Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-11-116.

     Title of Rule and Other Identifying Information: The department is amending WAC 388-310-1450 WorkFirst -- WorkFirst pregnancy to employment and 388-310-0300 WorkFirst -- Infant care exemptions for mandatory participants.

     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 December 11, 2007, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than December 12, 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 DSHSRULESCOORDINATOR@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. by December 11, 2007.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS Rules Consultant, by December 4, 2007, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rule changes will allow the exempting of parents with an infant under age of one year from WorkFirst participation for a maximum of twelve months over the parent's lifetime. The only exception to the new rule is mandatory mental health and chemical dependency treatment if needed.

     Reasons Supporting Proposal: DSHS is required to comply with chapter 289, Laws of 2007 (2SSB 6016) that went into effect July 22, 2007.

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

     Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, and 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: Aurea Figueroa, 1009 College S.E., Lacey, WA 98504, (360) 725-4623.

     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 by changing the exemption for having a child under twelve months of age.

     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."

October 30, 2007

Stephanie E. Schiller

Rules Coordinator

     (((a))) Either you or the other parent (living in the household) can claim an infant exemption from participating in WorkFirst activities ((during months that you are needed in the home to personally provide care for your child under four months of age.)) provided you:

     (a) Have a child under one year of age;

     (b) ((You or the other parent of your child, living in your household can claim a one-time exemption from full-time participation, for one child only, if that child is between the age of four months and up to twelve months old. This means the parent who claims this exemption will only be required to participate part-time, up to twenty hours in certain activities described in WAC 388-310-1450)) Choose to not fully participate in the WorkFirst program (see WAC 388-310-0400); and

     (c) Have not used up your lifetime twelve-month infant exemption.

     (2) ((Can I participate in WorkFirst while I am exempt)) If I choose my infant exemption, can I still be required to participate in the WorkFirst program?

     You are required to participate up to twenty hours per week in mental health and/or chemical dependency treatment if:

     (a) ((You may choose to participate in WorkFirst while you are exempt with a child under four months old. If you decide later to stop participating, and you still qualify for an exemption, you will be put back into exempt status with no financial penalty. For a description of participation activities see WAC 388-310-1450.)) The comprehensive evaluation or assessment indicates a need; and

     (b) ((You may choose to participate full time while you are taking your one-time/part-time exemption. If you decide later to stop participating full-time, and you still qualify for the part-time exemption, you will be put back into part-time exempt status with no financial penalty. For a description of participation activities see WAC 388-310-1450)) Services are available in your community.

     (3) Can I volunteer to participate in WorkFirst while I have a child under one?

     You may choose to fully participate in WorkFirst (see WAC 388-310-0400) while you have a child under one year of age. If you decide later to stop participating and you still qualify for an exemption, you will be put back into exempt status with no financial penalty provided you meet conditions (1) and (2) above.

     (4) Does an infant exemption from participation affect my sixty-month time limit for receiving TANF or SFA benefits?

     ((An exemption from participation does not affect your sixty-month time limit for receiving TANF or SFA benefits (described in WAC 388-484-0005).)) Even if you are exempt from participation, each month you receive a TANF/SFA grant counts toward your sixty-month limit (see WAC 388-484-0005).

[Statutory Authority: RCW 74.08.090, 74.04.050. 02-14-087, § 388-310-0300, filed 6/28/02, effective 7/29/02; 00-06-062, § 388-310-0300, filed 3/1/00, effective 3/1/00; 99-10-027, § 388-310-0300, filed 4/28/99, effective 5/29/99; 97-20-129, § 388-310-0300, filed 10/1/97, effective 11/1/97.]

     If you are on TANF/SFA and are pregnant or have a child under the age of ((twelve months)) one year, you are a participant in the pregnancy to employment pathway.

     (2) What services are provided to the pregnancy to employment pathway?

     (a) The pregnancy to employment pathway provides you with services, when available in your community, to help you learn how to work, look for work, or prepare for work while still meeting your child's needs. You and your case manager or social worker will decide which variety of services you need such as:

     (i) Parenting education or parenting skills training;

     (ii) Reliable and affordable child care;

     (iii) Mental health treatment;

     (iv) Chemical dependency treatment;

     (v) Domestic violence services; or

     (vi) Employment services.

     (b) The case manager or social worker will contact you every three months to offer you services if you are not required to participate and choose to claim the infant exemption.

     (3) What am I required to do while I am in the pregnancy to employment pathway?

     You ((will receive)) must participate in an assessment ((from)) with a DSHS social worker((.)) and based on the results ((of the assessment)) you ((receive as a pregnancy to employment participant, you and)) will:

     (a) Work with your case manager/social worker ((will)) to decide ((how you will be)) which required ((to participate and which)) activities best meet your needs. These activities ((you are required to do)) will depend on where you are in the pregnancy or the age of your child and will be added to your individual responsibility plan (IRP).

     (b) Be required to participate in the activities identified in your IRP.

     (((3))) (4) What am I required to do while I am pregnant?

     Based upon the results of your assessment, your participation:

     (a) ((In the)) During your first and second trimester of pregnancy will be ((: Your participation is based upon the results of the assessment you receive and includes work, looking for work or a combination of pregnancy to employment services. You will be required to participate)) full-time ((during the first two trimesters of pregnancy)) work, looking for work, or preparing for work unless you have a good reason to participate fewer hours (see WAC 388-310-1600).

     (b) ((In the)) During your third trimester of pregnancy will be ((: Your participation is voluntary and may include meeting your medical needs)) up to twenty hours per week in mental health and/or chemical dependency treatment if:

     (i) The comprehensive evaluation or assessment indicates a need; and

     (ii) Services are available in your community.

     (((4))) (5) What am I required to do after my child is born?

     ((You are exempt from participation)) After the birth of your child ((and until your child reaches the age of four months. You may)), you may choose to take the infant exemption (See WAC 388-310-0300) or volunteer to participate in WorkFirst activities ((while you are exempt)) to the fullest of your abilities (see WAC ((388-310-0300)) 388-310-0400).

     (((5))) (6) ((Do I have to participate full time once my child reaches age four months)) What if I have used my twelve-month lifetime infant exemption?

     ((Once your child reaches four months old, you are required to participate full time unless you qualify for the one-time exemption from full-time participation. This exemption is called a part-time exemption and you can only receive it once for one child who is between four and up to twelve months old)) If you have another child after using all of infant exemption, you will be:

     (a) Eligible for twelve-week postpartum deferral period to personally take care of an infant less than twelve weeks of age. During the twelve-week postpartum deferral period, you will be required to participate up to twenty hours per week in mental health and/or chemical dependency treatment if the comprehensive evaluation or assessment indicates a need and services are available in your community.

     (b) Required (unless otherwise exempt or you have good reason to participate fewer hours) to participate full-time, once your child turns twelve-weeks old. Activities in which you are required to participate include one or more of the following:

     (i) Work;

     (ii) Looking for work; or

     (iii) Preparing for work by participating in a combination of activities based upon the results of your assessment.

     (((6) How do I qualify for the part-time exemption?

     Effective June 13, 2002, you can be exempt one-time only, from full-time participation, if you have a child age four months to twelve months old.))

     (7) ((If I qualify for the part-time exemption, what will I be required to do?

     You will have to participate part-time for up to twenty hours per week (per state law) until your child is reaches twelve months old. During this time, you will be required, based upon the results of your assessment, to participate in one or more of the following:

     (a) Instruction or training to improve your parenting skills or child well-being (if available);

     (b) Preemployment or job readiness training;

     (c) High school completion or GED program;

     (d) Volunteer in a child care facility licensed under chapter 74.15 RCW. The child care facility has to agree to accept you as a volunteer; or

     (e) Volunteer to participate in job search or work activities full-time or part-time. If you change your mind about job search or work activities you will be required to participate up to twenty hours in one of the required activities listed above.

     (8))) ((What if I have used my one-time part-time exemption from full-time participation)) Will I be sanctioned if I refuse to participate?

     ((If you have used your one-time, part-time exemption and you have another child, when that child is between four months and twelve months old, you will be required to participate full-time in one or more of the following activities:

     (a) Work;

     (b) Looking for work; or

     (c) Preparing for work by participating in a combination of activities based upon the results of your assessment)) (a) You are required to participate in the WorkFirst program (see WAC 388-310-0200) subject to sanction (see WAC 388-310-1600) unless you have good reason and you:

     (i) Are in your third trimester of pregnancy; or

     (ii) Have not used up your twelve-month lifetime infant exemption and have a child under the age of one year; or

     (iii) Have used up your twelve-month lifetime infant exemption and have a child under twelve weeks.

     (b) You may be sanctioned if you stop participating in required mental health and/or chemical dependency treatment even if you are in your third trimester, claiming the infant exemption, or using a twelve-week postpartum deferral period.

     (((9) What services are provided in the pregnancy to employment?

     This pathway provides you with services, as available within your community, to help you learn how to work while still meeting your child's needs. You and your case manager will decide which of the variety of services you need, such as help finding:

     (a) Parenting classes;

     (b) Safe and appropriate child care;

     (c) Good health care for yourself and your child; and/or

     (d) Employment services.

     (e) If you are currently employed you will receive the assessment at your next individual responsibility plan review.

     (10) What determines which services I will receive and what my participation will be?

     (a) Your assessment results (see WAC 388-310-0700) determine the services, as available within your community, that you will receive;

     (b) An individual responsibility plan will be developed jointly that reflects participation and services available to meet your needs and the needs of your child; and

     (c) Follow up contact every three months to jointly reassess your needs and the services and activities you are participating in, until your child reaches age twelve months.

     (11) Will I be sanctioned if I refuse to participate in pregnancy to employment pathway?

     (a) If you are a pregnant woman in your third trimester of pregnancy or if you have an infant less than three months old you will not be sanctioned for not participating.

     (b) If you are in the first two trimesters of your pregnancy or have a child four months of age or older, you are required to participate and are subject to the WorkFirst sanction rules (see WAC 388-310-1600).

     (12) What if I have a child between the ages of four months and twelve months but I have a good reason not to participate?

     If you have a good reason not to participate and you claim good cause (WAC 388-310-1600(3)), your needs will be assessed as soon as possible, but no later than ninety days from your request. A good cause determination will establish if you will be required to participate and the types of services that will best meet your needs.))

[Statutory Authority: RCW 74.08.090, 74.04.050. 02-14-087, § 388-310-1450, filed 6/28/02, effective 7/29/02; 00-06-062, § 388-310-1450, filed 3/1/00, effective 3/1/00.]

© Washington State Code Reviser's Office