WSR 97-04-050
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services)
(Public Assistance)
[Filed January 31, 1997, 4:50 p.m.]
Purpose: To comply with federal requirement that temporary assistance to needy families (TANF) be denied to (1) fugitive felons and violators of probation and parole, and (2) unmarried minor parents who have not completed a high school education and are not participating in activities leading to the attainment of a high school diploma or equivalent.
Citation of Existing Rules Affected by this Order: Amending WAC 388-215-1000 Summary of eligibility conditions.
Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, and 74.04.055.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: In order to secure federal funding for the state of Washington's TANF program beginning January 10, 1997, the state must comply with the federal requirements of Public Law 104-193 which denies TANF benefits to (1) fugitive felons and violators of probation and parole, and (2) unmarried minor parents who have not completed a high school education and are not participating in educational activities leading to the attainment of a high school diploma or equivalent.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 1, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Immediately.
January 31, 1997
Merry A. Kogut, Manager
Rules and Policies Assistance Unit
AMENDATORY SECTION (Amending Order 3860, filed 6/28/95, effective 7/29/95 WAC 388-215-1000 Summary of eligibility conditions. (1) The department shall grant AFDC on behalf of a child who:
(a) Meets the age requirements under WAC 388-215-1025; and
(b) Is living in the home of a relative of specified degree including a parent or another relative as defined under WAC 388-215-1050 through 388-215-1080. For temporary absences, see WAC 388-215-1100 through 388-215-1110; and
(c) Is a citizen or an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States (see WAC 388-215-1200); and
(d) Is a resident of the state of Washington, or resides with a parent or other relative who is a resident of the state of Washington (see WAC 388-215-1225); and
(e) Is in financial need (see chapters 388-216 through 388-219 WAC); and
(f) Is deprived of parental support or care because of the death (see WAC 388-215-1300), continued absence (see WAC 388-215-1320 through 388-215-1335), incapacity (see WAC 388-215-1340 through 388-215-1360), or unemployment (see WAC 388-215-1370 through 388-215-1385) of a parent. A parent is a person meeting the criteria in WAC 388-215-1060.
(2) Each client of AFDC shall:
(a) Assign to the division of child support any rights to support in his or her own behalf or in behalf of the other assistance unit members as required under WAC 388-215-1400; and
(b) Cooperate with the division of child support as required under WAC 388-215-1400 through 388-215-1490.
(3) The department shall require each applicant for, or recipient of assistance to furnish a Social Security number as specified in WAC 388-215-1500.
(4) The department shall require adult AFDC recipients or payees to cooperate in a review of eligibility as part of a quality control review as specified in WAC 388-215-1510.
(5) All AFDC applicants and recipients shall be subject to job opportunities and basic skills program (jobs) participation requirements as specified under WAC 388-215-1520.
(6) All AFDC clients are subject to the rules regarding participation in strikes as specified under WAC 388-215-1540.
(7) Certain AFDC recipients shall return a completed monthly report to the department as required under WAC 388-215-1560.
(8) The department shall establish assistance units of children and caretaker relatives eligible for AFDC as specified under WAC 388-215-1600 through 388-215-1620.
(9) The department shall determine eligibility for a minor child applying for oneself as required under WAC 388-215-1650.
(10) The department shall deny temporary assistance to needy families (TANF) to fugitive felons and probation and parole violators as specified under WAC 388-215-1550.
(11) Under TANF, the department shall require unmarried minor
parents who have not completed a high school education to participate in
educational activities leading to the attainment of a high school diploma
or equivalent as specified in WAC 388-215-1650.
[Statutory Authority: RCW 74.04.015, 74.04.055, 74.04.057 and 45 CFR 233.10 (a)(1)(ii)(B). 95-14-048 (Order 3860), 388-215-1000, filed 6/28/95, effective 7/29/95. Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), 388-215-1000, filed 5/3/94, effective 6/3/94. Formerly parts of WAC 388-24-055, 388-24-125 and 388-26-050.]