WSR 97-07-008
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Public Assistance)
[Filed March 10, 1997, 3:00 p.m.]
Date of Adoption: March 10, 1997.
Purpose: To be in compliance with federal laws regarding temporary assistance to needy families (TANF) to provide the address of a recipient to a law officer if the recipient is fleeing prosecution or confinement, a fugitive felon or probation or parole violator or has information that is necessary for the officer to conduct the official duties of the office.
Citation of Existing Rules Affected by this Order: Amending WAC 388-320-225.
Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, and 74.04.055.
Other Authority: Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, Section 103).
Adopted under notice filed as WSR 97-03-053 on January 10, 1997.
Changes Other than Editing from Proposed to Adopted Version: Revised wording to include recipients who are fleeing prosecution, custody or confinement. This is referenced in the federal law, but was inadvertently omitted from this rule.
Number of Sections Adopted in Order to Comply with Federal Statute: New 1, amended 1, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: Thirty-one days after filing.
March 10, 1997
Merry A. Kogut, Manager
Rules and Policies Assistance Unit
AMENDATORY SECTION (Amending Order 1609, filed 2/19/81)
WAC 388-320-225 Qualifications on nondisclosure. (1) To the extent that nondisclosable information can be deleted from the specific records sought, the remainder of the records shall be disclosable.
(2) No exemptions shall be construed to require nondisclosure of statistical information not descriptive of identifiable persons, as required by RCW 42.17.310(2).
(3) Inspection and copying of any specific records otherwise nondisclosable is permissible pursuant to an order of the superior court enforcing a subpoena in accordance with the provisions of RCW 42.17.310(3), or an order of the office of hearings enforcing a subpoena.
(4) Upon written request of a person who has been properly identified as an officer of the law with a felony arrest warrant or a properly identified United States immigration official with a warrant for an illegal alien the department shall disclose to such officer or official the current address and location of the person described in the warrant, as required by RCW 74.04.062.
(5) The department shall furnish a federal, state, or local law enforcement officer, upon the request of the officer, with the current address of any recipient of temporary assistance for needy families if the officer furnishes the agency with the name of the recipient and notifies the agency that:
(a) The recipient:
(i) Is fleeing prosecution, or custody or confinement after conviction;
(ii) Is a fugitive felon or probation or parole violator as described in WAC 388-215-1550; or
(iii) Has information that is necessary for the officer to conduct the official duties of the officer; and
(b) The location or apprehension of the recipient is within such official duties.
(6) Any person may inquire of the department whether a named individual is a recipient of welfare assistance in accordance with RCW 74.04.060.
(((6))) (7) Any records of the department may be made accessible for
research purposes provided that the research complies with the guidelines
published by the department in response to 45 C.F.R. 46 or other
applicable state and federal law.
[Statutory Authority: RCW 42.17.250 through 42.17.340. 81-06-001 (Order
1609), 388-320-225, filed 2/19/81.]
NEW SECTION
WAC 388-200-1400 Application of rules--Temporary assistance to
needy families. Unless otherwise specified, references in Title 388 WAC
to the aid to families with dependent children (AFDC) program shall
include the temporary assistance to needy families (TANF) program.
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