SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Preproposal statement of inquiry was filed as WSR 05-18-032 on August 30, 2005.
Title of Rule and Other Identifying Information: WAC 388-452-0010 What does the family violence amendment mean for TANF/SFA recipients?
Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane, behind Goodyear Tire. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on December 27, 2005, at 10:00 p.m. [a.m.]
Date of Intended Adoption: Not earlier than December 28, 2005.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail firstname.lastname@example.org, fax (360) 664-6185, by 5:00 p.m., December 27, 2005.
Assistance for Persons with Disabilities: Contact Contact Stephanie Schiller, DSHS Rules Consultant, by December 23, 2005, TTY (360) 664-6178 or phone (360) 664-6097 or by e-mail at email@example.com.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to replace references to "family violence amendment" with the correct reference "family violence option."
Reasons Supporting Proposal: The proposed language clarifies which program the exemption is allowed under.
Statutory Authority for Adoption: RCW 74.04.050, 74.08.090, 74.08A.340.
Statute Being Implemented: RCW 74.04.050, 74.08.090, 74.08A.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, Implementation and Enforcement: Stacey Bushaw, 1009 College S.E., Lacey, WA 98504, (360) 725-4622.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These amendments are exempt as allowed under RCW 19.85.025(3) which states "...[t]his chapter does not apply to the adoption of a rule as described in RCW 34.05.310(4)."
RCW 34.05.310(4) states in-part, "[t]his section does not apply to....(c) [r]ules that only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect." The proposed rule clarifies the content without changing its effect.
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)(iv) which states in-part, "[t]his section does not apply to.... [r]ules that only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect."
November 15, 2005
Andy Fernando, Manager
Rules and Policies Assistance Unit3614.2
(1) For TANF/SFA, 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(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 or 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
(2) Under the family violence option DSHS ((
(a) Screen and identify TANF/SFA recipients for a history of family violence;
(b) Notify TANF/SFA recipients about the family violence
amendment)) option both verbally and in writing;
(c) Maintain confidentiality as stated in RCW 74.04.060;
(d) Offer referral to social services or other resources
clients)) recipients who meet the criteria in subsection
(1) of this section;
(e) Waive WorkFirst requirements ((
that)) in cases where
the requirements would make it more difficult to escape family
violence, unfairly penalize victims of family violence(( ,
would make it more difficult to escape family violence)) or
place victims at further risk. Requirements to be waived may
(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 instances where participation in regular work activities would place the recipient at further risk of family violence.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-452-0010, filed 7/31/98, effective 9/1/98.]