WSR 97-08-033
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Public Assistance)
[Filed March 27, 1997, 11:05 a.m., effective May 1, 1997]
Date of Adoption: March 26, 1997.
Purpose: To comply with the federal requirements in Public Law 104-193 that for the purposes of the temporary assistance for needy families (TANF) program the IV-D agency (Division of Child Support) is responsible for determining if TANF clients are cooperating in paternity establishment and child support collection; a family's grant is to be reduced by 25% if the caretaker relative fails to cooperate with the IV-D agency; and a family shall be denied TANF assistance if a family member fails to assign certain support rights to the state.
Citation of Existing Rules Affected by this Order: Repealing WAC 388-265-1350 Protective payment--AFDC clients sanctioned for failure or refusal to cooperate with the Office of Support Enforcement; and amending WAC 388-215-1400 Support enforcement--Assignment of support rights cooperation with Division of Child Support.
Statutory Authority for Adoption: RCW 74.04.050 and 74.04.055.
Other Authority: Public Law 104-193, Section 103 (a)(1) (1996).
Adopted under notice filed as WSR 97-05-071 on February 19, 1997.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 1, repealed 1; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: May 1, 1997.
March 26, 1997
Merry A. Kogut, Manager
Rules and Policies Assistance Unit
AMENDATORY SECTION (Amending Order 3732, filed 5/3/94, effective 6/3/94)
WAC 388-215-1400 Support enforcement--Assignment of support
rights--Cooperation with ((office)) division of child support
((enforcement)). (1) As a condition of eligibility, each client of
((AFDC)) TANF shall assign to the ((office)) division of child support
((enforcement)) any rights to support in his or her own behalf or in
behalf of the other assistance unit members, and any rights to support
which has accrued prior to the time assignment is made.
(a) The department shall require the client to promptly remit to the
((office)) division of child support ((enforcement)) any support received
directly after assignment is made.
(b) The department shall consider the client's signed application
as an assignment of support rights. The client's acceptance of ((an
AFDC)) a TANF payment shall constitute an agreement to the assignment of
support rights.
(c) If a family member with whom the child lives fails to assign support rights as required in this section, the department shall deny assistance to the entire assistance unit.
(2) As a condition of eligibility, the department shall require each
((AFDC)) (TANF) client to cooperate with the ((office)) division of child
support ((enforcement)) as specified under WAC 388-14-200 unless the
department has established good cause as specified under WAC ((388-215-1440. Department IV-A staff shall base the determination of client
cooperation on all evidence in its possession)) 388-215-1400 through 388-215-1490. The IV-D agency, division of child support, shall determine
client cooperation.
(3) If the caretaker relative with whom the child lives fails to
((comply)) cooperate with the ((requirements in this section)) division
of child support, the department shall ((deny eligibility to that
relative and provide any)) reduce the assistance ((payment)) paid to the
((child is eligible for by protective payment as described under WAC 388-265-1350)) child's assistance unit by twenty-five percent of what the
assistance unit would otherwise be eligible to receive.
[Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), 388-215-1400, filed 5/3/94, effective 6/3/94. Formerly parts of WAC 388-24-108
and 388-24-109.]
REPEALER
The following section of the Washington Administrative Code is
repealed:
WAC 388-265-1350 Protective payment--AFDC clients sanctioned for failure or refusal to cooperate with the office of support enforcement.