WSR 04-14-041

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 29, 2004, 4:12 p.m. , effective July 1, 2004 ]


Purpose: Amend WAC 388-442-0010 How being a felon impacts your eligibility for benefits, to clarify the requirements for eligibility for persons with certain felon status, and to amend the rule to be consistent with eligibility requirements for persons convicted of a drug-related felony as directed by the legislature under ESB 6411 chapter 54, Laws of [2004].

Citation of Existing Rules Affected by this Order: Amending WAC 388-442-0010.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.

Other Authority: ESB 6411 (chapter 54, Laws of 2004).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Without the emergency rules DSHS clients would not receive the correct food assistance benefits they are eligible to receive under ESB 6411. The proposed rule is also being filed, and the public hearing is scheduled for August 10, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: June 29, 2004.

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3358.5
AMENDATORY SECTION(Amending WSR 00-05-007, filed 2/4/00, effective 3/6/00)

WAC 388-442-0010   How does being a fleeing felon ((impacts your)) or having a conviction for a drug-related felony impact my eligibility for benefits((.))?   (1) You are ((not eligible for TANF/SFA, GA and/or food assistance)) a fleeing felon if you are((:

(a))) fleeing to avoid prosecution, custody, or confinement ((after conviction of)) for a crime((,)) or an attempt to commit a crime ((which)) that is considered a felony in the place from which you are fleeing((; or

(b) Violating a condition of probation or parole as determined by an administrative body or court that has the authority to make this decision)).

(2) If you are a fleeing felon, or violating a condition of probation or parole as determined by an administrative body or court that has the authority to make this decision, you are not eligible for TANF/SFA ((and/or food assistance)), GA, or Basic Food benefits.

(3) You are a drug-related felon if you were convicted of a felony committed after August 21, 1996 ((involving)) that has an element of possession, use((,)) or distribution of ((an illegal drug, unless you:

(a) Were convicted only of possession or use of an illegal drug; and

(b) Were not convicted of a felony for illegal drugs within three years of the latest conviction; and

(c) Were assessed as chemically dependent by a program certified by the division of alcohol and substance abuse (DASA); and

(d) Are taking part in or have completed a rehabilitation plan consisting of chemical dependency treatment and job services.

(3))) a controlled substance as defined in Title 21 of the U.S. Code, Section 802(6). When we determine you are a drug-related felon:

(a) If you were convicted in the state of Washington, we use the Felony Offender Reporting System (FORS) to verify the date of your conviction and to determine if your conviction is for a drug-related felony.

(b) If you were convicted of a felony outside of Washington, we contact the jurisdiction where you were convicted to verify the date of your conviction and determine if the conviction is for a drug-related felony.

(c) We consider a felony conviction for attempt or conspiracy to possess, use or distribute a controlled substance as a conviction for a drug-related felony.

(4) If you are a drug-related felon, you are not eligible for TANF/SFA (cash) benefits unless you meet the conditions under subsection (5) of this section.

(5) If you are a drug-related felon, you may be eligible for TANF/SFA benefits if you meet all of the following conditions:

(a) You were convicted only of possession or use, but not distribution of a controlled substance;

(b) You were not convicted of a felony involving a controlled substance within the three-year period before your most recent conviction;

(c) You were assessed as chemically dependent by a program certified by the Division of Alcohol and Substance Abuse (DASA); and

(d) You are taking part in or have completed a DASA certified program's rehabilitation plan consisting of chemical dependency treatment and job services.

(6) If you are pregnant, but cannot get TANF/SFA because you were convicted of a drug-related felony, you can get SFA while you are pregnant if you meet all other TANF/SFA eligibility criteria under WAC 388-400-0005 or 388-400-0010.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.510. 00-05-007, 388-442-0010, filed 2/4/00, effective 3/6/00. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, 388-442-0010, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-442-0010, filed 7/31/98, effective 9/1/98.]

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