WSR 97-17-087

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Public Assistance)

[Filed August 19, 1997, 3:20 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-12-080.

Title of Rule: WAC 388-215-0020, 388-215-1000 and 388-215-1200, new citizenship requirements for TANF.

Purpose: To implement the new citizenship criteria for the temporary assistance to needy families (TANF) program as required under federal welfare reform, Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. WAC 388-215-1000 is amended to add to the summary of eligibility conditions for TANF references to existing rules which address the ineligibility of persons who are fugitive felons, persons who have been convicted for drug related felonies, and persons who have been convicted of fraudulently receiving public assistance. It also incorporates references to existing WAC rules for unmarried pregnant or parenting teens with respect to school attendance requirements and department approved living arrangements.

Statutory Authority for Adoption: RCW 74.08.090.

Statute Being Implemented: Public Law 104-193, Sections 400, 401, and 403.

Summary: Federal welfare reform restricts the eligibility of legal immigrants for the TANF program. It does this by creating a category of "qualified aliens" and limiting their access to benefits. Legal immigrants whose immigration status does not meet the definition of a qualified alien, are not eligible for TANF. With certain exceptions for refugees, asylees and deportees, legal immigrants who meet the definition of a qualified alien and who enter the United States on or after August 22, 1996, are ineligible for TANF for a period of five years after their date of entry.

Reasons Supporting Proposal: The new citizenship criteria for TANF are required under federal welfare reform, Public Law 104-193.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Tom Medina, WorkFirst Division, Lacey, Washington, (360) 413-3103.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal law, Public Law 104-193, Sections 400, 401, and 403.

Explanation of Rule, its Purpose, and Anticipated Effects: Legal immigrants who do not meet the definition of a "qualified alien" under federal welfare reform are no longer eligible for TANF. Legal immigrants who meet the definition of a qualified alien, but who entered the United States on or after August 22, 1996, are ineligible for TANF for a period of five years after their date of entry. Federal law allows exemptions from this five-year prohibition for refugees, asylees, deportees and certain qualified aliens who are on active United States military duty, or who are honorably discharged United States veterans.

Proposal Changes the Following Existing Rules: Prior to passage of federal welfare reform, legal immigrants, including those who were permanently residing in the United States under color of law, could be considered for the TANF program. Upon passage of federal welfare reform, only certain categories of legal immigrants can now be considered for TANF.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not affect small businesses.

RCW 34.05.328 does not apply to this rule adoption. The rules adopt federal statutes in Public Law 104-193 without material change. RCW 34.05.328 exempts the Department of Social and Health Services rules that only apply to client medical or financial eligibility.

Hearing Location: Lacey Government Center (behind Tokyo O'Bento restaurant), 1009 College Street S.E., Room 104B, Lacey, WA 98503, on September 23, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Leslie Baldwin by September 15, 1997, phone (360) 902-0750, TTY (360) 902-8324, e-mail lbaldwin@dshs.wa.gov.

Submit Written Comments to and Identify WAC Numbers: Leslie Baldwin, Department of Social and Health Services, Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by September 23, 1997.

Date of Intended Adoption: No sooner than September 24, 1997.

August 18, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

NEW SECTION

WAC 388-215-0020 Definitions. "Alien" means any person who is not a citizen or a national of the United States.

"Qualified Alien" means an alien who is:

(1) Lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act; or

(2) Granted asylum under section 208 of the Immigration and Nationality Act; or

(3) A refugee admitted into the United States under section 207 of the Immigration and Nationality Act; or

(4) Paroled into the United States under section 212 (d)(5) of the Immigration and Nationality Act for a period of at least one year; or

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

(6) Granted conditional entry pursuant to section 203 (a)(7) of the Immigration and Nationality Act as in effect prior to April 1, 1980;

(7) An alien who is granted status as a Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980; or

(8) An alien who is a victim of domestic violence, or an alien whose child is a victim of domestic violence provided:

(a) The domestic violence has been committed by the alien's spouse or parent, or by a member of the spouse or parent's family residing in the same household of the alien; and

(b) The alien no longer resides with the person who committed the domestic violence; and

(c) The alien has a petition for adjustment of immigration status approved or pending with the Immigration and Naturalization Service; and

(d) The department determines that there is a substantial connection between the domestic violence and a need for public assistance benefits.

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AMENDATORY SECTION (Amending WSR 97-07-024, filed 3/12/97, effective 4/12/97)

WAC 388-215-1000 Summary of eligibility conditions. (1) The department shall grant ((AFDC)) TANF on behalf of a child who:

(a) Meets the age requirements under WAC 388-215-1025; and

(b) Is living in the home of a relative ((of specified degree including a parent or another relative)) as defined under WAC 388-215-1050 through 388-215-1080. For temporary absences, see WAC 388-215-1100 through ((388-215-1110)) 388-215-1115; and

(c) Is a citizen or an eligible alien ((lawfully admitted for permanent residence or otherwise permanently residing in the United States (see)) whose immigration status meets the criteria of a qualified alien as specified in WAC 388-215-1200(())); and

(d) Is a resident of the state of Washington, or resides with a parent or other relative who is a resident of the state of Washington (see WAC 388-215-1225); and

(e) Is in financial need (see chapters 388-216 through 388-219 WAC); and

(f) Is deprived of parental support or care because of the death (see WAC 388-215-1300), continued absence (see WAC 388-215-1320 through 388-215-1335), incapacity (see WAC 388-215-1340 through 388-215-1360), or unemployment (see WAC 388-215-1370 through 388-215-1385) of a parent. A parent is a person meeting the criteria in WAC 388-215-1060; and

(g) Lives with a parent who has not already received the maximum lifetime limit of sixty months of TANF (see WAC 388-215-1010).

(2) ((Each client of AFDC)) To be eligible, a TANF applicant or recipient shall:

(a) Assign to the division of child support any rights to support ((in his or her own behalf or in behalf of the other assistance unit members)) as required under WAC 388-215-1400; ((and))

(b) Cooperate with the division of child support as required under WAC 388-215-1400 through 388-215-1490((.

(3) The department shall require each applicant for, or recipient of assistance to));

(c) Furnish a Social Security number as specified in WAC 388-215-1500((.

(4) The department shall require adult AFDC recipients or payees to));

(d) Cooperate in a review of eligibility ((as part of a quality control review)) as specified in WAC 388-215-1510((.

(5) All AFDC applicants and recipients shall be subject to job opportunities and basic skills program (jobs) participation requirements as specified under WAC 388-215-1520.

(6) All AFDC clients are subject to the rules regarding participation in strikes as specified under WAC 388-215-1540.

(7) Certain AFDC recipients shall return a completed monthly report to the department as required under WAC 388-215-1560.

(8) The department shall establish assistance units of children and caretaker relatives eligible for AFDC as specified under WAC 388-215-1600 through 388-215-1620.

(9) The department shall determine eligibility for a minor child applying for oneself as required under WAC 388-215-1650.

(10) The department shall deny temporary assistance to needy families (TANF) to fugitive felons and probation and parole violators as specified under WAC 388-215-1550.

(11) Under TANF, the department shall require unmarried minor parents who have not completed a high school education to participate in educational activities leading to the attainment of a high school diploma or equivalent as specified in WAC 388-215-1650));

(e) Participate in the WorkFirst program as specified in chapter 388-310 WAC;

(f) Abide by the rules regarding participation in strikes as specified under WAC 388-215-1540; and

(g) Return a completed monthly report to the department when required under WAC 388-215-1560.

(3) The department shall establish assistance units of children and caretaker relatives eligible for TANF under WAC 388-215-1600 through 388-215-1630.

(4) The department shall determine eligibility for a minor child applying for oneself as required under WAC 388-215-1650.

(5) The department shall deny TANF to the following individuals:

(a) Fugitive felons and probation and parole violators as specified under WAC 388-215-1550;

(b) Persons convicted of unlawful practices in obtaining TANF as specified under 388-46-110;

(c) Persons convicted of making fraudulent statements or representation of their place of residence in order to receive federally-funded public assistance as specified under WAC 388-46-120; and

(d) Persons convicted of drug-related felonies as specified under WAC 388-215-1570.

(6) Unmarried pregnant or parenting teens under age eighteen must:

(a) Meet the school attendance requirement under WAC 388-215-1670; and

(b) Live with an adult relative, legal guardian, or in a department-approved living arrangement as specified under WAC 388-215-1660.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.08.090 and Public Law 104-193, 103 (a)(1) (1996). 97-07-024, 388-215-1000, filed 3/12/97, effective 4/12/97. Statutory Authority: RCW 74.04.015, 74.04.055, 74.04.057 and 45 CFR 233.10 (a)(1)(ii)(B). 95-14-048 (Order 3860), 388-215-1000, filed 6/28/95, effective 7/29/95. Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), 388-215-1000, filed 5/3/94, effective 6/3/94. Formerly parts of WAC 388-24-055, 388-24-125 and 388-26-050.]

AMENDATORY SECTION (Amending Order 3732, filed 5/3/94, effective 6/3/94)

WAC 388-215-1200 Citizenship and alienage. (1) The department ((shall grant AFDC)) may provide TANF to an eligible person ((otherwise eligible under this chapter)) who is:

(((1))) (a) A United States citizen or national; or

(((2) A Canadian Indian (a North American Indian born in Canada) considered the same as a United States citizen because he or she:

(a) Has at least fifty percent Indian blood; or

(b) Has less than fifty percent Indian blood and entered the United States prior to December 24, 1952; and

(c) Has maintained residence since entry; or

(3) An alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law, including any alien who is lawfully present in the United States as a result of the application of the provisions of Section 203 (a)(7), Section 207(c), Section 208, or Section 212 (d)(5) of the Immigration and Nationality Act; or

(4) An alien attaining temporary resident status (TRS) or permanent resident status (PRS) under the Immigration Reform and Control Act of 1986 (IRCA); and

(a) A Cuban or Haitian entrant as defined in paragraph (1) or (2)(a) of Section 501(e) of Public Law 96-422; or

(b) Not a Cuban or Haitian entrant as defined under this section and adjusted to lawful temporary status more than five years prior to the application for AFDC)) (b) An alien admitted to the United States as an Amerasian immigrant as specified in section 5306 of H.R. 2015, the Balanced Budget Act of 1997; or

(c) An alien whose immigration status meets the definition of a qualified alien as specified in WAC 388-215-0020.

(2) Except as specified in subsection (3) of this section, an alien whose immigration status is adjusted to a category that meets the definition of a qualified alien on or after August 22, 1996 is ineligible for TANF for five years from the date of adjustment.

(3) The following aliens are exempt from the five-year period of ineligibility specified in subsection (2) of this section:

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

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

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

(d) A qualified alien who is on active U.S. military duty, the alien's spouse or unmarried dependent children;

(e) A qualified alien who is an honorably discharged U.S. veteran, the alien's spouse or unmarried dependent children;

(f) An alien who is granted status as a Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980; and

(g) An alien admitted to the United States as an Amerasian immigrant as specified in section 5306 of H.R. 2015, the Balanced Budget Act of 1997.

[Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), 388-215-1200, filed 5/3/94, effective 6/3/94. Formerly WAC 388-26-120 (part).]

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