WSR 09-03-101

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed January 21, 2009, 7:36 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-23-098.

Title of Rule and Other Identifying Information: The community services division is amending WAC 388-310-0800 WorkFirst -- Support services.

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 February 24, 2009, at 10:00 a.m.

Date of Intended Adoption: Not earlier than February 25, 2009.

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 p.m. on February 24, 2009.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by February 10, 2009, 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: This rule change is needed to remove support services for recipients of diversion cash assistance who are receiving career services through the employment security department.

Reasons Supporting Proposal: The proposal is aimed at reducing costs of the program in response to budget constraints.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, and 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: Ian Horlor, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4634.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses. The proposed amendments only affect DSHS clients by defining who is eligible for these services.

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." These rules affect eligibility support services for recipients of the WorkFirst career services program.

January 14, 2009

Stephanie E. Schiller

Rules Coordinator

4045.2
AMENDATORY SECTION(Amending WSR 08-18-045, filed 8/29/08, effective 10/1/08)

WAC 388-310-0800   WorkFirst--Support services.   (1) Who can get support services?

People who can get support services include:

(a) WorkFirst participants who receive a TANF cash grant;

(b) Sanctioned WorkFirst participants during the required participation before the sanction is lifted or applicants who were terminated by a sanction review panel who are doing activities required to reopen cash assistance (WAC 388-310-1600);

(c) Unmarried or pregnant minors who are income eligible to receive TANF and are:

(i) Living in a department approved living arrangement (WAC 388-486-0005) and are meeting the school requirements (WAC 388-486-0010); or

(ii) Are actively working with a social worker and need support services to remove the barriers that are preventing them from living in a department approved living arrangement and/or meeting the school requirements.

(d) Former WorkFirst recipients who are working at least twenty hours or more per week for up to six months after leaving TANF if they need support services to meet a temporary emergency. This can include up to four weeks of support services if they lose a job and are looking for another one (see also WAC 388-310-1800);

(e) ((Diversion cash assistance (DCA) recipients who are working at least thirty hours or more per week and enrolled in WorkFirst career services if they need support services to meet a temporary emergency;

(f))) American Indians who receive a TANF cash grant and have identified specific needs due to location or employment.

(2) Why do I receive support services?

Although not an entitlement, you may receive support services for the following reasons:

(a) To help you participate in work and WorkFirst activities that lead to independence.

(b) To help you to participate in job search, accept a job, keep working, advance in your job, and/or increase your wages.

(c) You can also get help in paying your child care expenses through the working connections child care assistance program. (Chapter 170-290 WAC describes the rules for this child care assistance program.)

(3) What type of support services may I receive and what limits apply?

There is a limit of three thousand dollars per person per program year (July 1st to June 30th) for WorkFirst support services you may receive. Most types of support services have dollar limits.

The chart below shows the types of support services that are available for the different activities (as indicated by an "x") and the limits that apply.

Definitions:

Work-related activities include looking for work or participating in workplace activities, such as community jobs or a work experience position.

Safety-related activities include meeting significant or emergency family safety needs, such as dealing with family violence. When approved, safety-related support services can exceed the dollar or category limits listed below.

Some support services are available if you need them for other required activities in your IRP.

Type of support service

Limit

Work

Safety

Other

Reasonable accommodation for employment $1,000 for each request x
Clothing/uniforms $75 per adult per program year x
Diapers $50 per child per month x
Haircut $40 per each request x
Lunch Same rate as established by OFM for state employees x
Personal hygiene $50 per adult per program year x
Professional, trade, association, union and bonds $300 for each fee x
Relocation related to employment (can include rent, housing, and deposits) $1,000 per program year x
Short-term lodging and meals in connection with job interviews/tests Same rate as established by OFM for state employees x
Tools/equipment $500 per program year x
Car repair needed to restore car to operable condition $250 per program year x x
License/fees $130 per program year x x
Mileage, transportation, and/or public transportation Same rate as established by OFM for state employees x x
Transportation allotment Up to:

$25 for immediate need, or

$40 twice a month if you live within 40 miles of your local WorkFirst office, or

$60 twice a month if you live more than 40 miles from your local WorkFirst office.

x x
Counseling No limit x x x
Educational expenses $300 for each request if it is an approved activity in your IRP and you do not qualify for sufficient student financial aid to meet the cost x x
Medical exams (not covered by Medicaid) $150 per exam x x x
Public transportation $150 per month x x x
Testing-diagnostic $200 each x x x

(4) What are the other requirements to receive support services?

Other restrictions on receiving support services are determined by the department or its agents. They will decide what support services you receive, as follows:

(a) It is within available funds; and

(b) It does not assist, promote, or deter religious activity; and

(c) There is no other way to meet the cost.

(5) What happens to my support services if I do not participate as required?

The department will give you ten days notice, following the rules in WAC 388-310-1600, then discontinue your support services until you participate as required.

[Statutory Authority: RCW 74.04.050 and 74.04.055. 08-18-045, 388-310-0800, filed 8/29/08, effective 10/1/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.260, chapter 74.08A RCW. 06-10-035, 388-310-0800, filed 4/27/06, effective 6/1/06. Statutory Authority: RCW 74.08.090, 74.04.050, 74.08A.340. 05-02-014, 388-310-0800, filed 12/27/04, effective 1/27/05. Statutory Authority: RCW 74.08.090, 74.04.050, 74.08A.340, and 2003 c 10 207. 03-21-154, 388-310-0800, filed 10/22/03, effective 10/27/03. Statutory Authority: RCW 74.08.090, 74.04.050, 78.08A.340, and [WSR] 99-14-043. 02-11-130, 388-310-0800, filed 5/21/02, effective 7/1/02; 01-17-053, 388-310-0800, filed 8/13/01, effective 9/1/01. Statutory Authority: RCW 74.08.090, 74.04.050, and 78.08A.340. 00-13-106, 388-310-0800, filed 6/21/00, effective 7/1/00. Statutory Authority: RCW 74.08.090 and 74.04.050. 99-14-043, 388-310-0800, filed 6/30/99, effective 7/31/99; 97-20-129, 388-310-0800, filed 10/1/97, effective 11/1/97.]

Washington State Code Reviser's Office