WSR 01-14-058

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Assistance Programs)

[ Filed June 29, 2001, 3:58 p.m. ]

     Date of Adoption: June 29, 2001.

     Purpose: Extend the period of time WAC 388-454-0006 is effective to allow stakeholders time to review and comment on possible requirements of adults acting in loco parentis. WAC 388-454-0006 was adopted as an emergency rule on February 27, 2001, under WSR 01-06-025.

     Statutory Authority for Adoption: RCW 74.04.050, 74.12.290.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: DSHS has a responsibility to ensure the safety of the children it serves. Effective March 1, 2001, children who live with an adult who is acting in loco parentis (as a parent) will be eligible for TANF benefits. Since the child has no blood relationship to the adult and the adult does not have court-ordered custody, DSHS must take additional steps to ensure that children are not put at risk when they live with an unrelated adult.

     This filing will continue WAC 388-454-0006 that is currently in effect.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
     Effective Date of Rule: Immediately.

June 29, 2001

Brian H. Lindgren

for Bonita H. Jacques, Chief

Office of Legal Affairs

2915.3
NEW SECTION
WAC 388-454-0006   The department makes background checks on adults who are acting in loco parentis without court-ordered custody.   (1) If you ask for TANF or SFA benefits for an unrelated child living with you and you do not have a court order that gives you custody, the department will check your background.

     (2) The child cannot receive benefits while they live with you if you do not meet the requirements for an in-home/relative child care provider under chapter 388-290 WAC.

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