WSR 97-06-026
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Public Assistance)
[Filed February 25, 1997, 3:57 p.m.]
Date of Adoption: February 25, 1997.
Purpose: To comply with the federal requirement in Public Law 104-193 that temporary assistance for needy families (TANF) be denied to unmarried minor parents who are not living with an adult relative or in an appropriate adult-supervised setting as determined by the department.
Citation of Existing Rules Affected by this Order: Amending WAC 388-215-1660 Unmarried minor parents required to live with adult relative or legal guardian.
Statutory Authority for Adoption: RCW 74.04.050 and 74.04.055.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: A state-wide problem exists wherein juveniles are sexually exploited by adults in violation of child rape laws, particularly young girls by adult males which result in a large percentage of out-of-wedlock teenage pregnancies. The department recognizes this as a serious social problem and believes that current cash assistance rules, which allow minor parents to live with nonrelative adults, encourages the continued exploitation of underage girls by adult males.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 2, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Immediately.
February 25, 1997
Merry A. Kogut, Manager
Rules and Policies Assistance Unit
NEW SECTION
WAC 388-215-1660 Unmarried minor parents required to live with adult relative or legal guardian (1) The department shall deny assistance to an unmarried minor parent, by excluding the needs of that individual in determining the need and payment amount of the assistance unit, if that individual and that individual's child do not reside in one of the living situations described in subsection (2).
(2) An unmarried minor parent and the minor parent's child must live in either:
(a) The home of a parent, legal guardian, or other adult relative of the minor parent; or
(b) A facility or home licensed under RCW 74.15 that provides a supportive and supervised living arrangement requiring residents to learn parenting skills, a maternity home, other appropriate adult-supervised living arrangement, or the client's current or proposed living arrangement if the department determines it is appropriate, if:
(i) The minor parent has no living parent, legal guardian, or other adult relative that can be located, or if the parent, legal guardian, or other adult relative does not meet applicable state criteria to act as the individual's legal guardian or otherwise does not want the minor parent to reside with them; or
(ii) The minor parent or minor parent's child is being or has been subjected to serious physical, emotional or sexual harm, abuse or exploitation in the home of the parent, legal guardian, or other adult relative; or
(iii) Substantial evidence exists of an act or failure to act by the parent, legal guardian, or other adult relative that presents an imminent or serious harm to the minor parent or minor parent's child if they resided there; or
(iv) The department determines that it is in the best interest of the minor child to waive the requirement in subsection (2)(a).
(3) For the purposes of this section, an unmarried minor parents's living arrangement is not appropriate if, at the time of the minor parent's eligibility determination, the other natural parent of the minor parent's child:
(a) Resides in the home;
(b) Is at least eighteen years of age; and
(c) The minor parent and the adult parent meet the age criteria for the offenses of rape of a child in the first, second or third degree as set forth in RCW 9A.44.073, 9A.44.076 and 9A.44.079.
(4) The income of a minor parent who is denied benefits under this
section shall be allocated under WAC 388-218-1640 as if the minor parent
were ineligible due to sanction or noncooperation.
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.