§ 40-5.2-20 - Child care assistance.

SECTION 40-5.2-20

   § 40-5.2-20  Child care assistance. –(a) The department shall provide appropriate child care to every participantwho is eligible for cash assistance and who requires child care in order tomeet the work requirements in accordance with this chapter.

   (b) Low-Income child care. The department shallprovide child care to all other working families with incomes at or below onehundred eighty percent (180%) of the federal poverty level, if and to theextent such other families require child care in order to work at paidemployment as defined in the department's rules and regulations.

   (c) No family/assistance unit shall be eligible for childcare assistance under this chapter if the combined value of its liquidresources exceeds ten thousand dollars ($10,000). Liquid resources are definedas any interest(s) in property in the form of cash or other financialinstruments or accounts which are readily convertible to cash or cashequivalents. These include, but are not limited to, cash, bank, credit union,or other financial institution savings, checking and money market accounts,certificates of deposit or other time deposits, stocks, bonds, mutual funds,and other similar financial instruments or accounts. These do not includeeducational savings accounts, plans, or programs; retirement accounts, plans,or programs; or accounts held jointly with another adult, not including aspouse. The department is authorized to promulgate rules and regulations todetermine the ownership and source of the funds in the joint account.

   (d) As a condition of eligibility for child care assistanceunder this chapter, the parent or caretaker relative of the family must consentto and must cooperate with the department in establishing paternity, and inestablishing and/or enforcing child support and medical support orders for allchildren in the family in accordance with title 15 of the general laws, asamended, unless the parent or caretaker relative is found to have good causefor refusing to comply with the requirements of this subsection.

   (e) For purposes of this section "appropriate child care"means child care, including infant oddler, pre-school, nursery school,school-age, which is provided by a person or organization qualified, approved,and authorized to provide such care by the department of children, youth, andfamilies, or by the department of elementary and secondary education, or suchother lawful providers as determined by the department of human services, incooperation with the department of children, youth and families and thedepartment of elementary and secondary education.

   (f) Families with incomes below one hundred percent (100%) ofthe applicable federal poverty level guidelines shall be provided with freechildcare. Families with incomes greater than one hundred percent (100%) andless than one hundred eighty (180%) of the applicable federal poverty guidelineshall be required to pay for some portion of the childcare they receive,according to a sliding fee scale adopted by the department in the department'srules.

   (g) In determining the type of childcare to be provided to afamily, the department shall take into account the cost of available childcareoptions, the suitability of the type of care available for the child, and theparent's preference as to the type of child care.

   (h) For purposes of this section "income" for familiesreceiving cash assistance under § 40-5.2-11 means gross earned income andunearned income, subject to the income exclusions in subdivisions40-5.2-10(g)(2) and 40-5.2-10(g)(3) and income for other families shall meangross earned and unearned income as determined by departmental regulations.

   (i) The caseload estimating conference established by chapter17 of title 35 shall forecast the expenditures for childcare in accordance withthe provisions of § 35-17-1.

   (j) In determining eligibility for child care assistance forchildren of members of reserve components called to active duty during a timeof conflict, the department shall freeze the family composition and the familyincome of the reserve component member as it was in the month prior to themonth of leaving for active duty. This shall continue until the individual isofficially discharged from active duty.