WSR 06-03-048

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed January 10, 2006, 4:27 p.m. , effective February 10, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The department is amending WAC 388-452-0010 What does the family violence amendment mean for TANF/SFA recipients?, in order to replace references to "family violence amendments" with the correct reference "family violence option," and to clarify other existing language.

Citation of Existing Rules Affected by this Order: Amending WAC 388-452-0010.

Statutory Authority for Adoption: RCW 74.04.050, 74.08.090, 74.08A.340.

Adopted under notice filed as WSR 05-23-108 on November 18, 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: January 6, 2006.

Andy Fernando, Manager

Rules and Policies Assistance Unit

3614.2
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-452-0010   What does the family violence ((amendment)) option mean for TANF/SFA recipients?   The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), ((also known as the Welfare Reform Act,)) gave every state the option to have ((a program)) procedures in place to address issues of family violence for recipients receiving temporary assistance for needy families (TANF) ((and)) or state family assistance (SFA) ((recipients)).

(1) For TANF/SFA, it is family violence 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 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 or 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) Under the family violence option DSHS ((shall)) must:

(a) Screen and identify TANF/SFA recipients for a history of family violence;

(b) Notify TANF/SFA recipients about the family violence ((amendment)) option both verbally and in writing;

(c) Maintain confidentiality as stated in RCW 74.04.060;

(d) Offer referral to social services or other resources for ((clients)) recipients who meet the criteria in subsection (1) of this section;

(e) Waive WorkFirst requirements ((that)) in cases where the requirements would make it more difficult to escape family violence, unfairly penalize victims of family violence((, would make it more difficult to escape family violence)) or place victims at further risk. Requirements to be waived 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 instances where participation in regular work activities would place the recipient at further risk of family violence.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-452-0010, filed 7/31/98, effective 9/1/98.]