WSR 00-08-060

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Division of Assistance Programs)

[ Filed March 31, 2000, 11:01 a.m. , effective April 1, 2000 ]

Date of Adoption: March 31, 2000.

Purpose: WAC 388-424-0015, the rule change will result in equitable treatment of immigrants under SFA and have it coincide with the temporary assistance to needy families (TANF) program in which residency requirements are no longer being enforced.

Citation of Existing Rules Affected by this Order: Amending WAC 388-424-0015.

Statutory Authority for Adoption: RCW 74.04.050, 74.08.090.

Adopted under notice filed as WSR 00-05-110 on February 16, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Federal court decision in Saenz v. Roe, 134 F.3d 1400 (1999), established precedent that would require the repeal of this rule as soon as possible. No client will be adversely affected by implementing this rule on April 1, 2000.Effective Date of Rule: April 1, 2000.

March 31, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2699.2
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-424-0015
Citizenship and alien status--Eligibility requirements for the state family assistance program (SFA).

(((1) Aliens who first physically enter the U.S. on or after August 22, 1996 can receive SFA only after an adult caretaker relative in the assistance unit has resided in Washington state for twelve consecutive months. This requirement:

(a) Applies to an alien only once during his or her lifetime; and

(b) Does not apply to North American Indians born in Canada who are allowed to cross the U.S./Canadian border freely under section 289 of the INA.

(2))) To receive SFA benefits, ((persons)) you must be:

(((a) Qualified aliens who are)) (1) A qualified alien who is not eligible for TANF benefits because of the five-year period of ineligibility described in WAC 388-424-0010(2); or

(((b) Aliens who are)) (2) An alien who is permanently residing in the U.S. under color of law (PRUCOL) as defined in WAC 388-424-0005(4).

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-424-0015, filed 7/31/98, effective 9/1/98. Formerly WAC 388-518-1805.]

Washington State Code Reviser's Office