WSR 97-04-051
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services)
(Public Assistance)
[Filed January 31, 1997, 4:52 p.m.]
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 388-215-1000 Summary of eligibility conditions.
Purpose: To comply with federal requirements that TANF benefits be denied to (1) fugitive felons and violators of probation and parole, and (2) unmarried minor parents who have not completed a high school education and are not participating in educational 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 to needy families (TANF) cash assistance program require that TANF benefits be denied to (1) fugitive felons and violators of probation and parole, and (2) 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) (1996).
Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-215-1000 Summary of eligibility conditions, to comply with the federal requirements in Public Law 104-193 regarding denial of TANF benefits to (1) fugitive felons and violators of probation and parole, and (2) 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.
Proposal Changes the Following Existing Rules: These were not conditions of eligibility under the aid to families with dependent children (AFDC) program.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change does not impact small businesses.
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 March 11, 1997, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Leslie Baldwin, Rules Coordinator, by February 25, 1997, (360) 902-7540, TTY (360) 902-8324.
Submit Written Comments and Identify WAC Numbers to: Leslie Baldwin, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by March 11, 1997.
Date of Intended Adoption: No sooner than March 12, 1997.
January 31, 1997
Merry A. Kogut, Manager
Rules and Policies Assistance Unit
AMENDATORY SECTION (Amending Order 3860, filed 6/28/95, effective 7/29/95 WAC 388-215-1000 Summary of eligibility conditions. (1) The department shall grant AFDC on behalf of a child who:
(a) Meets the age requirements under WAC 388-215-1025; and
(b) Is living in the home of a relative of specified degree including a parent or another relative as defined under WAC 388-215-1050 through 388-215-1080. For temporary absences, see WAC 388-215-1100 through 388-215-1110; and
(c) Is a citizen or an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States (see WAC 388-215-1200); and
(d) Is a resident of the state of Washington, or resides with a parent or other relative who is a resident of the state of Washington (see WAC 388-215-1225); and
(e) Is in financial need (see chapters 388-216 through 388-219 WAC); and
(f) Is deprived of parental support or care because of the death (see WAC 388-215-1300), continued absence (see WAC 388-215-1320 through 388-215-1335), incapacity (see WAC 388-215-1340 through 388-215-1360), or unemployment (see WAC 388-215-1370 through 388-215-1385) of a parent. A parent is a person meeting the criteria in WAC 388-215-1060.
(2) Each client of AFDC shall:
(a) Assign to the division of child support any rights to support in his or her own behalf or in behalf of the other assistance unit members as required under WAC 388-215-1400; and
(b) Cooperate with the division of child support as required under WAC 388-215-1400 through 388-215-1490.
(3) The department shall require each applicant for, or recipient of assistance to furnish a Social Security number as specified in WAC 388-215-1500.
(4) The department shall require adult AFDC recipients or payees to cooperate in a review of eligibility as part of a quality control review as specified in WAC 388-215-1510.
(5) All AFDC applicants and recipients shall be subject to job opportunities and basic skills program (jobs) participation requirements as specified under WAC 388-215-1520.
(6) All AFDC clients are subject to the rules regarding participation in strikes as specified under WAC 388-215-1540.
(7) Certain AFDC recipients shall return a completed monthly report to the department as required under WAC 388-215-1560.
(8) The department shall establish assistance units of children and caretaker relatives eligible for AFDC as specified under WAC 388-215-1600 through 388-215-1620.
(9) The department shall determine eligibility for a minor child applying for oneself as required under WAC 388-215-1650.
(10) The department shall deny temporary assistance to needy families (TANF) to fugitive felons and probation and parole violators as specified under WAC 388-215-1550.
(11) Under TANF, the department shall require unmarried minor
parents who have not completed a high school education to participate in
educational activities leading to the attainment of a high school diploma
or equivalent as specified in WAC 388-215-1650.
[Statutory Authority: RCW 74.04.015, 74.04.055, 74.04.057 and 45 CFR 233.10 (a)(1)(ii)(B). 95-14-048 (Order 3860), 388-215-1000, filed 6/28/95, effective 7/29/95. Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), 388-215-1000, filed 5/3/94, effective 6/3/94. Formerly parts of WAC 388-24-055, 388-24-125 and 388-26-050.]