WSR 97-06-073
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Public Assistance)
[Filed February 28, 1997, 2:15 p.m.]
Supplemental Notice to WSR 97-05-072.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 388-215-1660 Unmarried minor parents required to live with adult relative or legal guardian.
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.
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 unmarried minor parents who are not living with an adult relative or in an appropriate adult-supervised setting as determined by the department.
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 388-215-1660 Unmarried minor parents required to live with adult relative or legal guardian, to comply with the federal requirement in Public Law 104-193 regarding denial of TANF to unmarried minor parents who are not living with an adult relative or in an appropriate adult-supervised setting as determined by the department, in order to qualify for federal TANF funding.
Proposal Changes the Following Existing Rules: Prior to this rule change, unmarried minor parents were not required to live in an adult-supervised setting as a factor of eligibility for assistance.
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 104-A, Lacey, WA 98503, on April 8, 1997, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Leslie Baldwin by March 25, 1997, (360) 902-7540, 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 April 8, 1997.
Date of Intended Adoption: No sooner than April 9, 1997.
February 28, 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) of this section.
(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) of this section.
(3) For the purposes of this section, an unmarried minor parent'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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