WSR 12-20-077



(Economic Services Administration)

[ Filed October 3, 2012, 9:30 a.m. ]

     Supplemental Notice to WSR 11-22-100.

     Preproposal statement of inquiry was filed as WSR 11-17-137.

     Title of Rule and Other Identifying Information: The department is proposing to add a new chapter in TITLE 388 WAC necessary to comply with the requirements in RCW 74.08A.040 to enact rules covering at a minimum the appropriate uses of state maintenance of effort (MOE) funds and annual reports on program operations by tribal TANF programs.

     Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at or by calling (360) 664-6094), on November 6, 2012, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than November 7, 2012.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, 115 [1115] Washington Street S.E., Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5 p.m. on November 6, 2012.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by October 15, 2012, 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: It is necessary to adopt these rules so the department and the eligible tribes within Washington state upon approval of a tribal TANF program by the secretary of the federal Department of Health and Human Services have a clear understanding of what is required.

     Reasons Supporting Proposal: The rule making is necessary to comply with RCW 74.08A.040.

     Statutory Authority for Adoption: RCW 74.08A.040.

     Statute Being Implemented: RCW 74.08A.040.

     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: Mike Mowrey, P.O. Box 45857, Olympia, WA 98504-5857, (360) 725-4656.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not have an economic impact on small businesses. The proposed rule making relates to requirements a tribal TANF program must follow concerning the appropriate uses of state MOE funds and annual reports on program operations by tribal TANF programs.

     A cost-benefit analysis is not required under RCW 34.05.328. The rules are exempt as provided under RCW 34.05.328 (5)(b)(v) which states: "Rules the content of which is explicitly and specifically dictated by statute."

September 26, 2012

Katherine I. Vasquez

Rules Coordinator

WAC 388-315-1000   Tribal TANF--Overview--Why do we have state rules regarding tribal temporary assistance for needy families program and state maintenance of effort funds?   (1) Under RCW 74.08A.040, the department of social and health services is required to adopt rules regarding state maintenance of effort and reporting requirements for tribal TANF programs.

     (2) When statutorily required to adopt rules, the department must enact regulations in the Washington Administrative Code consistent with the Administrative Procedures Act.

     (3) The department is adopting these rules so that everyone has an understanding of what is required.


     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
WAC 388-315-1050   Tribal TANF--Overview--What is state maintenance of effort?   State maintenance of effort is a federal TANF requirement that a state shall spend at least a specified amount, as required by 45 CFR 263.1, of state funds for benefits and services for members of needy families each year. A broad, but not unlimited, array of benefits and services for low-income families with children can count toward satisfying a state's maintenance of effort obligation.


WAC 388-315-1100   Tribal TANF--Overview--Do tribal TANF programs receive state maintenance of effort funds?   Yes. A tribe or a consortium of tribes may elect to operate a tribal TANF program under 45 CFR 286. Per RCW 74.08A.040, the department shall transfer a fair and equitable amount of the TANF state maintenance of effort funds to eligible tribes, or consortium of tribes, within Washington State upon approval of a tribal TANF program by the secretary of the federal department of health and human services.


WAC 388-315-1150   Tribal TANF--Overview--What agreements does the state establish with a tribe or consortium of tribes prior to distribution of state maintenance of effort funding for a tribal TANF program?   In making an allocation of state maintenance of effort funding to a tribe or consortium of tribes for a tribal TANF program, the department shall ensure that the following mutually agreed upon agreements are in place:

     (1) Intergovernmental TANF agreement;

     (2) Data share agreement; and

     (3) Operational agreement.


WAC 388-315-2050   Tribal TANF--State maintenance of effort requirements--What is considered an allowable use of state maintenance of effort funds?   State maintenance of effort funds for tribal TANF programs may be used as follows:

     (1) The funds may be used in a flexible manner that meets the needs of their service population within the four purposes of the TANF program, as set forth in 45 CFR 260.20; and

     (2) The funds may be used in any manner that meets federal requirements, as set forth in federal law, regulation and guidance, for an allowable use of funds that counts toward state maintenance of effort; and

     (3) The funds must be spent on an eligible family, in accordance with 45 CFR 263.2(b) and federal guidance. For the purposes of a tribal TANF program's state maintenance of effort expenditures, an eligible family can include anyone defined in a tribal TANF program's federally approved tribal family assistance plan.


WAC 388-315-3000   Tribal TANF--Reporting requirements--What are the tribal TANF reporting requirements?   The department shall require quarterly reports that are specified in the intergovernmental TANF agreement. The reports shall provide program data in the following areas:

     (1) State maintenance of effort expenditure information;

     (2) Caseload information; and

     (3) Performance measures as identified by the tribe or consortium of tribes.