PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Division of Assistance Programs)
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-11-182.
Title of Rule: WAC 388-400-0015 General assistance for children -- Summary of eligibility requirements, 388-408-0005 Definition of assistance unit for cash assistance programs, 388-408-0010 Assistance units for general assistance, 388-408-0015 Assistance units for temporary assistance for needy families (TANF) or state family assistance (SFA), 388-408-0020 Who is excluded from TANF or SFA assistance units?, 388-408-0025 Optional TANF or SFA assistance unit members, 388-408-0030 Consolidation of TANF or SFA assistance units, 388-400-0005 Who is eligible for temporary assistance for needy families?, 388-404-0005 How does a child's age affect their eligibility for TANF, SFA or GA-H?, 388-454-0005 Living in the home of a relative or guardian requirement for TANF, SFA and GA-H, and 388-454-0010 Definition of a parent or other relative for TANF or SFA.
Purpose: Amend multiple sections of WAC to eliminate the general assistance for children (GA-H) program and serve children that live with court-ordered guardians or court-ordered custodians under the temporary assistance for needy families (TANF) program.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, EHB 2487 as passed by the 56th legislature of the state of Washington.
Statute Being Implemented: RCW 74.04.050, 74.04.057.
Summary: Repeal WAC 388-400-0015. Amend the following WAC to eliminate the GA-H program and serve children living with court-ordered guardians or court-ordered custodians under TANF: WAC 388-408-0005, 388-408-0010, 388-408-0015, 388-408-0020, 388-408-0025, 388-408-0030, 388-400-0005, 388-404-0005, 388-454-0005, and 388-454-0010.
Reasons Supporting Proposal: EHB 2487 as passed by the 56th legislature of the state of Washington requires the department to use federal TANF dollars to pay for benefits to children living with court-ordered guardians or court-ordered custodians.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, Division of Assistance Programs, P.O. Box 45480, Olympia, WA 98504-5480, (360) 413-3232.
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: WAC 388-400-0015 General assistance for children -- Summary of eligibility requirements, 388-408-0005 Definition of assistance unit for cash assistance programs, 388-408-0010 Assistance units for general assistance, 388-408-0015 Assistance units for temporary assistance for needy families (TANF) or state family assistance (SFA), 388-408-0020 Who is excluded from TANF of SFA assistance units?, 388-408-0025 Optional TANF or SFA assistance unit members, 388-408-0030 Consolidation of TANF or SFA assistance units, 388-400-0005 Who is eligible for temporary assistance for needy families?, 388-404-0005 How does a child's age affect their eligibility for TANF, SFA or GA-H?, 388-454-0005 Living in the home of a relative or guardian requirement for TANF, SFA and GA-H, and 388-454-0010 Definition of a parent or other relative for TANF or SFA.
Proposal Changes the Following Existing Rules: This rule change eliminates the general assistance for children (GA-H) program for children living with court-ordered guardians and court-ordered custodians and serves them under the temporary assistance for needy families (TANF) program.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes as a result of this rule do not affect small businesses.
RCW 34.05.328 does not apply to this rule adoption. This rule does not meet the definition of significant legislative change. RCW 34.05.328 (5)(b)(vii) exempts DSHS rules that [apply] only to client medical or financial eligibility.
Hearing Location: Blake Office Park (East), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on January 9, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kelly Cooper by January 2, 2001, phone (360) 902-7540, TTY (360) 902-8324, e-mail CoopeKD@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 902-8292, by January 9, 2001.
Date of Intended Adoption: No earlier than January 10, 2001.
November 28, 2000
Marie Myerchin-Redifer
Manager
2887.3(a) "We" means the department of social and health services.
(b) "You" means a person that is applying for or getting benefits from the department.
(c) "Assistance unit" or "AU" is the group of people who live together and whose income or resources we count to decide your eligibility for benefits and the amount of benefits you get.
(2) For GA-U, we decide who is in the AU under WAC 388-480-0010.
(3) For TANF or SFA, we decide who is in the AU by taking the following steps:
(a) We start with who must be in the AU under WAC 388-408-0015;
(b) We add those you choose to have in the AU under WAC 388-408-0025; and
(c) We remove those who are not allowed in the AU under WAC 388-408-0020.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-408-0005, filed 7/31/98, effective 9/1/98.]
(a) An incapacitated adult; or
(b) A married couple if both persons are incapacitated and living together.
(2) A GA-H assistance unit includes only the child or children eligible for GA-H (see WAC 388-400-0015))) AU;
(2) If you are married and live with your spouse, we decide who to include in the AU based on who is incapacitated:
(a) If you are both incapacitated as defined in WAC 388-448-0001, we include both of you in the same AU.
(b) If only one spouse is incapacitated, we include only the incapacitated spouse in the AU. We count some of the income of the spouse that is not in the AU as income to the AU under WAC 388-450-0135.
[Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 99-14-045, § 388-408-0010, filed 6/30/99, effective 8/1/99. 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) The child you are applying for ((whom assistance is
requested)) and:
(a) ((That)) The child's full, half or adoptive sibling(s);
(b) The child's natural or adoptive parent(s) or stepparent(s); and
(c) ((The parent(s) of)) If you are a pregnant ((or
parenting)) minor or minor who ((claims to be in need and is
providing the primary care for the)) is a parent and you live
with your parent(s), we include your parent(s) if they:
(i) ((Pregnant minor;
(ii) Minor parent;
(iii) Minor parent's child; or
(iv) Full, half or adoptive sibling(s) of a pregnant or parenting minor)) Need assistance; and
(ii) Provide the primary care for you, your child, or your siblings. We count full, half, or adoptive siblings as your sibling.
(2) ((A pregnant woman if there is no TANF or SFA eligible
child in the home)) If you are pregnant and you do not have a
dependent child living with you, we include only you in the AU.
[Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 99-14-045, § 388-408-0015, filed 6/30/99, effective 8/1/99. 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.]
(1) ((For the purpose of this section, "excluded" means that
you will not be included when the department counts the number of
people in the assistance unit to determine the payment standard
for that assistance unit.
(2) This section describes the reasons why the department may exclude you from the TANF or SFA assistance unit.
(a) The department cannot exclude you from TANF or SFA assistance unit if the only reason you want to be excluded is that your income or resources make the assistance unit ineligible or reduces the amount of assistance it can receive.
(b) If the department excludes you from the TANF or SFA assistance unit, we will not count your income unless you are financially responsible for a member of the assistance unit. The rules for determining who is financially responsible and how the department counts their income and resources are WAC 388-450-0095 through 388-450-0130.
(3) The department will exclude you from an assistance unit if you are:
(a) An adopted child who:
(i) Receives federal, state or local adoption assistance; and
(ii) Including you in the assistance unit would reduce the assistance unit's grant due to budgeting the adoption assistance income.
(b) A minor parent or child who has been placed in Title IV-E, state, or locally funded foster care except for temporary absences allowed for under WAC 388-454-0015;
(c) An adult parent in a two-parent household when:
(i) The other parent is unmarried and under the age of eighteen; and
(ii) The department determines the living arrangement is not appropriate under WAC 388-486-0005.
(d) A recipient of SSI benefits.
(e) Not included in the assistance unit at the option of your family as allowed under WAC 388-450-0025; or
(f) Ineligible for TANF or SFA because you do not meet an eligibility requirement that is not related to your ownership of income or resources:
(i) Eligibility requirements for TANF are listed in WAC 388-400-0005.
(ii) Eligibility requirements for SFA are listed in WAC 388-400-0010)) We do not include the following people in your TANF or SFA AU:
(a) An adopted child if:
(i) The child gets federal, state, or local adoption assistance; and
(ii) Including the child in the AU and counting the adoption assistance income would reduce your AU's benefits.
(b) A minor parent or child who has been placed in Title IV-E, state, or locally-funded foster care unless the placement is a temporary absence under WAC 388-454-0015;
(c) An adult parent in a two-parent household when:
(i) The other parent is unmarried and under the age of eighteen; and
(ii) We decide that your living arrangement is not appropriate under WAC 388-486-0005.
(d) A court-ordered guardian or court-ordered custodian if they are not a relative of one of the children in the AU as defined under WAC 388-454-0010; or
(e) Someone who gets SSI benefits.
(2) If someone that lives with you cannot be in the AU:
(a) We do not count them as a member of the AU when we determine the AU's payment standard; and
(b) We do not count their income unless they are financially responsible for a member of the AU under WAC 388-450-0095 through 388-450-0130.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.510. 00-05-007, § 388-408-0020, filed 2/4/00, effective 3/6/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-408-0020, filed 7/31/98, effective 9/1/98.]
(1) One nonparental caretaker relative as defined in WAC 388-454-0010 if a parent of a child in the assistance unit does not reside in the home;
(2) The step siblings of a child included in the assistance unit;
(3) Children who are not siblings of a child included in the assistance unit;
(4) The siblings of a child receiving SSI;
(5) Any parent of a child receiving SSI;
(6) One nonparental relative of specified degree of a child receiving SSI if the child's parent or parents are not living in the home;
(7) One nonparental relative of specified degree of a child in the home receiving foster care; and
(8) For recipient assistance units, the child of unmarried parents when the child is living with both parents)) If you are a child's caretaker relative (a relative who cares for the child's basic needs), 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 include either: | (a) Yourself if you are a relative
defined in WAC 388-454-0010; or (b) Someone else that cares for the child and is a relative defined in WAC 388-454-0010. |
| (3) 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. |
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-408-0025, filed 7/31/98, effective 9/1/98.]
(2) Children do not have to be full, half, or adopted brothers or sisters to be included in the same assistance unit.
(3) When a change of circumstances occurs which makes one or more assistance unit members ineligible for cash assistance, assistance is continued for all assistance unit members who remain eligible)) A child who applies for or gets TANF or SFA must be in the same AU as other children who get TANF or SFA and live with the same:
(1) Caretaker relative; or
(2) Court-ordered guardian or court-ordered custodian.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-408-0030, filed 7/31/98, effective 9/1/98.]
2888.2 (a) Can be ((included)) in a TANF/SFA assistance unit as
((defined in)) allowed under WAC 388-408-0015 through
388-408-0030;
(b) Meet the citizenship/alien status requirements of WAC 388-424-0005;
(c) ((Reside)) Live in the state of Washington((, or, if you
are)). A child((,)) must live with a caretaker relative,
guardian, or custodian who meets the state residency requirements
of WAC 388-468-0005;
(d) ((Are in financial need as specified under chapters
388-450, 388-470 and 388-488 WAC;
(e) Assign your rights to child support and cooperate in establishing paternity and collecting child support as required under WAC 388-422-0005 through 388-422-0030;
(f) Provide)) Do not live in a public institution unless specifically allowed under RCW 74.08.025;
(e) Meet TANF/SFA:
(i) Income requirements under chapter 388-450 WAC;
(ii) Resource requirements under chapter 388-470 WAC; and
(iii) Transfer of property requirements under chapter 388-488 WAC.
(f) Assign your rights to child support as required under WAC 388-422-0005;
(g) Cooperate with the division of child support (DCS) as required under WAC 388-422-0010 by helping them:
(i) Prove who is the father of children applying for or getting TANF or SFA; and
(ii) Collect child support.
(h) Tell us your Social Security number as required under WAC 388-476-0005;
(((g))) (i) Cooperate in a review of your eligibility as
required under WAC 388-434-0005;
(((h))) (j) Cooperate in a quality assurance review as
required under WAC 388-464-0001;
(((i))) (k) Participate in the WorkFirst program as required
under chapter 388-310 WAC; and
(((j))) (l) Report changes of circumstances as required
under WAC 388-418-0005((;
(k) Meet the requirements of WAC 388-462-0010, if you are pregnant; and
(l) Meet the living arrangement and school attendance requirements of WAC 388-486-0005 and 388-486-0010, if you are an unmarried pregnant and parenting teen)).
(2) If you are an adult and do not have a child living with you, you must be pregnant and meet the requirements of WAC 388-462-0010.
(3) If you are an unmarried pregnant teen or teen parent:
(a) Your living arrangements must meet the requirements of WAC 388-486-0005; and
(b) You must attend school as required under WAC 388-486-0010.
(4) In addition to rules listed in subsection (1) of this section, a child must meet the following rules to get TANF:
(a) Meet the age requirements under WAC 388-404-0005; and
(b) Live in the home of a relative, court-ordered guardian, or court-ordered custodian as required under WAC 388-454-0005; or
(c) If ((living)) the child lives with a parent((, that
parent cannot have exhausted)) or other adult relative that
provides care for the child, that adult cannot have used up their
sixty-month lifetime limit of TANF or SFA cash benefits as
defined in WAC 388-484-0005.
(((3))) (5) You cannot get TANF if you have been:
(a) Convicted of certain felonies and other crimes ((as
specified in)) under WAC 388-442-0010; ((and)) or
(b) Convicted of unlawful practices ((in obtaining)) to get
public assistance ((as specified in)) under WAC 388-446-0005
((and)) or 388-446-0010.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.510. 00-05-007, § 388-400-0005, filed 2/4/00, effective 3/6/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-400-0005, filed 7/31/98, effective 9/1/98.]
2889.2(a) Under age eighteen; or
(b) Under age nineteen, and participating full-time in a
secondary ((education)) school program or the ((equivalent)) same
level of vocational or technical training.
(i) "Participating" means the educational or training
institution ((has determined)) finds that the child:
(A) Meets the ((child's)) school's attendance ((is
satisfactory)) requirements; and
(B) ((The child)) Is making acceptable progress ((toward
completing)) in finishing the program.
(ii) (("Full-time" attendance and course load requirements
are defined by the educational or training institution)) The
educational or training institution sets the definition of
"full-time" attendance and the number of classes a child must
take.
(iii) A secondary education includes high school, a GED program, and state-approved home schools.
(2) ((A)) If a child age eighteen or older has already met
the requirements to finish the educational program, the child is
no longer eligible for TANF or SFA.
(3) If the child ((who)) does not qualify for assistance
under subsection (1) of this section, they may qualify for SFA if
the child is under age twenty-one((,)) and:
(a) ((Receiving a special)) Get an education due to their
disability as ((specified)) stated in RCW 28A.155.020; or
(b) ((Participating)) Participate full-time in a secondary
education program or ((the equivalent)) an equal level of
vocational training as defined in (1)(b) above.
(((3) Children who receive SFA under WAC 388-404-0005 and
who are nineteen years of age or older))
(4) If a child that gets SFA is age nineteen or over, they are not eligible for family medical or SFA-related medical.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.510. 00-05-007, § 388-404-0005, filed 2/4/00, effective 3/6/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-404-0005, filed 7/31/98, effective 9/1/98.]
2890.2(a) Parent or other relative as defined in WAC 388-454-0010; or
(b) Court-ordered guardian or court-ordered custodian.
(2) ((To be eligible for GA-H, a child must be living in the
home of a person who is:
(a) A court-appointed legal guardian or court-appointed custodian; and
(b) Not a relative as defined in the TANF program)) If a child lives with more than one relative or parent because the relatives share custody of the child:
(a) We include the child in the assistance unit (AU) of the parent or relative that the child lives with for the majority of the time; or
(b) If relatives share physical custody of the child in equal amounts, we include the child in the AU of the parent or relative that first applies for assistance for the child.
(3) ((A home is defined as a family setting that is being
maintained or is in the process of being established. A family
setting exists when the relative or guardian assumes and
continues to be responsible for the day to day care and control
of the child. A family setting exists when a family is living in
temporary shelter or has no shelter.
(4) A child or caretaker temporarily absent from the home remains eligible for assistance under the conditions described in WAC 388-454-0015 and 388-454-0020)) If you or the child in your AU is temporarily absent from the home according to WAC 388-454-0015 and 388-454-0020, you can still get TANF or SFA during the absence.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-454-0005, filed 7/31/98, effective 9/1/98.]
(1) A child's parent is the child's natural or adoptive parent or a step-parent who is legally obligated to support the child.
(2) A man is condsidered to be)) To get TANF or SFA, a child must live with a parent, other relative, court-ordered guardian, or court-ordered custodian.
(1) We consider the following people as parents for TANF and SFA:
(a) The child's natural or adoptive parent; or
(b) A stepparent who is legally obligated to support the child.
(2) We consider a man as a child's natural father if the relationship is:
(a) ((Established)) Made under a judgment or order
((determining the parent and child relationship entered)) under
RCW 26.26.130 that set the relationship between the parent and
child; or
(b) Presumed under the Uniform Parentage Act (RCW 26.26.040).
(3) ((Nonparental relatives include)) When a child lives
with a relative, the relative must be one of the following
relationships to the child in order for that child to be eligible
for TANF or SFA:
(a) The following blood relatives (including ((those))
relatives of half blood) or their spouses: siblings, first
cousins (including first cousins once removed), nephews and
nieces, and persons of ((preceding)) earlier generations
(including aunts, uncles and grandparents) as ((denoted)) shown
by the prefixes of great, great-great, or great-great-great;
(b) A natural parent whose parental rights ((have been))
were terminated by a court order;
(c) A stepparent ((whose obligation)) who no longer has to
support the child ((has been terminated by the death of))
because:
(i) The child's natural or adoptive parent ((or the entry of
a court order; and)) died; or
(ii) Divorce or dissolution ended the marriage between the stepparent and the child's natural or adoptive parent.
(d) A step sibling even ((though)) if the marriage ((of))
between the step sibling's parent ((to)) and the child's natural
or adoptive parent ((is terminated)) ended by death, divorce or
dissolution.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-454-0010, filed 7/31/98, effective 9/1/98.]
2859.1 The following section of the Washington Administrative Code is repealed:
| WAC 388-400-0015 | General assistance for children--Summary of eligibility requirements. |