WSR 02-09-077

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed April 16, 2002, 3:48 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-01-008.

Title of Rule: Temporary assistance to needy families, state financial assistance and WorkFirst, WAC 388-310-1000, 388-310-1050, 388-310-1700, 388-310-1800, and 388-290-0255.

Purpose: These rule changes are necessary to implement the policy for the sixty-month time limit of TANF/SFA cases.

Statutory Authority for Adoption: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050.

Statute Being Implemented: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050.

Summary:
Amended:

Title of Rule

CR-101

WSR #

Summary
388-290-0255 When can the WCCC program establish a protective payee to pay my in-home/relative provider? 02-01-008 Defines when the working connections child care program will use a protective payee to pay an in-home/relative provider.
388-310-1000 WorkFirst -- Vocational education. 02-01-008 Defines vocational education and when it can be included in an individual responsibility plan.
388-310-1050 WorkFirst -- Job skills training. 02-01-008 Defines job skills training and when it can be included in an individual responsibility plan.
388-310-1700 WorkFirst -- Self-employment. 02-01-008 Defines self-employment and tells when job search can be deferred to pursue self-employment along with other benefits available to the self employed.
388-310-1800 WorkFirst -- Post employment services. 02-01-008 Defines post employment services and mandates who can get it and the criteria along with other available services.

Reasons Supporting Proposal: This proposal implements the sanctions rules for all clients and extension rules for clients that exceed the TANF/SFA sixty-month time limit.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Sandy Jsames, 1009 College Street S.E., Lacey, WA, (360) 413-3239.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This proposal implements the sanctions rules for all clients and extension rules for clients that exceed the TANF/SFA sixty-month time limit. See also Summary above.

Proposal Changes the Following Existing Rules: These rule changes will establish new policies for clients who are still receiving TANF/SFA after sixty months, including the creation of the child safetynet payments. There are also new participation and sanction policies for all TANF/SFA recipients.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not affect businesses.

RCW 34.05.328 does not apply to this rule adoption. These amendments are exempt under RCW 34.05.328 (5)(b)(vii).

Hearing Location: Office Building 2 Auditorium (DSHS Headquarters) (parking on 12th off Jefferson), 1115 Washington, Olympia, WA 98504, on May 21, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by May 17, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., May 21, 2002.

Date of Intended Adoption: No earlier than May 22, 2002.

April 16, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3074.1
AMENDATORY SECTION(Amending WSR 01-15-009, filed 7/6/01, effective 8/6/01)

WAC 388-310-1000   WorkFirst--Vocational education.   (1) What is vocational education?

Vocational education is training that leads to a degree or certificate in a specific occupation and is offered by an accredited:

(a) Public and private technical college or school;

(b) Community college; or

(c) Tribal college.

(2) When can vocational education be included in my individual responsibility plan?

We may add vocational education to your individual responsibility plan for up to twelve months if:

(a) You are working twenty or more hours a week in paid unsubsidized work; or

(b) You are working sixteen or more hours per week in a federal or state work-study position; or

(c) You are working in a subsidized job, like a community jobs position, at least twenty hours per week; or

(d) Employment security department (ESD) has determined that you are a seasonal worker (that is, your ((normal way of life)) usual pattern of employment is based on a recurring cycle of seasonal employment). Under WorkFirst, seasonal workers qualify for full-time education and training during the off season; or

(((c))) (e) You are in an internship or practicum for up to twelve months that is paid or unpaid and required to complete a course of vocational training or to obtain a license or certificate in a high demand field, as determined by the employment security department; or

(d) You have limited-English proficiency and you lack job skills that are in demand for entry level jobs in your area; and the vocational education program is the only way that you can acquire the job skills you need to qualify for entry level jobs in your area (because there is no available work experience, preemployment training or on-the-job training that can teach you these skills).

(3) Can I get help with paying the costs of vocational education?

WorkFirst ((will)) may pay for the costs of your vocational education, such as tuition or books, for up to twelve months, if vocational education is in your individual responsibility plan and there is no other way to pay them. You ((can)) may also get help with paying your child care costs through the working connections child care program. (See chapter 388-290 WAC for the working connections child care program rules.)

[Statutory Authority: RCW 74.08.090, 74.04.050. 01-15-009, 388-310-1000, filed 7/6/01, effective 8/6/01; 99-10-027, 388-310-1000, filed 4/28/99, effective 5/29/99; 98-23-037, 388-310-1000, filed 11/10/98, effective 12/11/98; 97-20-129, 388-310-1000, filed 10/1/97, effective 11/1/97.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 01-15-009, filed 7/6/01, effective 8/6/01)

WAC 388-310-1050   WorkFirst--Job skills training.   (1) What is job skills training?

Job skills training is training in specific skills directly related to employment, but not tied to a specific occupation. Job skills training programs are generally short-term, but differ in ((how long the course lasts,)) what skills are taught and who provides the training. The training may be offered by the following types of organizations that meet the WorkFirst program's standards for service providers:

(a) Community based organizations;

(b) Businesses;

(c) Tribal governments; or

(d) Public and private community and technical colleges.

(2) When can job skills training be included in my individual responsibility plan?

We may add job skills training in your individual responsibility plan ((for the same reasons we would add vocational education. That is)) if:

(a) You are working twenty or more hours a week in paid unsubsidized work; or

(b) You are working sixteen or more hours per week in a federal or state work-study position; or

(c) You are working in a subsidized job, like a community jobs position, at least twenty hours per week; or

(d) Employment security department (ESD) has determined that you are a seasonal worker (that is, your ((normal way of life)) usual pattern of employment is based on a recurring cycle of seasonal employment). Under WorkFirst, seasonal workers qualify for full-time education and training during the off season; or

(((c) You are in an internship or practicum for up to twelve months that is paid or unpaid and required to complete a course of vocational training or to obtain a license or certificate in a high demand field, as determined by the employment security department; or

(d))) (e) You lack job skills that are in demand for entry level jobs in your area((;)), and

(((e) The job skills training program is the only way you can acquire the job skills you need to qualify for entry level jobs in your area (because there is no available work experience, preemployment training, or on-the-job training that can teach you these skills))) the job skills training is short-term and is combined with job search.

(3) Can I get help with paying the costs of job skills training?

WorkFirst ((will)) may pay your costs, such as tuition or books, if job skills training is in your individual responsibility plan and there is no other way to pay them. You ((can)) may also get help with paying your child care costs through the working connections child care program. (See chapter 388-290 WAC for the working connections child care program rules.)

[Statutory Authority: RCW 74.08.090, 74.04.050. 01-15-009, 388-310-1050, filed 7/6/01, effective 8/6/01; 99-10-027, 388-310-1050, filed 4/28/99, effective 5/29/99; 98-23-037, 388-310-1050, filed 11/10/98, effective 12/11/98.]


AMENDATORY SECTION(Amending WSR 99-10-027, filed 4/28/99, effective 5/29/99)

WAC 388-310-1700   WorkFirst--Self-employment.   (1) What is self-employment?

When you work for yourself and do not have an employer, you are self-employed.

(2) When can I be deferred from job search to pursue self-employment?

(a) To be deferred from job search for self-employment, you must meet all the conditions below:

(i) You must be working at least ((twenty)) thirty-two hours a week at your business;

(ii) Your business must generate income for you that is equal to the minimum wage (state or federal, whichever is higher) times ((twenty)) thirty-two hours per week after your business expenses are subtracted.

(iii) Your case manager will refer you to a local business resource center, and they must approve your self-employment plan;

(b) If you do not meet all these conditions, you can still be self-employed, but you will also need to participate in job search or other WorkFirst activities.

(3) What self-employment services can I get?

If you are a mandatory participant and have an approved self-employment plan in your individual responsibility plan, you may get the following self-employment services:

(a) A referral to community resources for technical assistance with your business plan.

(b) Small business training courses through local community organizations or technical and community colleges.

(c) Information on affordable credit, business training and ongoing technical support.

(4) What support services may I receive?

If you have an approved self-employment plan in your individual responsibility plan all support services are available.

(5) Can I get childcare?

Childcare is available if you have an approved self-employment plan in your individual responsibility plan. (See chapter 388-290 WAC for working connections child care rules.)

[Statutory Authority: RCW 74.08.090 and 74.04.050. 99-10-027, 388-310-1700, filed 4/28/99, effective 5/29/99; 97-20-129, 388-310-1700, filed 10/1/97, effective 11/1/97.]


AMENDATORY SECTION(Amending WSR 00-16-055, filed 7/26/00, effective 8/1/00)

WAC 388-310-1800   WorkFirst--Post employment services.   (1) What is the purpose of post employment services?

Post employment services help low-income parents who are working twenty hours or more a week keep and cope with their current jobs, look for better jobs, gain work skills for a career and become self sufficient.

(2) How do I obtain post employment services?

(a) You can obtain post employment services by:

(i) Asking for a referral from the local community service office;

(ii) Contacting community or technical colleges; or

(iii) Contacting the employment security department. Employment security department staff may also telephone you if you got a job while you were on TANF or SFA to see if you are interested in receiving these services.

(b) You may qualify for different services (from various state or federal programs) depending on whether you:

(i) Are a mandatory participant (that is, you currently receive TANF((,)) or SFA ((or GA-S)) benefits);

(ii) Used to receive TANF or SFA benefits; or

(iii) Have never been on TANF or SFA.

(3) Who provides post employment services and what kind of services do they provide?

(a) ((You may be assigned to a job success coach, or similar services. Job success services must be delivered in accordance with the equitable access to Indians requirements in state law (in RCW 74.08A.040). The job success coach is a person who will work with you to increase your success in the workplace. The purpose of the job success coach, or similar post employment services, is to:

(i) Help you resolve problems with your employer;

(ii) Help you adjust to your workplace;

(iii) Provide job coaching;

(iv) Provide mentoring;

(v) Increase your job skills;

(vi) Help you develop the skills you need to keep your job;

(vii) Create steps to help you increase your wages; and/or

(viii) Develop educational activities to promote wage progression.

(b))) The employment security department can help you increase your wages, increase your job skills or find a better job by providing you with:

(i) Employment and career counseling;

(ii) Labor market information;

(iii) Job leads for a better job (sometimes called job development);

(iv) On the job training;

(v) Help with finding a job that matches your interests, abilities and skills (sometimes called job matching); and

(vi) Help with finding a new job after job loss (sometimes called reemployment).

(((c))) (b) Any Washington state technical and community college can approve a skill-training program for you that will help you advance up the career ladder. Their staff will talk to you, help you decide what training would work best for you and then help you get enrolled in these programs. The college may approve the following types of training for you at any certified institution:

(i) High school/GED,

(ii) Vocational education training,

(iii) Job skills training,

(iv) Adult basic education,

(v) English-as-a-Second language training, or

(vi) Pre-employment training.

(4) What other services are available while you receive post employment services?

While you receive post employment services, you may qualify for:

(a) Working connections childcare if you meet the criteria for this program (described in chapter 388-290 WAC). ((To qualify, you must also be in an approved post-employment service and your family's income cannot exceed one hundred seventy-five percent of the federal poverty level.))

(b) Other support services, such as help in paying for transportation or work expenses.

(c) Other types of assistance for low-income families such as food stamps, medical assistance or help with getting child support that is due to you and your children.

(5) Who is eligible for post employment service, support services and childcare?

You may qualify for post-employment services, support services and child care if you are working twenty hours or more a week, and:

(a) You are current TANF or SFA recipient. You qualify for:

(i) All types of post employment services, unless you are in sanction status;

(ii) Tuition assistance from the community and technical college system;

(iii) WorkFirst support services; and

(iv) Working connections childcare.

(b) You are a former TANF or SFA recipient. You qualify for:

(i) Employment retention services (help with keeping a job) for up to twenty-four months after exiting TANF or SFA.

(ii) Wage and skill progression services (help with finding a better job and/or obtaining better wages) for up to twenty four months after exiting TANF or SFA.

(iii) Tuition assistance or pre-employment training from the community and technical college system;

(iv) Working connections childcare assistance; and/or

(v) WorkFirst support services for up to twelve months after exiting TANF or SFA.

(c) You are a low wage earner (that is, your family income does not exceed one hundred seventy-five percent of the federal poverty level) who has never received TANF or SFA benefits, and are in a community or technical college-approved skill training program. You may qualify for:

(i) Tuition assistance or pre-employment training from the community and technical college system; or

(ii) Working connections child care while you are in training or school for up to a total of thirty six months.

(6) What if I lose my job while I am receiving post employment services?

If you now receive or used to receive TANF or SFA, help is available to you for up to four weeks so that you can find another job and continue in your approved post employment.

(a) The employment security department will provide you with re-employment services.

(b) At the same time, your case manager can approve up to four weeks of support services and childcare for you.

[Statutory Authority: RCW 74.08A.340(2), 45 C.F.R. 260.31, RCW 74.08.090, and chapter 74.04 RCW. 00-16-055, 388-310-1800, filed 7/26/00, effective 8/1/00. Statutory Authority: RCW 74.08.090 and 74.04.050. 99-10-027, 388-310-1800, filed 4/28/99, effective 5/29/99; 97-20-129, 388-310-1800, filed 10/1/97, effective 11/1/97.]

3065.1
AMENDATORY SECTION(Amending WSR 02-01-135, filed 12/19/01, effective 1/19/02)

WAC 388-290-0255   When can the WCCC program establish a protective payee to pay my in-home/relative provider?   The WCCC program establishes a protective payee to pay your in/home-relative provider when:

(1) You do not pay your in-home/relative child care provider your copayment and/or the entire amount the department sends you for in-home/relative child care;

(2) We issued a child care warrant to the correct address and twelve or more working days have passed since the issuance date, and you have not reported the WCCC warrant lost, stolen, or destroyed;

(3) You have a history of failing to pay your in-home/relative provider(s); or

(4) You have a protective payee for your TANF grant or for a Child SafetyNet Payment.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, 388-290-0255, filed 12/19/01, effective 1/19/02.]

Washington State Code Reviser's Office