WSR 05-18-035

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed August 30, 2005, 3:56 p.m. , effective September 1, 2005 ]


Purpose: The Division of Employment and Assistance Programs must amend WAC 388-400-0010 Who is eligible for state family assistance? and 388-442-0010 How does being a fleeing felon or having a conviction for a drug-related felony impact my eligibility for benefits?, to comply with E2SSB 5213, passed in the 2005 session, which restores temporary assistance for needy families benefits to persons convicted of a drug-related felony.

Citation of Existing Rules Affected by this Order: Amending WAC 388-400-0010 and 388-442-0010.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090.

Other Authority: E2SSB 5213, chapter 174, Laws of 2005.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: E2SSB 5213 exercises the state option to exempt individuals convicted of drug-related felony from the temporary assistance for needy families ban on receipt of benefits. The department is proceeding with the regular adoption process but will not have the amended rules in place by the statutorily mandated effective date of September 1, 2005. The department has filed a proposed rule-making notice (WSR 05-17-194) to adopt this rule as permanent, and a public hearing is scheduled for September 27, 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: August 25, 2005.

Andy Fernando, Manager

Rules and Policies Assistance Unit

3552.1
AMENDATORY SECTION(Amending WSR 04-15-057, filed 7/13/04, effective 8/13/04)

WAC 388-400-0010   Who is eligible for state family assistance?   (1) To be eligible for state family assistance (SFA), aliens must meet Washington state residency requirements as listed in WAC 388-468-0005 and immigrant eligibility requirements as listed in WAC 388-424-0015.

(2) You are eligible for SFA if you are not eligible for temporary assistance for needy families for the following reasons:

(a) You are a qualified alien and have been in the United States for less than five years as described in WAC 388-424-0006;

(b) You are a alien who is permanently residing in the United States under color of law (PRUCOL) as defined in WAC 388-424-0001;

(c) You are a nineteen or twenty-year-old student that meets the education requirements of WAC 388-404-0005;

(d) You are a caretaker relative of a nineteen or twenty-year-old student that meets the education requirements of WAC 388-404-0005; or

(e) You are a pregnant woman who has been convicted of((:

(i))) misrepresenting their residence in order to receive benefits from two or more states at the same time((; or

(ii) A drug-related felony as described in WAC 388-442-0010)).

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 04-15-057, 388-400-0010, filed 7/13/04, effective 8/13/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.510. 00-05-007, 388-400-0010, 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, 388-400-0010, filed 7/31/98, effective 9/1/98.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.3553.1
AMENDATORY SECTION(Amending WSR 04-18-002, filed 8/19/04, effective 9/19/04)

WAC 388-442-0010   How does being a fleeing felon ((or having a conviction for a drug-related felony )) impact my eligibility for benefits?   (1) You are a fleeing felon if you are fleeing to avoid prosecution, custody, or confinement for a crime or an attempt to commit a crime that is considered a felony in the place from which you are fleeing.

(2) If you are a fleeing felon, or violating a condition of probation or parole as determined by an administrative body or court that has the authority to make this decision, you are not eligible for TANF/SFA, GA, or Basic Food benefits.

(((3) You are a drug-related felon if you were convicted of a felony committed after August 21, 1996 that has an element of possession, use or distribution of a controlled substance as defined in Title 21 of the U.S. Code, Section 802(6). When we determine you are a drug-related felon:

(a) If you were convicted in the state of Washington, we use the Felony Offender Reporting System (FORS) to verify the date of your conviction and to determine if your conviction is for a drug-related felony.

(b) If you were convicted of a felony outside of Washington, we contact the jurisdiction where you were convicted to verify the date of your conviction and determine if the conviction is for a drug-related felony.

(c) We consider a felony conviction for attempt or conspiracy to possess, use or distribute a controlled substance as a conviction for a drug-related felony.

(4) If you are a drug-related felon, you are not eligible for TANF/SFA (cash) benefits unless you meet the conditions under subsection (5) of this section.

(5) If you are a drug-related felon, you may be eligible for TANF/SFA benefits if you meet all of the following conditions:

(a) You were convicted only of possession or use, but not distribution of a controlled substance;

(b) You were not convicted of a felony involving a controlled substance within the three-year period before your most recent conviction;

(c) You were assessed as chemically dependent by a program certified by the Division of Alcohol and Substance Abuse (DASA); and

(d) You are taking part in or have completed a DASA certified program's rehabilitation plan consisting of chemical dependency treatment and job services.

(6) If you are pregnant, but cannot get TANF/SFA because you were convicted of a drug-related felony, you can get SFA while you are pregnant if you meet all other TANF/SFA eligibility criteria under WAC 388-400-0005 or 388-400-0010.))

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 2004 c 54. 04-18-002, 388-442-0010, filed 8/19/04, effective 9/19/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.510. 00-05-007, 388-442-0010, filed 2/4/00, effective 3/6/00. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, 388-442-0010, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-442-0010, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office