WSR 07-04-092

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed February 6, 2007, 12:52 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-24-114.

Title of Rule and Other Identifying Information: WAC 388-436-0015 Consolidated emergency assistance program (CEAP), 388-436-0030 Eligibility for CEAP depends on other possible benefits, and 388-436-0025 Eligibility conditions for CEAP -- Job refusal.

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on March 13, 2007, at 10:00 a.m.

Date of Intended Adoption: Not earlier than March 14, 2007.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail schilse@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m. on March 13, 2007.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by March 9, 2007,

TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 388-436-0015 and 388-436-0030 in order to allow a one-time emergency benefit to families who have had their cash grant terminated under the noncompliance sanction policy. The department is proposing to repeal WAC 388-436-0025 Eligibility conditions for CEAP -- Job refusal, because the policy has not produced the desired outcomes for the temporary assistance for needy families (TANF) program on a consistent basis.

Reasons Supporting Proposal: Under the new noncompliance sanction (NCS) policy, some families may have their full TANF cash grant terminated starting in March 2007. A one-time emergency cash benefit will be available to families who have had their cash grant terminated under the noncompliance sanction policy. The emergency cash benefit would assist families with meeting their basic needs such as food, shelter, clothing, utilities and transportation. We anticipate no impacts from repealing WAC 388-436-0025 because this policy has not produced the desired outcomes for the TANF program on a consistent basis.

Statutory Authority for Adoption: RCW 74.040.050 [74.04.050], 74.04.055, 74.04.057, 74.08.090.

Statute Being Implemented: RCW 74.040.050 [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: Jenny Grayum, 1009 College Street S.E., Lacey, WA 98504, (360) 725-4583.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses. The proposed amendments only affect DSHS clients by outlining the rules clients must meet in order to be eligible for the department's cash assistance or food benefits programs.

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 for care of dependents."

February 1, 2007

Jim Schnellman, Chief

Office of Administrative Resources

3831.1
AMENDATORY SECTION(Amending WSR 04-05-013, filed 2/6/04, effective 3/8/04)

WAC 388-436-0015   Consolidated emergency assistance program (CEAP).   (1) CEAP is available to the following persons:

(a) A pregnant woman in any stage of pregnancy; or

(b) Families with dependent children, including, within available funds, families who have stopped receiving their TANF grant within the last six months under WAC 388-310-1600.

(2) Applicants must be residents of Washington state as defined in WAC 388-468-0005.

(3) Applicants must demonstrate a financial need for emergency funds for one or more of the following basic requirements:

(a) Food;

(b) Shelter;

(c) Clothing;

(d) Minor medical care;

(e) Utilities;

(f) Household maintenance supplies;

(g) Necessary clothing or transportation costs to accept or retain a job; or

(h) Transportation for a minor, not in foster care, to a home where care will be provided by family members or approved caretakers.

(4) Payment under this program is limited to not more than thirty consecutive days within a period of twelve consecutive months.

[Statutory Authority: RCW 74.04.050, 74.04.055, and 74.04.057. 04-05-013, 388-436-0015, filed 2/6/04, effective 3/8/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-436-0015, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 99-24-130, filed 12/1/99, effective 1/1/00)

WAC 388-436-0030   Eligibility for CEAP depends on other possible cash benefits.   (1) Before the department approves CEAP benefits, we must determine that all household members are ineligible for benefits from any of the following programs:

(a) Temporary assistance for needy families (TANF) or state family assistance (SFA), unless the family has had its cash grant terminated under WAC 388-310-1600 within the last six months;

(b) ((State family assistance (SFA);

(c))) Refugee cash assistance (RCA);

(((d))) (c) Diversion cash assistance (DCA).

(2) To receive CEAP, the applicant must take any required action to receive benefits from the following programs:

(a) TANF((,)) or SFA, ((and RCA)) unless the family has had its case grant terminated under WAC 388-310-1600 within the last six months;

(b) RCA

(c) Supplemental security income (SSI);

(((c))) (d) Medical assistance for those applicants requesting help for a medical need;

(((d))) (e) Food assistance for those applicants requesting help for a food need;

(((e))) (f) Housing assistance from any available source for those applicants requesting help for a housing need;

(((f))) (g) Unemployment compensation, veteran's benefits, industrial insurance benefits, Social Security benefits, pension benefits, or any other source of financial benefits the applicant is potentially eligible to receive.

(3) The department may not authorize CEAP benefits to any household containing a member who is ((under a grant penalty)) receiving reduced cash benefits for failure to comply with program requirements of TANF/SFA((,)) or RCA((, or WorkFirst under chapter 388-310 WAC)). This restriction does not apply to families who have stopped receiving TANF cash benefits under WAC 388-310-1600 within the last six months.

[Statutory Authority: RCW 74.04.660. 99-24-130, 388-436-0030, filed 12/1/99, effective 1/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-436-0030, filed 7/31/98, effective 9/1/98.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-436-0025 Eligibility conditions for CEAP--Job refusal.

Washington State Code Reviser's Office