-
AH
WSR 97-03-055
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Public Assistance)
[Filed January 10, 1997, 4:17 p.m.]
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 388-215-1650 Assistance to a minor child.
Purpose: To comply with the federal requirement in Public Law 104-193 that temporary assistance to needy families (TANF) be denied to unmarried minor parents who have not completed a high school education and are not participating in activities leading to the attainment of a high school diploma or equivalent.
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 require that TANF benefits be denied to unmarried minor parents who have not completed a high school education and are not participating in activities leading to the attainment of a high school diploma or equivalent.
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 388-215-1650 Assistance to a minor child, to comply with the federal requirement in Public Law 104-193 regarding denial of TANF to unmarried minor parents who have not completed a high school education and are not participating in activities leading to the attainment of a high school diploma or equivalent, in order to qualify for federal TANF funding.
Proposal Changes the Following Existing Rules: Unmarried minor parents who have not completed a high school education and are not participating in activities leading to the attainment of a high school diploma will not be eligible for cash assistance under TANF as they were under the aid to families with dependent children program.
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) 902-9324, 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
AMENDATORY SECTION (Amending Order 3732, filed 5/3/94, effective 6/3/94)
WAC 388-215-1650 Assistance to a minor child. (1) A minor is a person seventeen years of age and younger.
(2) Under state law, (chapter 74.13 RCW, Child welfare services), the department shall protect and care for homeless, dependent, or neglected children or children in danger of becoming delinquent.
(3) If a minor applies for assistance for himself or herself, the department shall determine eligibility for AFDC as required under this chapter. If an unmarried pregnant minor is requesting an abortion, parental consent is not required. The decision to proceed with an abortion rests solely with the minor. Involvement and/or consultation with parents in reaching this decision should be a matter of individual case judgment.
(4) Prior to authorizing assistance for a minor, the department shall determine the parent's ability to financially support and willingness to contribute. See WAC 388-506-0610 (1) and (2) for responsibility for medical care. Parental contact is not required when the minor applicant:
(a) Is married;
(b) Is in the military service;
(c) Has been declared emancipated by a court of competent jurisdiction prior to the application for assistance; or
(d) Is applying for medical assistance related to pregnancy.
(5) The minor's emancipation status is not an eligibility factor. The identification of emancipation status is necessary to determine if there is parental responsibility for support.
(6) The department shall inform the minor applicant that there will be communication with the minor's parents during the eligibility determination process in order to determine the parents' willingness to contribute to the support of the minor.
(7) If a minor parent and his or her child live with such minor's parent or parents, the department shall establish the assistance unit of the minor according to WAC 388-215-1600 through 388-215-1610. If the minor parent's parent is not included in the assistance unit of the minor parent, the department shall consider the income of such parent available to meet the needs of the minor parent as specified under WAC 388-218-1660 and 388-218-1680.
(8) If a minor parent's legal guardian has a court-ordered responsibility for the support of such minor parent, the department shall treat such legal guardian's income, with respect to determining the availability of such income to meet the needs of the minor parent, the same as the income of a minor parent's parent as specified in subsection (7) of this section.
(9) The department shall require an unmarried minor parent who has not completed a high school education (or its equivalent), and whose youngest child is at least twelve weeks old, to participate in educational activities leading to the attainment of a high school diploma or its equivalent, or participate in an alternative educational or training program that has been approved by the department. The following conditions apply:
(a) "Participate" means maintaining satisfactory attendance as required by the school or program in which the minor parent is enrolled.
(b) No TANF benefits will be issued for a minor parent who is not participating as required above. The eligibility of the minor parent's child is not affected by this rule.
(c) The income of a minor parent who is disqualified under this
section shall be allocated under WAC 388-218-1640 as if the minor parent
were ineligible due to sanction or noncooperation.
[Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), 388-215-1650, filed 5/3/94, effective 6/3/94. Formerly WAC 388-24-550.]