PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 11-15-094.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-310-1400 WorkFirst -- Community service.
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 October 25, 2011, at 10:00 a.m.
Date of Intended Adoption: Not earlier than October 26, 2011.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on October 25, 2011.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by October 12, 2011, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to expand the definition of WorkFirst community service to include a recipient's self-initiated volunteer service at a childcare or preschool licensed under chapter 43.215 RCW, or at an elementary school in which the recipient's child is enrolled.
Reasons Supporting Proposal: This change is being proposed to expand the opportunity for parents to bond with their children and gain employment related experience while providing a benefit to the community. These changes are necessary to conform to ESSB 5921, section 8.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.250.
Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.250.
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 rule does not have an economic impact on small businesses. The proposed amendment clarifies that TANF/SFA families who participate in the WorkFirst program may volunteer in self-directed activities at a childcare, licensed preschool, or elementary school attended by their child as an approved WorkFirst activity.
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 rule clarifies that parents participating in the WorkFirst program may choose to volunteer at their child's licensed childcare or preschool or elementary school as an approved WorkFirst activity.
September 16, 2011
Katherine I. Vasquez
Rules Coordinator
4313.2Community service is unpaid work (such as the work performed by volunteer workers) that:
(a) You perform for a charitable nonprofit organization, federal, state, local or tribal government or district, including traditional activities that perpetuate tribal culture and customs; or
(b) You self-initiate at a childcare or preschool facility licensed under chapter 43.215 RCW, or at an elementary school in which your child is enrolled.
(2) What other activities may be approved, even though they are not considered community service, because they benefit me, my family, my community or my tribe and might be included in my individual responsibility plan?
((The following types [of] activities may be approved, even though they are not
considered community service, because they benefit you, your
family, your community or your tribe and might be included in
your individual responsibility plan:))
(a) Caring for a disabled family member;
(b) Caring for a child, if you are fifty-five years old or older and receiving TANF or SFA assistance for the child as a relative (instead of as the child's parent);
(c) Providing childcare for another WorkFirst participant who is doing community service;
(d) Actively participating in a drug or alcohol assessment or treatment program which is certified or contracted by the state under chapter 70.96A RCW;
(e) Participating in family violence counseling or drug or alcohol treatment that will help you become employable or keep your job (this is called "specialized services" in state law);
(f) Participating in the pregnancy to employment pathway; and/or
(g) Job preparation.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.08.090. 08-07-046, § 388-310-1400, filed 3/14/08, effective 5/1/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 05-13-030, § 388-310-1400, filed 6/3/05, effective 7/4/05. Statutory Authority: RCW 74.08.090, 74.04.050. 00-06-062, § 388-310-1400, filed 3/1/00, effective 3/1/00; 99-10-027, § 388-310-1400, filed 4/28/99, effective 5/29/99; 97-20-129, § 388-310-1400, filed 10/1/97, effective 11/1/97.]