WSR 97-23-085

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed November 19, 1997, 11:20 a.m.]

Original Notice.

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

Title of Rule: WAC 388-310-1300 Community jobs wage subsidy program.

Purpose: This new rule sets eligibility and performance standards for a new legislatively mandated program for certain temporary assistance for needy families (TANF) participants.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.050.

Statute Being Implemented: RCW 74.08A.320.

Summary: The community jobs wage subsidy program allows participants to get job skills and work experience they need to move into unsubsidized work. While in the program, participants receive a paycheck from the employer that is subsidized with the funds that would otherwise be given to them as a TANF grant.

Reasons Supporting Proposal: Expresses intent of federal and state welfare reform legislation.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Linda Alvarado, Lacey Government Center, Olympia, WA 98506-45855, (360) 413-3244.

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: This new rule sets eligibility and performance standards for a new legislatively mandated program for certain temporary assistance for needy families (TANF) participants. The community jobs wage subsidy program allows participants to get job skills and work experience they need to move into unsubsidized work. While in the program, participants receive a paycheck from the employer that is subsidized with the funds that would otherwise be given to them as a TANF grant.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule concerns only client eligibility.

RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 (5)(b)(vii) exempts the Department of Social and Health Services rules that apply to client medical or financial eligibility.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on December 23, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by December 12, 1997, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.

Submit Written Comments to and Identify WAC Numbers: Paige Wall, Acting Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by December 23, 1997.

Date of Intended Adoption: No sooner than December 24, 1997.

November 19, 1997

Philip A. Wozniak

for Jerry Friedman

Assistant Secretary

Economic Services Administration

NEW SECTION

WAC 388-310-1300 Community jobs wage subsidy program. The community jobs wage subsidy program is to allow participants to gain skills and experience in a temporary position which helps them move into unsubsidized employment as quickly as possible. In all instances, the term 'department' refers to the department of social and health services (DSHS). The state department of community, trade and economic development (DCTED) administers the community jobs program. DCTED selects community jobs contractors by using a competitive "requests for proposal" (RFP) process. DCTED, based upon the successful proposals, develops contracts specific to each selected community jobs contracts (CJC).

(1) WorkFirst case managers may assign a TANF/SFA participant to a community jobs (CJ) position when:

(a) The participant has an unsuccessful job search; and

(b) The case manager determines the participant needs a supportive work environment to help them become more employable.

(2) The department uses a participant's grant to provide a wage subsidy to the community jobs contractor (CJC).

(3) The CJC's develop and manage the CJ positions, pay the wages and provide support services.

(4) Once hired, the department will authorize the participant's wage subsidy for no longer than nine TANF/SFA payment months in that specific position.

(5) While in a subsidized job, CJC's may not hire participants into a community jobs position to do work related to religious, electoral or partisan political activities.

(6) Community jobs participants are employees of the community jobs contractor(s).

(7) Wages from the community jobs wage subsidy program are fully attributable to diverted public assistance funds. These wages are not "earned income" for purposes of eligibility for the WorkFirst fifty percent-earned income disregard, nor for determining income eligibility for food stamps.

(8) Community jobs participants work an average of twenty hours per week at a wage at least equal to the state or federal minimum wage, whichever is higher. CJ participants are eligible for a twenty percent "work expense" income disregard applied to their gross pay for DSHS purposes when determining TANF/SFA residual grant amounts. In no instance may the wages earned in a community jobs position exceed the participant's authorized TANF/SFA monthly grant amount.

(9) Community jobs participants earn sick leave and annual leave according to the rates designated for part-time employment by their employer - community jobs contractor. If the employer has no guidelines, participants earn sick leave at a rate of four hours each month and vacation leave at a rate of four hours each month. If they exhaust all leave and miss work time, a community jobs participant may make up the missed time. One way to make up missed time is to work extra hours, not to exceed forty hours per week, during the same pay period. There is no cash-out value to the participant for accrued sick and annual leave hours remaining at the end of the community jobs assignment.

(10) If the CJ participant earns less than the amount of the authorized TANF/SFA grant, DSHS sends the participant a supplemental payment. A CJ participant's monthly wages and supplemental payment will equal the participant's authorized TANF/SFA grant amount.

(11) Only those employers who take actions that enable a participant to move into other unsubsidized employment will be considered for additional subsidized employees.

(12) The following categories of employers will be considered for employment sites for participants in the community jobs wage subsidy program:

(a) Federal, state or local governmental agencies, and tribal governments;

(b) Private nonprofit businesses, charities, and educational institutions; and

(c) Businesses operated by tribal organizations.

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