AN
ACT Relating to correcting nomenclature for the former aid to families with
dependent children program; amending RCW 6.26.060, 6.27.140, 10.101.010,
26.19.071, 26.19.075, 43.20B.310, 46.16.028, 46.20.021, 70.123.110, 74.04.770,
74.08.080, 74.08.335, 74.09.510, 74.09.522, 74.12.010, 74.12.030, 74.12.035,
74.12.036, 74.12.250, 74.12.260, 74.12.280, 74.12.361, 74.12.400, 74.12.410,
74.12.420, 74.12.425, 74.12.900, 74.25.010, 74.25.040, 74.25A.045, and
74.25A.050; and reenacting and amending RCW 74.04.005.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
6.26.060 and 1988 c 231 s 20 are each amended to read as follows:
(1)
When application is made for a prejudgment writ of garnishment, the court shall
issue the writ in substantially the form prescribed in RCW 6.27.070 and
6.27.100 directing that the garnishee withhold an amount as prescribed in RCW 6.27.090,
but, except as provided in subsection (2) of this section, the court shall
issue the writ only after prior notice to the defendant, given in the manner
prescribed in subsections (4) and (5) of this section, with an opportunity for
a prior hearing at which the plaintiff shall establish the probable validity of
the plaintiff's claim and that there is probable cause to believe that the
alleged ground for garnishment exists.
(2)
Subject to subsection (3) of this section, the court shall issue the writ
without prior notice to the defendant and without an opportunity for a prior
hearing only if:
(a)
A ground alleged in the plaintiff's affidavit is: (i) A ground appearing in
RCW 6.26.010(2)(c) if the writ is to be directed to an employer for the purpose
of garnishing the defendant's earnings; or (ii) a ground appearing in RCW
6.25.030 (5) through (7) or in RCW 6.25.040(1) of the attachment chapter; or
(iii) if garnishment is necessary to permit the court to acquire jurisdiction
over the action, the ground alleged is one appearing in RCW 6.25.030 (1)
through (4) or in RCW 6.26.010(2)(a) or (b); and
(b)
The court finds on the basis of specific facts, after an ex parte hearing, that
there is probable cause to believe the allegations of the plaintiff's affidavit.
(3)
If a writ is issued under subsection (2) of this section without prior notice
to the defendant, after service of the writ on the garnishee, the defendant
shall be entitled to prompt notice of the garnishment and a right to an early
hearing, if requested, at which the plaintiff shall establish the probable
validity of the claim sued on and that there is probable cause to believe that
the alleged ground for garnishment exists.
(4)
When notice and a hearing are required under this section, notice may be given
by a show cause order stating the date, time, and place of the hearing. Notice
required under this section shall be jurisdictional and, except as provided for
published notice in subsection (5) of this section, notice required under this
section shall be served in the same manner as a summons in a civil action and
shall be served together with (a) a copy of plaintiff's affidavit and a copy of
the writ if already issued, and (b) a copy of the following "Notice of
Right to a Hearing" in substantially the following form or, if defendant
is an individual, a copy of the claim form and the "Notice of Garnishment
and of Your Rights" prescribed by RCW 6.27.140, in which the following
notice is substituted for the first paragraph of said Notice:
NOTICE
OF RIGHT TO HEARING
A writ of garnishment has been or will be issued by a
Washington court and has been or will be served on the garnishee defendant. It
will require the garnishee defendant to withhold payment of money that may be
due to you and to withhold other property of yours that the garnishee may hold
or control until a lawsuit in which you are a defendant has been decided by the
court. Service of this notice of your rights is required by law.
YOU HAVE A RIGHT TO A PROMPT HEARING. If notice of a
hearing date and time is not served with this notice, you have the right to
request the hearing. At the hearing, the plaintiff must give evidence that
there is probable cause to believe that the statements in the enclosed
affidavit are true and also that the claim stated in the lawsuit is probably
valid, or else the garnishment will be released.
(5)
If service of notice on the defendant must be effected by publication, only the
following notice need be published under the caption of the case:
To, Defendant:
A writ of prejudgment garnishment has been issued in the
above captioned case, directed to . . . . . . as
Garnishee Defendant, commanding the Garnishee to withhold amounts due you or to
withhold any of your property in the Garnishee's possession or control for
application to any judgment that may be entered for plaintiff in the case.
YOU HAVE A RIGHT TO ASK FOR A HEARING. At the hearing,
the plaintiff must give evidence that there is probable cause to believe that
the ground for garnishment alleged in an affidavit filed with the court exists
and also that the claim stated in the lawsuit is probably valid, or else the
garnishment will be released.
If
the defendant is an individual, the following paragraph shall be added to the
published notice:
YOU MAY ALSO HAVE A RIGHT TO HAVE THE GARNISHMENT
RELEASED if amounts or property withheld are exempt under federal or state
statutes, for example, bank accounts in which benefits such as ((Aid to
Families with Dependent Children (AFDC))) Temporary Assistance for Needy
Families, Supplemental Security Income (SSI), Social Security, United
States pension, Unemployment Compensation, or Veterans' benefits have been
deposited or certain personal property described in section 6.15.010 of the
Revised Code of Washington.
Sec.
2. RCW
6.27.140 and 1987 c 442 s 1014 are each amended to read as follows:
(1)
The notice required by RCW 6.27.130(1) to be mailed to or served on an
individual judgment debtor shall be in the following form, printed or typed in
type no smaller than elite type:
NOTICE
OF GARNISHMENT
AND
OF YOUR RIGHTS
A Writ of Garnishment issued by a Washington court has
been or will be served on the garnishee named in the attached copy of the
writ. After receipt of the writ, the garnishee is required to withhold payment
of any money that was due to you and to withhold any other property of yours
that the garnishee held or controlled. This notice of your rights is required
by law.
YOU HAVE THE FOLLOWING
EXEMPTION RIGHTS:
WAGES. If the garnishee is your employer who owes wages
or other personal earnings to you, your employer is required to pay amounts to
you that are exempt under state and federal laws, as explained in the writ of
garnishment. You should receive a copy of your employer's answer, which will
show how the exempt amount was calculated. If the garnishment is for child
support, the exempt amount paid to you will be forty percent of wages due you,
but if you are supporting a spouse or dependent child, you are entitled to
claim an additional ten percent as exempt.
BANK ACCOUNTS. If the garnishee is a bank or other
institution with which you have an account in which you have deposited benefits
such as ((Aid to Families with Dependent Children (AFDC))) Temporary
Assistance for Needy Families, Supplemental Security Income (SSI), Social
Security, veterans' benefits, unemployment compensation, or a United States
pension, you may claim the account as fully exempt if you have deposited only
such benefit funds in the account. It may be partially exempt even though you
have deposited money from other sources in the same account. An exemption is
also available under RCW 26.16.200, providing that funds in a community bank
account that can be identified as the earnings of a stepparent are exempt from
a garnishment on the child support obligation of the parent.
OTHER EXEMPTIONS. If the garnishee holds other property
of yours, some or all of it may be exempt under RCW 6.15.010, a Washington
statute that exempts up to five hundred dollars of property of your choice
(including up to one hundred dollars in cash or in a bank account) and certain
property such as household furnishings, tools of trade, and a motor vehicle
(all limited by differing dollar values).
HOW TO CLAIM EXEMPTIONS. Fill out the enclosed claim
form and mail or deliver it as described in instructions on the claim form. If
the plaintiff does not object to your claim, the funds or other property that
you have claimed as exempt must be released not later than 10 days after the
plaintiff receives your claim form. If the plaintiff objects, the law requires
a hearing not later than 14 days after the plaintiff receives your claim form,
and notice of the objection and hearing date will be mailed to you at the
address that you put on the claim form.
THE LAW ALSO PROVIDES OTHER EXEMPTION RIGHTS. IF
NECESSARY, AN ATTORNEY CAN ASSIST YOU TO ASSERT THESE AND OTHER RIGHTS, BUT YOU
MUST ACT IMMEDIATELY TO AVOID LOSS OF RIGHTS BY DELAY.
(2) The
claim form required by RCW 6.27.130(1) to be mailed to or served on an
individual judgment debtor shall be in the following form, printed or typed in
type no smaller than elite type:
[Caption
to be filled in by judgment creditor
or
plaintiff before mailing.]
. . . . . . . . . . . . . . . . . . . .
Name of
Court
............................. No.
. . . . .
Plaintiff,
vs.
............................. EXEMPTION
CLAIM
Defendant,
.............................
Garnishee
Defendant
INSTRUCTIONS:
1.Read this whole form after reading the enclosed
notice. Then put an X in the box or boxes that describe your exemption claim
or claims and write in the necessary information on the blank lines.
2.Make two copies of the completed form. Deliver the
original form by first class mail or in person to the clerk of the court, whose
address is shown at the bottom of the writ of garnishment. Deliver one of the
copies by first class mail or in person to the plaintiff or plaintiff's
attorney, whose name and address are shown at the bottom of the writ. Keep the
other copy. YOU SHOULD DO THIS AS QUICKLY AS POSSIBLE, BUT NO LATER THAN 28
DAYS (4 WEEKS) AFTER THE DATE ON THE WRIT.
I/We
claim the following money or property as exempt:
IF
BANK ACCOUNT IS GARNISHED:
[ ]
The account contains payments from:
[ ]((AFDC))
Temporary assistance for needy families, SSI, or other public
assistance. I receive $. . . . . monthly.
[ ]Social Security. I receive
$. . . . . monthly.
[ ]Veterans' Benefits. I receive
$. . . . . monthly.
[ ]U.S. Government Pension. I receive
$. . . . . monthly.
[ ]Unemployment Compensation. I receive
$. . . . . monthly.
[ ]Child support. I receive
$. . . . . monthly.
[ ]Other. Explain..........................................
.......................................................
IF
EXEMPTION IN BANK ACCOUNT IS CLAIMED, ANSWER ONE OR BOTH OF THE FOLLOWING:
[ ]No money other than from above
payments are in the account.
[ ]Moneys in
addition to the above payments have been deposited in the account. Explain .....................................
.......................................................
.......................................................
IF
EARNINGS ARE GARNISHED FOR CHILD SUPPORT:
[ ]I claim
maximum exemption.
[ ]I am
supporting another child or other children.
[ ]I am supporting a husband or a wife.
IF
PENSION OR RETIREMENT BENEFITS ARE GARNISHED:
[ ]Name and
address of employer who is paying the benefits:.....
OTHER
PROPERTY:
[ ]Describe
property ...........................................
(If you claim other personal property as exempt, you
must attach a list of all other personal property that you own.)
............................. ...............................
Print: Your
name
If
married,
name
of husband/wife
............................. ...............................
Your
signature
Signature
of husband
or
wife
............................. ...............................
............................. ...............................
Address
Address
(if
different from yours)
............................. ...............................
Telephone
number
Telephone
number
(if
different from yours)
CAUTION:
If the plaintiff objects to your claim, you will have to go to court and give
proof of your claim. For example, if you claim that a bank account is exempt,
you may have to show the judge your bank statements and papers that show the
source of the money you deposited in the bank. Your claim may be granted more
quickly if you attach copies of such proof to your claim.
IF THE
JUDGE DENIES YOUR EXEMPTION CLAIM, YOU WILL HAVE TO PAY THE PLAINTIFF'S COSTS.
IF THE JUDGE DECIDES THAT YOU DID NOT MAKE THE CLAIM IN GOOD FAITH, HE OR SHE
MAY DECIDE THAT YOU MUST PAY THE PLAINTIFF'S ATTORNEY FEES.
Sec.
3. RCW
10.101.010 and 1989 c 409 s 2 are each amended to read as follows:
The
following definitions shall be applied in connection with this chapter:
(1)
"Indigent" means a person who, at any stage of a court proceeding,
is:
(a)
Receiving one of the following types of public assistance: ((Aid to
families with dependent children)) Temporary assistance for needy
families, general assistance, poverty-related veterans' benefits, food
stamps, refugee resettlement benefits, medicaid, or supplemental security
income; or
(b)
Involuntarily committed to a public mental health facility; or
(c)
Receiving an annual income, after taxes, of one hundred twenty-five percent or
less of the current federally established poverty level; or
(d)
Unable to pay the anticipated cost of counsel for the matter before the court
because his or her available funds are insufficient to pay any amount for the
retention of counsel.
(2)
"Indigent and able to contribute" means a person who, at any stage of
a court proceeding, is unable to pay the anticipated cost of counsel for the
matter before the court because his or her available funds are less than the
anticipated cost of counsel but sufficient for the person to pay a portion of
that cost.
(3)
"Anticipated cost of counsel" means the cost of retaining private
counsel for representation on the matter before the court.
(4)
"Available funds" means liquid assets and disposable net monthly
income calculated after provision is made for bail obligations. For the
purpose of determining available funds, the following definitions shall apply:
(a)
"Liquid assets" means cash, savings accounts, bank accounts, stocks,
bonds, certificates of deposit, equity in real estate, and equity in motor
vehicles. A motor vehicle necessary to maintain employment and having a market
value not greater than three thousand dollars shall not be considered a liquid
asset.
(b)
"Income" means salary, wages, interest, dividends, and other earnings
which are reportable for federal income tax purposes, and cash payments such as
reimbursements received from pensions, annuities, social security, and public
assistance programs. It includes any contribution received from any family
member or other person who is domiciled in the same residence as the defendant
and who is helping to defray the defendant's basic living costs.
(c)
"Disposable net monthly income" means the income remaining each month
after deducting federal, state, or local income taxes, social security taxes,
contributory retirement, union dues, and basic living costs.
(d)
"Basic living costs" means the average monthly amount spent by the
defendant for reasonable payments toward living costs, such as shelter, food,
utilities, health care, transportation, clothing, loan payments, support
payments, and court-imposed obligations.
Sec.
4. RCW
26.19.071 and 1993 c 358 s 4 are each amended to read as follows:
(1)
Consideration of all income. All income and resources of each parent's
household shall be disclosed and considered by the court when the court
determines the child support obligation of each parent. Only the income of the
parents of the children whose support is at issue shall be calculated for
purposes of calculating the basic support obligation. Income and resources of
any other person shall not be included in calculating the basic support
obligation.
(2)
Verification of income. Tax returns for the preceding two years and
current paystubs shall be provided to verify income and deductions. Other
sufficient verification shall be required for income and deductions which do
not appear on tax returns or paystubs.
(3)
Income sources included in gross monthly income. Except as specifically
excluded in subsection (4) of this section, monthly gross income shall include
income from any source, including:
(a)
Salaries;
(b)
Wages;
(c)
Commissions;
(d)
Deferred compensation;
(e)
Overtime;
(f)
Contract-related benefits;
(g)
Income from second jobs;
(h)
Dividends;
(i)
Interest;
(j)
Trust income;
(k)
Severance pay;
(l)
Annuities;
(m)
Capital gains;
(n)
Pension retirement benefits;
(o)
Workers' compensation;
(p)
Unemployment benefits;
(q)
Spousal maintenance actually received;
(r)
Bonuses;
(s)
Social security benefits; and
(t)
Disability insurance benefits.
(4)
Income sources excluded from gross monthly income. The following income
and resources shall be disclosed but shall not be included in gross income:
(a)
Income of a new spouse or income of other adults in the household;
(b)
Child support received from other relationships;
(c)
Gifts and prizes;
(d)
((Aid to families with dependent children)) Temporary assistance for
needy families;
(e)
Supplemental security income;
(f)
General assistance; and
(g)
Food stamps.
Receipt
of income and resources from ((aid to families with dependent children))
temporary assistance for needy families, supplemental security income,
general assistance, and food stamps shall not be a reason to deviate from the
standard calculation.
(5)
Determination of net income. The following expenses shall be disclosed
and deducted from gross monthly income to calculate net monthly income:
(a)
Federal and state income taxes;
(b)
Federal insurance contributions act deductions;
(c)
Mandatory pension plan payments;
(d)
Mandatory union or professional dues;
(e)
State industrial insurance premiums;
(f)
Court-ordered spousal maintenance to the extent actually paid;
(g)
Up to two thousand dollars per year in voluntary pension payments actually made
if the contributions were made for the two tax years preceding the earlier of
the (i) tax year in which the parties separated with intent to live separate
and apart or (ii) tax year in which the parties filed for dissolution; and
(h)
Normal business expenses and self-employment taxes for self-employed persons.
Justification shall be required for any business expense deduction about which
there is disagreement.
Items
deducted from gross income under this subsection shall not be a reason to
deviate from the standard calculation.
(6)
Imputation of income. The court shall impute income to a parent when
the parent is voluntarily unemployed or voluntarily underemployed. The court
shall determine whether the parent is voluntarily underemployed or voluntarily
unemployed based upon that parent's work history, education, health, and age,
or any other relevant factors. A court shall not impute income to a parent who
is gainfully employed on a full-time basis, unless the court finds that the
parent is voluntarily underemployed and finds that the parent is purposely
underemployed to reduce the parent's child support obligation. Income shall
not be imputed for an unemployable parent. Income shall not be imputed to a
parent to the extent the parent is unemployed or significantly underemployed
due to the parent's efforts to comply with court-ordered reunification efforts
under chapter 13.34 RCW or under a voluntary placement agreement with an agency
supervising the child. In the absence of information to the contrary, a
parent's imputed income shall be based on the median income of year-round
full-time workers as derived from the United States bureau of census, current
populations reports, or such replacement report as published by the bureau of
census.
Sec.
5. RCW
26.19.075 and 1993 c 358 s 5 are each amended to read as follows:
(1)
Reasons for deviation from the standard calculation include but are not limited
to the following:
(a)
Sources of income and tax planning. The court may deviate from the
standard calculation after consideration of the following:
(i)
Income of a new spouse if the parent who is married to the new spouse is asking
for a deviation based on any other reason. Income of a new spouse is not, by
itself, a sufficient reason for deviation;
(ii)
Income of other adults in the household if the parent who is living with the
other adult is asking for a deviation based on any other reason. Income of the
other adults in the household is not, by itself, a sufficient reason for
deviation;
(iii)
Child support actually received from other relationships;
(iv)
Gifts;
(v)
Prizes;
(vi)
Possession of wealth, including but not limited to savings, investments, real
estate holdings and business interests, vehicles, boats, pensions, bank
accounts, insurance plans, or other assets;
(vii)
Extraordinary income of a child; or
(viii)
Tax planning considerations. A deviation for tax planning may be granted only
if the child would not receive a lesser economic benefit due to the tax
planning.
(b)
Nonrecurring income. The court may deviate from the standard
calculation based on a finding that a particular source of income included in
the calculation of the basic support obligation is not a recurring source of
income. Depending on the circumstances, nonrecurring income may include
overtime, contract-related benefits, bonuses, or income from second jobs.
Deviations for nonrecurring income shall be based on a review of the
nonrecurring income received in the previous two calendar years.
(c)
Debt and high expenses. The court may deviate from the standard
calculation after consideration of the following expenses:
(i)
Extraordinary debt not voluntarily incurred;
(ii)
A significant disparity in the living costs of the parents due to conditions
beyond their control;
(iii)
Special needs of disabled children;
(iv)
Special medical, educational, or psychological needs of the children; or
(v)
Costs incurred or anticipated to be incurred by the parents in compliance with
court-ordered reunification efforts under chapter 13.34 RCW or under a
voluntary placement agreement with an agency supervising the child.
(d)
Residential schedule. The court may deviate from the standard
calculation if the child spends a significant amount of time with the parent
who is obligated to make a support transfer payment. The court may not deviate
on that basis if the deviation will result in insufficient funds in the
household receiving the support to meet the basic needs of the child or if the
child is receiving ((aid to families with dependent children)) temporary
assistance for needy families. When determining the amount of the
deviation, the court shall consider evidence concerning the increased expenses
to a parent making support transfer payments resulting from the significant
amount of time spent with that parent and shall consider the decreased
expenses, if any, to the party receiving the support resulting from the
significant amount of time the child spends with the parent making the support
transfer payment.
(e)
Children from other relationships. The court may deviate from the
standard calculation when either or both of the parents before the court have
children from other relationships to whom the parent owes a duty of support.
(i)
The child support schedule shall be applied to the mother, father, and children
of the family before the court to determine the presumptive amount of support.
(ii)
Children from other relationships shall not be counted in the number of
children for purposes of determining the basic support obligation and the
standard calculation.
(iii)
When considering a deviation from the standard calculation for children from
other relationships, the court may consider only other children to whom the
parent owes a duty of support. The court may consider court-ordered payments
of child support for children from other relationships only to the extent that
the support is actually paid.
(iv)
When the court has determined that either or both parents have children from
other relationships, deviations under this section shall be based on consideration
of the total circumstances of both households. All child support obligations
paid, received, and owed for all children shall be disclosed and considered.
(2)
All income and resources of the parties before the court, new spouses, and
other adults in the households shall be disclosed and considered as provided in
this section. The presumptive amount of support shall be determined according
to the child support schedule. Unless specific reasons for deviation are set
forth in the written findings of fact and are supported by the evidence, the
court shall order each parent to pay the amount of support determined by using
the standard calculation.
(3)
The court shall enter findings that specify reasons for any deviation or any
denial of a party's request for any deviation from the standard calculation
made by the court. The court shall not consider reasons for deviation until
the court determines the standard calculation for each parent.
(4)
When reasons exist for deviation, the court shall exercise discretion in
considering the extent to which the factors would affect the support
obligation.
(5)
Agreement of the parties is not by itself adequate reason for any deviations
from the standard calculation.
Sec.
6. RCW
43.20B.310 and 1983 1st ex.s. c 41 s 34 are each amended to read as follows:
No
payment may be collected by the department for residential care if the
collection will reduce the income as defined in RCW 74.04.005 of the head of
household and remaining dependents below one hundred percent of the need
standard for ((aid to families with dependent children)) temporary
assistance for needy families.
Sec.
7. RCW
46.16.028 and 1987 c 142 s 1 are each amended to read as follows:
(1)
For the purposes of vehicle license registration, a resident is a person who
manifests an intent to live or be located in this state on more than a
temporary or transient basis. Evidence of residency includes but is not
limited to:
(a)
Becoming a registered voter in this state; or
(b)
Receiving benefits under one of the Washington public assistance programs; or
(c)
Declaring that he or she is a resident for the purpose of obtaining a state
license or tuition fees at resident rates.
(2)
The term "Washington public assistance programs" referred to in
subsection (1)(b) of this section includes only public assistance programs for
which more than fifty percent of the combined costs of benefits and
administration are paid from state funds. Programs which are not included
within the term "Washington public assistance programs" pursuant to
the above criteria include, but are not limited to the food stamp program under
the federal food stamp act of 1964; programs under the child nutrition act of
1966, 42 U.S.C. Secs. 1771 through 1788; and ((aid to families with
dependent children, 42 U.S.C. Secs. 601 through 606)) temporary
assistance for needy families.
(3)
A resident of the state shall register under chapters 46.12 and 46.16 RCW a
vehicle to be operated on the highways of the state. New Washington residents
shall be allowed thirty days from the date they become residents as defined in
this section to procure Washington registration for their vehicles. This
thirty-day period shall not be combined with any other period of reciprocity
provided for in this chapter or chapter 46.85 RCW.
Sec.
8. RCW
46.20.021 and 1996 c 307 s 5 are each amended to read as follows:
(1)
No person, except as expressly exempted by this chapter, may drive any motor
vehicle upon a highway in this state unless the person has a valid driver's
license issued to Washington residents under the provisions of this chapter. A
violation of this subsection is a misdemeanor and is a lesser included offense
within the offenses described in RCW 46.20.342(1) or 46.20.420. However, if a
person in violation of this section provides the citing officer with an expired
driver's license or other valid identifying documentation under RCW 46.20.035
at the time of the stop and is not in violation of RCW 46.20.342(1) or
46.20.420, the violation of this section is an infraction and is subject to a
penalty of two hundred fifty dollars. If the person appears in person before
the court or submits by mail written proof that he or she obtained a valid
license after being cited, the court shall reduce the penalty to fifty dollars.
(2)
For the purposes of obtaining a valid driver's license, a resident is a person
who manifests an intent to live or be located in this state on more than a
temporary or transient basis. Evidence of residency includes but is not
limited to:
(a)
Becoming a registered voter in this state; or
(b)
Receiving benefits under one of the Washington public assistance programs; or
(c)
Declaring that he or she is a resident for the purpose of obtaining a state
license or tuition fees at resident rates.
(3)
The term "Washington public assistance programs" referred to in
subsection (2)(b) of this section includes only public assistance programs for
which more than fifty percent of the combined costs of benefits and
administration are paid from state funds. Programs which are not included
within the term "Washington public assistance programs" pursuant to
the above criteria include, but are not limited to the food stamp program under
the federal food stamp act of 1964; programs under the child nutrition act of
1966, 42 U.S.C. Secs. 1771 through 1788; and ((aid to families with
dependent children, 42 U.S.C. Secs. 601 through 606)) temporary
assistance for needy families.
(4)
No person shall receive a driver's license unless and until he or she
surrenders to the department all valid driver's licenses in his or her
possession issued to him or her by any other jurisdiction. The department shall
establish a procedure to invalidate the surrendered photograph license and
return it to the person. The invalidated license, along with the valid
temporary Washington driver's license provided for in RCW 46.20.055(3), shall
be accepted as proper identification. The department shall notify the issuing
department that the licensee is now licensed in a new jurisdiction. No person
shall be permitted to have more than one valid driver's license at any time.
(5)
New Washington residents are allowed thirty days from the date they become
residents as defined in this section to procure a valid Washington driver's
license.
(6)
Any person licensed as a driver under this chapter may exercise the privilege
thereby granted upon all streets and highways in this state and shall not be
required to obtain any other license to exercise such privilege by any county,
municipal or local board, or body having authority to adopt local police
regulations.
Sec.
9. RCW
70.123.110 and 1979 ex.s. c 245 s 11 are each amended to read as follows:
General
assistance or ((aid to families with dependent children)) temporary
assistance for needy families payments shall be made to otherwise eligible
individuals who are residing in a secure shelter, a housing network or other
shelter facility which provides shelter services to persons who are victims of
domestic violence. Provisions shall be made by the department for the
confidentiality of the shelter addresses where victims are residing.
Sec.
10. RCW
74.04.005 and 1992 c 165 s 1 and 1992 c 136 s 1 are each reenacted and amended
to read as follows:
For
the purposes of this title, unless the context indicates otherwise, the
following definitions shall apply:
(1)
"Public assistance" or "assistance"CPublic aid to persons in need thereof for any cause,
including services, medical care, assistance grants, disbursing orders, work
relief, general assistance and federal-aid assistance.
(2)
"Department"CThe
department of social and health services.
(3)
"County or local office"CThe
administrative office for one or more counties or designated service areas.
(4)
"Director" or "secretary" means the secretary of social and
health services.
(5)
"Federal-aid assistance"CThe
specific categories of assistance for which provision is made in any federal
law existing or hereafter passed by which payments are made from the federal
government to the state in aid or in respect to payment by the state for public
assistance rendered to any category of needy persons for which provision for
federal funds or aid may from time to time be made, or a federally administered
needs-based program.
(6)(a)
"General assistance"CAid to
persons in need who:
(i)
Are not eligible to receive federal-aid assistance, other than food stamps and
medical assistance; however, an individual who refuses or fails to cooperate in
obtaining federal-aid assistance, without good cause, is not eligible for
general assistance;
(ii)
Meet one of the following conditions:
(A)
Pregnant: PROVIDED, That need is based on the current income and resource
requirements of the federal ((aid to families with dependent children)) temporary
assistance for needy families program: PROVIDED FURTHER, That during any
period in which an aid for dependent children employable program is not in
operation, only those pregnant women who are categorically eligible for
medicaid are eligible for general assistance; or
(B)
Subject to chapter 165, Laws of 1992, incapacitated from gainful employment by
reason of bodily or mental infirmity that will likely continue for a minimum of
ninety days as determined by the department.
(C)
Persons who are unemployable due to alcohol or drug addiction are not eligible
for general assistance. Persons receiving general assistance on July 26, 1987,
or becoming eligible for such assistance thereafter, due to an alcohol or
drug-related incapacity, shall be referred to appropriate assessment,
treatment, shelter, or supplemental security income referral services as
authorized under chapter 74.50 RCW. Referrals shall be made at the time of application
or at the time of eligibility review. Alcoholic and drug addicted clients who
are receiving general assistance on July 26, 1987, may remain on general
assistance if they otherwise retain their eligibility until they are assessed
for services under chapter 74.50 RCW. Subsection (6)(a)(ii)(B) of this section
shall not be construed to prohibit the department from granting general
assistance benefits to alcoholics and drug addicts who are incapacitated due to
other physical or mental conditions that meet the eligibility criteria for the
general assistance program;
(iii)
Are citizens or aliens lawfully admitted for permanent residence or otherwise
residing in the United States under color of law; and
(iv)
Have furnished the department their social security account number. If the
social security account number cannot be furnished because it has not been
issued or is not known, an application for a number shall be made prior to
authorization of assistance, and the social security number shall be provided
to the department upon receipt.
(b)
Notwithstanding the provisions of subsection (6)(a)(i), (ii), and (c) of this
section, general assistance shall be provided to the following recipients of
federal-aid assistance:
(i)
Recipients of supplemental security income whose need, as defined in this
section, is not met by such supplemental security income grant because of
separation from a spouse; or
(ii)
To the extent authorized by the legislature in the biennial appropriations act,
to recipients of ((aid to families with dependent children)) temporary
assistance for needy families whose needs are not being met because of a
temporary reduction in monthly income below the entitled benefit payment level
caused by loss or reduction of wages or unemployment compensation benefits or
some other unforeseen circumstances. The amount of general assistance
authorized shall not exceed the difference between the entitled benefit payment
level and the amount of income actually received.
(c)
General assistance shall be provided only to persons who are not members of
assistance units receiving federal aid assistance, except as provided in
subsection (6)(a)(ii)(A) and (b) of this section, and will accept available
services which can reasonably be expected to enable the person to work or
reduce the need for assistance unless there is good cause to refuse. Failure
to accept such services shall result in termination until the person agrees to
cooperate in accepting such services and subject to the following maximum
periods of ineligibility after reapplication:
(i)
First failure: One week;
(ii)
Second failure within six months: One month;
(iii)
Third and subsequent failure within one year: Two months.
(d)
Persons found eligible for general assistance based on incapacity from gainful
employment may, if otherwise eligible, receive general assistance pending
application for federal supplemental security income benefits. Any general
assistance that is subsequently duplicated by the person's receipt of
supplemental security income for the same period shall be considered a debt due
the state and shall by operation of law be subject to recovery through all
available legal remedies.
(e)
The department shall adopt by rule medical criteria for general assistance
eligibility to ensure that eligibility decisions are consistent with statutory
requirements and are based on clear, objective medical information.
(f)
The process implementing the medical criteria shall involve consideration of
opinions of the treating or consulting physicians or health care professionals
regarding incapacity, and any eligibility decision which rejects uncontroverted
medical opinion must set forth clear and convincing reasons for doing so.
(g)
Recipients of general assistance based upon a finding of incapacity from
gainful employment who remain otherwise eligible shall not have their benefits
terminated absent a clear showing of material improvement in their medical or
mental condition or specific error in the prior determination that found the
recipient eligible by reason of incapacitation. Recipients of general
assistance based upon pregnancy who relinquish their child for adoption, remain
otherwise eligible, and are not eligible to receive benefits under the federal
((aid to families with dependent children)) temporary assistance for
needy families program shall not have their benefits terminated until the
end of the month in which the period of six weeks following the birth of the
recipient's child falls. Recipients of the federal ((aid to families with
dependent children)) temporary assistance for needy families program
who lose their eligibility solely because of the birth and relinquishment of
the qualifying child may receive general assistance through the end of the
month in which the period of six weeks following the birth of the child falls.
(7)
"Applicant"CAny
person who has made a request, or on behalf of whom a request has been made, to
any county or local office for assistance.
(8)
"Recipient"CAny
person receiving assistance and in addition those dependents whose needs are
included in the recipient's assistance.
(9)
"Standards of assistance"CThe
level of income required by an applicant or recipient to maintain a level of
living specified by the department.
(10)
"Resource"CAny
asset, tangible or intangible, owned by or available to the applicant at the
time of application, which can be applied toward meeting the applicant's need,
either directly or by conversion into money or its equivalent: PROVIDED, That
an applicant may retain the following described resources and not be ineligible
for public assistance because of such resources.
(a)
A home, which is defined as real property owned and used by an applicant or
recipient as a place of residence, together with a reasonable amount of
property surrounding and contiguous thereto, which is used by and useful to the
applicant. Whenever a recipient shall cease to use such property for
residential purposes, either for himself or herself or his or her
dependents, the property shall be considered as a resource which can be made
available to meet need, and if the recipient or his or her dependents
absent themselves from the home for a period of ninety consecutive days such
absence, unless due to hospitalization or health reasons or a natural disaster,
shall raise a rebuttable presumption of abandonment: PROVIDED, That if in the
opinion of three physicians the recipient will be unable to return to the home
during his or her lifetime, and the home is not occupied by a spouse or
dependent children or disabled sons or daughters, such property shall be
considered as a resource which can be made available to meet need.
(b)
Household furnishings and personal effects and other personal property having
great sentimental value to the applicant or recipient, as limited by the
department consistent with limitations on resources and exemptions for federal
aid assistance.
(c)
A motor vehicle, other than a motor home, used and useful having an equity
value not to exceed one thousand five hundred dollars.
(d)
All other resources, including any excess of values exempted, not to exceed one
thousand dollars or other limit as set by the department, to be consistent with
limitations on resources and exemptions necessary for federal aid assistance.
(e)
Applicants for or recipients of general assistance shall have their eligibility
based on resource limitations consistent with the ((aid to families with
dependent children)) temporary assistance for needy families program
rules adopted by the department.
(f)
If an applicant for or recipient of public assistance possesses property and
belongings in excess of the ceiling value, such value shall be used in
determining the need of the applicant or recipient, except that: (i) The
department may exempt resources or income when the income and resources are
determined necessary to the applicant's or recipient's restoration to
independence, to decrease the need for public assistance, or to aid in
rehabilitating the applicant or recipient or a dependent of the applicant or
recipient; and (ii) the department may provide grant assistance for a period
not to exceed nine months from the date the agreement is signed pursuant to
this section to persons who are otherwise ineligible because of excess real
property owned by such persons when they are making a good faith effort to
dispose of that property: PROVIDED, That:
(A)
The applicant or recipient signs an agreement to repay the lesser of the amount
of aid received or the net proceeds of such sale;
(B)
If the owner of the excess property ceases to make good faith efforts to sell
the property, the entire amount of assistance may become an overpayment and a
debt due the state and may be recovered pursuant to RCW 43.20B.630;
(C)
Applicants and recipients are advised of their right to a fair hearing and
afforded the opportunity to challenge a decision that good faith efforts to
sell have ceased, prior to assessment of an overpayment under this section; and
(D)
At the time assistance is authorized, the department files a lien without a sum
certain on the specific property.
(11)
"Income"C(a) All
appreciable gains in real or personal property (cash or kind) or other assets,
which are received by or become available for use and enjoyment by an applicant
or recipient during the month of application or after applying for or receiving
public assistance. The department may by rule and regulation exempt income
received by an applicant for or recipient of public assistance which can be
used by him or her to decrease his or her need for public
assistance or to aid in rehabilitating him or her or his or her
dependents, but such exemption shall not, unless otherwise provided in this
title, exceed the exemptions of resources granted under this chapter to an
applicant for public assistance. In determining the amount of assistance to
which an applicant or recipient of ((aid to families with dependent children))
temporary assistance for needy families is entitled, the department is
hereby authorized to disregard as a resource or income the earned income
exemptions consistent with federal requirements. The department may permit the
above exemption of earnings of a child to be retained by such child to cover
the cost of special future identifiable needs even though the total exceeds the
exemptions or resources granted to applicants and recipients of public assistance,
but consistent with federal requirements. In formulating rules and regulations
pursuant to this chapter, the department shall define income and resources and
the availability thereof, consistent with federal requirements. All resources
and income not specifically exempted, and any income or other economic benefit
derived from the use of, or appreciation in value of, exempt resources, shall
be considered in determining the need of an applicant or recipient of public
assistance.
(b)
If, under applicable federal requirements, the state has the option of
considering property in the form of lump sum compensatory awards or related
settlements received by an applicant or recipient as income or as a resource,
the department shall consider such property to be a resource.
(12)
"Need"CThe
difference between the applicant's or recipient's standards of assistance for
himself or herself and the dependent members of his or her
family, as measured by the standards of the department, and value of all
nonexempt resources and nonexempt income received by or available to the
applicant or recipient and the dependent members of his or her family.
(13)
For purposes of determining eligibility for public assistance and participation
levels in the cost of medical care, the department shall exempt restitution
payments made to people of Japanese and Aleut ancestry pursuant to the Civil
Liberties Act of 1988 and the Aleutian and Pribilof Island Restitution Act
passed by congress, P.L. 100‑383, including all income and resources
derived therefrom.
(14)
In the construction of words and phrases used in this title, the singular
number shall include the plural, the masculine gender shall include both the
feminine and neuter genders and the present tense shall include the past and
future tenses, unless the context thereof shall clearly indicate to the
contrary.
Sec.
11. RCW
74.04.770 and 1983 1st ex.s. c 41 s 38 are each amended to read as follows:
The
department shall establish consolidated standards of need each fiscal year
which may vary by geographical areas, program, and family size, for ((aid to
families with dependent children)) temporary assistance for needy
families, refugee assistance, supplemental security income, and general
assistance. Standards for ((aid to families with dependent children)) temporary
assistance for needy families, refugee assistance, and general assistance
shall be based on studies of actual living costs and generally recognized
inflation indices and shall include reasonable allowances for shelter, fuel,
food, transportation, clothing, household maintenance and operations, personal
maintenance, and necessary incidentals. The standard of need may take into
account the economies of joint living arrangements, but unless explicitly
required by federal statute, there shall not be proration of any portion of
assistance grants unless the amount of the grant standard is equal to the
standard of need.
The
department is authorized to establish rateable reductions and grant maximums
consistent with federal law.
Payment
level will be equal to need or a lesser amount if rateable reductions or grant
maximums are imposed. In no case shall a recipient of supplemental security
income receive a state supplement less than the minimum required by federal
law.
The
department may establish a separate standard for shelter provided at no cost.
Sec.
12. RCW
74.08.080 and 1989 c 175 s 145 are each amended to read as follows:
(1)(a)
A public assistance applicant or recipient who is aggrieved by a decision of
the department or an authorized agency of the department has the right to an
adjudicative proceeding. A current or former recipient who is aggrieved by a
department claim that he or she owes a debt for an overpayment of assistance or
food stamps, or both, has the right to an adjudicative proceeding.
(b)
An applicant or recipient has no right to an adjudicative proceeding when the
sole basis for the department's decision is a state or federal law that
requires an assistance adjustment for a class of recipients.
(2)
The adjudicative proceeding is governed by the Administrative Procedure Act,
chapter 34.05 RCW, and this subsection.
(a)
The applicant or recipient must file the application for an adjudicative
proceeding with the secretary within ninety days after receiving notice of the
aggrieving decision.
(b)
The hearing shall be conducted at the local community services office or other
location in Washington convenient to the appellant.
(c)
The appellant or his or her representative has the right to inspect his or her
department file and, upon request, to receive copies of department documents
relevant to the proceedings free of charge.
(d)
The appellant has the right to a copy of the tape recording of the hearing free
of charge.
(e)
The department is limited to recovering an overpayment arising from assistance
being continued pending the adjudicative proceeding to the amount recoverable
up to the sixtieth day after the secretary's receipt of the application for an
adjudicative proceeding.
(f)
If the final adjudicative order is made in favor of the appellant, assistance
shall be paid from the date of denial of the application for assistance or
thirty days following the date of application for ((aid to families with
dependent children)) temporary assistance for needy families or
forty-five days after date of application for all other programs, whichever is
sooner; or in the case of a recipient, from the effective date of the local
community services office decision.
(g)
This subsection applies only to an adjudicative proceeding in which the
appellant is an applicant for or recipient of medical assistance or the limited
casualty program for the medically needy and the issue is his or her
eligibility or ineligibility due to the assignment or transfer of a resource.
The burden is on the department to prove by a preponderance of the evidence
that the person knowingly and willingly assigned or transferred the resource at
less than market value for the purpose of qualifying or continuing to qualify
for medical assistance or the limited casualty program for the medically
needy. If the prevailing party in the adjudicative proceeding is the applicant
or recipient, he or she is entitled to reasonable attorney's fees.
(3)(a)
When a person files a petition for judicial review as provided in RCW 34.05.514
of an adjudicative order entered in a public assistance program, no filing fee
shall be collected from the person and no bond shall be required on any
appeal. In the event that the superior court, the court of appeals, or the
supreme court renders a decision in favor of the appellant, said appellant
shall be entitled to reasonable attorney's fees and costs. If a decision of
the court is made in favor of the appellant, assistance shall be paid from date
of the denial of the application for assistance or thirty days after the
application for ((aid to families with dependent children)) temporary
assistance for needy families or forty-five days following the date of
application, whichever is sooner; or in the case of a recipient, from the
effective date of the local community services office decision.
Sec.
13. RCW
74.08.335 and 1980 c 79 s 2 are each amended to read as follows:
((Aid
to families with dependent children)) Temporary assistance for needy
families and general assistance shall not be granted to any person who has
made an assignment or transfer of property for the purpose of rendering himself
or herself eligible for the assistance. There is a rebuttable
presumption that a person who has transferred or transfers any real or personal
property or any interest in property within two years of the date of
application for the assistance without receiving adequate monetary
consideration therefor, did so for the purpose of rendering himself or
herself eligible for the assistance. Any person who transfers property for
the purpose of rendering himself or herself eligible for assistance, or
any person who after becoming a recipient transfers any property or any
interest in property without the consent of the secretary, shall be ineligible
for assistance for a period of time during which the reasonable value of the
property so transferred would have been adequate to meet the person's needs
under normal conditions of living: PROVIDED, That the secretary is hereby
authorized to allow exceptions in cases where undue hardship would result from
a denial of assistance.
Sec.
14. RCW
74.09.510 and 1991 sp.s. c 8 s 8 are each amended to read as follows:
Medical
assistance may be provided in accordance with eligibility requirements
established by the department of social and health services, as defined in the
social security Title XIX state plan for mandatory categorically needy persons
and: (1) Individuals who would be eligible for cash assistance except for
their institutional status; (2) individuals who are under twenty-one years of
age, who would be eligible for ((aid to families with dependent children))
medicaid, but do not qualify as dependent children and who are in (a)
foster care, (b) subsidized adoption, (c) a nursing facility or an intermediate
care facility for the mentally retarded, or (d) inpatient psychiatric
facilities; (3) the aged, blind, and disabled who: (a) Receive only a state
supplement, or (b) would not be eligible for cash assistance if they were not
institutionalized; (4) individuals who would be eligible for but choose not to
receive cash assistance; (5) individuals who are enrolled in managed health
care systems, who have otherwise lost eligibility for medical assistance, but
who have not completed a current six-month enrollment in a managed health care
system, and who are eligible for federal financial participation under Title
XIX of the social security act; (6) children and pregnant women allowed by
federal statute for whom funding is appropriated; and (7) other individuals
eligible for medical services under RCW 74.09.035 and 74.09.700 for whom
federal financial participation is available under Title XIX of the social
security act.
Sec.
15. RCW
74.09.522 and 1989 c 260 s 2 are each amended to read as follows:
(1)
For the purposes of this section, "managed health care system" means
any health care organization, including health care providers, insurers, health
care service contractors, health maintenance organizations, health insuring
organizations, or any combination thereof, that provides directly or by
contract health care services covered under RCW 74.09.520 and rendered by
licensed providers, on a prepaid capitated case management basis and that meets
the requirements of section 1903(m)(1)(A) of Title XIX of the federal social security
act.
(2)
No later than July 1, 1991, the department of social and health services shall
enter into agreements with managed health care systems to provide health care
services to recipients of ((aid to families with dependent children)) temporary
assistance for needy families under the following conditions:
(a)
Agreements shall be made for at least thirty thousand recipients state-wide;
(b)
Agreements in at least one county shall include enrollment of all recipients of
((aid to families with dependent children)) temporary assistance for
needy families;
(c)
To the extent that this provision is consistent with section 1903(m) of Title
XIX of the federal social security act, recipients shall have a choice of
systems in which to enroll and shall have the right to terminate their
enrollment in a system: PROVIDED, That the department may limit recipient
termination of enrollment without cause to the first month of a period of
enrollment, which period shall not exceed six months: AND PROVIDED FURTHER, That
the department shall not restrict a recipient's right to terminate enrollment
in a system for cause;
(d)
To the extent that this provision is consistent with section 1903(m) of Title
XIX of the federal social security act, participating managed health care
systems shall not enroll a disproportionate number of medical assistance
recipients within the total numbers of persons served by the managed health
care systems, except that this subsection (d) shall not apply to entities
described in subparagraph (B) of section 1903(m) of Title XIX of the federal
social security act;
(e)
Prior to negotiating with any managed health care system, the department shall
estimate, on an actuarially sound basis, the expected cost of providing the
health care services expressed in terms of upper and lower limits, and
recognizing variations in the cost of providing the services through the
various systems and in different project areas. In negotiating with managed
health care systems the department shall adopt a uniform procedure to negotiate
and enter into contractual arrangements, including standards regarding the
quality of services to be provided; and financial integrity of the responding
system;
(f)
The department shall seek waivers from federal requirements as necessary to
implement this chapter;
(g)
The department shall, wherever possible, enter into prepaid capitation
contracts that include inpatient care. However, if this is not possible or
feasible, the department may enter into prepaid capitation contracts that do not
include inpatient care;
(h)
The department shall define those circumstances under which a managed health
care system is responsible for out-of-system services and assure that
recipients shall not be charged for such services; and
(i)
Nothing in this section prevents the department from entering into similar
agreements for other groups of people eligible to receive services under
chapter 74.09 RCW.
(3)
The department shall seek to obtain a large number of contracts with providers
of health services to medicaid recipients. The department shall ensure that
publicly supported community health centers and providers in rural areas, who
show serious intent and apparent capability to participate in the project as
managed health care systems are seriously considered as providers in the
project. The department shall coordinate these projects with the plans
developed under chapter 70.47 RCW.
(4)
The department shall work jointly with the state of Oregon and other states in
this geographical region in order to develop recommendations to be presented to
the appropriate federal agencies and the United States congress for improving
health care of the poor, while controlling related costs.
Sec.
16. RCW
74.12.010 and 1992 c 136 s 2 are each amended to read as follows:
For
the purposes of the administration of ((aid to families with dependent
children assistance)) temporary assistance for needy families, the
term "dependent child" means any child in need under the age of
eighteen years who has been deprived of parental support or care by reason of
the death, continued absence from the home, or physical or mental incapacity of
the parent, and who is living with a relative as specified under federal ((aid
to families with dependent children)) temporary assistance for needy
families program requirements, in a place of residence maintained by one or
more of such relatives as his or their homes. The term a "dependent
child" shall, notwithstanding the foregoing, also include a child who
would meet such requirements except for his removal from the home of a relative
specified above as a result of a judicial determination that continuation
therein would be contrary to the welfare of such child, for whose placement and
care the state department of social and health services or the county office is
responsible, and who has been placed in a licensed or approved child care
institution or foster home as a result of such determination and who: (1) Was
receiving an aid to families with dependent children grant for the month in
which court proceedings leading to such determination were initiated; or (2)
would have received aid to families with dependent children for such month if
application had been made therefor; or (3) in the case of a child who had been
living with a specified relative within six months prior to the month in which
such proceedings were initiated, would have received aid to families with
dependent children for such month if in such month he had been living with such
a relative and application had been made therefor, as authorized by the Social
Security Act: PROVIDED, That to the extent authorized by the legislature in
the biennial appropriations act and to the extent that matching funds are
available from the federal government, ((aid to families with dependent
children)) temporary assistance for needy families assistance shall
be available to any child in need who has been deprived of parental support or
care by reason of the unemployment of a parent or stepparent liable under this
chapter for support of the child.
"((Aid
to families with dependent children)) Temporary assistance for needy
families" means money payments, services, and remedial care with
respect to a dependent child or dependent children and the needy parent or
relative with whom the child lives and may include another parent or stepparent
of the dependent child if living with the parent and if the child is a
dependent child by reason of the physical or mental incapacity or unemployment
of a parent or stepparent liable under this chapter for the support of such
child.
Sec.
17. RCW
74.12.030 and 1971 ex.s. c 169 s 6 are each amended to read as follows:
In
addition to meeting the eligibility requirements of RCW 74.08.025, as now or
hereafter amended, an applicant for ((aid to families with dependent
children)) temporary assistance for needy families must be a needy
child who is a resident of the state of Washington.
Sec.
18. RCW
74.12.035 and 1985 c 335 s 1 are each amended to read as follows:
(1)
A family or assistance unit is not eligible for aid for any month if for that
month the total income of the family or assistance unit, without application of
income disregards, exceeds one hundred eighty-five percent of the state
standard of need for a family of the same composition: PROVIDED, That for the
purposes of determining the total income of the family or assistance unit, the
earned income of a dependent child who is a full-time student for whom ((aid
to families with dependent children)) temporary assistance for needy
families is being provided shall be disregarded for six months per calendar
year.
(2)
Participation in a strike does not constitute good cause to leave or to refuse
to seek or accept employment. Assistance is not payable to a family for any
month in which any caretaker relative with whom the child is living is, on the
last day of the month, participating in a strike. An individual's need shall
not be included in determining the amount of aid payable for any month to a
family or assistance unit if, on the last day of the month, the individual is
participating in a strike.
(3)
Children over eighteen years of age and under nineteen years of age who are
full-time students reasonably expected to complete a program of secondary
school, or the equivalent level of vocational or technical training, before
reaching nineteen years of age are eligible to receive ((aid to families
with dependent children)) temporary assistance for needy families:
PROVIDED HOWEVER, That if such students do not successfully complete such
program before reaching nineteen years of age, the assistance rendered under
this subsection during such period shall not be a debt due the state.
Sec.
19. RCW
74.12.036 and 1994 c 299 s 11 are each amended to read as follows:
The
department shall amend the state plan to eliminate the one hundred hour work
rule for recipients of ((aid to families with dependent children-employable))
temporary assistance for needy families.
*Sec.
20.
RCW 74.12.250 and 1963 c 228 s 21 are each amended to read as follows:
If
the department, after investigation, finds that any recipient of funds under ((an
aid to families with dependent children)) a temporary assistance for
needy families grant is not utilizing the grant adequately for the needs of
the child or children or is otherwise dissipating such grant, or is unable to
manage adequately the funds paid on behalf of said child and that to continue
said payments to him or her would be contrary to the welfare of the
child, the department may make such payments to another individual who is
interested in or concerned with the welfare of such child and relative:
PROVIDED, That the department shall provide such counseling and other services
as are available and necessary to develop greater ability on the part of the
relative to manage funds in such manner as to protect the welfare of the
family. Periodic review of each case shall be made by the department to
determine if said relative is able to resume management of the assistance
grant. If after a reasonable period of time the payments to the relative
cannot be resumed, the department may request the attorney general to file a
petition in the superior court for the appointment of a guardian for the child
or children. Such petition shall set forth the facts warranting such
appointment. Notice of the hearing on such petition shall be served upon the
recipient and the department not less than ten days before the date set for
such hearing. Such petition may be filed with the clerk of superior court and
all process issued and served without payment of costs. If upon the hearing of
such petition the court is satisfied that it is for the best interest of the
child or children, and all parties concerned, that a guardian be appointed, he or
she shall order the appointment, and may require the guardian to render to
the court a detailed itemized account of expenditures of such assistance
payments at such time as the court may deem advisable.
It
is the intention of this section that the guardianship herein provided for
shall be a special and limited guardianship solely for the purpose of
safeguarding the assistance grants made to dependent children. Such
guardianship shall terminate upon the termination of such assistance grant, or
sooner on order of the court, upon good cause shown.
*Sec. 20 was vetoed. See message at end of chapter.
Sec.
21. RCW
74.12.260 and 1979 c 141 s 351 are each amended to read as follows:
((Aid
to families with dependent children)) Temporary assistance for needy
families grants shall be made to persons specified in RCW 74.12.010 as
amended or such others as the federal department of health, education and
welfare shall recognize for the sole purposes of giving benefits to the
children whose needs are included in the grant paid to such persons. The
recipient of each ((aid to families with dependent children's)) temporary
assistance for needy families grant shall be and hereby is required to
present reasonable proof to the department of social and health services as
often as may be required by the department that all funds received in the form
of ((an aid to families with dependent children)) a temporary
assistance for needy families grant for the children represented in the
grant are being spent for the benefit of the children.
Sec.
22. RCW
74.12.280 and 1983 c 3 s 191 are each amended to read as follows:
The
department is hereby authorized to ((promulgate)) adopt rules ((and
regulations which)) that will provide for coordination between the
services provided pursuant to chapter 74.13 RCW and the services provided under
the ((aid to families with dependent children)) temporary assistance
for needy families program in order to provide welfare and related services
which will best promote the welfare of such children and their families and
conform with the provisions of Public Law 87-543 (HR 10606).
Sec.
23. RCW
74.12.361 and 1994 c 299 s 35 are each amended to read as follows:
The
department shall actively develop mechanisms for the income assistance program,
the medical assistance program, and the community services administration to
facilitate the enrollment in the federal supplemental security income program
of disabled persons currently part of assistance units receiving ((aid to
families with dependent children)) temporary assistance for needy
families benefits.
Sec.
24. RCW
74.12.400 and 1994 c 299 s 2 are each amended to read as follows:
The
department shall train financial services and social work staff who provide
direct service to recipients of ((aid to families with dependent children))
temporary assistance for needy families to:
(1)
Effectively communicate the transitional nature of ((aid to families with
dependent children)) temporary assistance for needy families and the
expectation that recipients will enter employment;
(2)
Actively refer clients to the job opportunities and basic skills program;
(3)
Provide social services needed to overcome obstacles to employability; and
(4)
Provide family planning information and assistance, including alternatives to
abortion, which shall be conducted in consultation with the department of
health.
*Sec.
25.
RCW 74.12.410 and 1994 c 299 s 3 are each amended to read as follows:
At
time of application or reassessment under this chapter the department shall
offer or contract for family planning information and assistance, including
alternatives to abortion, and any other available locally based teen pregnancy
prevention programs, to prospective and current recipients of ((aid to
families with dependent children)) temporary assistance for needy
families.
*Sec. 25 was vetoed. See message at end of chapter.
Sec.
26. RCW
74.12.420 and 1994 c 299 s 9 are each amended to read as follows:
The
legislature recognizes that long-term recipients of ((aid to families with
dependent children)) temporary assistance for needy families may
require a period of several years to attain economic self-sufficiency. To
provide incentives for long-term recipients to leave public assistance and
accept paid employment, the legislature finds that less punitive and onerous
sanctions than those required by the federal government are appropriate. The
legislature finds that a ten percent reduction in grants for long-term
recipients that may be replaced through earned income is a more positive
approach than sanctions required by the federal government for long-term
recipients who fail to comply with requirements of the job opportunities and
basic skills program. A long-term recipient shall not be subject to two
simultaneous sanctions for failure to comply with the participation
requirements of the job opportunities and basic skills program and for
exceeding the length of stay provisions of this section.
(1)
After forty-eight monthly benefit payments in a sixty-month period, and after
each additional twelve monthly benefit payments, the ((aid to families with
dependent children)) temporary assistance for needy families monthly
benefit payment shall be reduced by ten percent of the payment standard, except
that after forty-eight monthly payments in a sixty-month period, full monthly
benefit payments may be made if:
(a)
The person is incapacitated or is needed in the home to care for a member of
the household who is incapacitated;
(b)
The person is needed in the home to care for a child who is under three years
of age;
(c)
There are no adults in the assistance unit;
(d)
The person is cooperating in the development and implementation of an
employability plan while receiving ((aid to families with dependent children))
temporary assistance for needy families and no present full-time,
part-time, or unpaid work experience job is offered; or
(e)
During a month in which a grant reduction would be imposed under this section,
the person is participating in an unpaid work experience program.
(2)
For purposes of determining the amount of the food stamp benefit for recipients
subject to benefit reductions provided for in subsection (1) of this section,
countable income from the ((aid to families with dependent children)) temporary
assistance for needy families program shall be set at the payment standard.
(3)
For purposes of determining monthly benefit payments for two-parent ((aid to
families with dependent children)) temporary assistance for needy
families households, the length of stay criterion will be applied to the
parent with the longer history of public assistance receipt.
Sec.
27. RCW
74.12.425 and 1994 c 299 s 10 are each amended to read as follows:
For
purposes of determining the amount of monthly benefit payment to recipients of
((aid to families with dependent children)) temporary assistance for
needy families who are subject to benefit reductions due to length of stay,
all countable nonexempt earned income shall be subtracted from an amount equal
to the payment standard.
Sec.
28. RCW
74.12.900 and 1994 c 299 s 12 are each amended to read as follows:
The
revisions to the ((aid to families with dependent children)) temporary
assistance for needy families program and job opportunities and basic
skills training program shall be implemented by the department of social and
health services on a state-wide basis.
Sec.
29. RCW
74.25.010 and 1994 c 299 s 6 are each amended to read as follows:
The
legislature establishes as state policy the goal of economic self-sufficiency
for employable recipients of public assistance, through employment, training,
and education. In furtherance of this policy, the legislature intends to
comply with the requirements of the federal social security act, as amended, by
creating a job opportunities and basic skills training program for applicants
and recipients of ((aid to families with dependent children)) temporary
assistance for needy families. The purpose of this program is to provide
recipients of ((aid to families with dependent children)) temporary
assistance for needy families the opportunity to obtain appropriate
education, training, skills, and supportive services, including child care,
consistent with their needs, that will help them enter or reenter gainful
employment, thereby avoiding long-term welfare dependence and achieving
economic self-sufficiency. The program shall be operated by the department of
social and health services in conformance with federal law and consistent with
the following legislative findings:
(1)
The legislature finds that the well-being of children depends not only on
meeting their material needs, but also on the ability of parents to become
economically self-sufficient. The job opportunities and basic skills training
program is specifically directed at increasing the labor force participation
and household earnings of ((aid to families with dependent children)) temporary
assistance for needy families recipients, through the removal of barriers
preventing them from achieving self-sufficiency. These barriers include, but
are not limited to, the lack of recent work experience, supportive services
such as affordable and reliable child care, adequate transportation,
appropriate counseling, and necessary job-related tools, equipment, books,
clothing, and supplies, the absence of basic literacy skills, the lack of
educational attainment sufficient to meet labor market demands for career
employees, and the nonavailability of useful labor market assessments.
(2)
The legislature also recognizes that ((aid to families with dependent
children)) temporary assistance for needy families recipients must
be acknowledged as active participants in self-sufficiency planning under the
program. The legislature finds that the department of social and health
services should communicate concepts of the importance of work and how
performance and effort directly affect future career and educational opportunities
and economic well-being, as well as personal empowerment, self-motivation, and
self-esteem to program participants. The legislature further recognizes that
informed choice is consistent with individual responsibility, and that parents
should be given a range of options for available child care while participating
in the program.
(3)
The legislature finds that current work experience is one of the most important
factors influencing an individual's ability to work toward financial stability
and an adequate standard of living in the long term, and that work experience
should be the most important component of the program.
(4)
The legislature finds that education, including, but not limited to, literacy,
high school equivalency, vocational, secondary, and postsecondary, is one of
the most important tools an individual needs to achieve full independence, and
that this should be an important component of the program.
(5)
The legislature further finds that the objectives of this program are to assure
that ((aid to families with dependent children)) temporary assistance
for needy families recipients gain experience in the labor force and
thereby enhance their long-term ability to achieve financial stability and an
adequate standard of living at wages that will meet family needs.
Sec.
30. RCW
74.25.040 and 1994 c 299 s 8 are each amended to read as follows:
Recipients
of ((aid to families with dependent children)) temporary assistance
for needy families who are not participating in an education or work
training program may volunteer to work in a licensed child care facility, or
other willing volunteer work site. Licensed child care facilities
participating in this effort shall provide care for the recipient's children
and provide for the development of positive child care skills.
Sec.
31. RCW
74.25A.045 and 1994 c 299 s 23 are each amended to read as follows:
A
local employment partnership council shall be established in each pilot project
area to assist the department of social and health services in the
administration of this chapter and to allow local flexibility in dealing with
the particular needs of each pilot project area. Each council shall be
primarily responsible for recruiting and encouraging participation of
employment providers in the project site. Each council shall be composed of
nine members who shall be appointed by the county legislative authority of the
county in which the pilot project operates. Councilmembers shall be residents
of or employers in the pilot project area in which they are appointed and shall
serve three-year terms. The council shall have two members who are current or
former recipients of the aid to families with dependent children or
temporary assistance for needy families programs or food stamp
program, two members who represent labor, and five members who represent the
local business community. In addition, one person representing the local
community service office of the department of social and health services, one
person representing a community action agency or other nonprofit service
provider, and one person from a local city or county government shall serve as
nonvoting members.
Sec.
32. RCW
74.25A.050 and 1994 c 299 s 24 are each amended to read as follows:
Participants
shall be considered recipients of ((aid to families with dependent children))
temporary assistance for needy families and remain eligible for medicaid
benefits even if the participant does not receive a residual grant. Work
supplementation participants shall be eligible for (1) the thirty-dollar plus
one-third of earned income exclusion from income, (2) the work related expense
disregard, and (3) any applicable child care expense disregard deemed available
to recipient of aid in computing his or her grant under this chapter, unless
prohibited by federal law.
