WSR 15-02-042 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed January 2, 2015, 10:18 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-20-107.
Title of Rule and Other Identifying Information: The community services division is proposing to amend WAC 388-310-0300 WorkFirst—Infant care exemptions for mandatory participants and 388-310-1450 Pregnancy to employment, to clarify WorkFirst participation requirements for WorkFirst infant exemption and the pregnancy to employment pathway.
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on February 10, 2015, at 10:00 a.m.
Date of Intended Adoption: Not earlier than February 11, 2015.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., February 10, 2015.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by TTY (360) 664-6178 or (360) 664-6092 or e-mail Kildaja@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to include parenting education or parenting skills training as an activity that may be required if indicated while WorkFirst participants are in the pregnancy to employment pathway or under the infant exemption. RCW 74.08A.270 Good cause, establishes activities participants may be required to participate in while claiming a good cause exemption. The proposed WAC changes support RCW 74.08A.270.
Reasons Supporting Proposal: This change supports activities related to the WorkFirst/TANF home visiting pilot providing parenting education or parenting skills training to WorkFirst participants.
Statutory Authority for Adoption: RCW 74.08A.270, 74.04.050, 74.08.090, and 74.04.055.
Statute Being Implemented: RCW 74.08A.270, 74.04.050, 74.08.090, and 74.04.055.
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: Louisa Erickson, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4559.
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 disregarding more income in the child-only TANF means-testing process.
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, "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."
December 30, 2014
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 08-02-055, filed 12/28/07, effective 2/1/08)
WAC 388-310-0300 WorkFirst—Infant care exemptions for mandatory participants.
(1) When can I be exempted from participating in WorkFirst activities if I am a mandatory participant?
Either you or the other parent (living in the household) can claim an infant exemption from participating in WorkFirst activities provided you:
(a) Have a child under one year of age;
(b) Choose to not fully participate in the WorkFirst program (see WAC 388-310-0400); and
(c) Have not used up your lifetime twelve-month infant exemption.
(2) If I choose my infant exemption, can I still be required to participate in the WorkFirst program?
You are required to participate up to twenty hours per week in parenting education or parent skills training, mental health and/or chemical dependency treatment if:
(a) The comprehensive evaluation or assessment indicates a need; and
(b) Services are available in your community.
(3) Can I volunteer to participate in WorkFirst while I have a child under one?
You may choose to fully participate in WorkFirst (see WAC 388-310-0400) while you have a child under one year of age. If you decide later to stop participating and you still qualify for an exemption, you will be put back into exempt status with no financial penalty provided you meet conditions (1) and (2) above.
(4) Does an infant exemption from participation affect my sixty-month time limit for receiving TANF or SFA benefits?
Even if you are exempt from participation, each month you receive a TANF/SFA grant counts toward your sixty-month limit (see WAC 388-484-0005).
AMENDATORY SECTION (Amending WSR 08-02-055, filed 12/28/07, effective 2/1/08)
WAC 388-310-1450 Pregnancy to employment.
(1) How do I know if I am eligible to participate in pregnancy to employment?
If you are on TANF/SFA and are pregnant or have a child under the age of one year, you are a participant in the pregnancy to employment pathway.
(2) What services are provided to the pregnancy to employment pathway?
(a) The pregnancy to employment pathway provides you with services, when available in your community, to help you learn how to work, look for work, or prepare for work while still meeting your child's needs. You and your case manager or social worker will decide which variety of services you need such as:
(i) Parenting education or parenting skills training;
(ii) Safe and appropriate child care;
(iii) Mental health treatment;
(iv) Chemical dependency treatment;
(v) Domestic violence services; or
(vi) Employment services.
(b) The case manager or social worker will contact you every three months to offer you services if you are not required to participate and choose to claim the infant exemption.
(3) What am I required to do while I am in the pregnancy to employment pathway?
You must participate in an assessment with a DSHS social worker and based on the results you will:
(a) Work with your case manager/social worker to decide which required activities best meet your needs. These activities will depend on where you are in the pregnancy or the age of your child and will be added to your individual responsibility plan (IRP).
(b) Be required to participate in the activities identified in your IRP.
(4) What am I required to do while I am pregnant?
Based upon the results of your assessment, your participation:
(a) During your first and second trimester of pregnancy will be full-time work, looking for work, or preparing for work unless you have a good reason to participate fewer hours (see WAC 388-310-1600).
(b) During your third trimester of pregnancy will be up to twenty hours per week in parenting education or parenting skills training, mental health and/or chemical dependency treatment if:
(i) The comprehensive evaluation or assessment indicates a need; and
(ii) Services are available in your community.
(5) What am I required to do after my child is born?
After the birth of your child, you may choose to take the infant exemption (See WAC 388-310-0300) or volunteer to participate in WorkFirst activities to the fullest of your abilities (see WAC 388-310-0400).
(6) What if I have used my twelve-month lifetime infant exemption?
If you have another child after using all twelve months of the infant exemption, you will be:
(a) Eligible for a twelve-week postpartum deferral period to personally take care of an infant less than twelve weeks of age. During the twelve-week postpartum deferral period, you will be required to participate up to twenty hours per week in mental health and/or chemical dependency treatment if the comprehensive evaluation or assessment indicates a need and services are available in your community.
(b) Required (unless otherwise exempt or you have good reason to participate fewer hours) to participate full-time, once your child turns twelve-weeks old. Activities in which you are required to participate include one or more of the following:
(i) Work;
(ii) Looking for work; or
(iii) Preparing for work by participating in a combination of activities based upon the results of your assessment.
(7) Will I be sanctioned if I refuse to participate?
(a) You are required to participate in the WorkFirst program (see WAC 388-310-0200) subject to sanction (see WAC 388-310-1600) unless you have good reason and you:
(i) Are in your third trimester of pregnancy; or
(ii) Have not used up your twelve-month lifetime infant exemption and have a child under the age of one year; or
(iii) Have used up your twelve-month lifetime infant exemption and have a child under twelve weeks.
(b) You may be sanctioned if you stop participating in required parenting education or parenting skills training, mental health and/or chemical dependency treatment even if you are in your third trimester, claiming the infant exemption, or using a twelve-week postpartum deferral period.
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