WSR 12-24-013

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed November 27, 2012, 1:59 p.m. , effective January 1, 2013 ]


     Effective Date of Rule: January 1, 2013.

     Purpose: The proposed new chapter 388-315 WAC in TITLE 388 WAC is necessary to comply with the requirements in RCW 74.08A.040 to enact rules covering at a minimum the appropriate uses of state maintenance of effort (MOE) funds and annual reports on program operations by a tribal TANF program. This change will affect tribes operating tribal TANF programs.

     Statutory Authority for Adoption: RCW 74.08A.040.

      Adopted under notice filed as WSR 12-20-077 on October 3, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 6, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 6, Amended 0, Repealed 0.

     Date Adopted: November 26, 2012.

Katherine I. Vasquez

Rules Coordinator

4335.4
NEW SECTION
WAC 388-315-1000   Tribal TANF--Overview--Why do we have state rules regarding tribal temporary assistance for needy families program and state maintenance of effort funds?   (1) Under RCW 74.08A.040, the department of social and health services is required to adopt rules regarding state maintenance of effort and reporting requirements for tribal TANF programs.

     (2) When statutorily required to adopt rules, the department must enact regulations in the Washington Administrative Code consistent with the Administrative Procedures Act.

     (3) The department is adopting these rules so that everyone has an understanding of what is required.

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NEW SECTION
WAC 388-315-1050   Tribal TANF--Overview--What is state maintenance of effort?   State maintenance of effort is a federal TANF requirement that a state shall spend at least a specified amount, as required by 45 CFR 263.1, of state funds for benefits and services for members of needy families each year. A broad, but not unlimited, array of benefits and services for low-income families with children can count toward satisfying a state's maintenance of effort obligation.

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NEW SECTION
WAC 388-315-1100   Tribal TANF--Overview--Do tribal TANF programs receive state maintenance of effort funds?   Yes. A tribe or a consortium of tribes may elect to operate a tribal TANF program under 45 CFR 286. Per RCW 74.08A.040, the department shall transfer a fair and equitable amount of the TANF state maintenance of effort funds to eligible tribes, or consortium of tribes, within Washington State upon approval of a tribal TANF program by the secretary of the federal department of health and human services.

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NEW SECTION
WAC 388-315-1150   Tribal TANF--Overview--What agreements does the state establish with a tribe or consortium of tribes prior to distribution of state maintenance of effort funding for a tribal TANF program?   In making an allocation of state maintenance of effort funding to a tribe or consortium of tribes for a tribal TANF program, the department shall ensure that the following mutually agreed upon agreements are in place:

     (1) Intergovernmental TANF agreement;

     (2) Data share agreement; and

     (3) Operational agreement.

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NEW SECTION
WAC 388-315-2050   Tribal TANF--State maintenance of effort requirements--What is considered an allowable use of state maintenance of effort funds?   State maintenance of effort funds for tribal TANF programs may be used as follows:

     (1) The funds may be used in a flexible manner that meets the needs of their service population within the four purposes of the TANF program, as set forth in 45 CFR 260.20; and

     (2) The funds may be used in any manner that meets federal requirements, as set forth in federal law, regulation and guidance, for an allowable use of funds that counts toward state maintenance of effort; and

     (3) The funds must be spent on an eligible family, in accordance with 45 CFR 263.2(b) and federal guidance. For the purposes of a tribal TANF program's state maintenance of effort expenditures, an eligible family can include anyone defined in a tribal TANF program's federally approved tribal family assistance plan.

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NEW SECTION
WAC 388-315-3000   Tribal TANF--Reporting requirements--What are the tribal TANF reporting requirements?   The department shall require quarterly reports that are specified in the intergovernmental TANF agreement. The reports shall provide program data in the following areas:

     (1) State maintenance of effort expenditure information;

     (2) Caseload information; and

     (3) Performance measures as identified by the tribe or consortium of tribes.

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