Date of Adoption: June 27, 2002.

     Purpose: The Division of Employment and Assistance Programs is adopting these rules to implement the sixty month time limit of TANF/SFA cases and a state law change for protective payees. This action includes adoption of new WAC 388-460-0020 Who is a protective payee?, 388-460-0025 Who can be a protective payee?, 388-460-0030 When is an emergency or temporary protective payee (TANF/SFA) used?, 388-460-0035 When is a protective payee assigned for mismanagement of funds?, 388-460-0040 When is a protective payee assigned to TANF/SFA pregnant or parenting minors?, 388-460-0045 Are clients in WorkFirst sanction status assigned protective payees?, 388-460-0050 When is a client transferred from a protective payee to guardianship?, 388-460-0055 What are the protective payee's responsibilities?, 388-460-0060 When are protective payee plans done?, 388-460-0065 When is the protective payee status ended and how is a protective payee changed?, and 388-460-0070 What are your fair hearing rights regarding protective payees?

     Citation of Existing Rules Affected by this Order: Repealing WAC 388-265-1150, 388-265-1155, 388-265-1200, 388-265-1250, 388-265-1275, 388-265-1300, 388-265-1375, 388-265-1500, 388-265-1600, 388-265-1650 and 388-265-1450; and amending WAC 388-290-0255 and 388-460-0001.

     Statutory Authority for Adoption: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050.

      Adopted under notice filed as WSR 02-09-077 on April 16, 2002 and WSR 02-11-131 on May 21, 2002.

     Changes Other than Editing from Proposed to Adopted Version: As a result of public comments, the proposed rules were revised as follows:

WAC 388-460-0025

•	At subsection (3), added "according to the criteria in" and deleted "per."
•	At subsection (4), added "must pass a criminal background check and."

WAC 388-460-0035

•	At subsection (1)(e), deleted the existing text and replaced with "Persons having had an ADATSA assessment and who are participating in ADATSA-funded chemical dependency treatment;." The change does not affect the effect of the rule.

WAC 388-460-0040

•	First paragraph, added "who are not emancipated under court order."

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.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 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 11, Amended 1, Repealed 11.

     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 11, Amended 2, Repealed 11.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Adoption of WAC 388-290-0055 and 388-460-0035 are necessary by July 1, 2002, to implement the new state law, SHB 2767 (chapter 252, Laws of 2002), establishing a protective payee for clients who use public assistance electronic benefits transfer card or cash obtained through electronic benefits transfer to purchase or pay for lottery tickets, pari-mutuel wagering, or any of the activities authorized under chapter 9.46 RCW. Adoption of other clarification of protective payees responsibilities for managing assistance benefits for department clients is needed to protect the welfare of children of families receiving the new child safety net payment, and to assure that client benefits are not used for gambling or wagering as required by SHB 2767.
     Effective Date of Rule: July 1, 2002.

June 27, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (1) You do not pay your in-home/relative child care provider your copayment and/or the entire amount the department sends you for in-home/relative child care;

     (2) We issued a child care warrant to the correct address and twelve or more working days have passed since the issuance date, and you have not reported the WCCC warrant lost, stolen, or destroyed;

     (3) You have a history of failing to pay your in-home/relative provider(s); or

     (4) You have a protective payee for your TANF grant or for a Child SafetyNet Payment.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0255, filed 12/19/01, effective 1/19/02.]

     (a) A client who is the recipient of the benefits;

     (b) An ineligible parent or other relative ((receiving)) getting benefits on behalf of an eligible child;

     (c) A person, facility, organization, institution or agency acting as a protective payee or representative payee for a client;

     (d) A guardian or agent acting on behalf of a client; or

     (e) A vendor of goods or services supplied to an eligible client.

     (2) When medical coverage accompanies cash assistance, the medical identification (MAID) card for the assistance unit members is issued in the name of the person listed as payee for the cash benefit.

     (3) For other medical assistance units, the MAID card is issued to the person named as the head of the assistance unit.

     (4) Food assistance benefits are issued to the person named as the head of the food assistance unit.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-460-0001, filed 7/31/98, effective 9/1/98.]

     (2) Clients are assigned to protective payees for the following reasons:

     (a) Emergency or temporary situations where a child is left without a caretaker (TANF/SFA) per WAC 388-460-0030;

     (b) Mismanagement of money (TANF/SFA, GA, or WCCC) per WAC 388-460-0035;

     (c) Noncooperation with WorkFirst program requirements per WAC 388-310-1600 or 388-310-1650; or

     (d) Pregnant or parenting minors per WAC 388-460-0040.

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     (2) Protective payees must contract with the department, except for employees of the department who are assigned this function as part of their job duties.

     (3) The contracted protective payee and their staff must pass a criminal background check according to the criteria in WAC 388-06-0170, 388-06-0180 and 388-06-0190.

     (4) A departmental employee acting as a protective payee must pass a criminal background check and cannot:

     (a) Have the client in their caseload,

     (b) Have the client in the caseloads of other employees under their supervision,

     (c) Be responsible for determining or issuing benefits for the client,

     (d) Be the office administrator, or

     (e) Be a special investigator.

     (5) For TANF/SFA, a department employee cannot act as a protective payee when the department has legal custody or responsibility for placement and care of the child.

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     (a) Department employees or others observe that the client or client's children are hungry, ill, or not adequately clothed;

     (b) Repeated requests from the client for extra money for basic essentials such as food, utilities, clothing, and housing;

     (c) A series of evictions or utility shut off notices within the last twelve months;

     (d) Medical or psychological evaluations showing an inability to handle money;

     (e) Persons having had an ADATSA assessment and who are participating in ADATSA-funded chemical dependency treatment;

     (f) Not paying an in home child care provider for services when payment has been issued to the client by the department for that purpose;

     (g) A complaint from businesses showing a pattern of failure to pay bills or rent;

     (h) Using public assistance electronic benefits transfer (EBT) card or cash obtained through EBT to purchase or pay for lottery tickets, pari-mutuel wagering, or any of the activities authorized under chapter 9.46 RCW.

     (2) A lack of money or a temporary shortage of money because of an emergency does not constitute mismanagement.

     (3) When a client has a history of mismanaging money, benefits can be paid through a protective payee or directly to a vendor.

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     (1) Head of a household;

     (2) Under age eighteen;

     (3) Unmarried; and

     (4) Pregnant or have a dependent child.

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     (2) Clients in sanction status remain in protective payee status until they cooperate with WorkFirst and the sanction is removed, as long as they are receiving assistance.

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     (2) In cases where a child is eligible for TANF/SFA and the caretaker relative does not use the benefits for adequate care of the child, the case can be referred to the attorney general to establish a limited guardianship.

     (3) Guardianships are used only if it appears there is a need for services that are expected to last longer than two years.

     (4) These guardianships are limited to management of DSHS benefits.

     (5) The protective payee plan is changed if a guardian is appointed. The guardian is designated as the payee.

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     (1) Manage client cash and child care assistance benefits to pay bills for basic needs, such as housing and utilities, or as directed in the protective payee plans;

     (2) Provide money management for client if this item is included in the protective payee plans;

     (3) Encourage clients to comply with WorkFirst and other program requirements, such as getting a job or attending school; and

     (4) Provide reports to the department on client progress.

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     (1) A copy of the plan is provided to the protective payee and the client.

     (2) All cases must be reviewed:

     (a) After an initial three-month period; and

     (b) At least every six months beyond the initial period for on going cases.

     (3) Reviews include evaluation of:

     (a) The need for the client to continue in protective payee status; or

     (b) The need to change the plan; or

     (c) The client's potential to assume control of their funds (or be removed from protective payee status); and

     (d) Protective payee performance.

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     (1) Protective payee requests the client be reassigned;

     (2) The department assigns a different protective payee; or

     (3) Protective payee is no longer required.

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     (1) Assign payment of benefits through a protective payee,

     (2) Continue the assignment,

     (3) Change the protective payee selected for you, or

     (4) Change the contents of your protective payee plan.

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     The following sections of the Washington Administrative Code are repealed:

WAC 388-265-1150	Protective payee -- General information.
WAC 388-265-1155	Protective payee selection.
WAC 388-265-1200	Emergency and temporary protective payees (TANF/SFA).
WAC 388-265-1250	Protective payee or vendor payment due to mismanagement of money.
WAC 388-265-1275	Assigning TANF/SFA or GA pregnant or parenting minors to protective payee.
WAC 388-265-1300	Assigning TANF/SFA clients sanctioned for noncooperation or nonparticipation with WorkFirst activities to protective payees.
WAC 388-265-1375	Transfer from protective payees to guardianship.
WAC 388-265-1450	Protective payee responsibility and fees.
WAC 388-265-1500	Protective payee plans.
WAC 388-265-1600	Ending protective payee status and changing payees.
WAC 388-265-1650	Your fair hearing rights regarding protective payment.

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