WSR 04-21-028

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed October 13, 2004, 4:24 p.m. , effective December 1, 2004 ]


Purpose: Amending WAC 388-61-001 What does the family violence amendment mean for TANF recipients?, in order to simplify and clarify that this rule applies only to adults and emancipated minors.

Citation of Existing Rules Affected by this Order: Amending WAC 388-61-001.

Statutory Authority for Adoption: RCW 74.04.050 and 74.08.090.

Other Authority: RCW 74.08A.010.

Adopted under notice filed as WSR 04-16-105 on August 3, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: October 12, 2004.

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3420.1
AMENDATORY SECTION(Amending WSR 98-07-040, filed 3/12/98, effective 4/12/98)

WAC 388-61-001   ((What)) How does the Family Violence Amendment ((mean for TANF recipients)) affect me if I am getting TANF/SFA?   The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), also known as the Welfare Reform Act, ((gave)) allowed every state ((the option to have)) to create a program ((to address issues of)) addressing family violence for temporary assistance for needy families (TANF) recipients.

(1) For TANF((, it is))/State Funded Assistance (SFA), family violence is when a recipient, or family member or household member has been subjected by another family member or household member as defined in RCW 26.50.010(2) to ((one)) any of the following:

(a) Physical acts that resulted in, or threatened to result in, physical injury;

(b) Sexual abuse;

(c) Sexual activity involving a dependent child;

(d) Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;

(e) Threats of or attempts at, physical sexual abuse;

(f) Mental abuse;

(g) Neglect or deprivation of medical care; or

(h) Stalking.

(2) DSHS ((shall)) must:

(a) Screen and identify adults, minor teen parents, or emancipated teens getting TANF ((recipients))/SFA for a history of family violence;

(b) Notify ((TANF recipients)) in writing and verbally adults, minor teen parents, or emancipated teens getting TANF/SFA about the Family Violence Amendment ((both verbally and in writing));

(c) Maintain confidentiality as stated in RCW 74.04.060;

(d) Refer individuals needing counseling to supportive services;

(e) Waive WorkFirst requirements in cases where the requirements would make it more difficult to escape family violence, unfairly penalize victims of family violence or place victims at further risk of family violence. ((Requirements to be waived)) This may include:

(i) Time limits for TANF/SFA recipients, for as long as necessary (after fifty-two months of receiving TANF/SFA);

(ii) Cooperation with the division of child support.

(f) Develop specialized work activities for family violence clients ((meeting the definition of family violence in instances where)), as defined in subsection (1) of this section if participation in work activities would place the recipients at further risk of family violence.

[Statutory Authority: Public Law 104-193, Section 103, Subsection 408 (a)(7)(c)(iii), HB 3901, section 103(4), RCW 74.08A.010, 74.04.050 and 74.08.090. 98-07-040, 388-61-001, filed 3/12/98, effective 4/12/98. Statutory Authority: RCW 74.04.050, 74.08.090 and 74.04.057. 97-20-124, 388-61-001, filed 10/1/97, effective 11/1/97.]

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