WSR 04-17-115

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed August 17, 2004, 1:48 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-19-032.

Title of Rule and Other Identifying Information: WAC 388-408-0025 When can I choose who is in my TANF or SFA assistance unit?

Hearing Location(s): Office Building 2 Auditorium (DSHS Headquarters), 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson), on September 21, 2004, at 10:00 a.m.

Date of Intended Adoption: Not earlier than September 22, 2004.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., September 21, 2004.

Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by September 17, 2004, TTY (360) 664-6178 or (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amended rule is to clarify that the child's caretaker relative may choose to include the child only in the grant when the caretaker relative is not the child's parent and does not live with the child's parents.

Reasons Supporting Proposal: This change will clarify the WAC for the public, clients, and DSHS staff.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, 74.04.055, 74.04.057.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 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: Patti Clark, 1009 College S.E., Lacey, WA 98504, (360) 725-4613.

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."

August 9, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3449.1
AMENDATORY SECTION(Amending WSR 01-03-121, filed 1/22/01, effective 3/1/01)

WAC 388-408-0025   When can I choose who is in my TANF or SFA assistance unit?   If you are a child's parent or other caretaker relative (a relative who cares for the child's basic needs as defined in WAC 388-454-0010), 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) Include yourself if you are a relative defined in WAC 388-454-0010; ((or))

(b) Include someone else that cares for the child and is a relative defined in WAC 388-454-0010; or

(c) Receive a grant for the child only.

(3) If you are the child's parent or caretaker relative, 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, 74.04.057, 2000 2nd sp.s. c 1. 01-03-121, 388-408-0025, filed 1/22/01, effective 3/1/01. 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.]

Legislature Code Reviser 

Register

Washington State Code Reviser's Office