WSR 02-10-076

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed April 26, 2002, 3:54 p.m. ]

Original Notice.

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

Title of Rule: WAC 388-310-1650 WorkFirst -- Child safetynet payments.

Purpose: This new rule will create the child safety net payment status for clients that are in sanction for not meeting WorkFirst program requirements and have surpassed the sixty-month time limit for TANF/SFA.

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: When clients have been receiving assistance for more than sixty months and have not been meeting the requirements for the WorkFirst program they will be put into sanction status, their benefits will be reduced and they will get a child safetynet payment instead of a grant. The child safetynet payment assures that children will still have their basic needs met.

Reasons Supporting Proposal: This rule will make certain that children in sanctioned households are having their basic needs met.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Sandy Jsames, 1009 College 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: When clients have been receiving assistance for more than sixty months and have not been meeting the requirements for the WorkFirst program they will be put into sanction status, their benefits will be reduced and they will get a child safetynet payment instead of a grant. The child safetynet payment assures that children will still have their basic needs met. The purpose of this rule is to help insure the safety and well being of children in sanctioned households.

Proposal does not change existing rules. This is a new rule and does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This new rule does not affect small businesses.

RCW 34.05.328 does not apply to this rule adoption. These amendments are exempt under RCW 34.05.328 (5)(b)(vii). Rules apply to client medical or financial eligibility.

Hearing Location: Office Building 2 Auditorium (DSHS Headquarters) (parking on 12th off Jefferson), 1115 Washington, Olympia, WA 98504, on June 4, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by May 31, 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. June 4, 2002.

Date of Intended Adoption: Not earlier than June 5, 2002.

April 24, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3086.2
NEW SECTION
WAC 388-310-1650   WorkFirst -- Child SafetyNet Payments.   (1) What is a Child SafetyNet Payment?

A Child SafetyNet Payment (CSNP) is a TANF/SFA time limit extension to maintain housing and basic utilities and other verified needs of the children in your household. (See WAC 388-484-0006.) Your family will get a Child SafetyNet Payment extension instead of a regular TANF/SFA time limit extension if:

(a) You or another adult in your household has been getting TANF/SFA for more than sixty months; and

(b) Someone in your household is in sanction status because they are not exempt (see WAC 388-310-0300 and 388-310-0350) and have refused to do WorkFirst requirements without a good reason. We will not place you into CSNP status unless we first offered you the opportunity to talk about the proposed sanction as required by WAC 388-310-1600(2) and gave you notice that we did not think you had a good reason for failing to meet WorkFirst requirements as required by WAC 388-310-1600(4).

(2) How will I know if my family will be getting a Child SafetyNet Payment?

We will send you a letter that tells:

(a) What caused your household to go into sanction status;

(b) When your Child SafetyNet Payments will start;

(c) How to request a fair hearing if you disagree with the decision; and

(d) How to become qualified for regular TANF/SFA time limit extension benefits.

(3) Are there penalties when my household gets a Child SafetyNet Payment?

(a) When your household gets a Child SafetyNet Payment:

(i) We reduce your grant by forty percent or the noncompliant person's share, whichever is more; and

(ii) Send your family's CSNP to a protective payee.

(b) The protective payee can only pay your verified rent and utility costs with your CSNP and will spend anything left over to pay your children's expenses (like clothing, diapers, toiletries, school supplies or other school-related costs).

(c) The Child SafetyNet Payment is cash assistance and if you get more than you are eligible to get, then we can recover the amount we overpaid you under chapter 388-410 WAC.

(4) How do I end the penalties and get out of CSNP status?

To stop the penalties and get out of CSNP status, you must:

(a) Prove that you have been doing your WorkFirst requirements for one full month; or

(b) Prove that you had a good reason not to do your required activities (see WAC 388-310-1600(3)); or

(c) Become exempt from WorkFirst requirements (see WAC 388-310-0350).

(5) What happens when I leave CSNP status?

Once you leave CSNP status:

(a) All your penalties will end if you proved that you had a good reason not to do your WorkFirst requirements or you became exempt; or

(b) You will go into level three of sanction status described in WAC 388-310-1600(6). Your grant will be sent to a protective payee and reduced by forty percent or the noncompliant person's share, whichever is more.

(c) The level three sanction penalties will end after you do all your WorkFirst requirements for four weeks in a row.

(6) What if I reapply for TANF or SFA and my family was in CSNP status a when my case closed?

If your case closes while you are in CSNP status, you will go back into CSNP status when your grant is reopened.

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Washington State Code Reviser's Office