WSR 09-23-077



(Economic Services Administration)

[ Filed November 16, 2009, 10:20 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-16-102.

Title of Rule and Other Identifying Information: The department is amending WAC 388-408-0020 When am I not allowed to be in a TANF or SFA assistance unit?

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 or by calling (360) 664-6094), on December 22, 2009, at 10:00 a.m.

Date of Intended Adoption: Not earlier than December 23, 2009.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail, fax (360) 664-6185, by 5 p.m. on December 22, 2009.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by December 8, 2009, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The community services division, economic services administration is proposing to revise WAC 388-408-0020 When am I not allowed to be in a TANF or SFA assistance unit?, clarifying that adoptive children are always to be included in such units, regardless of adoption support received.

Reasons Supporting Proposal: The proposed amendment will correct language in this WAC which may be seen as contradicting other assistance unit rules.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.20.330.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.20.330.

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: Tom Berry, 712 Pear S.E., Olympia, WA 98504-5470, (360) 725-4617.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed changes do not have an economic impact on small businesses. The proposed amendments only clarify policy regarding inclusion of adoptive children in TANF or SFA assistance units.

A cost-benefit analysis is not required under RCW 34.05.328. This amendment is exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "this 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."

November 4, 2009

Stephanie E. Vaughn

Rules Coordinator

AMENDATORY SECTION(Amending WSR 01-03-121, filed 1/22/01, effective 3/1/01)

WAC 388-408-0020   When am I not allowed to be in a TANF or SFA assistance unit?   Some people cannot be in an AU for TANF or SFA. This section describes who cannot be in your TANF or SFA AU and how this will affect your benefits.

(1) We do not include the following people in your TANF or SFA AU:

(a) ((An adopted child if:

(i) The child gets federal, state, or local adoption assistance; and

(ii) Including the child in the AU and counting the adoption assistance income would reduce your AU's benefits.

(b))) A minor parent or child who has been placed in Title IV-E, state, or locally-funded foster care unless the placement is a temporary absence under WAC 388-454-0015;

(((c))) (b) An adult parent in a two-parent household when:

(i) The other parent is unmarried and under the age of eighteen; and

(ii) We decide that your living arrangement is not appropriate under WAC 388-486-0005.

(((d))) (c) A court-ordered guardian, court-ordered custodian, or other adult acting in loco parentis (in the place of a parent) if they are not a relative of one of the children in the AU as defined under WAC 388-454-0010; or

(((e))) (d) Someone who gets SSI benefits.

(2) If someone that lives with you cannot be in the AU:

(a) We do not count them as a member of the AU when we determine the AU's payment standard; and

(b) We do not count their income unless they are financially responsible for a member of the AU under WAC 388-450-0095 through 388-450-0130.

[Statutory Authority: RCW 74.04.050, 74.04.057, 2000 2nd sp.s. c 1. 01-03-121, 388-408-0020, filed 1/22/01, effective 3/1/01. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.510. 00-05-007, 388-408-0020, filed 2/4/00, effective 3/6/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-408-0020, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office