Effective Date of Rule: Immediately.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: These changes are required by state law and are necessary to comply with the department's appropriation for the 2011-2013 biennium, per RCW 34.05.350 as amended by ESSB [EHB] 1248 and as documented in the 2011-2013 TANF/WorkFirst spending plan.

     Purpose: The department is filing an emergency rule, which clarifies ambiguities in the previous emergency rule while continuing the final rule-making process. This emergency rule supersedes the emergency rule adopted by WSR 11-18-056 filed September 1, 2011:

•	WAC 388-484-0005 There is a five-year (sixty-month) time limit for TANF, SFA and GA-S cash assistance.
•	WAC 388-484-0006 TANF/SFA time limit extensions.

     As required by sections 1, 6 and 29 of ESSB 5921, which was signed into law on June 15, 2011, the department began counting months an ineligible parent receives a TANF/SFA grant for his or her child but is ineligible to receive TANF/SFA assistance towards the parent's sixty-month TANF/SFA time limit effective September 1, 2011, by emergency adoption.

     The department is clarifying the emergency rule filed as WSR 11-18-056 while also continuing the permanent rule-making process. The department filed a preproposal statement of inquiry on September 7, 2011, as WSR 11-18-100, and a proposed rule making (CR-102) on November 2, 2011 as WSR 11-22-102. On or about December 14, 2011, the department will file a supplemental notice that clarifies changes to the rules proposed under WSR 11-22-102. In particular, this amended emergency rule and the proposed supplemental rule delete an effective date from a prior rule codification, to further clarify the rule changes are implementing new legislation contained in sections 1, 6 and 29 of ESSB 5921, Laws of 2011, that did not go into effect until September 1, 2011.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-484-0005 and 388-484-0006.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and chapters 74.08A and 74.12 RCW.

     Under RCW 34.05.350 the agency for good cause finds that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012 or 2013, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

     Reasons for this Finding: A second emergency adoption of this rule is required to realize $6.7 million in budgetary reductions for SFY 12, as documented in the TANF/WorkFirst spending plan for the 2011-2013 biennium. The department must make these changes to comply with the department's appropriation, per RCW 34.05.350 as amended by ESSB [EHB] 1248.

     The department has experienced a budgetary shortfall since October 1, 2010, as a result of increased demand for TANF benefits due to the economic recession. The WorkFirst caseload grew by more than thirty percent, from 51,106 cases in July 2008 to 66,634 cases in June 2010. As of June 2011, the WorkFirst caseload is 58,610 cases, which is still well above the July 2008 levels, despite various program reductions in the past year.

     The Governor's Executive Order 10-04 (Ordering Expenditure Reductions in Allotments of State General Fund Appropriations), signed on September 13, 2010, found that:

•	Revenues had fallen short of projections;
•	The official state economic and revenue forecast of general fund revenues were less than the official estimate upon which the state's 2009-2011 biennial operating budget and supplemental operating budget were enacted; and
•	The anticipated revenues combined with the beginning cash balance of the general fund were insufficient to meet anticipated expenditures from this fund for the remainder of the current fiscal period.

     Accordingly, the governor ordered across-the-board reductions of state general fund allotments by 6.287 percent, effective October 1, 2010. There were further reductions in November 2010, December 2010 and March 2011. These reductions were inadequate for the department to stay within its 2011-2013 biennium appropriation and further reductions are needed.

     The TANF/WorkFirst spending plan includes approximately $6.7 million in cost reduction during FY 2012 based on the ineligible parent time limit rules. Emergency rule making was necessary because required savings could not be achieved under permanent rule making. Failure to adopt an emergency rule would result in a $4.8 million dollar shortfall in FY 2012 and a $2.1 million shortfall for the 2011-2013 biennium.

     Continuance of the emergency rule until a permanent rule is in place permits the department to avoid budget shortfalls, which will lessen the adverse impact on families. If continued budget reductions are not realized, the department will have to make additional cuts in the future to TANF/WorkFirst assistance programs to stay within budget. This could include greater reductions in benefits than currently proposed, and/or the elimination of benefits currently provided. This would have a much greater detrimental effect on vulnerable families with children in need.

     The department filed the rule by emergency adoption on September 1, 2011, under WSR 11-18-056 effective immediately upon filing. A second emergency is required to allow the department to complete the permanent rule-making process. This emergency rule supersedes the emergency rule adopted by WSR 11-18-056 filed September 1, 2011. The department filed the CR 101 on September 7, 2011, under WSR 11-18-100, the CR-102 on November 2, 2011, under WSR 11-22-102 and will file a supplemental CR-102 on, or shortly after, December 14, 2011.

     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 2, 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 2, Repealed 0.

     Date Adopted: December 15, 2011.

Katherine I. Vasquez

Rules Coordinator

     (a) You can receive cash assistance for temporary assistance for needy families (TANF), state family assistance (SFA), and general assistance for pregnant women (GA-S) for a lifetime limit of sixty months. The time limit applies to cash assistance provided by any combination of these programs, and whether or not it was received in consecutive months.

     (b) If you receive cash assistance for part of the month, it counts as a whole month against the time limit.

     (c) If you have received cash assistance from another state on or after August 1, 1997, and it was paid for with federal TANF funds, those months will count against your time limit.

     (d) The time limit does not apply to diversion cash assistance, support services, food assistance or medicaid.

     (2) When did the sixty-month time limit go into effect?

     The sixty-month time limit applies to cash assistance received on or after August 1, 1997 for TANF and SFA. Although the GA-S program no longer exists, the time limit applies to GA-S cash assistance received from May 1, 1999 through July 31, 1999.

     (3) Does the time limit apply to me?

     (a) The sixty-month time limit applies to you for any month in which you are an ineligible parent or a parent or other relative as defined in WAC 388-454-0010, or a minor parent emancipated through court order or marriage.

     (b) An ineligible parent is a natural, adoptive or step parent as defined in WAC 388-454-0010 who receives a TANF/SFA grant for his or her child but is ineligible to receive TANF/SFA assistance.

     (4) Do any exceptions to the time limits apply to me?

     The department does not count months of assistance towards the sixty-month time limit if you are:

     (a) An adult caretaker, other than an ineligible parent, as described in WAC 388-454-0005 through 388-454-0010, who is not a member of the assistance unit and you are receiving cash assistance on behalf of a child;

     (b) An unemancipated pregnant or parenting minor living in a department approved living arrangement as defined by WAC 388-486-0005; or

     (c) An adult and you are living in Indian country, as defined under 18 U.S.C. 1151, or an Alaskan native village and you are receiving TANF, SFA, or GA-S cash assistance during a period when at least fifty percent of the adults living in Indian country or in the village were not employed. See WAC 388-484-0010.

     (5) What happens if an ineligible parent in the home or a member of my assistance unit has received sixty months of TANF, SFA, and GA-S cash benefits?

     Once any adult or emancipated minor in the assistance unit has received sixty months of cash assistance, or an ineligible parent in the home has received sixty months of cash assistance for themselves or their child, the entire assistance unit becomes ineligible for TANF or SFA cash assistance, unless ((you)) they qualify for a hardship extension and are eligible for an extended period of cash assistance called a TANF/SFA time limit extension under WAC 388-484-0006.

     (6) What can I do if I disagree with how the department has counted my months of cash assistance?

     (a) If you disagree with how we counted your months of cash assistance, you may ask for a hearing within ninety days of the date we sent you a letter telling you how many months we are counting.

     (b) You will get continued benefits (the amount you were getting before the change) if:

     (i) You have used all sixty months of benefits according to our records; and

     (ii) You ask for a hearing within the ten-day notice period, as described in chapter 388-458 WAC.

     (c) If you get continued benefits and the administrative law judge (ALJ) agrees with our decision, you may have to pay back the continued benefits after the hearing, as described in chapter 388-410 WAC.

     (7) Does the department ever change the number of months that count against my time limit?

     We change the number of months we count in the following situations:

     (a) You repay an overpayment for a month where you received benefits but were not eligible for any of the benefits you received. We subtract one month for each month that you completely repay. If you were eligible for some of the benefits you received, we still count that month against your time limit.

     (b) We did not close your grant on time when the division of child support (DCS) collected money for you that was over your grant amount two months in a row, as described in WAC 388-422-0030.

     (c) An ALJ decides at an administrative hearing that we should change the number of months we count.

     (d) You start getting worker's compensation payments from the department of labor and industries (L&I) and your L&I benefits have been reduced by the payments we made to you.

     (e) You participated in the excess real property (ERP) program in order to get assistance and we collected the funds when your property sold.

     (f) Another state gave us incorrect information about the number of months you got cash assistance from them.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and chapters 74.08A and 74.12 RCW. 10-24-013, § 388-484-0005, filed 11/18/10, effective 12/19/10. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and chapter 74.08A RCW. 06-10-034, § 388-484-0005, filed 4/27/06, effective 6/1/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057. 04-05-010, § 388-484-0005, filed 2/6/04, effective 3/8/04. Statutory Authority: RCW 74.08.090, 74.04.050, and 78.08A.340. 03-06-046, § 388-484-0005, filed 2/28/03, effective 3/31/03. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. 02-12-068, § 388-484-0005, filed 5/31/02, effective 6/1/02. Statutory Authority: 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). 01-04-016, § 388-484-0005, filed 1/26/01, effective 2/1/01. Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 99-08-050, § 388-484-0005, filed 4/1/99, effective 5/2/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-484-0005, filed 7/31/98, effective 9/1/98.]

     After you receive sixty or more months of TANF/SFA cash assistance according to WAC 388-484-0005, you may qualify for additional months of cash assistance. We call these additional months of TANF/SFA cash assistance a hardship TANF/SFA time limit extension.

     (2) Who is eligible for a hardship TANF/SFA time limit extension?

     ((Effective February 1, 2011,)) You are eligible for a hardship TANF/SFA time limit extension if you are on TANF ((or)), are otherwise eligible for TANF, or are an ineligible parent, and you have received sixty cumulative months of TANF and:

     (a) You are approved for one of the exemptions from mandatory participation according to WAC 388-310-0350 (1)(a) through (d) or you are an ineligible parent who meets the criteria for an exemption from mandatory WorkFirst participation; or

     (b) You:

     (i) Are a supplemental security income recipient or a social security disability insurance recipient; or

     (ii) Have an open child welfare case with a state or tribal government and this is the first time you have had a child dependent under RCW 13.34.030 in this or another state or had a child a ward of a tribal court; or

     (((ii))) (iii) Are working in unsubsidized employment for thirty-two hours or more per week; or

     (((iii))) (iv) Document that you meet the family violence option criteria in WAC 388-61-001 and are participating satisfactorily in specialized activities needed to address your family violence according to a service plan developed by a person trained in family violence or have a good reason, as described in WAC 388-310-1600(3) for failure to participate satisfactorily in specialized activities.

     (3) Who reviews and approves a hardship time limit extension?

     (a) Your case manager or social worker will review your case and determine whether a hardship time limit extension type will be approved.

     (b) This review will not happen until after you have received at least fifty-two months of assistance but before you reach your time limit or lose cash assistance due to the time limit.

     (c) Before you reach your time limit or lose cash assistance due to the time limit, the department will send you a notice that tells you whether a hardship time limit extension will be approved when your time limit expires and how to request an administrative hearing if you disagree with the decision.

     (4) ((Do)) When I have an individual responsibility plan, do my WorkFirst participation requirements change ((if)) when I receive a hardship TANF/SFA time limit extension?

     (a) Even if you qualify for a hardship TANF/SFA time limit extension you will still be required to participate as required in your individual responsibility plan (WAC 388-310-0500). You must still meet all of the WorkFirst participation requirements listed in chapter 388-310 WAC while you receive a hardship TANF/SFA time limit extension.

     (b) If you do not participate in the WorkFirst activities required by your individual responsibility plan, and you do not have a good reason under WAC 388-310-1600, the department will follow the sanction rules in WAC 388-310-1600.

     (5) Do my benefits change if I receive a hardship TANF/SFA time limit extension?

     (a) You are still a TANF/SFA recipient or an ineligible parent who is receiving TANF/SFA cash assistance on behalf of your child and your cash assistance, services, or supports will not change as long as you continue to meet all other TANF/SFA eligibility requirements.

     (b) During the hardship TANF/SFA time limit extension, you must continue to meet all other TANF/SFA eligibility requirements. If you no longer meet TANF/SFA eligibility criteria during your hardship time limit extension, your benefits will end.

     (6) How long will a hardship TANF/SFA time limit extension last?

     (a) We will review your hardship TANF/SFA time limit extension and your case periodically for changes in family circumstances:

     (i) If you are extended under WAC 388-484-0006 (2)(a) then we will review your extension at least every twelve months;

     (ii) If you are extended under WAC 388-484-0006 (2)(b) then we will review your extension at least every six months.

     (b) Your hardship TANF/SFA time limit extension may be renewed for as long as you continue to meet the criteria to qualify for a hardship time limit extension.

     (c) If during the extension period we get proof that your circumstances have changed, we may review your case and determine if you continue to qualify for a hardship TANF/SFA time limit extension. When you no longer qualify for a hardship TANF/SFA time limit extension we will stop your TANF/SFA cash assistance. You will be notified of your case closing and will be given the opportunity to request an administrative hearing before your benefits will stop.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and chapters 74.08A and 74.12 RCW. 10-24-013, § 388-484-0006, filed 11/18/10, effective 12/19/10. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and chapter 74.08A RCW. 06-10-034, § 388-484-0006, filed 4/27/06, effective 6/1/06. Statutory Authority: RCW 74.08.090, 74.04.050, and 74.08A.340. 03-24-057, § 388-484-0006, filed 12/1/03, effective 1/1/04. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. 02-12-068, § 388-484-0006, filed 5/31/02, effective 6/1/02.]

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