WSR 02-15-067

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed July 11, 2002, 4:36 p.m. , effective August 1, 2002 ]

Date of Adoption: July 10, 2002.

Purpose: The Division of Employment and Training Assistance Programs is adopting these rules necessary to implement the sixty-month time limit statute for TANF/SFA cases, RCW 74.08A.010. Amended rules include WAC 388-310-1600 WorkFirst -- Sanctions, 388-310-1000 WorkFirst -- Vocational education, 388-310-1050 WorkFirst job skills training, 388-310-1700 WorkFirst -- Self employment, 388-310-1800 WorkFirst -- Post employment services, 388-310-0200 WorkFirst -- Activities, 388-310-0400 WorkFirst -- Entering the WorkFirst program, 388-310-0500 WorkFirst -- Individual responsibility plan, 388-310-0600 WorkFirst -- Job search, and 388-310-0900 WorkFirst -- Basic education.

Citation of Existing Rules Affected by this Order: Amending WAC 388-310-0200, 388-310-0400, 388-310-0500, 388-310-0600, 388-310-0900, 388-310-1000, 388-310-1050, 388-310-1600, 388-310-1700, and 388-310-1800.

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

Adopted under notice filed as WSR 02-09-075, 02-09-076, and 02-09-077 on April 16, 2002.

Changes Other than Editing from Proposed to Adopted Version: WAC 388-310-1600:

(2)(c) After "we will" deleted "have to" and inserted "make sure you have been screened for family violence and";

(2)(d) Added a new second sentence: "If you have been unable to meet your WorkFirst requirements because of family violence, you and your case manager will develop an IRP to help you with your situation, including referrals to appropriate agencies.";

(6) Added after "when" the words "you are"; and

(6)(a) Added after "until you" the words "or the household member."


WAC 388-310-0200:

(1)(k) Deleted "; and/or";

(1)(l) Deleted "family violence" after "such as"; and

Added new "(1)(m) Activities identified by your case manager on your individual responsibility plan to help you cope with family violence as defined in WAC 388-61-001."


WAC 388-310-0400:

(1) Added after "(See WAC 388-310-0500)" the words ", which is written after the case manager asks you a series of questions about your situation to evaluate your employability.";

(1) Added after the sentence ending "develop your IRP with you." a new sentence "If you have been identified as a victim of family violence (defined in WAC 388-61-001), you and your case manager will develop an IRP to help you with your situation, including referrals to appropriate services.";

(1)(a), (b), (d), and (f), at the end of each subsection deleted the word "or";

(1)(g) Deleted the word "special", and changed the last sentence in parentheses to read "(For example, you may be able to look for job while you have health problems or you are homeless.)" deleting the words "or you" and "and/or dealing with family violence."; and

Added new "(1)(h) Your situation prevents you from looking for work because you are a victim of family violence and you are conducting activities on your IRP to help you with your situation."


WAC 388-310-0600:

(6) Deleted "for an" after "case manager" and inserted "who will conduct a new".

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, 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 10, 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 10, Repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The August 1, 2002, effective date is required by the TANF sixty-month statute, RCW 74.08A.010(1), that states "A family that includes an adult who has received temporary assistance for needy families for sixty months after July 27, 1997, shall be ineligible for further assistance for needy family assistance." This provision takes effect July 27, 2002. Adoption of these rules is required to implement exemptions in statute described in RCW 74.08.010. The earlier effective date is also necessary because of imminent peril to the public health, safety and welfare. To delay would cause needy TANF clients and their children to be cut off from benefits.
Effective Date of Rule: August 1, 2002.

July 10, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 02-16 issue of the Register.

Washington State Code Reviser's Office