PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Effective Date of Rule: August 1, 2008.
Purpose: The department is amending WAC 388-418-0007 When do I have to report changes in my circumstances?, 388-454-0015 Temporary absence from the home, and 388-505-0220 Family medical eligibility. The rules are being amended in order to extend the definition of "temporary absence" from ninety to one hundred eighty days for the temporary assistance for needy families (TANF) and state family assistance (SFA) programs. The department is also amending rules to provide concurrent TANF/SFA payments for the child, only when the children's administration has placed the child in the temporary care of an unlicensed relative caregiver or other caregiver and expects the child to be returned home to the primary caregiver in one hundred eighty days. The department changes references from "ninety" to "one hundred eighty" in WAC 388-418-0007 and 388-505-0220 in order to support the policy changes.
Citation of Existing Rules Affected by this Order: Amending WAC 388-418-0007, 388-454-0015, and 388-505-0220.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.
Adopted under notice filed as WSR 08-11-087 on May 20, 2008.
Changes Other than Editing from Proposed to Adopted Version: Changes were made to WAC 388-454-0015 in order to clarify the intent of the policy or to help with the flow of the WAC. Most of the changes were editorial in nature and intended to help make the WAC read more clearly. Changes included:
| • | Subsections (1)(a), (1)(c), and (4)(c), added the words "caregiver" or "child" to clarify who the temporary absence polity is referring to. |
| • | Subsection (1)(b), added the words "out-of-home" to help with the flow of the WAC. |
| • | Subsection (2)(a), added the words "of removal" to clarify that one hundred eighty days refers to the number of days the child is out of the home. |
| • | Subsection (2)(a), added a sentence about authorizing assistance if DCFS determines that the child will be in the care of the applying adult with thirty days, even if the child has been out of the home for over one hundred eighty days. This is similar language that was in the original WAC; but was removed in the text of the proposed rule, when new language was added. It was determined that this language is needed for clarification purposes. |
| • | Subsection (4)(a), changed "adult" to "caregiver" for clarification purposes. |
| • | Additional changes were made throughout WAC 388-454-0015 for purposes of "plain talk." Changes included making words contractions and removing unnecessary words. |
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 3, 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 3, Repealed 0.
Date Adopted: June 26, 2008.
Stephanie E. Schiller
Rules Coordinator
3979.5(a) Asking for more information we need to determine your eligibility and benefits under WAC 388-490-0005;
(b) Increasing your benefits when we have proof of a change that makes you eligible for more benefits; or
(c) Reducing or stopping your benefits based on the change.
(2) If you are applying for benefits and have had a change:
(a) After the date you applied but before your interview, you must report the change during your interview; or
(b) After you have been interviewed, you must report changes that we require someone who receives benefits to report as described under WAC 388-418-0005. You must report this change by the tenth day of the month following the month the change happened.
(3) If you receive cash assistance, medical, or Basic Food, you must report changes required under WAC 388-418-0005 by the tenth day of the month following the month the change happened.
(4) For a change in income, the date a change happened is the date you receive income based on this change. For example, the date of your first paycheck for a new job, or the date of a paycheck showing a change in your wage or salary.
(5) If we require you to complete a mid-certification review, you must complete the review to inform us of your circumstances as described under WAC 388-418-0011 in order to keep receiving benefits.
(6) If you receive TANF/SFA, and you learn that a child
in your assistance unit (AU) will be gone from your home
longer than ((ninety)) one hundred eighty days, you must tell
us about this within five calendar days from the date you
learn this information.
(a) If you do not report this within five days, the child's caretaker is not eligible for cash benefits for one month; and
(b) We continue to budget the ineligible person's countable income as described in WAC 388-450-0162 to determine the benefits for the people still in the AU.
(7) If you report changes late, you may receive the wrong amount or wrong type of benefits. If you receive more benefits than you are eligible for, you may have to pay them back as described in chapter 388-410 WAC.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 06-13-043, § 388-418-0007, filed 6/15/06, effective 7/17/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. 05-11-074, § 388-418-0007, filed 5/17/05, effective 7/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 2004 c 54. 04-19-134, § 388-418-0007, filed 9/21/04, effective 10/1/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-21-028, § 388-418-0007, filed 10/7/03, effective 11/1/03. Statutory Authority: RCW 74.08.090 and 74.04.510. 01-11-109, § 388-418-0007, filed 5/21/01, effective 7/1/01.]
(1) Receiving care in a hospital or public or private institution. If the temporary care exceeds ninety days, the assistance payment for the person is reduced to the CPI amount specified under chapter 388-478 WAC.
(2) Receiving care in a substance abuse treatment facility. If the care exceeds ninety days, the assistance payment for the person is reduced to the CPI amount specified under chapter 388-478 WAC.
(3) Visits in which the child or parent will be away for ninety days or less, including visits of a child to a parent who does not reside in the child's home.
(4) Placement of a child in foster care when the child's caretaker is receiving care in a residential treatment facility or for other reasons as determined by the division of children and family services (DCFS). DCFS must determine that the child is expected to return to the home within ninety days of the foster care placement.
(5) Placement of a child in foster care or in the temporary care of a relative, when:
(a) A parent or other relative applies for TANF or SFA on behalf of the child;
(b) DCFS has determined the child will be placed in the care of the applying relative within thirty days following the authorization of assistance; and
(c) No concurrent TANF or SFA payments are made for the child while in the temporary care of a relative.
(6) The child or caretaker is attending school or training as described in WAC 388-454-0020)) The temporary absence policy described in this WAC applies to the temporary assistance for needy families (TANF) and state family assistance (SFA) programs. In some situations, a child receiving TANF/SFA can continue to be eligible for TANF/SFA cash assistance when there is a temporary separation of the child and the child's caregiver. There must be a clear expectation the absence is temporary and the child is expected to be reunited with the family. Temporary absences can't exceed one hundred eighty days except as described in (1)(a).
(1) For recipients, temporary absences include, but are not limited to:
(a) A caregiver receiving care in a hospital, substance abuse treatment facility, or other medical institution. If the temporary care exceeds one hundred eighty days, the assistance payment for the person is reduced to the CPI amount specified under chapter 388-478 WAC.
(b) Out-of-home visits less than one hundred eighty days, when the caregiver is still responsible for the support and care of the child.
(c) A caregiver or child attending school or training as described in WAC 388-454-0020.
(d) Placement of a child in foster care or in the care of a relative or other adult, including when the child's primary caregiver is in a residential treatment facility. The division of children and family services (DCFS) must place the child and determine the child is expected to return to the primary caregiver within one hundred eighty days of the placement.
(2) For applicants, temporary absences include:
(a) When the child is placed in unlicensed foster care or in the care of a relative or other adult and DCFS expects the child will return to the home within one hundred eighty days of removal. Benefits can also be approved for an applicant if DCFS determines that the child will be in the care of the applying adult within thirty days of authorizing assistance even if the child has been out of the home for over one hundred eighty days.
(b) When the child is out of the home because of illness or hospitalization and the absence isn't expected to exceed one hundred eighty days.
(3) For situations described in (1)(d) and (2)(a) of this WAC, concurrent TANF or SFA cash assistance can be made for the child, only when DCFS places the child in the temporary care of an unlicensed-relative, other caregiver, or in foster care. DCFS must expect the child return to the home of the primary caregiver in one hundred eighty days.
(a) When the child goes into licensed foster care, the TANF/SFA grant to the parent continues.
(b) When the child goes into unlicensed care, whether with a relative or other caregiver, the TANF grant to the parent continues and the caregiver can also get a TANF grant.
(4) Situations that do not meet the criteria of a temporary absence include, but aren't limited to:
(a) The caregiver or child is incarcerated for any length of time.
(b) The child ran away and there is no clear expectation of when the child will be returning home.
(c) A caregiver or child is away attending school and doesn't meet the criteria outlined in WAC 388-454-0020.
(5) A caregiver must report within five days of learning that a child's absence is going to be greater than one hundred eighty days as required under WAC 388-418-0005 and 388-418-0007.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-454-0015, filed 7/31/98, effective 9/1/98.]
(a) Receiving temporary assistance for needy families (TANF) cash benefits;
(b) Receiving Tribal TANF;
(c) Receiving cash diversion assistance, except SFA relatable families, described in chapter 388-222 WAC;
(d) Eligible for TANF cash benefits but choose not to receive; or
(e) Not eligible for or receiving TANF cash assistance, but meet the eligibility criteria for aid to families with dependent children (AFDC) in effect on July 16, 1996 except that:
(i) Earned income is treated as described in WAC 388-450-0210; and
(ii) Resources are treated as described in WAC 388-470-0005 for applicants and 388-470-0026 for recipients.
(2) An adult cannot receive a family Medicaid program unless the household includes a child who is eligible for:
(a) Family Medicaid;
(b) SSI; or
(c) Children's Medicaid.
(3) A person is eligible for CN family medical coverage when the person is not eligible for or receiving cash benefits solely because the person:
(a) Received sixty months of TANF cash benefits or is a member of an assistance unit which has received sixty months of TANF cash benefits;
(b) Failed to meet the school attendance requirement in chapter 388-400 WAC;
(c) Is an unmarried minor parent who is not in a department-approved living situation;
(d) Is a parent or caretaker relative who fails to notify
the department within five days of the date the child leaves
the home and the child's absence will exceed ((ninety)) one
hundred eighty days;
(e) Is a fleeing felon or fleeing to avoid prosecution for a felony charge, or is a probation and parole violator;
(f) Was convicted of a drug related felony;
(g) Was convicted of receiving benefits unlawfully;
(h) Was convicted of misrepresenting residence to obtain assistance in two or more states;
(i) Has gross earnings exceeding the TANF gross income level; or
(j) Is not cooperating with WorkFirst requirements.
(4) An adult must cooperate with the division of child support in the identification, use, and collection of medical support from responsible third parties, unless the person meets the medical exemption criteria described in WAC 388-505-0540 or the medical good cause criteria described in chapter 388-422 WAC.
(5) Except for a client described in WAC 388-505-0210 (4)(c)(i) and (ii), a person who is an inmate of a public institution, as defined in WAC 388-500-0005, is not eligible for CN or MN medical coverage.
[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.530. 05-16-127, § 388-505-0220, filed 8/3/05, effective 9/3/05. Statutory Authority: RCW 74.08.090, 74.08A.100, 74.09.080, and 74.09.415. 02-17-030, § 388-505-0220, filed 8/12/02, effective 9/12/02. Statutory Authority: RCW 74.08.090, 74.04.050, [74.04.]055, and [74.04.]057. 01-11-110, § 388-505-0220, filed 5/21/01, effective 6/21/01; 98-16-044, § 388-505-0220, filed 7/31/98, effective 9/1/98. Formerly WAC 388-507-0740 and 388-522-2210.]