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Chapter 388-310 WAC

Last Update: 10/23/20

WORKFIRST

WAC Sections

HTMLPDF388-310-0100WorkFirst—Purpose.
HTMLPDF388-310-0200WorkFirst—Activities.
HTMLPDF388-310-0300WorkFirst—Infant care exemptions for mandatory participants.
HTMLPDF388-310-0350WorkFirst—Other exemptions from mandatory participation.
HTMLPDF388-310-0400WorkFirst—Entering the WorkFirst program as a mandatory participant.
HTMLPDF388-310-0500WorkFirst—Individual responsibility plan.
HTMLPDF388-310-0600WorkFirst—Job search.
HTMLPDF388-310-0700WorkFirst—Comprehensive evaluation.
HTMLPDF388-310-0800WorkFirst—Support services.
HTMLPDF388-310-0900WorkFirst—Basic education.
HTMLPDF388-310-1000WorkFirst—Vocational education.
HTMLPDF388-310-1050WorkFirst—Skills enhancement training.
HTMLPDF388-310-1100WorkFirst—Work experience.
HTMLPDF388-310-1200WorkFirst—On-the-job training.
HTMLPDF388-310-1300Community jobs.
HTMLPDF388-310-1400WorkFirst—Community service.
HTMLPDF388-310-1450Pregnancy to employment.
HTMLPDF388-310-1500WorkFirst—Employment conditions.
HTMLPDF388-310-1600WorkFirst—Sanctions.
HTMLPDF388-310-1700WorkFirst—Self-employment.
HTMLPDF388-310-1800WorkFirst—Post employment services.
HTMLPDF388-310-1900WorkFirst—Services for American Indian tribal members and other American Indians.
HTMLPDF388-310-2000Individual development accounts (IDA).
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
388-310-1650WorkFirst—Child SafetyNet Payments. [Statutory Authority: RCW 74.08.090, 74.04.050, and 74.08A.340. WSR 04-07-025, § 388-310-1650, filed 3/8/04, effective 5/1/04. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. WSR 02-14-084, § 388-310-1650, filed 6/28/02, effective 7/29/02.] Repealed by WSR 06-10-035, filed 4/27/06, effective 6/1/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.260, chapter 74.08A RCW.
388-310-1850Re-employ Washington Workers (RWW). [Statutory Authority: RCW 74.08.090 and 74.04.050. WSR 00-08-021, § 388-310-1850, filed 3/24/00, effective 4/24/00; WSR 99-14-044, § 388-310-1850, filed 6/30/99, effective 7/31/99.] Repealed by WSR 00-24-040, filed 11/29/00, effective 12/30/00. Statutory Authority: RCW 74.08.090 and 74.04.050.
388-310-2100Career services program. [Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.08A.010. WSR 10-14-084, § 388-310-2100, filed 7/2/10, effective 8/2/10. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. WSR 09-02-029, § 388-310-2100, filed 12/30/08, effective 2/1/09. Statutory Authority: RCW 74.04.050, 74.04.055. WSR 08-16-102, § 388-310-2100, filed 8/5/08, effective 10/1/08. Statutory Authority: RCW 74.04.050, 74.04.055, and 2007 c 522. WSR 07-20-042, § 388-310-2100, filed 9/26/07, effective 10/27/07.] Repealed by WSR 10-22-062, filed 10/29/10, effective 12/1/10. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and chapters 74.08A and 74.12 RCW.


PDF388-310-0100

WorkFirstPurpose.

(1) What is the WorkFirst program?
The WorkFirst program offers services and activities to help people in low-income families find jobs, keep their jobs, find better jobs and become self-sufficient. The program links families to a variety of state, federal and community resources to meet this goal. When you enter the WorkFirst program, you will be asked to work, look for work and/or prepare for work.
(2) Who does the WorkFirst program serve?
The WorkFirst program serves two groups:
(a) Parents and children age sixteen or older who receive cash assistance under the temporary assistance for needy families (TANF), general assistance for pregnant women (GA-S) or state family assistance (SFA) programs; and
(b) Low-income parents who support their family without applying for or relying on cash assistance.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. WSR 10-22-061, § 388-310-0100, filed 10/29/10, effective 12/1/10. Statutory Authority: RCW 74.08.090 and 74.04.050. WSR 99-08-051, § 388-310-0100, filed 4/1/99, effective 5/2/99; WSR 97-20-129, § 388-310-0100, filed 10/1/97, effective 11/1/97.]



PDF388-310-0200

WorkFirst—Activities.

(1) Who is a mandatory participant and who is required to participate in WorkFirst activities?
(a) You are a "mandatory participant," if you are receiving TANF or SFA cash assistance because you are pregnant or the parent or adult in the home.
(b) When you are a mandatory participant, you are required to participate in the WorkFirst activities in your individual responsibility plan unless you are exempt under WAC 388-310-0300 and 388-310-0350.
(c) Participation is voluntary for all other WorkFirst participants (those who no longer receive or have never received TANF or SFA cash assistance).
(2) What activities do I participate in when I enter the WorkFirst program?
When you enter the WorkFirst program, you will participate in one or more of the following activities (which are described in more detail in other sections of this chapter):
(a) Paid employment (see WAC 388-310-0400 (2)(a) and 388-310-1500);
(b) Self employment (see WAC 388-310-1700);
(c) Job search (see WAC 388-310-0600);
(d) Community jobs (see WAC 388-310-1300);
(e) Work experience (see WAC 388-310-1100);
(f) On-the-job training (see WAC 388-310-1200);
(g) Vocational educational training (see WAC 388-310-1000);
(h) Basic education activities (see WAC 388-310-0900);
(i) Job skills training (see WAC 388-310-1050);
(j) Community service (see WAC 388-310-1400);
(k) Activities provided by tribal governments for tribal members and other American Indians (see WAC 388-310-1400(1) and 388-310-1900);
(l) Other activities identified by your case manager on your individual responsibility plan that will help you with situations such as drug and/or alcohol abuse, homelessness, or mental health issues; and/or
(m) Activities identified by your case manager on your individual responsibility plan to help you cope with family violence as defined in WAC 388-61-001; and/or
(n) Up to ten hours of financial literacy activities to help you become self-sufficient and financially stable.
(3) If I am a mandatory participant, how much time must I spend doing WorkFirst activities?
If you are a mandatory participant, you will be required to participate in the activities in your individual responsibility plan, and may be required to participate full time, working, looking for work or preparing for work. You might be required to participate in more than one part-time activity at the same time that adds up to full time participation. You will have an individual responsibility plan (described in WAC 388-310-0500) that includes the specific activities and requirements of your participation.
(4) What activities do I participate in after I get a job?
You may be required to participate in other activities, such as job search or training once you are working twenty hours or more a week in a paid unsubsidized job, to bring your participation up to full time.
You may also engage in activities if you are working full time and want to get a better job.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.62.030, 74.09.035, 74.08.090, 74.09.530, 41.05.021, 2011 1st sp.s. c 15, and 2013 2nd sp.s. c 10. WSR 14-10-046, § 388-310-0200, filed 4/30/14, effective 6/1/14. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, chapters 74.08A and 74.12 RCW, and 2011 1st sp.s. c 42. WSR 12-12-031, § 388-310-0200, filed 5/29/12, effective 7/1/12. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and chapters 74.08A and 74.12 RCW. WSR 10-22-062, § 388-310-0200, filed 10/29/10, effective 12/1/10. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.08A.340. WSR 09-15-084, § 388-310-0200, filed 7/14/09, effective 8/14/09. Statutory Authority: RCW 74.04.050, 74.08.090, 74.08A.340, and 2006 c 107. WSR 06-24-023, § 388-310-0200, filed 11/29/06, effective 12/30/06. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. WSR 02-15-067, § 388-310-0200, filed 7/11/02, effective 8/1/02. Statutory Authority: RCW 74.08A.340(2), 45 C.F.R. 260.31, RCW 74.08.090, and chapter 74.04 RCW. WSR 00-16-055, § 388-310-0200, filed 7/26/00, effective 8/1/00. Statutory Authority: RCW 74.08.090, 74.04.050. WSR 00-06-062, § 388-310-0200, filed 3/1/00, effective 3/1/00; WSR 99-08-051, § 388-310-0200, filed 4/1/99, effective 5/2/99; WSR 97-20-129, § 388-310-0200, filed 10/1/97, effective 11/1/97.]



PDF388-310-0300

WorkFirstInfant care exemptions for mandatory participants.

(1) When may I be exempted from participating in WorkFirst activities if I am a mandatory participant?
Either you or the other parent, living in the household, may claim an infant exemption from participating in WorkFirst activities provided you:
(a) Have a child under two years of age;
(b) Choose to not fully participate in the WorkFirst program (see WAC 388-310-0400); and
(c) Have not used up your lifetime twenty-four month infant exemption.
(2) If I choose my infant exemption, may I still be required to participate in the WorkFirst program?
You are required to participate up to twenty hours per week in parenting education, parenting skills training, mental health treatment, chemical dependency treatment, or any combination of these, if:
(a) The comprehensive evaluation or assessment indicates a need; and
(b) Services are available in your community.
(3) May I volunteer to participate in WorkFirst while I have a child under two years of age?
You may choose to fully participate in WorkFirst (see WAC 388-310-0400) while you have a child under two years of age. If you decide later to stop participating and you still qualify for an exemption, you will return to exempt status with no financial penalty provided you meet the conditions of subsections (1) and (2) of this section.
(4) Does an infant exemption from participation affect my sixty-month time limit for receiving temporary assistance for needy families (TANF) or state family assistance (SFA) benefits?
Even if you are exempt from participation, each month you receive a TANF/SFA grant counts toward your sixty-month limit (see WAC 388-484-0005).
[Statutory Authority: RCW 74.08A.270, 74.04.050, 74.04.055, 74.04.057, 74.08.090, and chapter 74.12 RCW. WSR 18-03-059, § 388-310-0300, filed 1/10/18, effective 2/10/18. Statutory Authority: RCW 74.08A.270, 74.04.050, 74.08.090, and 74.04.055. WSR 15-09-037, § 388-310-0300, filed 4/9/15, effective 5/10/15. Statutory Authority: RCW 74.04.050, 74.08.090, 74.04.055 and 2007 c 289. WSR 08-02-055, § 388-310-0300, filed 12/28/07, effective 2/1/08. Statutory Authority: RCW 74.08.090, 74.04.050. WSR 02-14-087, § 388-310-0300, filed 6/28/02, effective 7/29/02; WSR 00-06-062, § 388-310-0300, filed 3/1/00, effective 3/1/00; WSR 99-10-027, § 388-310-0300, filed 4/28/99, effective 5/29/99; WSR 97-20-129, § 388-310-0300, filed 10/1/97, effective 11/1/97.]



PDF388-310-0350

WorkFirst—Other exemptions from mandatory participation.

(1) When am I exempt from mandatory participation?
Except as provided in subsection (4) of this section, you are exempt from mandatory participation if you are:
(a) A caretaker relative as defined by WAC 388-454-0010, included in the assistance unit and:
(i) You are fifty-five years of age or older and caring for a child and you are not the child's parent; and
(ii) Your age is verified by any reliable documentation (such as a birth certificate or a driver's license).
(b) An adult with a severe and chronic disability as defined below:
(i) You have been assessed by a DSHS SSI facilitator as likely to be approved for SSI or other benefits and are required to apply for SSI or another type of federal disability benefit (such as railroad retirement or Social Security disability) in your individual responsibility plan. Your SSI application status may be verified through the SSI facilitator and/or state data exchange; or
(ii) Your disability is a severe and chronic mental, physical, emotional, or cognitive impairment that prevents you from participating in work activities for more than ten hours a week and is expected to last at least twelve months. Your disability and ability to participate must be verified by documentation from the division of developmental disabilities (DDD), division of vocational rehabilitation (DVR), home and community services division (HCS), division of mental health (MHD), behavioral health organization (BHO), and/or regional service area (RSA), or evidence from one of the medical or mental health professionals listed in subsection (2) of this section.
(c) Required in the home to care for a child with special needs when:
(i) The child has a special medical, developmental, mental, or behavioral condition; and
(ii) The child is determined by a public health nurse, school professional, one of the medical or mental health professionals listed in subsection (2) of this section, HCS, MHD, BHO, and/or an RSA to require specialized care or treatment that prevents you from participating in work activities for more than ten hours per week.
(d) Required to be in the home to care for another adult with disabilities when:
(i) The adult with disabilities cannot be left alone for significant periods of time; and
(ii) No adult other than yourself is available and able to provide the care; and
(iii) The adult with the disability is related to you; and
(iv) You are unable to participate in work activities for more than ten hours per week because you are required to be in the home to provide care; and
(v) The disability and your need to care for your disabled adult relative is verified by documentation from DDD, DVR, HCS, MHD, BHO and/or an RSA, or evidence from one of the medical or mental health professionals listed in subsection (2) of this section.
(2) What types of medical or mental health professionals can provide medical evidence when I have a disability?
We accept medical evidence from the following sources when considering disability:
(a) For a physical impairment:
(i) A physician, which includes:
(A) Medical doctor (M.D.); and
(B) Doctor of osteopathy (D.O.);
(ii) An advanced registered nurse practitioner (ARNP) for physical impairments;
(iii) A physician's assistant (P.A.);
(iv) A doctor of optometry (O.D.) for visual acuity impairments; or
(v) Doctor of podiatry (D.P.) for foot disorders;
(b) For a mental impairment:
(i) A psychiatrist;
(ii) A psychologist;
(iii) An ARNP certified in psychiatric nursing;
(iv) A mental health professional provided the person's training and qualifications at a minimum include a master's degree; or
(v) A physician who is currently treating you for a mental impairment.
(c) We do not accept medical evidence from the medical professionals listed in subsections (2)(a) and (b), unless they are licensed in Washington state or the state where the examination was performed.
(3) Who reviews and approves an exemption from participation?
(a) If it appears that you may qualify for an exemption or you ask for an exemption, your case manager or social worker will review the information and we may use the case staffing process to determine whether the exemption will be approved. Case staffing is a process to bring together a team of multidisciplinary experts including relevant professionals and the client to identify participant issues, review case history and information, and recommend solutions.
(b) If additional medical or other documentation is needed to determine if you are exempt, your IRP will allow between thirty days and up to ninety if approved to gather the necessary documentation.
(c) Information needed to verify your exemption should meet the standards for verification described in WAC 388-490-0005. If you need help gathering information to verify your exemption, you can ask us for help. If you have been identified as needing NSA services, under chapter 388-472 WAC, your accommodation plan should include information on how we will assist you with getting the verification needed.
(d) After a case staffing, we will send you a notice that tells you whether your exemption was approved, how to request a fair hearing if you disagree with the decision, and any changes to your IRP that were made as a result of the case staffing.
(4) If I am an adult who is exempt due to my severe and chronic disability, can I still be required to participate in the WorkFirst program?
When you are exempt due to your severe and chronic disability, you may be required to:
(a) Pursue SSI or another type of federal disability benefit; and/or
(b) Participate in available treatment that is recommended by your treating medical or mental health provider or by a chemical dependency professional.
(5) Can I participate in WorkFirst while I am exempt?
(a) You may choose to fully participate in WorkFirst while you are exempt.
(b) Your WorkFirst case manager may refer you to other service providers who may help you improve your skills and move into employment.
(c) If you decide later to stop participating, and you still qualify for an exemption, you will be put back into exempt status with no financial penalty.
(6) Does an exemption from participation affect my sixty-month time limit for receiving TANF/SFA benefits?
Even if exempt from participation, each month you receive a TANF/SFA grant counts toward your sixty-month limit as described in WAC 388-484-0005.
(7) How long will my exemption last?
Unless you are an older caretaker relative, your exemption will be reviewed at least every twelve months to make sure that you still meet the criteria for an exemption. Your exemption will continue as long as you continue to meet the criteria for an exemption.
(8) What happens when I am no longer exempt?
If you are no longer exempt, then:
(a) You will become a mandatory participant under WAC 388-310-0400; and
(b) If you have received sixty or more months of TANF/SFA, your case will be reviewed for an extension. (See WAC 388-484-0006 for a description of TANF/SFA time limit extensions.)
(9) For time-limited extensions, see WAC 388-484-0006.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.08A.010. WSR 15-24-056, § 388-310-0350, filed 11/24/15, effective 1/1/16. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and chapters 74.08A and 74.12 RCW. WSR 10-24-013, § 388-310-0350, filed 11/18/10, effective 12/19/10. Statutory Authority: RCW 74.04.050, 74.08.090, and 74.08A.340. WSR 09-16-079, § 388-310-0350, filed 7/31/09, effective 9/1/09; WSR 03-24-057, § 388-310-0350, filed 12/1/03, effective 1/1/04. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. WSR 02-12-068, § 388-310-0350, filed 5/31/02, effective 6/1/02.]



PDF388-310-0400

WorkFirst—Entering the WorkFirst program as a mandatory participant.

(1) What happens when I enter the WorkFirst program as a mandatory participant?
You must follow instructions as written in your individual responsibility plan (IRP) as required under WAC 388-310-0500, which is written after you have participated in a comprehensive evaluation of elements related to your employability. If you have been identified as someone who needs necessary supplemental accommodation (NSA) services as defined in chapter 388-472 WAC, your WorkFirst worker will first develop an accommodation plan to help you access WorkFirst services. The WorkFirst worker will use the accommodation plan to help develop your IRP with you. If you have been identified as a victim of family violence as defined in WAC 388-61-001, you and your WorkFirst worker will develop an IRP to help you with your situation, including referrals to appropriate services.
Your WorkFirst worker will refer you to WorkFirst activities unless any of the following applies to you:
(a) You work thirty-two or more hours a week (or, if you are a member of a two-parent family, you work thirty-five hours or more a week). "Work" means to engage in any legal, income generating activity that is taxable under the United States tax code or would be taxable with or without a treaty between an Indian nation and the United States;
(b) You participate the equivalent of twenty or more hours a week (or if you are a member of a two-parent family, you participate the equivalent of thirty or more hours a week) in job search, vocational education, issue resolution, or paid or unpaid work that meets the federal definition of core activities, which may include work of sixteen or more hours a week in the federal or state work study program, and you attend a Washington state community or technical college at least half time;
(c) You work twenty or more hours a week (or if you are a member of a two-parent family, you work thirty or more hours a week) in unsubsidized employment and attend a Washington state community or technical college at least half time;
(d) You are under the age of eighteen, have not completed high school, GED, or its equivalent and are in school full time;
(e) You are eighteen or nineteen years of age and are attending high school or an equivalent full time;
(f) You are pregnant or have a child under the age of two years old, and are participating in other pregnancy to employment activities as defined in WAC 388-310-1450;
(g) Your situation prevents you from looking for a job and you are conducting activities identified on your IRP to help you with your situation (for example, you may be unable to look for a job while you have health problems or you are homeless); or
(h) Your situation prevents you from looking for work because you are a victim of family violence and you are conducting activities on your IRP to help you with your situation.
(2) How will I know what my participation requirements are?
(a) Your IRP will describe what you need to do to be able to enter job search or other WorkFirst activities and then find a job as described in WAC 388-310-0500 and 388-310-0700.
(b) If you enter the pregnancy to employment pathway as described in WAC 388-310-1450(3), you must take part in an assessment.
(3) What happens if I do not follow my WorkFirst requirements?
If you do not participate in creating an IRP, job search, or in the activities listed in your IRP, and you do not have a good reason, the department will follow the sanction rules in WAC 388-310-1600.
[Statutory Authority: RCW 74.08A.270, 74.04.050, 74.04.055, 74.04.057, 74.08.090, and chapter 74.12 RCW. WSR 18-03-059, § 388-310-0400, filed 1/10/18, effective 2/10/18. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and chapters 74.08A and 74.12 RCW. WSR 10-22-062, § 388-310-0400, filed 10/29/10, effective 12/1/10. Statutory Authority: 45 C.F.R. 260, 42 U.S.C. 601, chapters 74.08A and 74.12 RCW, RCW 74.04.050, 74.04.055, 74.08.090, and 74.04.057. WSR 09-14-019, § 388-310-0400, filed 6/22/09, effective 7/23/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.08.090. WSR 08-07-046, § 388-310-0400, filed 3/14/08, effective 5/1/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. WSR 06-08-044, § 388-310-0400, filed 3/30/06, effective 6/1/06. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. WSR 02-15-067, § 388-310-0400, filed 7/11/02, effective 8/1/02. Statutory Authority: RCW 74.08.090, 74.04.050. WSR 00-06-062, § 388-310-0400, filed 3/1/00, effective 3/1/00; WSR 99-10-027, § 388-310-0400, filed 4/28/99, effective 5/29/99; WSR 98-23-037, § 388-310-0400, filed 11/10/98, effective 12/11/98; WSR 97-20-129, § 388-310-0400, filed 10/1/97, effective 11/1/97.]



PDF388-310-0500

WorkFirst—Individual responsibility plan.

(1) What is the purpose of my individual responsibility plan?
The purpose of your individual responsibility plan is to give you a written statement that describes:
(a) What your responsibilities are; and
(b) Which WorkFirst activities you are required to participate in; and
(c) What services you will receive so you are able to participate.
(2) What is included in my individual responsibility plan?
Your individual responsibility plan includes the following:
(a) What WorkFirst activities you must do and the participation requirements for those activities including the amount of time you will spend doing the activities, a start and end date for each activity and the requirement to participate fully.
(b) Any other specific requirements that are tied to the WorkFirst work activity. For example, you might be required to learn English as part of your work experience activity or to provide proof of your employment hours.
(c) What services we will provide to help you participate in the activity. For example, you may require support services (such as help with paying for transportation) or help with paying childcare.
(d) Your statement that you recognize the need to become and remain employed as quickly as possible.
(3) How is my individual responsibility plan developed?
You and your case manager will work together and use information gathered from your comprehensive evaluation (see WAC 388-310-0700) when available to develop your individual responsibility plan and decide what activities will be included in it. Then, your case manager will assign you to specific WorkFirst activities that will help you find employment.
(4) What happens after my individual responsibility plan is completed?
Once your individual responsibility plan is completed:
(a) You will sign and get a copy of your individual responsibility plan.
(b) You and your case manager will review your plan as necessary over the coming months to make sure your plan continues to meet your employment needs. You will sign and get a copy of your individual responsibility plan every time it is reviewed and changed.
(5) What should I do if I cannot go to a required WorkFirst appointment or activity because of a temporary situation outside of my control?
If you cannot participate because of a temporary situation outside of your control, you must call the telephone number shown on your individual responsibility plan on the same day you were to report when possible to explain your situation, or as soon as possible thereafter. You will be given an excused absence. Some examples of excused absences include:
(a) You, your children or other family members are ill;
(b) Your transportation or child care arrangements break down and you cannot make new arrangements in time to comply;
(c) A significant person in your life died; or
(d) A family violence situation arose or worsened.
(6) What happens if I don't call in on the same day I am unable to attend to get an excused absence?
If you do not call in on the same day you are unable to attend when possible, or as soon as possible thereafter, to get an excused absence, it will be considered an unexcused absence.
If you exceed the number of unexcused absences allowed on your individual responsibility plan, without good cause, your case manager will begin the sanction process. (See WAC 388-310-1600 for more details.)
[Statutory Authority: 45 C.F.R. 260, 42 U.S.C. 601, chapters 74.08A and 74.12 RCW, RCW 74.04.050, 74.04.055, 74.08.090, and 74.04.057. WSR 09-14-019, § 388-310-0500, filed 6/22/09, effective 7/23/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.08.090. WSR 08-07-046, § 388-310-0500, filed 3/14/08, effective 5/1/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. WSR 06-08-044, § 388-310-0500, filed 3/30/06, effective 6/1/06. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. WSR 02-15-067, § 388-310-0500, filed 7/11/02, effective 8/1/02. Statutory Authority: RCW 74.08.090 and 74.04.050. WSR 99-10-027, § 388-310-0500, filed 4/28/99, effective 5/29/99; WSR 98-23-037, § 388-310-0500, filed 11/10/98, effective 12/11/98; WSR 97-20-129, § 388-310-0500, filed 10/1/97, effective 11/1/97.]



PDF388-310-0600

WorkFirst—Job search.

(1) What is job search?
Job search is an opportunity to learn and use skills you need to find and keep a job. Job search may include:
(a) Classroom instruction; and/or
(b) Structured job search that helps you find job openings, complete applications, practice interviews and apply other skills and abilities with a job search specialist or a group of fellow job-seekers.
(2) Who provides me with job search?
You get job search from the employment security department or another organization under contract with WorkFirst to provide these services.
(3) How long do I stay in job search?
Periods of job search will start with a review of the work skills assessment portion of your comprehensive evaluation and may last up to twelve continuous weeks. Job search specialists will monitor your progress. By the end of the first four weeks, a job search specialist will determine whether you should continue in job search. Job search will end when:
(a) You find a full-time job; or
(b) You become exempt from WorkFirst requirements (see WAC 388-310-0300); or
(c) Your situation changes and the case manager changes the activities on your IRP to fit your new circumstances (see WAC 388-310-0400); or
(d) After fully participating in job search, and based on your experience in looking for work in the local labor market, it is determined that you need additional skills and/or experience to find a job; or
(e) You have not found a job at the end of the job search period.
(4) What happens at the end of job search if I have not found a job?
At the end of each job search period, you will be referred back to your case manager who will, at a minimum, review and update the DSHS portion of your comprehensive evaluation if you have not found a job. You and your case manager will also modify your individual responsibility plan.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.08.090. WSR 08-07-046, § 388-310-0600, filed 3/14/08, effective 5/1/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. WSR 06-08-044, § 388-310-0600, filed 3/30/06, effective 6/1/06; WSR 05-16-107, § 388-310-0600, filed 8/2/05, effective 9/2/05. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. WSR 02-15-067, § 388-310-0600, filed 7/11/02, effective 8/1/02. Statutory Authority: RCW 74.08.090, 74.04.050. WSR 02-04-058, § 388-310-0600, filed 1/30/02, effective 3/2/02. Statutory Authority: RCW 74.08A.340(2), 45 C.F.R. 260.31, RCW 74.08.090, and chapter 74.04 RCW. WSR 00-16-055, § 388-310-0600, filed 7/26/00, effective 8/1/00. Statutory Authority: RCW 74.08.090 and 74.04.050. WSR 99-10-027, § 388-310-0600, filed 4/28/99, effective 5/29/99; WSR 97-20-129, § 388-310-0600, filed 10/1/97, effective 11/1/97.]



PDF388-310-0700

WorkFirst—Comprehensive evaluation.

(1) Why do I receive a comprehensive evaluation?
You participate in a comprehensive evaluation with your case manager and other WorkFirst staff to determine:
(a) Your employment strengths, your educational background, family situation and other factors; and
(b) Which WorkFirst activities you need to become employed.
(2) What is the comprehensive evaluation and when will it be used?
(a) The comprehensive evaluation is a series of questions, answers and evaluations focused on your strengths, job skills, education and other relevant elements. The results of the comprehensive evaluation are used to determine your ability to find and keep a job in your local labor market and what WorkFirst activities will help you prepare for and find work. It includes:
(i) An employability evaluation with your case manager, discussing important issues that can affect your ability to find a job, like educational background, employment history, child care, family violence or substance abuse. Your case manager will also ask you a few questions to find out if you might benefit from engaging in financial literacy activities such as money management training or any other type of credit counseling service. If so, we will tell you how to get this information.
(b) You and your case manager and/or social worker use the information and recommendations from the comprehensive evaluation to create or modify your individual responsibility plan, adding activities that help you become employable.
(c) After your comprehensive evaluation, you may receive more assessments to find out if you need additional services. For example, you may receive an educational skills assessment and/or evaluation after referral to an education and training activity.
[Statutory Authority: RCW 74.04.050, 74.08.090, and 74.08A.340. WSR 09-16-100, § 388-310-0700, filed 8/4/09, effective 9/4/09. Statutory Authority: RCW 74.04.050, 74.08.090, 74.08A.340, and 2006 c 107. WSR 06-24-023, § 388-310-0700, filed 11/29/06, effective 12/30/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. WSR 06-08-044, § 388-310-0700, filed 3/30/06, effective 6/1/06. Statutory Authority: RCW 74.08.090, 74.04.050. WSR 00-06-062, § 388-310-0700, filed 3/1/00, effective 3/1/00; WSR 99-10-027, § 388-310-0700, filed 4/28/99, effective 5/29/99; WSR 97-20-129, § 388-310-0700, filed 10/1/97, effective 11/1/97.]



PDF388-310-0800

WorkFirstSupport services.

(1) Who can get support services?
People who can get support services include:
(a) WorkFirst participants who receive a TANF cash grant;
(b) Sanctioned WorkFirst participants during the required participation before the sanction is lifted or applicants who were terminated while in noncompliance sanction who are doing activities required to reopen cash assistance (WAC 388-310-1600);
(c) TANF/SFA applicants as needed to meet the WorkFirst orientation requirements under WAC 388-400-0005(2) or 388-400-0010(3);
(d) Unmarried or pregnant minors who are income eligible to receive TANF and are:
(i) Living in a department approved living arrangement (WAC 388-486-0005) and are meeting the school requirements (WAC 388-486-0010); or
(ii) Are actively working with a social worker and need support services to remove the barriers that are preventing them from living in a department approved living arrangement and/or meeting the school requirements.
(e) American Indians who receive a TANF cash grant and have identified specific needs due to location or employment.
(2) Why do I receive support services?
Although not an entitlement, you may receive support services for the following reasons:
(a) To help you participate in work and WorkFirst activities that lead to independence.
(b) To help you to participate in job search, accept a job, keep working, advance in your job, and/or increase your wages.
(c) You can also get help in paying your child care expenses through the working connections child care assistance program. (Chapter 170-290 WAC describes the rules for this child care assistance program.)
(3) What type of support services may I receive and what limits apply?
There is a limit of three thousand dollars per person per program year (July 1st to June 30th) for WorkFirst support services you may receive. Some types of support services have dollar limit restrictions.
The chart below shows the types of support services that are available for the different activities (as indicated by an "x") and the restrictions that apply.
Definitions:
• Work-related activities include looking for work or participating in workplace activities, such as community jobs or a work experience position.
•• Safety-related activities include meeting significant or emergency family safety needs, such as dealing with family violence.
••• Some support services are available if you need them for other required activities in your IRP.
Type of Support Service
Restrictions
Work
••
Safety
•••
Other
Reasonable accommodation for employment
 
x
 
 
Clothing/uniforms
 
x
 
 
Diapers
 
x
 
 
Haircut
 
x
 
 
Lunch
Same rate as established by OFM for state employees
x
 
 
Personal hygiene
 
x
 
 
Professional, trade, association, union and bonds
 
x
 
 
Relocation related to employment (can include rent, housing, and deposits)
 
x
 
 
Short-term lodging and meals in connection with job interviews/tests
Same rate as established by OFM for state employees
x
 
 
Tools/equipment
 
x
 
 
Car repair needed to restore car to operable condition
 
x
x
 
License/fees
 
x
x
 
Mileage reimbursement
Same rate as established by OFM for state employees
x
x
 
Transportation allotment
 
x
x
x
Counseling
 
x
x
x
Educational expenses
 
x
 
x
Medical exams (not covered by medicaid)
 
x
x
x
Public transportation
 
x
x
x
Testing-diagnostic
 
x
x
x
(4) What are the other requirements to receive support services?
Other restrictions on receiving support services are determined by the department or its agents. They will consider whether:
(a) It is within available funds; and
(b) It does not assist, promote, or deter religious activity; and
(c) There is no other way to meet the cost.
(5) What happens to my support services if I do not participate as required?
The department will give you ten days notice, following the rules in WAC 388-310-1600, then discontinue your support services until you participate as required.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057. WSR 15-18-024, § 388-310-0800, filed 8/25/15, effective 9/25/15. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.62.030, 74.09.035, 74.08.090, 74.09.530, 41.05.021, 2011 1st sp.s. c 15, and 2013 2nd sp.s. c 10. WSR 14-10-046, § 388-310-0800, filed 4/30/14, effective 6/1/14. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.08A.250. WSR 13-02-048, § 388-310-0800, filed 12/24/12, effective 2/1/13. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. WSR 10-22-061, § 388-310-0800, filed 10/29/10, effective 12/1/10; WSR 09-06-053, § 388-310-0800, filed 2/26/09, effective 4/1/09. Statutory Authority: RCW 74.04.050 and 74.04.055. WSR 08-18-045, § 388-310-0800, filed 8/29/08, effective 10/1/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.260, chapter 74.08A RCW. WSR 06-10-035, § 388-310-0800, filed 4/27/06, effective 6/1/06. Statutory Authority: RCW 74.08.090, 74.04.050, 74.08A.340. WSR 05-02-014, § 388-310-0800, filed 12/27/04, effective 1/27/05. Statutory Authority: RCW 74.08.090, 74.04.050, 74.08A.340, and 2003 c 10 § 207. WSR 03-21-154, § 388-310-0800, filed 10/22/03, effective 10/27/03. Statutory Authority: RCW 74.08.090, 74.04.050, 78.08A.340, and [WSR] 99-14-043. WSR 02-11-130, § 388-310-0800, filed 5/21/02, effective 7/1/02; WSR 01-17-053, § 388-310-0800, filed 8/13/01, effective 9/1/01. Statutory Authority: RCW 74.08.090, 74.04.050, and 78.08A.340. WSR 00-13-106, § 388-310-0800, filed 6/21/00, effective 7/1/00. Statutory Authority: RCW 74.08.090 and 74.04.050. WSR 99-14-043, § 388-310-0800, filed 6/30/99, effective 7/31/99; WSR 97-20-129, § 388-310-0800, filed 10/1/97, effective 11/1/97.]



PDF388-310-0900

WorkFirst—Basic education.

(1) What is basic education?
Basic education is high school completion, classes to prepare for high school equivalency, testing to acquire high school equivalency, adult basic education (ABE) or English as a second language (ESL) training. Basic education also includes approved homework and study activities associated with the educational activity.
(2) When do I participate in basic education as part of WorkFirst?
You may participate in basic education as part of WorkFirst under any of the following circumstances:
(a) You are twenty years of age or older and your comprehensive evaluation shows you need this education to become employed or get a better job and:
(i) You are participating the equivalent of twenty hours or more per week in job search, vocational education, issue resolution, paid work or unpaid work that meets the federal definition of core activities; or
(ii) You have limited-English proficiency and you lack language skills that are needed to qualify for entry level jobs.
(b) You may be required to participate if you are a mandatory participant, a parent eighteen or nineteen years of age, you do not have a high school diploma or high school equivalency and you need this education in order to find employment.
(c) You will be required to be in high school or a high school equivalency program if you are a mandatory participant, sixteen or seventeen years old and you do not have a high school diploma or high school equivalency certificate.
(d) You are enrolled in the pregnancy to employment pathway and your comprehensive evaluation shows basic education would help you find and keep employment. (See WAC 388-310-1450.)
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.250, and 2013 c 39. WSR 13-24-043, § 388-310-0900, filed 11/26/13, effective 1/1/14. Statutory Authority: 45 C.F.R. 260, 42 U.S.C. 601, chapters 74.08A and 74.12 RCW, RCW 74.04.050, 74.04.055, 74.08.090, and 74.04.057. WSR 09-14-019, § 388-310-0900, filed 6/22/09, effective 7/23/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.08.090. WSR 08-07-046, § 388-310-0900, filed 3/14/08, effective 5/1/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. WSR 06-08-048, § 388-310-0900, filed 3/30/06, effective 5/1/06. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. WSR 02-15-067, § 388-310-0900, filed 7/11/02, effective 8/1/02. Statutory Authority: RCW 74.08.090, 74.04.050. WSR 01-15-009, § 388-310-0900, filed 7/6/01, effective 8/6/01; WSR 99-10-027, § 388-310-0900, filed 4/28/99, effective 5/29/99; WSR 97-20-129, § 388-310-0900, filed 10/1/97, effective 11/1/97.]



PDF388-310-1000

WorkFirst—Vocational education.

(1) What is vocational education?
Vocational education is training that leads to a degree or certificate in a specific occupation, not to result in a bachelor's or advanced degree unless otherwise indicated in subsection (4) of this section, offered by an accredited:
(a) Public and private technical college or school;
(b) Community college;
(c) Tribal college; or
(d) Community based organizations for customized job skills training programs only.
(2) Vocational education may include one or more of the following:
(a) Customized job skills training;
(b) High-wage/high-demand training;
(c) Approved homework and study activities associated with the educational activity;
(d) Remedial/developmental education, prerequisites, basic education or English as a second language training deemed a necessary part of the vocational education program.
(3) What is customized job skills training?
Customized job skills training helps you learn skills needed for an identified entry-level job that pays more than average entry-level wages, and is an acceptable WorkFirst activity when an employer or industry commits to hiring or giving hiring preference upon completion.
(4) What is high-wage/high-demand training?
(a) There are two types of high-wage/high-demand full-time training options for WorkFirst participants to complete a certificate or degree that will lead to employment in a high-wage/high-demand occupation:
(i) Information technology, health care, or other professional-technical programs that allows recipients to start and finish a one-year or shorter state, community, or technical college training program in these fields or other professional-technical programs that meet high-wage/high-demand criteria.
(ii) Certificate/degree completion programs that allow recipients to finish the last year of any certificate or degree program, not to exceed a bachelor's degree, in a high-wage/high-demand field on an exception basis. Employment security department bases the high-wage/high-demand criteria on median income and high-demand occupations with the local labor market.
(b) The department may approve high-wage/high-demand training once in a lifetime without an approved exception to policy.
(c) To qualify for high-wage/high-demand training, you must also:
(i) Meet all of the prerequisites;
(ii) Be able to obtain the certificate or degree within twelve calendar months;
(iii) Participate full time in the training program and make satisfactory progress;
(iv) Work with the employment security department during the last quarter of training for job placement; and
(v) Return to job search once you complete the educational program if still unemployed.
(5) When may vocational education be included in my individual responsibility plan?
The department may include vocational education in your individual responsibility plan for up to twelve months if:
(a) Your comprehensive evaluation shows that you:
(i) Need this education to become employed or get a better job; and
(ii) Are able to participate full time in vocational education or combine vocational education with any approved WorkFirst work activity.
(b) You are in an internship or practicum for up to twelve months that is paid or unpaid and required to complete a course of vocational training or to obtain a license or certificate in a high demand program;
(c) You have limited-English proficiency and lack job skills that are in demand for entry-level jobs in your area, and the vocational education program is the only way that you can acquire these skills (because there is no available work experience, community service or on-the-job training that can teach you these skills); or
(d) You meet the requirements in WAC 388-310-1450 and your comprehensive evaluation shows vocational education would help you find and keep employment.
(6) May I get help with paying the costs of vocational education?
WorkFirst may pay for the costs of vocational education, such as tuition or books, up to twelve months, if vocational education is in your individual responsibility plan and there is no other way to pay them. You may also get help with paying your child care costs through the working connections child care program if you meet criteria in chapter 110-15 WAC.
(7) May the department include vocational education in my individual responsibility plan longer than twelve months?
The department may increase the twelve-month limit for vocational education training to twenty-four months subject to funding appropriated specifically for this purpose.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, 74.08A.120, and 74.08A.250. WSR 20-22-020, § 388-310-1000, filed 10/23/20, effective 11/23/20. Statutory Authority: RCW 74.04.050, 74.08A.250, 74.04.055, 74.08.090, 74.04.057 and 2017 c 156 § 1. WSR 17-24-009, § 388-310-1000, filed 11/27/17, effective 12/28/17. Statutory Authority: 45 C.F.R. 260, 42 U.S.C. 601, chapters 74.08A and 74.12 RCW, RCW 74.04.050, 74.04.055, 74.08.090, and 74.04.057. WSR 09-14-019, § 388-310-1000, filed 6/22/09, effective 7/23/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.08.090. WSR 08-07-046, § 388-310-1000, filed 3/14/08, effective 5/1/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. WSR 06-08-048, § 388-310-1000, filed 3/30/06, effective 5/1/06. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. WSR 02-15-067, § 388-310-1000, filed 7/11/02, effective 8/1/02. Statutory Authority: RCW 74.08.090, 74.04.050. WSR 01-15-009, § 388-310-1000, filed 7/6/01, effective 8/6/01; WSR 99-10-027, § 388-310-1000, filed 4/28/99, effective 5/29/99; WSR 98-23-037, § 388-310-1000, filed 11/10/98, effective 12/11/98; WSR 97-20-129, § 388-310-1000, filed 10/1/97, effective 11/1/97.]



PDF388-310-1050

WorkFirst—Skills enhancement training.

(1) What is skills enhancement training?
Skills enhancement training, formerly known as job skills training, is training or education for job skills required by an employer to provide a person with the ability to obtain employment or to advance or adapt to the changing demands of the workplace. Skills enhancement training may include:
(a) Customized training programs to meet the needs of a specific employer;
(b) General education and training that prepares a person for employment to include vocational education and courses explicitly required for program entry;
(c) Basic education and English as a second language training when such instruction is focused on skills needed for employment, combined in a unified whole with job training or needed to enable the person to perform a specific job or engage in a specific job training program;
(d) Four-year bachelor degree programs at any state-certified college or university; and
(e) Approved homework and study activities.
(2) Who may provide skills enhancement training?
The following types of organizations that meet the WorkFirst program's standards for service providers may offer training:
(a) Community based organizations;
(b) Businesses;
(c) Tribal governments; or
(d) Public and private community and technical colleges.
(3) When can skills enhancement training be included in my individual responsibility plan?
We may add skills enhancement training in your individual responsibility plan if you are participating the equivalent of twenty or more hours a week in job search, vocational education, issue resolution, paid work or unpaid work that meets the federal definition of core activities.
(4) Can I get help with paying the costs of skills enhancement training?
WorkFirst may pay your costs, such as tuition or books, if skills enhancement training is in your individual responsibility plan and there is no other way to pay them. You may also get help with paying your child care costs through the working connections child care program under chapter 110-15 WAC.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, 74.08A.120, and 74.08A.250. WSR 20-22-020, § 388-310-1050, filed 10/23/20, effective 11/23/20. Statutory Authority: 45 C.F.R. 260, 42 U.S.C. 601, chapters 74.08A and 74.12 RCW, RCW 74.04.050, 74.04.055, 74.08.090, and 74.04.057. WSR 09-14-019, § 388-310-1050, filed 6/22/09, effective 7/23/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.08.090. WSR 08-07-046, § 388-310-1050, filed 3/14/08, effective 5/1/08. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. WSR 02-15-067, § 388-310-1050, filed 7/11/02, effective 8/1/02. Statutory Authority: RCW 74.08.090, 74.04.050. WSR 01-15-009, § 388-310-1050, filed 7/6/01, effective 8/6/01; WSR 99-10-027, § 388-310-1050, filed 4/28/99, effective 5/29/99; WSR 98-23-037, § 388-310-1050, filed 11/10/98, effective 12/11/98.]



PDF388-310-1100

WorkFirst—Work experience.

(1) What is work experience?
Work experience (sometimes called WEX) is an activity for mandatory participants that will teach you the basics of holding down a job and give you a chance to practice or expand your work skills. Work experience teaches you these skills by assigning you to unpaid work with:
(a) A private, nonprofit organization;
(b) A community or technical college;
(c) A federal, state, local or tribal government or district; or
(d) Any entity providing an internship or practicum as described in WAC 388-310-1000 (2)(b).
(2) What happens when I am enrolled in a work experience activity?
When you are enrolled in a work experience activity:
(a) The organization, government or district that is supervising your work experience position must comply with all applicable state and federal health and safety standards while you are working there.
(b) You may be required to look for work on your own and must accept any paid employment you find that meets the criteria in WAC 388-310-1500.
(3) How long does a work experience assignment last?
Your case manager must review your work experience assignment if it lasts longer than six months. This review will determine whether you need more time to learn the skills and abilities that the work experience assignment was set up to teach you.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.08.090. WSR 08-07-046, § 388-310-1100, filed 3/14/08, effective 5/1/08. Statutory Authority: RCW 74.08.090 and 74.04.050. WSR 99-10-027, § 388-310-1100, filed 4/28/99, effective 5/29/99; WSR 97-20-129, § 388-310-1100, filed 10/1/97, effective 11/1/97.]



PDF388-310-1200

WorkFirst—On-the-job training.

(1) What is on-the-job training?
On-the-job training (sometimes called OJT) is skills training provided by an employer at the their place of business. You are paid to both work and spend some time learning new skills to help you do your job better. You may receive the training at your job site or be sent to a classroom (using "release time" from your job) to get some of this training.
(2) When do I qualify for on-the-job training?
You may qualify for on-the-job employment if:
(a) You lack skills which are in demand in the local labor market; and
(b) There are employers in your area who can and will provide the training.
(3) Is my employer reimbursed for giving me on-the-job training?
Your employer may be reimbursed for giving you on-the-job training for up to fifty percent of your total gross wages for regular hours of work and preapproved release time for training.
[Statutory Authority: RCW 74.08.090 and 74.04.050. WSR 99-10-027, § 388-310-1200, filed 4/28/99, effective 5/29/99; WSR 97-20-129, § 388-310-1200, filed 10/1/97, effective 11/1/97.]



PDF388-310-1300

Community jobs.

(1) What is the community jobs program?
Community jobs is a paid work experience that assists you to gain work skills and experience. You are placed in a community job (up to twenty hours per week) where your wages are paid by the community jobs program. If you participate in the program, you are eligible for support services that assist you in moving into a job where your employer pays all your wages.
(2) What is career jump?
Career jump offers job-ready community jobs participants an opportunity to gain paid work experience that leads to a permanent job. This program is a subset of community jobs and will be referred to as such. Career jump places you in a part time (up to twenty hours per week), community job where your earnings are paid by the community jobs program, for up to five months, at which time you will transition to the employer's payroll. You will be provided with support services to assist you in retaining your job through the ninth month of the program. At or before the fifth month, the employment opportunity will be above minimum wage, thirty-two or more hours per week and include wage progression and benefits comparable to other employees.
(3) Who administers the community jobs program?
The department of commerce (commerce) administers the community jobs program. Commerce contracts with local agencies throughout the state, known as community jobs contractors who develop and manage the community jobs positions, pay the wages, provide support services and act as the "employer of record" while you are enrolled in a community job.
(4) What types of work sites are used to provide community jobs?
The following work sites may be used to provide community jobs:
(a) Federal, state or local governmental agencies and tribal governments;
(b) Private and tribal nonprofit businesses, organizations and educational institutions;
(c) Private for profit businesses for career jump placements.
(5) What are the requirements for the work sites?
Work sites for community jobs and career jump:
(a) Must assist in strengthening work ethics, improve workplace skills and help you gain skills to move into a job where the employer pays all your wages. If they do not meet this requirement, they will not be considered for additional community jobs/career jump placements.
(b) We will follow the employment rules described in WAC 388-310-1500. In any situation where training is inconsistent with the terms of a collective bargaining agreement, your community jobs contractor will obtain written approval from the labor organization concerned. Career jump employers will remain neutral with regard to neutralization in the worksite.
(c) You will not be required to do work related to religious, electoral or partisan political activities.
(6) What are the benefits of community jobs?
You benefit from community jobs by:
(a) Learning work skills;
(b) Getting work experience;
(c) Working twenty hours per week, while being paid federal, state, or local minimum wage, whichever is higher; and
(d) Earning paid personal leave as determined by commerce.
(7) How do I get into community jobs?
You will be placed into community jobs after you and your DSHS case manager decide:
(a) You would benefit from community jobs after you have participated in job search without finding a job; and/or
(b) You need a supportive work environment to help you become more employable.
(8) What happens after I am placed in the community jobs program?
When you are placed in the community jobs program by DSHS:
(a) You will be assigned to a community job by the community jobs contractor for no more than nine months. You will work twenty hours a week and participate in any other unpaid activities as required in your individual responsibility plan for:
(i) Three additional hours per week when you are a single parent or caretaker relative with a child under six.
(ii) Twelve to twenty additional hours per week when you do not meet the criteria in (8)(a)(i).
(b) Your placement in community jobs will be reviewed by your DSHS case manager every three months during your nine-month placement for the following:
(i) To ensure you are TANF/SFA eligible; and
(ii) To verify any earned or unearned income received by you or another member of your assistance unit (that is, you and other people in your household who are included on your cash grant).
(c) Your community jobs contractor will review your case each month to ensure you are following your IRP and IDP, participating full time, and becoming more employable because of your community job;
(d) If you request a different community jobs placement, we do not consider your request a refusal to participate without good cause under WAC 388-310-1600. You may be asked to explain why you want a different placement;
(e) Grievance policies are in place for your protection. You will be required to sign an acknowledgment that you received a copy of this policy at the time of placement with the employer.
(9) How does community jobs affect my TANF benefits?
The amount of your TANF/SFA monthly grant will be determined by following the rules in WAC 388-450-0050 and 388-450-0215 (1), (3), (4), (5) and (6). WAC 388-450-0215(2), does not apply to your community jobs wages.
(10) What can I expect from my career jump placement?
(a) You cannot represent more than ten percent of the total labor force for an employer that has ten or more employees.
(b) No more than one community jobs participant shall be allowed per private for profit worksite supervisor.
(c) You will participate in developing a career progression plan that will include health care benefits comparable to other employees.
(d) Your employer and your community jobs contractor will be required to follow commerce's contractual agreements for career jump.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.08A.320. WSR 20-18-013, § 388-310-1300, filed 8/21/20, effective 9/21/20; WSR 15-24-057, § 388-310-1300, filed 11/24/15, effective 1/1/16. Statutory Authority: RCW 49.46.120, 74.04.050, 74.04.057, 74.04.500, 74.04.510, 74.08.090, 74.08A.120, and chapters 74.08A and 74.12 RCW. WSR 15-17-090, § 388-310-1300, filed 8/18/15, effective 10/1/15. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and chapters 74.08A and 74.12 RCW. WSR 10-22-062, § 388-310-1300, filed 10/29/10, effective 12/1/10. Statutory Authority: RCW 74.08.090, 74.04.050, 74.08A.330, and 74.08A.320. WSR 02-20-073, § 388-310-1300, filed 9/30/02, effective 10/1/02. Statutory Authority: RCW 74.08.090 and 74.04.050. WSR 99-08-051, § 388-310-1300, filed 4/1/99, effective 5/2/99. Statutory Authority: RCW 74.08.090, 74.04.050 and 74.08A.320. WSR 98-10-054, § 388-310-1300, filed 4/30/98, effective 5/31/98.]



PDF388-310-1400

WorkFirst—Community service.

(1) What is community service?
Community service is unpaid work (such as the work performed by volunteer workers) that:
(a) You perform for a charitable nonprofit organization, federal, state, local or tribal government or district, including traditional activities that perpetuate tribal culture and customs; or
(b) You self-initiate at a childcare or preschool facility licensed under chapter 43.215 RCW, or at an elementary school in which your child is enrolled.
(2) What other activities may be approved, even though they are not considered community service, because they benefit me, my family, my community or my tribe and might be included in my individual responsibility plan?
(a) Caring for a disabled family member;
(b) Caring for a child, if you are fifty-five years old or older and receiving TANF or SFA assistance for the child as a relative (instead of as the child's parent);
(c) Providing childcare for another WorkFirst participant who is doing community service;
(d) Actively participating in a drug or alcohol assessment or treatment program which is certified or contracted by the state under chapter 70.96A RCW;
(e) Participating in family violence counseling or drug or alcohol treatment that will help you become employable or keep your job (this is called "specialized services" in state law);
(f) Participating in the pregnancy to employment pathway; and/or
(g) Job preparation.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.250, and 2011 c 42. WSR 11-23-011, § 388-310-1400, filed 11/7/11, effective 12/8/11. Statutory Authority: RCW 74.04.050, 74.04.055, 74.08.090. WSR 08-07-046, § 388-310-1400, filed 3/14/08, effective 5/1/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. WSR 05-13-030, § 388-310-1400, filed 6/3/05, effective 7/4/05. Statutory Authority: RCW 74.08.090, 74.04.050. WSR 00-06-062, § 388-310-1400, filed 3/1/00, effective 3/1/00; WSR 99-10-027, § 388-310-1400, filed 4/28/99, effective 5/29/99; WSR 97-20-129, § 388-310-1400, filed 10/1/97, effective 11/1/97.]



PDF388-310-1450

Pregnancy to employment.

(1) How do I know if I am eligible to participate in pregnancy to employment?
If you are on temporary assistance for needy families (TANF) or state family assistance (SFA) and are pregnant or have a child under the age of two years, you are a participant in the pregnancy to employment pathway.
(2) What services are provided to the pregnancy to employment pathway?
(a) The pregnancy to employment pathway provides you with services, when available in your community, to help you learn how to work, look for work, or prepare for work while still meeting your child's needs. You and your WorkFirst worker will decide which variety of services you need, such as:
(i) Parenting education or parenting skills training;
(ii) Safe and appropriate child care;
(iii) Mental health treatment;
(iv) Chemical dependency treatment;
(v) Domestic violence services; or
(vi) Employment services.
(b) The WorkFirst worker will contact you every three months to offer you services if you are not required to participate and choose to claim the infant exemption.
(3) What am I required to do while I am in the pregnancy to employment pathway?
You must participate in an assessment with a DSHS social service specialist and based on the results you will:
(a) Work with your WorkFirst worker to decide which required activities best meet your needs (these activities will depend on where you are in the pregnancy or the age of your child and will be added to your individual responsibility plan (IRP)); and
(b) Be required to participate in the activities identified in your IRP.
(4) What am I required to do while I am pregnant?
Based upon the results of your assessment, your participation:
(a) During your first and second trimester of pregnancy will be full-time work, looking for work, or preparing for work unless you have a good reason to participate fewer hours as described under WAC 388-310-1600.
(b) During your third trimester of pregnancy will be up to twenty hours per week in parenting education, parenting skills training, mental health treatment, chemical dependency treatment, or any combination of these, if:
(i) The comprehensive evaluation or assessment indicates a need; and
(ii) Services are available in your community.
(5) What am I required to do after my child is born?
After the birth of your child, you may choose to take the infant exemption under WAC 388-310-0300 or volunteer to participate in WorkFirst activities to the fullest of your abilities under WAC 388-310-0400.
(6) What if I have used my twenty-four month lifetime infant exemption?
If you have another child after using all twenty-four months of the infant exemption, you will be:
(a) Eligible for a twelve-week postpartum deferral period to personally take care of an infant less than twelve weeks of age but will be required to participate up to twenty hours per week in parenting education, parenting skills training, mental health treatment, chemical dependency treatment, or any combination of these, if the comprehensive evaluation or assessment indicates a need and services are available in your community.
(b) Required to participate full time, unless otherwise exempt or you have good reason to participate fewer hours, once your child turns twelve weeks old in one or more of the following activities:
(i) Work;
(ii) Looking for work;
(iii) Preparing for work by participating in a combination of activities based upon the results of your assessment.
(7) Will I be sanctioned if I refuse to participate?
(a) You are required to participate in the WorkFirst program under WAC 388-310-0200 subject to sanction under WAC 388-310-1600 unless you have good reason and you:
(i) Are in your third trimester of pregnancy;
(ii) Have not used up your twenty-four month lifetime infant exemption and have a child under the age of two years old; or
(iii) Have used up your twenty-four month lifetime infant exemption and have a child under twelve weeks.
(b) You may be sanctioned if you stop participating in required parenting education, parenting skills training, mental health or chemical dependency treatment when you are in your third trimester, claiming the infant exemption, or using a twelve-week postpartum deferral period.
[Statutory Authority: RCW 74.08A.270, 74.04.050, 74.04.055, 74.04.057, 74.08.090, and chapter 74.12 RCW. WSR 18-03-059, § 388-310-1450, filed 1/10/18, effective 2/10/18. Statutory Authority: RCW 74.08A.270, 74.04.050, 74.08.090, and 74.04.055. WSR 15-09-037, § 388-310-1450, filed 4/9/15, effective 5/10/15. Statutory Authority: RCW 74.04.050, 74.08.090, 74.04.055 and 2007 c 289. WSR 08-02-055, § 388-310-1450, filed 12/28/07, effective 2/1/08. Statutory Authority: RCW 74.08.090, 74.04.050. WSR 02-14-087, § 388-310-1450, filed 6/28/02, effective 7/29/02; WSR 00-06-062, § 388-310-1450, filed 3/1/00, effective 3/1/00.]



PDF388-310-1500

WorkFirstEmployment conditions.

(1) If I am a mandatory participant, are there any limitations on the type of paid or unpaid employment I must accept?
If you are a mandatory participant, you must accept paid or unpaid employment (including any activity in which an employer-employee relationship exists) unless the employment:
(a) Is not covered by industrial insurance (described in state law under Title 51 RCW) unless you are employed by a tribal government or a tribal private for-profit business;
(b) Is available because of a labor dispute;
(c) Has working hours or conditions that interfere with your religious beliefs or practices (and a reasonable accommodation cannot be made);
(d) Does not meet federal, state or tribal health and safety standards; or
(e) Has unreasonable work demands or conditions, such as working for an employer who does not pay you on schedule.
(2) Are there any additional limitations on when I can be required to accept paid employment?
You must accept paid employment unless the job or the employer:
(a) Pays less than the federal, state, local, or tribe minimum wage, whichever is higher;
(b) Does not provide unemployment compensation coverage (described in state law under Title 50 RCW) unless you:
(i) Work for a tribal government or tribal for-profit business; or
(ii) Are a treaty fishing rights related worker (and exempt under section 7873 of the Internal Revenue code);
(c) Requires you to resign or refrain from joining a legitimate labor organization; or
(d) Does not provide you benefits that are equal to those provided to other workers employed in similar jobs.
(3) How many hours of unpaid employment can I be required to perform?
You can be required to work a set number of hours of unpaid employment each month. The number of hours required will not be more than your TANF, SFA or GA-S cash grant plus Basic Food benefits, divided by the state or local, whichever is higher, minimum wage.
(4) What safeguards are in place to make sure I am not used to displace currently employed workers?
The following safeguards are in place to make sure you are not used to displace currently employed workers:
(a) You cannot be required to accept paid or unpaid employment which:
(i) Results in another employee's job loss, reduced wages, reduced hours of employment or overtime or lost employment benefits;
(ii) Impairs existing contracts for services or collective bargaining agreements;
(iii) Puts you in a job or assignment, or uses you to fill a vacancy, when:
(A) Any other person is on lay off from the same (or very similar) job within the same organizational unit; or
(B) An employer ends the job of a regular employee (or otherwise reduces its workforce) so you can be hired.
(iv) Reduces current employees' opportunities for promotions.
(b) If a regular employee believes your subsidized or unpaid work activity (such as a community jobs or work experience position) violates any of the rules described above, this employee (or his or her representative) has the right to:
(i) A grievance procedure (described in WAC 388-426-0005); and
(ii) A fair hearing (described in chapter 388-02 WAC).
(5) What other rules apply specifically to subsidized or on-the-job training positions?
If you are in a subsidized or on-the-job training position:
(a) WorkFirst state agencies must stop paying your wage or on-the-job training subsidy to your employer if your employer's worksite or operation becomes involved in a strike, lockout or bona fide labor dispute.
(b) If your wage subsidy or on-the-job training agreement is ended (and we stop paying any subsidies to your employer) because you were used to displace another employee, it will be up to you and the employer to decide whether you can (or want to) keep working there.
[Statutory Authority: RCW 49.46.120, 74.04.050, 74.04.057, 74.04.500, 74.04.510, 74.08.090, 74.08A.120, and chapters 74.08A and 74.12 RCW. WSR 15-17-090, § 388-310-1500, filed 8/18/15, effective 10/1/15. Statutory Authority: RCW 74.04.050, 74.04.055, 74.08.090. WSR 08-07-046, § 388-310-1500, filed 3/14/08, effective 5/1/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057. WSR 04-05-010, § 388-310-1500, filed 2/6/04, effective 3/8/04. Statutory Authority: RCW 74.08.090 and 74.04.050. WSR 99-10-027, § 388-310-1500, filed 4/28/99, effective 5/29/99; WSR 97-20-129, § 388-310-1500, filed 10/1/97, effective 11/1/97.]



PDF388-310-1600

WorkFirst—Sanctions.

(1) What WorkFirst requirements do I have to meet?
You must do the following when you are a mandatory WorkFirst participant:
(a) Give the department the information we need to develop your individual responsibility plan (IRP) (see WAC 388-310-0500);
(b) Show that you are participating fully to meet all of the requirements listed on your individual responsibility plan;
(c) Go to scheduled appointments listed in your individual responsibility plan;
(d) Follow the participation and attendance rules of the people who provide your assigned WorkFirst services or activities; and
(e) Accept available paid employment when it meets the criteria in WAC 388-310-1500.
(2) What happens if I don't meet WorkFirst requirements?
(a) If you do not meet WorkFirst requirements, we will send you a letter telling you what you did not do, and inviting you to a noncompliance case staffing. The letter will also schedule a home visit that will happen if you don't attend your noncompliance case staffing. We may schedule an alternative meeting, instead of a home visit, when there are safety or access issues.
(i) A noncompliance case staffing is a meeting with you, your case manager, and other people who are working with your family, such as representatives from tribes, community or technical colleges, employment security, the children's administration, family violence advocacy providers or limited-English proficient (LEP) pathway providers to review your situation and compliance with your participation requirements.
(ii) You will be notified when your noncompliance case staffing is scheduled so you can attend.
(iii) You may invite anyone you want to come with you to your noncompliance case staffing.
(b) You will have ten days to contact us so we can talk with you about your situation. You can contact us in writing, by phone, by going to the noncompliance case staffing appointment described in the letter, or by asking for an individual appointment.
(c) If you do not contact us within ten days, we will make sure you have been screened for family violence and other barriers to participation and that we provided necessary supplemental accommodations as required by chapter 388-472 WAC. We will use existing information to decide whether:
(i) You were unable to do what was required; or
(ii) You were able, but refused, to do what was required.
(d) If you had a good reason not to do a required activity we will work with you and may change the requirements in your individual responsibility plan if a different WorkFirst activity would help you move towards independence and employment sooner. If you have been unable to meet your WorkFirst requirements because of family violence, you and your case manager will develop an individual responsibility plan to help you with your situation, including referrals to appropriate services.
(e) If you do not attend your noncompliance case staffing, and we determine you did not have a good reason, we will conduct the home visit (or alternative meeting) to review your circumstances and discuss next steps and options.
(3) What is considered a good reason for not doing what WorkFirst requires?
You have a good reason if you were not able to do what WorkFirst requires (or get an excused absence, described in WAC 388-310-0500(5)) due to a significant problem or event outside your control. Some examples of good reasons include, but are not limited to:
(a) You had an emergent or severe physical, mental or emotional condition, confirmed by a licensed health care professional that interfered with your ability to participate;
(b) You were threatened with or subjected to family violence;
(c) You could not locate child care for your children under thirteen years that was:
(i) Affordable (did not cost you more than your copayment would under the working connections child care program in chapter 110-15 WAC);
(ii) Appropriate (licensed, certified or approved under federal, state or tribal law and regulations for the type of care you use and you were able to choose, within locally available options, who would provide it); and
(iii) Within a reasonable distance (within reach without traveling farther than is normally expected in your community).
(d) You could not locate other care services for an incapacitated person who lives with you and your children.
(e) You had an immediate legal problem, such as an eviction notice; or
(f) You are a person who gets necessary supplemental accommodation (NSA) services under chapter 388-472 WAC and your limitation kept you from participating. If you have a good reason because you need NSA services, we will review your accommodation plan.
(4) What happens in my noncompliance case staffing?
(a) At your noncompliance case staffing we will ensure you were offered the opportunity to participate and discuss with you:
(i) Whether you had a good reason for not meeting WorkFirst requirements.
(ii) What happens if you are sanctioned;
(iii) How you can participate and get out of sanction status;
(iv) How you and your family benefit when you participate in WorkFirst activities;
(v) That your case may be closed after you have been in sanction status for two months in a row;
(vi) How you plan to care for and support your children if your case is closed. We will also discuss the safety of your family, as needed, using the guidelines under RCW 26.44.030; and
(vii) How to reapply if your case is closed.
(b) If you do not come to your noncompliance case staffing, we will make a decision based on the information we have and send you a letter letting you know whether we found that you had a good reason for not meeting WorkFirst requirements.
(5) What happens if we do a home visit because you didn't attend your noncompliance case staffing?
If you didn't attend your noncompliance case staffing, and we determined you did not have a good reason for failure to meet WorkFirst requirements, we will attempt to contact you during your scheduled home visit (or alternative meeting).
(a) If we are able to contact you, we will review the information that we planned to discuss at your noncompliance case staffing, including whether you had a good reason for failing to meet WorkFirst requirements and how you can participate and get out of sanction status. If you don't have a good reason, we will follow the process to place you in sanction status.
(b) If we are unable to contact you, we will follow the process to place you in sanction status based on the determination we made at your noncompliance case staffing.
(6) What if we decide that you did not have a good reason for not meeting WorkFirst requirements?
(a) Before you are placed in sanction, a supervisory level employee will review your case to make sure:
(i) You knew what was required;
(ii) You were told how to end your sanction;
(iii) We tried to talk to you and encourage you to participate; and
(iv) You were given a chance to tell us if you were unable to do what we required.
(b) If we decide that you did not have a good reason for not meeting WorkFirst requirements, and a supervisory level employee approves the sanction and sanction penalties, we will send you a letter that tells you:
(i) What you failed to do;
(ii) That you are in sanction status;
(iii) Penalties that will be applied to your grant;
(iv) When the penalties will be applied;
(v) How to request an administrative hearing if you disagree with this decision; and
(vi) How to end the penalties and get out of sanction status.
(c) If your case is closed because you failed to attend your noncompliance case staffing and home visit (or alternative meeting), this information will be included in your termination letter.
(d) We will also provide you with information about resources you may need if your case is closed. If you are sanctioned, then we will actively attempt to contact you another way so we can talk to you about the benefits of participation and how to end your sanction.
(7) What is sanction status?
When you are a mandatory WorkFirst participant, you must follow WorkFirst requirements to qualify for your full grant. If you or someone else on your grant doesn't do what is required and you can't prove that you had a good reason, you are placed in WorkFirst sanction status.
(8) Are there penalties when you or someone in your household goes into sanction status?
When you or someone in your household is in sanction status, we impose penalties. The penalties last until you or the household member meet WorkFirst requirements. There are different penalties depending on if you attended your noncompliance case staffing or home visit (or alternative meeting). Your household will only enter sanction status if we determine that you or someone else in your household did not have a good reason for failing to meet the WorkFirst requirements.
(a) If you attended your noncompliance case staffing or home visit (or alternative meeting) and entered sanction status, you will receive a grant reduction sanction penalty.
(i) Your grant is reduced by one person's share or forty percent, whichever is more.
(ii) The reduction is effective the first of the month following ten-day notice from the department; and
(iii) Your case may be closed effective the first of the month after your grant has been reduced for two months in a row.
(b) If you did not attend your noncompliance case staffing or home visit (or alternative meeting) and entered sanction status you will receive a case closure sanction penalty.
(i) Your case may be closed the first of the month following the ten-day notice from the department.
(ii) If your case is reopened under subsection (14)(b), you will remain in sanction status and receive a grant reduction sanction penalty.
(A) Your grant is reduced by one person's share or forty percent, whichever is more.
(B) The reduction is effective the first of the month that your grant is reopened; and
(C) Your case may be closed effective the first of the month after your grant has been reduced for two months in a row.
(9) What happens before your case is closed due to sanction?
Before we close your case due to sanction status, we will send you a letter to tell you:
(a) What you failed to do;
(b) When your case will be closed;
(c) How you can request an administrative hearing if you disagree with this decision;
(d) How you can end your penalties and keep your case open (if you are able to participate for four weeks in a row before we close your case); and
(e) How your participation before your case is closed can be used to meet the participation requirement in subsection (13).
(10) What happens if my sanction grant reduction penalty started before November 1, 2014?
If you are in sanction and entered sanction before November 1, 2014, your case may be closed after you have been in sanction for four months in a row.
(11) How do I end the penalties and get out of sanction status?
To end the penalties and get out of sanction status:
(a) You must provide the information we requested to develop your individual responsibility plan; and/or
(b) Start and continue to do your required WorkFirst activities for four weeks in a row (that is, twenty-eight calendar days). The four weeks starts on the day you complete your comprehensive evaluation and you agree to your individual responsibility plan activities.
(12) What happens when I get out of sanction status before my case is closed?
When you get out of sanction status before your case is closed, your grant will be restored to the level you are eligible for beginning the first of the month following your four weeks of participation. For example, if you finished your four weeks of participation on June 15, your grant would be restored on July 1.
(13) What if I reapply for TANF or SFA and I was in sanction status when my case closed?
If your case closed due to sanction, you will need to follow the sanction reapplication process in subsection (14). If your case closed for another reason while you were in sanction status and is reopened, you will reopen in month two of sanction status.
(14) What if I reapply for TANF or SFA after my case is closed due to sanction?
(a) Except as specified in subsection (14)(b) if you reapply for TANF or SFA after your case is closed due to sanction, you must participate for four weeks in a row before you can receive cash. Once you have met your four week participation requirement, your cash benefits will start, going back to the date we had all the other information we needed to make an eligibility decision.
(b) We will take the actions below if you received the sanction penalty in subsection (8)(b), you reapply for TANF or SFA after your case is closed due to sanction and you complete the interview required under WAC 388-452-0005 by the end of the month that your benefits stopped. For example, if your benefits stop effective July 1, you must reapply and complete the interview by July 31. If you meet this timeframe:
(i) We will undo your case closure sanction penalty; and
(ii) If you are determined eligible, we will reopen your grant in sanction status with a grant reduction sanction penalty, going back to the effective date of your case closure.
[Statutory Authority: RCW 41.05.021, 74.04.050, 74.04.055, 74.04.057, 74.08.025, 74.08.090, 74.09.035, 74.09.530, 74.62.030, chapters 74.08A, and 74.12 RCW. WSR 20-05-046, § 388-310-1600, filed 2/13/20, effective 3/15/20. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08.025, chapters 74.08A and 74.12 RCW, and 2014 c 221. WSR 14-20-104, § 388-310-1600, filed 9/30/14, effective 11/1/14. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.025, 74.08.090, chapters 74.08A and 74.12 RCW, and 2011 c 42. WSR 11-22-042, § 388-310-1600, filed 10/27/11, effective 12/1/11. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and chapters 74.08A and 74.12 RCW. WSR 10-24-069, § 388-310-1600, filed 11/30/10, effective 12/31/10. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 34.05.310, and chapters 74.08A and 74.12 RCW. WSR 10-12-044, § 388-310-1600, filed 5/26/10, effective 7/1/10. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 34.05.310 (4)(c). WSR 08-15-136, § 388-310-1600, filed 7/22/08, effective 8/22/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.500, 74.04.510, 74.08.090. WSR 07-09-081, § 388-310-1600, filed 4/17/07, effective 6/1/07. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.260, chapter 74.08A RCW. WSR 06-10-035, § 388-310-1600, filed 4/27/06, effective 6/1/06. Statutory Authority: RCW 74.08.090, 74.04.050, and 74.08A.340. WSR 04-07-025, § 388-310-1600, filed 3/8/04, effective 5/1/04. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. WSR 02-15-067, § 388-310-1600, filed 7/11/02, effective 8/1/02. Statutory Authority: RCW 74.08.090 and 74.04.050. WSR 99-10-027, § 388-310-1600, filed 4/28/99, effective 5/29/99; WSR 98-23-037, § 388-310-1600, filed 11/10/98, effective 12/11/98; WSR 97-20-129, § 388-310-1600, filed 10/1/97, effective 11/1/97.]



PDF388-310-1700

WorkFirst—Self-employment.

(1) What is self-employment?
When you work for yourself and do not have an employer, you are self-employed.
(2) When can I be deferred from job search to pursue self-employment?
(a) To be deferred from job search for self-employment, you must meet all the conditions below:
(i) You must be working at least thirty-two hours a week at your business;
(ii) Your business must generate income for you that is equal to the federal minimum wage times thirty-two hours per week after your business expenses are subtracted.
(iii) Your case manager will refer you to a local business resource center, and they must approve your self-employment plan;
(b) If you do not meet all these conditions, you may still be self-employed, but you will also need to participate in job search or other WorkFirst activities.
(3) What self-employment services can I get?
If you are a mandatory participant and have an approved self-employment plan in your individual responsibility plan, you may get the following self-employment services:
(a) A referral to community resources for technical assistance with your business plan.
(b) Small business training courses through local community organizations or technical and community colleges.
(c) Information on affordable credit, business training and ongoing technical support.
(4) What support services may I receive?
If you have an approved self-employment plan in your individual responsibility plan all support services are available.
(5) Can I get childcare?
Childcare is available if you have an approved self-employment plan in your individual responsibility plan. (See chapter 110-15 WAC for working connections child care program rules.)
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, 74.08A.120, and 74.08A.250. WSR 20-22-020, § 388-310-1700, filed 10/23/20, effective 11/23/20. Statutory Authority: RCW 74.04.050, 74.04.055, 74.08.090. WSR 08-07-046, § 388-310-1700, filed 3/14/08, effective 5/1/08. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. WSR 02-15-067, § 388-310-1700, filed 7/11/02, effective 8/1/02. Statutory Authority: RCW 74.08.090 and 74.04.050. WSR 99-10-027, § 388-310-1700, filed 4/28/99, effective 5/29/99; WSR 97-20-129, § 388-310-1700, filed 10/1/97, effective 11/1/97.]



PDF388-310-1800

WorkFirst—Post employment services.

(1) What is the purpose of post employment services?
Post employment services help TANF or SFA parents who are working twenty hours or more a week keep and cope with their current jobs, look for better jobs, gain work skills for a career and become self sufficient.
(2) How do I obtain post employment services?
You may obtain post employment services by:
(a) Asking for a referral from the local community service office;
(b) Contacting community or technical colleges; or
(c) Contacting the employment security department.
(3) Who provides post employment services and what kind of services do they provide?
(a) The employment security department may help you increase your wages, increase your job skills or find a better job by providing you with:
(i) Employment and career counseling;
(ii) Labor market information;
(iii) Job leads for a better job (sometimes called job development);
(iv) On the job training;
(v) Help with finding a job that matches your interests, abilities and skills (sometimes called job matching); and
(vi) Help with finding a new job after job loss (sometimes called reemployment).
(b) Any Washington state technical and community college may approve a skill-training program for you that will help you advance up the career ladder. Their staff will talk to you, help you decide what training would work best for you and then help you get enrolled in these programs. The college may approve the following types of training for you at any certified institution:
(i) High school/GED;
(ii) Vocational education training;
(iii) Job skills training;
(iv) Adult basic education;
(v) English as a second language training; or
(vi) Preemployment training.
(4) What other services are available while you receive post employment services?
While you receive post employment services, you may qualify for:
(a) Working connections childcare, if you meet the criteria for this program under chapter 110-15 WAC.
(b) Other support services, such as help in paying for transportation or work expenses if you meet the criteria for this program (WAC 388-310-0800).
(c) Other types of assistance for low-income families such as food stamps or help with getting child support that is due to you and your children.
(5) Who is eligible for post employment services?
If you are a current TANF or SFA recipient, you may qualify for post employment services if you are working twenty hours or more a week, unless you are in sanction status.
(6) What if I lose my job while I am receiving post employment services?
If you now receive TANF or SFA, help is available to you so that you may find another job and continue in your approved post employment services.
(a) The employment security department will provide you with reemployment services.
(b) At the same time, your case manager may approve support services and childcare for you.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, 74.08A.120, and 74.08A.250. WSR 20-22-020, § 388-310-1800, filed 10/23/20, effective 11/23/20. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.500, 74.04.510, 74.08.090, 74.08A.120, and 2011 1st sp.s. c 15. WSR 13-18-004, § 388-310-1800, filed 8/22/13, effective 10/1/13. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. WSR 10-22-061, § 388-310-1800, filed 10/29/10, effective 12/1/10. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 34.05.310 (4)(c). WSR 08-15-136, § 388-310-1800, filed 7/22/08, effective 8/22/08. Statutory Authority: RCW 74.08.090, 74.04.050, 74.08A.340, and 2003 c 10 § 207. WSR 03-21-154, § 388-310-1800, filed 10/22/03, effective 10/27/03. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. WSR 02-15-067, § 388-310-1800, filed 7/11/02, effective 8/1/02. Statutory Authority: RCW 74.08A.340(2), 45 C.F.R. 260.31, RCW 74.08.090, and chapter 74.04 RCW. WSR 00-16-055, § 388-310-1800, filed 7/26/00, effective 8/1/00. Statutory Authority: RCW 74.08.090 and 74.04.050. WSR 99-10-027, § 388-310-1800, filed 4/28/99, effective 5/29/99; WSR 97-20-129, § 388-310-1800, filed 10/1/97, effective 11/1/97.]



PDF388-310-1900

WorkFirst—Services for American Indian tribal members and other American Indians.

(1) When might I be referred to a tribal government?
Your case manager may refer you to a tribal government when you are an American Indian who applies for or receives TANF assistance, and:
(a) You are in the population and service area identified in a tribal government’s federally-approved tribal TANF program; or
(b) The tribal government does not operate its own TANF program, but it works with the local community service office to provide WorkFirst services and activities to meet your needs.
(2) What if I am an American Indian and am not referred to a tribal TANF program or tribal government to receive services?
WorkFirst state agencies and their community partners must give you equitable access to all WorkFirst activities and services.
[Statutory Authority: RCW 74.08.090 and 74.04.050. WSR 99-10-027, § 388-310-1900, filed 4/28/99, effective 5/29/99; WSR 97-20-129, § 388-310-1900, filed 10/1/97, effective 11/1/97.]



PDF388-310-2000

Individual development accounts (IDA).

(1) What are individual development accounts?
Individual development accounts (IDAs) are special savings accounts for people eligible for or receiving TANF or SFA. The IDA's will help families save money for qualified purchases that will help them become financially self-sufficient. Your IDA account may only be used for the following qualified purchase: Acquisition cost for a first home, postsecondary education expenses, or business expenses for self-employment. You may only deposit income that you have earned through work into an IDA, the state matches those funds, helping you reach your goal more quickly.
(2) Who helps you set up an IDA?
The state office of trade and economic development (OTED) administers the IDA program. OTED contracts with local nonprofit agencies to enroll participants in the IDA program, monitor account activity and provide training and other support services while you are enrolled.
(3) Who can enroll in the IDA program?
To enroll in the IDA program, you must receive (or be eligible to receive) TANF or SFA assistance, or post TANF families with income below one hundred seventy-five percent of the federal poverty level. You may remain enrolled in the program for three years from the date of opening your IDA account.
(4) What happens once you enroll in the IDA program?
Once you've enrolled, your IDA contractor will help you develop an individual savings plan that identifies the steps you must take to earn the match. To earn the match you must:
(a) Attend financial skills classes to learn how to manage your personal finances.
(b) Open your savings account at a financial institution that is participating in the IDA program through an agreement with the IDA contractor.
(c) Deposit savings from earned income into your account on at least a quarterly basis.
(5) How are your IDA matching funds handled?
Your matching funds are held in a separate account until you are ready to make a qualified purchase. The IDA contractor provides you with monthly statements showing the amount of matching funds you have earned.
(6) How much money can you save with an IDA?
The state will give you up to two dollars for every dollar you save, up to a maximum match of four thousand dollars. So, if you save two thousand dollars (the maximum amount allowed), you could earn four thousand dollars in match, for a total of six thousand dollars.
(7) When can you withdraw money from your account?
When you have an IDA, you really have two types of accounts: your own savings account and a trust account holding your match funds.
(a) You can withdraw your own savings at any time - it's your money; but you will forfeit any match that was earned on those funds and could jeopardize your ability to stay in the program. You also need to report any withdrawals to your DSHS case manager if you are receiving any type of public assistance benefits.
(b) You cannot withdraw your match until you are ready to purchase your asset and have met all of the requirements in your individual savings plan. At that time, the IDA contractor will withdraw the matching funds and pay them directly to the person or organization that you are purchasing your asset from (such as the mortgage company, college, or bank).
(8) Will having an IDA affect your eligibility for other public assistance programs?
The funds held in your IDA cannot be taken into consideration when determining if you qualify for TANF, Social Security, food stamps, or medicaid. However, if you withdraw savings from your IDA other than to purchase your asset, or if you leave the IDA program early, your eligibility could be affected. See WAC 388-470-0045 for more details about how IDAs affect your eligibility for other types of public assistance benefits.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057. WSR 04-05-010, § 388-310-2000, filed 2/6/04, effective 3/8/04. Statutory Authority: RCW 74.04.050, 74.08.090, 74.08A.220. WSR 01-03-042, § 388-310-2000, filed 1/9/01, effective 2/9/01.]