WSR 97-05-068
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services)
(Public Assistance)
[Filed February 19, 1997, 11:01 a.m.]
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 388-215-1115 Living in the home of a relative of specified degree--Temporary absence--Denial of assistance to a caretaker relative who fails to report a child's absence.
Purpose: To comply with the federal requirement in Public Law 104-193 that temporary assistance for needy families (TANF) be denied to a parent or other caretaker relative who fails to notify the Department of Social and Health Services within five days of the date it becomes clear that the child will be absent for more than ninety days.
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 a parent or other caretaker relative who fails to notify the Department of Social and Health Services within five days of the date it becomes clear that the child will be absent from the home for more than ninety days.
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 388-215-1115 Living in the home of a relative of specified degree--Temporary absence--Denial of assistance to a caretaker relative who fails to report a child's absence, to comply with the federal requirement in Public Law 104-193 regarding denial of TANF to a parent or other caretaker relative who fails to notify the department within five days of the date it becomes clear that the child's absence from the home will exceed ninety days, in order to qualify for federal TANF funding.
Proposal Changes the Following Existing Rules: Prior to this rule change, there was no penalty for a parent or other caretaker relative's failure to report a child's absence timely.
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 104A, Lacey, WA 98503, on March 25, 1997, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Merry A. Kogut, Manager, by March 11, 1997, (360) 902-8317, or TTY (360) 902-8324.
Submit Written Comments to: Leslie Baldwin, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by March 25, 1997.
Date of Intended Adoption: No sooner than March 26, 1997.
February 19, 1997
Merry A. Kogut, Manager
Rules and Policies Assistance Unit
NEW SECTION
WAC 388-215-1115 Living in the home of a relative of specified degree--Temporary absence--Denial of assistance to a caretaker relative who fails to report a child's absence. (1) When a minor child is temporarily absent from the home, the department shall deny assistance for one month to a parent or other caretaker relative who fails to notify the department within five days of the date it becomes reasonably clear to the parent or other caretaker relative that the absence of the child will exceed ninety days.
(2) In denying assistance to a parent or other caretaker relative for the reason described in subsection (1) of this section, the needs of that individual shall be excluded in determining the need and payment amount of the assistance unit.
(3) The income of a parent or other caretaker relative who is
disqualified under this section shall be allocated under WAC 388-218-1640
as if the individual were ineligible due to sanction or noncooperation.
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