WSR 98-14-086

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed June 30, 1998, 2:42 p.m., effective July 1, 1998]



Date of Adoption: June 30, 1998.

Purpose: To ensure that persons who are fleeing prosecution or confinement related to a felony or attempted felony or who have violated a condition of parole or probation do not receive benefits under the state's general assistance programs.

Citation of Existing Rules Affected by this Order: Amending WAC 388-230-0060, 388-233-0035, and 388-235-0030.

Statutory Authority for Adoption: RCW 74.08.090.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Implementing new state law RCW 74.04.005 (6)(h) signed by the governor on May 12, 1998, and taking effect on June 12, 1998, that denies benefits under the state's general assistance program to fugitive felons or probation or parole violators.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 1, amended 2, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 1, amended 2, repealed 0.

Effective Date of Rule: July 1, 1998.

June 30, 1998

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

SHS-2445:1

AMENDATORY SECTION (Amending WSR 97-20-128, filed 10/1/97, effective 11/1/97)



WAC 388-230-0060  Eligibility conditions--Program criteria. ((For)) The GA-S((,)) program uses the ((department shall apply the)) temporary assistance for needy families (TANF) program ((criteria applicable to)) rules about:

(1) Citizenship or alien status;

(2) Social Security number;

(3) Residency; and

(4) Minor teen living arrangements, as defined by the TANF program; and

(5) Effective July 1, through August 31, 1998, fugitive felons and probation and parole violators.



[Statutory Authority: RCW 74.08.090 and 74.04.0052. 97-20-128, § 388-230-0060, filed 10/1/97, effective 11/1/97. Statutory Authority: RCW 74.08.090. 93-16-059 (Order 3556), § 388-230-0060, filed 7/29/93, effective 8/29/93.]

SHS-2440:1

NEW SECTION



WAC 388-233-0035  Fugitive felons and probation and parole violators. From July 1, through August 31, 1998, a child is not eligible for general assistance who is a fugitive felon or probation and parole violator as defined in WAC 388-215-1550.



[]

SHS-shs-2443:1

AMENDATORY SECTION (Amending WSR 93-16-058, filed 7/29/93, effective 8/29/93)



WAC 388-235-0030  Summary of eligibility conditions. The department shall authorize GAU to a client who:

(1) Meets categorical requirements as follows:

(a) Be incapacitated as provided under WAC 388-235-5000 through 388-235-6000;

(b) Meet age limitations as specified under WAC 388-235-0050;

(c) Be a resident of the state of Washington as provided under WAC 388-235-0060 through 388-235-0090;

(d) Be a citizen or alien as provided under WAC 388-235-0100;

(e) Furnish a social security number as provided under WAC 388-235-0110.

(2) Meets financial eligibility requirements as specified under WAC 388-235-2000 through 388-235-4000;

(3) Undergoes a treatment and referral assessment as provided under WAC 388-235-7000 through 388-235-7600;

(4) Assigns interim assistance as provided under WAC 388-235-9200 and 388-235-9300;

(5) Is not eligible for or receiving benefits from other programs as specified under WAC 388-235-9000; ((and))

(6) Meets requirements, if living in an institution, as required under WAC 388-235-1500; and

(7) From July 1, through August 31, 1998, is not a fugitive felon or probation or parole violator as defined in WAC 388-215-1550.



[Statutory Authority: RCW 74.08.090. 93-16-058 (Order 3559), § 388-235-0030, filed 7/29/93, effective 8/29/93.]

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