WSR 05-23-108



(Economic Services Administration)

[ Filed November 18, 2005, 10:09 a.m. ]

Original Notice.

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 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, 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

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 Unit

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

WAC 388-452-0010   What does the family violence ((amendment)) option mean for TANF/SFA 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)) procedures in place to address issues of family violence for recipients receiving temporary assistance for needy families (TANF) ((and)) or state family assistance (SFA) ((recipients)).

(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

(h) Stalking.

(2) Under the family violence option DSHS ((shall)) must:

(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 for ((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 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 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.]