WSR 97-16-045

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed July 31, 1997, 10:55 a.m., effective August 1, 1997]

Date of Adoption: July 28, 1997.

Purpose: Include as ineligible household members, persons who have a felony conviction involving possession, use, or distribution of controlled substance occurring after August 1, 1996, unless the person is convicted of drug use or possession and (a) was determined 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.

Citation of Existing Rules Affected by this Order: Amending WAC 388-49-190.

Statutory Authority for Adoption: RCW 74.04.510, Public Law 104-193 (1996), section 115, and EHB 3901 (1997), section 101 of 55th legislature.

Adopted under notice filed as WSR 97-13-088 on June 18, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 1, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 1, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: An earlier effective date is necessary to implement federal and state law.

Effective Date of Rule: August 1, 1997.

July 28, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending WSR 97-09-031, filed 4/10/97, effective 7/1/97)

WAC 388-49-190 Household concept. (1) The department shall consider the following as households:

(a) A person living alone;

(b) Persons living together and purchasing or preparing meals together; or

(c) A permanently disabled and elderly person unable to prepare meals provided the:

(i) Person's spouse shall be included in the household; and

(ii) Income of other individuals, except the person's spouse, living with the person does not exceed one hundred sixty-five percent of the poverty level.

(2) The department shall consider the following as households regardless of the purchase and prepare arrangements:

(a) Parents and their natural, adoptive, or stepchildren twenty-one years of age or younger.

(b) Person seventeen years of age or younger under parental control of an adult other than their parent, and the adult who is maintaining the control; or

(c) Spouses who live together.

(3) The department shall consider the following persons living with the household as nonhousehold members who, if otherwise eligible, may qualify as a separate household:

(a) Roomers;

(b) Live-in attendants; or

(c) Persons sharing living quarters with the household who purchase food and prepare meals separately from the household.

(4) The department shall consider the following persons living with the household as ineligible household members:

(a) Persons disqualified for intentional program violation;

(b) Persons disqualified because of noncompliance with work requirements as described under WAC 388-49-360;

(c) Persons who are ineligible aliens;

(d) Persons disqualified for failure to apply for or provide a Social Security number;

(e) Persons who fail to sign the application attesting to their citizenship or alien status;

(f) Fleeing felons; or

(g) Persons convicted of a felony ((with an element of)) involving possession, use, or distribution of a controlled substance occurring after August ((22)) 21, 1996 unless the person is convicted of use or possession of a controlled substance and:

(i) Was determined chemically dependent by a state-certified assessment agency; and

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

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

[Statutory Authority: RCW 74.04.510 and Public Law 104-193, Section 115 (1996). 97-09-031, 388-49-190, filed 4/10/97, effective 7/1/97. Statutory Authority: RCW 74.04.510, Public Law 104-193 and Sections 803 and 821 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 96-22-103, 388-49-190, filed 11/6/96, effective 12/7/96. Statutory Authority: RCW 74.04.050 and 74.04.510. 95-12-001 (Order 3854), 388-49-190, filed 5/24/95, effective 6/24/95. Statutory Authority: RCW 74.04.050, 74.04.510, P.L. 103-66, Administrative Notice 94-39 and 7 CFR 273.1(b). 95-06-027 (Order 3838), 388-49-190, filed 2/22/95, effective 4/1/95. Statutory Authority: RCW 74.04.050, P.L. 103-66 and USDA Food and Nutrition Service Administrative Notices 94-01, 94-02 and 94-03. 94-16-039 (Order 3762), 388-49-190, filed 7/27/94, effective 9/1/94. Statutory Authority: RCW 74.04.510. 91-10-098 (Order 3172), 388-49-190, filed 5/1/91, effective 6/1/91; 90-14-064 (Order 3033), 388-49-190, filed 6/29/90, effective 8/1/90; 89-07-001 (Order 2770), 388-49-190, filed 3/2/89. Statutory Authority: RCW 74.04.050. 88-16-081 (Order 2662), 388-49-190, filed 8/2/88; 88-02-031 (Order 2575), 388-49-190, filed 12/31/87.]

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