WSR 10-23-111

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed November 17, 2010, 8:46 a.m. ]

Supplemental Notice to WSR 10-19-132.

Preproposal statement of inquiry was filed as WSR 10-16-149 and 10-01-161.

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-436-0015 Consolidated emergency assistance program (CEAP), 388-436-0020 CEAP assistance unit composition, and 388-436-0030 Eligibility for CEAP depends on other possible cash benefits.

Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html or by calling (360) 664-6094), on December 21, 2010, at 10:00 a.m.

Date of Intended Adoption: Not earlier than December 21, 2010.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on December 21, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by December 7, 2010, 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: The department is clarifying that CEAP is a program of last resort, available only when the applicant is not receiving or potentially eligible to receive benefits from other state or federal programs. The amendments also clarify that the department can issue CEAP benefits to families terminated from TANF/SFA for noncompliance, but who are currently reapplying for TANF and participating in the four week requirement.

Finally, the proposal clarifies that the department may terminate CEAP if the funds appropriated for the program are exhausted. These clarifications to the regulations do not alter existing department practices and offer clearer communication to the public.

Reasons Supporting Proposal: These changes are being proposed to ensure that CEAP operates as a program of last resort. Failing to refer applicants to more appropriate benefit programs may cause CEAP funds to deplete sooner than desired.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.660.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.660.

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: Kerry Judge-Kemp, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4630.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not have an economic impact on small businesses. The proposed amendments clarify that TANF/SFA families who have their cash grant terminated under WAC 388-310-1600 may qualify for CEAP even when case closure hasn't occurred within the last six months.

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." The proposed rules clarify that TANF/SFA families who have their cash grant terminated under WAC 388-310-1600 may qualify for CEAP even when case closure hasn't occurred within the last six months.

November 9, 2010

Katherine I. Vasquez

Rules Coordinator

4231.3
AMENDATORY SECTION(Amending WSR 07-07-103, filed 3/19/07, effective 4/19/07)

WAC 388-436-0015   Consolidated emergency assistance program (CEAP).   (1) CEAP is available to the following ((persons)):

(a) A pregnant woman in any stage of pregnancy; or

(b) Families with dependent children, including((, within available funds,)) families who have stopped receiving their TANF grant ((within the last six months)) under WAC 388-310-1600 so long as:

(i) The dependent child is living with a parent or a relative of specified degree as defined under WAC 388-454-0010; or

(ii) The dependent child has lived with such a relative within six months of the request for assistance.

(2) Applicants must be residents of Washington state as defined in WAC 388-468-0005.

(3) Applicants must demonstrate a financial need for emergency funds for one or more of the following basic requirements:

(a) Food;

(b) Shelter;

(c) Clothing;

(d) Minor medical care;

(e) Utilities;

(f) Household maintenance supplies;

(g) Necessary clothing or transportation costs to accept or retain a job; or

(h) Transportation for a minor, not in foster care, to a home where care will be provided by family members or approved caretakers.

(4) Payment under this program is limited to ((not more than thirty consecutive days)) one time within ((a period of)) twelve consecutive months for a period covering no more than thirty consecutive days.

(5) The department may discontinue the program if state funds appropriated for CEAP are exhausted.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 07-07-103, 388-436-0015, filed 3/19/07, effective 4/19/07. Statutory Authority: RCW 74.04.050, 74.04.055, and 74.04.057. 04-05-013, 388-436-0015, filed 2/6/04, effective 3/8/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-436-0015, filed 7/31/98, effective 9/1/98.]


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

WAC 388-436-0020   CEAP assistance unit composition.   (1) ((To be eligible for CEAP, a child must be living with:

(a) A parent or a relative of specified degree as defined under WAC 388-454-0010; or

(b) Has lived with such a relative within six months of the request for assistance.

(2))) The following persons living in the household must be included as members of the CEAP assistance unit:

(a) All full, half, or adopted siblings under eighteen years of age, including a minor parent; and

(b) The parent, adoptive parent, or stepparent living with the child or children.

(((3))) (2) The following persons living in the household do not have to be included but may be included as members at the option of the applicant:

(a) One caretaker relative of specified degree when the child's parent does not live in the home;

(b) Stepbrothers or stepsisters to all children in the assistance unit.

(((4))) (3) The following persons may make up a CEAP assistance unit without including others living in the home:

(a) The child of a parent who is a minor when the minor parent is not eligible due to the income and resources of his/her parents; or

(b) A pregnant woman when no other child is in the home.

(((5))) (4) The following persons living in the household are not included as members of the CEAP assistance unit:

(a) A household member receiving Supplemental Security Income (SSI);

(b) A household member ineligible due to reasons stated in WAC ((388-436-0025 and)) 388-436-0030.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-436-0020, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 07-07-103, filed 3/19/07, effective 4/19/07)

WAC 388-436-0030   Eligibility for CEAP depends on other possible cash benefits.   (1) Before the department approves CEAP benefits, we must determine that all household members are ineligible for benefits from any of the following programs:

(a) Temporary assistance for needy families (TANF) or state family assistance (SFA), unless the family has had its cash grant terminated under WAC 388-310-1600 ((within the last six months));

(b) Refugee cash assistance (RCA);

(c) Diversion cash assistance (DCA); or

(d) Disability lifeline (DL).

(2) ((To receive CEAP, the applicant must)) Before the department grants CEAP benefits, the department may require the applicant, or anyone in the assistance unit, to apply for and take any required action to receive benefits from the following programs:

(a) TANF or SFA, unless the family has had its case grant terminated ((under)) due to WAC 388-310-1600 within the last six months;

(b) RCA;

(c) Disability lifeline (DL);

(d) Supplemental security income (SSI);

(((d))) (e) Medical assistance for those applicants requesting help for a medical need;

(((e))) (f) Food assistance for those applicants requesting help for a food need;

(((f))) (g) Housing assistance from any available source for those applicants requesting help for a housing need;

(((g))) (h) Unemployment compensation, veteran's benefits, industrial insurance benefits, Social Security benefits, pension benefits, or any other source of financial benefits the applicant is potentially eligible to receive.

(3) The department may not authorize CEAP benefits to any household containing a member who is:

(a) Receiving cash benefits from any of the following programs:

(i) TANF/SFA;

(ii) RCA;

(iii) DCA; or

(iv) DL.

(b) Receiving reduced cash benefits for failure to comply with program requirements of TANF/SFA, or RCA. ((This restriction does not apply to families who have stopped receiving TANF cash benefits under WAC 388-310-1600 within the last six months)).

(4) The department may authorize CEAP to families reapplying for TANF/SFA who are not eligible for TANF cash benefits under WAC 388-310-1600 until they complete the four week participation requirement.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 07-07-103, 388-436-0030, filed 3/19/07, effective 4/19/07. Statutory Authority: RCW 74.04.660. 99-24-130, 388-436-0030, filed 12/1/99, effective 1/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-436-0030, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office