WSR 97-05-069
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services)
(Public Assistance)
[Filed February 19, 1997, 11:03 a.m.]
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 388-215-1570 Denial of assistance to persons convicted of drug-related felonies.
Purpose: To comply with the federal requirement in Public Law 104-193 that temporary assistance to needy families (TANF) be denied to persons convicted of drug-related felonies.
Statutory Authority for Adoption: RCW 74.04.050 and 74.04.055.
Statute Being Implemented: Public Law 104-193, Section 115 (1996).
Summary: Federal rules for the temporary assistance for needy families (TANF) cash assistance program require that TANF benefits be denied to individuals convicted of drug-related felonies.
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 115.
Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-215-1570 Denial of assistance to persons convicted of drug-related felonies, to comply with the federal requirement in Public Law 104-193 regarding denial of TANF benefits to persons convicted of drug-related felonies, in order to qualify for federal TANF funding.
Proposal Changes the Following Existing Rules: Denies TANF assistance to individuals who have been convicted of certain drug-related felonies, which was not a factor of eligibility under the former 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 business.
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 Kogut, Manager, by March 11, 1997, 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 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 388-215-1570 Denial of assistance to persons convicted of drug-related felonies. (1) The department shall deny TANF benefits to an individual convicted after August 22, 1996, under federal or state law, of any felony involving the possession, use or distribution of a controlled substance as defined in section 102(6) of the Controlled Substances Act by excluding the needs of that individual in determining the need and payment amount of the assistance unit.
(2) Each applicant shall attest in writing whether the applicant or
a person for whom the applicant is applying has been convicted of a
felony as described in subsection (1) of this section.
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