WSR 97-17-102

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed August 20, 1997, 10:32 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-13-085.

Title of Rule: Chapter 388-230 WAC, General assistance for pregnant women.

Purpose: Changes the provision for basic eligibility to include requirement for pregnant/parenting teens under age eighteen to reside in appropriate living situations and changes references from AFDC to the new program temporary assistance for needy families (TANF).

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.0052.

Statute Being Implemented: RCW 74.04.0052 and 74.12.255.

Summary: This revision adds the requirement that an applicant for GA-S who is a teen under age eighteen must reside in the most appropriate living arrangement in order to receive benefits.

Reasons Supporting Proposal: State legislation.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kay Hanvey, P.O. Box 45470, Olympia, WA 98504, (360) 413-3100.

Name of Proponent: Department of Social and Health Services.

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

Explanation of Rule, its Purpose, and Anticipated Effects: RCW 74.04.0052 has been changed to include the requirement that any minor under the age of eighteen years which is otherwise eligible to receive general assistance for pregnant women must also reside in an appropriate living situation. This revision incorporates that change, as well as updates the references to the new program, temporary assistance for needy families.

Proposal Changes the Following Existing Rules: The current rule does not have a residence requirement for teen applicants.

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 34.05.328 (5)(b)(vii) exempts "rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."

Hearing Location: Lacey Government Center (behind Tokyo 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 to 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 19, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending Order 3556, filed 7/29/93, effective 8/29/93 WAC 388-230-0010 Purpose of program. (1) General assistance for pregnant women (GA-S) is a state-funded grant assistance program providing for the needs of:

(a) A pregnant woman; or

(b) A woman who has relinquished her newborn for adoption.

(2) GA-S is used only when federally-funded or block grant assistance programs are not available to the state to use for needy people.

[Statutory Authority: RCW 74.08.090. 93-16-059 (Order 3556), 388-230-0010, filed 7/29/93, effective 8/29/93.]

AMENDATORY SECTION (Amending Order 3556, filed 7/29/93, effective 8/29/93 WAC 388-230-0040 Summary of eligibility conditions. (1) The department shall grant GA-S to a person who meets the eligibility conditions stated in this chapter and is:

(a) A pregnant woman not eligible for ((AFDC)) temporary assistance for needy families (TANF) or CEAP for reasons other than refusal or failure to cooperate without good cause in obtaining such assistance; or

(b) A woman who relinquished a newborn for adoption if the woman was receiving:

(i) GA-S at the time of the birth of the child; or

(ii) ((AFDC)) TANF at the time of the birth of the child and subsequently loses ((AFDC)) TANF eligibility because an eligible child does not reside in the household.

(2) Assistance granted under subsection (1)(b) of this section shall be limited to the end of the month containing the last day of the six week period following the day the child is born.

[Statutory Authority: RCW 74.08.090. 93-16-059 (Order 3556), 388-230-0040, filed 7/29/93, effective 8/29/93.]

AMENDATORY SECTION (Amending Order 3556, filed 7/29/93, effective 8/29/93 WAC 388-230-0060 Eligibility conditions--Program criteria. For GA-S, the department shall apply the ((general assistance uloyable (GAU))) temporary assistance for needy families (TANF) program criteria applicable to:

(1) Citizenship or alien status;

(2) Social Security number; ((and))

(3) Residency; and

(4) Minor teen living arrangements, as defined by the TANF program.

[Statutory Authority: RCW 74.08.090. 93-16-059 (Order 3556), 388-230-0060, filed 7/29/93, effective 8/29/93.]

AMENDATORY SECTION (Amending Order 3759, filed 7/27/94, effective 9/1/94)

WAC 388-230-0090 Eligibility conditions--Financial criteria. In determining financial eligibility and grant amounts, the department shall follow ((aid to families with dependent children)) temporary assistance for needy families (TANF) program income, resource, transfer of property, and payment rules.

[Statutory Authority: RCW 74.08.090. 94-16-044 (Order 3759), 388-230-0090, filed 7/27/94, effective 9/1/94; 93-16-059 (Order 3556), 388-230-0090, filed 7/29/93, effective 8/29/93.]

AMENDATORY SECTION (Amending Order 3556, filed 7/29/93, effective 8/29/93 WAC 388-230-0110 Need and payment standards. (1) In determining a ((persons's)) person's need and payment amounts, the department shall use the need and grant payment standards applicable to the ((aid to families with dependent children)) temporary assistance for needy families (TANF) program.

(2) In the case of a married couple when the husband is eligible for general assistance unemployable and the wife is eligible for general assistance for pregnant women:

(a) Eligibility and payment will be based on the two-person need and payment standard; and

(b) ((The wife is the only person who can receive)) Grant assistance under the GA-S program will only be paid for the woman. The husband and the unborn or adopted out child are not included in the GA-S grant.

[Statutory Authority: RCW 74.08.090. 93-16-059 (Order 3556), 388-230-0110, filed 7/29/93, effective 8/29/93.]

AMENDATORY SECTION (Amending Order 3556, filed 7/29/93, effective 8/29/93 WAC 388-230-0120 Protective payees. For a recipient of general assistance for pregnant women (GA-S) determined to be unable to manage assistance funds by an evaluation conducted by department staff, the department shall follow ((aid to families with dependent children)) temporary assistance for needy families (TANF) program protective payee rules.

[Statutory Authority: RCW 74.08.090. 93-16-059 (Order 3556), 388-230-0120, filed 7/29/93, effective 8/29/93.]

AMENDATORY SECTION (Amending Order 3556, filed 7/29/93, effective 8/29/93 WAC 388-230-0140 Ineligibility based on benefits from other programs. The department shall deny requests for or terminate GA-S to a person:

(1) Eligible for or receiving CEAP or ((AFDC)) temporary assistance for needy families (TANF);

(2) Eligible for or whose needs are being met by supplemental security income (SSI);

(3) Currently under sanction for failure to comply with ((AFDC)) TANF or SSI requirements; or

(4) Who fails or refuses to cooperate without good cause in obtaining ((AFDC)) TANF, CEAP, or SSI.