S-0873.2 _______________________________________________
SENATE BILL 5811
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State of Washington 54th Legislature 1995 Regular Session
By Senators Hochstatter, Moyer, Schow, Deccio, Strannigan, McCaslin, West and Oke
Read first time 02/07/95. Referred to Committee on Health & Long‑Term Care.
AN ACT Relating to establishment of paternity for purposes of receiving public assistance; adding a new section to chapter 74.08 RCW; adding a new section to chapter 74.12 RCW; creating new sections; and providing a contingent expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 74.08 RCW to read as follows:
(1) A family or assistance unit is not eligible for benefits for any child in any month that paternity has not been established for that child in the applicant's family or assistance unit. All children in the family unit are eligible for food stamps and medical assistance pending the paternity investigation. Applicants shall cooperate fully with the department in determining paternity unless there is good cause not to do so.
(2) The department shall adopt rules under chapter 34.05 RCW establishing criteria constituting circumstances of good cause for purposes of subsection (1) of this section.
(3) The secretary may allow exceptions to subsection (1) of this section where the secretary personally finds that life-threatening hardship would result from the denial of benefits.
NEW SECTION. Sec. 2. A new section is added to chapter 74.12 RCW to read as follows:
(1) A family or assistance unit is not eligible for benefits in any month that paternity has not been established for all children in the applicant's family or assistance unit. Applicants shall cooperate fully with the department in determining paternity unless there is good cause not to do so.
(2) The department shall adopt rules under chapter 34.05 RCW establishing criteria constituting circumstances of good cause for purposes of subsection (1) of this section.
(3) The secretary may allow exceptions to subsection (1) of this section where the secretary personally finds that life-threatening hardship would result from the denial of benefits.
NEW SECTION. Sec. 3. The governor and the department of social and health services shall seek all necessary exemptions and waivers from and amendments to federal statutes, rules, and regulations and shall report to the appropriate committees in the house of representatives and senate quarterly on the efforts to secure the federal changes to permit full implementation of this act at the earliest possible date.
NEW SECTION. Sec. 4. In the event that the department of social and health services is not able to obtain the necessary exemptions, waivers, or amendments referred to in section 3 of this act before January 1, 1998, this act shall expire on that date and shall have no further force or effect.
NEW SECTION. Sec. 5. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
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