SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed June 1, 2026, 1:52 p.m.]

Preproposal statement of inquiry was filed as WSR 26-03-030.

Title of Rule and Other Identifying Information: The department of social and health services (DSHS) is proposing to amend WAC 388-400-0010 Who is eligible for state family assistance?, and 388-493-0010 Working family support.

Hearing Location(s): On July 7, 2026, at 10:00 a.m., virtually via Teams or call in. See the DSHS website at https://www.dshs.wa.gov/sesa/rpau/proposed-rules-and-public-hearings for the most current information.

Date of Intended Adoption: No earlier than July 8, 2026.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, beginning noon on June 3, 2026, by July 7, 2026, at 5:00 p.m.

Assistance for Persons with Disabilities: Contact Shelley Tencza, rules consultant, phone 360-664-6036, TTY 711 relay service, email shelley.tencza@dshs.wa.gov, by June 23, 2026, at 5:00 p.m.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These amendments will update the state family assistance and working family support programs to support compliance with federal program requirements and the state operating budget. As applicable, these amendments will make additional changes required to improve clarity, update policy, or better align rule language with state and federal law or regulations.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.820, 74.08.090, 74.08A.120, and 74.09.035.

Statute Being Implemented: Operating budget, ESSB 5998 (chapter 268, Laws of 2026).

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: Sarah Garcia, P.O. Box 45470, Olympia, WA 98504, 360-522-2214.

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. These rules are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which in part states, "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."

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: H.R. 3746, Fiscal Responsibility Act of 2023.

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 19.85.025(4).

Is exempt under RCW 34.05.328 (5)(b)(vii).

Explanation of exemptions: The proposed amendments will only impact DSHS clients. They do not impact small business.

Scope of exemption for rule proposal:

Katherine I. Vasquez

AMENDATORY SECTION(Amending WSR 22-02-014, filed 12/27/21, effective 2/1/22)

WAC 388-400-0010Who is eligible for state family assistance?

(1) To be eligible for state family assistance (SFA), applicants must meet Washington state residency requirements as listed in WAC 388-468-0005 and immigrant eligibility requirements as listed in WAC 388-424-0015.

(2) You are eligible for SFA if you are not eligible for temporary assistance for needy families (TANF) for the following reasons:

(a) You are a qualified alien and have been in the United States for less than five years as described in WAC 388-424-0006;

(b) You are a nonqualified alien as defined in WAC 388-424-0001, who meets the Washington state residency requirements as listed in WAC 388-468-0005;

(d) You are a caretaker relative of a 19 or 20 year old student that meets the education requirements of WAC 388-404-0005;

(e) You are a pregnant woman who has been convicted of misrepresenting their residence in order to receive benefits from two or more states at the same time; or

(f) You do not meet citizenship or immigration status requirements in WAC 388-424-0010 and you are a survivor of certain crimes as defined in WAC 388-424-0001(4).

(3) You and the other TANF eligible members of your assistance unit may receive, at the department's discretion, SFA rather than TANF if:

(a) You are otherwise eligible for TANF as a parent; and

(b) Another parent in your assistance unit is eligible for TANF or SFA((; and

(i) You or the other parent in your assistance unit is pregnant; or

(ii) Your assistance unit includes a child under 12 months of age)).

(4) If you apply for SFA, have not received SFA within the past 30 days, and will be a mandatory WorkFirst participant as described in WAC 388-310-0200 once approved, you must complete a WorkFirst orientation before ((we approve))the department approves your application.

AMENDATORY SECTION(Amending WSR 22-19-095, filed 9/21/22, effective 10/22/22)

WAC 388-493-0010Working family support.

(1) What is the working family support (WFS) program?

((The working family support program))WFS is administered by the department of social and health services (((department))) and provides an additional monthly food benefit to low income families who meet specific criteria. Continuance of the program is contingent on specific legislative funding for ((the working family support program))WFS.

(2) The following definitions apply to this program:

(a) "Single-parent" refers to an adult household member with qualifying children in the home and no spouse or co-parent within the home.

(b) "Co-parent" means another adult in your home who is related to your qualifying child through marriage, birth, or adoption.

(((b)))(c) "Qualifying child" means a child under the age of 18 who is:

(i) Your child through birth or adoption; or

(ii) Your step-child.

(c) "Work" means subsidized or unsubsidized employment or self-employment. To determine self-employment hours, we divide your net self-employment income by the federal minimum wage.

(3) Who is eligible for ((the working family support program))WFS?

You may be eligible for ((working family support food assistance))WFS if you meet all of the following:

(a) You receive food assistance through basic food, food assistance program for legal immigrants (FAP), or transitional food assistance (TFA);

(b) Receipt of ((working family support food assistance))WFS would not cause your countable food assistance income to exceed the 200 percent federal poverty level (FPL);

(c) No one in your food assistance unit receives temporary assistance for needy families (TANF) or state family assistance (SFA);

(d) You are a single parent;

(e) A qualifying child lives in your home;

(((e)))(f) You((, your spouse, or co-parent)) work a minimum of ((35))30 hours a week((, and if you live with your spouse or co-parent, you must be in the same assistance unit));

(((f)))(g) You provide proof of the number of hours worked; and

(((g)))(h) You reside in Washington state as required under WAC 388-468-0005.

(4) How may I apply for ((working family support))WFS?

(a) The department will review your eligibility for ((the working family support program))WFS:

(i) When you apply for food assistance, or

(ii) At the time of your food assistance eligibility review.

(b) You may request ((the working family support benefit))WFS in person, in writing, or by phone at any time.

(5) How long may I receive ((working family support))WFS?

(a) You may recertify up to an additional six months for ((working family support))WFS if you meet the criteria listed in subsection (3) of this section and provide current proof that you((, your spouse, or co-parent works))work a minimum of ((35))30 hours a week.

(b) ((Working family support))WFS certification ends when:

(i) You complete either a certification or mid-certification review for food assistance under WAC 388-434-0010 or 388-418-0011, and you do not provide proof of the number of hours that you((, your spouse, or your co-parent)) work;

(ii) You no longer receive basic food, FAP, or TFA;

(iii) You receive TANF or SFA;

(iv) Your spouse or the co-parent of your child moves into the home;

(v) You ((do not))no longer have a qualifying child in your home;

(((v)))(vi) You((, your spouse, or co-parent)) no longer work a minimum of ((35))30 hours a week; or

(((vi)))(vii) You are no longer a resident of Washington state.

(6) What benefits will I receive if I am eligible for ((the working family support program))WFS?

(a) The assistance unit will receive a separate (($10))$35 monthly food assistance benefit each month.

(b) ((Working family support))WFS benefits are not prorated.

(7) ((Enrollment in the working family support program is limited to 10,000 households per month))The department may discontinue program benefits issuances during periods of time when state funds appropriated for WFS are exhausted.