SENATE BILL REPORT

SHB 1668

BYHouse Committee on Human Services (originally sponsored by Representatives Anderson, Moyer, Locke, Bristow, Jacobsen and Wineberry; by request of Department of Social and Health Services)

Providing for public assistance.

House Committe on Human Services

Senate Committee on Children & Family Services

Senate Hearing Date(s):March 29, 1989; March 30, 1989

Majority Report:  Do pass as amended.

      Signed by Senators Smith, Chairman; Craswell, Vice Chairman; Bailey, Stratton.

Senate Staff:Jennifer Strus (786-7472)

                  March 31, 1989

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES,  MARCH 30, 1989

BACKGROUND:

State law describing the release of client addresses to parents who have been awarded visitation rights appears both in public assistance and child support enforcement chapters.

Certain property and forms of income such as household furnishings, personal effects, burial insurance, and cash and life insurance under specified limits are exempt from counting toward the resource and income limitations in the General Assistance-Unemployable program.

The department is allowed to grant public assistance to persons with property in excess of the property limits when the person is making a good faith effort to dispose of the property, agrees in writing to dispose of the property and repay assistance received up to the time of the disposal of the property.  If after nine months, the property has not been sold or the person terminates assistance for any other reason, the person is liable for the full amount of the assistance received.

Income that is received by an applicant or recipient, regardless of its actual availability, is counted as income to the client. Exemptions of specific types of income from public assistance limits are listed.

The department is required to provide community work and training pilot programs for recipients of Aid to Families with Dependent Children and food stamps.  They are also required to establish wage subsidy pilot programs.

SUMMARY:

The provisions regarding disclosure of a client's address to a parent with visitation rights are deleted from the public assistance chapter.

Restitution payments, and any income or resources derived from the payments, to people of Japanese or Aleut ancestry under the federal Civil Liberties Act of 1988 are exempt from counting as income or resources in all public assistance programs including determining eligibility for Medicaid.

The procedures for calculating an overpayment based on excess property are clarified to allow assistance for only nine months, requiring listing of the property for sale, specifying the penalty for ceasing to make a good faith effort to sell the property, advising the client of his or her rights to a fair hearing, and requiring a lien to be filed on the property.

Income received by an applicant or recipient that is not available for his or her own needs is not counted as income to the client.

The department is not required to establish community work and training programs or wage subsidy programs but may choose to have such programs.

Evaluating a home for suitability and the procedures for either paying assistance or removing the child from such home are deleted.

The cross-references in the Senior Citizens Act are corrected to reflect that income, resources, and need are to be defined by current public assistance law.

There is an emergency clause.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Effective Date:The bill contains an emergency clause and takes effect on July 1, 1989.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The section exempting restitution payments pursuant to federal law to persons of Japanese and Aleut ancestry for purposes of determining eligibility of public assistance and participation levels of medical assistance is removed.

Enrollees under the Family Independence Program (FIP) are defined as those heads of households who are eligible for and are receiving benefits and services under FIP.

An unmarried minor who has a child in his or her care or who is pregnant may receive aid to families with dependent children only if the individual resides in the home of a parent, legal guardian or other adult relative or in an alternative residential placement agreed upon by the individual and his or her parent.  The alternative placement must be one that does not receive foster care payments for the individual.

The Department of Social and Health Services (DSHS) shall provide the AFDC check in the individual's name and send it to the address of the parent, legal guardian, relative or residential placement where the individual resides.

DSHS must determine if a dependency petition should be filed where the individual has no parent, guardian or relative or where the parent, guardian or relative refuses to allow the individual to live in his or her home, or where the juvenile court has determined that the physical or emotional safety of the individual or child will be jeopardized if they reside with the parent, guardian or relative.

Once the individual states an exception applies, he or she remains eligible for AFDC benefits until DSHS determines otherwise.  The burden of proof is on DSHS.

DSHS must provide social services to all children as prescribed by law regardless of their eligibility for financial assistance.

Senate Committee - Testified: Bernice Morehead, DSHS (pro)