WSR 08-23-100

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed November 19, 2008, 11:21 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-20-048.

Title of Rule and Other Identifying Information: The department is amending WAC 388-310-2100 WorkFirst career services.

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) 664-6094), on December 23, 2008, at 10:00 a.m.

Date of Intended Adoption: Not earlier than December 24, 2008.

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 p.m. on December 23, 2008.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by December 9, 2008, 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: This rule change is needed to offer career services to employed adults who receive Basic Food benefits, who are working thirty or more hours a week and have minor dependents. The program is administered by the employment security department.

Reasons Supporting Proposal: This WAC is being amended to provide greater access [to] the career services program.

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: Ian Horlor, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4634.

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 defining career services and who is eligible for these services.

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." These rules affect eligibility for the career services program.

November 14, 2008

Stephanie E. Schiller

Rules Coordinator

4044.4
AMENDATORY SECTION(Amending WSR 08-16-102, filed 8/5/08, effective 10/1/08)

WAC 388-310-2100   ((WorkFirst)) Career services program.   (1) What is the ((WorkFirst)) career services program?

((WorkFirst)) Career services, administered by employment security department, provides up to six months of:

Basic needs payments;

Wage progression services; and

Job retention services.

(2) How can I get ((WorkFirst)) career services?

(a) To get career services, you must meet the following eligibility requirements:

(i) ((Enroll with the employment security department within the first two calendar months after your TANF/SFA ends or within the first two calendar months after you received your first diversion cash assistance (DCA) payment.

(ii))) Be working thirty hours or more per week in a paid unsubsidized job; and

(ii) Not have left temporary assistance for needy families (TANF)/state family assistance (SFA) in sanction status within the previous six months; and

(iii) Be a custodial parent or caretaker relative who:

(A) Received TANF/SFA or diversion cash assistance (DCA) within at least one of the past two calendar months; ((and)) or

(((iv) Not have left TANF/SFA in sanction status))

(B) Receives basic food assistance for your family and does not currently receive cash benefits under the TANF, SFA, refugee or general assistance programs.

(b) You must also enroll with the employment security department during the following timeframes:

(i) Within the first two calendar months after your TANF/SFA ends; or

(ii) Within the first two calendar months after you received your first diversion cash assistance (DCA) payment; or

(iii) Anytime starting the month after you meet eligibility criteria for career services while receiving basic food. You aren't eligible for career services based on receiving basic food assistance if you have already received career services during the current state fiscal year (July 1 through June 30).

(c) Each adult in your family who meets these conditions and enrolls in the program ((will)) can receive ((their own basic needs)) the payments and services.

(3) What services and ((basic needs)) payments are available while I am enrolled in the ((WorkFirst)) career services program?

The ((WorkFirst)) career services program provides wage progression services, job retention services and basic needs payments.

(a) Services include employment planning that will help you keep your job and increase your wages.

(b) As shown in the chart below, cash payments and bonuses are made monthly, for up to six consecutive months after leaving TANF/SFA ((or)), receiving DCA, or while receiving Basic Food assistance.

(c) You may receive up to six hundred fifty dollars in cash payments and bonuses over the six-month period following your TANF/SFA case closing ((or)), getting your first DCA payment, or while receiving Basic Food assistance.


((Eligible Month)) ((Payments & Bonus Amounts)) ((Description of Payments and Bonuses))
((Month 1-6 After TANF/SFA or DCA)) (($50.00 a month)) ((Monthly payments begin once you enroll. If you enroll during Month 2, then you are not eligible for the Month 1 payment.))
((Month 1 or 2)) (($150.00)) ((One-time enrollment bonus when you sign up for the program.))
((Month 4 and 6)) (($100.00 month 4

$100.00 month 6))

((Bonus for completing the WorkFirst career services assessment and employment planning interview.))


Program Enrollment Period Frequency Payment Period Payment & Bonus Amount Payment Description
TANF/SFA or DCA First two months after TANF/SFA ends, or

Two months after first DCA payment

People can enroll the first two months after they:

Exit TANF/SFA or

Receive first DCA payment

Month 1 or 2 $150.00 One-time enrollment bonus when you sign up for the program.
Month 1-6 after TANF/SFA ends $50.00 Monthly payments begin once you enroll. If you enroll during Month 2, then you are not eligible for the Month 1 payment.
Month 4 and 6 $100.00 month 4

$100.00 month 6

Bonus for completing the career services assessment and employment planning interview.
Basic Food Any time starting the month after becoming eligible for career services One time in a program year (July through June) 1st Month $150.00 One-time enrollment bonus when you sign up for the program.
Month 1-6 $50.00 Monthly payments begin once you enroll.
Month 4 and 6 $100.00 month 4

$100.00 month 6

Bonus for completing the career services assessment and employment planning interview.

(4) How long can I receive ((WorkFirst)) career services ((and basic needs payments))?

(a) ((WorkFirst)) Career services ((and basic needs payments)) are available for a maximum of six consecutive months. Month one begins the calendar month after your TANF/SFA assistance ends or the calendar month after you receive your first DCA payment.

(b) If you are eligible for career services because you receive basic food assistance, career services are available for a maximum of six consecutive months beginning the month you enroll.

(c) Your ((WorkFirst)) career services ((payments)) will stop for any of the following reasons:

(i) ((We)) The employment security department (ESD) learns you are no longer working thirty hours a week in unsubsidized employment;

(ii) You begin receiving TANF/SFA assistance;

(iii) ((We)) ESD does not have your current mailing address;

(iv) You are not living in Washington; or

(v) It has been more than six months since your initial DCA payment or since you stopped receiving TANF/SFA or since you enrolled in the career services program because you receive basic food assistance.

(5) What happens if the employment security department learns I am no longer working thirty hours or more per week?

(a) The employment security department will provide you with a letter with at least ten days advance notice that your ((WorkFirst)) career services will close. Your ((WorkFirst)) career services ((basic needs payments)) will stop at the end of the month in which your ten days notice expires. The letter will tell you how to request an administrative hearing if you disagree with the decision.

(b) If you find a new job or increase your hours back up to thirty hours before the end of the month, you will remain eligible for career services payments.

(c) Employment security staff can help you find new employment or work with you to increase your hours of employment.

(6) What happens if I am approved for TANF/SFA assistance while I am receiving ((WorkFirst)) career services?

If you start receiving TANF/SFA assistance, the employment security department will provide you with a letter and close your ((WorkFirst)) career services case at the end of the month. The letter will tell you how to request an administrative hearing if you disagree with the decision.

(7) What ((happens if I request an administrative hearing)) can I do if I disagree with decisions about career services?

(a) You have the right to request an administrative hearing if you disagree with a decision or action regarding the ((WorkFirst)) career services program. For more information, see chapter 388-02 WAC and RCW 74.08.080.

(b) If you receive continued benefits, they will still end when you reach your benefit maximum as outlined under (3)(c) and (4) regardless of any other pending administrative hearing.

[Statutory Authority: RCW 74.04.050, 74.04.055. 08-16-102, 388-310-2100, filed 8/5/08, effective 10/1/08. Statutory Authority: RCW 74.04.050, 74.04.055, and 2007 c 522. 07-20-042, 388-310-2100, filed 9/26/07, effective 10/27/07.]

Washington State Code Reviser's Office