WSR 97-20-128

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed October 1, 1997, 10:07 a.m., effective November 1, 1997]

Date of Adoption: September 30, 1997.

Purpose: To amend existing Department of Social and Health Services rules to make them conform to changes in welfare reform law at the state and federal level.

1. Amended WAC 388-215-1000 to implement new citizenship criteria for TANF.

2. Amended one rule, WAC 388-235-2000, concerning individual development accounts.

3. Amended WAC 388-265-1275 to establish requirements for protective payees for parenting and/or pregnant minors.

4. Amended WAC 388-55-030 to set requirements for treatment of income and resources for the refuge cash assistance program.

5. Amended three rules to set TANF requirements for unmarried pregnant or parenting teens: WAC 388-215-1620, 388-215-1650, and 388-215-1660.

6. Amended two rules to change the provision for basic eligibility to require pregnant and parenting teens to live in an appropriate living situation: WAC 388-230-0010 and 388-230-0060.

Citation of Existing Rules Affected by this Order: WAC 388-215-1000, 388-265-1275, 388-55-030, 388-215-1620, 388-215-1650, 388-215-1660, 388-230-0010, 388-230-0060, and 388-235-2000.

Statutory Authority for Adoption: For WAC 388-215-1000 is RCW 74.08.090; for WAC 388-265-1275 is RCW 74.08.090, 74.04.057; for WAC 388-55-030 is RCW 74.04.050, 74.08.090; for WAC 388-215-1620, 388-215-1650, and 388-215-1660 is RCW 74.08.090, 74.12.255; for WAC 388-230-0010 and 388-230-0060 is RCW 74.08.090, 74.04.0052; and for WAC 388-235-2000 is RCW 74.08.090, 307, chapter 58, Laws of 1997.

Adopted under notice filed as WSR 97-17-039 on August 14, 1997; WSR 97-17-069 on August 18, 1997; WSR 97-17-087 and 97-17-090 on August 19, 1997; and WSR 97-17-097 and 97-17-102 on August 20, 1997.

Changes Other than Editing from Proposed to Adopted Version: As a result of a regulatory improvement review, the department has streamlined and simplified these rules to make them consistent with Governor Locke's and Secretary Quasim's executive orders on regulatory improvement. These rules are easier to understand, do not restate federal or state law, and the intent of the rule is more clear.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 9, repealed 0.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: November 1, 1997.

September 30, 1997

Jerry W. Friedman

Assistant Secretary

Economic Services Administration

AMENDATORY SECTION (Amending WSR 93-16-059, 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 if the woman was receiving:

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

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

(2) ((GA-S is used only when federally-funded grant assistance programs are not available)) 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.

(3) Refer to RCW 74.04.005 (6)(a) and (g).

[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 WSR 93-16-059, 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 unemployable (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 388-235-2000 Resources. The department shall ((treat)) determine eligibility for general assistance using the resource((s)) and transfer of property ((for GAU the same as for AFDC as required under)) rules in chapters 388-216 and 388-217 WAC, except for funds in an individual development account established under WAC 388-216-3000.

[Statutory Authority: RCW 74.08.090. 94-16-044 (Order 3759), 388-235-2000, filed 7/27/94, effective 9/1/94; 93-16-058 (Order 3559), 388-235-2000, filed 7/29/93, effective 8/29/93.]

AMENDATORY SECTION (Amending WSR 94-20-040, 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 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 plan based on a determination made by the department that the client is not living in an appropriate living situation. Appropriate living situations include:

(a) Place of residence maintained by the client's parent, legal guardian, or other adult relative as their own home; or

(b) As determined by the department, other appropriate supportive living arrangement supervised by an adult which is maintained as a family setting.

(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 plan if the client demonstrates the ability to manage funds adequately.

(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)) Refer to RCW 74.04.0052.

[Statutory Authority: Chapter 74.12 RCW and E2 SHB 2798. 94-20-040 (Order 3785), 388-265-1275, filed 9/28/94, effective 10/29/94.]

AMENDATORY SECTION (Amending Order 3799, filed 10/26/94, effective 11/26/94)

WAC 388-215-1620 Assistance unit--Excluded persons ((excluded due to factors not related to need)). The department shall ((exclude from the assistance unit those persons)) not count people ineligible due to ((factors not related to)) program requirements other than need when deciding how many people are in an assistance unit. Exclusions include, but are not limited to:

(1) A recipient of SSI benefits;

(2) ((A child)) Children under eighteen who ((is)) are not deprived of parental support or care as defined under WAC 388-215-1300 through 388-215-1390;

(3) ((An)) Aliens who do not meet((ing)) the citizenship and alienage requirements (see WAC 388-215-1200);

(4) Adopted children receiving Title IV-E, state or local adoption assistance ((if inclusion of such children and their income)) when including them will result in a decrease in benefits to the assistance unit;

(5) Children who receive Title IV-E, state and local foster care maintenance payments except as provided for under WAC 388-215-1100 and 388-215-1120;

(6) ((A person under sanction for noncooperation with:

(a) The job opportunities and basic skills training (jobs) program (see WAC 388-215-1520); or

(b) The department's division of child support (see WAC 388-215-1400).

(7))) A child who does not live with a relative of specified degree as defined under WAC 388-215-1060 and 388-215-1080;

(7) An adult parent in a two-parent household when:

(a) The other parent is unmarried and under the age of eighteen; and

(b) The department determines the living arrangement is not appropriate under WAC 388-215-1660.

[Statutory Authority: RCW 74.08.090. 94-22-031 (Order 3799), 388-215-1620, filed 10/26/94, effective 11/26/94; 94-10-065 (Order 3732), 388-215-1620, filed 5/3/94, effective 6/3/94. Formerly parts of WAC 388-24-050 and 388-26-145.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

AMENDATORY SECTION (Amending WSR 97-06-076, filed 2/28/97, effective 3/31/97)

WAC 388-215-1650 Assistance to a minor ((child)). (1) ((A minor is a person seventeen years of age and younger.

(2) Under state law, (chapter 74.13 RCW, Child welfare services), the department shall protect and care for homeless, dependent, or neglected children or children in danger of becoming delinquent.

(3) If a minor applies for assistance for himself or herself, the department shall determine eligibility for AFDC as required under this chapter. If an unmarried pregnant minor is requesting an abortion, parental consent is not required. The decision to proceed with an abortion rests solely with the minor. Involvement and/or consultation with parents in reaching this decision should be a matter of individual case judgment.

(4) Prior to authorizing assistance for a minor, the department shall determine the parent's ability to financially support and willingness to contribute. See WAC 388-506-0610 (1) and (2) for responsibility for medical care. Parental contact is not required when the minor applicant)) Minors may apply for TANF from the department.

(2) The department will inform a minor applicant that it will contact the minor's parent or guardian to ask whether they are willing to contribute to the support of the minor before authorizing assistance, unless the minor:

(a) Is married; or

(b) ((Is)) In the military ((service)); or

(c) ((Has been declared)) Is emancipated by a court ((of competent jurisdiction prior to the application for assistance)); or

(d) Is applying for medical assistance related to pregnancy.

(((5) The minor's emancipation status is not an eligibility factor. The identification of emancipation status is necessary to determine if there is parental responsibility for support.

(6) The department shall inform the minor applicant that there will be communication with the minor's parents during the eligibility determination process in order to determine the parents' willingness to contribute to the support of the minor.

(7) If a minor parent and his or her child live with such minor's parent or parents, the department shall establish the assistance unit of the minor according to WAC 388-215-1600 through 388-215-1610. If the minor parent's parent is not included in the assistance unit of the minor parent, the department shall consider the income of such parent available to meet the needs of the minor parent as specified under WAC 388-218-1660 and 388-218-1680.

(8) If a minor parent's)) (3) When the legal guardian has a court-ordered responsibility ((for the)) to support ((of such)) a minor parent, the department ((shall treat such legal)) will use the guardian's income((, with respect to determining the availability of such income to meet the needs of the minor parent, the same as the income of a minor parent's parent as specified in subsection (7) of this section.

(9) The department shall require an unmarried minor parent who has not completed a high school education (or its equivalent), and whose youngest child is at least twelve weeks old, to participate in educational activities leading to the attainment of a high school diploma or its equivalent, or participate in an alternative educational or training program that has been approved by the department. The following conditions apply:

(a) "Participate" means maintaining satisfactory attendance as required by the school or program in which the minor parent is enrolled.

(b) No TANF benefits will be issued for a minor parent who is not participating as required above. The eligibility of the minor parent's child is not affected by this rule.

(c) The income of a minor parent who is disqualified under this section shall be allocated under WAC 388-218-1640 as if the minor parent were ineligible due to sanction or noncooperation)) to figure the amount of the grant according to WAC 388-218-1670.

[Statutory Authority: RCW 74.04.050, 74.04.055 and P.L. 104-193, Section 103 (a)(1) (1996). 97-06-076, 388-215-1650, filed 2/28/97, effective 3/31/97. Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), 388-215-1650, filed 5/3/94, effective 6/3/94. Formerly WAC 388-24-550.]

AMENDATORY SECTION (Amending WSR 97-09-029, filed 4/10/97, effective 5/11/97)

WAC 388-215-1660 Unmarried ((minor parents)) pregnant or parenting teens under age eighteen--Required ((to live with adult relative or legal guardian)) living arrangement. (1) ((The department shall deny)) To be eligible for cash assistance ((to)), an unmarried ((minor parent, by excluding the needs of that individual in determining the need and payment amount of the assistance unit, if that individual and that individual's child do not reside in one of the living situations described in subsection (2) of this section)) pregnant or parenting teen under age eighteen and the teen parent's child must:

(a) Live in a home approved by the department; and

(b) Have a protective payee as required by WAC 388-265-1275.

(2) ((An unmarried minor parent and the minor parent's child must live in either:

(a))) The department will approve the home of a parent, legal guardian, or other adult relative ((of the minor parent; or

(b))), as defined under RCW 74.15.020(4), of the pregnant or parenting teen, unless:

(a) The pregnant or parenting teen has no living parent, legal guardian, or other adult relative that can be located, or if the parent, legal guardian, or other adult relative does not meet applicable state criteria to act as the individual's legal guardian or otherwise does not want the pregnant or parenting teen to reside with them; or

(b) The pregnant or parenting teen or teen parent's child is being or has been subjected to serious physical, emotional or sexual harm, abuse or exploitation in the home of the parent, legal guardian, or other adult relative; or

(c) Substantial evidence exists of an act or failure to act by the parent, legal guarding, or other adult relative that presents an imminent or serious harm to the pregnant or parenting teen or teen parent's child if they resided there; or

(d) The department determines that it is in the best interest of the teen parent's child or the pregnant teen to waive the requirement of living in the home of a parent, legal guardian, or other adult relative.

(3) If the home of a parent, legal guardian, or other adult relative is not available or suitable, the department will approve:

(a) A facility or home licensed under ((RCW)) chapter 74.15 RCW that provides a supportive and supervised living arrangement requiring residents to learn parenting skills((,)); or

(b) A maternity home((,)); or

(c) Other ((appropriate)) adult-supervised living arrangement((,)); or

(d) The client's current or proposed living arrangement if the department determines it is appropriate((, if:

(i) The minor parent has no living parent, legal guardian, or other adult relative that can be located, or if the parent, legal guardian, or other adult relative does not meet applicable state criteria to act as the individual's legal guardian or otherwise does not want the minor parent to reside with them; or

(ii) The minor parent or minor parent's child is being or has been subjected to serious physical, emotional or sexual harm, abuse or exploitation in the home of the parent, legal guardian, or other adult relative; or

(iii) Substantial evidence exists of an act or failure to act by the parent, legal guardian, or other adult relative that presents an imminent or serious harm to the minor parent or minor parent's child if they resided there; or

(iv) The department determines that it is in the best interest of the minor child to waive the requirement in subsection (2)(a) of this section.

(3) For the purposes of this section, an unmarried minor parent's living arrangement is not appropriate if, at the time of the minor parent's eligibility determination, the other natural parent of the minor parent's child:

(a) Resides in the home;

(b) Is at least eighteen years of age; and

(c) The minor parent and the adult parent meet the age criteria for the offenses of rape of a child in the first, second or third degree as set forth in RCW 9A.44.073, 9A.44.076 and 9A.44.079.

(4) The income of a minor parent who is denied benefits under this section shall be allocated under WAC 388-218-1640 as if the minor parent were ineligible due to sanction or noncooperation)).

(4) The department will never approve a home that includes the other natural parent of the teen's child or unborn when:

(a) The unmarried pregnant or parenting teen is under age sixteen; and

(b) The other parent is eighteen or older and meets the age criteria for the offenses of rape of a child in the first, second, or third degree as set forth in RCW 9A.44.073, 9A.44.076 and 9A.44.079.

(5) If an unmarried pregnant or parenting teen is disqualified because of this rule:

(a) No child in the assistance unit will be disqualified; and

(b) If the teen parent has income, the department will use it to figure the amount of the child's grant according to WAC 388-218-1640.

[Statutory Authority: RCW 74.04.050, 74.04.055 and Public Law 104-193, Section 103 (a)(1) (1996). 97-09-029, 388-215-1660, filed 4/10/97, effective 5/11/97.]

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)) Lives 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 WAC 388-215-1200))) whose immigration status meets the criteria of a qualified alien as specified in federal law at U.S.C. Title 8, Sections 1611, 1612, 1613, 1641, and 1645; 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) Be a United States citizen or national; or

(b) Meet federal immigrant status eligibility requirements as specified in U.S.C. Title 8, Sections 1611, 1612, 1613, 1641, and 1645; and

(c) 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))) (d) 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));

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

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

(f) 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));

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

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

(i) 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 3944, filed 2/9/96, effective 3/11/96)

WAC 388-55-030 Treatment of income and resources. (1) The ((department shall treat the)) income and resources of ((an applicant or recipient of)) RCA/RMA ((in accordance with provisions)) clients shall be treated according to the rules in chapters 388-216 WAC((, AFDC resources,)) and ((chapter)) 388-218 WAC, ((AFDC income)) except that RCA/RMA clients do not qualify for:

(a) The fifty percent gross earned income disregard allowed under WAC 388-218-1440. Instead, the first ninety dollars of an RCA/RMA client's monthly gross earned income shall be disregarded;

(b) The three thousand dollar savings account exemption allowed to recipients under WAC 388-216-2650;

(c) The exemption for a motor vehicle used to transport a physically disabled household member under WAC 388-216-2500; and

(d) The five thousand dollar vehicle equity value exemption under WAC 388-216-2650. Instead, the equity value exemption for a used and useful vehicle owned by an RCA/RMA client is one thousand five hundred dollars.

(2) ((With the exception of the thirty dollar and one-third earned income disregard, adult refugee recipients shall be eligible for earned income exemptions as specified in WAC 388-218-1420, regardless of assistance unit composition.

(3))) The department shall not consider resources which are unavailable, including property remaining in other countries, in determining eligibility for RCA/RMA.

(((4))) (3) The income of a refugee dependent child shall be treated as specified in WAC 388-218-1410.