AN ACT Relating to aid for minor parents; adding new sections to chapter 74.21 RCW; adding new sections to chapter 74.12 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature supports the policy of encouraging the care of dependent children in their own homes or in the homes of relatives to help maintain and strengthen family life and to help parents or relatives to attain maximum self-support and personal independence consistent with the maintenance of continuing parental care and protection. In furtherance of this policy the legislature finds that minor parents, with few exceptions, must live in specified protective situations to be eligible for aid to families with dependent children.

NEW SECTION. Sec. 2. Effective January 1, 1990, the department shall exercise the option regarding required living arrangements set forth in Section 403, Title IV of the family support act of 1988, P.L. 100-485.

NEW SECTION. Sec. 3. (1) Except as provided in subsection (2) of this section, any individual under the age of eighteen who has never married, and who has a dependent child in his or her care or is pregnant, and is otherwise eligible for aid to families with dependent children:

(a) May receive aid to families with dependent children only if the individual and child, or pregnant woman, reside in (i) the home maintained by a resident parent, legal guardian, or other adult relative of the individual or (ii) an alternative residential placement agreed upon by the individual and the individual's parent, or approved under chapter 13.32A RCW, and such placement does not receive foster care payments for providing care to the individual;

(b) The aid, where possible, shall be provided to the parent, legal guardian, other adult relative or alternative residential placement on behalf of the individual and child. The department shall make the payment out to the individual and send it to the address of the parent, legal guardian, other adult relative or alternative residential placement with whom the individual is residing.

(2) Subsection (1) of this section does not apply where:

(a) The individual has no parent or legal guardian or other adult relative who is living and whose whereabouts are known; however, in this situation, the department shall determine whether or not the circumstances warrant the filing of a petition under chapter 13.34 RCW. If the department determines that a dependency petition should be filed, the department shall do so immediately. In this situation, the individual shall still qualify for assistance until a final determination on the dependency petition is made by the court;

(b) No living parent, legal guardian, or other adult relative of the individual allows the individual to live in the parent, guardian, or adult relative's home; however, in this situation, the department shall determine whether or not the circumstances warrant the filing of a petition under chapter 13.34 RCW. If the department determines that a dependency petition should be filed, the department shall do so immediately. In this situation, the individual shall still qualify for assistance until a final determination on the dependency petition is made by the court;

(c) The juvenile court has determined, upon the filing of a written motion by the individual or the individual's representative, that the physical or emotional health or safety of the individual or the dependent child would be jeopardized if the individual and the dependent child lived with the individual's parent, legal guardian, or other adult relative; however, in this situation, the department shall determine whether or not the circumstances warrant the filing of a petition under chapter 13.34 RCW. If the department determines that a dependency petition should be filed, the department shall do so immediately. In this situation, the individual shall still qualify for assistance until a final determination on the dependency petition is made by the court;

(d) The individual has lived apart from his or her parent, legal guardian, or other adult relative for at least one year before either the birth of the dependent child or before applying for aid to families with dependent children; or

(e) The department otherwise determines under rule there is good cause for waiving subsection (1) of this section.

(3)(a) Once the individual states the provisions of subsection (2) of this section apply to his or her case and he or she is otherwise eligible for aid to families with dependent children benefits, the individual shall be considered to be eligible for, and shall receive, aid to families with dependent children benefits even though he or she is not living with his or her parent, legal guardian, or other adult relative of the individual or living in an alternative residential placement agreed upon by the individual and the individual's parent, or approved under chapter 13.32A RCW, which placement does not receive foster care payments for providing care to the individual;

(b) The individual remains eligible for aid to families with dependent children until the department determines the provisions of subsection (2) of this section do not exempt the individual from the requirements of subsection (1) of this section. The burden of proof is on the department;

NEW SECTION. Sec. 4. The legislature supports the policy of encouraging the care of dependent children in their own homes or in the homes of relatives to help maintain and strengthen family life and to help parents or relatives to attain maximum self-support and personal independence consistent with the maintenance of continuing parental care and protection. In furtherance of this policy the legislature finds that minor parents, with few exceptions, must live in specified protective situations to be eligible for aid to families with dependent children.

NEW SECTION. Sec. 5. Effective January 1, 1990, the department shall exercise the option regarding required living arrangements set forth in Section 403, Title IV of the family support act of 1988, P.L. 100-485.

NEW SECTION. Sec. 6. (1) Except as provided in subsection (2) of this section, any individual under the age of eighteen who has never married, and who has a dependent child in his or her care or is pregnant, and is otherwise eligible for aid to families with dependent children:

(b) The aid, where possible, shall be provided to the parent, legal guardian, other adult relative or alternative residential placement on behalf of the individual and child. The department shall make the payment out to the individual and send it to the address of the parent, legal guardian, other adult relative, or the alternative residential placement with whom the individual is residing.

(2) Subsection (1) of this section does not apply where:

(e) The department otherwise determines under rule there is good cause for waiving subsection (1) of this section.

NEW SECTION. Sec. 7. The department shall treat all children with whom it deals, whether or not the child is pregnant, equally.

NEW SECTION. Sec. 8. (1) Sections 1 through 3 of this act are each added to chapter 74.21 RCW;

(2) Sections 4 through 6 of this act are each added to chapter 74.12 RCW.