 or to an adult day services program licensed pursuant to R.I. Gen. Laws § 42-66-4 in which the referring entity has a financial interest must, at the time a referral is made:

1.Disclose the following information to the consumer:

a.that the referring entity has a financial interest in the facility or provider to which the referral is being made; and

b.that the consumer has the option of seeking care from a different facility or provider which is also licensed by the state to provide similar services to the consumer;

2.Offer the consumer a written list prepared by the Rhode Island Department of Health for licensed health care facilities and residential care/assisted living facilities or a written list prepared by the Department for adult day services programs; and

3.Document this financial disclosure in the individual consumer’s file.

C.Noncompliance with § 5.3.4(B) of this Part shall constitute grounds to revoke, suspend, or otherwise discipline the certified case management agency or to deny an application for certification by the Director, or may result in imposition of an administrative penalty. In cases of noncompliance involving health care facilities and residential care/assisted living facilities licensed by the Department of Health, referral will be made by the Division of Elderly Affairs to the Director of Health for disposition in accordance with R.I. Gen. Laws Chapter 23-17.10.

D.In cases of noncompliance as a result of the agencies failure to disclose financial interest, the Director of Elderly Affairs shall take appropriate action under R.I. Gen. Laws § 42-66-17.

5.3.5Physical Plant

A.The agency must provide care and services in the most convenient and accessible location for the consumer that also assures confidentiality of service/care delivery.

B.The agency must comply with all current local, state and federal codes, rules and regulations related to the physical plant, including, but not limited to, current requirements of the Americans with Disabilities Act (ADA).

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Amendment — effective from 2017-06-21 to 06/21/2017
• Technical Revision — effective from 2007-06-19 to 06/21/2017
• Amendment — effective from 2007-06-19 to 06/19/2007
• Adoption — effective from 2002-12-17 to 06/19/2007

218-RICR-40-00-5 § 5.4 Service Delivery of Home and Community Care 5.4 Service Delivery of Home and Community Care {#sec-218-ricr-40-00-5-5.4-service-delivery-of-home-and-community-care omnilex-key=us-ri-regs-official--title-218--218-RICR-40-00-5#5.4 Service Delivery of Home and Community Care}

5.4.1Intake and Assessment

A.The agency must respond by telephone to a request for assessment by the end of the first business day after day of the request.

B.The agency must conduct and document:

1.An initial screening of each potential consumer; and

2.An assessment of each potential consumer to: identify consumer's care/service needs and concerns in physical, cognitive, social, emotional, financial, nutritional, environmental domains; and lead to the development of an individualized plan of care and/or service by the case management agency and to a determination of the required level of care by the Rhode Island Department of Human Services.

C.The agency must utilize the current Division assessment tool(s) and Confidential Release of Information Form(s).

D.The agency must schedule the assessment within the following time lines:

1.Schedule an assessment within five (5) business days;

2.Conduct an assessment within 10 business days.

E.In the event that the agency is unable to meet one of the above time lines in a specific instance, the reasons shall be documented.

5.4.2Care and Service Coordination

A.The agency must provide and document these components of care/service coordination:

1.Information on services to meet consumer’s needs;

2.Regular follow up contact with consumer, service and support providers, and others to ensure continued care per care plan, identification of problems and needs, working with health plans, and further coordination with state and local public agencies to support development of unified plan;

3.An attempt by telephone or in person to reach each consumer must be made by the consumer’s case manager at least once each month;

4.If contact is not made at the monthly attempt, after the second consecutive month of inability to talk with the consumer, the case manager shall contact a representative of an agency scheduled to deliver services to the consumer;

5.Conduct an evaluation of care plan at least once every six (6) months, including the annual re-assessment prescribed by the Division;

6.Help consumers gain access to identified needed health and support services; and

7.Ensure services are delivered in timely fashion as determined by the service team, consumer and referring agency/agencies.

B.The agency must designate a case manager for each consumer. The case manager is responsible for at least:

1.Initial and monthly contact(s) with consumer;

2.Coordination of assessment;

3.Coordination of services;

4.Being available/accessible to be contacted by the consumer or his/her representative;

5.Implementation of the care plan.

6.Follow-up and re-evaluation.

C.The agency must establish and implement a policy and procedure to encourage continuity of care/service; and take steps to avoid interruptions of care/service, minimize transitions for the consumer; and provide a stable, positive relationship for the consumer.

D.The agency must coordinate care with the Division, in the case of protective services clients, so as to assure that social, health and psychological service needs and protective service needs are addressed in an integrated manner.

E.The agency must provide advocacy, as follows:

1.Support consumer’s efforts to have his/her voice heard and to get needed services;

2.Offer advocacy on consumer's or family's behalf when needed services are not being adequately provided by an organization within community's service delivery system and;

3.Recognize potential conflicts of interest and refer consumers to next appropriate service so advocacy needs are met.

5.4.3Care Plan Development and Implementation

A.The agency must utilize the current Division care plan documents to develop a care plan in collaboration with the consumer and in coordination with existing community resources within thirty (30) days after an individual is referred to the case management agency.

1.A person-centered care plan is developed with the consumer which facilitates individual choice regarding services and supports and who provides them. The consumer identifies other members they wish to participate in the care planning process.

B.The agency must:

1.Document the process for getting consumer input into his/her care plan;

2.Include in the care plan a listing of all services recommended for the consumer; and

3.Demonstrate that the plan development is done in conjunction with other agencies that provide services to the consumer.

C.The agency must document and provide a copy of the care plan to the consumer.

D.Implementation of the care plan must begin immediately upon approval of the consumer and the Division

5.4.4Care Plan Monitoring, Revision and Reassessment

A.The case manager must monitor the care plan according to the following schedule:

1.Community Waiver monthly;

2.Co-Pay as needed, but at least every six (6) months.

B.In the event that the agency is unable to meet one of the above time lines in a specific instance, the reasons shall be documented.

C.The case manager must review care plans at least twice a year. The case manager must gather relevant information and involve clinical specialists to consult on case reviews as needed.

D.The agency must have plans and procedures for all consumer reassessments:

1.Conduct a first reassessment at six (6) months for all consumers. After that, use the Division tool to complete a reassessment for all consumers every six (6) months and whenever there is a significant change in consumer’s status, as defined in the agency’s policy and procedure relating to reassessments.

2.Visit consumer in the appropriate setting and conduct face-to-face interview to review established goals and progress in meeting those goals.

E.The agency must track number of referrals, sources, and other information needed to report to the Division in the format and at intervals specified by the Division.

5.4.5Service Denial and Consumer Appeal Procedures

If a service is still denied after discussion between the consumer and the case manager, the agency must provide written notice to the consumer that includes the reason(s) for the denial, and the consumer’s right to appeal the decision to the agency. Any applicant, certificate holder, or the state acting through the Attorney General, who is aggrieved by the decision may appeal the decision to the Executive Office of Health and Human Services, as outlined under “Medicaid Code of Administrative Rules, Section #0110, ‘Complaints and Appeals’".

5.4.6Discharge/Transition

A.Discharge/transition plans must be developed for consumers with changes in service needs and changes in functional status that prompt another level of care.

B.The agency must develop a discharge protocol that includes criteria and notification procedures.

C.The agency must document the reason for discharge and all related information in the individual consumer record.

D.The agency must give the consumer and family/caregiver written notice if he/she is to be discharged from the program and:

1.Advise the consumer of his/her right to appeal a service decision, and

2.Review appeal procedure with consumer or representative.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Amendment — effective from 2017-06-21 to 06/21/2017
• Technical Revision — effective from 2007-06-19 to 06/21/2017
• Amendment — effective from 2007-06-19 to 06/19/2007
• Adoption — effective from 2002-12-17 to 06/19/2007

218-RICR-40-00-5 § 5.5 Service Delivery of Adult Protective Services

5.5.1Intake and Assessment

A.The agency must utilize the current Division assessment tool(s) and Confidential Release of Information Form(s).

B.The agency must schedule the assessment of protective services clients referred by the Division in an unannounced face to face visit within the following time lines:

1.Priority 1 Cases. These cases may be characterized by physical abuse or active neglect, a victim in poor health, an unsafe environment, a perpetrator who is a substance abuser and/or co-resides with the victim, and/or a lack of necessary supports. (Priority 1 Cases, at times, may require a same day or within 24 hour response. Priority 1 Cases are to be assessed within one to two (1-2) business days).

2.Priority 2 Cases. These cases may be characterized by psychological abuse or financial exploitation, a victim of self-neglect in fair health living in a stable environment, a perpetrator who may be a substance abuser and/or may have access to the victim, and/or some necessary supports. (Priority 2 Cases are to be assessed within three to five (3-5) business days).

C.In the event that the agency is unable to meet one of the above time lines in a specific instance, the reasons shall be documented.

D.The agency must demonstrate how it will respond to urgent/crisis requests, including what constitutes a crisis and within what timeframes the agency will respond, schedule an assessment, and perform an assessment.

5.5.2Care and Service Coordination

A.The agency must provide these components of care/service coordination:

1.Information on services to meet consumer’s needs;

2.Regular follow up contact with consumer, service and support providers, and others to ensure continued care per care plan, identification of problems and needs, working with health plans, and further coordination with state and local public agencies to support development of unified plan;

3.An attempt by telephone or in person to reach each consumer must be made by the consumer’s case manager at least once each month or as otherwise directed by the Division;

4.Complete a care plan within five (5) working days after the initial home visit detailing the initial protective services assessment, findings, recommendations, and any actions taken.

5.For high risk active protective service cases, ongoing submission of progress notes, at least every 30 days to the Division.

6.Help consumers gain access to identified needed health and support services; and

7.Ensure services are delivered in timely fashion as determined by the service team, consumer and referring agency/agencies.

B.The agency must designate a case manager for each consumer. The case manager is responsible for at least:

1.Initial and monthly contact(s) with consumer;

2.Coordination of assessment;

3.Being available/accessible to be contacted by the consumer or his/her representative;

4.Implementation of the care plan;

5.Follow-up and re-evaluation:

a.When additional information is received on active protective service case management referrals, the Division caseworker will e-mail the case manager to advise on the additional information.

b.For self-neglect cases, case reviews are completed every two months with the designated agencies by the Division self-neglect caseworker and the case managers and case manager supervisors.

c.Inactivating or closing of protective service case management referrals:

(1)The case manager will initiate an e-mail to the Division protective services caseworker with a request to review progress notes for case inactivation/closure.

(2)It is the responsibility of the Division protective services caseworker to officially inactive/close the case by forwarding an e-mail to the case manager advising of the case disposition.

5.5.3Care Plan Development and Implementation

A.The agency must utilize the current Division care plan documents in the SAMS data system to develop a care plan in collaboration with the consumer and in coordination with existing community resources. (Case Management staff shall implement the protective services care plan and enter the progress notes within one (1) business day after contact or attempted contract with the client in the SAMS data system. The Case Management Staff will then notify the DEA APS designated caseworker by e-mail immediately advising the worker to review the notes).

B.The agency must:

1.Document the process for getting consumer input into his/her care plan;

2.Include in the care plan a listing of all services recommended for the consumer; and

3.Demonstrate that the plan development is done in conjunction with other agencies that provide services to the consumer.

C.Implementation of the care plan must begin immediately upon approval of the consumer.

5.5.4Care Plan Monitoring, Revision and Reassessment

A.The case manager must monitor the care plan according to the following schedule:

1.Self-Neglect monthly; Case Reviews every other month

B.The agency must track number of referrals, sources, and other information needed to report to the Division in the format and at intervals specified by the Division.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Amendment — effective from 2017-06-21 to 06/21/2017
• Technical Revision — effective from 2007-06-19 to 06/21/2017
• Amendment — effective from 2007-06-19 to 06/19/2007
• Adoption — effective from 2002-12-17 to 06/19/2007

218-RICR-40-00-5 § 5.6 Personnel 5.6 Personnel {#sec-218-ricr-40-00-5-5.6-personnel omnilex-key=us-ri-regs-official--title-218--218-RICR-40-00-5#5.6 Personnel}

5.6.1Employee Policies

A.The agency must document clear job roles and lines of communication.

B.The agency must disclose any financial or other formal relationships with other facilities and organizations to which it refers consumers.

C.The agency must have an established process for assuring employee competence, including licensing where necessary.

D.The agency must have written policies to:

1.Inform staff and consumers of general content of Division and other state and federal regulations, including but not limited to regulations related to personnel, fiscal, access to services;

2.Develop and implement personnel policies and procedures to ensure compliance with Division and other state and federal regulations;

3.Outline personnel supervision, evaluation, training and record keeping;

4.Verify licensing and credentials of licensed or certified personnel upon hire and then at least every year; and

5.Specify roles played by volunteers and which employee policies and procedures apply to volunteers.

E. All employees who have direct participant contact must be subject to a state and national criminal background check prior to, or within one (1) week of, employment.

1.In those situations in which no disqualifying information, defined as any conviction for any offense listed in R.I. Gen. Laws § 23-17.4-30 and R.I. Gen. Laws § 23-17-37, has been found, the bureau of criminal identification (BCI) will inform the applicant and the agency in writing;

2.Any disqualifying information will be conveyed to the applicant in writing by the BCI;

3.The agency will also be notified that disqualifying information has been discovered, but will not be informed of the nature of the disqualifying information;

4.The agency must maintain on file, subject to inspection by the Division, evidence that criminal records checks have been initiated on all employees seeking employment, as well as the results of said checks;

5.If an applicant has undergone a criminal records check within eighteen (18) months of an application for employment, than an agency may request from the BCI a letter indicating if any disqualifying information was discovered. The BCI will respond without disclosing the nature of the disqualifying information. This letter may be maintained on file to satisfy the requirements of this section.

6.An employee against whom disqualifying information has been found may request a copy of the criminal background report be sent to the agency that shall make a judgment regarding the continued employment of the employee.

F.The agency must assure that staff holding professional licensure hold a current Rhode Island license and practice within the scope of this license.

G.The agency must maintain confidential personnel records for each employee that include at least the following information:

1.Job application and resume;

2.References;

3.Copy of license or certificate;

4.Documentation of training;

5.Results of criminal background checks;

6.Any performance evaluations; and

7.Signed agreement about consumer information and records confidentiality.

H.The agency must protect itself by providing professional insurance protection/malpractice insurance/errors and omission protection coverage. The agency shall maintain customary commercial general liability insurance (including automobile coverage) and professional liability insurance in commercially reasonable amounts, and any additional bonding that the Division may require. Evidence of such insurance shall be provided to the Department simultaneously with the execution and delivery of this Agreement by the Contractor and from time to time upon request.

I.The agency must comply with all provisions of applicable law, including, but not limited to, the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101; Public Law 88-352, July 2, 1964, 78 Stat. 253, 42 U.S.C. Sec. 2000e et. seq (prohibits discrimination on the basis of race, sex, national origin, sexual orientation, disability); and the Governor’s Executive Order No. 95-11 (relating to sexual harassment).

J.The agency must comply with the Division’s requirements regarding the safeguarding of consumer information and records.

K.The agency must comply with all state and local building, fire safety, and health codes.

L.The agency must have a written infection control plan.

5.6.2Staff Training

A.A written plan for providing ongoing education, supervision and direction to staff who provide the core services specified in the contract must be included in the agency's policy and procedure manual.

B.The agency must provide training to refine and update staff's knowledge and skills in the following areas:

1.Consumer rights;

2.Consumer information and record confidentiality;

3.Diversity and cultural sensitivity;

4.Substance abuse, mental health, elder abuse and self-neglect identification;

5.Dementias, including but not limited to Alzheimer’s disease;

6.Detection of potential risk factors; and

7.Staff and consumer safety;

8.Training of staff on how to approach clients with significant vision/hearing impairments.

C.The agency must provide staff with orientation and training needed to produce competent and caring case managers:

1.All new case management staff must receive a complete orientation to agency policies and procedures, resources in the community, and overview of all agency programs.

2.At time of orientation, the agency must distribute a copy of the agency’s educational plan and professional development guidelines that address continuing educational opportunities for case management staff.

3.Case managers must receive training on the Division’s standardized assessment instrument and client database system, with training provided when changes are made to this instrument.

5.6.3Staffing and Staff Qualifications

A.NOTE: these requirements are in addition to all applicable state and other funding agency licensing and other requirements.

B.The agency must delineate staff roles, reporting relationships, and supervision.

C.The agency must provide job descriptions for each staff position.

1.Where volunteers are used, provide volunteers with written job descriptions outlining needed skills, duties, lines of supervision and communication.

D.Each consumer must have a designated case manager:

1.The agency must define how a case manager will be assigned to the consumer, including but not limited to procedures for consumer choice of case manager;

2.The case manager must receive training in the systems the consumer may need and that are available in the network and through other providers;

3.The agency must define the experience criteria for a case manager.

E.Case Managers must have an associates or higher degree in social work, gerontology, nursing, human services, or related field; and must meet the agency’s definition of experience criteria for a case manager (See § 5.6.3(D)(3) of this Part).

F.Case Management Supervisors must have a bachelor’s degree, preferably in social work, or have a bachelor of science in nursing degree with a current Rhode Island license. Specialty or advanced training in gerontology and in supervision is preferred. A minimum of three (3) years of experience in direct services with the elderly and one (1) year experience in supervision preferred.

G.All staff licensed by the State of Rhode Island must maintain current Rhode Island license(s).

H.The agency must ensure that case managers possess the following skills and abilities:

1.Ability to communicate with consumers, family members, providers, and coworkers;

2.Knowledge of human behavior and the aging process;

3.Knowledge of available program funding and other resources;

4.Ability to engage persons of various cultures and lifestyles in the helping process;

5.Ability to work with various cultures and the sensitivity required to empower the family system;

6.Knowledge of social, health, and mental health interventions;

7.Skills and techniques for crisis intervention and problem solving;

8.Ability to critically analyze and make immediate decisions;

9.Ability to actively listen to the consumer;

10.Skills in time management, organizational development, and planning;

11.Ability to empower consumers and to accept the consumer’s choices;

12.Knowledge of federal, state, and local policies with regard to community based programs;

13.Ability to effect change through advocacy for the consumer; and the

14.Ability to initiate and sustain trusting relationships.

I.The agency must ensure that each case manager has a reasonable caseload that allows him/her adequate time to meet the needs of their consumers and comply with Division rules, regulations and standards.

J.Agency determination of caseload size must take into account consumer mix, scope of work provided, and complexity of work provided.

K.The agency must have sufficient case management staff to provide good consumer service and assure the provision of quality services to all consumers in a timely manner.

L.The agency must ensure that case management supervisors possess the following skills and abilities:

1.Ability for strong inter-personal communication;

2.Ability to plan and conduct weekly supervisory meetings with individuals and groups;

3.Ability to provide ongoing guidance and support to staff and consumers;

4.Ability to design consumer and program goals, policies, and procedures that can be adjusted to the changing needs of consumers and policy makers;

5.Ability to conduct in-service training and provide ongoing professional growth of staff members;

6.Ability to evaluate case manager’s skills on an ongoing and annual basis;

7.Ability to establish clear and measurable objectives for case managers and other staff;

8.Ability to coordinate and network with a wide variety of agencies and professionals involved in providing services to older persons;

9.Ability to collect and use data required by the Division management information system;

10.Knowledge of quality measures; and

11.Ability to develop and implement quality outcome measures.

M.The agency must assure that the individual who is responsible for the supervision of all case management staff assumes a leadership role by doing at least the following:

1.Reviewing case records and ensuring that documentation is adequate and up- to-date and that consumer records and reports meet agency guidelines;

2.Meeting at least twice a month with each case manager to assist him/her with care plan implementation and problem solving;

3.Documenting all supervision meetings and signing those consumer records reviewed during the meeting;

4.Conducting home visits with each case managers every six (6) months in order to evaluate the skill level of the case manager; and

5.Observing and documenting each case manager’s inter-personal skills, care plan review, knowledge of services provided, and active listening skills.

N.The agency administrator must have a bachelor’s degree and at least three (3) years of experience in program development or management. Equivalent education and experience will be acceptable and shall be justified in writing at the time of hire.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Amendment — effective from 2017-06-21 to 06/21/2017
• Technical Revision — effective from 2007-06-19 to 06/21/2017
• Amendment — effective from 2007-06-19 to 06/19/2007
• Adoption — effective from 2002-12-17 to 06/19/2007

218-RICR-40-00-5 § 5.7 Data Management and Continuous Quality Improvement

5.7.1Collecting and Managing Data

A.The agency must have an information system to collect, analyze, report consumer data, indicators, reports and improvement plans. This information system must be compatible with the Division’s client database so that the Division can generate reports directly or via written requests to the agency.

B.The agency must collect measurable indicators identified by the Division:

1.Indicators will be in the following categories: service use, consumer characteristics, unmet needs, gaps, service duplications; and

2.Specific data elements will be specified in the service contract.

C.The agency must gather information in standardized format supplied by the Division and report at intervals specified by the Division.

D.The agency must maintain consumer records that include at least the following:

1.Assessments, care plans, reevaluations, consultations, discharge plans;

2.Release of confidential information documents;

3.Copies of legal documents, such as power of attorney and advance directives;

4.Fees and arrangements for reimbursement and payment; and

5.Identification of and authorization for third party payers.

E. The agency must comply with all current Divisional policies and procedures and with all current state and federal laws and regulations related to confidential consumer information and records.

F.The agency must provide the Division with all evaluation/quality assurance data specified in the contract in the specified format, including but not limited to:

1.Consumer demographics;

2.Units of services provided;

3.Cost data;

4.A sample of care plans for expert review;

5.Information needed to conduct a Division consumer satisfaction survey.

5.7.2Program Evaluation and Quality Improvement

A.The agency must develop and utilize a self-evaluation and continuous improvement system with a statement of program goals and objectives.

B.The agency must revise its program based on the outcome of self-evaluation.

C.The agency should review established program goals, performance compared to goals, measures in place to address areas of concern, and recommendations based on data collected.

D.The agency’s continuous quality improvement system should address scope of services, cost effectiveness, evaluation findings, recommendations, timetable for implementing change, identification of individuals and agencies involved in plan.

E.Quality Improvement policy and procedures must address the core services provided by the agency and include:

1.Care process improvement strategies;

2.Degree of coordination with other systems, coordination of plans; and

3.An evaluation of the agency’s organizational capacity;

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Amendment — effective from 2017-06-21 to 06/21/2017
• Technical Revision — effective from 2007-06-19 to 06/21/2017
• Amendment — effective from 2007-06-19 to 06/19/2007
• Adoption — effective from 2002-12-17 to 06/19/2007

218-RICR-40-00-5 § 5.8 Organizational Ethics

5.8.1General

A.The agency must operate free of conflicts of interest.

B.If the agency has a system for reimbursement, bonuses or incentives to staff based on consumer service utilization, the agency must establish and implement policies to ensure that consumer care/service is not compromised.

C.The agency must comply with state procedures for reporting suspected elder abuse and/or neglect to the Division and to other legally mandated agencies and individuals.

5.8.2Consumer Rights and Responsibilities

A.The agency must have a consumer bill of rights that addresses the rights and responsibilities of the consumer in relationship to the program and agency.

B.The agency consumer bill of rights must implement the principle that consumers have the right to exercise their choices and values in service provision and that the case management process honors consumer rights, preferences, and values.

C.The consumer bill of rights must address consent, consumer satisfaction, consumer autonomy, consumer choice and participation, confidentiality, ensuring consumer is fully informed, and grievance policies and procedures.

D.The agency must distribute and explain the consumer bill of rights to all consumers (or their representatives, families) staff, and volunteers in the appropriate language.

E.All consumers or their representatives must review all consents and permission documents, sign or indicate that they understand what they have read and refuse to sign. Copies of all consents and permission documents must be kept in the consumer’s individual record.

F.The agency must ensure that each consumer is treated as an adult, with consideration, respect, dignity, and privacy.

G.The agency must assure the consumer has self-determination within the service setting and must inform consumers of choices regarding services and care.

H.The consumer has the right to refuse services and know the implication of such refusal relating to benefits eligibility and/or health outcomes.

I.The agency must use end of life and advance care directives as applicable. Case managers shall discuss advance directives with all consumers who do not have such documents upon assessment and reassessment and document these conversations in the consumer record.

J.The agency must utilize alternative approaches when the consumer and/or family is unable to fully participate in the assessment phase.

K.The agency must have a process for consumer participation in all phases of the case management process (from care/service plan development to service delivery) and for assuring that the consumer is informed of rights and responsibilities. The consumer may assign responsibility to another individual.

L.The agency must establish and implement a policy to protect the confidentiality of consumer specific information to the extent of law. This policy must:

1.Address communications and records transmitted or stored, in conformance with applicable law and regulation;

2.Assure that no personal or medical information will be released to persons not authorized under law to receive it without the consumer’s written consent, in accordance with R.I. Gen. Laws Chapter 5-37.3; and

3.Require employees to sign a statement that they understand their responsibility to preserve confidentiality.

M.The agency must take necessary steps to ensure that consumers are fully informed, including but not limited to:

1.Procedures for orienting consumer/family to policies, services, facilities;

2.Making public all agency and program inclusion and exclusion criteria; and

3.Providing consumers with the following information:

a.program's range of care and services,

b.staffing profile,

c.consumer confidentiality,

d.policies and procedures,

e.admission, transfer and discharge procedures,

f.fees and arrangements for reimbursement and payment,

g.identification of and authorization for third party payers,

h.any non-financial obligations of the consumer and family, and

i.days and hours of program operation, including schedule of holidays.

N.The agency must provide the bill of rights in English and other principal languages within its service area; and display a large print copy in an area frequented by the public.

O.The agency must assure that consumers can voice grievances about care and services without discrimination or reprisal, and must maintain a complaint/grievance log that is available for review by the Division.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Amendment — effective from 2017-06-21 to 06/21/2017
• Technical Revision — effective from 2007-06-19 to 06/21/2017
• Amendment — effective from 2007-06-19 to 06/19/2007
• Adoption — effective from 2002-12-17 to 06/19/2007

218-RICR-40-00-5 § 5.9 Variance Procedures, Violations, Sanctions and Severability

5.9.1Variance Procedure

A.The certification rules, regulations and standards for case management programs and agencies are designed so that full compliance is required in order for a certificate to be granted.

1.It is recognized that there will be need from time to time for a program or agency to bypass a specific rule or rules in order to best accomplish its stated philosophy, goals and purpose.

B.The Division may grant a variance either upon its own motion or upon request of the applicant from the provisions of any rule or regulation in a specific case if it finds that a literal enforcement of such provision will result in unnecessary hardship to the applicant and that such a variance will not be contrary to the public interest, public health and/or health and safety of consumers.

1.A request for a variance shall be filed by an applicant in writing, setting forth in detail the basis upon which the request is made.

2.Within ten (10) working days of the receipt of the variance request, unless additional time is required to review the program and the reason for the variance, the Variance Review Committee will review the application and return a decision, in writing, to the applicant.

3.If the applicant is dissatisfied with the decision of the Variance Review Committee, an appeal may be made through the process outlined in § 5.4.5(A) of this Part..

5.9.2Deficiencies and Plans of Correction

A.The Division shall notify the governing body or other legal authority of a program or agency the degree of compliance with these rules, regulations and standards through a statement, including a notice of deficiencies, if any.

B.If the Director determines that immediate action is necessary to protect the health, welfare, or safety of the public or any member thereof through the issuance of an immediate compliance order, a certificate holder who receives a notice of deficiencies will be provided a corrective action plan from the Division, and is expected to begin work to remedy deficiencies immediately.

1.The plan of correction shall note any variance to be allowed to the certificate holder for the timeframe outlined in the corrective action plan.

C.If an agency or program placed under a corrective action plan by the Division fails to successfully respond to actions outlined in the corrective action plan within the prescribed time frame, the Division may invoke the sanctions enumerated in § 5.2.6 of this Part above.

1.If the program or agency is aggrieved by the sanctions of the Division, it may appeal the decision and request a fair hearing. The notice of the hearing to be given by the Division and the hearing shall comply in all respects with the provisions of R.I. Gen. Laws § 42-35-9.

5.9.3Violations and Sanctions

Any person establishing, conducting, managing or operating a case management program as defined by these rules, regulations and standards without a certificate shall be guilty of a misdemeanor, and upon conviction, may be fined not more than one thousand dollars ($1,000) or imprisoned not more than six (6) months, or both, at the discretion of the court, for each offense.

5.9.4Severability

If any provision of the rules, regulations and standards herein or the application thereof to any program, agency or circumstances shall be held invalid, such invalidity shall not affect the provision or application of the rules, regulations and standards which can be given effect, and to this end the provisions of the rules, regulations and standards are declared to be severable.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-06-21 to 01/04/2022
• Amendment — effective from 2017-06-21 to 06/21/2017
• Technical Revision — effective from 2007-06-19 to 06/21/2017
• Amendment — effective from 2007-06-19 to 06/19/2007
• Adoption — effective from 2002-12-17 to 06/19/2007

218-RICR-40-00-06 Rules and Regulations Governing the Prescription Drug Discount Program for the Uninsured

218-RICR-40-00-06 § 6.1 The Best RX Prescription Drug Program for the Uninsured

6.1.1Legal Provisions

A.Legal Authority

1.The Best RX Prescription Drug Program for the Uninsured is authorized by, and these regulations are promulgated under, the authority of R.I. Gen. Laws § 42-66.2.1-1 et. seq., as amended “Rhode Island Best RX Prescription Drug Discount Program for the Uninsured”.

B. Nondiscrimination and Civil Rights Policy

1.Each agency that provides prescription drug discount services to uninsured Rhode Island residents shall be responsible for maintaining a policy of nondiscrimination in the provision of services to participants and in the employment of staff without regard to race, color, creed, national origin, sex, sexual orientation, age, handicapping condition or degree of handicap, in accordance with 42 U.S.C. § 2000d et seq.; Americans with Disabilities Act of 1990, 42 U.S.C. § 12101; Public Law 88-352, July 2, 1964, 78 Stat. 253, 42 U.S.C. Sec. 2000e et. seq; United States Department of Labor Regulations, 20 C.F.R. § 1 - 1099; Title V of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §792; the 1990 Americans With Disabilities Act, 42 U.S.C. § 12101; R.I. Gen. Laws § 42-87, which states that “Discrimination” includes those acts prohibited on the basis of race by 42 U.S.C. §1981, 42 U.S.C. § 1983 and those on the basis of handicap by 29 U.S.C. § 794 and those on the basis of disability by U.S.C. § 12100 et seq. and U.S.C. § 12101 et seq., and those on the basis of handicap by R.I. Gen. Laws § 28-5; and the Rhode Island Fair Employment Practices Act, § 28-5-7.3.

C. Compliance with All Laws, Codes, Rules and Regulations

1.Each agency that provides prescription drug discount services to uninsured Rhode Island residents shall be responsible for complying with all local, state, and federal laws, codes, rules and regulations that apply to the program.

D.Severability

1.If any provision of the rules and regulations herein or the application thereof to any program or circumstances shall be held invalid, such invalidity shall not affect the provision or application of the rules and regulations which can be given effect, and to this end the provisions of the rules and regulations are declared to be severable.

6.1.2Definitions

A.For the purpose of these Rules & Regulations, the following words and phrases shall mean:

1.“Administrative Fee” means a fee which will be collected from the participants by the participating pharmacy for each transaction at the point-of-sale.

2.“Department” means the Rhode Island Department of Human Services and Division of Elderly Affairs.

3.“Directors” means the Directors of the Department of Human Services and Director of the Division of Elderly Affairs.

4.“Participating Pharmacy” means any pharmacy licensed in the State of Rhode Island which has a written agreement with the Program Contractor agreeing to the conditions and requirements of participation in the Best RX Prescription Drug Discount Program for the Uninsured.

5.“Pharmacy dispensing fees” are fees to cover dispensing of the drugs by participating pharmacies.

6.“Program” means the Best RX Prescription Drug Discount Program for the Uninsured.

7.“Resident” means any resident of the State of Rhode Island who fulfills the residency requirements set forth in R.I. Gen. Laws § 17-1-3.1 entitled “Residence for voting purposes”.

a.A person’s residence for voting purposes is his/her fixed and established domicile.

(1)The determinant of one’s domicile is that person’s factual physical presence in the voting district on a regular basis incorporating an intention to reside for an indefinite period.

(2)The domicile is the place to which, upon temporary absence, he/she has the intention of returning.

(3)Once acquired, this domicile continues until another such domicile is established.

(4)A person can have only one (1) domicile.

6.1.3Eligibility

A.The following are required to be eligible for the Best RX Program:

1.Persons who are residents of this state and:

a.Are over the age of sixty (60) and are ineligible for Medicare Part D; or

b.Receive Social Security Disability Insurance benefits; or

c.Subject to subsection (B) of this section, are uninsured for prescription drugs and have an annual family income at or below three hundred percent (300%) of the federal poverty level, shall be eligible for the prescription drug discount program offered under the provisions of this Part.

B.Persons eligible shall not include an individual who is eligible, or has been eligible for the four (4) months prior to the application for the drug discount program offered under the provisions of this chapter, for outpatient prescription drug coverage under a health benefits program, other than a worker's compensation program, paid for in whole or in part by an employer, Medicaid, Medicare, or another state or federal health plan or pharmaceutical assistance program that uses state or federal funds to pay part or all of the individual's prescription drug costs.

1.This provision shall not apply to individuals who become uninsured due to a layoff or sponsored health plan bankruptcy.

C.An individual or a household member acting on behalf of an individual may establish eligibility by self-certification of the criteria established in § 6.1.3(A) and § 6.1.3(B) of this Subchapter, and prospective enrollees shall be informed of the penalties for making false statements on a government application.

1.The contractor shall facilitate distribution of information needed to make self-certification application and may provide for enrollment using telephone, Internet and such other means as are likely to reach prospective enrollees, including use of volunteers and community based outreach.

6.1.4 Fraud and Abuse

A.The Department and/or their designee shall declare ineligible any consumer who abuses or misuses the Best RX Program. The Department and/or their designee is empowered to investigate cases of suspected provider or consumer fraud.

B.Delegate agencies and participating pharmacies shall report to the Department and/or their designee any suspected incident of fraud or abuse. Such reports shall be made to the Directors and/or their designee.

C.Fraud and abuse shall include but not be limited to:

1.Falsification of information on the application for assistance;

2.Use or attempted use of an eligibility card by an unauthorized individual;

3.Rebates or reimbursements to consumers for pharmaceutical expenses other than that allowable by law;

4.Falsification of information by a participating pharmacy;

5.Consumer or provider claims for duplicative benefits;

6.Any violation or attempt to violate the provisions of R.I. Gen. Laws § 42-66.2, as amended or these rules and regulations.

D.Individuals attempting fraud or abuse and individuals who aid or abet another in attempting fraud or abuse shall be subject to imprisonment for a term of not more than one (1) year or a fine of not less than five hundred dollars ($500) or both.

1.The Department and/or their designee shall investigate all reports of fraud and abuse, and shall refer all pertinent findings to the Office of the Attorney General.

E.Any provider or consumer found guilty of intentionally violating the provisions of these rules and regulations shall be subject to immediate termination from this program for a period of no less than one (1) year.

1.Notice of such termination shall be in writing and will not carry with it the right for to appeal.

F.Any provider or consumer who is found guilty under this the Act and these regulations is shall be subject to repay three (3) times the value of the material gain he or she received.

6.1.5Discount Agreements

A.The contractor shall be authorized to negotiate and enter into agreements with manufacturers and pharmacies to provide discounts on prescription drugs.

1.In general, the contractor shall seek discounts from pharmacies and manufacturers that are comparable to those available under health plans that provide pharmacy benefits to employees of state and local government entities.

B.The Department and /or their designee in consultation with the contractor, shall establish maximum prices to be charged an enrollee, and the contractor shall establish and publicize special value prices where it has established a significant discount on a generic drug or where a drug's manufacturer has agreed to subsidize discounts by making quarterly rebate payments.

1.The contractor shall establish any arrangements for compensating pharmacies where the prices payable by enrollees have been reduced using manufacturer rebates, and for collecting administrative fees paid by enrollees to pharmacies.

2.The contractor shall establish arrangements for facilitating application by Best RX enrollees to patient assistance programs offered by participating manufacturers.

C.Pharmacy dispensing fees shall be uniformly established in advance at an amount that shall not exceed two dollars and fifty cents ($2.50) per prescription, and shall be paid directly to the pharmacy by the program beneficiaries.

6.1.6Reporting Requirements

A.The Department and/or their designee shall regularly publish information on the number of enrollees, and the number of prescriptions filled under the program, and ensure timely availability to the public of the drug prices payable by enrollees and the percentage savings off the usual and customary charge reflected by such prices.

6.1.7Administrative Fees

A.The Department and/or their designee shall ensure that administrative fees imposed by means of § 6.1.7(A)(1) or § 6.1.7(B) of this Subchapter, are sufficient to cover all expenses related to the management of the discount program.

1.Per prescription administrative fees paid by the enrollee shall be established as follows:

a.for the first twenty thousand (20,000) prescriptions filled for program beneficiaries, two dollars ($2.00) per prescription;

b.for the next twenty thousand (20,000) prescriptions filled for program beneficiaries, one dollar and fifty cents ($1.50) per prescription;

c.for the next twenty thousand (20,000) prescriptions filled for program beneficiaries, one dollar ($1.00) per prescription;

d.after the initial sixty thousand (60,000) prescriptions are filled, the Rhode Island Best RX Program Advisory commission, established in R.I. Gen. Laws § 42-66.2.1-6 below, shall advise the Department and/or their designee regarding an appropriate per prescription administrative fee, which shall not exceed one dollar ($1.00) per prescription.

B.Any authority for the contractor to retain a share of manufacturer rebates to defray administrative expenses shall be subject to a quarterly review and revision based on reconciliation of aggregate rebates received and administrative costs in excess of fees established under § 6.1.7(A) of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2014-01-01 to 01/04/2022
• Technical Revision — effective from 2014-01-01 to 01/01/2014
• Amendment — effective from 2014-01-01 to 01/01/2014
• Adoption — effective from 2006-02-15 to 01/01/2014

Chapter 50 Rehabilitation Services

Subchapter 00

218-RICR-50-00-1 Vocational Rehabilitation Program Regulations

218-RICR-50-00-1 § 1.1 PURPOSE

A.These rules establish the requirements for implementation, based on the Rehabilitation Act of 1973, Pub. L. No. 93-112 as amended by the Workforce Innovation and Opportunity Act (WIOA) of 2014, Pub. L. No. 113-128 of the Vocational Rehabilitation (VR) Program and the Supported Employment (SE) Program. Under the Department of Human Services (DHS), the Office of Rehabilitation Services (ORS) is responsible for administering this program. These regulations will:

1.define required information for application

2.define eligibility requirements

3.specify scope of services

4.specify standards for continued eligibility

5.specify mediation and appeals process for denial of services/ineligibility

6.specify criteria for case closure

B.Programs: ORS, through three (3) distinct programs, provides vocational rehabilitation, social services and independent living services, and disability determination to Rhode Island residents. This document will focus on the regulatory requirement of the VR Program of ORS.

1.The VR program is a State/Federal program whose major function is to access, plan, develop, and provide access to employment opportunities to eligible individuals with physical, emotional and/or intellectual disabilities. ORS has long elected to base its minimum personnel standards for vocational rehabilitation counselors on the requirement of a Master's degree in Rehabilitation Counseling.

2.The VR Program is able to provide a wide array of services designed to assist eligible Rhode Islanders to become employed which include: counseling and guidance; medical, social, psychological and educational evaluations; physical restoration; medical services; personal adjustment; training; rehabilitation engineering services; job training; job exploration; job placement; and post-employment services.

3.The VR Program has two units that work with youth and adults with sensory impairments: Services for the Blind and Visually Impaired and a Deaf and Hard of Hearing Unit.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-1 § 1.2 AUTHORITY

These rules and regulations are promulgated pursuant to the Rehabilitation Act of 1973, Pub. L. No. 93-112 as amended by the Workforce Innovation and Opportunity Act (WIOA) of 2014, Pub. L. No. 113-128 of the Vocational Rehabilitation (VR) Program and the Supported Employment (SE) Program R.I. Gen. Laws §§ 42-12-8 through 17 and 22; and 29 U.S.C. §§ 721-722. Federal Laws supersede RI General Law.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-1 § 1.3 INCORPORATED MATERIALS

A.These regulations hereby adopt and incorporate the following, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

1.The State Vocational Rehabilitation Services Program, 34 C.F.R. § 361 (VR Program); The State Supported Employment Services Program, 34 C.F.R. § 363 (SE program); and Limitations on Use of Subminimum Wage, 34 C.F.R. § 397 (2016).

2.The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. § 200 (2014).

3.OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 3485 (2012).

4. The Education Department General Administrative Regulations (EDGAR) as follows:

a.Administration of Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-profit Organizations, with respect to subgrants to entities that are not State or local governments or Indian tribal organizations, 34 C.F.R. Part 74 (2014);

b.State Administered Programs, 34 C.F.R. Part 76 (2014);

c.Definitions that Apply to Department Regulations, 34 C.F.R. Part 77 (2014);

d.Intergovernmental Review of Department of Education Programs and Activities, 34 C.F.R. Part 79 (2014);

e.Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, 34 C.F.R. Part 80 (2014);

f.General Education Provisions Act - Enforcement, 34 C.F.R. Part 81 (2014);

g.New Restrictions on Lobbying, 34 C.F.R. Part 82 (1990);

h.Drug and Alcohol Abuse Prevention, 34 C.F.R. Part 86 (1996).

5.Description of One-Stop Service Delivery System under Title I of the Workforce Innovation and Opportunity Act of 2014, 20 C.F.R. Part 678.

6.Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act of 2014, 29 C.F.R. Part 38 (2015).

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-1 § 1.4 DEFINITIONS

A.For the purpose of these regulations, except as provided below, the following terms have the following meanings:

1."Agency" means the Office of Rehabilitation Services.

2."Applicant" means an individual who applies for the VR Program in accordance with 34 C.F.R. § 361.41(b)(2), incorporated above.

3."Appropriate modes of communication" means specialized aids and supports that enable an individual with a disability to comprehend and respond to information that is being communicated. Appropriate modes of communication include, but are not limited to, the use of interpreters, open and closed-captioned videos, specialized telecommunications services and audio recordings, Brailed and large-print materials, materials in electronic formats, augmentative communication devices, graphic presentations, and simple language materials.

4."Assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of individuals with disabilities.

5."Assistive technology services" means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device.

6."Clear and convincing evidence" means that the designated state unit will have a high degree of certainty before it can conclude that an individual is incapable of benefiting from services in terms of a competitive integrated employment outcome.

7."Client assistance program" means the program located within the Disability Rights Rhode Island (DRRI) for the purpose of advising applicants or eligible individuals about all available services under the Rehabilitation Act of 1973 (29 U.S.C § 701 et seq.), as amended, and to assist applicants and eligible individuals in their relationship with programs, projects, and facilities providing services for the Vocational Rehabilitation Program in accordance with 34 C.F.R. Part 371.

8."Community rehabilitation program" means a program that provides directly or facilitates the provision of one or more vocational rehabilitation services to individuals with disabilities to enable them to maximize their opportunities for employment, including career advancement, in accordance with 34 C.F.R. § 361.5(c)(7)(1), incorporated above.

9."Consent decree" means a 2013 Consent Decree between the Department of Justice and the State of Rhode Island which have requirements about integrated work experiences, minimum wage employment and competitive employment as expectations of Rhode Island as an Employment First state.

10."Comparable services and benefits" means services and benefits, including accommodations and auxiliary aids, that are provided or paid for in whole or in part, by other Federal, State, or local public agencies.

11."Competitive integrated employment" means work in the competitive labor market that is performed on a full-time or part-time basis (including self-employment) in an integrated setting, and for which an individual is compensated at or above the minimum wage, but not less than the customary wage; and that benefits are paid by the employer for the same or similar work performed by individuals who are not disabled in accordance with 34 C.F.R. § 361.5(c)(9), incorporated above. It can also include customized employment consistent with the above definition.

12."Competitive earnings" means the hourly wage is equal to or greater than the local minimum wage, is comparable to the customary rate paid by the employer for similar positions, and includes the benefits afforded other employees.

13."Department" means the Department of Human Services (DHS).

14."Direct school costs" means expenses of tuition, fees, books, room, board, and other materials included in course syllabus.

15."Durable medical equipment" means equipment prescribed by a physician with a shelf life of more than a year designed to overcome the functional limitations imposed by a disability.

16."Economic need" means the determination made by the Office of Rehabilitation Services of the extent an individual with a disability and/or his/her family will contribute to the cost of vocational rehabilitation services, once similar benefits if available have been applied to the cost of such services in accordance with 34 C.F.R. § 361.54, incorporated above.

17."Eligible individual" means an applicant for the VR Program who meets the eligibility requirements of 34 C.F.R. § 361.42(a), incorporated above.

18."Employment outcome" means, with respect to an individual, entering in, advancing in, or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market; supported employment; or any other type of employment in an integrated setting including self-employment, telecommuting, or business ownership that is consistent with an individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

19."Evaluation of vocational rehabilitation potential" means a process of identifying an individual's strengths, abilities, and vocational interests in terms of competitive integrated employment.

20."Extended services" means on-going support services and other appropriate services provided by a State agency, a private, nonprofit organization, employer, or any other appropriate resource after an individual with the most significant disabilities has concluded support services from State vocational rehabilitation agency support in accordance with 34 C.F.R. 361.5(c)(19), incorporated above.

21."Family member" means, in accordance with 34 C.F.R. § 361.5(c)(22), incorporated above, either an individual who is a relative or guardian of an applicant or eligible individual or lives in the same household and who has a substantial interest in the well-being of that individual and for whom receipt of vocational rehabilitation services is necessary to enable the applicant or eligible individual to achieve an competitive integrated employment outcome.

22."Impartial hearing officer" means an individual trained in mediation, with no conflict of interest, who has no personal, professional, or financial interest that would be in conflict with the objectivity of the presenting issue. An individual is not considered to be an employee of a public agency for the purposes of this definition solely because the individual is paid by the agency to serve as a hearing officer.

23."Independent living services" means any services that will improve the ability of an individual with a significant disability to function, continue to function, or move toward functioning independently.

24."Individual with a disability" means any individual who has a physical/emotional/intellectual impairment that results in a substantial impediment to employment and who can benefit, in terms of an employment outcome, in an integrated competitive setting, from vocational rehabilitation services.

25."Individualized plan for employment" means a written employment plan, developed and implemented by a qualified Vocational Rehabilitation Counselor and an eligible individual, that identifies an employment goal and the services needed to reach that goal; the entity/entities that will provide these services; and the methods available for procuring these services.

26."Informed choice" means a decision-making process whereby the individual with a disability analyzes relevant information and selects, with the assistance of a qualified Vocational Rehabilitation Counselor, a vocational goal, and associated services to accomplish that goal.

27."Integrated setting" means an employment setting typically found in the community in which individuals interact with non-disabled individuals, other than non-disabled individuals who are providing services, to the same extent that non-disabled individuals in comparable positions interact with other persons.

28."Mediation" means the act or process of using an independent third party to facilitate resolution between parties who have differences or disputes prior to pursuing formal administrative remedies, (i.e., Impartial Due Process Hearing); and must be conducted in accordance with requirements in 34 C.F.R. § 361.57(d), incorporated above, by a qualified and impartial mediator as defined in § 361.5(c)(43).

29."Mental restoration" means the diagnosis and treatment for emotional or mental disorders prescribed and provided by qualified personnel in accordance with state law to enable an individual to achieve a competitive integrated employment outcome.

30."Office of Rehabilitation Services" or "ORS" means the State agency overseeing the State VR program.

31."On-the-job training" or "OJT" means a method of learning skills on the job needed for a specific vocation with the instruction delivered by the employer at the worksite.

32."Order of selection" means the priority system the Vocational Rehabilitation Program uses when the program does not have enough resources to assist everyone who is eligible for services.

33."Physical restoration" means diagnostic and corrective or therapeutic services prescribed and provided by qualified personnel in accordance with state licensing laws, in which service is likely to correct or substantially modify the limitations arising from a stable or slowly progressive physical disability to enable the individual to achieve a competitive integrated employment outcome.

34."Post-secondary training" means education provided by a degree or certificate granting institution of higher education (universities, colleges, community, or junior colleges, vocational schools, technical institutes, hospital schools of nursing, or any other post-secondary education institution).

35."Pre-employment transition services" means services provided to students with disabilities ages 14 to 22 who have Individualized Education Plans (IEPs) or 504 plans, regardless of application status or type of disability, that are limited to five focus areas:

a.job exploration counseling;

b.work-based learning;

c.counseling on opportunities for enrollment in comprehensive transition or post-secondary educational programs;

d.workplace readiness training to develop social skills and independent living; and

e.self-advocacy.

36."State" means the State of Rhode Island.

37.“Student with a disability” means a student who meets all of the following criteria in accordance with 34 C.F.R. § 361.5(c)(51), incorporated above:

a.is at least 14 but no older than 22 years of age;

b.has a disability as evidenced by medical documentation, a copy of an IEP or 504 plan;

c.has confirmation of enrollment as a student in a secondary school, including home school and alternative school programs or post-secondary education;

d.has evidence of participation in adult basic education program leading to such nationally recognized credentials as a GED or high school diploma;

e.has evidence of enrollment in a state, nationally, or industry recognized certificate program leading to a credential such as Commercial Driver’s License Certification, Microsoft Certification, Certified Nursing Assistant. Qualified documentation may include IPE, 504 Plan, report card, college registration receipt or other documentation from the educational program.

38."Supported employment program" means a program that assists adults and youths with the most significant disabilities to obtain the supports, skills and experiences needed to attain, maintain, or advance in competitive integrated employment.

39."Supported employment services" means ongoing support services, including customized employment, and other appropriate services needed to support and maintain an individual with a most significant disability, in supported employment.

40."Transition services" means a coordinated set of activities for a student or youth with a disability, designed within an outcome-oriented process that promotes movement from school to post-school activities, including post-secondary education, vocational training, career exploration, competitive integrated employment, supported employment, continuing and adult education, adult services, independent living, and/or community participation in accordance with 34 C.F.R. § 361.5(c)(55), incorporated above.

41."Trial work experience" means a process used to determine if an individual with a disability is unable to benefit from vocational rehabilitation services in terms of a competitive integrated employment outcome because of the severity of the individual's disability.

42."Vocational rehabilitation services" means any goods or services necessary to assist an individual with a disability in preparing for, securing, retaining, advancing in, or regaining a competitive integrated employment outcome that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

43."Vocational training" means skill development in a specific vocation that will result in employment, such as, but not limited to, truck driving, propane gas service, wallpaper hanging, etc.

44."Youth with a disability" means an individual with a disability; that is not younger than 14 years of age; and not older than 24 years of age. There is no requirement that a “youth with a disability” be participating in an education program. The distinction between the definitions of “student with a disability” and “youth with a disability” is critical for purposes of the various authorities for providing transition related services, including Pre-Employment Transition Services.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-1 § 1.5 REFERRALS AND APPLICATIONS

A.Referral and information requests submitted by individuals with disabilities to the Office of Rehabilitation Services will be processed upon receipt. Individuals who are not U.S. Citizens must be able to prove they are legally able to work in the United States as determined by the U.S. Citizenship and Immigration Services.

B.An individual and/or their representative submits a signed Application (ORS-4) and a completed Current Health and Functional Capacities Self-Assessment Form (ORS-3), a completed common intake application in an America's Job (One-Stop) Center or another type of request for vocational rehabilitation services, to initiate an assessment to determine eligibility and priority for services.

C.When an incomplete application is received, the assigned vocational rehabilitation counselor will make all attempts to contact applicant for information.

D.Applications can be found at the Office of Rehabilitation Services, America's Job (One Stop) Centers, or on the ORS website (www.ors.ri.gov), etc.

E.Eligibility will be determined within sixty (60) days, unless exceptional and unforeseen circumstances occur in accordance with 34 C.F.R. § 361.471(b)(i), incorporated above.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-1 § 1.6 GENERAL ELIGIBILITY REQUIREMENTS

A.For an applicant to be found eligible for the VR Program, the following requirements must be met in accordance with 34 C.F.R. § 361.42, incorporated above:

1.Applicant has a physical/emotional/intellectual impairment which constitutes or results in a substantial impediment to employment; and

2.The individual has functional limitations that are a barrier to competitive, integrated employment, and/or the individual is on SSI and/or SSDI (verified by counselor), and is presumed to be eligible for vocational rehabilitation services as long as the individual intends to achieve an employment outcome; and

3.Applicant requires and can benefit from vocational rehabilitation services to prepare for, secure, retain, regain, or advance in competitive integrated employment that is consistent with their unique strengths, resources, capabilities, interest and informed choice; and

4.The individual is presumed to be able to benefit in terms of an employment outcome in an integrated, competitive setting, from vocational rehabilitation services;

5.The applicant's completion of the application process for vocational rehabilitation services, is sufficient evidence of the individual's intent to achieve an employment outcome, and no additional demonstration on the part of the applicant is required; or

6.Applicant who has been determined eligible for Social Security disability benefits under Title II or XVI of the Social Security Act (42 U.S.C. § 423 et seq.) is presumed eligible for vocational rehabilitation services, providing that the individual intends to achieve an employment outcome, and can benefit from vocational rehabilitation services in terms of a competitive integrated employment outcome, and submits verified SSI and/or SSDI benefits documentation.

B.An applicant will be ineligible for the VR Program if any of the following is applicable:

1. The individual does not have an impairment which constitutes a substantial impediment to employment; or

2.The individual is on SSI and/or SSDI, but does not intend to achieve an employment outcome; or

3.The individual does not need vocational rehabilitation services to become employed; or

4.The individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome due to severity of the individual’s functional limitations based on clear and convincing evidence based on trial work experience.

C.An applicants' eligibility will be determined within sixty (60) days of receipt of a signed and completed application. In making an eligibility determination, ORS will:

1.Utilize existing information to determine eligibility, including counselor observation, previous employment and training, education records, third-party records, information provided by the individual or the individuals’ family, Social Security Administration, and officials of other agencies;

2.Presume individuals with a disability can benefit from vocational rehabilitation services in terms of an employment outcome unless clear and convincing evidence demonstrates otherwise;

3.Conduct a Trial Work Experience for individuals with significant disabilities when information and observations are unable to determine if the individual will benefit in obtaining a competitive integrated employment outcome from vocational rehabilitation services. Prior to any determination that an individual with a disability is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome because of the severity of that individual’s disability, ORS must conduct an exploration of the individuals’ abilities, capabilities, and capacity to perform in realistic work situations to determine whether or not there is clear and convincing evidence to support a determination that they are unable.

a.ORS must develop a written plan to assess the individual’s abilities, capabilities, and capacity to perform in competitive, integrated work situations to the maximum extent possible, consistent with the informed choice and rehabilitation needs of the individual.

b.Trial work experiences may include supported employment, community-based work experiences, and other experiences using realistic integrated work settings, and must be of sufficient variety over a sufficient period of time to determine if individual is incapable of benefitting from vocational rehabilitation services in terms of a competitive integrated employment outcome.

c.ORS must provide appropriate supports, including, but not limited to assistive technology and personal assistance services, to accommodate the rehabilitation needs of the individual during trial work experiences.

D.Determination of eligibility need not be conducted if the applicant declines to participate in, or is unavailable to complete, an assessment for determining eligibility and priority for services, and ORS has made a reasonable number of attempts to contact the applicant, or if appropriate the applicant’s representative, to encourage the applicant’s participation.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-1 § 1.7 ELIGIBILITY/INELIGIBILITY DETERMINATION

A.If an applicant is found ineligible, ORS will, upon consulting with the individual/ individual's representative:

1.Inform the individual in writing, as well as by other appropriate modes of communication, of their determination and the reasoning for that determination, and their right to appeal the decision;

2.Provide the individual with a description of services available under the Client Assistance Program (CAP);

3.Refer the individual to other programs that are part of the one-stop service delivery system, other Federal, State or Local programs, or service providers.

4.ORS will review within twelve (12) months, and annually thereafter if requested by individual/individual's representative, any ineligibility determination based on a finding that the individual is incapable of achieving an employment outcome; unless the individual has refused it, no longer lives in the state, whereabouts are unknown, or if their medical condition is rapidly progressive and terminal.

B.Upon determination of eligibility, the applicant will:

1.Be placed in appropriate Priority Category in Order of Selection (OOS).

2.Complete assessment of vocational needs to determine employment goal.

3.Work with vocational rehabilitation counselor to develop Individualized Plan for Employment (IPE).

4.Need to provide financial information that will be required to determine financial participation by eligible individual with the exception of Title II or Title XVI recipients.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-1 § 1.8 ORDER OF SELECTION (OOS)/WAIT LIST

A.The Office of Rehabilitation Services (ORS) VR Program must use a priority system for services called the Order of Selection when the program does not have enough resources to assist everyone who is eligible for services.

B.Applicants found eligible for ORS vocational rehabilitation services, but classified by functional limitations within an OOS category not currently being served, will be put on a Wait List. Individuals will be provided with information and referral services; however, no vocational rehabilitation services will be provided while individual is on Wait List. All eligible individuals will be assigned to one of the three Priority Categories listed below:

1.Priority Category I: First priority will be given to consumers with the most significant disabilities or consumers classified in the Order of Selection as Category I. This category refers to a consumer who has a most significant disability if a mental or physical impairment exists that seriously limits four or more functional capacities in terms of an employment outcome and whose vocational rehabilitation requires multiple services over an extended period of time.

a.Multiple services: Requiring two (2) or more primary services.

b.Extended period of time: Six (6) months or more.

2.Priority Category II: Second priority will be given to consumers with significant disabilities. A consumer has a significant disability if a mental or physical impairment exists that seriously limits one or more functional capacities in terms of an employment outcome and whose vocational rehabilitation requires multiple services over an extended period of time.

3.Priority Category III: Third priority will be given to other eligible consumers who have a disability that seriously limits one functional capacity in terms of an employment outcome and requires two or more services over an extended period of time.

C.ORS will implement the option of serving individuals with a disability who otherwise would not meet the OOS priority category for services, who are currently employed and at risk of job loss due their disability, and who could benefit from VR services to maintain employment. If any Priority Categories are closed, ORS will be unable to do so.

D.If any Priority Categories are closed, ORS will take individuals off the Category I Wait List first, then Category II, and finally Category III, as funds are available for services. This process will be based on Priority Category and by date of applications.

E.When applicable, ORS will maintain a page on their website (www.ors.ri.gov) with updated data and information on OOS and Wait List.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-1 § 1.9 REVIEW OF DETERMINATIONS (MEDIATION/APPEALS)

A.Applicants and eligible individuals, or as appropriate, the individual's parent, guardian, or any other representative chosen by individual, hereinafter referred to as "individual with a disability", are advised of her/his rights in accordance with 34 C.F.R. § 361.57, incorporated above.

B.These rights include a review of determinations about eligibility for the VR Program and/or the provision of specific services to the applicant or individual with a disability. Information about the Client Assistance Program (CAP), informal administrative review, mediation, and informal due process hearing are shared with applicants and eligible individuals with a disability.

C.The applicant or eligible individual with a disability must be advised of her/his appeal rights in accordance with 34 C.F.R. § 361.57(b), incorporated above:

1.When s/he applies for vocational rehabilitation services;

2.Upon assignment to a Wait List based on Order of Selection;

3.At the time his/her Individualized Plan for Employment (IPE) is developed;

4. Upon reduction, suspension, or cessation of vocational rehabilitation services for the individual.

D.The applicant or eligible individual with a disability must be informed in writing about the following options for review:

1.Informal Administrative Review - an informal process for resolving a request for review without conducting mediation or a formal hearing where the Administrator reviews the case. This meeting must take place within fifteen (15) days of the request. The decision is rendered at the review.

2.Mediation - in accordance with 34 C.F.R. § 361.57(d), incorporated above, mediation allows an applicant or eligible individual with a disability to resolve disputes involving determinations made by ORS that affect the provision of vocational rehabilitation services in a location and manner convenient to the parties. Mediation must be offered whenever an individual with a disability requests an impartial due process hearing, and must allow the opportunity to present evidence and other information supporting their position. The individual with a disability may have representation by counsel or other advocate during this process. This meeting must be held within fifteen (15) days of the request.

a.Discussions that occur during the mediation process must be kept confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings, and the parties may be required to sign a confidentiality pledge prior to the commencement of the process.

b.Any agreement reached by the parties must be described in a written mediation agreement that is developed with assistance of the impartial mediator, and signed by all parties. A copy is sent to both parties.

3.Impartial Due Process Hearing - a hearing conducted by an Impartial Hearing Officer that must be held within sixty (60) days of the applicant's or eligible individual with a disability's request for review of a determination made by ORS unless informal resolution or mediation agreement is achieved prior to the 60th day, or all parties agree to specific extension of time. An applicant or eligible individual with a disability can at this time present evidence and other information supporting their position, and present witnesses, as well as examine all witnesses and evidence. The individual with a disability may have representation by counsel or other advocate during this process. A written decision, including the findings of fact and the grounds for the decision, will be sent to both parties within thirty (30) days of the completion of the Hearing.

4.Director's Option to Review Impartial Hearing Officers' Decision - Either party may request a review of the decision of the Impartial Hearing Officer within twenty (20) days of the mailing of the decision. If neither party requests this review, the decision of the hearing officer becomes the final decision of the agency twenty (20) days after the mailing of the decision issued.

a.The reviewing official will not overturn or modify the decision of the IHO, or part of the decision that supports the position of the applicant or eligible individual with a disability, unless the reviewing official concludes, based on clear and convincing evidence, that the decision of the IHO is clearly erroneous on the basis that it is contrary to the approved vocational rehabilitation services portion of the Unified State Plan, the Act, Federal vocational rehabilitation regulations, or State regulations and policies that are consistent with Federal requirements.

b.Both parties have the opportunity to submit additional evidence or information for the Director's review at this time.

c.The reviewing official will render a final written decision within thirty (30) days of the initial request to review.

d.The reviewing official will provide a written final decision to both parties, i.e., the applicant or individual with a disability or individual's representative and to ORS.

5.Judicial Review - any party who disagrees with the findings and final decision after a Director's Review of the Impartial Hearing Officers' Decision has the right to bring a civil action with respect to the matter of the dispute.

E.The individual with a disability must submit a "Request for Mediation/Impartial Due Process Hearing" (ORS-121) within thirty (30) days of the date on the denial letter from the Vocational Rehabilitation Program to initiate any of these reviews.

F.A hearing request may be denied or dismissed when it is determined that it has been abandoned. Abandonment may occur when, without good cause, an applicant or individual with a disability fails to appear at a hearing.

G.Services (including evaluation, assessment, and plan development) must continue and not be suspended, reduced, or terminated pending informal review, a review by a mediator, hearing officer, or Director review (i.e., pending a final decision), unless the individual with a disability so requests.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-1 § 1.10 CONFIDENTIALITY

A.Limitations on Disclosure

1.The VR Program of ORS will safeguard the confidentiality of, and restrict the disclosure of, all personal information, such as medical, psychological, financial, and other, given or made available to ORS, its representatives, or its employees. Information will only be released when:

a.Requested by individual directly connected with the administration, evaluation, or enforcement of the Program;

b.Required by Federal law or regulations, such as: Investigations connected with law enforcement, fraud, or abuse, unless expressly prohibited by Federal or State laws or regulations, and in response to an order issued by a judge, magistrate, or other authorized judicial officer; or

c.There is a need to protect the individual or others if the individual poses a threat to his or her safety or the safety of others.

B. A signed release form from ORS' Vocational Rehabilitation Program and/or other agency will allow for the release or transfer of confidential health care information.

C.If requested in writing by applicant or eligible individual, ORS must make all requested information in that individuals' record of services accessible to and must release the information to the individual or their representative in a timely manner, unless:

1.Medical, psychological, or other information that the ORS determines may be harmful to the individual. That information may not be released directly to the individual, but must be provided to third-party individuals chosen by the individual.

2.Information obtained from another agency may only be released under conditions of that agency.

3.If applicant or eligible individual believes information is inaccurate or misleading, they may request the ORS to amend the information in their case record.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-1 § 1.11 INFORMED CHOICE

A.ORS is required to inform individuals through the appropriate means of communication of their right to make informed choices, and that this right may be exercised in a collaborative manner with their VR Counselor or other individual of their choice.

B.All eligible individuals with disabilities are provided with information necessary to make an informed choice regarding the selection of their long-term vocational goals, intermediate rehabilitation objectives, vocational rehabilitation services (including assessment services), and service providers. In addition, information on the advantages and costs associated with alternative goals and providers is provided.

C.In assisting an applicant and eligible individual in exercising informed choice during the assessment for determining eligibility and vocational rehabilitation needs and during development of the individualized plan for employment, ORS must provide the individual or the individual's representative, or assist the individual or the individual's representative in acquiring, information necessary to make an informed choice about the specific vocational rehabilitation services, including the providers of those services, that are needed to achieve the individual's employment outcome. This information must include, at a minimum, information relating to the:

1.Cost, accessibility, and duration of potential services;

2.Consumer satisfaction with those services to the extent that information relating to consumer satisfaction is available;

3.Qualifications of potential service providers;

4.Types of services offered by the potential providers;

5. Degree to which services are provided in integrated settings; and

6. Outcomes achieved by individuals working with service providers, to the extent that such information is available.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-1 § 1.12 INDIVIDUALIZED PLAN FOR EMPLOYMENT (IPE)

A.An IPE will be developed and implemented in a timely manner for each individual determined eligible for vocational rehabilitation services who meets the Order of Selection (OOS) criteria when ORS is operating under an Order of Selection. The IPE must be designed to achieve the specific employment outcome that is selected by the individual consistent with the individual’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice based on the required assessment of the individual's vocational needs.

1.The IPE must be developed within ninety (90) days of determining that the individual is eligible and meets the OOS criteria.

2.There may be circumstances where the period of time needed is significantly shorter or longer, depending upon the nature of the individual’s situation as documented. Both the individual with a disability and ORS must agree to an extension of the deadline to a specific date by which the IPE must be completed. That extension agreement must be in writing.

3.Implementation includes an annual review of individual plans and appropriate amendments, as needed to support the achievement of the employment goal.

B.ORS must provide the following information to each eligible individual or individual's representative, in writing or appropriate mode of communication:

1.The individual, or the individual's representative, may develop all or part of the IPE independently; with assistance from an ORS Qualified Vocational Rehabilitation Counselor; a Qualified Vocational Rehabilitation Counselor not employed by ORS; a disability advocacy organization; or other resources than those previously listed.

2. Additional information regarding requirements provided to assist eligible individuals with developing their IPE accurately include:

a.IPE must be developed on ORS forms;

b.A description of the full range of components that must be included in the IPE:

(1)Description of specific employment outcome that is consistent with the individual’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, or if student, the projected post-school employment outcome;

(2)Specific rehabilitation services, including settings, needed to achieve employment outcome;

(3)Timelines for initiation of services and achievement of employment outcome;

(4)Description of entity/entities providing services and the methods used to secure those services;

(5)Description used to evaluate program towards achievement of employment outcome;

(6)Description of both ORS and eligible individual's responsibilities that will be assumed in order to achieve employment outcome.

3.An explanation of ORS guidelines and criteria for developing an individual's financial commitment under an IPE;

4.Information with regard to eligible individual applying for and securing comparable services and benefits;

5.Information on the Appeals process, and contact information for and a description of the Client Assistance Program;

6.When a supported employment outcome has been identified, a description of the time-limited on-going supports provided by the ORS, as well as those extended services provided by other State, Federal, or private programs or the basis for determining that such continuing support is available, must be provided.

C.The IPE is agreed to and signed by the eligible individual or, as appropriate, his/her representative, and approved and signed by a Qualified Vocational Rehabilitation Counselor employed by ORS.

D.An IPE is amended only with the individual's participation to reflect changes in goal, services, and/or service provider(s), and it reflects all services planned.

E.The IPE, along with economic need, must be reviewed at least annually by the individual and an ORS Vocational Rehabilitation Counselor, or may be reviewed at any time upon the request of the consumer.

F.Any subsequent policy changes will require all IPE's to be amended if applicable.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-1 § 1.13 PARTICIPATION IN COST OF VOCATIONAL REHABILITATION SERVICES

A.The Federal regulations governing the VR Program give ORS the option to consider the financial need of individuals with disabilities when determining who should pay for the cost of rehabilitation services, except for those individuals who receive Social Security disability benefits under Title II or XVI of the Social Security Act (42 U.S.C. § 423 et seq.) In accordance with 34 C.F.R. § 361.54, incorporated above, ORS will determine the financial need of those individuals not receiving SSI/SSDI disability benefits to determine the extent of their participation in the cost of vocational rehabilitation services. Income and resources of the family are used in this determination when the applicant/eligible individual is part of the family unit, and must take into consideration any disability-related expenses paid for by the individual. The family unit is every person listed on the individual's most recent Federal income tax return (i.e., spouse, parent if individual is under 18). Methodology used to determine financial need include:

1.Income and resources can include:

a.Annual taxable income (gross income);

b.Annual non-taxable income, such as Social Security benefits, retirement benefits, Workers' Compensation, and Veteran's benefits;

c.Total Cash Assets, including checking and savings accounts, certificates, stocks, and bonds;

d.Rental income, less all essential related expenses.

2.Expenses can include any disability-related medical or rehabilitation expenses.

3.The difference between income and expenses is subtracted from the allowable gross weekly amount. The percentage of that excess over the allowable gross weekly income will be applied to total cost of the services.

B.VR Services which are Exempt include:

1.Information and Referrals;

2.Counseling and Guidance;

3.Services to determine eligibility and Order of Selection priority;

4.Job Related Services, including job search and placement assistance, job retention, assessment, work adjustment services;

5.Supported Employment Services by ORS-approved vendors;

6.Rehabilitation Engineering Evaluation/Assessment of vehicle modification, telecommunications, sensory, and other technical aids and device needs;

7.Personal Assistance Services and Auxiliary Aids or Services (such as interpreter services, reader services orientation, mobility, and rehabilitation teaching services).

C.VR Services which are Not Exempt and may be provided only after determining an individual's financial participation in the cost of services include:

1.Physical and Mental Restoration;

2.Training (other than on-the-job training);

3.Maintenance;

4.Transportation;

5.Services to Family Members;

6.Telecommunication;

7.Recruitment and Training Services;

8.Post-Employment Services;

9.Occupational Licenses;

10.Other Goods and Services.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-1 § 1.14 COMPARABLE BENEFITS AND SERVICES

A.Comparable services and benefits are services and benefits, including accommodations and auxiliary aids and services, which are:

1.Provided or paid for in whole or in part by other Federal, State, or local public agencies, by health insurance, or by employee benefits;

2.Commensurate with the services that the individual would otherwise receive from the vocational rehabilitation agency.

B.Comparable services and benefits do not include awards or scholarships based on merit.

C. Determination of comparable services and benefits is required unless:

1.The determination would significantly interrupt or delay the progress of the individual toward achieving the employment outcome identified in the Individualized Plan for Employment;

2.The determination would interrupt or delay the provision of services to any individual at extreme medical risk (extreme medical risk means the substantial increase of functional impairment or risk of death if medical services are not provided expeditiously) based on medical evidence provided by an appropriate qualified medical professional; or

3.The determination would interrupt or delay the loss of an immediate job placement.

D.Eligible individuals are required to apply for and accept those comparable services and benefits to which they are entitled when the services are needed to assure progress toward the achievement of their vocational goal.

1.ORS cannot utilize vocational rehabilitation funds for services subjected to Comparable Services and Benefit Review if the individual:

a.Refuses to apply for services or benefits for which he/she may be eligible (i.e., an individual seeking higher education must apply for the Pell Grant);

b.Refuses to accept a comparable service or benefit which is available and adequate to meet the intermediate rehabilitation objective of the Individualized Plan for Employment (IPE).

2.The determination of comparable services and benefits is not attached to financial eligibility/determination of economic need. An individual may be financially eligible and still will be expected to utilize whatever comparable services and benefits available to them to meet the cost of vocational rehabilitation services.

E.Services Subject to the Comparable Benefits Requirements:

1.Physical and Mental Restoration Services;

2.Maintenance;

3.Vocational Training Services;

4.Occupational licenses, tools, equipment and initial stock and supplies;

5.Transportation Services;

6.Vocational Rehabilitation Services to Eligible Individual's Family Members;

7.Transition Services; and

8.Other Goods and Services, not listed above.

F.Services not Subject to the Comparable Benefits Requirements:

1.Assessment for determining eligibility and vocational rehabilitation needs;

2.Counseling and Guidance;

3.Information and Referrals;

4.Job-related services, including job search and placement assistance, job retention services, follow-up services and follow-along services;

5.Rehabilitation Technology devices and services including telecommunications, sensory and other technological aid and devices; and

6.Post-Employment Services consisting of the previously listed exceptions.

G.The determination of Comparable Services and Benefits is an ongoing process through the individual’s vocational rehabilitation process. At a minimum information must be updated annually at the time of the client's IPE review.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-1 § 1.15 STANDARDS FOR FACILITIES AND PROVIDERS OF SERVICES (COMMUNITY REHABILITATION PROGRAM)

A.Any facility used in conjunction with the delivery of vocational rehabilitation services must meet program accessibility requirements consistent with the requirements, as applicable, of the Architectural Barriers Act of 1968 (42 U.S.C. § 4151 et seq.), the American Disabilities Act of 1990 (42 U.S.C. § 12131; 47 U.S.C. §§ 155, 201, 218, and 225) (ADA), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), and the regulations implementing these laws.

B.Providers of vocational rehabilitation services will take affirmative action to employ, and advance in employment, qualified individuals with disabilities.

C.Providers of vocational rehabilitation services will include among their personnel, or obtain the services of, individuals able to communicate in the native languages of applicants and eligible individuals who have limited English speaking ability; and ensure that appropriate modes of communication for all applicants and eligible individuals are available.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-1 § 1.16 SCOPE OF VR PROGRAM

A.Pre-Employment Transition Services. ORS, in collaboration with the local educational agencies involved, must make the following pre-employment transition services available Statewide to all students with disabilities, regardless of whether the student has applied or been determined eligible for vocational rehabilitation services.

1.Required Activities:

a.Job exploration counseling;

b.Work-based learning experiences, which may include in-school or after school opportunities, or experience outside the traditional school setting (including internships), that is provided in an integrated environment in the community to the maximum extent possible;

c.Counseling on opportunities for enrollment in comprehensive transition or post-secondary educational programs at institutions of higher education;

d.Workplace readiness training to develop social skills and independent living; and

e.Instruction in self-advocacy (including instruction in person-centered planning), which may include peer mentoring from individuals with disabilities working in competitive integrated employment.

2.ORS must carry out responsibilities consisting of:

a.Attending and/or providing information at individualized education program meetings for students with disabilities, when appropriate;

b.Working with the local workforce development boards, one-stop centers, and employers to develop work opportunities for students with disabilities, including internships, summer employment, and other employment opportunities throughout the school year, and apprenticeships;

c.Working with schools, including those carrying out activities under the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.) to coordinate and ensure the provision of pre-employment transition services under this section; and

d.Attending person-centered planning meetings for individuals receiving services under title XIX of the Social Security Action (42 U.S.C. § 1396 et seq.).

B.ORS will ensure that the following vocational rehabilitation services are available to assist the individual with a disability in preparing for, securing, retaining or regaining, or advancing in a competitive integrated employment outcome that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. Written authorization for services will be made, either before or at the same time as the purchase of services.

1.Assessment for determining eligibility and priority for services, and assessment for determining vocational rehabilitation needs, by qualified personnel including, if appropriate, an assessment by personnel skills in rehabilitation technology;

2.Vocational rehabilitation counseling and guidance, including information and support services to assist an individual in exercising informed choice;

3.Referral and other services necessary to assist applicants and eligible individuals to secure needed services from other agencies, including other components of the statewide workforce investment system and to advise those individuals about the Client Assistance Program;

4.Physical and mental restoration services;

5.Vocational and other training services, including personal and vocational adjustment, books, tools, and other training materials, except that no training or training services in institutions of higher education may be reimbursed by ORS unless maximum efforts have been by the state Vocational Rehabilitation agency to secure grant assistance in whole or in part from other sources;

6.Maintenance for those living expenses, such as food, shelter, clothing, and other subsistence items that are in excess of the normal subsistence expenses necessary for the individual's participation in a vocational rehabilitation;

7.Transportation in connection with the provision of any vocational rehabilitation services, which may be authorized on a temporary basis while other planned services are occurring, but not to transport an individual for employment purposes on a permanent basis;

8.Vocational rehabilitation services to family members of an applicant or eligible individual if necessary to that individual's employment outcome;

9.Interpreter services provided by qualified personnel, including sign language and oral interpretation services for individuals who are deaf or hard of hearing, and tactile interpreting services for individuals who are deaf/blind;

10.Reader services, rehabilitation teaching services, and orientation and mobility services for individuals who are blind;

11.Technical assistance and other consultation services for those who are pursuing self-employment as an employment outcome;

12.Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services;

13.Supported employment services;

14.Personal assistance services;

15.Post-employment services (limited in scope and duration of 90 days or less);

16.Occupational licenses, tools, equipment, initial stock, and supplies;

17.Rehabilitation technology, including vehicle modification, telecommunication, sensory, and other technological aids and services

18.Transition services for students and youth with disabilities, that facilitate the transition from school to post-secondary life, which are collaborated through ORS, Rhode Island Department of Education (RIDE), and Local Education Authorities;

19.Customized employment;

20.Other goods and services determined necessary for the achievement of a competitive integrated employment outcome.

C.An Administrative Waiver Request can be submitted by client to the Administrator of Vocational Rehabilitation or designee in certain instances where extenuating circumstances occur specifying exactly which service waiver is being requested for, the amount of funds needed to obtain the service, how the service is necessary and imperative to achieve current vocational goal in IPE or to the Administrator of SBVI if client is SBVI client. In addition, client would submit an explanation of alternative methods that were explored, including comparable benefits, to obtain the service with other steps taken to achieve vocational goal.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-1 § 1.17 VOCATIONAL REHABILITATION SERVICES

1.17.1VOCATIONAL REHABILITATION COUNSELING AND GUIDANCE

A.Counseling and guidance are integral parts of the entire rehabilitation process beginning at the intake interview and continuing throughout. The goals of counseling and guidance are to assist individuals with disabilities to reach maximum levels of independence by moving through the rehabilitation process toward their employment goal consistent with their abilities and capabilities.

B.Counseling and guidance services will be provided by an ORS vocational rehabilitation counselor to each individual throughout the vocational rehabilitation process for the purpose of:

1.assisting the individual in developing an IPE towards a suitable vocational goal;

2.reviewing progress towards the vocational goal, amending the IPE if necessary; and

3.developing the individual's ability to seek, maintain, and advance in competitive integrated employment.

1.17.2PHYSICAL AND MENTAL RESTORATION SERVICES

A.ORS provides physical and mental restoration services which are likely, within a reasonable time period, to enable individuals with disabilities to eliminate, reduce, or modify functional limitations which present barriers to employment. Such services must be needed to achieve an employment outcome or be for extended evaluation to determine employability.

B.These services can be provided only after financial participation has been determined, and any comparable benefits available to meet, in whole or in part, the cost of restoration services has been explored.

C.The services may be provided upon the recommendations of the appropriate clinical consultant who meets State licensure requirements.

1.17.3POST-SECONDARY EDUCATION AND VOCATIONAL REHABILITATION TRAINING

A.ORS will ensure that access to training services is available to assist individuals with a disability to choose, prepare for, obtain, advance in, and maintain competitive integrated employment consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice. Vocational exploration, career counseling, community-based work assessments, internships, and other supporting documentation will be considered in accordance with each individual's vocational rehabilitation needs. An individual's training needs will be delivered in a manner that is cost efficient, reasonable, and equitable for all individuals seeking vocational rehabilitation services.

B.Training services may be needed to prepare an eligible ORS client for employment and are agreed upon by both the client and VR Counselor through the process of counseling and guidance, informed choice, and assessments. Training services include the following categories:

1.Post-Secondary Training: education provided by a degree/certificate granting institution of higher education (universities, colleges, community, or junior colleges, vocational schools, technical institutes, hospital schools of nursing, or any other post-secondary education institution).

2.Vocational Training: skill development in a specific vocation that will result in employment, such as, but not limited to, truck driving, propane gas service, wallpaper hanging, etc.

3.On-the-Job Training (OJT): a method of learning skills on the job needed for a specific vocation with the instruction delivered by the employer at the worksite.

C.Training Expenses

1.Direct school costs include expenses of tuition, fees, books, room and board, and other materials included in course syllabus.

2.No training or training-related services provided in any institution of higher education, trade school, or skills based certification program can be paid for with vocational rehabilitation funds unless maximum efforts have been made to secure all other available federal, state, and private grant aid, and other comparable services and benefits for which the individual is eligible. To the maximum extent possible, the costs of training must be met, wholly or in part, with grant aid and other comparable services and benefits and resources other than vocational rehabilitation funding. If the individual with a disability fails to apply for and accept any grant aid or comparable services and benefits assistance for which they are eligible, ORS cannot authorize any funds for the individual’s training expenses. ORS will support the lowest cost option to meet the individual's Individualized Plan for Employment (IPE) needs.

a.The Promise Grant, Free Application for Federal Student Aid (FASFA), Student Aid Report (SAR), family contributions, work study, or accepted loans will be considered as part of a student’s financial aid package. The student is not required or obligated to accept a loan to reach an unmet need for school or training, but are encouraged to do so, as ORS does not typically cover all of the costs associated with attending college or training. Merit scholarship awards will be exempt from this classification as a comparable benefit but the individual may choose to utilize this grant to help them fund their training program.

b.After utilizing the financial awards, grant aid, scholarships, or other comparable benefits, ORS will fund up to an annually designated amount based on current Rhode Island College tuition and fees per calendar year.

c.Preference will be given to in-state public post-secondary institutions or training programs for both programs that offer financial aid and for those that do not. If no comparable program exists at an in-state institution, Administrative approval can be provided for attendance for both a private and/or out-of-state school or training provider, however, the funding will be the same amount as the in-state rate at Rhode Island College provided to other vocational rehabilitation individuals. If no comparable program exists at an in-state institution, the student must take all available pre-requisite classes at CCRI which are transferrable prior to requesting tuition at another school. Administrative approval can be provided for attendance for both a private/and or out-of-state school, but the funding will be the same as the CCRI tuition rate, the Rhode Island College (RIC), or the Department of Labor and Training (DLT) Eligible Training Provider List (ETPL) tuition rate.

d.Individuals are expected to attend on a full-time basis in order to take full advantage of the available comparable benefits and ORS resources.

e.ORS may pay an annually designated amount per academic calendar year per class for all required books, materials, and tools identified on the course syllabus. Additional tools and equipment will be considered on an individualized basis with comparable benefits being considered. ORS will purchase hardware and/or software only when it is an accommodation to the individual’s disability and necessary for the student to successfully complete the IPE. Before providing any funds, the counselor must ensure that the student has contacted the school’s Disability Services Office. The student and/or counselor must also diligently pursue all other alternative funding sources and alternative accommodations before ORS VR funds are committed.

f.Continued educational support towards the IPE goal is conditional based on an acceptable academic GPA of 2.5 or greater depending on the requirements of the specific major or course of study. ORS must receive copies of grades and documentation of progress towards the successful completion of this goal.

g.Tuition for vocational technical institutions will be awarded at a rate similar to the DLT ETPL.

h.ORS may participate in sponsoring an advanced degree program if the person has tried and been unable to find employment in the field of choice with an undergraduate degree; and graduate work will significantly enhance the opportunities in the field of choice. The VR Counselor and the individual seeking services must explore other vocational options, consider other transferable skills, and the person's undergraduate degree, and determine that no job realistically exist. If ORS agrees to provide support for an advanced degree, the in-state preference will be applicable.

D.Annually, the CRP Assistant Administrator will review the fees to ensure there is no undue hardship to individuals with regards to cost of living changes.

1.17.4MAINTENANCE SERVICES

A.ORS will provide monetary support for expenses such as food, shelter, and clothing when such expenses are reasonable and in excess of normal expenses and are necessary for participation in an assessment for determining eligibility and vocational rehabilitation needs or participation in a vocational rehabilitation program supported by ORS.

B.Such monetary support will be provided utilizing the informed choice of an individual when the individual does not have other resources available and for a specific period of time.

C.Monetary support should not be construed as an automatic allowance.

1.17.5TRANSPORTATION SERVICES

A.Transportation services are always connected to a specific vocational rehabilitation service or attainment of the employment goal, and are identified as such on the Individualized Plan for Employment (IPE). The description of the required transportation should include the purpose, costs, duration, and how transportation service supports one or more vocational rehabilitation services.

B.Need for transportation services will depend on assessment completed by ORS. Such assessment includes the individual’s specific transportation needs including, but not limited to, her/his ability to access and use public transportation, para-transit services, or a privately-owned vehicle for transportation to employment. Other considerations include transportation resources through a Community Rehabilitation Program (CRP) or payment to another vehicle owner.

C.Transportation services are not provided by ORS on a permanent basis.

D.Maximum payment provided by ORS will be the cost of public transportation, unless no public transportation is available or the functional limitations imposed by the individual's impairment prevents the use of public transportation. At that time, services will be provided by an appropriate carrier at the least cost available.

E.Transportation services are subject to a determination of financial participation, comparable benefits, and State of Rhode Island requirements governing purchases of services and goods.

F.Types of Transportation Services may include:

1.Public transportation (including para-transit);

2.Travel reimbursement;

3.Travel training to access public transportation;

4.Driving evaluations and training when:

a.Disability presents an impediment to driving; and

b.Driver evaluation indicates likelihood that obstacles can be overcome with training or accommodation.

c.Vehicle modifications to enable an eligible individual to use her/his vehicle to access work.

1.17.6SERVICES TO FAMILY MEMBERS

A.ORS may provide services to a family member of an eligible individual with a disability who has met the Order of Selection priority to receive services when those services are necessary for the individual with a disability to achieve a competitive integrated employment outcome and are the result of an informed choice decision.

1.Family members are subject to policies and laws regarding confidentiality and the HIPPA Law and will be required to sign a release form.

2.In developing the Individualized Plan for Employment (IPE), the rehabilitation counselor must ensure that the client and family member understand the basis for provision of family services and its scope, nature, and duration and that it is an informed choice decision.

B.Prior to ORS utilizing funds for vocational rehabilitation services in accordance with the requirements in 34 C.F.R. § 361.5(c)(8), incorporated above, Comparable Services and Benefits will be explored to determine if funds exist under any other program and are available to the individual. ORS will use these Comparable Services and Benefits to meet, in whole or in part, the cost of vocational rehabilitation services.

1.17.7SUPPORTED EMPLOYMENT SERVICES

A.The Supported Employment (SE) Services Program assists adults and youths with the most significant disabilities to obtain skills, supports, experience needed to attain, maintain or advance in competitive integrated employment, ensuring access to the necessary supports and services as determined by the Individualized Plan for Employment (IPE).

B. Duration of Supported Employment Services

1.Adults: For a period not to exceed twenty-four (24) months, to achieve job stabilization and transition to a long-term support provider for extended services, that has been jointly agreed to by the individual and the rehabilitation counselor and identified in the IPE.

2.For Youth-Aged Individuals with Significant Disabilities until they reach the age of 24: For a period not to exceed forty-eight (48) months, to achieve job stabilization and transition to a long-term support provider for extended services, that has been jointly agreed to by the individual and the VR Counselor and identified in IPE.

3.The duration of Supported Employment services can be extended, under special circumstance, to achieve job stabilization and with an IPE amendment approved by the counselor and individual.

4. Extended Services means on-going support services and other appropriate services provided by a State agency, a private, nonprofit organization, employer, or any other appropriate resource after an individual with the most significant disabilities has concluded support services from State vocational rehabilitation agency support.

5.Post-Employment Services may be provided, if typically, not available from an extended service provider.

C.On-going Supported Employment Services as services that are based on an assessment of employment stability and provision of specific services needed to maintain employment and must include:

1.At least twice monthly meetings with each individual in supported employment either at the work site or off-site based on client preference, as identified in the IPE, and review job performance to identify any other service needed in order to ensure employment stability;

2. Ongoing assessment of rehabilitation needs through the provision of SE services provided by the long-term supports provider who accompany the individual for intensive job skill training at the work site; job development and training; social skills training; regular observation or supervision of the individual; follow-up services with employers and others invested in clients employment, in order to reinforce and stabilize the job placement and facilitate development of natural supports at the worksite;

3. Services based on the determination of the individual's needs, as specified in the IPE, and identified through the ongoing support services.

4.Provide for periodic monitoring to ensure that the individual is making satisfactory progress toward meeting the weekly work requirement established in the IPE by the time of transition to extended services.

D. IPE Development

1.The IPE for Supported Employment Services must specify the services to be provided by ORS, the need for supported employment, and the extended services identified that will be needed to maintain employment in competitive integrated employment. It is expected that job placement will include the maximum number of actual work hours/weeks possible based on strengths, preferences, and informed choice of individual. Supported employment services listed in the IPE must be monitored to ensure that the individual is progressing towards employment.

2.The IPE must target the ideal maximum number of hours an individual can work based on vocational guidance and counseling between the counselor and individual, and an assessment of the strengths, preferences, and informed choice of the individual.

1.17.8POST-EMPLOYMENT SERVICES

A.Post-employment services (PES) are defined in 34 C.F.R. § 361.5(c)(41) as one or more of the VR services provided prior to a participant exiting VR services to enable a rehabilitant, if necessary, to maintain, regain or advance in employment consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, and interests recognizing the informed choice of the individual.

1.Provided under an amended individualized plan for employment (IPE); thus, a re-determination of eligibility is not required;

2.Limited in scope and duration; and

3.Available to meet rehabilitation needs that do not require a complex and comprehensive provision of services

B.To be eligible for short-term post-employment services, individual must have achieved an employment outcome but not exited the VR program.

C.Should the participant need additional services post having exited/been closed by VR and the exit was reported in the WIOA/RSA-911 quarterly reporting, the VR participant would need to re-apply and be determined eligible for the VR program, develop a new IPE and begin to receive services under that IPE.

1.17.9OCCUPATIONAL TOOLS, LICENSES, EQUIPMENT, AND INITIAL STOCKS AND SUPPLIES

A.Occupational licenses, tools, equipment, and initial stocks and supplies may be provided only to the extent necessary to enable an eligible individual to attain competitive integrated employment outcome and in accordance with requirements for Order of Selection and the IPE. Occupational licenses, tools, equipment, and initial stocks and supplies are subject to the determination of financial participation and to consideration of any comparable benefit available to an individual to meet, in whole or in part, the cost of occupational licenses, tools, equipment and initial stocks and supplies.

B.Occupational licenses and tools may be provided only to enable an eligible individual to derive the full benefit of other vocational rehabilitation services to enter or maintain competitive integrated employment.

C.Equipment may be purchased, leased or rented when necessary to enable an eligible individual to carry out the requirements and efficient operation of a business, trade, or profession.

D.Initial stocks and supplies may be provided only when necessary to establish an individual in self-employment. ORS may provide up to six (6) months* of stocks and supplies that are necessary to establish an eligible individual in self-employment but will not provide initial stocks and supplies as post- employment services. The individual with a disability is expected to replenish depleted initial stock and supplies thereafter.

E.ORS may establish maximum dollar limits for the purchase of any necessary occupational licenses, tools, equipment (excluding assistive technology), or initial stocks and supplies.

F.Rates, fees, and expenditures for occupational licenses, tools, equipment, and initial stocks and supplies are subject to determination of financial participation by ORS, comparable benefits being explored, and all applicable State of Rhode Island statutory, regulatory, and related requirements governing purchases of services and goods.

1.17.10REHABILITATION TECHNOLOGY SERVICES

A.Rehabilitation technology services assist individuals with disabilities to overcome barriers to full participation in rehabilitation, employment, transportation, independent living, and recreation. ORS will only support rehabilitation technology that is necessary to achieve an individual’s vocational objectives and goals. An individual’s need for rehabilitation technology must be considered at any stage of the vocational rehabilitation process.

B.Rehabilitation technology refers to the systematic application of technologies, engineering methodologies, or scientific principles to address the barriers confronted by individuals with disabilities. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services.

1.Assistive technology services include:

a.the evaluation of the needs of an individual, including functional evaluation of the individual in the environment where the device will be used, such as the home or worksite;

b.purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices;

c.selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology devices;

d.coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated existing education and rehabilitation plans and programs;

e.training or technical assistance for an individual or, where appropriate, the family of an individual; and

f.training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities.

C.Rehabilitation technology services, including evaluation of the need for rehabilitation technology services, will be provided by personnel who are skilled in rehabilitation technology and who meet applicable licensing or certification requirements of the State of Rhode Island, when necessary to assess eligibility and vocational rehabilitation potential, especially when the disabling condition of the individual is so severe that the absence of rehabilitation technology services could result in a determination of ineligibility.

1.17.11TRANSITION AND PRE-EMPLOYMENT TRANSITION SERVICES

A.ORS actively collaborates with the Rhode Island Department of Education (RIDE) and with Local Education Agencies (LEAs) responsible for the education of students with disabilities by assisting in the coordination and provision of transition and pre-employment transition services and planning.

1.ORS currently has designated VR Counselors who function as liaisons to each school district and provide consultation, technical and planning assistance for the transition of students with disabilities from school to employment/training.

2.The VR Counselor also accepts referrals from schools and other parties for Transition and/or Pre-Employment Transition Services. VR Counselors are also available to consult with private schools and middle schools.

3.VR Counselors are available to participate on Career Development Planning and Individualized Education Plan teams.

B.The Workforce Innovation and Opportunity Act (WIOA) of 2014, affords ORS the opportunity to provide Pre-Employment Transition Services to students with disabilities who have Individualized Education Plans (IEPs) and 504 plans, regardless of application status with ORS. These Pre-Employment Services are provided on a fee-for-service basis and are limited to five focus areas:

1. Job Exploration

2. Work-Based Learning

3.Counseling on Opportunities for Enrollment in Comprehensive Transition or Post-Secondary Educational Programs

4.Workplace Readiness Training

5.Self-Advocacy

C.ORS provides both Transition Services to youth with disabilities and Pre-Employment Transition Services to students with disabilities under the auspices of a Cooperative Agreement between the ORS and RIDE. This Cooperative Agreement enables ORS to locate VR Counselors within each high school in RI and describes:

1.interagency collaboration and coordination

2.pre-employment transition services and transition services

3.consultation and technical assistance

4.transition planning by vocational rehabilitation and educational personnel that facilitates the development and implementation of a student's individualized education program (IEP)

5.outreach to and identification of students with disabilities in need of PRE-ETS and Transition services

6.coordination to satisfy the documentation requirements set forth in section 511 of the Rehabilitation Act

7.assurance that neither the SEA nor the LEA will enter into an arrangement with an entity holding a special wage certificate under section 14(c) of the Fair Labor Standards Act, 29 C.F.R. Part 525, for the purpose of operating a program under which a youth with a disability is engaged in work at a subminimum wage

8.the role and responsibilities of each partner

9.the process for resolving disagreements.

D.VR Counselors provide consultation and technical assistance regarding vocational guidance and counseling, information about related services, employment pathways, labor market information, and consideration of accommodations or Assistive Technology to maximize rehabilitation potential. The VR Counselor will conduct the following activities in the role of liaison to the school:

1.Attend individualized education program (IEP) meetings for eligible and potentially eligible students with disabilities, when invited, pending VR Counselor availability.

2.Attend person-centered planning meetings, when invited and available, for students with significant intellectual disabilities as covered by the Consent Decree, for students receiving services under Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.).

3.Partner with the local workforce development boards, one-stop centers, community rehabilitation providers and employers to develop work opportunities for students with disabilities, including afterschool, summer employment and other employment experiences throughout the school year.

4.Encourage referrals of students with disabilities as early as age 14 for Pre-Employment Transition Services.

5.Provide information about the timeline and application process for vocational rehabilitation services, and participate in yearly state service meetings, so that students and families can make informed decisions about applying for services with the agency.

6.Collaborate with schools, including those carrying out activities under § 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act (20 U.S.C. § 1414(d)(1)(A)(i)(VIII)) to coordinate and ensure the provision of Transition and Pre-Employment Transition Services.

7.Inform and educate students and parents about participation options for Pre-Employment Transition Services vs. applying for services during a prioritization/Wait List Order of Selection period.

8.Attend Transition Advisory Council regional meetings and parent information sessions.

E.Students may be referred to ORS by school district personnel, with the written permission of the student if he/she is at least eighteen years old or the written permission of a parent or guardian if the student is under eighteen years of age.

1.ORS Pre-ETS Referral form, Referral Guidelines, and School Referral Forms are utilized to ensure that all students and families receive accurate and consistent information about the process.

2. The process ensures that VR Counselors receive documentation necessary to verify disability and parental/guardian support for vocational rehabilitation transition and/or pre-employment transition services.

F.This referral to ORS, from the LEA with parental consent, is the first step in the referral process.

1.The VR Counselor then conducts an Intake meeting with the student and family to explain services and the options available to access services. This meeting will provide an opportunity to explore participation in Pre-Employment Transition Services prior to completing an application for services.

2.If ORS is on an Order of Selection, this meeting provides an opportunity to educate the family to the timing of PRE-ETS services vs. applying for services as students are not exempt from being placed on a Wait List after eligibility determination. As Pre-Employment Transition Services are limited to five career and exploration services, this meeting offers the parent and student an opportunity to determine if the student needs will be met through just Pre-Employment Transition Services.

3.The parent and student may elect to complete an application with ORS in order to access more comprehensive services. A student who has applied for services and found eligible has access to services that may vary depending on ORS' Order of Selection and prioritization for services, Additional services could include job coaching, transportation training and assistive technology

G.Students with disabilities are not required to apply or be determined eligible for vocational rehabilitation services before receiving Pre-Employment Transition Services. Students who have provided adequate documentation of their disability, an IEP or 504 Plan, and enrollment in a recognized education program and have elected to apply for services will be able to participate in pre-employment transition services during the process of applying for vocational rehabilitation services.

1.The assigned VR Counselor will discuss vocational rehabilitation services with students and the parent/legal guardian, and encourage interested students to apply within two years prior to graduation in order to facilitate a smooth transition into vocational rehabilitation services and post high school plans.

2.Students, who do not apply for vocational rehabilitation services, may continue to receive access to Pre-employment Transition Services, as long as the criteria of a “student with a disability” is met by the student up to the age of 22.

H.Students who apply, are determined eligible for vocational rehabilitation services, assigned to an open Order of Selection category, and will continue to be designated as Pre-ETS eligible student category, may have Pre-employment Transition Services included on the Individualized Plan for Employment and provided for as long as the individual continues to meet the definition of a “student with a disability.”

1.A student applicant who is ready to participate in Pre-employment Transition Services, but does not have a specific vocational goal on the Individualized Plan for Employment, can use a projected goal.

2.The purpose of the services on the IPE will be to assist the student in developing and refining a vocational goal.

3.The plan must be revised to indicate a specific vocational goal prior to graduation from high school.

1.17.12OTHER GOODS AND SERVICES

A.ORS may provide other goods and services determined necessary for the individual with a disability to achieve an employment outcome and are the result of an informed choice decision.

B.The services must be necessary to the determination of an individual’s rehabilitation potential, or are provided to those individuals who meet the Order of Selection priority to receive services and are deemed necessary for the customer to achieve an employment outcome.

C.Other goods and services can include but are not limited to: Short-term or emergency financial assistance to an individual to cover occasional or emergency purchases that are not covered under maintenance and will not support an individual’s everyday living expenses or substitute for, provide the services of, or become a payment program similar to transitional assistance and other public benefit programs. Other goods and services do not include those services in accordance with 34 C.F.R. § 361.48, incorporated above.

D.Goods and services can be provided only after financial participation has been determined (if applicable), and any comparable benefits available to meet, in whole or in part, the cost of services has been explored, except for eligible customers who receive Social Security disability benefits under Title II or XVI of the Social Security Act (42 U.S.C. § 423 et seq.).

1.17.13ADAPTIVE HOUSING SERVICES

A.Adaptive housing is a supportive service provided to an individual with a disability who has an Individualized Plan for Employment (IPE), to enable that individual to have functional access to the primary living quarters where she/he lives and/or in order to leave the house to participate in job placement, training, and competitive integrated employment.

B.ORS may purchase adaptive housing services only if these services are necessary to enable the individual to access to and from the home in order to work.

1.Adaptive Housing Services may include, but are not limited to, the provision of ramps, desks, railings, modifications to doorways, lowering kitchen counter tops, making bathrooms accessible and barrier-free, or any type of lifting device, (e.g., wheelchair lift, stairway chair lift, etc.) As appropriate, the contractor must have the necessary State License through the Department of Labor and Training, Division of Professional Regulation; must be registered with the RI Contractor’s Registration and Licensing Board; must meet System for Award Management (SAM) requirements; must be an ORS-approved vendor; must carry appropriate insurance cover; and must submit the proper application for a permit to install.

2.Adaptive housing services do not include, and ORS will not provide architectural modifications:

a.that are not necessitated by disability-related limitations of the eligible individual;

b.that would significantly add to the resale or assessed value of the home;

c.to a new home or a home under construction

d.that add a room or living space to a home currently being renovated or to a recently renovated home unless the renovation was completed before the onset of the impairment;

e.for items considered portable in nature that do not permanently modify the home;

f.When the individual resides in rental or leased property with the following exceptions:

(1)self-help devices such as grab bars and railings or portable ramps or other mechanical or motorized devices may be provided with the written consent of the landlord; or

(2)the owner is a relative, if the owner provides a notarized statement permitting the individual with a disability to reside on the premises for at least ten (10) years;

g.If house is not up to current city building codes and/or is not structurally sound.

h.when property owner is a public entity such as a housing authority or otherwise has a legal obligation to provide accessible housing under provisions of the 7 C.F.R. 1901.203 - Title VIII of the Civil Rights Act of 1968, known as the Fair Housing Act.

C.ORS may establish maximum dollar limits for adaptive housing services.

D.Housing adaptations must be performed in accordance with all applicable building codes, specifications and architectural drawings approved by ORS, and in conformance with building trade standards. Equipment devices and installations will conform to all federal and state health and safety standards, and installations will conform to manufacturer specifications. Work will be performed by qualified licensed and insured individuals in carpentry, plumbing, electrical, concrete, related building trades, and mechanical trades.

E.Procurement of all services, goods and supplies will be through a competitive bid process. Services, goods and supplies will be provided at the lowest cost to ORS.

F.Adaptive housing services are subject to a determination of financial participation and consideration of any comparable benefit available to an individual to meet, in whole or in part, the cost of such services.

1.17.14MOTOR VEHICLE MODIFICATION SERVICES

A.Motor vehicle modification services are changes to privately owned motor vehicles that are provided only when necessary to remove impairment related transportation barriers for an eligible individual to achieve a competitive integrated employment outcome. The approved IPE must describe the required vehicle modification service and how the vehicle modification service enables the individual to achieve the employment outcome. Vehicle modification services are subject to a determination of financial participation and to consideration of any comparable benefit available to an individual to meet in whole or in part, the cost of vehicle modification services. ORS may set maximum dollar limits for these services and may periodically review and update those limits.

B.ORS will not provide or purchase:

1.Modifications to a vehicle if the individual owns another vehicle which would meet transportation needs;

2.Modifications to vehicles which do not meet the requirements of state inspection under the R.I. Motor Vehicle Code;

3.Modifications to a vehicle for the purpose of enabling an individual to drive who, in the opinion of the agency after consultation with an agency consultant, is not capable of operating a motor vehicle with reasonable safety due to the individual’s disability.

C.ORS will not provide or purchase structural modifications to a van, with or without existing modifications, if an automobile would satisfy the person's need for transportation.

1.Non-structural modifications such as hand controls, steering knobs, left-foot accelerator extensions, etc., may be considered if van transportation is preferred, and no extensive structural modifications are required to make the van accessible to the person with a disability.

D.ORS will not provide structural modifications to a vehicle if the following conditions exist:

1.The full-sized van is more than five (5) years old, or has more than fifty thousand (50,000) miles on the odometer; or

2.Minivan is more than three (3) years old or has more than thirty thousand (36,000) miles on the odometer; or

3.When ORS has previously provided motor vehicle modification services to the same individual; or

4.When the vehicle has previously been modified for another individual or has been modified by the client without the assistance of ORS.

5.The above restrictions do not apply to automobile modifications that are non-structural in nature.

6.The MVMC, with the concurrence of the Administrator, may waive this limitation if the modification is deemed by the coordinator to be appropriate and in conformance with good vocational rehabilitation practice.

7.The vehicle has been determined by a licensed mechanic or VM Engineer to not be in good mechanical and/or structural condition.

E.Responsibilities of the Individual with a Disability

1.ORS will not assume responsibility for the regular or on-going maintenance or repair of vehicles for which it has provided modifications.

2.Insurance on Motor Vehicle Modification - ORS will not repair or replace motor vehicle modifications damaged by accident, vandalism, or fire. The VR Counselor must emphasize to the individual receiving vehicle modification services that s/he must arrange for adequate insurance coverage.

F.Responsibilities of an Approved Vendor

1.Assume responsibility for damage occurring in performance of work and repair such damage at the expense of the contractor;

2.Guarantee work, materials, and equipment to be free from defect for one year from date of acceptance, as described in bid specifications, and guarantee work for high-tech jobs for two years. Should any defects be discovered during the stated period, the contractor must at their expense correct the defect(s), including labor, necessary transportation, and associated fuel costs, Vendors are encouraged to offer extended warranties to ORS-VR clients;

3.Maintain local and state required business licenses;

4.Maintain at a minimum the following insurance coverage levels:

a.Worker's Compensation for all employees;

b.Minimum statutory required automobile insurance;

c.General liability;

d.Hired/Non-Owned Auto Liability; and

e.Garage Liability, including coverage for Premises & Products and Completed Operations Insurance.

G.Equipment

1.ORS will not provide standard equipment or customary optional equipment that is ordinarily available when individual purchases a new vehicle. Such equipment includes, but is not limited to: Automatic transmission; power steering; power brakes; automatic speed control; air conditioning; heavy duty alternators; or power windows.

2.ORS will not purchase or pay for the installation of non-essential equipment, such as: Radios, AM or FM, or other entertainment equipment; burglar alarm systems; or insulation.

3.ORS may provide non-structural modifications to a vehicle. Such modifications include, but are not limited to: VA approved hand controls; wheelchair carriers or trunk loaders; pedal blocks; left foot brake and accelerator pedals; extensions on turn signal and/or shift lever; and electric parking brake.

4.ORS may provide equipment for an eligible individual that is designed to enable them to enter, exit, operate, or be transported in their modified vehicle. This equipment may include: wheelchair securement systems; raised roofs; lowered floors; restraint systems if the factory-installed system is inadequate or inappropriate; modification to the power brake system already purchased; switches or touch pads for secondary controls; wheelchair lift; dual battery system; outside rear-view mirrors; rear end sensors; and other equipment essential for safe entry, exit, and transit in the vehicle.

5.After completion of structural modifications to automobiles or installation of equipment in vans, the installed equipment belongs to the client.

H.Training with Motor Vehicle Modifications

1.In all cases where motor vehicle modifications are provided by the agency to an individual with a disability who will also be the driver, the counselor will ensure that proper training is provided concurrently with the provision of motor vehicle modifications. The counselor will select a vendor licensed to provide driver training who is familiar with the motor vehicle technologies that enable the person with a disability to drive. The MVMC can assist the counselor in selecting the appropriate adaptive driving instructor. The only exception to this procedure is when replacement equipment is provided and the person with a disability is a licensed driver already using the provided adaptive driving equipment.

1.17.15SELF-EMPLOYMENT SERVICES

A.Self-employment is one type of employment outcome clients of ORS may obtain. Self-employment services are services that maximize the client’s work, earnings, and financial independence.

B.ORS will complete a thorough evaluation and assessment of the eligible individual’s priorities, strengths, resources, concerns, abilities, capabilities, and interests that will contribute to the startup, management, and success of the business over time. A business plan may be required.

C.Start-up and operational costs related to self-employment services are only available for new self-employment ventures. (Refer to § 1.17.9 of this Part above)

D.The VR Counselors' role is to provide guidance and counseling and informed choice throughout the assessment of the feasibility of a self-employment goal, planning, and implementation process with the client.

E.Self-employment, a competitive integrated employment outcome, which provides the individual comparable income to individuals who are not individuals with disabilities, self-employed in similar occupations or on similar tasks, and who have similar training, expertise, or skills.

F.Self-employment is not:

1.speculative in nature,

2.a business set up as non-profit,

3.an alternative employment path for an individual's difficulty with supervision and/or co-workers,

4.a way of avoiding issues associated with a positive Bureau of Criminal Identification (BCI) or criminal background,

5.organized as a hobby,

6.utilized to finance existing debt,

7.any form of pyramid sales-based venture, unprofitable in nature, or unlawful enterprises.

1.17.16INDEPENDENT LIVING SERVICES

A.Independent Living Services are any services that will improve the ability of an individual with a significant disability to function, continue to function, or move toward functioning independently.

B.Individuals must be evaluated utilizing a comprehensive Independent Living Assessment showing the client's need for specific independent living services in order to achieve an employment outcome in the competitive labor market. The independent living services must be part of the IPE.

1.Assessments include general independent living assessment, comprehensive independent living/PA assessment, and assessment of equipment or adaptive housing needs.

C.Once a client has met VR eligibility criteria or is in extended evaluation, and specific independent living services have been assessed and are required, and the IPE has been developed, ORS will authorize payment in accordance with existing agency fee schedule.

1.The only exception will be in the case of consumer-directed personal assistance services.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-1 § 1.18 SERVICES FOR THE DEAF AND HARD OF HEARING

A.ORS will maintain state-wide specialized caseloads to meet the complex rehabilitation needs of Deaf and Hard of Hearing Individuals. Vocational considerations need to include not only communication but also cultural, educational and social dynamics. ORS will arrange and pay for qualified interpreters except when a service provider is mandated by Section 504 of the Rehabilitation Act, by ADA, or by state law to make interpreters available for provision of vocational rehabilitation services. Care will be taken to ensure specialized interpreter skills (medical, legal, CDI) are utilized in vocationally relevant situations.

B.Assessing the 'Vocational Implications of Hearing Loss' is completed after the individual with a disability is determined eligible in accordance with § 1.7 of this Part above.

1.In determining if a hearing loss constitutes a substantial impediment to employment, the VR Counselor must examine the individual’s functioning, as well as the audiological evidence, speech reception and speech discrimination.

a.Specific diagnostics for deafness and hearing loss will include an Otological exam and an audiological examination. These exams have to be completed by an Otolaryngologist and a Licensed Audiologist, not a hearing aid center. If these exams have been done within a year, then VR Counselors should request copies of these examinations for review and determination of eligibility.

b.An applicant should be made eligible for services if difficulty understanding spoken language represents a substantial impediment to employment. This should be documented in a narrative entry for eligibility and also on the Order of Selection Checklist.

C.Hearing Aid Considerations

1.If a hearing aid is recommended and vocationally relevant, the VR Counselor will arrange for the individual to be seen by an Ear, Nose, Throat (ENT) and Licensed Audiologist (not a hearing aid center), if this has not been done within six (6) months of a hearing aid being considered.

2.The purpose of the Otological examination by the ENT is to determine if there are any medical conditions which may interfere with the individuals hearing, if further testing is recommended, or if there are physical barriers to obtaining a hearing aid. If additional testing is recommended, the file needs to be reviewed by the medical consultant who will then recommend and approve a vendor for the test (i.e., CT scan).

3.The purpose of the Audiological examination is to identify the severity of the hearing loss and the need for hearing aids. The exam will verify whether new aids are necessary. The Audiological Evaluation form must be completed and signed by the Audiologist.

D.Hearing Aid Services Provision

1.The VR Counselor must assess that all hearing aid services provided meet the employment goal of the IPE and the vocational rehabilitation needs of the individual. It is expected that the IPE will indicate that the regular care, maintenance and replacement of the hearing aid are the responsibility of the client.

2.Hearing aid services and devices are subject to a determination of financial participation and consideration of any comparable benefit available to an individual to meet, in whole or in part, the cost of such services.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-1 § 1.19 INDIVIDUALS IN EXTENDED EMPLOYMENT, 14(C), AND OTHER EMPLOYMENT UNDER SPECIAL CERTIFICATE PROVISIONS OF THE FAIR LABOR STANDARDS ACT

A.The ability of employers to pay a subminimum wage to workers with disabilities is limited in accordance with 34 C.F.R. § 361.55. These new limitations prohibit employers from paying subminimum wage to persons with disabilities under 29 C.F.R. Part 525, § 14(c) unless each worker has been regularly provided with career counseling and information about self-advocacy, self-determination, and peer mentoring training opportunities. ORS' VR Program monitors this activity. ORS will provide career counseling and information and referral services to all 14(c) certificate-holders to provide informed choice options and highlight the limitations of subminimum wage. ORS will provide these services initially, will then semi-annually review and reevaluate the status of each individual for two (2) years after the individuals' record is closed, and annually thereafter.

B.The 14(c) certificate-holder will have the option to apply for vocational rehabilitations services if they so desire.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-1 § 1.20 PROGRAM EXIT

A.An employment outcome is expected to occur in a competitive integrated setting as a result of the vocational rehabilitation process and services. To be considered a competitive integrated employment setting, the employment outcome must satisfy three requirements:

1.competitive earnings;

2.integrated location; and

3.opportunities for advancement.

B.In addition, eligibility for benefits provided to other non-disabled employees is available. The employment outcome must be consistent with the occupational/career goal of the individual’s most recent IPE or amended IPE. An employment outcome means full-time or, part-time employment, wages paid by the employer, supported or customized employment, self-employment, or telecommuting. The employment outcomes are consistent with the individual's strengths, resources, priorities, concerns, abilities capabilities, interests, and based on informed choice. In the case of an individual who is self-employed, work yields an income that is comparable to the income received by other individuals who are not individuals with disabilities and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills.

C.Cases will be closed under the following conditions:

1.When client has successfully met all goals on their Individualized Plan for Employment (IPE); has satisfactorily maintained employment for ninety (90) days; both individual and vocational rehabilitation counselor agree individual is performing well in the employment; and individual has been informed of availability of post-employment services; or

2.If the applicant did not complete an agreed upon service, is found ineligible for the program, withdrew from program, and/or has not responded to outreach efforts.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-2 Services for the Blind and Visually Impaired - Social Service/Independent Living Units

218-RICR-50-00-2 § 2.1 PURPOSE

A.These rules establish the requirements for implementation of the Independent Living Program, based on the Title VII Part B of 29 U.S.C. § 701 et seq. These regulations will:

1.define required information for application

2.define eligibility requirements

3.specify scope of services

4.specify standards for continued eligibility

5.specify mediation and appeals process for denial of services/ineligibility

6.specify criteria for case closure

B.Programs: The Office of Rehabilitation Services/Services for the Blind and Visually Impaired (SBVI) provides social services and independent living services to Rhode Island residents.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-13 to 01/04/2022

218-RICR-50-00-2 § 2.2 AUTHORITY

These rules and regulations are promulgated pursuant to R.I. Gen. Laws §§ 42-12-8 through 17 and 22; and 29 U.S.C. §§ 721 through 722.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-13 to 01/04/2022

218-RICR-50-00-2 § 2.3 INCORPORATED MATERIALS

A.These regulations hereby adopt and incorporate the following, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

1.34 C.F.R. § 367 (Independent Living Services for Older Blind) (2015).

2.34 C.F.R. Part 75 (Direct Grant Programs), with respect to grants under subpart B and D (2010).

3.34 C.F.R. Part 76 (State-Administered Programs), with respect to grants under subpart E (2014).

4. 34 C.F.R. Part 77 (Definitions That Apply to Department Regulations) (2014).

5. 34 C.F.R. Part 79 (Intergovernmental Review of Department of Education Programs and Activities) (2014).

6. 34 C.F.R. Part 81 (General Education Provisions Act—Enforcement) (2014).

7. 34 C.F.R. Part 82 (New Restrictions on Lobbying) (2014).

8. 2 C.F.R. Part 180 (OMB Guidelines to Agencies on Debarment and Suspension (Nonprocurement)), as adopted at 2 C.F.R. Part 3485.

9.2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), as adopted at 2 C.F.R. Part 3474 (2014).

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-13 to 01/04/2022

218-RICR-50-00-2 § 2.4 DEFINITIONS

A.For the purpose of these regulations, the following terms have the following meanings:

1."Agency" means the Office of Rehabilitation Services/Services for the Blind and Visually Impaired (SBVI).

2."Applicant" means an individual who is referred or applies seeking services.

3."Deaf-Blindness" means there is the presence of both the following conditions:

a.Deafness - a physiological chronic hearing impairment so severe that most speech cannot be understood through the ear with optimum amplification. The speech discrimination score should be forty percent (40%) or less.

b.Blindness - Visual acuity does not exceed 20/200 in the better eye with correcting lenses, or visual acuity greater than 20/200, but the field of vision is constricted to twenty degrees (20°) or less.

4."Legal blindness" means any person whose visual acuity is no greater than 20/200 in the better eye, with best correction, or one whose field of vision is restricted to the extent that the widest diameter subtends an angle no greater than twenty degrees (20°).

5."State" means State of Rhode Island.

6."Visually impaired" means one whose visual acuity is better than 20/200 but not better than 20/60 in the best eye with best correction, or whose visual impairment is both progressive and permanent.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-13 to 01/04/2022

218-RICR-50-00-2 § 2.5 REFERRALS AND APPLICATIONS

A.Referral and information requests submitted by individuals with who are blind or visually impaired to the Office of Rehabilitation Services (ORS) will be processed upon receipt.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-13 to 01/04/2022

218-RICR-50-00-2 § 2.6 ELIGIBILITY REQUIREMENTS

Any individual over the age of three (3) who is blind or visually impaired according to § 2.4 of this Part, Definitions, shown above, must have vision of 20/60 or less in the better eye, with best correction or a field loss of twenty degrees (20°).

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-13 to 01/04/2022

218-RICR-50-00-2 § 2.7 TYPES OF SERVICES PROVIDED WITHOUT REGARD TO FINANCIAL NEED

A.Evaluation, diagnostic and related services;

B.Referrals to rehabilitation teachers and mobility instructors for evaluation and instruction;

C.Adjustment counseling and guidance for individuals and their families;

D.Referrals to appropriate state and community agencies;

E.Certification of status of legal blindness for various exemptions;

F.Coordination with regional library services for the individuals who are blind and/or visually impaired (Talking Books);

G.Educational planning for children;

H. Low vision aids and devices necessary for communication, safety and engagement in services costing less than $500.00.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-13 to 01/04/2022

218-RICR-50-00-2 § 2.8 TYPES OF SERVICES PROVIDED WHICH REQUIRE APPLICATION OF FINANCIAL NEED CRITERIA AND ARE CONTINGENT UPON AVAILABLE FUNDING

A. Certain ancillary low vision devices and aids, assistive technology such as visual aids, and adaptive equipment costing more than $500.00;

B.Telecommunications, sensory, and other technological aids and devices; and

C.Other support services as deemed necessary and appropriate.

D.Administrative waivers may be sought for anyone in need of a service or device that is subject to economic need criteria, and for which the service or device is deemed necessary, but whose income exceeds the threshold, and who otherwise has no means to acquire the device (such that a hardship is present - counselors shall consult with Supervisor/Administration for consideration of a waiver if alternate funding sources cannot be utilized.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-13 to 01/04/2022

218-RICR-50-00-2 § 2.9 PROGRAM EXIT

A.A case may be closed due to the individual's:

1.Death;

2.Moving out of state;

3.Refusal of services;

4.The goals and objectives in the individual's case plan have been achieved;

5.Status is no longer legally blind or visually impaired; or

6.Location unknown.

B.A case may be deactivated for the following reasons because:

1.The individual's case has been referred to SBVI/VR Unit;

2.Funding for needed services is not available; or

3.The individual's inability to benefit from services.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-13 to 01/04/2022

218-RICR-50-00-2 § 2.10 REVIEW OF DETERMINATIONS (MEDIATION/APPEALS)

A.Applicants and eligible individuals, or as appropriate, the individual's parent, guardian, or representative, hereinafter referred to as "individual with a disability", are advised of her/his rights in accordance with 34 C.F.R. § 361.57, incorporated above.

B.These rights include a review of determinations about eligibility for the Social Services/Independent Living Program and/or the provision of specific services to the applicant or individual with a disability. Information about the Client Assistance Program (CAP), administrative reconsideration, mediation, and informal appeals hearing are shared with applicants and eligible individuals.

C.The applicant or eligible individual must be advised of her/his appeal rights:

1.When s/he applies for services;

2.Upon reduction, suspension, or cessation of services for the individual.

D.The applicant or eligible individual must be informed about the following options for review:

1.Informal Administrative Review - an informal process for resolving a request for review without conducting mediation or a formal hearing where the Administrator reviews the case. Must take place within fifteen (15) days of the request. The decision is rendered orally at the review.

2.Mediation - in accordance with 34 C.F.R. § 361.57(b)(5)(d), incorporated above, mediation allows an applicant or eligible individual to resolve disputes involving determinations made by ORS that affect the provision of services by providing evidence and other information supporting their position, whenever a request is made for an impartial due process hearing. Individual may have representation by counsel or other advocate during this process. Must be held within fifteen (15) days of the request.

a.Discussions that occur during the mediation process must be kept confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings, and the parties may be required to sign a confidentiality pledge prior to the commencement of the process.

b.A written mediation agreement is developed with assistance of the impartial mediator, and signed by all parties. A copy is sent to both parties.

3.Impartial Due Process Hearing - a hearing conducted by an Impartial Hearing Officer that must be held within sixty (60) days of the applicant's or eligible individual's request for review of a determination made by ORS unless informal resolution or mediation agreement is achieved prior to the sixtieth (60th) day, or all parties agree to specific extension of time. An applicant or eligible individual can at this time present evidence and other information supporting their position, and present witnesses. Individual may have representation by counsel or other advocate during this process. A written decision, including the findings of fact and the grounds for the decision, will be sent to both parties within thirty (30) days of the completion of the Hearing.

4.Director's Option to Review Impartial Hearing Officers' Decision - Either party may request a review of the decision of the Impartial Hearing Officer (IHO) within twenty (20) days after the decision. If neither party requests this review, the decision of the hearing officer becomes the final decision of the agency on the twenty-first (21st) day after the decision is issued. The reviewing official will not overturn or modify the decision of the IHO, or part of the decision that supports the position of the applicant or eligible individual, unless the reviewing official concludes, based on clear and convincing evidence, that the decision of the IHO is clearly erroneous.

5.Judicial Review - any party who disagrees with the findings and decision after a Director's Review of the Impartial Hearing Officers' Decision has the right to bring a civil action with respect to the matter of the dispute.

E.The individual must submit a "Request for Mediation/Impartial Due Process Hearing" (ORS-121) within thirty (30) days of the date on the denial letter from the Social Services/Independent Living program to initiate any of these reviews.

F.A hearing request may be denied or dismissed when it is determined that it has been abandoned. Abandonment may occur when, without good cause, an applicant or individual with a disability fails to appear at a hearing.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-13 to 01/04/2022

218-RICR-50-00-2 § 2.11 NEWSLINE

A.SBVI must administer and promote a program to provide telephone access to the text of newspaper programs to residents who are blind, deaf/blind, visually impaired or reading impaired with a single party telephone line.

B.Applications for NEWSLINE will be processed by SBVI, which will determine eligibility for this program. Individuals registered for the service utilize a telephone line to access the toll-free telephone number.

C.Eligibility Requirements

1.Persons who live in the state of Rhode Island; and

2.Persons whose visual acuity, as determined by competent authority, is 20/60 or worse in the better eye with corrective lenses, or whose widest diameter of visual field is not greater than twenty (20) degrees; or

3.Persons certified by a competent authority as having a reading disability resulting from an organic dysfunction of sufficient severity to prevent their reading printed material in a normal manner.

History

• Amendment — effective from 2023-06-04 to current
• Periodic Refile — effective from 2022-01-04 to 06/04/2023
• Adoption — effective from 2018-06-13 to 01/04/2022

218-RICR-50-00-3 Business Enterprises Program Regulations

218-RICR-50-00-3 § 3.1 PURPOSE

A.The Office of Rehabilitation Services/Services for the Blind and Visually Impaired (SBVI), as the designated state unit, has the authority to act as the "State Licensing Agency" or "S.L.A." for the purpose of establishing vending facilities in order to carry out its full responsibilities under the Randolph-Sheppard Act to provide employment to qualified persons who are blind. These regulations are designed to assure that priority is given to blind persons in the operation of vending facilities on State and Federal property, and wherever feasible, one or more vending facilities are established on State and Federal property. These regulations will:

1.define required conditions for applicant to be considered a qualified applicant

2.define standards for selection of licensed vendors

3.define selection, transfer, and promotion system for vendors

4.specify facility bid/assignment criteria and process

5.specify review, hearing, and arbitration of vendor complaints

6.specify factors for termination

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-3 § 3.2 AUTHORITY

These rules and regulations are promulgated pursuant to R.I. Gen. Laws §§ 42-12-8 through 17 and 22; and 29 U.S.C. §§ 721-722.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-3 § 3.3 INCORPORATED MATERIALS

A.These regulations hereby adopt and incorporate the following, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

1.The Randolph-Sheppard Act, P.L. 74-732, as amended by P.L. 83-565 and P.L. 93-516; 20 U.S.C. § 107 et seq. (1974).

2.34 C.F.R. Part 395 Vending Facility Program for The Blind on Federal and Other Property (2011).

3.2 C.F.R. Part 3474—Uniform Administrative Requirements, Cost Principles, And Audit Requirements for Federal Awards (2014).

4.The Education Department General Administrative Regulations (EDGAR) as follows:

a.Administration of Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-profit Organizations, with respect to subgrants to entities that are not State or local governments or Indian tribal organizations, 34 C.F.R. Part 74 (2014);

b.State Administered Programs, 34 C.F.R. Part 76 (2014);

c.Definitions that Apply to Department Regulations, 34 C.F.R. Part 77 (2014);

d.Intergovernmental Review of Department of Education Programs and Activities, 34 C.F.R. Part 79 (2014);

e. Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, 34 C.F.R. Part 80 (2014);

f.General Education Provisions Act - Enforcement, 34 C.F.R. Part 81 (2014);

g.New Restrictions on Lobbying, 34 C.F.R. Part 82 (1990);

h.Implementation of the Nondiscrimination and Equal Opportunity provisions of the Workforce Innovation and Opportunity Act, 29 C.F.R., Part 38 (2015);

i.Drug and Alcohol Abuse Prevention, 34 C.F.R. Part 86 (2014);

j.Protection of Human Subjects, 34 C.F.R. Part 97 (1991);

k.Student Rights in Research, Experimental Programs, And Testing, Part 98 (1984);

l.Family Educational Rights and Privacy, 34 C.F.R. Part 99 (1988).

5.2 C.F.R. Part 180, OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)), as adopted in 2 C.F.R. Part 3485 (2012).

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-3 § 3.4 DEFINITIONS

A.For the purpose of these regulations, the following terms have the following meanings:

1."Acceptable vending company" means a company who provides automatic vending machine services and who agrees to send to the ORS/SBVI proceeds from the operation of any automatic vending machine on State property as determined and agreed upon pursuant to a contract awarded by the Division of Purchases.

2."Agency-operated facility" means a facility with no manager: This will typically be a facility that was placed on bid to all eligible Vendor/ licensees, and no Vendor/licensee bid to operate the facility. As a result, the S.L.A. may directly manage the facility while seeking placement of a replacement blind Vendor/licensee.

3."Automatic vending machine" means any machine which automatically dispenses for money, goods, such as, but not limited to, soda, candy, lottery tickets, food, coffee, newspapers, sundries, etc.

4."Blind vendor/licensee" means an individual who has been licensed to operate a vending facility by the State Licensing Agency, and is actually operating a vending facility, pursuant to a written agreement to operating a vending facility and who has successfully completed all training and a six-(6) month probationary period. The license which an operator receives shall be issued pursuant to the following rules and regulations.

5."Coffee plus" means the trade name which the State Licensing Agency (S.L.A.) and the RI State Committee of Blind Vendors (RISCOBV) have adopted, which is to be used to describe and market vending facilities at all locations.

6."Corrective Action Plan" means a written plan developed with the cooperation of the vendor identifying the problems leading to the determination that retraining or other intervention, is necessary and contains the necessary actions/activities to address and resolve the identified issues/deficits. A CAP is established for a reasonable time period and must contain a start and completion date, unless the matter is deemed ongoing (for example – failure to maintain hours or adhere to proper sanitation practices – the expectation is that the correction will be “ongoing” and not limited to a period of time).

7."Legally blind" means visual acuity found to be 20/200 or less in the individual's better eye with best correction, or visual acuity of better than 20/200 if the widest diameter of the field of vision subtends an angle no greater than twenty degrees (20°).

8."Operating hours" means the hours that the Blind Vendor or Probationary Graduate is required to be on site and/or directly engaged in tasks directly related to the business. Operating hours are specified in a particular permit, but generally consist of a minimum of forty (40) hours weekly.

9."Performance standards" means the results of the semi-annual reviews conducted at each licensed vendor's facility.

10."Primary facility" means a facility that a Vendor/licensee operates as a main facility and will remain assigned to the Vendor/licensee as per the terms of the Operating Agreement and Permit/Contract. To the extent possible, all eligible Vendor/licensees in the program will have a primary facility.

11."Probationary graduate" means an individual who has successfully completed the training and orientation program, and is operating a facility but is not yet issued a formal Vendor License. A probationary graduate who does attain transfer seniority, however, is not eligible to bid on available facilities until the successful completion of the six (6) month probationary period. A graduate achieves full vendor/licensee status upon successful completion of a six (6) month probation period in operation of a vending facility.

12."Proceeds" means the vending machine income generated from the operation from an automatic vending machine on State property.

13."Promotion" means the advancement of a Probationary Graduate to the status of Blind Vendor.

14."Satellite facility" means a vending facility bid as a satellite and which a Vendor/licensee operates in addition to their primary location. (Such as a vending-only site). Satellites will be awarded according to the standard bidding protocol. A Vendor/licensee must be under an effective operating agreement for a primary facility in order to submit a bid for another facility as a satellite location. No Vendor//licensee will be allowed to assume more than one satellite until all other eligible Vendor/licensees have had the option to assume a satellite.

15."Secondary facility" means a vending facility bid under the standard protocol, but that is awarded as a secondary site – given there are no Vendor/licensees interested as a primary. Secondary sites are operated in addition to their primary location. (Such as a satellite). A Vendor/licensee must be under an effective operating agreement for a primary facility in order to submit a bid for another facility as a secondary location. No Vendor/licensee will be allowed to assume more than one facility until all other eligible Vendor/licensees have had the option to assume a facility.

16."Semi-annual review" means a formal management evaluation of Vendor/licensee’s operation which assesses the individuals’ performance, presentation, facility appearance, and cleanliness, marketing efforts, menu/food pricing, and health and food safety, as well as data keeping, set aside obligations and record submission.

17."Seniority" or "Transfer seniority" means the length of time a Vendor/licensee has been active in the BEP; (active is defined as working under an active operating agreement.) Seniority is applied as criteria during a bidding cycle, at which time Vendor/licensees may be competing to be awarded a facility. Seniority begins accruing to a Vendor/licensee who is a probationary graduate and who has completed the training process.

18."State licensing agency" or "S.L.A." means the designated state unit, Office of Rehabilitation Services/Services for the Blind and Visually Impaired, whose purpose is to establish vending facilities in order to carry out the full responsibilities under the Randolph-Shepard Act.

19."State property" means any building, land, or other real property owned, leased, or occupied by any department, agency, or instrumentality wholly owned by the State, unless, with respect to any building, land, or other real property leased or rented by the State, the lease or rental agreement shall prohibit the establishment of such vending facilities.

20."Suspension" means a temporary discontinuation (usually thirty (30) calendar days) of the Operating Agreement resulting in the vendor's relinquishing control of the vending facility and leaving and/or remaining away/absent from the facility (or off-site) for the period of suspension. The Operating Agreement will be reinstated when the reason for the suspension has been remedied. If the reason(s) for suspension cannot be remedied, the operating agreement will be revoked, after a full evidentiary hearing.

21."Transfer" means the assignment or re-assignment of a Blind Vendor to a new or vacant facility. Transfer will not include the move of an existing vending facility to a new location if the population (entity) to be served at the new location is substantially the same.

22."Vending facility" means a site that has been determined to meet the criteria of a satisfactory site as defined in 34 C.F.R. § 395.1(x) revised 7/2010 and is operated under a permit. Vending facilities are categorized as Dry/Wet/Vending Only; Primary, Secondary and Satellite. Includes but is not limited to cafeterias, snack bars, cart service, shelters, counters, and such other appropriate auxiliary equipment necessary for the sale of newspapers, periodicals, tobacco products, foods, beverages, and other articles or services dispensed manually and prepared on or off the premises in accordance with all applicable health laws based on RI Food Code, 216-RICR-50-10-1, and including the vending or exchange of chances for any lottery which may be located on public or private property.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-3 § 3.5 REFERRAL/APPLICATION

A.Qualified applicants referred to the Business Enterprises Program (BEP) by Vocational Rehabilitation must meet the following additional requirements:

1.The VR Counselor, in consultation with the VR Supervisor, must submit a referral to the BEP Administrator providing pertinent information about the client and requesting consultation/record review for the potential candidate. Electronic Mail (e-mail referrals are acceptable.)

2.The referral must include such information as the clients’ VR status, IPE goal progress, brief education and employment history overview, current evaluations or assessments which document the applicants' visual acuity, U.S. citizenship, a current BCI (Criminal Background Check) report, and a signed release of information to allow a case file review. Referrals lacking a current BCI report and signed release of information form will be automatically rejected.

3.Following the file/client review, prospective BEP candidates will submit to an interview with the BEP Administrator and VR Counselor in order to evaluate a client's overall presentation, degree of interest and motivation, as well as capacity and potential for success as a future vendor/Licensee. The interview also serves as a means to provide the referral with a greater explanation of the expectations and general outcomes of the BEP. Upon completion of the interview process, the BEP Administrator will issue written notification of denial or acceptance in the BEP training process.

4.Accepted candidates will participate in an on-site evaluation at a designated vending facility. During this process, applicants will be evaluated to ensure that they meet the additional requirements listed in § 3.5(B) of this Part. This will include an assessment of the need for adjustment training, mobility orientation/instruction, rehabilitation teaching, assistive technology, focused-task oriented training, outside training in specialized areas, and/or other support services.

a.Based upon the findings of the onsite evaluation, additional training and education needs may be identified specific to the individual outcomes and candidates' respective performance.

b.The Vocational Rehabilitation (VR) Counselor must assure that the candidates will be provided with the appropriate tools needed to assure independent and successful performance during the evaluation and training process. Tools (other than those general to the business environment) includes but is not limited to high-tech and low-tech assistive technology for the identification of money, merchandise, for safe food handling and physical mastery of the environment – such as mobility aides and rehabilitative teaching.

B.Additional Requirements

1.Possess skills or have the potential capacity to travel independently.

2.Possess and demonstrate sufficient capacity to learn and/or perform basic applied mathematics operations and other business management/business skills in order to effectively engage in proper operation of a business including proper and accurate recording and maintenance of business and sales records.

3.Demonstrate consistent stable personality traits to enable proper interaction with the public.

4.Demonstrate consistent due care in daily personal cleanliness and grooming.

5.Demonstrate the ability to communicate effectively, professionally and appropriately with the general public, the S.L.A., host entities, and suppliers.

6.Demonstrate the ability and desire to be responsible for the daily operations of a business enterprise.

7.Demonstrate basic knowledge of any and all State and Federal requirements for operating a business – including compliance with all applicable State and Federal Labor, Wage, and Tax Laws.

8.Demonstrate the desire to be actively and personally involved in day-to-day business operations, including (but not withstanding) any physical demands associated with the operation of the business enterprise.

9.Demonstrate the ability to perform simple and routine care of the vending facility equipment.

10.Obtain and maintain any necessary certifications or trade licenses required to engage in a (food service) business operation according to State Law.

11.Make proper use of any and all necessary and available assistive technology, so as to assure maximum independence in the operation of the business enterprise.

12.Be willing to and demonstrate the ability to work under the supervision of the BEP management staff.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-3 § 3.6 TRAINING

A.The S.L.A. will provide for the training of blind individuals in accordance with the requirements of 34 C.F.R. § 395.11, and for the development thereafter, with the active participation of the Rhode Island State Committee of Blind Vendors (RISCOBV), of training and re-training programs. The basic component requirements of such programs include:

1.Personal and vocational adjustment training, including books, tools and other training materials and related expenses as provided under the VR Program of the S.L.A.

2.Work experience training and practice in the trial and actual operation of a vending facility, including specialized training preparatory to the conduct and maintenance of financial data, purchasing and fiscal procedures and financial status reports, food preparation, food safety management and certification, sanitation, customer service, business management, and operation.

3.The training program will generally be as follows:

a.Work experience in a designated vending facility (unpaid) for a minimum of 4 weeks (unless waived by BEP Administrator), during which the BEP supervisors conduct orientation and on-site instruction to the trainee regarding general facility operation. This on-the-job training may include public relations, facility layout and atmosphere, merchandising, purchasing, inventory, ordering, cooking, pricing, equipment maintenance, and book/record keeping expectations; and

b.Successful completion of an approved RI Certified Food Manager Curriculum and subsequent RI Certification pursuant to the R.I. Gen. Laws Chapter 21-27 and Certification of Managers in Food Safety, 216-RICR-50-10-2; and

c.Successful completion of an approved Food Service/Culinary Training Curriculum in the absence of substantial prior experience in the field; or demonstrated mastery during the onsite evaluation period; and

d.Successful completion of the HADLEY SCHOOL (online) and NABM- Randolph Sheppard Certificate of Excellence online training programs.

4.Community-based training facilities and resources will be used to augment the vending facility training program. Examples include the Genesis Center, Generations, the National Restaurant Association, the RI Hospitality Association, Johnson & Wales University, The RI Small Business Development Center, and The Carroll Center for the Blind. Trainees will be required to participate in management and other training from such local resources as needed. Training may also include course work in management, marketing, sales, customer relations, and advertising.

5.The S.L.A. will provide for upward mobility, or continued training for the advancement, or re-training of vendors, including, as necessary, provision of post-employment services to assist vendors in their adjustment to their work assignment and assure the application of their maximum vocational potential as vending facility managers, and re-training pursuant to any corrective action warranted. Such training and services may be provided in conjunction with the VR Counselor.

a.The S.L.A. will also provide direct or indirect mandatory periodic training on matters the S.L.A. deems necessary or beneficial. This training is intended for the improvement of specific individuals and/or the BEP in general.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-3 § 3.7 LICENSURE

A.The license which an operator receives will be issued pursuant to the rules and regulations of the Business Enterprises Program (BEP) and include the following requirements.

1.The applicant must be legally blind. "Legally blind" means visual acuity found to be 20/200 or less in the individual's better eye with best correction, or visual acuity of better than 20/200 if the widest diameter of the field of vision subtends an angle no greater than twenty degrees (20°).

a.Blindness will be determined by a physician skilled in the diseases of the eye and certification thereof will be made by the ophthalmological consultant at the Services for the Blind and Visually Impaired.

b.Legal Blindness is certified every five (5) years.

2.The applicant must be a citizen of the United States.

3.The applicant must be certified by the BEP Administrator of the S.L.A. as qualified to operate a vending facility.

4.An applicant must be in need of employment.

B.SUSPENSION AND REVOCATING

1.Immediate suspension: Grounds for immediate suspension of a license shall exist when any activity, policy or conduct of a Blind Vendor presents a serious or imminent hazard to the health, safety, civil rights, and well-being of the public.

2.Suspension for cause: A vendor/licensee is subject to suspension for the following reasons, including, but not limited to:

a.The Blind Vendor/licensee is in violation of the regulations and/or laws of a governmental agency; or

b.The Blind Vendor/licensee demonstrates total unfitness or inability to operate a business enterprise in compliance with any of the requirements of these regulations and any applicable Federal and State law, including:

(1)Willfully defrauding a private vendor or any agency of government of any taxes or other money due;

(2)Jeopardizing the S.L.A.'s permit for the facility as a result of building management complaint and request for removal; or

(3)Abandonment of the business enterprise; or

(4)Indictment for or conviction of, a crime.

3.The Blind Vendor/licensee shall be notified of the reason(s) for any suspension in writing on the effective day of the suspension, if not earlier. The suspension becomes effective on the date and at the time specified in said notice. The notice must offer the operator an opportunity to show compliance with all lawful requirements for retaining her or his license. In addition, the vendor/licensee has appeal rights as outlined in § 1.9 of this Subchapter. The vendor/licensee is entitled to all grievance procedures afforded by state and federal law, including an Administrative Hearing.

C.TERMINATION OF LICENSES

1.Any license given to an individual Blind Vendor/licensee for the operation of a vending facility on Federal or other property will be terminated for any of the following reasons:

a.No longer eligible under the criteria in §§ 3.7(A) and 3.8(A) of this Part, for example, improvement of vision so that the vendor no longer meets the definition of blindness.

b.Withdrawal by the vendor/licensee from the program with or without (I.e. abandonment) his or her written notification to the S.L.A.

2.All licenses will be issued for an indefinite period of time but are subject to termination if, after affording the Blind Vendor/licensee an opportunity for a full evidentiary hearing, the S.L.A. finds that the vending facility to which that Blind Vendor/licensee is assigned is not being operated in accordance with the rules and regulations set forth herein, the terms and conditions of the permit, or the terms and conditions of the written agreement between the S.L.A. and the Blind Vendor/licensee.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-3 § 3.8 SELECTION OF VENDOR

A.The S.L.A., with the active participation of the State Committee of Blind Vendors, hereby establishes a selection, transfer, and promotion system for vendors which will be uniformly applied to all vendor vacancies that develop or occur in the vending facilities program.

B.General Standards for Selection of Licensed Vendor: To be eligible for appointment as a Licensed Vendor, the following basic requirements must be met:

1.An applicant must have successfully completed the specialized training program for Blind Vendors as provided by the S.L.A. or a training program of equal scope and requirements.

2.An applicant must have acquired sufficient knowledge and skills necessary to the successful performance of all the tasks or processes which enable the proper operation of a vending facility.

3.Successful trainees will advance to Probationary Graduate Status for a period of 6 months, during which time he/she will operate a designated vending facility under the direction and supervision of the BEP Supervisory staff. Ongoing evaluations will be conducted during said probationary period.

C.General Standards for the Promotion of Probationary Graduates and Transfer of Blind Vendors and Active Probationary Graduates

1.In order to ensure the continuous and orderly coverage of all vending facilities, the following requirements will be basic to the eligibility for transfer and promotion:

a.The Blind Vendor/licensee must have demonstrated his or her ability to successfully operate and manage a vending facility.

b.The Blind Vendor/licensee must have adhered to these rules and regulations and operating rules of the Vending Facilities Program during the immediate past assignment(s).

c.The Blind Vendor/licensee must be current with any and all set aside obligations or have adhered to a payment schedule to repay any debts incurred during previous assignment(s)if applicable.

d.The Blind Vendor/licensee must consider, explore, and be prepared to assume certain obligations which may occur as a result of accepting assignment of a facility such as: relocation of residence, transportation to and from a facility and assumption of duties and responsibilities which may or may not vary from the previous assignment(s) such as payroll expenses or managing employees, or purchasing insurance.

e.The Blind Vendor/licensee must be prepared to accept specialized or advanced training prior to or after transfer or promotion.

D.Conditions for Transfer of Blind Vendors/licensees and Active Probationary Graduates

1.In accordance with the standards outlined in § 3.8(B) of this Part above, the transfer/assignment of Blind Vendors/licensees to a Vending facility will be made on the basis of transfer seniority as well as consideration of the Vendor/licensee’s status within the program – i.e. good standing. Transfer seniority is defined as the length of time that a Blind Vendor/licensee has been licensed and actually operated a vending facility located in Rhode Island pursuant to a written Agreement for Operation of a Vending Facility. Transfer seniority will not accrue to Vendor/licensees during periods of suspension that result from performance issues. “Ties” in seniority accrual of this of those Vendors/licensees competing for a vacant facility who are otherwise equal on all other criteria may be decided by a lottery process.

2.The State Licensing Agency will maintain a Transfer Seniority List.

3.Transfers will also be based on performance standards related to the Vendor/licensee's education and experience in operating a business successfully. Factors that will be considered include but are not limited to:

a.Overall performance/evidence of good standing;

b.Creative marketing;

c.Appropriate use of employees;

d.Inventory management;

e.Quality of customer service;

f.Willingness to learn;

g.Ability to handle increased responsibility;

h.Payment of all set aside and other known payables due; and

i.Appropriate engagement with BEP staff and Host entity personnel.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-3 § 3.9 FACILITY ASSIGNMENT

A.Whenever there will be a facility available either as a Primary, Secondary, or Satellite facility, the State Licensing Agency will provide written notice to each active blind vendor/licensee, who is in good standing.

B.The bid announcement will contain at least the following information:

1.Date facility is available

2.Type of facility

3.Financial data for current fiscal and preceding year to include: gross annual sales, vending income, total facility proceeds, purchases and payroll

4.Facility personnel: number of current or projected

5.Building population

6.Hours of operation

7.Holidays

8.Public transportation

9.Miscellaneous information

10.Program contact person and current manager

11.Cut-off date and time for submitting application. A minimum of two weeks will be allotted for submission of applications/bids

C.Attachments to the Bid Announcement

1.Bid Response Form: The Vendor/licensee may submit an application to bid for the available facility as primary or satellite. The final assignment classification will be based on the highest order selected.

2.Minimum Assignment Criteria which are specific to the facility to be assigned.

3.Other information as needed.

D.Withdrawal of Bid

1.A Vendor/licensee may withdraw their bid at any time prior to bid award.

2.A Vendor/licensee may only withdraw from an awarded bid with 30-days' notice to the S.L.A. to allow the S.L.A. to select the next eligible bidder.

E.Assignment/Award Criteria

1.In order to be assigned any vending facility, the applicant must:

a.Meet the specific criteria established for that facility;

b.Meet the following general criteria:

(1)Satisfy all financial obligations incurred from the operation of the current facility or past facilities;

(2)Be in good standing with BEP;

(3)Receive overall passing score on recent management evaluations, have demonstrated proper business management and customer service practices, be current with all weekly financial reports, tax obligations, Vendor/licensee payments, current with set aside and not otherwise under any corrective action plans.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-3 § 3.10 AWARDING OF VENDING FACILITIES

A.PRIMARY VENDING FACILITIES

1.Generally: A Vendor/licensee operating a primary vending facility who bids on, is awarded and accepts a new primary facility automatically relinquishes their current primary facility.

2.Primary Sites will be awarded according to the assignment criteria.

3.If a Vendor/licensee who is operating a secondary is suspended from a primary location, the Operating Agreement for the Secondary may be terminated. When the Operating Agreement for the site is terminated, the facility will be subject to the normal bid process.

4.The successful applicant may continue to run his/her current facility if there are no eligible Vendor/licensees awaiting placement. The S.L.A. will make every effort to reassign the current facility as soon as possible.

5.In the event that the Vendor/licensee selected refuses to accept the facility, the next senior and qualified Vendor/licensee applicant will be assigned the facility.

B.SECONDARY VENDING FACILITIES

1.If there are no applications for a facility as a primary facility, any applications for the facility as a secondary facility will be reviewed. First priority in assignment will be given to the most senior qualified applicant who can demonstrate the capacity to efficiently run the facility and is available to be present at the secondary site routinely.

2.Secondary sites will be awarded to Vendor/licensees for a minimum period of six (6) months under an operating agreement for secondary sites. If at any time an unassigned qualified Vendor/licensee in the BEP is in need of assignment – secondary sites will be surrendered.

3.As long as there are no unassigned Vendor/licensees awaiting placement, the Vendor/licensee who currently holds it may continue to operate it.

4.Any Vendor/licensee currently operating a secondary location will go to the bottom of the seniority list in terms of awarding any additional locations. Priority for award will be to the Vendor/licensee who has the fewest number of locations.

5.If a Vendor/licensee who is operating a secondary is suspended from a primary location, the Operating Agreement for the secondary may be terminated. When the Operating Agreement is terminated, the facility will be subject to the normal bid process.

C.SATELLITE VENDING FACILITIES

1.A satellite is a vending facility bid as a satellite and which a Vendor/licensee operates in addition to their primary location (such as a ‘vending only’ site). Satellites will be awarded according to the standard bidding protocol. A Vendor/licensee must be under an effective operating agreement for a primary facility in order to submit a bid for another facility as a satellite location. No Vendor/licensee will be allowed to assume more than one satellite until all other eligible Vendor/licensees have had the option to assume a satellite.

2.No Vendor/licensee will operate more than one satellite while there are other interested Vendor/licensees awaiting placement for either primary or secondary locations.

3.Vendor/licensees who operate satellite locations will be responsible to maintain and submit separate records concerning the operation of each facility to the S.L.A., as well as the payment of the set aside fee payment by separate checks.

4.If a Vendor/licensee who is operating a satellite is suspended from a primary or secondary location, the Operating Agreement for the Satellite may be terminated. When the Operating Agreement for the satellite is terminated, the facility will be subject to the normal bid process.

D.Available Facilities Receiving No Applications

1.If, after the bid process has been exhausted, no Vendor/licensee has bid to operate a facility as a primary or secondary or satellite, it may be closed or operated at the discretion of the S.L.A.

2.If after a secondary bid process yields no interested Vendor/licensees, and there is no reasonable belief that new Vendor/licensees will be entering BEP, then the S.L.A. in consultation with the RISCOBV may elect to surrender the location.

E.Facility Surrender or Relinquishment/Reassignment

1.All Vendor/licensees operating a facility under an operating agreement - whether primary, secondary, or satellite must operate said facility for a minimum of thirty (30) days.

2.All Vendor/licensees wishing to surrender a facility must provide thirty (30) days' notice to the S.L.A.

3.Exceptions will be made at the discretion of the S.L.A. for extenuating circumstances such as documented medical emergencies, substantial changes impacting the building population such that documented business proceeds are significantly reduced.

4.All conditions for surrender seeking exception to the thirty (30) day rule require documentation.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-3 § 3.11 VENDING FACILITY EQUIPMENT AND INITIAL STOCK

A.The S.L.A. is responsible for furnishing each vending facility with adequate initial stocks of merchandise, suitable equipment, and petty cash if necessary for the establishment and operation of such facility.

B.The right, title to, and interest in the equipment, stock, and petty cash of each vending facility will be vested in the S.L.A. in accordance with the laws of the State of Rhode Island, and, the S.L.A., as the duly authorized agency to administer the Vending Facilities Program, will safeguard all such equipment, stock, and petty cash, using same for program purposes only.

C.Expenditures for the purchase of vending facility equipment and initial stock, petty cash, and expenditures for major repairs to vending facility equipment, will be made in accordance with purchasing and disbursement procedures of the State of Rhode Island.

D.Disposition of Equipment, Merchandise, and Petty Cash

1.Upon termination of a vending facility assignment by a vendor, the Blind Vendor will be permitted to engage in an inventory of all equipment, merchandise, and petty cash, but the S.L.A. will be responsible to take the inventory as soon as practicable following such termination. The S.L.A. will, within a reasonable period of time, submit a Profit and Loss Statement to the vendor or his or her heirs, and either pay any remaining profits to him, her or them, or, make demand upon him, her, or them in the event of debt(s) outstanding at such facility.

2.All equipment and merchandise will remain at the subject vending facility, excepting perishables and petty cash, until the final inventory is completed.

3.The petty cash will be returned to the S.L.A. upon termination of assignment and added to the value of final inventory.

4.Equipment and stock will be appraised at current fair market value, then sold for such value, or retained for the continued operation of that facility by another vendor, or stored for future use.

5.Proceeds from the sale of any and all equipment and merchandise, will be deposited in and credited to the accounts from which they were drawn and apportioned in accordance with the matching ratio in effect at the time of their purchase.

E.All equipment and permanent stock as purchased by the S.L.A. will be labeled according to fixed asset tracking rules.

1.A complete inventory of all such goods will be maintained by the S.L.A..

2.Equipment and permanent stock which is not the property of the State of Rhode Island may be inventoried at the discretion of the S.L.A. for the purpose of determining worth/value in the event of unexpected loss, i.e., theft, fire, etc.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-3 § 3.12 MAINTENANCE AND REPLACEMENT OF EQUIPMENT

A.The S.L.A. will maintain, or cause to be maintained, all vending facility equipment in good repair and in attractive condition, and the S.L.A. will replace or cause to be replaced, worn out, or obsolete equipment as required to assure the continued successful operation of the facility.

B.If there is equipment present at any vending facility the full title of which is not vested in the S.L.A., the latter hereby declares no responsibility or obligation for its maintenance, repair, and replacement.

C.Vending facility equipment in need of repair or replacement will be reported to the S.L.A. without delay. Subsequent to such report, the S.L.A. will determine the costs of repair/replacement. These costs must be verified by written documentation from an appropriate licensed repair person.

D.Each vendor will take reasonable care of the equipment assigned to his or her facility, and perform routine, day-to-day cleaning and maintenance procedures.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-3 § 3.13 OPERATION

A.Setting Aside of Funds

1.The S.L.A. will set aside, or cause to be set aside, the net proceeds of the operation of all vending facilities under the program and vending machine income, a sum of money which will be based upon a fixed percentage, which shall apply equally to each vending facility without regard to any vending facility or vending machine as set forth in 34 C.F.R. § 395.9.

a.The method by which the S.L.A. shall cause funds to be set aside from the net proceeds of all vending facilities and locations is as follows:

(1)Set aside rate- The set aside rate will be considered on an as needed basis depending on the program's projected expenses as determined by the S.L.A. and RISCOBV Executive Board, Vendor/licensees shall remit to the S.L.A. the set aside fee assessed of their facility net proceeds, at least once annually, at the conclusion of the Federal Fiscal Cycle consistent with the reporting period set forth in 34 C.F.R. § 395 – RSA-15 – Report of Vending Facilities Program.

(2)The S.L.A. shall prepare and submit to the Vendor/licensee a compiled profit and loss summary based on sales reports submitted by the Vendor/licensee which identifies the individual set aside obligation.

b.Funds will be set aside only for the purposes of:

(1)Maintenance and replacement of equipment;

(2)Purchase of new equipment;

(3)Management services;

(4)Assuring a fair minimum return to vendors;

B.Vending Facilities Other Than Automatic Vending Machines

1.Vending facilities other than automatic vending machines may be located on public or private property and shall be operated by a licensed blind vendor pursuant to the rules and regulations of the ORS/SBVI Business Enterprises Program.

C.Automatic Vending Machines

1.In accordance with the rules and regulations of the Business Enterprises Program, vending machine income obtained from the operation of all automatic vending machines on state property shall accrue to:

a.The Licensed Operator operating the vending facility, and

b.In the event that there is no Licensed Operator operating a vending facility on the property, to the S.L.A. for use in the support of the administration of the Business Enterprises Program.

D.Leave of Absence

1.Vendor/licensees are expected to assure continuous operation of a facility during normal business hours. In the event a vendor/licensee must be absent from a facility for any period of time, in particular extended absences due to illness, vacation, or other extended leave, the following applies:

a.When a Blind Vendor/licensee Probationary Graduate in good standing wishes a short-term leave of absence for any reason, he/she shall request such leave at least two (2) weeks prior to the beginning of the time period. The Vendor/licensee is responsible for finding and paying the replacement employee. The Blind Vendor/licensee Probationary Graduate must adhere to all rules pertaining to the use of labor and provide the S.L.A. the name, contact information, and BCI report for the individual who will operate the facility during his/her absence if not previously vetted by the S.L.A. Further, those whose facilities engage in the preparation and sale of food, shall assure all replacement individuals have taken the approved food safety course, preferred to hold a food safety managers license. All rules of the BEP and those pertinent to the facility operation and responsibility to the S.L.A. apply.

b.Any absence for a period of three (3) calendar months shall cause suspension of the operating agreement.

c.Any agreement that remains suspended for twelve (12) months shall be terminated according to § 3.14(B)(1)(b) of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-3 § 3.14 CORRECTIVE ACTION PLAN (CAP) AND SUSPENSION

A.Corrective Action Plan: If it is determined by the S.L.A. that re-training or other intervention is necessary due to a vendor's performance problem, a Corrective Action Plan (CAP) may be completed.

1.Performance problems resulting in the determination that re-training or other intervention is necessary and development of a Corrective Action Plan include, but are not limited to:

a.Incidence of unprofessional behavior, e.g., use of profanity or loud, abusive language or behavior, poor customer service, inappropriate dress; and/or

b.Cleanliness problems, inappropriate hygiene, failure to adhere to safe food handling requirements; and/or

c.Bookkeeping issues, such as failure to file weekly reports to the S.L.A. in a timely manner, non-payment of set-aside, failure to obtain current worker's compensation insurance for employees, failure to make required tax deposits and payments, failure to file required local, state or federal tax forms; and/or

d.General management issues including inappropriate use of labor, low inventory levels, failure to use cash register, improper recording of receipts, inappropriate use of the telephone, cable, or lottery equipment, and other problems related to operating the facility in a business-like manner; and/or

e.Failure to adhere to operating hours; and/or

f.Failure to comply with local, state, and federal laws; and/or

g.Personal issues, e.g., substance abuse, excessive tardiness, and excessive absences as determined by the S.L.A.; and/or

h.Failure to pass the Semi-Annual Review.

2.Determination of Need for Intervention and/or Corrective Action Plan

a.The S.L.A. may become aware of performance problems through the results of the semi-annual reviews, regular supervisory visits, building managers, Department of Health inspections, or any other valid source of information. Verbal reports will be accepted but written reports of misconduct are preferred and will be requested of the complainant(s).

b.Upon S.L.A.'s notification of a performance problem, BEP Administrator will meet with the reporting party(ies) (if applicable and/or possible) and the vendor/licensee to discuss and determine the validity and seriousness of the complaint and, if valid, determine if a Corrective Action Plan should be developed and implemented to correct the problem(s).

3.A Corrective Action Plan is developed with the cooperation of the vendor and identifies the problems leading to the determination that re-training or other intervention is necessary, and contains the actions/activities required to address and resolve the identified issues/deficits.

a.The developed CAP is reviewed with the Vendor/licensee and signed by both the Vendor/licensee and BEP Administrator. Accessible copies are provided to both parties.

b.The vendor/licensee must show a good faith effort in cooperating and participating in the activities outlined in the CAP until the end date stated in the CAP.

4.Non-cooperation with Corrective Action Plan (CAP)

a.Any vendor/licensee who does not participate in the development and implementation of a Corrective Action Plan (CAP) will cause her/his Operating Agreement to be suspended. Moreover, if the S.L.A. determines that the vendor/licensee is not making a good faith effort to participate in the CAP, or upon conclusion of the CAP end date, if no real remedy to the original problem(s) is exhibited, the vendor/licensee will be subject to suspension as described below.

b.Such suspension shall result in the vendor's relinquishing control of the vending facility and leaving and/or remaining away/absent from the facility for the period of suspension.

c.The vendor/licensee is deemed to be “not in good standing”, and therefore ineligible to bid on any other facility (see § 3.8(C) of this Part above) until the problems/deficits are resolved through a CAP.

d.The vendor/licensee's license to operate a vending facility may be (either suspended or) terminated due to non-cooperation.

e.Recurrent performance problem(s) identified in a CAP which a Vendor/licensee fails to substantially correct may be cause for termination.

B.Suspension

1.Any operating agreement issued to a vendor/licensee may also be suspended for the following reason(s):

a.Extended absence due to vacation or illness resulting in prolonged incapacity or inability of the vendor/licensee to operate a vending facility in a manner consistent with the needs of the location, rules and regulations of the program, and/or be accountable to the S.L.A. for the operation of the business enterprise.

b.Any agreement that is suspended for twelve (12) calendar months shall cease, and the S.L.A. may terminate the agreement. The Blind Vendor/licensee may then be placed on an inactive vendor/licensee list according to seniority.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-3 § 3.15 DISTRIBUTION AND USE OF INCOME VENDING MACHINES ON FEDERAL PROPERTY

A.Vending machine income from vending machines on Federal property which has been disbursed to the State Licensing Agency by a property managing department, agency, or instrumentality of the United States under the vending machine income sharing provisions in 34 C.F.R. § 395.8 will accrue to each blind vendor/licensee operating a vending facility on such Federal property.

B.Any vending machine income not disbursed to vendor(s) will be retained by the S.L.A. as and used for one or more of the following:

1.Maintenance and replacement of equipment; purchase of new equipment; management services, and assuring a fair minimum return to vendors.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-3 § 3.16 ELECTION, ORGANIZATION, AND FUNCTIONS OF STATE COMMITTEE OF BLIND VENDORS

A.The S.L.A. shall provide for the biennial election of a State Committee of Blind Vendors, the functions of which are:

1.Actively participate with the State licensing agency in major administrative decisions and policy and program development decisions affecting the overall administration of the State's vending facility program;

2.Receive and transmit to the State licensing agency grievances at the request of blind vendors and serve as advocates for such vendors in connection with such grievances;

3.Actively participate with the State licensing agency in the development and administration of a State system for the transfer and promotion of blind vendors/licensees;

4.Actively participate with the State licensing agency in the development of training and re-training programs for blind vendors/licensees and;

5.Sponsor, with the assistance of the State licensing agency, meetings and instructional conferences for blind vendors/licensees within the State.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-3 § 3.17 ADMINISTRATIVE REVIEW, EVIDENTIARY HEARINGS AND ARBITRATION OF VENDOR COMPLAINTS

The S.L.A. hereby adopts, with certain modifications, and incorporates herein, the procedures set forth in 34 C.F.R. 395.13, Evidentiary Hearings and Arbitration of Vendor Complaints.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-3 § 3.18 ACCESS TO PROGRAM AND FINANCIAL INFORMATION

A.The S.L.A. shall, upon request, within a reasonable period of time, provide to each blind vendor/licensee access to all program and financial data of the S.L.A. relevant to the operation of the vending facility program.

B.Insofar as practicable, such data shall be made available in Braille, large print, electronic format, and/or on recorded tape, upon request.

C.At the request of the vendor/licensee, the S.L.A. will arrange a time convenient to both parties during normal work hours to assist in the interpretation of such data.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-3 § 3.19 EXPLANATION OF RIGHTS AND RESPONSIBILITIES OF AND TO VENDORS/LICENSEES

A.The S.L.A. shall furnish to each vendor/licensee copies of documents relevant to the operation of an assigned vending facility including the following:

1.The agreement for operation of the vending facility

2.A copy of these Program Rules and Regulations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

218-RICR-50-00-3 § 3.20 NON-DISCRIMINATION

A.In accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 200d et seq.), Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) and Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), the US Department of Health and Human Services implementing regulations (45 C.F.R. Parts 80 and 84) and the US Department of Education implementing regulations (34 C.F.R. Parts 104 and 106), the Rhode Island Services for the Blind and Visually Impaired (RISBVI), Department of Human Services (DHS), does not discriminate on the basis of race, color, national origin, handicap or sex in acceptance for or provision or services, employment or treatment, in its educational and other programs and activities. Under other provisions of applicable law, RISBVI does not discriminate on the basis of age, creed or political belief.

B.For further information about these laws, regulations, and RISBVI’s grievance procedures for resolution of complaints of discrimination, contact DHS at 600 New London Avenue, Cranston, Rhode Island 02920, telephone number (401) 462-2130. The Community Relations Liaison Officer is the coordinator for implementation of Title VI; and the Vocational Rehabilitation Placement Supervisor is the coordinator for implementation of Title IX and Section 504. The Director of DHS or designee has the overall responsibility for RISBVI’s civil rights compliance.

C.Inquiries concerning the application of Title IX and 34 C.F.R. Part 106 to RISBVI may also be made directly to the Assistant Secretary for Civil Rights, US Department of Education, Washington, DC 20202 or the Office of Civil Rights, US Department of Education, Region I, Boston, Massachusetts, 02109.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-06-19 to 01/04/2022

Chapter 60 Administrative Procedures

Subchapter 00

218-RICR-60-00-1 Petition for Promulgation of Rules

218-RICR-60-00-1 § 1.1 Purpose

The purpose of this regulation is to prescribe the form of a Petition for Promulgation of Rules pursuant to R.I. Gen. Laws § 42-35-6 and the procedure for its submission, consideration, and disposition.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-08-30 to 01/04/2022

218-RICR-60-00-1 § 1.2 Authority

This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws § 42-35-6.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-08-30 to 01/04/2022

218-RICR-60-00-1 § 1.3 Definitions

A.The following definitions shall apply to this regulation:

1."Department" means Rhode Island Department of Human Services.

2."Petition" means a request for the Promulgation of a Rule.

3."Petitioner" means a person requesting the promulgation of a rule.

4."Promulgate", with respect to a Rule, means the process of writing a new Rule, or amending or repealing an existing Rule.

5."Rule" means the whole or a part of an agency statement of general applicability that implements, interprets, or prescribes law or policy or the organization, procedure, or practice requirements of an agency and has the force of law. The term includes the amendment or repeal of an existing rule. The term is used interchangeably with the term "regulation." The term does not include the exceptions listed in R.I. Gen. Laws § 42-35-1(19)(i)-(vi).

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-08-30 to 01/04/2022

218-RICR-60-00-1 § 1.4 Request for the Promulgation of a Rule

A.A request to Promulgate a Rule must be in writing and include the following information:

1.The name and address of the Petitioner;

2.A plain statement identifying the rule or proposed new Rule at issue;

3.A detailed statement of all facts relied upon by the Petitioner;

4.A plain statement requesting the Promulgation of a Rule, and further indicating whether Petitioner seeks a new Rule or the amendment or repeal of an existing Rule.

a.In the case of a request for the repeal of an existing Rule, the Petitioner shall identify the Rule by title and/or RICR citation.

b.In the case of a request for an amendment to an existing Rule, the Petitioner must identify with specificity any proposed additions, deletions, or other amendments. New proposed language must be clearly marked using underline formatting for proposed insertions, and strikethrough formatting for proposed deletions.

B.A request for the Promulgation of a Rule must be submitted to: Department of Human Services, Office of Policy Development, Louis Pasteur Building, Bldg. 57, Howard Avenue, Cranston, RI 02920.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-08-30 to 01/04/2022

218-RICR-60-00-1 § 1.5 Consideration and Disposition of Request for the Promulgation of a Rule

A.The Department shall promptly consider and respond to the request for the Promulgation of a Rule as provided in R.I. Gen. Laws § 42-35-6.

B.The Department may, at its discretion and within the thirty (30) day period prescribed by statute:

1.Hold a hearing for further consideration and discussion on the Petition; or

2.Request further information or documents from the Petitioner necessary for the full evaluation of his or her Petition.

C.A Petitioner may appeal the Department's final disposition of the request for the Promulgation of a Rule as provided in R.I. Gen. Laws § 42-35-15.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-08-30 to 01/04/2022

218-RICR-60-00-2 Declaratory Order Petitions

218-RICR-60-00-2 § 2.1 Purpose

This regulation states the requirements for submitting a request for Declaratory Order under R.I. Gen. Laws § 42-35-8(b), and the procedure for its consideration and prompt disposition.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-08-30 to 01/04/2022

218-RICR-60-00-2 § 2.2 Authority

This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws § 42-35-8.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-08-30 to 01/04/2022

218-RICR-60-00-2 § 2.3 Definitions

A.The following definitions shall apply to this regulation:

1."Declaratory Order" means an order issued by the Department that:

a.Interprets or applies a statute administered by the Department;

b.Clarifies whether a rule, guidance document, or order issued by the Department applies to a Petitioner; or

c.Clarifies how a rule, guidance document, or order issued by the Department applies to a Petitioner.

2."Department" means Rhode Island Department of Human Services.

3."Petition" means a request for a Declaratory Order.

4."Petitioner" means a person requesting a Declaratory Order.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-08-30 to 01/04/2022

218-RICR-60-00-2 § 2.4 Request for Declaratory Order: Form and Submission

A.A request for Declaratory Order must be in writing and include the following information:

1.The name and address of the Petitioner;

2.A plain statement identifying the statute, rule, guidance document, or order at issue;

3.A detailed statement of all facts relied upon by the Petitioner;

4.A copy of any and all documents relied upon by Petitioner that are not otherwise accessible to the Department; and

5.A plain statement requesting a Declaratory Order, and further indicating whether Petitioner seeks:

a.An interpretation or application of a statute administered by the Department;

b.Clarification as to whether a rule, guidance document, or order issued by the Department applies to Petitioner; and/or

c.Clarification as to how a rule, guidance document, or order issued by the Department applies to Petitioner.

B.A request for a Declaratory Order must be submitted to: Department of Human Services, Office of Policy Development, Louis Pasteur Building, Bldg. 57, Howard Avenue, Cranston, RI 02920.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-08-30 to 01/04/2022

218-RICR-60-00-2 § 2.5 Consideration and Disposition of Request for Declaratory Order

A.The Department shall promptly consider and respond to the request for Declaratory Order as provided in R.I. Gen. Laws § 42-35-8(c).

1.Should the Department schedule the matter for further consideration, the Department shall notify Petitioner in writing of the anticipated date on which the Department will grant or deny the request for Declaratory Order.

B.The agency may, at its discretion:

1.Hold a hearing for further consideration and discussion on the Petition; or

2.Request further information or documents from the Petitioner necessary for the full evaluation of his or her petition.

C.A Petitioner may appeal the Department's final disposition of the request for Declaratory Order as provided in R.I. Gen. Laws § 42-35-15.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-08-30 to 01/04/2022

218-RICR-60-00-3 Conduct of Public Hearings

218-RICR-60-00-3 § 3.1 Purpose

To establish a defined set of procedures for the Department of Human Services for the conduct of Public Hearings regarding proposed rulemaking.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-29 to 01/04/2022

218-RICR-60-00-3 § 3.2 Authority

This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws § 42-35-2(a)(4).

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-29 to 01/04/2022

218-RICR-60-00-3 § 3.3 Definitions

A.For the purpose of this regulation:

1."Department" means R.I. Department of Human Services.

2.“Member of the Public” means any individual, firm, business, corporation, association, partnership or other group.

3.“Presiding Department Official” means the R.I. Department of Human Services employee conducting the Public Hearing.

4."Public Hearing" means the convening of Members of the Public and agency personnel for the purpose of obtaining public comment on a Proposed Rulemaking.

5."Proposed Rulemaking" means a proposed new rule, proposed amendment to a rule or proposed repeal of a rule as notices pursuant to R.I. Gen. Laws § 42-35-2.7.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-29 to 01/04/2022

218-RICR-60-00-3 § 3.4 Procedure for Conduct of Public Hearings

A.Convening of Public Hearing

1.Public Hearings may be held at the election of the agency or as required pursuant to R.I. Gen. Laws § 42-35-2.8(c).

2.Notice of Public Hearings shall be issued in accordance with the provisions of R.I. Gen. Laws §§ 42-35-2.8 and 42-46-6, when applicable.

3.The Public Hearing shall be held at a time and place designated by the Department.

B.Transcription

1.The Public Hearing shall be transcribed by a stenographer or audio recorded.

2.For Public Hearings, any official transcript, recording, or memorandum summarizing presentations prepared by an agency official shall be made part of the rulemaking record in accordance with R.I. Gen. Laws § 42-35- 2.3(b)(5).

C.Testimony

1.Oral Testimony

a.Members of the public may make oral testimony during the meeting.

b.Members of the public who wish to make oral testimony during the meeting must put their name on the speaker list.

c.Members of the public will be called to testify in the order which their names appear on the speaker list.

2.Written Testimony

a.Written testimony must be submitted via e-mail, hand delivery or regular mail to: RI Department of Human Services, Office of Policy Development, 57 Howard Avenue, 1st Floor, Cranston, RI 02920 or to the contact person listed on the notice of proposed rulemaking.

D.Disruptive Conduct

1.Members of the Public attending the Public Hearing shall not cause disruptions, including but not limited to: screaming, loud noises, and disorderly gesticulations, which interrupt or distract from the testimony of other Members of the Public or from the ability of the Presiding Department Official to conduct the Public Hearing.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-29 to 01/04/2022