WSR 97-03-053
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Public Assistance)
[Filed January 10, 1997, 4:14 p.m.]
Original Notice.
Title of Rule: WAC 388-200-1400 Application of rules--Temporary assistance to needy families and 388-320-225 Qualification of nondisclosure.
Purpose: For compliance with the federal temporary assistance to needy families law to provide the address of a recipient to a law officer if the recipient is a fugitive felon or probation or parole violator or has information that is necessary for the officer to conduct the official duties of the officer.
Statutory Authority for Adoption: RCW 74.04.050 and 74.04.055.
Summary: The federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 created the temporary assistance to needy families (TANF) program to replace the aid to families with dependent children (AFDC) program and the WAC needs to indicate that unless excluded all references to AFDC apply to TANF.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Betty Brinkman, Division of Income Assistance, (360) 413-3091.
Name of Proponent: Department of Social and Health Services.
Rule is necessary because of federal law, Public Law 104-193, section 103 (a)(1).
Explanation of Rule, its Purpose, and Anticipated Effects: See Summary above.
Proposal Changes the Following Existing Rules: WAC 388-200-1400 and 388-220-225.
No small business economic impact statement has been prepared under chapter 19.85 RCW.
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, 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 45811, 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 Kogut, Manager
Rules and Policies Assistance Unit
NEW SECTION
WAC 388-200-1400 Application of rules--Temporary assistance to
needy families. Unless otherwise specified, references in Title 388 WAC
to the aid to families with dependent children (AFDC) program shall
include the temporary assistance to needy families (TANF) program.
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AMENDATORY SECTION (Amending Order 1609, filed 2/19/81)
WAC 388-320-225 Qualifications on nondisclosure. (1) To the extent that nondisclosable information can be deleted from the specific records sought, the remainder of the records shall be disclosable.
(2) No exemptions shall be construed to require nondisclosure of statistical information not descriptive of identifiable persons, as required by RCW 42.17.310(2).
(3) Inspection and copying of any specific records otherwise nondisclosable is permissible pursuant to an order of the superior court enforcing a subpoena in accordance with the provisions of RCW 42.17.310(3), or an order of the office of hearings enforcing a subpoena.
(4) Upon written request of a person who has been properly identified as an officer of the law with a felony arrest warrant or a properly identified United States immigration official with a warrant for an illegal alien the department shall disclose to such officer or official the current address and location of the person described in the warrant, as required by RCW 74.04.062.
(5) The department shall furnish a federal, state, or local law enforcement officer, upon the request of the officer, with the current address of any recipient of temporary assistance for needy families if the officer furnishes the agency with the name of the recipient and notifies the agency that:
(a) The recipient:
(i) Is a fugitive felon or probation or parole violator as described in WAC 388-215-1550; or
(ii) Has information that is necessary for the officer to conduct the official duties of the officer; and
(b) The location or apprehension of the recipient is within such official duties.
(6) Any person may inquire of the department whether a named individual is a recipient of welfare assistance in accordance with RCW 74.04.060.
(((6))) (7) Any records of the department may be made accessible for
research purposes provided that the research complies with the guidelines
published by the department in response to 45 C.F.R. 46 or other
applicable state and federal law.
[Statutory Authority: RCW 42.17.250 through 42.17.340. 81-06-001 (Order 1609), 388-320-225, filed 2/19/81.]