WSR 16-01-120
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed December 18, 2015, 8:57 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-22-072.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-466-0150 Refugee employment and training services.
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), on January 26, 2016, at 10:00 a.m.
Date of Intended Adoption: Not earlier than January 27, 2016.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., January 26, 2016.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant by January 12, 2015 [2016], phone (360) 664-6092, TTY (360) 664-6178, or e-mail KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule change amends language to allow more exemption criteria for refugee employment and training requirements.
Reasons Supporting Proposal: The department is proposing to amend this rule to create new exemption criteria for refugee employment and training requirements.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.08.090.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jennie Fitzpatrick, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4648.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the proposed rule and concluded that no new costs will be imposed on small businesses affected by them. The preparation of a comprehensive small business economic impact statement is not required under RCW 19.85.030.
A cost-benefit analysis is not required under RCW 34.05.328. This amendment is exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "[t]his section does not apply to … rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."
December 15, 2015
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-18-004, filed 8/22/13, effective 10/1/13)
WAC 388-466-0150 Refugee employment and training services.
(1) What are refugee employment and training services?
Refugee employment and training services provided to eligible refugees may include information and referral, employment oriented case management, job development, job placement, job retention, wage progression, skills training, on-the-job training, counseling and orientation, English as a second language, and vocational English training.
(2) Am I required to participate in refugee employment and training services?
If you are receiving refugee cash assistance (RCA) you are required to participate in refugee employment and training services, unless you are exempt.
(3) How do I know if I am exempt from mandatory employment and training requirements?
(((a))) You may be exempt from participation in employment and training requirements if you are:
(a) An adult with a severe and chronic disability as defined below:
(i) ((You are needed in the home to personally provide care for your child under three months of age (see WAC 388-310-0300);)) You have been assessed by a DSHS SSI facilitator as likely to be approved for SSI and are required to apply for SSI. Your SSI application status may be verified through the SSI facilitator and/or state data exchange; or
(ii) Your disability is a severe and chronic mental, physical, emotional, or cognitive impairment that prevents you from working and is expected to last at least twelve months. Your disability must be verified by documentation from a behavioral health organization (BHO), and/or regional service area (RSA), or evidence from another medical or mental health professional; or
(b) Required to be in the home to care for another adult with disabilities when:
(i) The adult with disabilities cannot be left alone for significant periods of time;
(ii) No adult other than yourself is available and able to provide the care;
(iii) The adult with the disability is related to you;
(iv) You are unable to participate in work activities because you are required to be in the home to provide care; and
(v) The disability and your need to care for your disabled adult relative is verified by documentation from the developmental disabilities administration (DDA), division of vocational rehabilitation (DVR), home and community services (HCS), division of behavioral health and recovery (DBHR), and/or a behavioral health organization (BHO), and/or regional service area (RSA), or evidence from another medical or mental health professional.
(((ii) You are)) (c) Sixty years of age or older.
(((b) You can not be exempt from work and training requirements solely because of an inability to communicate in English))
(d) Unable to participate in work activities because you are the victim of family violence.
(4) If I am required to participate, what do I have to do?
You are required to:
(a) Register with your employment service provider;
(b) Accept and participate in all employment opportunities, training or referrals, determined appropriate by the department.
(5) What happens if I do not follow these requirements?
If you refuse without good reason to cooperate with the requirements, you are subject to the following penalties:
(a) If you are applying for refugee cash assistance, you will be ineligible for thirty days from the date of your refusal to accept work or training opportunity; or
(b) If you are already receiving refugee cash assistance, your cash benefits will be subject to financial penalties.
(c) The department will notify your voluntary agency (VOLAG) if financial penalties take place.
(6) What are the penalties to my grant?
The penalties to your grant are:
(a) If the assistance unit includes other individuals as well as yourself, the cash grant is reduced by the sanctioned refugee's amount for three months after the first occurrence. For the second occurrence the financial penalty continues for the remainder of the sanctioned refugee's eight-month eligibility period.
(b) If you are the only person in the assistance unit your cash grant is terminated for three months after the first occurrence. For the second occurrence, your grant is terminated for the remainder of your eight-month eligibility period.
(7) How can I avoid the penalties?
You can avoid the penalties, if you accept employment or training before the last day of the month in which your cash grant is closed.
(8) What is considered a good reason for not being able to follow the requirements?
You have a good reason for not following the requirements if it was not possible for you to stay on the job or to follow through on a required activity due to an event outside of your control. See WAC 388-310-1600(3) for examples.