Purpose: This new rule sets eligibility and performance standards for a new legislatively mandated program for certain temporary assistance to needy families (TANF) and state family assistance (SFA) participants. Implements the WorkFirst community jobs program as required by EHB 3901, 1997 session.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.050.

Other Authority: RCW 74.08A.320.

Adopted under notice filed as WSR 97-23-085 on November 19, 1997 and WSR 98-07-042 on March 12, 1998.

Changes Other than Editing from Proposed to Adopted Version: (1) WAC 388-310-1300(3) moved to WAC 388-218-1390 (1)(a); (2) clarifying language has been added to WAC 388-310-1300(7) for the treatment of income for food stamp purposes; (3) clarifying language has been added to WAC 388-310-1300(9) to avoid issues with Fair Labor Standards Act (FLSA); (4) clarifying language regarding the expectations of the program has been added to WAC 388-130-1300(10); (5) language in WAC 388-310-1300(11) has been changed to show the grant amount is determined by the new language in new WAC 388-218-1390(2).

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 1, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

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

April 30, 1998

Edith M. Rice, Chief

Office of Legal Affairs

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 (CJC) by using a competitive "requests for proposal" (RFP) process. DCTED, based upon the successful proposals, develops contracts specific to each selected community jobs contractor.

(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;

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

(c) The participant's monthly cash grant is sufficient to pay their community jobs wages for twenty hours per week at the federal minimum wage.

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

(3) The CJCs 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) CJCs 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. For the food stamp program, consider these wages and any grant supplement as TANF grant monies.

(8) The department shall review the appropriateness for continued participation in a community jobs position every ninety days during the nine-month placement. This review shall include:

(a) A review of any earned or unearned income received by the participant or other member of the assistance unit; and

(b) A review of continued TANF/SFA eligibility.

(9) Community jobs participants work an average of twenty hours per week at a gross wage of four hundred forty-two dollars and ninety cents per month, which is at least equal to the federal minimum wage. 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 net wages earned in a community jobs position exceed the participant's authorized TANF/SFA monthly grant amount.

(10) 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 is expected to make up the missed time; total work is not to exceed forty hours per week. There is no cash-out value to the participant for accrued sick and vacation leave hours remaining at the end of the community jobs assignment.

(11) The amount of the CJ participant's TANF/SFA monthly grant shall be determined as stated in WAC 388-218-1390(2).

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

(13) 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; and

(b) Private and tribal nonprofit businesses, charities, and educational institutions.

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