AN ACT
Relating to the definition of "dependent child" for purposes of aid
to families with dependent children; amending RCW 74.12.010; adding new
sections to chapter 74.12 RCW; adding a new section to chapter 74.20A RCW; and
creating a new section.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
74.12.010 and 1992 c 136 s 2 are each amended to read as follows:
For
the purposes of the administration of aid to families with dependent children
assistance, the term "dependent child" means any child in need under
the age of eighteen years who has been deprived of parental support or care by
reason of the death, continued absence from the home, or physical or mental
incapacity of the parent, and who is living with a relative as specified under
federal aid to families with dependent children program requirements, in a
place of residence maintained by one or more of such relatives as his or their
homes.
Neither
the definition of "dependent child" under this section nor any other
provision under this chapter shall limit the requirements of the department to
provide notification to parents under section 2 of this act or limit the right
of a responsible parent to be excused from providing support for a dependent
child under sections 4 and 5 of this act.
The
term a "dependent child" shall, notwithstanding the foregoing, also
include a child who would meet such requirements except for his removal from
the home of a relative specified above as a result of a judicial determination
that continuation therein would be contrary to the welfare of such child, for
whose placement and care the state department of social and health services or
the county office is responsible, and who has been placed in a licensed or
approved child care institution or foster home as a result of such
determination and who: (1) Was receiving an aid to families with dependent
children grant for the month in which court proceedings leading to such determination
were initiated; or (2) would have received aid to families with dependent
children for such month if application had been made therefor; or (3) in the
case of a child who had been living with a specified relative within six months
prior to the month in which such proceedings were initiated, would have
received aid to families with dependent children for such month if in such
month he had been living with such a relative and application had been made
therefor, as authorized by the Social Security Act: PROVIDED, That to the
extent authorized by the legislature in the biennial appropriations act and to
the extent that matching funds are available from the federal government, aid
to families with dependent children assistance shall be available to any child
in need who has been deprived of parental support or care by reason of the
unemployment of a parent or stepparent liable under this chapter for support of
the child.
"Aid
to families with dependent children" means money payments, services, and remedial
care with respect to a dependent child or dependent children and the needy
parent or relative with whom the child lives and may include another parent or
stepparent of the dependent child if living with the parent and if the child is
a dependent child by reason of the physical or mental incapacity or
unemployment of a parent or stepparent liable under this chapter for the
support of such child.
NEW
SECTION. Sec. 2. A new
section is added to chapter 74.12 RCW to read as follows:
(1)
Whenever the department receives an application for assistance on behalf of a
child under this chapter and an employee of the department has reason to
believe that the child has suffered abuse or neglect, the employee shall cause
a report to be made as provided under chapter 26.44 RCW.
(2)
Whenever the department approves an application for assistance on behalf of a
child under this chapter, the department shall make a reasonable effort to
determine whether the child is living with a parent of the child. Whenever the
child is living in the home of a relative other than a parent of the child, the
department shall make reasonable efforts to notify the parent with whom the
child has most recently resided that an application for assistance on behalf of
the child has been approved by the department and shall advise the parent of
his or her rights under sections 2 through 5 of this act, unless good cause
exists not to do so based on a substantiated claim that the parent has abused
or neglected the child.
(3)
Upon written request of the parent, the department shall notify the parent of
the address and location of the child, unless there is a current investigation
or pending case involving abuse or neglect by the parent under chapter 13.34
RCW.
(4) The
department shall notify and advise the parent of the provisions of the family
reconciliation act under chapter 13.32A RCW.
NEW
SECTION. Sec. 3. A new
section is added to chapter 74.12 RCW to read as follows:
The
department shall make reasonable efforts to notify the parent under section
2(2) of this act as soon as reasonably possible, but no later than seven days
after approval of the application by the department.
NEW
SECTION. Sec. 4. A new
section is added to chapter 74.12 RCW to read as follows:
A
parent may be excused from providing support for a dependent child receiving
assistance as provided under section 5 of this act.
NEW
SECTION. Sec. 5. A new
section is added to chapter 74.20A RCW to read as follows:
(1)
For the purpose of this title or Title 26 RCW, a responsible parent shall be
excused from providing support for a dependent child receiving public
assistance, if the responsible parent is the legal custodian of the child and
the parent meets the requirements under this section. The responsible parent
shall only be excused for any period during which the parent meets the
requirements. In order to be excused, the responsible parent must establish:
(a) He
or she is the legal custodian of the child;
(b)
When there is a question or dispute regarding the parent having legal custody
of the child, a court or administrative tribunal of competent jurisdiction has
entered an order providing legal and physical custody of the child to the
responsible parent;
(c)
When a custody order is required under (b) of this subsection, the custody
order has not been modified, superseded, or dismissed;
(d)
The child receiving public assistance left the home of the responsible parent
without that parent's consent and there is no current investigation, pending
case, or court order involving abuse or neglect by the parent under chapter
13.34 RCW; and
(e)
Within a reasonable time after the child's absence from the home, he or she has
exerted reasonable efforts to regain physical custody of the child.
(2)
The department shall adopt rules to implement the requirements of this section.
NEW
SECTION. Sec. 6. By
October 1, 1995, the department shall request the governor to seek
congressional action on any federal legislation that may be necessary to
implement any sections of this act. By October 1, 1995, the department shall
request the governor to seek federal agency action on any federal regulation
that may require a federal waiver. By January 1 of each year, the department
shall report to the legislature on the status of its efforts to obtain any
federal statutory or regulatory waivers provided in this section. If all
federal statutory or regulatory waivers necessary to fully implement this act
have not been obtained, the department shall report the extent to which this
act can be implemented without receipt of such waivers. The reporting
requirement under this section shall terminate upon a report from the
department that all waivers necessary to implement this act have been obtained.
NEW SECTION. Sec. 7. If any
provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected.
