WSR 97-17-097

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed August 20, 1997, 10:20 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-13-084.

Title of Rule: Payment of grants WAC 388-265-1010 Grant payment general provisions and 388-265-1275 Protective payment--AFDC or GA parenting or pregnant minor.

Purpose: Changes the provisions of protective payee services to comply with TANF and changes reference from AFDC to TANF.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.057.

Statute Being Implemented: RCW 74.04.0052.

Summary: This revision changes the reference throughout the payment of grants chapter to reflect the new program "temporary assistance to needy families." It also adopts the provisions of the new state law that all pregnant or parenting teens reside in an appropriate living situation and have protective payees.

Reasons Supporting Proposal: Legal requirement, new program requirements, and title.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kay Hanvey, DAP, Lacey Government Center, (360) 413-3100.

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

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This change will require that all pregnant or parenting teens reside in the most appropriate living situation and have a protective payee for their GA-S grants.

It is anticipated that these changes will result in fewer teens receiving assistance and for those who do, that their grant funds will be used for essential needs, as intended by the programs.

The other changes simply correct the program title references to the new program.

Proposal Changes the Following Existing Rules: WAC 388-265-1010, adds pregnant/parenting minor information and WAC 388-265-1275, changes the provisions of minor teen living arrangements as a criteria.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact business.

RCW 34.05.328 does not apply to this rule adoption. RCW exempts the Department of Social and Health Services rules relating to financial eligibility.

Hearing Location: Lacey Government Center (behind Tokyo O'Bento restaurant), 1009 College Street S.E., Room 102, 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) 902-7540, TTY (360) 902-8324, e-mail lbaldwin@dshs.wa.gov.

Submit Written Comments and Identify WAC Numbers: Leslie Baldwin, Rules Coordinator, Rules and Policies Assistance Unit, 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 20, 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.