Effective Date of Rule: October 1, 2010.

     Purpose: The department is amending WAC 388-432-0005 Can I get help from DSHS for a family emergency without receiving cash assistance?, 388-310-0100 WorkFirst -- Purpose, 388-310-0800 WorkFirst -- Support services, 388-310-1800 WorkFirst -- Post employment services, 388-310-1600 WorkFirst -- Sanctions, 388-310-0200 WorkFirst -- Activities, 388-310-0400 WorkFirst -- Entering the WorkFirst program as a mandatory participant, 388-310-1300 Community jobs, and 388-310-2100 Career services program.

     These amendments will:

•	Decrease the diversion cash assistance expenditures by reducing maximum allotment from $1500 to $1250;
•	Reduce child care cost by allowing qualifying two-parent families to have the option of excluding one parent from WorkFirst participation requirements;
•	No longer provide career services, tuition assistance and support services payments to former TANF families; and
•	Eliminate administrative costs associated with the external three-person sanction review panel.

     These changes in addition to other administrative reductions are necessary to contain costs and ensure program's fiscal stability. These adjustments are necessary for the program to stay within the budget and to prevent more severe cuts.

     Citation of Existing Rules Affected by this Order: Repealing WAC 388-310-2100; and amending WAC 388-310-0100, 388-310-0800, 388-310-1800, 388-310-1600, 388-310-0200, 388-310-0400, 388-310-1300, and 388-432-0005.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.08.090, chapters 74.08A and 74.12 RCW.

     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; and that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal years 2009, 2010, or 2011, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

     Reasons for this Finding: The department needs to make immediate cuts to TANF-related programs in order to stay within the current budget. Based on the current rate of expenditures (SP to Budget Bill 9-27-10), the TANF/WorkFirst biennial budget faces a shortfall of no less than ninety-three million dollars for the remainder of the 09-11 biennium. In part, this shortfall is the result of increased demand for TANF benefits due to the economic recession. In the last two years, the WorkFirst caseload has grown by more than thirty percent, from 51,106 cases in July 2008 to 66,634 cases in June of this year.

     In addition, revenue forecasts for Washington state government show decreased general fund revenue for the two-year period ending June 30, 2011. The governor has determined that a budget shortfall is imminent and has directed agencies to implement cuts by October 1 to avoid running out of state general funds. In particular, the governor's Executive Order 10-04 (Ordering Expenditure Reductions in Allotments of State General Fund Appropriations), signed on September 13, 2010, found that:

•	Revenues have fallen short of projections;
•	The current official state economic and revenue forecast of general fund revenues is less than the official estimate upon which the state's 2009-2011 biennial operating budget and supplemental operating budget were enacted; and
•	The anticipated revenues combined with the beginning cash balance of the general fund are insufficient to meet anticipated expenditures from this fund for the remainder of the current fiscal period.

     Accordingly, the governor has ordered across-the-board reductions of state general fund allotments by 6.287%, effective October 1, 2010. The revenue shortfall will add an additional nineteen million dollars for a possible total shortfall of one hundred twelve million dollars.

     In addition to this budget shortfall, the department does not expect to receive sixty-two million dollars in federal ARRA contingency funds. This is likely to have a significant increase to the shortfall that is specific to the TANF/WorkFirst budget for fiscal year 2011.

     The timing of the proposed budget reductions will lessen the adverse impact on families. If immediate budget reductions are not realized, the department will have to make additional cuts in the future to TANF/WorkFirst assistance programs to stay within budget. Additional cuts could include greater reduction in services than those currently proposed, and/or eliminating benefits rather than reducing them. These reductions would have a much greater detrimental effect on vulnerable families with children in need.

     The department is concurrently working on the permanent rule-making process and has filed preproposal statement of inquiries, CR-101, as WSR 10-16-144, 10-16-145, 10-16-147, 10-17-115, and 10-17-116. The department started filing proposed rule-making notices on [in] September and plans to complete all notices by the first week of October.

     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 8, Repealed 1.

     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 0, 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 8, Repealed 1.

     Date Adopted: September 27, 2010.

Katherine I. Vasquez

Rules Coordinator

     The WorkFirst program offers services and activities to help people in low-income families find jobs, keep their jobs, find better jobs and become self-sufficient. The program links families to a variety of state, federal and community resources to meet this goal. When you enter the WorkFirst program, you will be asked to work, look for work and/or prepare for work.

     (2) Who does the WorkFirst program serve?

     The WorkFirst program serves ((three)) two groups:

     (a) Parents and children age sixteen or older who receive cash assistance under the temporary assistance for needy families (TANF), general assistance for pregnant women (GA-S) or state family assistance (SFA) programs; and

     (b) ((Parents who no longer receive cash assistance and need some continuing support to remain self-sufficient; and

     (c))) Low income parents who support their family without applying for or relying on cash assistance.

[Statutory Authority: RCW 74.08.090 and 74.04.050. 99-08-051, § 388-310-0100, filed 4/1/99, effective 5/2/99; 97-20-129, § 388-310-0100, filed 10/1/97, effective 11/1/97.]

     People who can get support services include:

     (a) WorkFirst participants who receive a TANF cash grant;

     (b) Sanctioned WorkFirst participants during the required participation before the sanction is lifted or applicants who were terminated ((by a sanction review panel)) while in noncompliance sanction who are doing activities required to reopen cash assistance (WAC 388-310-1600);

     (c) Unmarried or pregnant minors who are income eligible to receive TANF and are:

     (i) Living in a department approved living arrangement (WAC 388-486-0005) and are meeting the school requirements (WAC 388-486-0010); or

     (ii) Are actively working with a social worker and need support services to remove the barriers that are preventing them from living in a department approved living arrangement and/or meeting the school requirements.

     (d) ((Former WorkFirst recipients who are working at least twenty hours or more per week for up to six months after leaving TANF if they need support services to meet a temporary emergency. This can include up to four weeks of support services if they lose a job and are looking for another one (see also WAC 388-310-1800);

     (e))) American Indians who receive a TANF cash grant and have identified specific needs due to location or employment.

     (2) Why do I receive support services?

     Although not an entitlement, you may receive support services for the following reasons:

     (a) To help you participate in work and WorkFirst activities that lead to independence.

     (b) To help you to participate in job search, accept a job, keep working, advance in your job, and/or increase your wages.

     (c) You can also get help in paying your child care expenses through the working connections child care assistance program. (Chapter 170-290 WAC describes the rules for this child care assistance program.)

     (3) What type of support services may I receive and what limits apply?

     There is a limit of three thousand dollars per person per program year (July 1st to June 30th) for WorkFirst support services you may receive. Most types of support services have dollar limits.

     The chart below shows the types of support services that are available for the different activities (as indicated by an "x") and the limits that apply.

     Definitions:

     • Work-related activities include looking for work or participating in workplace activities, such as community jobs or a work experience position.

     •• Safety-related activities include meeting significant or emergency family safety needs, such as dealing with family violence. When approved, safety-related support services can exceed the dollar or category limits listed below.

     ••• Some support services are available if you need them for other required activities in your IRP.

Type of support service	Limit	• Work	•• Safety	••• Other
Reasonable accommodation for employment	$1,000 for each request	x
Clothing/uniforms	$75 per adult per program year	x
Diapers	$50 per child per month	x
Haircut	$40 per each request	x
Lunch	Same rate as established by OFM for state employees	x
Personal hygiene	$50 per adult per program year	x
Professional, trade, association, union and bonds	$300 for each fee	x
Relocation related to employment (can include rent, housing, and deposits)	$1,000 per program year	x
Short-term lodging and meals in connection with job interviews/tests	Same rate as established by OFM for state employees	x
Tools/equipment	$500 per program year	x
Car repair needed to restore car to operable condition	$250 per program year	x	x
License/fees	$130 per program year	x	x
Mileage, transportation, and/or public transportation	Same rate as established by OFM for state employees	x	x
Transportation allotment	Up to: $25 for immediate need, or $40 twice a month if you live within 40 miles of your local WorkFirst office, or $60 twice a month if you live more than 40 miles from your local WorkFirst office.	x	x
Counseling	No limit	x	x	x
Educational expenses	$300 for each request if it is an approved activity in your IRP and you do not qualify for sufficient student financial aid to meet the cost	x		x
Medical exams (not covered by medicaid)	$150 per exam	x	x	x
Public transportation	$150 per month	x	x	x
Testing-diagnostic	$200 each	x	x	x

     (4) What are the other requirements to receive support services?

     Other restrictions on receiving support services are determined by the department or its agents. They will ((decide what support services you receive, as follows)) consider whether:

     (a) It is within available funds; and

     (b) It does not assist, promote, or deter religious activity; and

     (c) There is no other way to meet the cost.

     (5) What happens to my support services if I do not participate as required?

     The department will give you ten days notice, following the rules in WAC 388-310-1600, then discontinue your support services until you participate as required.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. 09-06-053, § 388-310-0800, filed 2/26/09, effective 4/1/09. Statutory Authority: RCW 74.04.050 and 74.04.055. 08-18-045, § 388-310-0800, filed 8/29/08, effective 10/1/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.260, chapter 74.08A RCW. 06-10-035, § 388-310-0800, filed 4/27/06, effective 6/1/06. Statutory Authority: RCW 74.08.090, 74.04.050, 74.08A.340. 05-02-014, § 388-310-0800, filed 12/27/04, effective 1/27/05. Statutory Authority: RCW 74.08.090, 74.04.050, 74.08A.340, and 2003 c 10 § 207. 03-21-154, § 388-310-0800, filed 10/22/03, effective 10/27/03. Statutory Authority: RCW 74.08.090, 74.04.050, 78.08A.340, and [WSR] 99-14-043. 02-11-130, § 388-310-0800, filed 5/21/02, effective 7/1/02; 01-17-053, § 388-310-0800, filed 8/13/01, effective 9/1/01. Statutory Authority: RCW 74.08.090, 74.04.050, and 78.08A.340. 00-13-106, § 388-310-0800, filed 6/21/00, effective 7/1/00. Statutory Authority: RCW 74.08.090 and 74.04.050. 99-14-043, § 388-310-0800, filed 6/30/99, effective 7/31/99; 97-20-129, § 388-310-0800, filed 10/1/97, effective 11/1/97.]

     Post employment services help ((low-income)) TANF or SFA parents who are working twenty hours or more a week keep and cope with their current jobs, look for better jobs, gain work skills for a career and become self sufficient.

     (2) How do I obtain post employment services?

     (a) You can obtain post employment services by:

     (i) Asking for a referral from the local community service office;

     (ii) Contacting community or technical colleges; or

     (iii) Contacting the employment security department. ((Employment security department staff may also telephone you if you got a job while you were on TANF or SFA to see if you are interested in receiving these services.

     (b) You may qualify for different services (from various state or federal programs) depending on whether you:

     (i) Are a mandatory participant (that is, you currently receive TANF or SFA benefits);

     (ii) Used to receive TANF or SFA benefits; or

     (iii) Have never been on TANF or SFA.))

     (3) Who provides post employment services and what kind of services do they provide?

     (a) The employment security department can help you increase your wages, increase your job skills or find a better job by providing you with:

     (i) Employment and career counseling;

     (ii) Labor market information;

     (iii) Job leads for a better job (sometimes called job development);

     (iv) On the job training;

     (v) Help with finding a job that matches your interests, abilities and skills (sometimes called job matching); and

     (vi) Help with finding a new job after job loss (sometimes called reemployment).

     (b) Any Washington state technical and community college can approve a skill-training program for you that will help you advance up the career ladder. Their staff will talk to you, help you decide what training would work best for you and then help you get enrolled in these programs. The college may approve the following types of training for you at any certified institution:

     (i) High school/GED,

     (ii) Vocational education training,

     (iii) Job skills training,

     (iv) Adult basic education,

     (v) English as a second language training, or

     (vi) Preemployment training.

     (4) What other services are available while you receive post employment services?

     While you receive post employment services, you may qualify for:

     (a) Working connections childcare if you meet the criteria for this program (described in chapter 170-290 WAC).

     (b) Other support services, such as help in paying for transportation or work expenses if you meet the criteria for this program (WAC 388-310-0800).

     (c) Other types of assistance for low-income families such as food stamps, medical assistance or help with getting child support that is due to you and your children.

     (5) Who is eligible for post employment ((service, support services and childcare)) services?

     If you are a current TANF or SFA recipient, you may qualify for post employment services((, support services and child care)) if you are working twenty hours or more a week, ((and:

     (a) You are current TANF or SFA recipient. You qualify for:

     (i) All types of post employment services,)) unless you are in sanction status((;

     (ii) Tuition assistance from the community and technical college system;

     (iii) WorkFirst support services; and

     (iv) Working connections childcare.

     (b) You are a former TANF or SFA recipient. You qualify for:

     (i) Employment retention services (help with keeping a job) for up to twelve months after exiting TANF or SFA.

     (ii) Wage and skill progression services (help with finding a better job and/or obtaining better wages) for up to twelve months after exiting TANF or SFA.

     (iii) Tuition assistance or preemployment training from the community and technical college system;

     (iv) Working connections childcare assistance; and/or

     (v) WorkFirst support services for up to six months after exiting TANF or SFA.

     (c) You are a low wage earner (that is, your family income does not exceed one hundred seventy-five percent of the federal poverty level) who has never received TANF or SFA benefits, and are in a community or technical college-approved skill training program. You may qualify for:

     (i) Tuition assistance or preemployment training from the community and technical college system; or

     (ii) Working connections child care while you are in training or school for up to a total of thirty six months)).

     (6) What if I lose my job while I am receiving post employment services?

     If you now receive ((or used to receive)) TANF or SFA, help is available to you ((for up to four weeks)) so that you can find another job and continue in your approved post employment services.

     (a) The employment security department will provide you with reemployment services.

     (b) At the same time, your case manager can approve ((up to four weeks of)) support services and childcare for you.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 34.05.310 (4)(c). 08-15-136, § 388-310-1800, filed 7/22/08, effective 8/22/08. Statutory Authority: RCW 74.08.090, 74.04.050, 74.08A.340, and 2003 c 10 § 207. 03-21-154, § 388-310-1800, filed 10/22/03, effective 10/27/03. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. 02-15-067, § 388-310-1800, filed 7/11/02, effective 8/1/02. Statutory Authority: RCW 74.08A.340(2), 45 C.F.R. 260.31, RCW 74.08.090, and chapter 74.04 RCW. 00-16-055, § 388-310-1800, filed 7/26/00, effective 8/1/00. Statutory Authority: RCW 74.08.090 and 74.04.050. 99-10-027, § 388-310-1800, filed 4/28/99, effective 5/29/99; 97-20-129, § 388-310-1800, filed 10/1/97, effective 11/1/97.]

     (a) You are required to participate in the WorkFirst activities in your individual responsibility plan, and become what is called a "mandatory participant," if you:

     (i) Are receiving TANF or SFA cash assistance because you are pregnant or the parent or adult in the home; and

     (ii) Are not exempt. For exemptions see WAC 388-310-0300 and 388-310-0350.

     (b) Participation is voluntary for all other WorkFirst participants (those who no longer receive or have never received TANF or SFA cash assistance).

     (2) What activities do I participate in when I enter the WorkFirst program?

     When you enter the WorkFirst program, you will participate in one or more of the following activities (which are described in more detail in other sections of this chapter):

     (a) Paid employment (see WAC 388-310-0400 (2)(a) and 388-310-1500);

     (b) Self employment (see WAC 388-310-1700);

     (c) Job search (see WAC 388-310-0600);

     (d) Community jobs (see WAC 388-310-1300)

     (e) Work experience (see WAC 388-310-1100);

     (f) On-the-job training (see WAC 388-310-1200);

     (g) Vocational educational training (see WAC 388-310-1000);

     (h) Basic education activities (see WAC 388-310-0900);

     (i) Job skills training (see WAC 388-310-1050);

     (j) Community service (see WAC 388-310-1400);

     (k) Activities provided by tribal governments for tribal members and other American Indians (see WAC 388-310-1400(1) and 388-310-1900);

     (l) Other activities identified by your case manager on your individual responsibility plan that will help you with situations such as drug and/or alcohol abuse, homelessness, or mental health issues; and/or

     (m) Activities identified by your case manager on your individual responsibility plan to help you cope with family violence as defined in WAC 388-61-001; and/or

     (n) Up to ten hours of financial literacy activities to help you become self-sufficient and financially stable.

     (3) If I am a mandatory participant, how much time must I spend doing WorkFirst activities?

     If you are a mandatory participant, you will be required to participate in the activities in your individual responsibility plan, and may be required to participate full time, working, looking for work or preparing for work. You might be required to participate in more than one part-time activity at the same time that add up to full time participation. You will have an individual responsibility plan (described in WAC 388-310-0500) that includes the specific activities and requirements of your participation.

     (4) What activities do I participate in after I get a job?

     You ((will)) may be required to participate in other activities, such as job search or training once you are working twenty hours or more a week in a paid unsubsidized job, to bring your participation up to full time.

     You may also engage in activities if you are working full time and want to get a better job.

     ((Post employment services (described in WAC 388-310-1800) include:

     (a) Activities that help you keep a job (called an "employment retention" service); and/or

     (b) Activities that help you get a better job or better wages (called a "wage and skill progression" service).))

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.08A.340. 09-15-084, § 388-310-0200, filed 7/14/09, effective 8/14/09. Statutory Authority: RCW 74.04.050, 74.08.090, 74.08A.340, and 2006 c 107. 06-24-023, § 388-310-0200, filed 11/29/06, effective 12/30/06. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. 02-15-067, § 388-310-0200, filed 7/11/02, effective 8/1/02. Statutory Authority: RCW 74.08A.340(2), 45 C.F.R. 260.31, RCW 74.08.090, and chapter 74.04 RCW. 00-16-055, § 388-310-0200, filed 7/26/00, effective 8/1/00. Statutory Authority: RCW 74.08.090, 74.04.050. 00-06-062, § 388-310-0200, filed 3/1/00, effective 3/1/00; 99-08-051, § 388-310-0200, filed 4/1/99, effective 5/2/99; 97-20-129, § 388-310-0200, filed 10/1/97, effective 11/1/97.]

     If you are a mandatory participant, you must follow instructions as written in your individual responsibility plan (see WAC 388-310-0500), which is written after you have participated in a comprehensive evaluation of elements related to your employability. If you have been identified as someone who needs necessary supplemental accommodation (NSA) services (defined in chapter 388-472 WAC) your case manager will first develop an accommodation plan to help you access WorkFirst services. The case manager will use the accommodation plan to help develop your IRP with you. If you have been identified as a victim of family violence (defined in WAC 388-61-001), you and your case manager will develop an IRP to help you with your situation, including referrals to appropriate services.

     If you are a mandatory participant, your case manager will refer you to WorkFirst activities unless any of the following applies to you:

     (a) You work thirty-two or more hours a week (or, if you are a member of a two-parent family, you work thirty-five hours or more a week). "Work" means to engage in any legal, income generating activity which is taxable under the United States tax code or which would be taxable with or without a treaty between an Indian Nation and the United States;

     (b) You participate the equivalent of twenty or more hours a week (or if you are a member of a two-parent family, you participate the equivalent of thirty or more hours a week) in job search, vocational education, issue resolution, or paid or unpaid work that meets the federal definition of core activities, which may include work of sixteen or more hours a week in the federal or state work study program, and you attend a Washington state community or technical college at least half time;

     (c) You work twenty or more hours a week (or if you are a member of a two-parent family, you work thirty or more hours a week) in unsubsidized employment and attend a Washington state community or technical college at least half time;

     (d) You are under the age of eighteen, have not completed high school, GED or its equivalent and are in school full time;

     (e) You are eighteen or nineteen years of age and are attending high school or an equivalent full time;

     (f) You are pregnant or have a child under the age of twelve months, and are participating in other pregnancy to employment activities. See WAC 388-310-1450;

     (g) Your situation prevents you from looking for a job and you are conducting activities identified on your IRP to help you with your situation. (For example, you may be unable to look for a job while you have health problems or you are homeless); or

     (h) Your situation prevents you from looking for work because you are a victim of family violence and you are conducting activities on your IRP to help you with your situation.

     (2) How will I know what my participation requirements are?

     (a) Your individual responsibility plan will describe what you need to do to be able to enter job search or other WorkFirst activities and then find a job (see WAC 388-310-0500 and 388-310-0700).

     (b) If you enter the pregnancy to employment pathway (described in WAC 388-310-1450(3)), you must take part in an assessment.

     (3) What happens if I do not follow my WorkFirst requirements?

     If you do not participate in creating an individual responsibility plan, job search, or in the activities listed in your individual responsibility plan, and you do not have a good reason, the department will follow the sanction rules in WAC 388-310-1600.

[Statutory Authority: 45 C.F.R. 260, 42 U.S.C. 601, chapters 74.08A and 74.12 RCW, RCW 74.04.050, 74.04.055, 74.08.090, and 74.04.057. 09-14-019, § 388-310-0400, filed 6/22/09, effective 7/23/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.08.090. 08-07-046, § 388-310-0400, filed 3/14/08, effective 5/1/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 06-08-044, § 388-310-0400, filed 3/30/06, effective 6/1/06. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. 02-15-067, § 388-310-0400, filed 7/11/02, effective 8/1/02. Statutory Authority: RCW 74.08.090, 74.04.050. 00-06-062, § 388-310-0400, filed 3/1/00, effective 3/1/00; 99-10-027, § 388-310-0400, filed 4/28/99, effective 5/29/99; 98-23-037, § 388-310-0400, filed 11/10/98, effective 12/11/98; 97-20-129, § 388-310-0400, filed 10/1/97, effective 11/1/97.]

     Community jobs is a paid work experience that assists you to gain work skills and experience. You are placed in a community job (up to twenty hours per week) where your wages are paid by the community jobs program. If you participate in the program, you are eligible for support services that assist you in moving into a job where your employer pays all your wages.

     (2) What is career jump?

     Career jump offers job-ready community jobs participants an opportunity to gain paid work experience that leads to a permanent job. This program is a subset of community jobs and will be referred to as such. Career jump places you in a part time (up to twenty hours per week), community job where your earnings are paid by the community jobs program, for up to five months, at which time you will transition to the employer's payroll. You will be provided with support services to assist you in retaining your job through the ninth month of the program. At or before the fifth month, the employment opportunity will be above minimum wage, thirty-two or more hours per week and include wage progression and benefits comparable to other employees.

     (3) Who administers the community jobs program?

     The state department of community, trade, and economic development (DCTED) administers the community jobs program. DCTED contract with local agencies throughout the state, known as community jobs contractors who develop and manage the community jobs positions, pay the wages, provide support services and act as the "employer of record" while you are enrolled in a community job.

     (4) What types of work sites are used to provide community jobs?

     The following work sites may be used to provide community jobs:

     (a) Federal, state or local governmental agencies and tribal governments;

     (b) Private and tribal nonprofit businesses, organizations and educational institutions;

     (c) Private for profit businesses for career jump placements.

     (5) What are the requirements for the work sites?

     Work sites for community jobs and career jump:

     (a) Must assist in strengthening work ethics, improve workplace skills and help you gain skills to move into a job where the employer pays all your wages. If they do not meet this requirement, they will not be considered for additional community jobs/career jump placements.

     (b) We will follow the employment rules described in WAC 388-310-1500. In any situation where training is inconsistent with the terms of a collective bargaining agreement, your community jobs contractor will obtain written approval from the labor organization concerned. Career jump employers will remain neutral with regard to neutralization in the worksite.

     (c) You will not be required to do work related to religious, electoral or partisan political activities.

     (6) What are the benefits of community jobs?

     You benefit from community jobs by:

     (a) Learning work skills;

     (b) Getting work experience;

     (c) Working twenty hours per week, while being paid federal or state minimum wage, whichever is higher; and

     (d) Earning paid personal leave as determined by DCTED.

     (7) How do I get into community jobs?

     You will be placed into community jobs after you and your DSHS case manager decide:

     (a) You would benefit from community jobs after you have participated in job search without finding a job; and/or

     (b) You need a supportive work environment to help you become more employable.

     (8) What happens after I am placed in the community jobs program?

     When you are placed in the community jobs program by DSHS:

     (a) You will be assigned to a community job by the community jobs contractor for no more than nine months. You will work twenty hours a week and participate in any other unpaid activities for twelve to twenty additional hours per week as required in your individual responsibility plan;

     (b) Your placement in community jobs will be reviewed by your DSHS case manager every three months during your nine-month placement for the following:

     (i) To ensure you are TANF/SFA eligible; and

     (ii) To verify any earned or unearned income received by you or another member of your assistance unit (that is, you and other people in your household who are included on your cash grant).

     (c) Your community jobs contractor will review your case each month to ensure you are following your IRP and IDP, participating full time, and becoming more employable because of your community job;

     (d) If you request a different community jobs placement, we do not consider your request a refusal to participate without good cause under WAC 388-310-1600. You may be asked to explain why you want a different placement;

     (e) Grievance policies are in place for your protection. You will be required to sign an acknowledgment that you received a copy of this policy at the time of placement with the employer.

     (9) How does community jobs affect my TANF benefits?

     The amount of your TANF/SFA monthly grant will be determined by following the rules in WAC 388-450-0050 and 388-450-0215 (1), (3), (4), (5) and (6). WAC 388-450-0215(2), does not apply to your community jobs wages.

     (10) What can I expect from my career jump placement?

     (a) You cannot represent more than ten percent of the total labor force for an employer that has ten or more employees.

     (b) No more than one community jobs participant shall be allowed per private for profit worksite supervisor.

     (c) You will participate in developing a career progression plan that will include health care benefits comparable to other employees.

     (d) You may be eligible for unemployment benefits if you have participated in community jobs' career jump and have worked at least six hundred eighty hours in a base year. You will gain unemployment insurance credits for all hours worked under your career jump placement.

     (e) Your employer and your community jobs contractor will be required to follow DCTED's contractual agreements for career jump.

[Statutory Authority: RCW 74.08.090, 74.04.050, 74.08A.330, and 74.08A.320. 02-20-073, § 388-310-1300, filed 9/30/02, effective 10/1/02. Statutory Authority: RCW 74.08.090 and 74.04.050. 99-08-051, § 388-310-1300, filed 4/1/99, effective 5/2/99. Statutory Authority: RCW 74.08.090, 74.04.050 and 74.08A.320. 98-10-054, § 388-310-1300, filed 4/30/98, effective 5/31/98.]

     The following section of the Washington Administrative Code is repealed:

WAC 388-310-2100

Career services program.

4232.3
AMENDATORY SECTION(Amending WSR 10-12-044, filed 5/26/10, effective 7/1/10)

WAC 388-310-1600   WorkFirst--Sanctions.   Effective July 1, 2010.

     (1) What WorkFirst requirements do I have to meet?

     You must do the following when you are a mandatory WorkFirst participant:

     (a) Give the department the information we need to develop your individual responsibility plan (IRP) (see WAC 388-310-0500);

     (b) Show that you are participating fully to meet all of the requirements listed on your individual responsibility plan;

     (c) Go to scheduled appointments listed in your individual responsibility plan;

     (d) Follow the participation and attendance rules of the people who provide your assigned WorkFirst services or activities; and

     (e) Accept available paid employment when it meets the criteria in WAC 388-310-1500.

     (2) What happens if I don't meet WorkFirst requirements?

     (a) If you do not meet WorkFirst requirements, we will send you a letter telling you what you did not do, and inviting you to a noncompliance sanction case staffing.

     (i) A noncompliance case staffing is a meeting with you, your case manager, and other people who are working with your family, such as representatives from tribes, community or technical colleges, employment security, the children's administration, family violence advocacy providers or limited-English proficient (LEP) pathway providers to review your situation and compliance with your participation requirements.

     (ii) You will be notified when your noncompliance sanction case staffing is scheduled so you can attend.

     (iii) You may invite anyone you want to come with you to your case staffing.

     (b) You will have ten days to contact us so we can talk with you about your situation. You can contact us in writing, by phone, by going to the noncompliance sanction case staffing appointment described in the letter, or by asking for an individual appointment.

     (c) If you do not contact us within ten days, we will make sure you have been screened for family violence and other barriers to participation. We will use existing information to decide whether:

     (i) You were unable to do what was required; or

     (ii) You were able, but refused, to do what was required.

     (d) If you had a good reason not to do a required activity we will work with you and may change the requirements in your individual responsibility plan if a different WorkFirst activity would help you move towards independence and employment sooner. If you have been unable to meet your WorkFirst requirements because of family violence, you and your case manager will develop an IRP to help you with your situation, including referrals to appropriate services.

     (3) What is considered a good reason for not doing what WorkFirst requires?

     You have a good reason if you were not able to do what WorkFirst requires (or get an excused absence, described in WAC 388-310-0500(5)) due to a significant problem or event outside your control. Some examples of good reasons include, but are not limited to:

     (a) You had an emergent or severe physical, mental or emotional condition, confirmed by a licensed health care professional that interfered with your ability to participate;

     (b) You were threatened with or subjected to family violence;

     (c) You could not locate child care for your children under thirteen years that was:

     (i) Affordable (did not cost you more than your copayment would under the working connections child care program in chapter 170-290 WAC);

     (ii) Appropriate (licensed, certified or approved under federal, state or tribal law and regulations for the type of care you use and you were able to choose, within locally available options, who would provide it); and

     (iii) Within a reasonable distance (within reach without traveling farther than is normally expected in your community).

     (iv) You could not locate other care services for an incapacitated person who lives with you and your children.

     (d) You had an immediate legal problem, such as an eviction notice; or

     (e) You are a person who gets necessary supplemental accommodation (NSA) services under chapter 388-472 WAC and your limitation kept you from participating. If you have a good reason because you need NSA services, we will review your accommodation plan.

     (4) What happens in my noncompliance sanction case staffing?

     (a) At your noncompliance case staffing we will ensure you were offered the opportunity to participate and discuss with you:

     (i) What happens if you are sanctioned and stay in sanction;

     (ii) How you can participate and get out of sanction;

     (iii) How you and your family benefit when you participate in WorkFirst activities;

     (iv) That if you continue to refuse to participate, without good cause, ((a sanction review panel may review)) your case((, and decide to close your case)) may be closed after you have been in sanction status for four months in a row;

     (v) How you plan to care for and support your children if ((a sanction review panel closed)) your case is closed. We will also discuss the safety of your family, as needed, using the guidelines under RCW 26.44.030; and

     (vi) How to reapply if ((a sanction review panel closes)) your case is closed.

     (b) If you do not come to your noncompliance sanction case staffing, we will make a decision based on the information we have.

     (5) What if we decide that you did not have a good reason for not meeting WorkFirst requirements?

     (a) Before you are placed in sanction, a supervisor will review your case to make sure:

     (i) You knew what was required;

     (ii) You were told how to end your sanction;

     (iii) We tried to talk to you and encourage you to participate; and

     (iv) You were given a chance to tell us if you were unable to do what we required.

     (b) If we decide that you did not have a good reason for not meeting WorkFirst requirements, and a supervisor approves the sanction, we will send you a letter that tells you:

     (i) What you failed to do;

     (ii) That you are in sanction status;

     (iii) Penalties that will be applied to your grant;

     (iv) When the penalties will be applied;

     (v) How to request a fair hearing if you disagree with this decision; and

     (vi) How to end the penalties and get out of sanction status.

     (c) We will also provide you with information about resources you may need if ((a sanction review panel closes)) your case is closed. If you are sanctioned, then we will actively attempt to contact you another way so we can talk to you about the benefits of participation and how to end your sanction.

     (6) What is sanction status?

     When you are a mandatory WorkFirst participant, you must follow WorkFirst requirements to qualify for your full grant. If you or someone else on your grant doesn't do what is required and you can't prove that you had a good reason, you do not qualify for your full grant. This is called being in WorkFirst sanction status.

     (7) Are there penalties when you or someone in your household goes into sanction status?

     (a) When someone in your household is in sanction status, we impose penalties. The penalties last until you or the household member meet WorkFirst requirements.

     (b) Your grant is reduced by one person's share or forty percent, whichever is more.

     (8) How do I end the penalties and get out of sanction status?

     To stop the penalties and get out of sanction status:

     (a) You must provide the information we requested to develop your individual responsibility plan; and/or

     (b) Start and continue to do your required WorkFirst activities for four weeks in a row (that is, twenty-eight calendar days).

     (c) When you leave sanction status, your grant will be restored to the level you are eligible for beginning the first of the month following your four weeks of participation. For example, if you finished your four weeks of participation on June 15, your grant would be restored on July 1.

     (9) What if I reapply for TANF or SFA and I was in sanction status when my case closed?

     If your case closes while you are in sanction status and is reopened, you will start out where you left off in sanction.

     That is, if you were in month two of sanction when your case closed, you will be in month three of sanction when you are approved for TANF or SFA.

     (10) What happens if I stay in sanction status?

     (a) We will send information to a ((sanction review panel)) supervisor or designee with a recommendation to close your case.

     (b) ((The sanction review panel)) A supervisor or designee will ((review your case and)) make the final decision.

     (c) If ((the sanction review panel)) the supervisor or designee approves case closure, your case will be closed after you have been in sanction for four months in a row.

     (11) ((What is a sanction review panel?

     (a) A sanction review panel is a small group of people who are independent of your local community services office and do a thorough, objective review of your sanction.

     (b) The sanction review panel makes the final decision about whether to close your case after receiving a recommendation from your case manager and reviewing your case to make sure the original sanction was appropriate and we made attempts to reengage you in the program.

     (12))) What happens when a ((sanction review panel decides to close)) supervisor or designee approves closure of my case?

     When a ((sanction review panel decides to close)) supervisor or designee approves closure of your case, we will send you a letter to tell you:

     (a) What you failed to do;

     (b) When your case will be closed;

     (c) How to request a fair hearing if you disagree with this decision;

     (d) How to end your penalties and keep your case open (if you are able to participate for four weeks in a row before we close your case); and

     (e) How your participation before your case is closed can be used to meet the participation requirement in subsection (((13))) (12).

     (((13))) (12) What if I reapply for TANF or SFA after a ((sanction review panel closed)) supervisor or designee approved case closure and my case was closed?

     If a ((sanction review panel closes)) supervisor or designee approves case closure and we close your case, you must participate for four weeks in a row before you can receive cash. Once you have met your four week participation requirement, your cash benefits will start, going back to the date we had all the other information we needed to make an eligibility decision.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 34.05.310, and chapters 74.08A and 74.12 RCW. 10-12-044, § 388-310-1600, filed 5/26/10, effective 7/1/10. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 34.05.310 (4)(c). 08-15-136, § 388-310-1600, filed 7/22/08, effective 8/22/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.500, 74.04.510, 74.08.090. 07-09-081, § 388-310-1600, filed 4/17/07, effective 6/1/07. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.260, chapter 74.08A RCW. 06-10-035, § 388-310-1600, filed 4/27/06, effective 6/1/06. Statutory Authority: RCW 74.08.090, 74.04.050, and 74.08A.340. 04-07-025, § 388-310-1600, filed 3/8/04, effective 5/1/04. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. 02-15-067, § 388-310-1600, filed 7/11/02, effective 8/1/02. Statutory Authority: RCW 74.08.090 and 74.04.050. 99-10-027, § 388-310-1600, filed 4/28/99, effective 5/29/99; 98-23-037, § 388-310-1600, filed 11/10/98, effective 12/11/98; 97-20-129, § 388-310-1600, filed 10/1/97, effective 11/1/97.]

     (1) To get DCA, you must:

     (a) Meet all the eligibility rules for temporary assistance for needy families (TANF)/state family assistance (SFA) except:

     (i) You do not have to participate in WorkFirst requirements as defined in chapter 388-310 WAC; and

     (ii) You do not have to assign child support rights or cooperate with division of child support as defined in chapter 388-422 WAC.

     (b) Have a current bona fide or approved need for living expenses;

     (c) Provide proof that your need exists; and

     (d) Have or expect to get enough income or resources to support yourselves for at least twelve months.

     (2) You may get DCA to help pay for one or more of the following needs:

     (a) Child care;

     (b) Housing;

     (c) Transportation;

     (d) Expenses to get or keep a job;

     (e) Food costs, but not if an adult member of your family has been disqualified for food stamps; or

     (f) Medical costs, except when an adult member of your family is not eligible because of failure to provide third party liability (TPL) information as defined in WAC 388-505-0540.

     (3) DCA payments are limited to:

     (a) One thousand ((five hundred)) two hundred fifty dollars once in a twelve-month period which starts with the month the DCA benefits begin; and

     (b) The cost of your need.

     (4) We do not budget your income or make you use your resources to lower the amount of DCA payments you can receive.

     (5) DCA payments can be paid:

     (a) All at once; or

     (b) As separate payments over a thirty-day period. The thirty-day period starts with the date of your first DCA payment.

     (6) When it is possible, we pay your DCA benefit directly to the service provider.

     (7) You are not eligible for DCA if:

     (a) Any adult member of your assistance unit got DCA within the last twelve months;

     (b) Any adult member of your assistance unit gets TANF/SFA;

     (c) Any adult member of your assistance unit is not eligible for cash assistance for any reason unless one parent in a two-parent-assistance unit is receiving SSI; or

     (d) Your assistance unit does not have a needy adult (such as when you do not receive TANF/SFA payment for yourself but receive it for the children only).

     (8) If you apply for DCA after your TANF/SFA grant has been terminated, we consider you an applicant for DCA.

     (9) If you apply for TANF/SFA and you received DCA less than twelve months ago:

     (a) We set up a DCA loan.

     (i) The amount of the loan is one-twelfth of the total DCA benefit times the number of months that are left in the twelve-month period.

     (ii) The first month begins with the month DCA benefits began.

     (b) We collect the loan only by reducing your grant. We take five percent of your TANF/SFA grant each month.

     (10) If you stop getting TANF/SFA before you have repaid the loan, we stop collecting the loan unless you get back on TANF/SFA.

[Statutory Authority: RCW 74.08.090, 74.04.050. 01-03-066, § 388-432-0005, filed 1/12/01, effective 3/1/01.]

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