WSR 18-21-176
(Economic Services Administration)
[Filed October 23, 2018, 11:27 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-17-147.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-408-0025 When can I choose who is in my TANF or SFA assistance unit?
Hearing Location(s): On November 27, 2018, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at
Date of Intended Adoption: Not earlier than November 28, 2018.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email, fax 360-664-6185, by 5:00 p.m., November 27, 2018.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email, by November 13, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 388-408-0025 to disregard the relationship between siblings and half-siblings, when the adult applying for a child-only grant has no legal responsibility for the child(ren).
Reasons Supporting Proposal: The proposed amendments are necessary to protect the well-being of children living with a relative/caregiver.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Patrick Budde, P.O. Box 45470, Olympia, WA 98504-5470, 360-725-4769.
A school district fiscal impact statement is not required under RCW 28A.305.135.
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, "[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."
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
Is exempt under RCW 34.05.328 (5)(b)(vii).
Explanation of exemptions: Client eligibility.
October 18, 2018
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 05-02-017, filed 12/27/04, effective 1/27/05)
WAC 388-408-0025When can I choose who is in my TANF or SFA assistance unit?
If you are a child's parent or other caretaker relative (a relative who cares for the child's basic needs as defined in WAC 388-454-0010), use the table below to find who you may choose to include or exclude in your TANF or SFA AU. If you include a child in your AU, it could cause you to get more or less benefits. If someone is not allowed in the AU under WAC 388-408-0020, you cannot choose to include them in your TANF or SFA AU.
(1) If you are the parent of the child, you may choose whether or not to include:
(a) Yourself in the AU if the child gets SSI; and
(b) The child in the AU if:
(i) You already receive TANF or SFA;
(ii) You are not married to the child's other parent; and
(iii) The child lives with both parents.
(2) If you are not the child's parent, and do not live with the parents of the child, you may choose to:
(a) Include yourself if you are a relative defined in WAC 388-454-0010;
(b) Include someone else that cares for the child and is a relative defined in WAC 388-454-0010; or
(c) Receive a grant for the child only and:
(i) Exclude a full, half, or adoptive sibling if that sibling:
(A) Receives income; or
(B) Would otherwise cause the household to be ineligible, with the exception of noncompliance sanction.
(3) If you are the child's parent or caretaker relative, you may choose whether or not to include any of the following children:
(a) Brothers or sisters of a child who gets SSI;
(b) Stepsisters and stepbrothers of a child; and
(c) Other children that are not the child's brother or sister.