WSR 97-08-034

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed March 27, 1997, 11:09 a.m., effective May 1, 1997]

Date of Adoption: March 26, 1997.

Purpose: To comply with the federal requirement in Public Law 104-193 that temporary assistance for needy families (TANF) be denied to persons convicted of drug-related felonies.

Citation of Existing Rules Affected by this Order: Amending WAC 388-215-1570 Denial of assistance to persons convicted of drug-related felonies.

Statutory Authority for Adoption: RCW 74.04.050 and 74.04.055.

Other Authority: Public Law 104-193, Section 115 (1996).

Adopted under notice filed as WSR 97-05-069 on February 19, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 1, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: May 1, 1997.

March 26, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

NEW SECTION

WAC 388-215-1570 Denial of assistance to persons convicted of drug-related felonies. (1) The department shall deny TANF benefits to an individual convicted after August 22, 1996, under federal or state law, of any felony involving the possession, use or distribution of a controlled substance as defined in section 102(6) of the Controlled Substances Act by excluding the needs of that individual in determining the need and payment amount of the assistance unit.

(2) Each applicant shall attest in writing whether the applicant or a person for whom the applicant is applying has been convicted of a felony as described in subsection (1) of this section.

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