WSR 97-05-071
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services)
(Public Assistance)
[Filed February 19, 1997, 11:05 a.m.]
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 388-215-1400 Support enforcement--Assignment of support rights--Cooperation with division of child support; and repealing WAC 388-265-1350 Protective payment--AFDC clients sanctioned for failure or refusal to cooperate with the office of support enforcement.
Purpose: To comply with the federal requirements in Public Law 104-193 that for the purposes of the temporary assistance for needy families program the IV-D agency (Division of Child Support) is responsible for determining if TANF clients are cooperating in paternity establishment and child support collection; a family's grant is to be reduced by 25% if the caretaker relative fails to cooperate with the IV-D agency; and a family shall be denied TANF assistance if a family member fails to assign certain support rights to the state.
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: Under TANF: (1) The IV-D agency (Division of Child Support) is responsible for determining if TANF clients are cooperating in paternity establishment and child support collection; (2) a family's grant is to be reduced by 25% if the caretaker relative fails to cooperate with the IV-D agency; and (3) a family shall be denied TANF if a family member fails to assign certain support rights to the state.
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 388-215-1400 Support enforcement--Assignment of support rights--Cooperation with Division of Child Support, under TANF, the IV-D agency (Division of Child Support) is responsible for determining if TANF clients are cooperating in paternity establishment and child support collection; a family's grant will be reduced by 25% if the caretaker relative fails to cooperate with the IV-D agency; and a family shall be denied TANF if a family member fails to assign certain support rights to the state.
WAC 388-265-1350 Protective payment--AFDC clients sanctioned for failure or refusal to cooperate with the office of support enforcement, this rule is being repealed because under the new TANF rules caretaker relatives will no longer be sanctioned by excluding them from the assistance unit. Because of that, it is no longer necessary to establish a protective payee.
Proposal Changes the Following Existing Rules: Prior to this rule change, the IV-A agency determined if a client was cooperating with the child support agency; the caretaker relative was sanctioned for failure to cooperate with the child support agency by excluding their needs from the grant payment; and failure to assign support rights resulted in the caretaker relative being sanctioned by excluding their needs from the grant payment.
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.
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
AMENDATORY SECTION (Amending Order 3732, filed 5/3/94, effective 6/3/94)
WAC 388-215-1400 Support enforcement--Assignment of support
rights--Cooperation with ((office)) division of child support
((enforcement)). (1) As a condition of eligibility, each client of
((AFDC)) TANF shall assign to the ((office)) division of child support
((enforcement)) any rights to support in his or her own behalf or in
behalf of the other assistance unit members, and any rights to support
which has accrued prior to the time assignment is made.
(a) The department shall require the client to promptly remit to the
((office)) division of child support ((enforcement)) any support received
directly after assignment is made.
(b) The department shall consider the client's signed application
as an assignment of support rights. The client's acceptance of ((an
AFDC)) a TANF payment shall constitute an agreement to the assignment of
support rights.
(c) If a family member with whom the child lives fails to assign support rights as required in this section, the department shall deny assistance to the entire assistance unit.
(2) As a condition of eligibility, the department shall require each
((AFDC)) (TANF) client to cooperate with the ((office)) division of child
support ((enforcement)) as specified under WAC 388-14-200 unless the
department has established good cause as specified under WAC ((388-215-1440. Department IV-A staff shall base the determination of client
cooperation on all evidence in its possession)) 388-215-1400 through 388-215-1490. The IV-D agency, division of child support, shall determine
client cooperation.
(3) If the caretaker relative with whom the child lives fails to
((comply)) cooperate with the ((requirements in this section)) division
of child support, the department shall ((deny eligibility to that
relative and provide any)) reduce the assistance ((payment)) paid to the
((child is eligible for by protective payment as described under WAC 388-265-1350)) child's assistance unit by twenty-five percent of what the
assistance unit would otherwise be eligible to receive.
[Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), 388-215-1400, filed 5/3/94, effective 6/3/94. Formerly parts of WAC 388-24-108
and 388-24-109.]
REPEALER
The following section of the Washington Administrative Code is
repealed:
WAC 388-265-1350 Protective payment--AFDC clients sanctioned for failure or refusal to cooperate with the office of support enforcement.