SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed October 15, 2021, 9:02 a.m.]

Preproposal statement of inquiry was filed as WSR 21-13-124.

Title of Rule and Other Identifying Information: The department is proposing amendments to WAC 388-310-0800 WorkFirst—Support services, and 388-310-1800 WorkFirst—Post employment services.

Hearing Location(s): On November 23, 2021, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington [Street S.E.], Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/office-of-the-secretary/driving-directions-office-bldg-2; or virtual. Due to the impacts of the COVID-19 pandemic, hearings are being held virtually. Please see the DSHS website for the most current information.

Date of Intended Adoption: Not earlier than November 24, 2021.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., November 23, 2021.

Assistance for Persons with Disabilities: Contact Shelley Tencza, rules consultant, phone 360-664-6198, fax 360-664-6185, TTY 711 relay service, email tenczsa@dshs.wa.gov [tencza@dshs.wa.gov], by 5:00 p.m., November 9, 2021.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed amendments expand access to support services for WorkFirst participants by allowing more supports for participation activities, increasing the annual support services limit to $5000 per person per program year, and providing certain post-temporary assistance for needy families (TANF) transportation related supports for up to three months after exiting TANF.

Reasons Supporting Proposal: Amendments allow further accessibility to support services and provide additional support to mitigate potential cliff effects when someone is leaving TANF due to employment.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, 74.08A.120, and 74.08A.250.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: DSHS, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jennie Fitzpatrick, P.O. Box 45470, Olympia, WA 98504, 360-688-6275.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. This amendment is 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."

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 34.05.328 (5)(b)(vii).

Explanation of exemptions: The proposed amendments do not impact small businesses. They only impact DSHS clients. This amendment is exempt as allowed under RCW 34.05.328 (5)(b)(vii).

Katherine I. Vasquez

AMENDATORY SECTION(Amending WSR 15-18-024, filed 8/25/15, effective 9/25/15)

WAC 388-310-0800WorkFirst—Support services.

(1) Who can get support services?

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 while in noncompliance sanction who are doing activities required to reopen cash assistance (WAC 388-310-1600);

(c) TANF/SFA applicants as needed to meet the WorkFirst orientation requirements under WAC 388-400-0005(2) or 388-400-0010(3);

(d) 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.

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

(f) Former WorkFirst participants who are working at least 15 hours per week or more, for up to three months after leaving TANF if they need employment-related transportation support services to meet a temporary need or emergency.

(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))110-15 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))five thousand dollars per person per program year (July 1st to June 30th) for WorkFirst support services you may receive. ((Some types of support services have dollar limit restrictions.))

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

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

Type of Support Service	Restrictions	• Work	•• Safety	••• Other
Reasonable accommodation for employment		x
Clothing/uniforms		x
Diapers		x	x	x
Haircut		x
Lunch	Same rate as established by OFM for state employees	x
Personal hygiene		x	x	x
Professional, trade, association, union and bonds		x		x
Relocation related to employment or safety (can include rent, housing, and deposits)		x	x
Short-term lodging and meals in connection with job interviews/tests	Same rate as established by OFM for state employees	x
Tools/equipment		x	x	x
Car repair needed to restore car to operable condition		x	x	x
License/fees		x	x	x
Mileage reimbursement	Same rate as established by OFM for state employees	x	x	x
Transportation allotment, including fuel support		x	x	x
Counseling		x	x	x
Educational expenses		x	x	x
Medical exams (not covered by medicaid)		x	x	x
Public transportation		x	x	x
Testing-diagnostic		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 consider whether:

(a) It is within available funds; and

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

(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.

AMENDATORY SECTION(Amending WSR 20-22-020, filed 10/23/20, effective 11/23/20)

WAC 388-310-1800WorkFirst—Post employment services.

(1) What is the purpose of post employment services?

Post employment services help 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?

You may obtain post employment services by:

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

(b) Contacting community or technical colleges; or

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

(a) The employment security department may 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 may 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 under chapter 110-15 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 basic food ((stamps)) or help with getting child support that is due to you and your children.

(5) Who is eligible for post employment services?

(a) If you are a current TANF or SFA recipient, you may qualify for post employment services if you are working ((twenty))20 hours or more a week, unless you are in sanction status.

(b) If you are a former TANF or SFA recipient, unless you are in sanction status, you may qualify for post-TANF employment transportation support services for up to three months after exiting TANF or SFA, if you are working 15 hours or more per week.

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

If you now receive TANF or SFA, help is available to you so that you may 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 may approve support services and childcare for you.