EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Date of Adoption: September 25, 2001.
Purpose: This WAC requires background checks for adults applying for public assistance for children who are not related to them. It is essential to the well being and safety of children to keep this WAC in effect until the process of review and comment by stakeholders is completed. WAC 388-454-0006 was adopted as an emergency rule on February 27, 2001, under WSR 01-06-025 and extended on June 29, 2001, under WSR 01-14-058.
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 unrelated adult acting in place of a parent were 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.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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:
October 27, 2001.
September 25, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
2915.5(a) Is not related to you; and
(b) Lives with you but you do not have a court order that gives you legal custody of the child.
(2) A child who is not related to you cannot receive TANF/SFA benefits while living with you until we have completed a background check and the results of the background check meet the criteria in subsection (3) through (5).
(3) A child who is not related to you cannot receive benefits while living with you if:
(a) You have been convicted of a crime listed in WAC 388-06-0170; or
(b) You have been convicted of a crime listed in WAC 388-06-0180 within the last five years.
(4) We review your background when you have been convicted of a crime listed in WAC 388-06-0180 more than five years ago to determine your character, suitability, and competence to receive benefits for a child not related to you. We consider the following factors:
(a) The amount of time that has passed since you were convicted;
(b) The seriousness of the crime that led to the conviction;
(c) The number and types of convictions in your background; and
(d) Your age at the time of the conviction.
(5) When you have a conviction for a crime other than those listed in WAC 388-06-0170 or 388-006-0180 we review your background as described in subsection (4) above.
(6) Expunged or sealed conviction records do not count against you.
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