WSR 01-03-121

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Assistance Programs)

[ Filed January 22, 2001, 4:17 p.m. , effective March 1, 2001 ]

Date of Adoption: January 22, 2001.

Purpose: Repeal WAC 388-400-0015 and amend the following WAC sections to eliminate the general assistance for children (GA-H) program and serve children living with guardians or custodians under the temporary assistance for needy families (TANF) program, WAC 388-408-0005, 388-408-0010, 388-408-0015, 388-408-0020, 388-408-0025, 388-408-0030, 388-400-0005, 388-404-0005, 388-454-0005, and 388-454-0010.

Citation of Existing Rules Affected by this Order: WAC 388-400-0015 General assistance for children -- Summary of eligibility requirements, 388-408-0005 Definition of assistance unit for cash assistance programs, 388-408-0010 Assistance units for general assistance, 388-408-0015 Assistance units for temporary assistance for needy families (TANF) or state family assistance (SFA), 388-408-0020 Who is excluded from TANF or SFA assistance units?, 388-408-0025 Optional TANF or SFA assistance unit members, 388-408-0030 Consolidation of TANF or SFA assistance units, 388-400-0005 Who is eligible for temporary assistance for needy families?, 388-404-0005 How does a child's age affect their eligibility for TANF, SFA or GA-H?, 388-454-0005 Living in the home of a relative or guardian requirement for TANF, SFA and GA-H, and 388-454-0010 Definition of a parent or other relative for TANF or SFA.

Repealing WAC 388-400-0015 General assistance for children -- Summary of eligibility requirements; and amending WAC 388-408-0005, 388-408-0010, 388-408-0015, 388-408-0020, 388-408-0025, 308-408-0030, 388-400-0005, 388-404-0005, 388-454-0005, and 388-454-0010.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, EHB 2487 as passed by the 56th legislature of the state of Washington.

Adopted under notice filed as WSR 00-24-037 on November 29, 2000.

Changes Other than Editing from Proposed to Adopted Version: The department made changes to WAC 388-400-0005, 388-408-0020, 388-405-0030, 388-454-0005, and 388-454-0010. The changes were made at the request of stakeholders to allow children who live with adults that are acting in loco parentis to receive TANF benefits. These changes were needed because the rules as proposed did not comply with RCW 74.12.330.

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 10, Repealed 1.

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 10, Repealed 1.

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 10, Repealed 1. Effective Date of Rule: March 1, 2001.

January 22, 2001

Bonita H. Jacques, Chief

Office of Legal Affairs

2889.3
AMENDATORY SECTION(Amending WSR 00-05-007, filed 2/4/00, effective 3/6/00)

WAC 388-404-0005   How does a child's age and attendance in school affect their eligibility for TANF((,)) and SFA(( or GA-H))?   (1) To be eligible for temporary assistance for needy families (TANF)((,)) or state family assistance (SFA) ((or general assistance for children (GA-H))), a child must be:

(a) Under age eighteen; or

(b) Under age nineteen, and participating full-time in a secondary ((education)) school program or the ((equivalent)) same level of vocational or technical training.

(i) "Participating" means the educational or training institution ((has determined)) finds that the child:

(A) Meets the ((child's)) school's attendance ((is satisfactory)) requirements; and

(B) ((The child)) Is making acceptable progress ((toward completing)) in finishing the program.

(ii) (("Full-time" attendance and course load requirements are defined by the educational or training institution)) The educational or training institution sets the definition of "full-time" attendance and the number of classes a child must take.

(iii) A secondary education includes high school, a GED program, and state-approved home schools.

(2) ((A)) If a child age eighteen or older has already met the requirements to finish the educational program, the child is no longer eligible for TANF or SFA.

(3) If the child ((who)) does not qualify for assistance under subsection (1) of this section, they may qualify for SFA if the child is under age twenty-one((,)) and:

(a) ((Receiving a special)) Gets an education due to their disability as ((specified)) stated in RCW 28A.155.020; or

(b) ((Participating)) Participates full-time in a secondary education program or ((the equivalent)) an equal level of vocational training as defined in (1)(b) above.

(((3) Children who receive SFA under WAC 388-404-0005 and who are nineteen years of age or older))

(4) If a child that gets SFA is age nineteen or over, they are not eligible for family medical or SFA-related medical.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.510. 00-05-007, 388-404-0005, filed 2/4/00, effective 3/6/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-404-0005, filed 7/31/98, effective 9/1/98.]

2887.4
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-408-0005   ((Definition of assistance unit for)) What is a cash assistance ((programs.)) unit?   ((A cash assistance unit is a person or group of persons who live together and whose income, resources, and needs are considered as a unit for the purpose of determining eligibility and the amount of the cash assistance payment)) (1) For all sections of this chapter:

(a) "We" means the department of social and health services.

(b) "You" means a person that is applying for or getting benefits from the department.

(c) "Assistance unit" or "AU" is the group of people who live together and whose income or resources we count to decide your eligibility for benefits and the amount of benefits you get.

(2) For GA-U, we decide who is in the AU under WAC 388-480-0010.

(3) For TANF or SFA, we decide who is in the AU by taking the following steps:

(a) We start with who must be in the AU under WAC 388-408-0015;

(b) We add those you choose to have in the AU under WAC 388-408-0025; and

(c) We remove those who are not allowed in the AU under WAC 388-408-0020.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-408-0005, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 99-14-045, filed 6/30/99, effective 8/1/99)

WAC 388-408-0010   Who is in my assistance unit((s)) for general assistance ((programs.))?   (1) If you are an adult that is incapacitated as defined in WAC 388-448-0001, you can be in a GA-U ((assistance unit includes:

(a) An incapacitated adult; or

(b) A married couple if both persons are incapacitated and living together.

(2) A GA-H assistance unit includes only the child or children eligible for GA-H (see WAC 388-400-0015))) AU;

(2) If you are married and live with your spouse, we decide who to include in the AU based on who is incapacitated:

(a) If you are both incapacitated as defined in WAC 388-448-0001, we include both of you in the same AU.

(b) If only one spouse is incapacitated, we include only the incapacitated spouse in the AU. We count some of the income of the spouse that is not in the AU as income to the AU under WAC 388-450-0135.

[Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 99-14-045, 388-408-0010, filed 6/30/99, effective 8/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-408-0010, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 99-14-045, filed 6/30/99, effective 8/1/99)

WAC 388-408-0015   Who must be in my assistance unit((s)) for temporary assistance for needy families (TANF) or state family assistance (SFA)((.))?   ((The department must include in a TANF or SFA assistance unit certain persons who are living together, unless those person(s) must be excluded under WAC 388-408-0020 or are excluded at the option of the family under WAC 388-408-0025. An assistance unit for TANF or SFA benefits or combination of TANF and SFA benefits must include the following)) If you live with any of the following people, we must include them in your TANF, SFA, or combination TANF/SFA AU:

(1) The child you are applying for ((whom assistance is requested)) and:

(a) ((That)) The child's full, half or adoptive sibling(s);

(b) The child's natural or adoptive parent(s) or stepparent(s); and

(c) ((The parent(s) of)) If you are a pregnant ((or parenting)) minor or minor who ((claims to be in need and is providing the primary care for the)) is a parent and you live with your parent(s), we include your parent(s) if they:

(i) ((Pregnant minor;

(ii) Minor parent;

(iii) Minor parent's child; or

(iv) Full, half or adoptive sibling(s) of a pregnant or parenting minor)) Need assistance; and

(ii) Provide the primary care for you, your child, or your siblings. We count full, half, or adoptive siblings as your sibling.

(2) ((A pregnant woman if there is no TANF or SFA eligible child in the home)) If you are pregnant and you do not have a dependent child living with you, we include only you in the AU.

[Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 99-14-045, 388-408-0015, filed 6/30/99, effective 8/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-408-0015, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 00-05-007, filed 2/4/00, effective 3/6/00)

WAC 388-408-0020   ((Who is excluded from)) When am I not allowed to be in a TANF ((and)) or SFA assistance unit((s))?   Some people cannot be in an AU for TANF or SFA. This section describes who cannot be in your TANF or SFA AU and how this will affect your benefits.

(1) ((For the purpose of this section, "excluded" means that you will not be included when the department counts the number of people in the assistance unit to determine the payment standard for that assistance unit.

(2) This section describes the reasons why the department may exclude you from the TANF or SFA assistance unit.

(a) The department cannot exclude you from TANF or SFA assistance unit if the only reason you want to be excluded is that your income or resources make the assistance unit ineligible or reduces the amount of assistance it can receive.

(b) If the department excludes you from the TANF or SFA assistance unit, we will not count your income unless you are financially responsible for a member of the assistance unit. The rules for determining who is financially responsible and how the department counts their income and resources are WAC 388-450-0095 through 388-450-0130.

(3) The department will exclude you from an assistance unit if you are:

(a) An adopted child who:

(i) Receives federal, state or local adoption assistance; and

(ii) Including you in the assistance unit would reduce the assistance unit's grant due to budgeting the adoption assistance income.

(b) A minor parent or child who has been placed in Title IV-E, state, or locally funded foster care except for temporary absences allowed for under WAC 388-454-0015;

(c) An adult parent in a two-parent household when:

(i) The other parent is unmarried and under the age of eighteen; and

(ii) The department determines the living arrangement is not appropriate under WAC 388-486-0005.

(d) A recipient of SSI benefits.

(e) Not included in the assistance unit at the option of your family as allowed under WAC 388-450-0025; or

(f) Ineligible for TANF or SFA because you do not meet an eligibility requirement that is not related to your ownership of income or resources:

(i) Eligibility requirements for TANF are listed in WAC 388-400-0005.

(ii) Eligibility requirements for SFA are listed in WAC 388-400-0010)) We do not include the following people in your TANF or SFA AU:

(a) An adopted child if:

(i) The child gets federal, state, or local adoption assistance; and

(ii) Including the child in the AU and counting the adoption assistance income would reduce your AU's benefits.

(b) A minor parent or child who has been placed in Title IV-E, state, or locally-funded foster care unless the placement is a temporary absence under WAC 388-454-0015;

(c) An adult parent in a two-parent household when:

(i) The other parent is unmarried and under the age of eighteen; and

(ii) We decide that your living arrangement is not appropriate under WAC 388-486-0005.

(d) A court-ordered guardian, court-ordered custodian, or other adult acting in loco parentis (in the place of a parent) if they are not a relative of one of the children in the AU as defined under WAC 388-454-0010; or

(e) Someone who gets SSI benefits.

(2) If someone that lives with you cannot be in the AU:

(a) We do not count them as a member of the AU when we determine the AU's payment standard; and

(b) We do not count their income unless they are financially responsible for a member of the AU under WAC 388-450-0095 through 388-450-0130.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.510. 00-05-007, 388-408-0020, filed 2/4/00, effective 3/6/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-408-0020, filed 7/31/98, effective 9/1/98.]


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

WAC 388-408-0025   ((Optional)) When can I choose who is in my TANF ((and)) or SFA assistance unit ((members.))?   ((Unless excluded under WAC 388-408-0020, the following persons, if otherwise eligible, may be included in a TANF or SFA assistance unit at the option of the caretaker relative:

(1) One nonparental caretaker relative as defined in WAC 388-454-0010 if a parent of a child in the assistance unit does not reside in the home;

(2) The step siblings of a child included in the assistance unit;

(3) Children who are not siblings of a child included in the assistance unit;

(4) The siblings of a child receiving SSI;

(5) Any parent of a child receiving SSI;

(6) One nonparental relative of specified degree of a child receiving SSI if the child's parent or parents are not living in the home;

(7) One nonparental relative of specified degree of a child in the home receiving foster care; and

(8) For recipient assistance units, the child of unmarried parents when the child is living with both parents)) If you are a child's caretaker relative (a relative who cares for the child's basic needs), use the table below to find who you may choose to include or exclude in your TANF or SFA AU. If you include a child in your AU, it could cause you to get more or less benefits. If someone is not allowed in the AU under WAC 388-408-0020, you cannot choose to include them in your TANF or SFA AU.


(1) If you are the parent of the child, you may choose whether or not to include: (a) Yourself in the AU if the child gets SSI; and

(b) The child in the AU if:

(i) You already receive TANF or SFA;

(ii) You are not married to the child's other parent; and

(iii) The child lives with both parents.

(2) If you are not the child's parent, and do not live with the parents of the child, you may choose to include either: (a) Yourself if you are a relative defined in WAC 388-454-0010; or

(b) Someone else that cares for the child and is a relative defined in WAC 388-454-0010.

(3) You may choose whether or not to include any of the following children: (a) Brothers or sisters of a child who gets SSI;

(b) Stepsisters and stepbrothers of a child; and

(c) Other children that are not the child's brother or sister.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-408-0025, filed 7/31/98, effective 9/1/98.]


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

WAC 388-408-0030   ((Consolidation of)) What children must be in the same TANF ((and)) or SFA assistance unit((s.))?    (((1) All children included as mandatory or optional members and who live with the same caretaker relative or relative married couple must be included in a single assistance unit.

(2) Children do not have to be full, half, or adopted brothers or sisters to be included in the same assistance unit.

(3) When a change of circumstances occurs which makes one or more assistance unit members ineligible for cash assistance, assistance is continued for all assistance unit members who remain eligible)) A child who applies for or gets TANF or SFA must be in the same AU as other children who get TANF or SFA and live with the same:

(1) Caretaker relative;

(2) Court-ordered guardian or court-ordered custodian; or

(3) Adult acting in loco parentis.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-408-0030, filed 7/31/98, effective 9/1/98.]

2888.3
AMENDATORY SECTION(Amending WSR 00-05-007, filed 2/4/00, effective 3/6/00)

WAC 388-400-0005   Who is eligible for temporary assistance for needy families?   (1) You can get temporary assistance for needy families (TANF), if you:

(a) Can be ((included)) in a TANF/SFA assistance unit as ((defined in)) allowed under WAC 388-408-0015 through 388-408-0030;

(b) Meet the citizenship/alien status requirements of WAC 388-424-0005;

(c) ((Reside)) Live in the state of Washington((, or, if you are)). A child((,)) must live with a caretaker relative, guardian, or custodian who meets the state residency requirements of WAC 388-468-0005;

(d) ((Are in financial need as specified under chapters 388-450, 388-470 and 388-488 WAC;

(e) Assign your rights to child support and cooperate in establishing paternity and collecting child support as required under WAC 388-422-0005 through 388-422-0030;

(f) Provide)) Do not live in a public institution unless specifically allowed under RCW 74.08.025;

(e) Meet TANF/SFA:

(i) Income requirements under chapter 388-450 WAC;

(ii) Resource requirements under chapter 388-470 WAC; and

(iii) Transfer of property requirements under chapter 388-488 WAC.

(f) Assign your rights to child support as required under WAC 388-422-0005;

(g) Cooperate with the division of child support (DCS) as required under WAC 388-422-0010 by helping them:

(i) Prove who is the father of children applying for or getting TANF or SFA; and

(ii) Collect child support.

(h) Tell us your Social Security number as required under WAC 388-476-0005;

(((g))) (i) Cooperate in a review of your eligibility as required under WAC 388-434-0005;

(((h))) (j) Cooperate in a quality assurance review as required under WAC 388-464-0001;

(((i))) (k) Participate in the WorkFirst program as required under chapter 388-310 WAC; and

(((j))) (l) Report changes of circumstances as required under WAC 388-418-0005((;

(k) Meet the requirements of WAC 388-462-0010, if you are pregnant; and

(l) Meet the living arrangement and school attendance requirements of WAC 388-486-0005 and 388-486-0010, if you are an unmarried pregnant and parenting teen)).

(2) If you are an adult and do not have a child living with you, you must be pregnant and meet the requirements of WAC 388-462-0010.

(3) If you are an unmarried pregnant teen or teen parent:

(a) Your living arrangements must meet the requirements of WAC 388-486-0005; and

(b) You must attend school as required under WAC 388-486-0010.

(4) In addition to rules listed in subsection (1) of this section, a child must meet the following rules to get TANF:

(a) Meet the age requirements under WAC 388-404-0005; and

(b) Live in the home of a relative, court-ordered guardian, court-ordered custodian, or other adult acting in loco parentis as required under WAC 388-454-0005; or

(c) If ((living)) the child lives with a parent((, that parent cannot have exhausted)) or other adult relative that provides care for the child, that adult cannot have used up their sixty-month lifetime limit of TANF or SFA cash benefits as defined in WAC 388-484-0005.

(((3))) (5) You cannot get TANF if you have been:

(a) Convicted of certain felonies and other crimes ((as specified in)) under WAC 388-442-0010; ((and)) or

(b) Convicted of unlawful practices ((in obtaining)) to get public assistance ((as specified in)) under WAC 388-446-0005 ((and)) or 388-446-0010.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.510. 00-05-007, 388-400-0005, filed 2/4/00, effective 3/6/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-400-0005, filed 7/31/98, effective 9/1/98.]

2890.3
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-454-0005   ((Living in the home of a relative or guardian requirement for)) Can I get TANF((,)) or SFA ((and GA-H.)) benefits for the child living with me?   (1) ((To be eligible for)) You can get temporary assistance for needy families (TANF) or state family assistance (SFA((, a child must live in the home of a parent or other relative as defined in WAC 388-454-0010)) ) for a child you live with if you are responsible for the care and control of the child and you are the child's:

(a) Parent or other relative as defined in WAC 388-454-0010;

(b) Court-ordered guardian or court-ordered custodian; or

(c) Other adult acting in loco parentis (in the place of a parent).

(2) ((To be eligible for GA-H, a child must be living in the home of a person who is:

(a) A court-appointed legal guardian or court-appointed custodian; and

(b) Not a relative as defined in the TANF program)) If a child lives with more than one relative or parent because the relatives share custody of the child:

(a) We include the child in the assistance unit (AU) of the parent or relative that the child lives with for the majority of the time; or

(b) If relatives share physical custody of the child in equal amounts, we include the child in the AU of the parent or relative that first applies for assistance for the child.

(3) ((A home is defined as a family setting that is being maintained or is in the process of being established. A family setting exists when the relative or guardian assumes and continues to be responsible for the day to day care and control of the child. A family setting exists when a family is living in temporary shelter or has no shelter.

(4) A child or caretaker temporarily absent from the home remains eligible for assistance under the conditions described in WAC 388-454-0015 and 388-454-0020)) If you or the child in your AU is temporarily absent from the home according to WAC 388-454-0015 and 388-454-0020, you can still get TANF or SFA during the absence.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-454-0005, filed 7/31/98, effective 9/1/98.]


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

WAC 388-454-0010   ((Definition of a parent or other relative for)) Do I have to be related to a child in order to get TANF ((and)) or SFA((.)) for the child?   ((To be eligible for TANF or SFA, a child must be living with a person who meets the following definition of a parent or relative.

(1) A child's parent is the child's natural or adoptive parent or a step-parent who is legally obligated to support the child.

(2) A man is condsidered to be)) To get TANF or SFA, a child must live with a parent, other relative, court-ordered guardian, court-ordered custodian, or other adult acting in loco parentis.

(1) We consider the following people as parents for TANF and SFA:

(a) The child's natural or adoptive parent; or

(b) A stepparent who is legally obligated to support the child.

(2) We consider a man as a child's natural father if the relationship is:

(a) ((Established)) Made under a judgment or order ((determining the parent and child relationship entered)) under RCW 26.26.130 that set the relationship between the parent and child; or

(b) Presumed under the Uniform Parentage Act (RCW 26.26.040).

(3) ((Nonparental relatives include)) When a child lives with a relative, the relative must be one of the following relationships to the child in order for that child to be eligible for TANF or SFA:

(a) The following blood relatives (including ((those)) relatives of half blood) or their spouses: siblings, first cousins (including first cousins once removed), nephews and nieces, and persons of ((preceding)) earlier generations (including aunts, uncles and grandparents) as ((denoted)) shown by the prefixes of great, great-great, or great-great-great;

(b) A natural parent whose parental rights ((have been)) were terminated by a court order;

(c) A stepparent ((whose obligation)) who no longer has to support the child ((has been terminated by the death of)) because:

(i) The child's natural or adoptive parent ((or the entry of a court order; and)) died; or

(ii) Divorce or dissolution ended the marriage between the stepparent and the child's natural or adoptive parent.

(d) A step sibling even ((though)) if the marriage ((of)) between the step sibling's parent ((to)) and the child's natural or adoptive parent ((is terminated)) ended by death, divorce or dissolution.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-454-0010, filed 7/31/98, effective 9/1/98.]

2859.1
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-400-0015 General assistance for children--Summary of eligibility requirements.

Washington State Code Reviser's Office