WSR 00-18-055

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 1, 2000, 11:08 a.m. ]

Subject of Possible Rule Making: Amend WAC 388-484-0005 to explain how the TANF lifetime limit of sixty months of cash assistance will affect clients, especially Indian clients residing in Indian country where at least 50% of adults are not employed.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.010, and 42 U.S.C. 608 (a)(7).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: 1. Explain to clients and staff rules and procedures regarding TANF time limits in more detail than existing WAC.

2. Rules and procedures regarding the Indian country disregard need to be explained in detail. Requirements and standards for the data submission need to be in rule.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Administration for Children and Families (ACF) regulates the state TANF program and will monitor state's implementation of time limits.

Other state agencies and tribes have been contacted and are involved in developing time limits policy.

Process for Developing New Rule: The accrual of months against the TANF time limit is largely fixed by state and federal law. Some aspects of the Indian country disregard policy, such as the ability of tribes to submit alternative data to the BIA labor force report, have been previously discussed in consultations with tribes. However, tribes may wish to negotiate the standards for such submissions. Other aspects of the policy were developed in consultation with the Attorney General's Office and experts in federal Indian law.

In the fall of 2000, Economic Services Administration is holding an extensive series of meetings with stakeholders and interested parties regarding TANF time limits.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Maura Donoghue, Division of Assistance Programs, P.O. Box 45470, Olympia, WA 98504-5470, (360) 413-3214, fax (360) 413-3493, e-mail donogmk@dshs.wa.gov.

September 1, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office