WSR 97-14-107

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed July 2, 1997, 11:25 a.m., effective August 1, 1997]

Date of Adoption: June 30, 1997.

Purpose: This change updates the rules for the general assistance for pregnant women (GA-S) program to include the correct references to the temporary assistance for needy families (TANF) and to include the TANF teen parent residence requirements.

Citation of Existing Rules Affected by this Order: Amending WAC 388-230-0010, 388-230-0040, 388-230-0060, 388-230-0090, 388-230-0110, 388-230-0120, and 388-230-0140.

Statutory Authority for Adoption: RCW 74.08.090.

Other Authority: RCW 74.08.280.

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; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The TANF program officially replaces AFDC on August 1, 1997, for most of its program rules. The state legislature also specified in legislation that GA-S would not be provided to pregnant/parenting teens unless they met the same provisions as those required by TANF.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 2, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 2, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 7, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 7, repealed 0.

Effective Date of Rule: August 1, 1997.

June 30, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending Order 3556, filed 7/29/93, effective 8/29/93 WAC 388-230-0010 Purpose of program. (1) General assistance for pregnant women (GA-S) is a state-funded grant assistance program providing for the needs of:

(a) A pregnant woman; or

(b) A woman who has relinquished her newborn for adoption.

(2) GA-S is used only when federally-funded or block grant assistance programs are not available to the state to use for needy people.

[Statutory Authority: RCW 74.08.090. 93-16-059 (Order 3556), 388-230-0010, filed 7/29/93, effective 8/29/93.]

AMENDATORY SECTION (Amending Order 3556, filed 7/29/93, effective 8/29/93 WAC 388-230-0040 Summary of eligibility conditions. (1) The department shall grant GA-S to a person who meets the eligibility conditions stated in this chapter and is:

(a) A pregnant woman not eligible for ((AFDC)) temporary assistance to needy families (TANF) or CEAP for reasons other than refusal or failure to cooperate without good cause in obtaining such assistance; or

(b) A woman who relinquished a newborn for adoption if the woman was receiving:

(i) GA-S at the time of the birth of the child; or

(ii) ((AFDC)) TANF at the time of the birth of the child and subsequently loses ((AFDC)) TANF eligibility because an eligible child does not reside in the household.

(2) Assistance granted under subsection (1)(b) of this section shall be limited to the end of the month containing the last day of the six week period following the day the child is born.

[Statutory Authority: RCW 74.08.090. 93-16-059 (Order 3556), 388-230-0040, filed 7/29/93, effective 8/29/93.]

AMENDATORY SECTION (Amending Order 3556, filed 7/29/93, effective 8/29/93 WAC 388-230-0060 Eligibility conditions--Program criteria. For GA-S, the department shall apply the ((general assistance uloyable (GAU))) temporary assistance to needy families (TANF) program criteria applicable to:

(1) Citizenship or alien status;

(2) Social Security number; ((and))

(3) Residency; and

(4) Minor teen living arrangements, as defined by the TANF program.

[Statutory Authority: RCW 74.08.090. 93-16-059 (Order 3556), 388-230-0060, filed 7/29/93, effective 8/29/93.]

AMENDATORY SECTION (Amending Order 3759, filed 7/27/94, effective 9/1/94)

WAC 388-230-0090 Eligibility conditions--Financial criteria. In determining financial eligibility and grant amounts, the department shall follow ((aid to families with dependent children)) temporary assistance to needy families (TANF) program income, resource, transfer of property, and payment rules.

[Statutory Authority: RCW 74.08.090. 94-16-044 (Order 3759), 388-230-0090, filed 7/27/94, effective 9/1/94; 93-16-059 (Order 3556), 388-230-0090, filed 7/29/93, effective 8/29/93.]

AMENDATORY SECTION (Amending Order 3556, filed 7/29/93, effective 8/29/93 WAC 388-230-0110 Need and payment standards. (1) In determining a persons's need and payment amounts, the department shall use the need and grant payment standards applicable to the ((aid to families with dependent children)) temporary assistance to needy families (TANF) program.

(2) In the case of a married couple when the husband is eligible for general assistance unemployable and the wife is eligible for general assistance for pregnant women:

(a) Eligibility and payment will be based on the two-person need and payment standard; and

(b) ((The wife is the only person who can receive)) Grant assistance under the GA-S program will only be paid for the woman. The husband and the unborn or adopted out child are not included in the GA-S grant.

[Statutory Authority: RCW 74.08.090. 93-16-059 (Order 3556), 388-230-0110, filed 7/29/93, effective 8/29/93.]

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.

AMENDATORY SECTION (Amending Order 3556, filed 7/29/93, effective 8/29/93 WAC 388-230-0120 Protective payees. For a recipient of general assistance for pregnant women (GA-S) determined to be unable to manage assistance funds by an evaluation conducted by department staff, the department shall follow ((aid to families with dependent children)) temporary assistance to needy families (TANF) program protective payee rules.

[Statutory Authority: RCW 74.08.090. 93-16-059 (Order 3556), 388-230-0120, filed 7/29/93, effective 8/29/93.]

AMENDATORY SECTION (Amending Order 3556, filed 7/29/93, effective 8/29/93 WAC 388-230-0140 Ineligibility based on benefits from other programs. The department shall deny requests for or terminate GA-S to a person:

(1) Eligible for or receiving CEAP or ((AFDC)) temporary assistance to needy families (TANF);

(2) Eligible for or whose needs are being met by supplemental security income (SSI);

(3) Currently under sanction for failure to comply with ((AFDC)) TANF or SSI requirements; or

(4) Who fails or refuses to cooperate without good cause in obtaining ((AFDC)) TANF, CEAP, or SSI.