WSR 97-15-032

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed July 9, 1997, 4:39 p.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-215-1570 Denial of assistance to persons convicted of drug-related felonies.

Purpose: To comply with the requirements of EHB 3901 (1997), which adds an exemption to the federal requirement that temporary assistance for needy families (TANF) be denied to persons convicted of drug-related felonies.

Statutory Authority for Adoption: RCW 74.08.090 and EHB 3901, section 101 (1997).

Statute Being Implemented: RCW 74.08.025(4) (1997).

Summary: EHB 3901 adds an exemption to the federal requirement that TANF be denied to persons convicted of drug-related felonies. Under state law, a person is exempt from this provision if the conviction was for possession or use of a controlled substance and the individual (1) was assessed as chemically dependent, (2) is participating in treatment, and (3) was not previously convicted of a drug-related felony within the past three years.

Reasons Supporting Proposal: To comply with state law.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kevin Sullivan, WorkFirst Division, (360) 413-3093.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-215-1570 Denial of assistance to persons convicted of drug-related felonies, it amends the existing rule by allowing an exemption to the TANF requirement that assistance be denied to individuals who have been convicted of a drug-related felony. A person is exempt if their conviction was for possession or use of a controlled substance and the individual (1) was assessed as chemically dependent, (2) is participating in treatment, and (3) was not previously convicted of a drug-related felony within three years of the current conviction.

Proposal Changes the Following Existing Rules: The current rule does not allow for any exemption. If an individual has been convicted of a drug-related felony since August 21, 1996, then they are not eligible for TANF.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change does not impact small businesses. It only affects applicants and recipients of temporary assistance for needy families.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Section 201 (RCW 34.05.328) does not apply to the Department of Social and Health Services.

Hearing Location: Lacey Government Center (behind Tokyo Bento restaurant), 1009 College Street S.E., Room 104A, Lacey, WA 98503, on August 26, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Leslie Baldwin, Rules Coordinator, by August 19, 1997, phone (360) 902-8317, or TTY (360) 902-8324.

Submit Written Comments to: Leslie Baldwin, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, e-mail lbaldwin@dshs.wa.gov, FAX (360) 902-8292, by August 26, 1997.

Date of Intended Adoption: No sooner than August 27, 1997.

July 9, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending WSR 97-08-034 and 97-10-040, filed 3/27/97 and 4/30/97, effective 8/1/97)

WAC 388-215-1570 Denial of assistance to persons convicted of drug-related felonies. (1) Except as provided in subsection (2) below, the department shall deny TANF benefits to an individual convicted after August ((22)) 21, 1996, under federal or state law, of any felony involving the possession, use or distribution of a controlled substance as defined in section 102(6) of the Controlled Substances Act by excluding the needs of that individual in determining the need and payment amount of the assistance unit.

(2) An individual who has been convicted of possession or use of a controlled substance is exempt from the provision of subsection (1) of this section if that individual:

(a) Was assessed as chemically dependent by a state-certified assessment agency; and

(b) Is participating in or completed a rehabilitation plan consisting of chemical dependency treatment and vocational services; and

(c) Was not previously convicted of a felony for possession or use of a controlled substance within three years of the latest conviction.

(3) Each applicant shall attest in writing whether the applicant or a person for whom the applicant is applying has been convicted of a felony as described in subsection (1) of this section.