WSR 97-03-052
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Public Assistance)
[Filed January 10, 1997, 4:13 p.m.]
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 388-215-1550 Temporary assistance to needy families--Denial of assistance to fugitive felons and probation and parole violators.
Purpose: To comply with the federal requirement that TANF assistance be denied to fugitive felons and probation and parole violators as stated in Public Law 104-193.
Statutory Authority for Adoption: RCW 74.04.050 and 74.04.055.
Statute Being Implemented: Public Law 104-193, section 103 (a)(1) (1996).
Summary: Federal rules for the temporary assistance for needy families (TANF) cash assistance program requires that TANF benefits to fugitive felons and probation and parole violators be denied.
Reasons Supporting Proposal: To qualify for federal funding under the TANF program.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kevin Sullivan, Division of Income Assistance, (360) 413-3093.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is necessary because of federal law, Public Law 104-193, section 103 (a)(1).
Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-215-1550 Temporary assistance for needy families--Denial of assistance to fugitive felons and probation and parole violators, to comply with the federal requirement for the TANF program in order to qualify and maintain federal TANF funding.
Proposal Changes the Following Existing Rules: Denies assistance to individuals who are fugitive felons or probation or parole violators, which was not a factor of eligibility before this rule change.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change does not impact small businesses. It only affects applicants and recipients of temporary assistance for needy families.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Section 201 (RCW 34.05.328) does not apply to the Department of Social and Health Services.
Hearing Location: Lacey Government Center (behind Tokyo Bento restaurant), 1009 College Street S.E., Room 104-A, Lacey, WA 98503, on February 25, 1997, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Merry Kogut, Manager, by February 11, 1997, TTY (360) 902-8324, phone (360) 902-8317.
Submit Written Comments to and Identify WAC Numbers: Leslie Baldwin, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by February 25, 1997.
Date of Intended Adoption: No sooner than February 26, 1997.
January 10, 1997
Merry A. 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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