WSR 04-16-105




[ Filed August 3, 2004, 4:32 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-24-068.

Title of Rule and Other Identifying Information: WAC 388-61-001 What does the family violence amendment mean for TANF recipients?

Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on September 7, 2004, at 10:00 a.m.

Date of Intended Adoption: Not earlier than September 8, 2004.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail, fax (360) 664-6185, by 5:00 p.m., September 7, 2004.

Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by September 3, 2004, TTY (360) 664-6178 or (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending this rule to simplify and clarify the language of the WAC and clearly state the WAC only applies to adults, minor teen parents, and emancipated minors.

Reasons Supporting Proposal: The proposed rule clarifies that the department does not screen minors unless the minor is a teen parent or an emancipated teen getting TANF/SFA.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, and 78.08A.340.

Statute Being Implemented: RCW 74.08.090, 74.04.050, and 78.08A.340.

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

Name of Proponent: Department of Social and Health Services, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Ian Horlor, Lacey Government Center, Lacey, Washington, (360) 725-4634; Enforcement: Aurea Figeuroa, Lacey Government Center, Lacey, Washington, (360) 725-4623.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses as it only affects DSHS clients.

A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his section does not apply to...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."

July 30, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 98-07-040, filed 3/12/98, effective 4/12/98)

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

(1) For TANF((, it is))/State Funded Assistance (SFA), family violence is 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(2) to ((one)) any 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)) must:

(a) Screen and identify adults, minor teen parents, or emancipated teens getting TANF ((recipients))/SFA for a history of family violence;

(b) Notify ((TANF recipients)) in writing and verbally adults, minor teen parents, or emancipated teens getting TANF/SFA 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)) This may include:

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

(ii) Cooperation with the division of child support.

(f) Develop specialized work activities for family violence clients ((meeting the definition of family violence in instances where)), as defined in subsection (1) of this section if participation in work activities would place the recipients at further risk of family violence.

[Statutory Authority: Public Law 104-193, Section 103, Subsection 408 (a)(7)(c)(iii), HB 3901, section 103(4), RCW 74.08A.010, 74.04.050 and 74.08.090. 98-07-040, 388-61-001, filed 3/12/98, effective 4/12/98. Statutory Authority: RCW 74.04.050, 74.08.090 and 74.04.057. 97-20-124, 388-61-001, filed 10/1/97, effective 11/1/97.]

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