WSR 97-03-049
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Public Assistance)
[Filed January 10, 1997, 4:10 p.m.]
Date of Adoption: January 10, 1997.
Purpose: To comply with the federal requirement that temporary assistance to needy families (TANF) be denied to fugitive felons and probation and parole violators.
Citation of Existing Rules Affected by this Order: New section WAC 388-215-1550 Temporary assistance to needy families--Denial of assistance to fugitive felons and probation and parole violators.
Statutory Authority for Adoption: RCW 74.04.050 and 74.04.055.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: In order to secure federal funding for the state of Washington's TANF program beginning January 10, 1997, the state must comply with the federal requirements of Public Law 104-193 which denies TANF benefits to individuals who are fugitive felons or probation or parole violators.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 1, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Immediately.
January 10, 1997
Merry Kogut, Manager
Rules and Policies Assistance Unit
NEW SECTION
WAC 388-215-1550 Temporary assistance to needy families (TANF)--Denial of assistance to fugitive felons and probation and parole violators. (1) The department shall not authorize TANF on behalf of an individual who is:
(a) Fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees, or which is a high misdemeanor under the laws of a state, as in the case of New Jersey; or
(b) Violating a condition of probation or parole imposed under federal or state law as determined by an administrative body or court of competent jurisdiction.
(2) Subsection (1) of this section shall not apply to an individual
in any month after that individual has been pardoned by the President of
the United States for such conduct described in subsection (1).
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