WSR 11-21-061

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed October 14, 2011, 9:32 a.m. , effective October 14, 2011, 9:32 a.m. ]


     Effective Date of Rule: Immediately.

     Purpose: The department is amending WAC 388-460-0035 to assign a protective payee to a person receiving public assistance if the recipient illegally used a public assistance electronic benefit transfer (EBT) card or cash obtained with an EBT card two or more times. Illegal use includes infractions, felonies, or violations referenced in WAC 388-412-0046 or WAC 388-446-0020. A second emergency rule is required to comply with ESSB 5921, section 14, while the department continues the permanent rule-making process.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-460-0035.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08.580.

     Other Authority: ESSB 5921, chapter 42, Laws of 2011.

     Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

     Reasons for this Finding: ESSB 5921, chapter 42, Laws of 2011.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: October 13, 2011.

Katherine I. Vasquez

Rules Coordinator

4312.3
AMENDATORY SECTION(Amending WSR 02-14-083, filed 6/28/02, effective 7/1/02)

WAC 388-460-0035   When is a protective payee assigned for mismanagement of funds?   (1) The decision to assign a person to a protective payee because of mismanagement of funds must be based on law or with proof the client is unable to manage their cash benefits. The proof must be current and show how this threatens the well being of a child or client on ((TANF/SFA, GA or WCCC)) public assistance. Examples of proof are:

     (a) Department employees or others observe that the client or client's children are hungry, ill, or not adequately clothed;

     (b) Repeated requests from the client for extra money for basic essentials such as food, utilities, clothing, and housing;

     (c) A series of evictions or utility shut off notices within the last twelve months;

     (d) Medical or psychological evaluations showing an inability to handle money;

     (e) Persons having had ((an ADATSA)) a chemical dependency assessment and who are participating in ((ADATSA-funded)) chemical dependency treatment;

     (f) ((Not paying an in home child care provider for services when payment has been issued to the client by the department for that purpose;

     (g))) A complaint from businesses showing a pattern of failure to pay bills or rent;

     (((h))) (g) ((Using public assistance electronic benefits transfer (EBT) card or cash obtained through EBT to purchase or pay for lottery tickets, pari-mutuel wagering, or any of the activities authorized under chapter 9.46 RCW)) Notice from the office of fraud and accountability that a client illegally used a public assistance electronic benefits transfer (EBT) card or cash obtained with an EBT card two or more times. Illegal use includes infractions, felonies, or violations referenced in WAC 388-412-0046 or WAC 388-446-0020.

     (2) A lack of money or a temporary shortage of money because of an emergency does not constitute mismanagement.

     (3) When a client has a history of mismanaging money, benefits can be paid through a protective payee or directly to a vendor.

[Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. 02-14-083, § 388-460-0035, filed 6/28/02, effective 7/1/02.]

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