WSR 11-22-041

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed October 27, 2011, 9:58 a.m. , effective October 30, 2011 ]


Effective Date of Rule: October 30, 2011.

Purpose: The department is amending WAC 388-310-1400 to expand the definition of WorkFirst community service to include a TANF/SFA 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. This amendment is necessary to conform to ESSB 5921, section 8(6).

Citation of Existing Rules Affected by this Order: Amending WAC 388-310-1400.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.57 [74.04.057].

Other Authority: ESSB 5921, section 8(6).

Under RCW 34.05.350 the agency for good cause finds that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012 or 2013, 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: These changes are necessary to conform to ESSB 5921, section 8(6). The department has already expanded the definition of WorkFirst community service. This amendment is already in place via an emergency adoption by WSR 11-14-081 dated July 1, 2011, which expires October 29, 2011. The department has filed a Preproposal statement of inquiry as WSR 11-15-094 on July 20, 2011, and filed a Proposed rule making notice as WSR 11-19-109 on September 21, 2011. A second emergency rule is required because the department will be unable to complete the permanent rule adoption process before the existing emergency rule expires.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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 1, Repealed 0.

Date Adopted: October 24, 2011.

Katherine I. Vasquez

Rules Coordinator

4313.2
AMENDATORY SECTION(Amending WSR 08-07-046, filed 3/14/08, effective 5/1/08)

WAC 388-310-1400   WorkFirst--Community service.   (1) What is community service?

Community 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.]

Washington State Code Reviser's Office