WSR 97-24-080

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed December 2, 1997, 4:15 p.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Family violence and TANF, WAC 388-61-001.

Purpose: To correct an incorrect citation of an RCW.

Statutory Authority for Adoption: P.L. 104-193 Section 103 Subsection 408 (a)(7)(c)(iii) and RCW 74.08A.010, 74.04.050, 74.08.090.

Statute Being Implemented: RCW 74.08A.010.

Summary: Typographical error in citing an RCW. This will correct that error.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: June Hershey, Lacey, Washington, phone (360) 413-3258.

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: To fix a typographical error.

Proposal Changes the Following Existing Rules: To fix a typographical error in WAC 388-61-001.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Does not affect small business.

RCW 34.05.328 does not apply to this rule adoption. This rule is exempt from RCW 34.05.328 because it relates only to the Department of Social and Health Services client medical or financial eligibility.

Hearing Location: Lacey Government Center (behind Tokyo Bento restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on January 6, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by December 23, 1997, phone (360) 902-0750, TTY (360) 902-8324, pwall@dshs.wa.gov.

Submit Written Comments to and Identify WAC Numbers: Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by January 6, 1998.

Date of Intended Adoption: No sooner than January 7, 1998.

December 2, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending WSR 97-20-124, filed 10/1/97, effective 11/1/97)

WAC 388-61-001 What does the Family Violence Amendment mean for TANF recipients? The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), also known as the Welfare Reform Act, gave every state the option to have a program to address issues of family violence for temporary assistance for needy families (TANF) recipients.

(1) For TANF, it is family violence when a recipient, or family member or household member has been subjected by another family member or household member as defined in RCW 26.50.010 (((1))) (2) to one of the following:

(a) Physical acts that resulted in, or threatened to result in, physical injury;

(b) Sexual abuse;

(c) Sexual activity involving a dependent child;

(d) Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;

(e) Threats of or attempts at, physical sexual abuse;

(f) Mental abuse;

(g) Neglect or deprivation of medical care((,)); or

(h) Stalking.

(2) DSHS shall:

(a) Screen and identify TANF recipients for a history of family violence;

(b) Notify TANF recipients about the Family Violence Amendment both verbally and in writing;

(c) Maintain confidentiality as stated in RCW 74.04.060;

(d) Refer individuals needing counseling to supportive services;

(e) Waive WorkFirst requirements in cases where the requirements would make it more difficult to escape family violence, unfairly penalize victims of family violence or place victims at further risk of family violence. Requirements to be waived may include:

(i) Time limits for TANF recipients, for as long as necessary (after fifty-two months of receiving TANF);

(ii) Cooperation with the division of child support.

(f) Develop specialized work activities for clients meeting the definition of family violence in instances where participation in work activities would place the recipients at further risk of family violence.