BP BHEAD INT S

AN ACT Relating to minors receiving aid to families with dependent children; amending RCW 74.04.0052 and 74.12.255; creating new sections; providing an effective date; providing a contingent expiration date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 74.04.0052 and 1994 c 299 s 34 are each amended to read as follows:

(1) The department shall determine, after consideration of all relevant factors and in consultation with the applicant, the most appropriate living situation for applicants under eighteen years of age, unmarried, and pregnant who are eligible for general assistance as defined in RCW 74.04.005(6)(a)(ii)(A). Appropriate living situations shall include a place of residence maintained by the applicant's parent, legal guardian, or other adult relative as their own home, or other appropriate supportive living arrangement supervised by an adult ((~~where feasible and~~)) consistent with federal regulations under 45 C.F.R. chapter II, section 233.107.

(2) An applicant under eighteen years of age who is pregnant and is not living in a situation described in subsection (1) of this section shall be ((presumed to be unable to manage adequately the funds paid on behalf of the dependent child and, unless the teenage custodial parent demonstrates otherwise, shall be subject to the protective payee requirements provided for under RCW 74.12.250 and 74.08.280)) ineligible for a financial grant.

(3) The department shall consider any statements or opinions by either parent of the teen recipient as to an appropriate living situation for the teen, whether in the parental home or other situation. If the parents of the teen head of household applicant for assistance request, they shall be entitled to a hearing in juvenile court regarding the fitness and suitability of their home as the top priority choice for the pregnant or parenting teen applicant for assistance.

The parents shall have the opportunity to make a showing, based on the preponderance of the evidence, that the parental home is the most appropriate living situation.

(4) In cases in which the head of household is under eighteen years of age, unmarried, unemployed, and requests information on adoption, the department shall, as part of the determination of the appropriate living situation, provide information about adoption including referral to community-based organizations for counseling.

Sec. 2. RCW 74.12.255 and 1994 c 299 s 33 are each amended to read as follows:

(1) The department shall determine, after consideration of all relevant factors and in consultation with the applicant, the most appropriate living situation for applicants under eighteen years of age, unmarried, and either pregnant or having a dependent child in the applicant's care. Appropriate living situations shall include a place of residence maintained by the applicant's parent, legal guardian, or other adult relative as their own home, or other appropriate supportive living arrangement supervised by an adult ((~~where feasible and~~)) consistent with federal regulations under 45 C.F.R. chapter II, section 233.107.

(2) An applicant under eighteen years of age who is either pregnant or has a dependent child and is not living in a situation described in subsection (1) of this section shall be ((presumed to be unable to manage adequately the funds paid on behalf of the dependent child and, unless the teenage custodial parent demonstrates otherwise, shall be subject to the protective payee requirements provided for under RCW 74.12.250 and 74.08.280)) ineligible for a financial grant.

(3) The department shall consider any statements or opinions by either parent of the teen recipient as to an appropriate living situation for the teen, whether in the parental home or other approved supervised situation. If the parents of the teen head of household applicant for assistance request, they shall be entitled to a hearing in juvenile court regarding the fitness and suitability of their home as the top priority choice for the pregnant or parenting teen applicant for assistance.

The parents shall have the opportunity to make a showing, based on the preponderance of the evidence, that the parental home is the most appropriate living situation.

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 RCW 74.04.0052 and 74.12.255 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.

NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.