2589-S AMS HEA S5181.1

SHB 2589 - S COMM AMD

By Committee on Heath & Long-Term Care

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  A new section is added to chapter 74.08 RCW to read as follows:

    (1) As a condition of eligibility for temporary assistance for needy families, applicants shall cooperate in good faith in establishing the paternity of, or in establishing, modifying, or enforcing a support order for, any child of the applicant by providing the department with the name of the noncustodial parent of the applicant's child or children.

    (2) The condition specified in subsection (1) of this section shall not apply in those cases where the applicant claims good cause for noncooperation due to one of the following circumstances:

    (a) The applicant's cooperation can reasonably be anticipated to result in serious physical or emotional harm which is detrimental to the:

    (i) Child; or

    (ii) Applicant, to the extent the impairment reduces the applicant's capacity to adequately care for the child; or

    (b) Establishing paternity or securing support would be detrimental to the child for whom support is sought and the child was conceived as a result of incest or forcible rape.

    (3) The applicant shall corroborate a good cause claim with the following types of evidence:

    (a) Birth, medical, or law enforcement records which show the child was conceived as the result of incest or forcible rape;

    (b) Court, medical, criminal, child protective services, social services, psychological, or law enforcement records which indicate that the noncustodial parent might inflict emotional or physical harm on the applicant or the child for whom support is sought;

    (c) Medical records or written statements from a mental health professional, with a diagnosis or prognosis concerning the emotional health of the applicant or the child for whom support is sought; or

    (d) Sworn statements from persons other than the client, who have knowledge of the circumstances which provide the basis of the good cause claim.

    (4) When a good cause claim is based on the anticipation of physical harm to the child or to the applicant and corroborative evidence of the claim is not provided by the client, the department shall:

    (a) Investigate the claim when the department believes:

    (i) The claim is credible without evidence; and

    (ii) No evidence is available;

    (b) Find good cause if the applicant's statement and the conducted investigation satisfies the department that the applicant has good cause for refusing to cooperate; and

    (c) Subject good cause approved under these circumstances to supervisory approval."

SHB 2589 - S COMM AMD

By Committee on Heath & Long-Term Care

    On page 1, line 2 of the title, after "families;" strike the remainder of the title and insert "and adding a new section to chapter 74.08 RCW."

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