WSR 97-17-100
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Public Assistance)
[Filed August 20, 1997, 10:27 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 97-12-080.
Title of Rule: WAC 388-215-1210 Special residency requirement for aliens.
Purpose: This rule imposes a twelve-month Washington state residency requirement on certain legal immigrants who enter the United States on or after August 22, 1996, and apply for benefits under the state family assistance (SFA) program.
Statutory Authority for Adoption: RCW 74.08.090 and chapter 57, Laws of 1997.
Statute Being Implemented: Chapter 57, Laws of 1997.
Summary: SFA is the state-funded temporary assistance to needy families (TANF) program created under ESB 6098 (1997) to provide aid to legal immigrant families who are no longer eligible for the federally-funded TANF program due solely to their immigration status. The legislation requires the department to limit access to benefits under SFA to those legal immigrant families in which an adult caretaker relative in the assistance unit has resided in Washington state for twelve consecutive months prior to applying for benefits.
Reasons Supporting Proposal: State legislation ESB 6098.
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 not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The rule affects legal immigrants who enter the United States on or after August 22, 1996, and who apply for benefits under the state family assistance (SFA) program. SFA is the state-funded TANF program created under ESB 6098 (1997) to provide assistance to legal immigrants who are no longer eligible for federally-funded TANF because of their immigration status. The purpose of this rule is to limit access to SFA benefits to those legal immigrant families in which an adult caretaker relative in the assistance unit has resided in Washington state for twelve consecutive months prior to applying for benefits.
Proposal Changes the Following Existing Rules: Under existing rules, legal immigrants could access benefits under the TANF program regardless of their date of entry into the United States, or the length of time they resided in Washington state. This rule changes existing rules by requiring certain legal immigrant families to reside in Washington state for twelve consecutive months before they can be considered for TANF.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule affects certain immigrants who apply for public assistance and does not impact small business.
RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 exempts the Department of Social and Health Services rules that relate to financial or medical 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) 902-7540, 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 388-215-1210 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.
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