PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-22-056.
Title of Rule: WAC 388-408-0010 Assistance units for general assistance programs, 388-408-0015 Mandatory TANF and SFA assistance unit members, 388-462-0005 Pregnancy requirements for GA-S, 388-462-0010 Pregnancy requirements for TANF and SFA, and 388-462-0020 Post adoption cash benefit.
Purpose: The purpose in amending, adding and repealing these rules is to make federal TANF funds available to pregnant women and to phase out the general assistance for pregnant women (GA-S) program. Under RCW 74.04.055 and 74.04.057 the state must make available any federal funds for assistance programs. With the passage of Public Law 104-193 there is no longer a requirement under federal law for a pregnant woman with no other eligible child to be in her third trimester to qualify for temporary aid to needy families (TANF).
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090.
Statute Being Implemented: 42 U.S.C. 608 (a)(1) and RCW 74.04.005(6).
Summary: WAC 388-462-0005 is being repealed. WAC 388-462-0010 is being amended to eliminate the requirement that pregnant women must be in their 3rd trimester and deprivation to exist to be considered eligible for TANF or SFA. WAC 388-462-0020 is a new WAC that describes the criteria for a pregnant woman who relinquishes her only TANF or SFA eligible child for adoption to receive short post-adoption cash benefits. WAC 388-408-0010 is being amended to delete the reference to general assistance for pregnant women (GA-S) and the requirement for a husband and wife to be one assistance unit when the husband is incapacitated and his pregnant wife is not eligible for TANF. WAC 388-408-0015 eliminates reference to 3rd trimester requirement in description of TANF/SFA assistance unit.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Dennis Vercillo, LGC, 1009 College Street S.E., Lacey, WA 98503, (360) 413-3093.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Eliminate the 3rd trimester and deprivation requirement for pregnant women to qualify for TANF or SFA. Repeal WAC 388-462-0005 and add 388-462-0020.
Proposal Changes the Following Existing Rules: WAC 388-462-0005, repealed.
WAC 388-462-0010, eliminates the requirement that pregnant women must be in their 3rd trimester to be considered eligible for TANF or SFA. In addition, deprivation is no longer a requirement for pregnant women.
WAC 388-408-0010, deletes reference to general assistance for pregnant women (GA-S) and the requirement for a husband and wife to be one assistance unit when the husband is incapacitated and his pregnant wife is not eligible for TANF.
WAC 388-408-0015, eliminates reference to 3rd trimester requirement in description of TANF/SFA assistance units.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Does not have an economic impact on small business
RCW 34.05.328 applies to this rule adoption. These rules do meet the definition of a significant legislative rule. However, RCW 34.05.328 (5)(b)(vii) exempts the Department of Social and Health Services rules that apply to client medical or financial eligibility.
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on June 8, 1999, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Paige Wall by May 25, 1999, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 902-8292, by June 8, 1999.
Date of Intended Adoption: July 1, 1999.
April 30, 1999
Marie Myerchin-Redifer, Manager
Rules and Policy Assistance Unit
2565.2((A woman who is not a caretaker relative of a TANF or SFA eligible child
may be eligible for TANF or SFA if:))
(1) ((She is in the third trimester of pregnancy (the three calendar months preceding the
expected month of birth) as medically verified; and)) If you are already receiving TANF or SFA
benefits, your pregnancy will not change your eligibility or benefit level.
(2) ((The unborn, if born and living with the woman in the month of payment, would be
deprived of parental support and care as defined in chapter 388-430 WAC)) If you are not
currently receiving TANF or SFA benefits, you may be eligible for these benefits if your
pregnancy and expected date of delivery has been verified by a licensed medical practitioner.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-462-0010, filed 7/31/98, effective 9/1/98.]
(1) Under RCW 74.04.005 (6)(g) recipients of TANF or SFA who lose their eligibility solely because of the birth and relinquishment of the qualifying child may receive general assistance through the end of the month in which the period of six weeks following the birth of the child falls.
(2) The department will consider income and resources when determining eligibility and benefit amount for post adoption cash benefit in the same manner as TANF. Refer to chapters 388-450, 388-470, and 388-488 WAC.
(3) To receive the post adoption cash benefit, a client must have been receiving TANF or SFA in Washington state.
[]
The following section of the Washington Administrative Code is repealed:
| WAC 388-462-0005 | Pregnancy requirement for GA-S. |
(1) ((A GA-S
assistance unit includes only the pregnant woman.
(2))) A GA-U assistance unit includes:
(a) An incapacitated adult; or
(b) A married couple if both persons are incapacitated and living together.
(((3) A married couple living together must be included in a single assistance unit when:
(a) The husband is incapacitated; and
(b) The wife is pregnant and not eligible for TANF.
(4))) (2) A GA-H assistance unit includes only the child or children eligible for GA-H.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-408-0010, filed 7/31/98, effective 9/1/98.]
(((1) A TANF assistance unit includes only a woman in her third trimester of pregnancy if there
is no other eligible child in the home.
(2))) The department must include in a TANF((, SFA)) or ((combined TANF/))SFA
assistance ((unit must include the following)) unit certain persons((, if)) who are living together,
unless ((the)) those person(s) must be excluded under WAC 388-408-0020 or ((is)) are excluded
at the option of the family under WAC 388-408-0025. An assistance unit for TANF or SFA
benefits or combination of TANF and SFA benefits must include the following:
(((a))) (1) The child for whom assistance is requested and:
(a) That child's full, half or adoptive sibling(s);
(b) ((Any)) The natural or adoptive parent(s) or stepparent ((of any child who is included
in the assistance unit)) (s); and
(c) ((Any)) The parent(s) of a pregnant ((minor)) or parenting minor ((parent)) who
claims to be ((the needy caretaker relative of)) in need and is providing the primary care for the:
(i) ((The)) Pregnant minor ((or minor parent));
(ii) ((The)) Minor parent;
(iii) Minor parent's child; or
(((iii) The pregnant minor or minor parent's))
(iv) Full, half or adoptive sibling(s) of a pregnant minor or minor parent.
(2) A pregnant woman if there is no TANF or SFA eligible child in the home.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-408-0015, filed 7/31/98, effective 9/1/98.]