WSR 97-18-074

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed September 2, 1997, 4:56 p.m.]

Date of Adoption: September 2, 1997.

Purpose: To comply with the state requirements of EHB 3901 which adds an exemption to the federal requirement that temporary assistance for needy families (TANF) be denied to persons convicted of drug-related felonies. If a person was convicted for possession or use of a controlled substance and (1) was assessed as chemically dependent, (2) is participating in treatment, and (3) was not previously convicted of a drug-related felony within three years of the current conviction, he or she would be exempt from this rule.

Citation of Existing Rules Affected by this Order: Amending WAC 388-215-1570 Denial of assistance to persons convicted of drug-related felonies.

Statutory Authority for Adoption: RCW 74.08.090.

Other Authority: RCW 74.08.025(4) amended in EHB 3901, section 101 (1997).

Adopted under notice filed as WSR 97-15-032 on July 9, 1997.

Changes Other than Editing from Proposed to Adopted Version: In subsection (2)(a), substituted the words "chemical dependency program" for "assessment agency," because that was the specific language used in the bill. Assessment agencies are not necessarily chemical dependency programs.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 1, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: Thirty-one days after filing.

September 2, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending WSR 97-08-034 and 97-10-040, filed 3/27/97 and 4/30/97, effective 8/1/97)

WAC 388-215-1570 Denial of assistance to persons convicted of drug-related felonies. (1) Except as provided in subsection (2) below, the department shall deny TANF benefits to an individual convicted after August ((22)) 21, 1996, under federal or state law, of any felony involving the possession, use or distribution of a controlled substance as defined in section 102(6) of the Controlled Substances Act by excluding the needs of that individual in determining the need and payment amount of the assistance unit.

(2) An individual who has been convicted of possession or use of a controlled substance is exempt from the provision of subsection (1) of this section if that individual:

(a) Was assessed as chemically dependent by a state-certified chemical dependency program; and

(b) Is participating in or completed a rehabilitation plan consisting of chemical dependency treatment and vocational services; and

(c) Was not previously convicted of a felony for possession or use of a controlled substance within three years of the latest conviction.

(3) Each applicant shall attest in writing whether the applicant or a person for whom the applicant is applying has been convicted of a felony as described in subsection (1) of this section.