WSR 97-14-108

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed July 2, 1997, 11:28 a.m., effective August 1, 1997]

Date of Adoption: June 30, 1997.

Purpose: This changes the provision of protective payee services to comply with temporary assistance to needy families (TANF) teen parent provisions as included in ESB 3901, section 502 (1997) and changes references from AFDC to TANF.

Citation of Existing Rules Affected by this Order: Amending WAC 388-265-1010 and 388-265-1275.

Statutory Authority for Adoption: RCW 74.08.090.

Other Authority: RCW 74.04.0052.

Under RCW 34.05.350 the agency for good cause finds 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: Block grant funding is based on adoption of rules for temporary assistance to needy families (TANF).

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 1, repealed 0; Federal Rules or Standards: New 0, amended 1, repealed 0; or Recently Enacted State Statutes: New 0, amended 1, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 6, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 7, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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 3732, filed 5/3/94, effective 6/3/94)

WAC 388-265-1010 Grant payment--General provisions. (1) The department shall require that:

(a) Each grant shall encompass only one assistance unit, even though there may be two or more assistance units in the same family group or household; and

(b) When members of a group or household are eligible for any combination of state-funded grant assistance programs ((which include)) they shall encompass one assistance unit. State-funded grant assistance programs are general assistance - unemployable (GA-U), general assistance for pregnant women (GA-((X))S), and Alcoholism and Drug Addiction Treatment and Support Act (ADATSA) (GA-W) ((or any combination thereof, shall encompass one assistance unit, but)). The grant may be paid in separate, prorated amounts to each person in the assistance unit.

(2) The department shall:

(a) Determine the payment amount of continuing grants using the monthly standards of assistance; and

(b) Make continuing grant payments in compliance with advance notification requirements, except as provided under WAC 388-245-1710.

(3) A client may request payment of less than the amount for which the client qualifies. The department shall limit the grant to the amount of the client's written stipulation.

(4) The department shall round down a grant to the next whole dollar amount except for a client:

(a) Receiving a clothing and personal incidental allowance; or

(b) Subject to a mandatory deduction for recoupment of an overpayment.

(5) The department shall not pay a grant of less than ten dollars, except for a:

(a) Grant which is subject to a mandatory deduction for recoupment of an overpayment;

(b) Clothing and personal incidental allowance with budgeted income; or

(c) Reimbursement grant authorized under a supplemental Social Security interim assistance agreement.

[Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), 388-265-1010, filed 5/3/94, effective 6/3/94. Formerly parts of WAC 388-33-015, 388-33-020, 388-33-025, 388-33-050, 388-33-051 and 388-33-055.]

AMENDATORY SECTION (Amending Order 3785, filed 9/28/94, effective 10/29/94)

WAC 388-265-1275 Protective payment--((AFDC)) TANF or GA parenting or pregnant minor. (1) The department ((may)) shall use protective payment for cases in which the client is:

(a) Seventeen years of age or younger; and

(b) Unmarried; and

(c) Either pregnant or has a dependent child.

(2) The department shall establish a protective ((payment)) payee plan based on a determination ((made by the department that the client is not living in an)) that a pregnant or parenting teen is residing in the most appropriate living situation((. Appropriate living situations include:)) as defined by TANF, before benefits can be issued.

(a) ((Place of residence maintained by the client's parent, legal guardian, or other adult relative as their own home; or)) The protective payee plan will be developed based on the TANF teen living assessment.

(b) ((As)) If it is determined ((by the department, other)) that a parenting teen is not living in the most appropriate ((supportive)) living ((arrangement supervised by an adult which is maintained as a family setting)) situation, benefits will be issued for the child only.

(3) ((Notwithstanding subsection (2) of this section, if the client is not living in an appropriate living situation, as determined by the department,)) The department may waive the establishment of a protective ((payment)) payee plan if the ((client)) teen adequately demonstrates the ability to manage funds ((adequately)) to the social worker conducting the teen living assessment. Protective payment will not be waived for teens not living in the most appropriate living situation.

(4) The department shall select a protective payee following the criteria under WAC 388-265-1150.

(5) The department shall provide the client with written notice of protective payment as described under WAC 388-265-1550.