WSR 97-16-055

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Public Assistance)

[Filed July 31, 1997, 4:51 p.m., effective August 1, 1997]

Date of Adoption: July 31, 1997.

Purpose: This is a new rule which applies to legal immigrants who enter the United States on or after August 22, 1997. It prohibits certain legal immigrant families from receiving assistance under the temporary assistance to needy families (TANF) program until an adult in the assistance unit has resided in Washington state for twelve consecutive months.

Statutory Authority for Adoption: RCW 74.04.050.

Other Authority: ESB 6098 (1997), chapter 57, Laws of 1997.

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: This rule is mandated by ESB 6098, which was signed into law by Governor Locke in April 1997. As a condition of eligibility for the TANF program, the department is required to impose a 12-month Washington state residency requirement on certain legal immigrants who enter the United States on or after August 22, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 1, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: August 1, 1997.

July 31, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

NEW SECTION

WAC 388-215-1210 Special residency requirement for aliens. (1) An alien who physically enters the United States after August 21, 1996, and is otherwise eligible, may receive TANF only after an adult caretaker relative or legal guardian in the assistance unit has resided in Washington state for twelve consecutive months. This twelve-month residency requirement does not apply to:

(a) A refugee who entered the United States under section 207 of the Immigration and Nationality Act;

(b) An alien granted asylum under section 208 of the Immigration and Nationality Act;

(c) An alien whose deportation is being withheld under section 243(h) of the Immigration and Nationality Act;

(d) An alien who is on active military duty in the Armed Forces of the United States, the alien's spouse or unmarried dependent children; and

(e) An alien who is an honorably discharged veteran of the Armed Forces of the United States, the alien's spouse or unmarried children.

(2) The twelve-month residency requirement specified in subsection (1) only applies to an alien once during his or her lifetime.