WSR 97-15-031

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed July 9, 1997, 4:35 p.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-215-1010 Five year lifetime time limit and repealing chapter 388-201 WAC, Success through employment program (STEP).

Purpose: To comply with the federal requirement in Public Law 104-193 and state legislation, EHB 3901 (signed into law April 17, 1997), which (1) denies temporary assistance for needy families (TANF) benefits to families that include an adult who has received TANF for sixty months beginning August 1, 1997, and (2) repeals Washington state's success through employment program (STEP) waiver.

Statutory Authority for Adoption: RCW 74.04.050 and 74.04.055.

Statute Being Implemented: Public Law 104-193, Section 103 (a)(1); EHB 3901, sections 103 and 105 (1997).

Summary: Federal and state rules require that TANF benefits be denied to families that include an adult who has received TANF for sixty months beginning August 1, 1997.

Reasons Supporting Proposal: To qualify for federal funding under the TANF program and meet the requirements of recently enacted state law.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kevin Sullivan, WorkFirst Division, (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); EHB 3901, sections 103 and 105 (1997).

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-215-1010 Five year lifetime time limits, to comply with federal and state requirements that TANF be denied to families that include an adult who has received TANF for sixty months beginning August 1, 1997.

Proposal Changes the Following Existing Rules: Under the previous program, aid to families with dependent children (AFDC), there were no time limits on how long a person could receive cash 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 104A, Lacey, WA 98503, on August 26, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Leslie Baldwin, Rules Coordinator, by August 19, 1997, (360) 902-7540, or 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, e-mail lbaldwin@dshs.wa.gov, FAX (360) 902-8292, by August 26, 1997.

Date of Intended Adoption: No sooner than August 27, 1997.

July 9, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

NEW SECTION

WAC 388-215-1010 Five year lifetime time limits. (1) The department shall deny TANF to any family that includes an adult who has received TANF for sixty months after August 1, 1997.

(2) In calculating the number of months an adult family member has received TANF for the purposes of subsection (1) of this section, the department shall disregard any month in which the individual received TANF and the individual was:

(a) A minor child who was not the head of a household or married to the head of a household; or

(b) Living on an Indian reservation or in an Alaskan Native village, if during the month the individual received TANF, at least:

(i) One thousand people were living on the reservation or in the village; and

(ii) Fifty percent of the adults living on the reservation or in the village were unemployed.

(3) After an individual has received fifty-two months of TANF, the department may exempt that person from the requirements of subsection (1) of this section for reasons of hardship or family violence, provided the total number of exempted TANF cases does not exceed twenty percent of the average monthly number of cases statewide during a fiscal year.

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REPEALER

The following chapter of the Washington Administrative Code is repealed: