WSR 07-08-096

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed April 3, 2007, 12:45 p.m. , effective April 3, 2007, 12:45 p.m. ]


Effective Date of Rule: Immediately.

Purpose: The department is proposing the amendment of WAC 388-444-0025 Food stamp employment and training (FS E&T) -- Payments for FS E&T related expenses, to allow participants in FS E&T programs to be eligible for dependent care payments for dependent children age 0 to 6 years of age as allowed under Title 7 C.F.R. 273.7 (d)(4)(i). Under the current rule, only participants with a dependent child age 6-12 qualifies for dependent care payments.

Citation of Existing Rules Affected by this Order: Amending WAC 388-444-0025.

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

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: The amendment will allow participants in food stamp employment and training programs to have their dependent care costs paid by the department for children up to six years of age. Without this change, participants with children under age six would not be able to receive child care support services for participation. This would prevent them from meeting their participation requirements and place the entire family in imminent danger of being unable to seek employment and achieve self-sufficiency. This change will encourage participation in food stamp employment and training programs with the goal of helping families achieve self-sufficiency.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: March 30, 2007.

Jim Schnellman, Chief

Office of Administrative Resources

3839.1
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-444-0025   Payments for FS E&T related expenses.   (1) Some of a client's actual expenses needed to participate in the FS E&T program may be paid by the department. Allowable expenses are:

(a) Transportation related costs; and

(b) Dependent care costs for each dependent ((six)) through twelve years of age.

(2) Dependent care payments are not paid if:

(a) The child is thirteen years of age or older unless the child is:

(i) Physically and/or mentally incapable of self-care; or

(ii) Under court order requiring adult supervision; or

(b) Any member in the food assistance unit provides the dependent care.

(3) Dependent care payments paid by the department cannot be claimed as an expense and used in calculating the dependent care deduction as provided in WAC 388-450-0185.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-444-0025, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office