WSR 04-14-042

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 29, 2004, 4:13 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-10-091.

Title of Rule and Other Identifying Information: WAC 388-442-0010 How being a felon impacts your eligibility for benefits.

Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA, on August 10, 2004, at 10:00 a.m.

Date of Intended Adoption: Not earlier than August 11, 2004.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., August 10, 2004.

Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by August 6, 2004, TTY (360) 664-6178 or (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending the rule to be consistent with eligibility requirements for persons convicted of a drug-related felony for the Basic Food program as directed by the legislature under ESB 6411, chapter 5, Laws of 2004; and amending the rule to update program language, and provide consistent eligibility criteria for persons convicted of a drug-related felony to implement federal and state requirements under temporary assistance for needy families (TANF) and state family assistance (SFA).

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

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, ESB 6411 (chapter 54, Laws of 2004).

Rule is necessary because of federal law, Title 7 of the Code of Federal Regulations, Part 273 - 273.11(m).

Name of Proponent: Department of Social and Health Services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Rebecca Henrie, 1009 College S.E., Lacey, WA 98504, (360) 413-3074.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses; it only affects DSHS clients.

A cost-benefit analysis is not required under RCW 34.05.328. These amendments are 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."

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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