WSR 07-17-108

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed August 17, 2007, 10:44 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-12-059.

Title of Rule and Other Identifying Information: The department is amending WAC 388-444-0025 Food stamp employment and training -- Payments for FS E&T related expenses.

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on September 25, 2007, at 10:00 a.m.

Date of Intended Adoption: Not earlier than September 26, 2007.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail schilse@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m. on September 25, 2007.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS Rules Consultant, by September 18, 2007, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing the amendment of WAC 388-444-0025 Food stamp employment and training -- Payments for FS E&T related expenses to allow participants in FS E&T programs to be eligible for dependent care payments for dependent children zero to six years of age as allowed under Title 7 C.F.R. 273.7 (d)(4)(i). Under the current rule, only participants with a dependent child age six to twelve qualify for dependent care payments.

Reasons Supporting Proposal: The amendment will allow participants in food stamp employment and training programs to have their dependent care costs paid by the department for children up to six years of age. Without this change, participants with children under age six would not be able to receive child care support services for participation. This would prevent them from meeting their participation requirements and place the entire family in imminent danger of being unable to seek employment and achieve self-sufficiency. This change will encourage participation in food stamp employment and training programs with the goal of helping families achieve self-sufficiency.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.500, 74.04.510, 74.08.090.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.500, 74.04.510, 74.08.090.

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: Nick Espinosa, 1009 College Street S.E., Lacey, WA 98507, (360) 725-4620.

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; it only affects DSHS clients by defining eligible FS E&T households for child care while participating in the FS E&T program.

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."

August 6, 2007

Stephanie E. Schiller

Rules Coordinator

3839.1
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-444-0025   Payments for FS E&T related expenses.   (1) Some of a client's actual expenses needed to participate in the FS E&T program may be paid by the department. Allowable expenses are:

(a) Transportation related costs; and

(b) Dependent care costs for each dependent ((six)) through twelve years of age.

(2) Dependent care payments are not paid if:

(a) The child is thirteen years of age or older unless the child is:

(i) Physically and/or mentally incapable of self-care; or

(ii) Under court order requiring adult supervision; or

(b) Any member in the food assistance unit provides the dependent care.

(3) Dependent care payments paid by the department cannot be claimed as an expense and used in calculating the dependent care deduction as provided in WAC 388-450-0185.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-444-0025, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office