218 R.I. Code R. 218-RICR-20-00-2.10

Current through November 7, 2024

Section 218-RICR-20-00-2.10 - RI Works Program Opportunities

A. Due to the COVID-19 virus and the national State of Emergency, the Department of Human Services has temporarily suspended the compliancy requirements of plan participation as a condition of eligibility. The requirement of compliance may continue based on the individual's ability to participate from home. If participation is not possible, sanctions may be imposed during the COVID-19 crisis.

B. 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 her/his employment plan or with any other work opportunity, including but not limited to attendance at DHS or vendor appointments such as initial interview, orientation, assessment, 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.

C. A participant, including a parent or non-parent caretaker relative included in the cash assistance payment, shall not voluntarily quit a job or refuse a job, unless there is good cause as defined in §2.11.10 of this Part. A participant who voluntarily quits or refuses a job without good cause while receiving cash assistance shall be sanctioned, and potentially terminated from the RI Works Program if the sanction continues for three (3) months.

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 s/he may be excused from certain RI Works requirements under the Family Violence Option if meeting these requirements puts the recipient or her or his children at risk of domestic violence, and that s/he 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 health of the participant and her/his family. These and other factors provide a client profile which the agency 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 emotional health (including special issues affecting the well-being of the family such as an incapacity of a family member, substance abuse and domestic violence);

e. Transportation issues;

f. Child issues;

g. Education history;

h. Employment history;

i. Known or suspected disabilities, including but not limited to 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 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, 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, 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. A full assessment includes three (3) categories: Family Needs Assessment, Education and Employment Assessment, and Academic and/or Vocational Testing.

10. A full assessment is completed for all RI Works Program applicants and as appropriate, recipients. Individuals must 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. After the test results have been returned, the results are entered into the electronic case record, discussed with the applicant, and evaluated in light of her/his previous education, training, and employment history. The evaluation should 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.

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 is provided to program recipients by 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

B. 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 to be followed by a revised, competency test informed, employment plan within the first thirty (30) days of program participation.

C. With the information gathered during the assessment interview, the preliminary RI Works Employment Plan is jointly developed by the applicant and the RI Works screening worker, taking into account:

1. 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 him/herself of employment opportunities and/or work readiness programs.

D. 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.

E. If during assessment, the participant reports that s/he has a medical impairment(s), the worker should 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.

1. If the parent has a temporary condition of thirty (30) days or less, the employment plan activities may be set to begin after that date.

2. If the parent has a temporary disability that prevents work for more than thirty (30) days but less than six (6) months, the employment plan is written to support rehabilitation in the shortest practicable time and the recipient's activity is compliance with treatment, monitored by the worker.

3. If the parent has a significant impairment expected to last longer than six (6) months, then referral to the Office of Rehabilitation Services (ORS) is indicated. The parent is expected to apply for Supplemental Security Income (SSI) if the impairment is significant and expected to last more than twelve (12) months.

F. 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 client, 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.

G. The parent is advised of her/his 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).

H. The revised plan outlines a systematic process to be followed by the individual in order to attain a specific employment goal 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, including the work opportunities, within the time frame agreed upon with the DHS worker.

I. 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.

218 R.I. Code R. 218-RICR-20-00-2.10

Adopted effective 1/6/2019
Amended effective 2/16/2020
Amended effective 2/27/2022
Amended effective 11/11/2022
Amended effective 8/26/2023
Amended effective 11/4/2023