title: RCW 74.04.180

text:
Public assistance may be administered through a single administrator and a single administrative office for one or more counties. There may be a local office for the transaction of official business maintained in each county.
[ 1959 c 26 s 74.04.180. Prior: 1953 c 174 s 15; 1939 c 216 s 12; RRS s 10007-112a.]

catchline: Joint county administration.


doc_type: statute

jurisdiction: wa

title: RCW 74.04.200

text:
It shall be the duty of the department of social and health services to establish statewide standards which may vary by geographical areas to govern the granting of assistance in the several categories of this title and it shall have power to compel compliance with such standards as a condition to the receipt of state and federal funds by counties for social security purposes.
[ 1981 1st ex.s. c 6 s 4; 1981 c 8 s 4; 1979 c 141 s 302; 1959 c 26 s 74.04.200. Prior: 1939 c 216 s 14; RRS s 10007-114a.]
Notes:
Effective date—Severability—1981 1st ex.s. c 6: See notes following RCW 74.04.005.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Standards—Established, enforced.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 74.04.205

text:
(1) To the maximum extent allowable by federal law, the department shall implement simplified reporting for the food stamp program by October 31, 2004.
(2) For the purposes of this section, "simplified reporting" means the only change in circumstance that a recipient of a benefit program must report between eligibility reviews is an increase of income that would result in ineligibility for the benefit program or a change of address. Every six months the assistance unit must either complete a semiannual report or participate in an eligibility review.
[ 2004 c 54 s 3.]
Notes:
Findings—Conflict with federal requirements—2004 c 54: See notes following RCW 28A.235.160.

catchline: Simplified reporting for the food stamp program.


title: RCW 74.04.210

text:
The moneys appropriated for public assistance purposes and subject to allocation as in this title provided shall be allocated to counties on the basis of past experience and established case load history.
[ 1959 c 26 s 74.04.210. Prior: 1939 c 216 s 15; RRS s 10007-115a.]

catchline: Basis of allocation of moneys to counties.


title: RCW 74.04.225

text:
(1) An online opportunity portal shall be established to provide the public with more effective access to available state, federal, and local services. The secretary of the department of social and health services shall act as the executive branch sponsor of the portal planning process. Under the leadership of the secretary, the department shall:
(a) Identify and select an appropriate solution and acquisition approach to integrate technology systems to create a user-friendly electronic tool for Washington residents to apply for benefits;
(b) Facilitate the adaptation of state information technology systems to allow applications generated through the opportunity portal and other compatible electronic application systems to seamlessly link to appropriate state information systems;
(c) Ensure that the portal provides access to a broad array of state, federal, and local services, including but not limited to: Health care services, higher education financial aid, tax credits, civic engagement, nutrition assistance, energy assistance, family support, and the programs under RCW 74.62.030 and 43.185C.220 and as defined in RCW 10.101.010, 13.34.030, * 70.96A.530, 74.04.005, ** 74.04.652, 74.04.655, 74.04.657, and 74.62.005 through 74.62.030;
(d) Design an implementation strategy for the portal that maximizes collaboration with community-based organizations to facilitate its use by low-income individuals and families;
(e) Provide access to the portal at a wide array of locations including but not limited to: Community or technical colleges, community college campuses where community service offices are colocated, community-based organizations, libraries, churches, food banks, state agencies, early childhood education sites, and labor unions;
(f) Ensure project resources maximize available federal and private funds for development and initial operation of the opportunity portal. Any incidental costs to state agencies shall be derived from existing resources. This subsection does not obligate or preclude the appropriation of future state funding for the opportunity portal;
(g) Determine the solution and acquisition approach by June 1, 2010.
(2) By December 1, 2011, and annually thereafter, the department of social and health services shall report to the legislature and governor. The report shall include data and information on implementation and outcomes of the opportunity portal, including any increases in the use of public benefits and increases in federal funding.
(3) The department shall develop a plan for implementing paperless application processes for the services included in the opportunity portal for which the electronic exchange of application information is possible. The plan should include a goal of achieving, to the extent possible, the transition of these services to paperless application processes by July 1, 2012. The plan must comply with federal statutes and regulations and must allow applicants to submit applications by alternative means to ensure that access to benefits will not be restricted.
(4) To the extent that the department enters into a contractual relationship to accomplish the purposes of this section, such contract or contracts shall be performance-based.
[ 2011 1st sp.s. c 36 s 19; 2010 1st sp.s. c 8 s 2.]
Notes:
Reviser's note: *(1) RCW 70.96A.530 expired June 30, 2013.
**(2) RCW 74.04.652 was repealed by 2012 c 57 s 1.
Findings—Intent—2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date—2011 1st sp.s. c 36: See note following RCW 74.62.005.
Contingent validity—2010 1st sp.s. c 8 s 2: "*If private funding sufficient to implement and operate the portal authorized under section 2 of this act is not secured by December 31, 2010, section 2 of this act is null and void." [ 2010 1st sp.s. c 8 s 36.]
*Reviser's note: The code reviser's office was informed by the department of social and health services that funding was secured to implement this section.
Implementation—2010 1st sp.s. c 8 ss 1-10 and 29: "Sections 1 through 10 and 29 of this act shall be implemented within the amounts appropriated specifically for these purposes in the omnibus operating appropriations act." [ 2010 1st sp.s. c 8 s 37.]
Findings—Intent—2010 1st sp.s. c 8: "(1) The legislature finds that:
(a) Low-income families and individuals often face significant barriers to receiving the services and benefits that they are qualified to receive. These services are essential to meeting individuals' basic needs, and provide critical support to low-income individuals who are working or who have disabilities that prevent them from working;
(b) Each year millions of federal dollars go unclaimed due to underutilization of benefits such as tax credits, health care coverage, and food support;
(c) State agencies have been engaged in an effort to implement an online benefit portal to simplify and streamline access to state, federal, and local benefits that include a broad array of public benefits;
(d) Access to education and training gives low-income individuals and families the opportunity to acquire the skills they need to become successfully employed and attain self-sufficiency; and
(e) Agencies have been engaged in efforts to increase access to training and education for recipients of federal food assistance.
(2) The legislature therefore intends to strengthen existing efforts by providing enhanced structure and direction to ensure that a strong partnership among colleges, state agencies, community partners, and philanthropy be established. The legislature also intends to provide an efficient, effective, integrated approach to the delivery of basic support services and education and training programs. The integrated approach should include the creation of a one-stop-shop, online benefits portal where individuals can apply for a broad array of services, including public benefits and education and training support, and the expansion of the food stamp employment and training program.
(3) The legislature further finds that:
(a) The general assistance program can be reformed to better support the ability of persons who are unable to work due to physical or mental health impairments to either return to work, or transition to federal supplemental security income benefits; and
(b) Persons who are homeless and suffering from mental illness or chemical dependency are particularly vulnerable, because homelessness is a substantial barrier to successful participation in, and completion of, needed treatment services.
(4) Through the reforms included in this act, the legislature intends to end the general assistance program and establish the disability lifeline program, and to implement multiple strategies designed to improve the employment and basic support outcomes of persons receiving disability lifeline benefits. The legislature further intends to focus services on persons who are homeless and have a mental illness or chemical dependency by providing housing vouchers as an alternative to a cash grant so that these persons can be in stable housing and thus have a greater opportunity to succeed in treatment." [ 2010 1st sp.s. c 8 s 1.]
Short title—2010 1st sp.s. c 8: "This act shall be known and cited as the security lifeline act." [ 2010 1st sp.s. c 8 s 33.]
Effective date—2010 1st sp.s. c 8: "Except for section 10 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 29, 2010]." [ 2010 1st sp.s. c 8 s 34.]

catchline: Opportunity portal—Access to available services facilitated—Report to legislature and governor.


title: RCW 74.04.230

text:
Persons eligible for medical care services benefits are eligible for mental health services to the extent that they meet the client definitions and priorities established by chapter 71.24 RCW.
[ 2011 1st sp.s. c 36 s 20; 2010 1st sp.s. c 8 s 20; 1982 c 204 s 16.]
Notes:
Findings—Intent—2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date—2011 1st sp.s. c 36: See note following RCW 74.62.005.
Findings—Intent—Short title—Effective date—2010 1st sp.s. c 8: See notes following RCW 74.04.225.
Sliding-scale fee schedules for clients receiving behavioral health services: RCW 71.24.215.

catchline: Medical care services benefits—Mental health services.


title: RCW 74.04.265

text:
The secretary may issue rules consistent with federal laws and with memorials of the legislature, as will recognize the income of any persons without the deduction in full thereof from the amount of their grants.
[ 1979 c 141 s 303; 1965 ex.s. c 35 s 1; 1959 c 26 s 74.04.265. Prior: 1953 c 174 s 16.]

catchline: Earnings—Deductions from grants.


title: RCW 74.04.266

text:
In determining need for aged, blind, or disabled assistance, and medical care services, the department may by rule and regulation establish a monthly earned income exemption as provided for in RCW 74.08A.230.
[ 2023 c 418 s 8; 2011 1st sp.s. c 36 s 21; 2010 1st sp.s. c 8 s 21; 1977 ex.s. c 215 s 1.]
Notes:
Findings—Intent—2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date—2011 1st sp.s. c 36: See note following RCW 74.62.005.
Findings—Intent—Short title—Effective date—2010 1st sp.s. c 8: See notes following RCW 74.04.225.

catchline: Aged, blind, or disabled assistance—Medical care services—Earned income exemption.


title: RCW 74.04.280

text:
Assistance given under this title shall not be transferable or assignable at law or in equity and none of the moneys received by recipients under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
[ 1959 c 26 s 74.04.280. Prior: 1939 c 216 s 25; RRS s 10007-125a.]

catchline: Assistance nontransferable and exempt from process.


title: RCW 74.04.290

text:
In carrying out any of the provisions of this title, the secretary, the director, county administrators, hearing examiners, or other duly authorized officers of the department or authority shall have power to subpoena witnesses, administer oaths, take testimony and compel the production of such papers, books, records and documents as they may deem relevant to the performance of their duties. Subpoenas issued under this power shall be under RCW 43.20A.605.
[ 2011 1st sp.s. c 15 s 68; 1983 1st ex.s. c 41 s 22; 1979 ex.s. c 171 s 2; 1979 c 141 s 305; 1969 ex.s. c 173 s 2; 1959 c 26 s 74.04.290. Prior: 1939 c 216 s 26; RRS s 10007-126a.]
Notes:
Effective date—Findings—Intent—Report—Agency transfer—References to head of health care authority—Draft legislation—2011 1st sp.s. c 15: See notes following RCW 74.09.010.
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.

catchline: Subpoena of witnesses, books, records, etc.


title: RCW 74.04.300

text:
If a recipient receives public assistance and/or food stamps or food stamp benefits transferred electronically for which the recipient is not eligible, or receives public assistance and/or food stamps or food stamp benefits transferred electronically in an amount greater than that for which the recipient is eligible, the portion of the payment to which the recipient is not entitled shall be a debt due the state recoverable under RCW 43.20B.030 and 43.20B.620 through 43.20B.645. It shall be the duty of recipients of cash benefits to notify the department of changes to earned income as defined in RCW 74.04.005. It shall be the duty of recipients of cash benefits to notify the department of changes to liquid resources as defined in RCW 74.04.005 that would result in ineligibility for cash benefits. It shall be the duty of recipients of food benefits to report changes in income that result in ineligibility for food benefits. All recipients shall report changes required in this section by the tenth of the month following the month in which the change occurs. The department shall make a determination of eligibility within ten days from the date it receives the reported change from the recipient. The department shall adopt rules consistent with federal law and regulations for additional reporting requirements. The department shall advise applicants for assistance that failure to report as required, failure to reveal resources or income, and false statements will result in recovery by the state of any overpayment and may result in criminal prosecution.
[ 2025 c 58 s 2045; 2003 c 208 s 1; 1998 c 79 s 7; 1987 c 75 s 32; 1982 c 201 s 16; 1980 c 84 s 2; 1979 c 141 s 306; 1973 1st ex.s. c 49 s 1; 1969 ex.s. c 173 s 18; 1959 c 26 s 74.04.300. Prior: 1957 c 63 s 3; 1953 c 174 s 35; 1939 c 216 s 27; RRS s 10007-127a.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Savings—1987 c 75: See RCW 43.20B.900.

catchline: Recovery of payments improperly received—Lien—Recipient reporting requirements.


title: RCW 74.04.310

text:
In furthering the purposes of this title, the secretary or any county administrator may accept contributions or gifts in cash or otherwise from persons, associations or corporations, such contributions to be disbursed in the same manner as moneys appropriated for the purposes of this title: PROVIDED, That the donor of such gifts may stipulate the manner in which such gifts shall be expended.
[ 1979 c 141 s 309; 1959 c 26 s 74.04.310. Prior: 1939 c 216 s 28; RRS s 10007-128a.]

catchline: Authority to accept contributions.


title: RCW 74.04.330

text:
Every person, firm, corporation, association or organization receiving twenty-five percent or more of its income from contributions, gifts, dues, or other payments from persons receiving assistance, community work and training, federal-aid assistance, or any other form of public assistance from the state of Washington or any agency or subdivision thereof, and engaged in political or other activities in behalf of such persons receiving such public assistance, shall, within ninety days after the close of each calendar year, make a report to the secretary of social and health services for the preceding year, which report shall contain:
(1) A statement of the total amount of contributions, gifts, dues, or other payments received;
(2) The names of any and all persons, firms, corporations, associations or organizations contributing the sum of twenty-five dollars or more during such year, and the amounts contributed by such persons, firms, corporations, associations, or organizations;
(3) A full and complete statement of all disbursements made during such year, including the names of all persons, firms, corporations, associations, or organizations to whom any moneys were paid, and the amounts and purposes of such payments; and
(4) Every such report so filed shall constitute a public record.
(5) Any person, firm, or corporation, and any officer or agent of any firm, corporation, association or organization, violating this section by failing to file such report, or in any other manner, shall be guilty of a gross misdemeanor.
[ 1979 c 141 s 310; 1963 c 228 s 5; 1959 c 26 s 74.04.330. Prior: 1941 c 170 s 7; Rem. Supp. 1941 s 10007-138.]

catchline: Annual reports by assistance organizations—Penalty.


title: RCW 74.04.340

text:
The state department of social and health services is authorized to assist needy families and individuals to obtain federal surplus commodities for their use, by certifying, when such is the case, that they are eligible to receive such commodities. However, only those who are receiving or are eligible for public assistance or care and such others as may qualify in accordance with federal requirements and standards shall be certified as eligible to receive such commodities.
[ 1979 c 141 s 311; 1959 c 26 s 74.04.340. Prior: 1957 c 187 s 2.]
Notes:
Purchase of federal property: Chapter 39.32 RCW.

catchline: Federal surplus commodities—Certification of persons eligible to receive commodities.


title: RCW 74.04.350

text:
Federal surplus commodities shall not be deemed or construed to be public assistance and care or a substitute, in whole or in part, therefor; and the receipt of such commodities by eligible families and individuals shall not subject them, their legally responsible relatives, their property, or their estates to any demand, claim, or liability on account thereof. A person's need or eligibility for public assistance or care shall not be affected by his or her receipt of federal surplus commodities.
[ 2013 c 23 s 195; 1959 c 26 s 74.04.350. Prior: 1957 c 187 s 3.]

catchline: Federal surplus commodities—Not to be construed as public assistance, eligibility not affected.


title: RCW 74.04.360

text:
Expenditures made by the state department of social and health services for the purpose of certifying eligibility of needy families and individuals for federal surplus commodities shall be deemed to be expenditures for the administration of public assistance and care.
[ 1979 c 141 s 312; 1959 c 26 s 74.04.360. Prior: 1957 c 187 s 4.]

catchline: Federal surplus commodities—Certification deemed administrative expense of department.


title: RCW 74.04.380

text:
The secretary of social and health services, from funds appropriated to the department for such purpose, shall, upon receipt of authorization from the governor, provide for the receiving, warehousing and distributing of federal and other surplus food commodities for the use and assistance of recipients of public assistance or other needy families and individuals certified as eligible to obtain such commodities. The secretary is authorized to enter into such agreements as may be necessary with the federal government or any state agency in order to participate in any program of distribution of surplus food commodities including but not limited to a food stamp or benefit program. The secretary shall hire personnel, establish distribution centers and acquire such facilities as may be required to carry out the intent of this section; and the secretary may carry out any such program as a sole operation of the department or in conjunction or cooperation with any similar program of distribution by private individuals or organizations, any department of the state or any political subdivision of the state.
The secretary shall discontinue such program, or any part thereof, whenever in the determination of the governor such program, or any part thereof, is no longer in the best interest of the state.
[ 1998 c 79 s 8; 1979 c 141 s 313; 1963 c 219 s 1; 1961 c 112 s 1.]

catchline: Federal and other surplus food commodities—Agreements—Personnel—Facilities—Cooperation with other agencies—Discontinuance of program.


title: RCW 74.04.385

text:
It shall be unlawful for any recipient of federal or other surplus commodities received under RCW 74.04.380 to sell, transfer, barter, or otherwise dispose of such commodities to any other person. It shall be unlawful for any person to receive, possess, or use any surplus commodities received under RCW 74.04.380 unless he or she has been certified as eligible to receive, possess, and use such commodities by the state department of social and health services.
Violation of the provisions of RCW 74.04.380 or this section shall constitute a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for not more than six months or by a fine of not more than five hundred dollars or both.
[ 2013 c 23 s 196; 1979 c 141 s 314; 1963 c 219 s 2.]

catchline: Unlawful practices relating to surplus commodities—Penalty.


title: RCW 74.04.480

text:
The state department of social and health services is hereby authorized to promulgate rules and regulations governing the granting to any employee of the department, other than a provisional employee, a leave of absence for educational purposes to attend an institution of learning for the purpose of improving his or her skill, knowledge, and technique in the administration of social welfare programs which will benefit the department.
Pursuant to the rules and regulations of the department, employees of the department who are engaged in the administration of public welfare programs may (1) attend courses of training provided by institutions of higher learning; (2) attend special courses of study or seminars of short duration conducted by experts on a temporary basis for the purpose; (3) accept fellowships or traineeships at institutions of higher learning with such stipends as are permitted by regulations of the federal government.
The department of social and health services is hereby authorized to accept any funds from the federal government or any other public or private agency made available for training purposes for public assistance personnel and to conform with such requirements as are necessary in order to receive such funds.
[ 2013 c 23 s 197; 1979 c 141 s 321; 1963 c 228 s 15.]

catchline: Educational leaves of absence for personnel.


title: RCW 74.04.500

text:
The department is authorized to establish a food stamp or benefit program under the federal food stamp act of 1977, as amended.
[ 1998 c 79 s 9; 1991 c 126 s 3; 1979 c 141 s 322; 1969 ex.s. c 172 s 4.]
Notes:
Overpayment, recovery: RCW 74.04.300.
Unlawful use of food stamps: RCW 9.91.140.

catchline: Food stamp program—Authorized.


title: RCW 74.04.510

text:
The department shall adopt rules conforming to federal laws, rules, and regulations required to be observed in maintaining the eligibility of the state to receive from the federal government and to issue or distribute to recipients, food stamps, coupons, or food stamp or coupon benefits transferred electronically under a food stamp or benefits plan. Such rules shall relate to and include, but shall not be limited to: (1) The classifications of and requirements of eligibility of households to receive food stamps, coupons, or food stamp or coupon benefits transferred electronically; and (2) the periods during which households shall be certified or recertified to be eligible to receive food stamps, coupons, or food stamp or coupon benefits transferred electronically under this plan.
[ 1998 c 79 s 10; 1981 1st ex.s. c 6 s 5; 1981 c 8 s 5; 1969 ex.s. c 172 s 6.]
Notes:
Effective date—Severability—1981 1st ex.s. c 6: See notes following RCW 74.04.005.

catchline: Food stamp program—Rules.


title: RCW 74.04.515

text:
In administering the food stamp or benefits program, there shall be no discrimination against any applicant or recipient by reason of age, sex, disability, religious creed, political beliefs, race, color, or national origin.
[ 2020 c 274 s 59; 1998 c 79 s 11; 1991 c 126 s 4; 1969 ex.s. c 172 s 7.]

catchline: Food stamp program—Discrimination prohibited.


title: RCW 74.04.520

text:
The provisions of RCW 74.04.060 relating to disclosure of information regarding public assistance recipients shall apply to recipients of food stamps or food stamp benefits transferred electronically.
[ 1998 c 79 s 12; 1969 ex.s. c 172 s 8.]

catchline: Food stamp program—Confidentiality.


title: RCW 74.04.535

text:
(1) The department, the employment security department, and the state board for community and technical colleges shall work in partnership to expand the food stamp employment and training program. Subject to federal approval, the program shall be expanded to three additional community colleges or other community-based locations in 2010 and shall expand capacity at participating colleges. To the greatest extent possible, expansion shall be geographically diverse. The agencies shall:
(a) Identify and seek out partnerships with community-based organizations that can provide support services and case management to participants through performance-based contracts in the food stamp employment and training program, and do not replace the positions or work of department employees;
(b) Identify eligible nonfederal matching funds to draw down the federal match for food stamp employment and training services. Matching funds may include: Local funds, foundation grants, employer-paid costs, and the state allocation to community and technical colleges.
(2) Employment and training funds may be allocated for: Educational programs to develop skills for employability, vocational education, English as a second language courses, adult basic education, courses to assist persons to obtain a high school equivalency certificate as described in RCW 28B.50.536, remedial programs, job readiness training, case management, intake, assessment, evaluation, and barrier removal and support services such as tuition, books, child care, transportation, housing, and counseling services.
(3) The department shall annually track and report outcomes including those achieved through performance-based contracts as follows: Federal funding received, the number of participants served, achievement points, the number of participants who enter employment during or after participation in the food stamp employment and training program, and the average wage of jobs attained. The report shall be submitted to the governor and appropriate committees of the legislature on November 1st of each year, beginning in 2010.
(4) For purposes of this section, "food stamp employment and training program" refers to a program established and administered through the employment security department and the department of social and health services.
[ 2013 c 39 s 26; 2010 1st sp.s. c 8 s 3.]
Notes:
Implementation—2010 1st sp.s. c 8 ss 1-10 and 29: See note following RCW 74.04.225.
Findings—Intent—Short title—Effective date—2010 1st sp.s. c 8: See notes following RCW 74.04.225.

catchline: Food stamp employment and training program.


title: RCW 74.04.541

text:
Beginning February 1, 2017, the department must expand the dates it distributes supplemental nutrition assistance program benefits from the first through the tenth of every month, to the first through the twentieth of every month.
[ 2016 c 54 s 1.]

catchline: Supplemental nutrition assistance program benefits—Distribution dates.


title: RCW 74.04.600

text:
The purpose of RCW 74.04.600 through 74.04.650 is to recognize and accept that certain act of congress known as Public Law 92-603 and Public Law 93-66, and to enable the department of social and health services to take advantage of and implement the provisions of that act. The state shall provide assistance to those individuals who were eligible or would have been eligible for benefits under this state's old age assistance, disability assistance, and aid to the blind programs as they were in effect in December, 1973 but who will no longer be eligible for such program due to Title XVI of the Social Security Act.
[ 1973 2nd ex.s. c 10 s 1.]

catchline: Supplemental security income program—Purpose.


title: RCW 74.04.610

text:
Effective January 1, 1974, the financial assistance payments under the federal aid categories of old age assistance, disability assistance, and blind assistance provided in chapters 74.08, *74.10, and 74.16 RCW, respectively, and the corresponding provisions of RCW 74.04.005, shall be terminated and superseded by the national program to provide supplemental security income to individuals who have attained age sixty-five or are blind or disabled as established by Public Law 92-603 and Public Law 93-66: PROVIDED, That the agreements between the department of social and health services and the United States department of health, education and welfare receive such legislative authorization and/or ratification as required by **RCW 74.04.630.
[ 1973 2nd ex.s. c 10 s 2.]
Notes:
Reviser's note: *(1) Chapter 74.10 RCW was repealed by 1981 1st ex.s. c 6 s 28, effective July 1, 1982; chapter 74.16 RCW was repealed by 1983 c 194 s 30, effective June 30, 1983.
**(2) The legislative authorization and/or ratification requirements in RCW 74.04.630 were eliminated by 1986 c 158 s 22.

catchline: Supplemental security income program—Termination of federal financial assistance payments—Supersession by supplemental security income program.


title: RCW 74.04.620

text:
(1) The department is authorized to establish a program of state supplementation to the national program of supplemental security income consistent with Public Law 92-603 and Public Law 93-66 to those persons who are in need thereof in accordance with eligibility requirements established by the department.
(2) The department is authorized to establish reasonable standards of assistance and resource and income exemptions specifically for such program of state supplementation which shall be consistent with the provisions of the Social Security Act.
(3) The department is authorized to make payments to applicants for supplemental security income, pursuant to agreements as provided in Public Law 93-368, who are otherwise eligible for aged, blind, or disabled assistance.
(4) Any agreement between the department and a supplemental security income applicant providing for the reimbursement of interim assistance to the department shall provide, if the applicant has been represented by an attorney, that twenty-five percent of the reimbursement received shall be withheld by the department and all or such portion thereof as has been approved as a fee by the United States department of health and human services shall be released directly to the applicant's attorney. The secretary may maintain such records as are deemed appropriate to measure the cost and effectiveness of such agreements and may make recommendations concerning the continued use of such agreements to the legislature.
[ 2011 1st sp.s. c 36 s 22; 2010 1st sp.s. c 8 s 22; 1983 1st ex.s. c 41 s 37; 1981 1st ex.s. c 6 s 7; 1981 c 8 s 6; 1973 2nd ex.s. c 10 s 3.]
Notes:
Findings—Intent—2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date—2011 1st sp.s. c 36: See note following RCW 74.62.005.
Findings—Intent—Short title—Effective date—2010 1st sp.s. c 8: See notes following RCW 74.04.225.
Retroactive application—1983 1st ex.s. c 41 s 37: "Section 37, chapter 41, Laws of 1983 1st ex. sess. shall be applied retroactively by the department of social and health services to all reimbursement of interim assistance received on or after August 23, 1983, so long as the attorney of the applicant for whom reimbursement is received began representing the applicant on or after August 23, 1983." [ 1985 c 100 s 1.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
Effective date—Severability—1981 1st ex.s. c 6: See notes following RCW 74.04.005.

catchline: State supplement to national program of supplemental security income—Authorized—Reimbursement of interim assistance, attorneys' fees.


title: RCW 74.04.630

text:
The department may enter into contractual agreements with the United States department of health, education and welfare, consistent with the provisions of Public Laws 92-603 and 93-66, and to be effective January 1, 1974, for the purpose of enabling the secretary of the department of health, education and welfare to perform administrative functions of state supplementation to the national supplemental security income program and the determination of medicaid eligibility on behalf of the state. The department is authorized to transfer and make payments of state funds to the secretary of the department of health, education and welfare as required by Public Laws 92-603 and 93-66. These agreements shall be submitted for review and comment to the social and health services committees of the senate and house of representatives. The department of social and health services shall administer the state supplemental program as established in RCW 74.04.620.
[ 2001 2nd sp.s. c 5 s 1; 1986 c 158 s 22; 1973 2nd ex.s. c 10 s 4.]

catchline: State supplementation to national program of supplemental security income—Contractual agreements with federal government.


title: RCW 74.04.635

text:
(1) Notwithstanding any other provision of law, any person receiving benefits under RCW 74.04.620 on December 14, 1999, and who meets the requirements of subsection (2) of this section is eligible to receive benefits under this section although he or she does not retain a residence in the state and returns to the Republic of the Philippines, if he or she maintains a permanent residence in the Republic of the Philippines without any lapse of his or her presence in the Republic of the Philippines.
(2) A person subject to subsection (1) of this section is eligible to receive benefits pursuant to this section if he or she was receiving benefits pursuant to RCW 74.04.620 on December 14, 1999, and meets both the following requirements:
(a) He or she is a veteran of World War II; and
(b)(i) He or she was a member of the government of the Commonwealth of the Philippines military forces who was in the service of the United States on July 26, 1941, or thereafter; or
(ii) He or she was a Regular Philippine Scout who enlisted in Filipino-manned units of the United States army prior to October 6, 1945; or
(iii) He or she was a member of the Special Philippine Scouts who enlisted in the United States Armed Forces between October 6, 1945, and June 30, 1947.
(3) Within funds appropriated for this purpose, the department is authorized to make a one-time lump sum payment of one thousand five hundred dollars to each person eligible for benefits under this section.
(a) Benefits paid under this section are in lieu of benefits paid under RCW 74.04.620 for the period for which the benefits are paid.
(b) Benefits are to be paid under this section for any period during which the recipient is receiving benefits under Title 8 of the federal social security act as a result of the application of federal Public Law 106-169, subject to any limitations imposed by this section.
(4) This section applies only to an individual who returns to the Republic of the Philippines for the period during which the individual establishes and maintains a residence in the Republic of the Philippines.
[ 2001 c 111 s 2.]
Notes:
Findings—2001 c 111: "The legislature finds and declares:
(1) That soldiers who were members of the government of the Commonwealth of the Philippines military forces who were in the service of the United States of America on July 31, 1941, including the organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief of the Southwest Pacific Area or other competent authority in the Army of the United States, performed an invaluable function during World War II.
(2) It is in the public interest for the state of Washington to recognize those courageous soldiers who fought and defended American interests during World War II and who are currently receiving supplemental state benefits under RCW 74.04.620 as of December 14, 1999, by permitting them to return to their homeland to spend their last days without a complete forfeiture of benefits." [ 2001 c 111 s 1.]

catchline: State supplement to national program of supplemental security income—World War II Philippine veterans.


title: RCW 74.04.640

text:
Referrals to the state department of social and health services for vocational rehabilitation made in accordance with section 1615 of Title XVI of the Social Security Act, as amended, shall be accepted by the state.
The department shall be reimbursed by the secretary of the department of health, education and welfare for the costs it incurs in providing such vocational rehabilitation services.
[ 1973 2nd ex.s. c 10 s 5.]

catchline: Acceptance of referrals for vocational rehabilitation—Reimbursement.


title: RCW 74.04.650

text:
Notwithstanding any other provisions of RCW 74.04.600 through 74.04.650, those individuals who have been receiving supplemental security income assistance and failed to comply with any federal requirements, including those relating to drug abuse and alcoholism treatment and rehabilitation, shall be ineligible for state assistance.
[ 1981 1st ex.s. c 6 s 8; 1981 c 8 s 7; 1973 2nd ex.s. c 10 s 6.]
Notes:
Effective date—Severability—1981 1st ex.s. c 6: See notes following RCW 74.04.005.

catchline: Individuals failing to comply with federal requirements.


title: RCW 74.04.655

text:
(1) The economic services administration shall work jointly with the division of vocational rehabilitation to develop an assessment tool that must be used to determine whether the programs offered by the division of vocational rehabilitation could assist persons receiving benefits under RCW 74.62.030 and 43.185C.220 in returning to the workforce. The assessment tool shall be completed no later than December 1, 2010. The economic services administration shall begin using the tool no later than January 1, 2011. No later than December 30, 2011, the department shall report on the use of the tool and to what extent the programs offered by the division of vocational rehabilitation have been successful in returning persons receiving aged, blind, or disabled benefits to the workforce.
(2) After January 1, 2011, all persons receiving benefits under RCW 74.62.030 and 43.185C.230 shall be assessed to determine whether they would likely benefit from a program offered by the division of vocational rehabilitation. If the assessment indicates that the person might benefit, the economic services administration shall make a referral to the division of vocational rehabilitation. If the person is found eligible for a program with the division of vocational rehabilitation, he or she must participate in that program to remain eligible for the monthly stipend and housing voucher or a cash grant. If the person refuses to participate or does not complete the program, the department shall terminate the cash stipend and housing voucher or cash grant but may not terminate medical coverage and food benefits.
[ 2011 1st sp.s. c 36 s 24; 2010 1st sp.s. c 8 s 5.]
Notes:
Findings—Intent—2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date—2011 1st sp.s. c 36: See note following RCW 74.62.005.
Implementation—2010 1st sp.s. c 8 ss 1-10 and 29: See note following RCW 74.04.225.
Findings—Intent—Short title—Effective date—2010 1st sp.s. c 8: See notes following RCW 74.04.225.


title: RCW 74.04.657

text:
During the application process for benefits under RCW 74.62.030 and 43.185C.220, the department shall inquire of each applicant whether he or she has ever served in the United States military service. If the applicant answers in the affirmative, the department shall confer with a veterans benefit specialist with the Washington state department of veterans affairs or a contracted veterans service officer in the community to determine whether the applicant is eligible for any benefits or programs offered to veterans by either the state or the federal government.
[ 2011 1st sp.s. c 36 s 25; 2010 1st sp.s. c 8 s 6.]
Notes:
Findings—Intent—2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date—2011 1st sp.s. c 36: See note following RCW 74.62.005.
Implementation—2010 1st sp.s. c 8 ss 1-10 and 29: See note following RCW 74.04.225.
Findings—Intent—Short title—Effective date—2010 1st sp.s. c 8: See notes following RCW 74.04.225.

catchline: Veterans' benefits—Assessment for eligibility.


title: RCW 74.04.658

text:
During the application process for public assistance benefits, the department shall inquire of each applicant whether he or she has ever served in the United States military services or is a family or household member of someone who has ever served in the United States military services. If the applicant answers in the affirmative, the department shall provide the applicant with information on how to contact the Washington department of veterans affairs to inquire as to whether the applicant may be eligible for any benefits, services, or programs offered to veterans, military members, or their families.
[ 2022 c 191 s 9.]
Notes:
Findings—Intent—2022 c 191: See note following RCW 43.60A.260.

catchline: Military service benefits—Referral to Washington department of veterans affairs.


title: RCW 74.04.660

text:
The department shall establish a consolidated emergency assistance program for families with children. Assistance may be provided in accordance with this section.
(1) Benefits provided under this program shall be limited to one period of time, as determined by the department, within any consecutive twelve-month period.
(2) Benefits under this program shall be provided to alleviate emergent conditions resulting from insufficient income and resources to provide for: Food, shelter, clothing, medical care, or other necessary items, as defined by the department. Benefits may also be provided for family reconciliation services, family preservation services, home-based services, short-term substitute care in a licensed agency as defined in RCW 74.15.020, crisis nurseries, therapeutic child care, or other necessary services as defined by the department. Benefits shall be provided only in an amount sufficient to cover the cost of the specific need, subject to the limitations established in this section.
(3)(a) The department shall, by rule, establish assistance standards and eligibility criteria for this program in accordance with this section.
(b) Eligibility for benefits or services under this section does not automatically entitle a recipient to medical assistance.
(4) The department shall seek federal emergency assistance funds to supplement the state funds appropriated for the operation of this program as long as other departmental programs are not adversely affected by the receipt of federal funds.
(5) If state funds appropriated for the consolidated emergency assistance program are exhausted, the department may discontinue the program.
(6) During a state of emergency and pursuant to an order from the governor under this subsection, benefits under this program may be extended to individuals and families without children and may be provided for more than one period of time within any consecutive 12-month period, as established in an order from the governor. Adjustments to the program under this subsection remain in effect until either the state of emergency ceases, the order expires, or the governor issues an order terminating these adjustments, whichever occurs first.
[ 2021 c 9 s 1; 2008 c 181 s 301; 1994 c 296 s 1; 1993 c 63 s 1; 1989 c 11 s 26; 1985 c 335 s 3; 1981 1st ex.s. c 6 s 6.]
Notes:
Effective date—2021 c 9 s 1: "Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2021]." [ 2021 c 9 s 4.]
Part headings not law—2008 c 181: See note following RCW 43.06.220.
Severability—1989 c 11: See note following RCW 9A.56.220.
Effective date—Severability—1981 1st ex.s. c 6: See notes following RCW 74.04.005.

catchline: Family emergency assistance program—Extension of benefits during state of emergency.


title: RCW 74.04.670

text:
(1) For purposes of RCW 74.04.005(13)(a), an applicant or recipient is not eligible for long-term care services if the applicant or recipient's equity interest in the home exceeds an amount established by the department in rule, which shall not be less than five hundred thousand dollars. This requirement does not apply if any of the following persons related to the applicant or recipient are legally residing in the home:
(a) A spouse; or
(b) A dependent child under age twenty-one; or
(c) A dependent child with a disability; or
(d) A dependent child who is blind; and
(e) The dependent child in (c) and (d) of this subsection meets the federal supplemental security income program criteria for disabled and blind.
(2) The dollar amounts specified in this section shall be increased annually, beginning in 2011, from year to year based on the percentage increase in the consumer price index for all urban consumers, all items, United States city average, rounded to the nearest one thousand dollars.
(3) This section applies to individuals who are determined eligible for medical assistance with respect to long-term care services based on an application filed on or after May 1, 2006.
[ 2025 c 58 s 2046; 2007 c 161 s 1.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.

catchline: Long-term care services—Eligibility.


title: RCW 74.04.680

text:
(1) To assist with family-related expenses, households with children receiving food benefits under this title, who are not simultaneously receiving temporary assistance for needy families, are eligible to receive a one-time state-funded cash benefit in the final month of eligibility when the household's food benefits terminate due to exceeding the gross income limit or when the household requests voluntary closure.
(2) For households receiving a cash benefit under subsection (1) of this section, the department shall provide transitional food assistance for a period of five months when eligibility for food benefits ceases due to exceeding the gross income limit or when the household requests voluntary closure.
(3) If necessary, the department shall extend the household's food benefit certification until the end of the transition period.
(4) The amount of the cash benefit issued by the department under subsection (1) of this section must be set in accordance with available funds appropriated for this purpose.
[ 2021 c 9 s 2.]
Notes:
Effective date—2021 c 9 s 2: "Section 2 of this act takes effect July 1, 2022." [ 2021 c 9 s 6.]

catchline: Cash benefits in final month of eligibility.


title: RCW 74.04.750

text:
(1) Applicants and recipients under this title must satisfy all reporting requirements imposed by the department.
(2) The secretary shall have the discretion to consider: (a) Food stamp allotments or food stamp benefits transferred electronically and/or (b) rent or housing subsidies as income in determining eligibility for and assistance to be provided by public assistance programs. If the department considers food stamp allotments or food stamp benefits transferred electronically as income in determining eligibility for assistance, applicants or recipients for any grant assistance program must apply for and take all reasonable actions necessary to establish and maintain eligibility for food stamps or food stamp benefits transferred electronically.
[ 1998 c 79 s 13; 1981 2nd ex.s. c 10 s 1.]

catchline: Reporting requirements—Food stamp allotments and rent or housing subsidies, consideration as income.


title: RCW 74.04.760

text:
Payment of assistance shall not be made for any month if the payment prior to any adjustments would be less than ten dollars. However, if payment is denied solely by reason of this section, the individual with respect to whom such payment is denied is determined to be a recipient of assistance for purposes of eligibility for other programs of assistance except for a community work experience program.
[ 1981 2nd ex.s. c 10 s 2.]

catchline: Minimum amount of monthly assistance payments.


title: RCW 74.04.770

text:
(1) The department shall establish consolidated standards of need each fiscal year which may vary by geographical areas, program, and family size, for temporary assistance for needy families, refugee assistance, supplemental security income, and benefits under RCW 74.62.030.
(2)(a) Standards of need for temporary assistance for needy families, refugee assistance, and benefits under RCW 74.62.030 shall be based on studies of actual living costs and generally recognized inflation indices and shall include reasonable allowances for basic household needs including shelter, fuel, food, transportation, clothing, household maintenance and operations, personal maintenance, necessary incidentals, cell phone and internet, and out-of-pocket costs for child care and health care.
(b) By July 1, 2022, to ensure the standards of need reflect the current goods and services households need, the department must use an existing, broadly used national standard that meets the requirements of (a) of this subsection as the base for annual updating in subsection (1) of this section.
(c) The standard of need may take into account the economies of joint living arrangements, but unless explicitly required by federal statute, there shall not be proration of any portion of assistance grants unless the amount of the grant standard is equal to the standard of need.
The department is authorized to establish rateable reductions and grant maximums consistent with federal law.
(3) Payment level will be equal to need or a lesser amount if rateable reductions or grant maximums are imposed. In no case shall a recipient of supplemental security income receive a state supplement less than the minimum required by federal law.
[ 2021 c 9 s 3; 2011 1st sp.s. c 36 s 26; 2010 1st sp.s. c 8 s 23; 1997 c 59 s 11; 1983 1st ex.s. c 41 s 38; 1981 2nd ex.s. c 10 s 4.]
Notes:
Findings—Intent—2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date—2011 1st sp.s. c 36: See note following RCW 74.62.005.
Findings—Intent—Short title—Effective date—2010 1st sp.s. c 8: See notes following RCW 74.04.225.
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.

catchline: Consolidated standards of need—Rateable reductions—Grant maximums.


title: RCW 74.04.790

text:
(1) For purposes of this section only, "assault" means an unauthorized touching of a child protective, child welfare, or adult protective services worker employed by the department of children, youth, and families or the department of social and health services resulting in physical injury to the employee.
(2) In recognition of the hazardous nature of employment in child protective, child welfare, and adult protective services, the legislature hereby provides a supplementary program to reimburse employees of the department, for some of their costs attributable to their being the victims of assault while in the course of discharging their assigned duties. This program shall be limited to the reimbursement provided in this section.
(3) An employee is only entitled to receive the reimbursement provided in this section if the secretary of children, youth, and families, or the secretary's designee, or the secretary of social and health services, or the secretary's designee, finds that each of the following has occurred:
(a) A person has assaulted the employee while the employee was in the course of performing his or her official duties and, as a result thereof, the employee has sustained demonstrated physical injuries which have required the employee to miss days of work;
(b) The assault cannot be attributable to any extent to the employee's negligence, misconduct, or failure to comply with any rules or conditions of employment; and
(c) The department of labor and industries has approved the employee's workers' compensation application pursuant to chapter 51.32 RCW.
(4) The reimbursement authorized under this section shall be as follows:
(a) The employee's accumulated sick leave days shall not be reduced for the workdays missed;
(b) For each workday missed for which the employee is not eligible to receive compensation under chapter 51.32 RCW, the employee shall receive full pay; and
(c) In respect to workdays missed for which the employee will receive or has received compensation under chapter 51.32 RCW, the employee shall be reimbursed in an amount which, when added to that compensation, will result in the employee receiving full pay for the workdays missed.
(5) Reimbursement under this section may not last longer than three hundred sixty-five consecutive days after the date of the injury.
(6) The employee shall not be entitled to the reimbursement provided in subsection (4) of this section for any workday for which the secretary, or the secretary's designee, finds that the employee has not diligently pursued his or her compensation remedies under chapter 51.32 RCW.
(7) The reimbursement shall only be made for absences which the secretary, or the secretary's designee, believes are justified.
(8) While the employee is receiving reimbursement under this section, he or she shall continue to be classified as a state employee and the reimbursement amount shall be considered as salary or wages.
(9) All reimbursement payments required to be made to employees under this section shall be made by the department. The payments shall be considered as a salary or wage expense and shall be paid by the department in the same manner and from the same appropriations as other salary and wage expenses of the department.
(10) Should the legislature revoke the reimbursement authorized under this section or repeal this section, no affected employee is entitled thereafter to receive the reimbursement as a matter of contractual right.
[ 2019 c 470 s 15; 2006 c 95 s 2.]
Notes:
Findings—Intent—2006 c 95: "The legislature finds that employees of the department of social and health services who provide child protective, child welfare, and adult protective services are sometimes faced with highly volatile, hostile, and/or threatening situations during the course of performing their official duties. The legislature finds that the work group convened by the department of social and health services pursuant to chapter 389, Laws of 2005, has made various recommendations regarding policies and protocols to address the safety of workers. The legislature intends to implement the work group's recommendations for statutory changes in recognition of the sometimes hazardous nature of employment in child protective, child welfare, and adult protective services." [ 2006 c 95 s 1.]

catchline: Supplementary program—Reimbursement for employees being victims of assault.


title: RCW 74.04.800

text:
(1)(a) The secretary of social and health services and the secretary of the department of children, youth, and families shall review current department policies and assess the adequacy and availability of programs targeted at persons who receive services through the department who are the children and families of a person who is incarcerated in a department of corrections facility. Great attention shall be focused on programs and policies affecting foster youth who have a parent who is incarcerated.
(b) The secretary of social and health services and the secretary of the department of children, youth, and families shall adopt policies that encourage familial contact and engagement between inmates of the department of corrections facilities and their children with the goal of facilitating normal child development, while reducing recidivism and intergenerational incarceration. Programs and policies should take into consideration the children's need to maintain contact with his or her parent, the inmate's ability to develop plans to financially support their children, assist in reunification when appropriate, and encourage the improvement of parenting skills where needed. The programs and policies should also meet the needs of the child while the parent is incarcerated.
(2) The secretary of social and health services and the secretary of the department of children, youth, and families shall conduct the following activities to assist in implementing the requirements of subsection (1) of this section:
(a) Gather information and data on the recipients of public assistance, or children in the care of the state under chapter 13.34 RCW, who are the children and families of inmates incarcerated in department of corrections facilities; and
(b) Participate in the children of incarcerated parents advisory committee and report information obtained under this section to the advisory committee.
[ 2017 3rd sp.s. c 6 s 329; 2007 c 384 s 3.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Intent—Finding—2007 c 384: See note following RCW 72.09.495.

catchline: Incarcerated parents—Policies to encourage family contact and engagement.


title: RCW 74.04.805

text:
(1) The department is responsible for determining eligibility for referral for essential needs and housing support under RCW 43.185C.220. Persons eligible for a referral are persons who:
(a) Have been determined to be eligible for the aged, blind, or disabled assistance program under RCW 74.62.030 or the pregnant women assistance program under RCW 74.62.030, or are incapacitated from gainful employment by reason of bodily or mental infirmity that will likely continue for a minimum of 90 days. The standard for incapacity in this subsection, as evidenced by the 90-day duration standard, is not intended to be as stringent as federal supplemental security income disability standards;
(b) Are citizens or noncitizens lawfully admitted for permanent residence or otherwise residing in the United States under color of law, or are victims of human trafficking as defined in RCW 74.04.005;
(c)(i) Have furnished the department with their social security number. If the social security number cannot be furnished because it has not been issued or is not known, an application for a number must be made prior to authorization of benefits, and the social security number must be provided to the department upon receipt;
(ii) This requirement does not apply to victims of human trafficking as defined in RCW 74.04.005 if they have not been issued a social security number;
(d)(i) Have countable income as described in RCW 74.04.005 that meets the standard established by the department, which shall not exceed 100 percent of the federal poverty level; or
(ii) Have income that meets the standard established by the department, who are eligible for the pregnant women assistance program;
(e) Do not have countable resources in excess of those described in RCW 74.04.005; and
(f) Are not eligible for federal aid assistance, other than basic food benefits transferred electronically and medical assistance.
(2) Recipients of pregnant women assistance program benefits who meet other eligibility requirements in this section are eligible for referral for essential needs and housing support services, within funds appropriated for the department of commerce, for 24 consecutive months from the date the department determines pregnant women assistance program eligibility.
(3) The following persons are not eligible for a referral for essential needs and housing support:
(a) Persons who refuse or fail to cooperate in obtaining federal aid assistance, without good cause;
(b) Persons who refuse or fail without good cause to participate in substance use treatment if an assessment by a certified substance use disorder professional indicates a need for such treatment. Good cause must be found to exist when a person's physical or mental condition, as determined by the department, prevents the person from participating in substance use treatment, when needed outpatient treatment is not available to the person in the county of their residence, when needed inpatient treatment is not available in a location that is reasonably accessible for the person, or when the person is a parent or other relative personally providing care for a minor child or an incapacitated individual living in the same home as the person, and child care or day care would be necessary for the person to participate in substance use disorder treatment, and such care is not available; and
(c) Persons who are fleeing to avoid prosecution of, or to avoid custody or confinement for conviction of, a felony, or an attempt to commit a felony, under the laws of the state of Washington or the place from which the person flees; or who are violating a condition of probation, community supervision, or parole imposed under federal or state law for a felony or gross misdemeanor conviction.
(4) For purposes of determining whether a person is incapacitated from gainful employment under subsection (1) of this section:
(a) The department shall adopt by rule medical criteria for incapacity determinations to ensure that eligibility decisions are consistent with statutory requirements and are based on clear, objective medical information; and
(b) The process implementing the medical criteria must involve consideration of opinions of the treating or consulting physicians or health care professionals regarding incapacity, and any eligibility decision which rejects uncontroverted medical opinion must set forth clear and convincing reasons for doing so.
(5) For purposes of reviewing a person's continuing eligibility and in order to remain eligible for the program, persons who have been found to have an incapacity from gainful employment must demonstrate that there has been no material improvement in their medical or mental health condition. The department may discontinue benefits when there was specific error in the prior determination that found the person eligible by reason of incapacitation.
(6) The department must review the cases of all persons who have received benefits under the essential needs and housing support program for twelve consecutive months, and at least annually after the first review, to determine whether they are eligible for the aged, blind, or disabled assistance program.
(7) The department shall share client data for individuals eligible for essential needs and housing support with the department of commerce and designated essential needs and housing support entities as required under RCW 43.185C.230.
[ 2026 c 36 s 41; 2023 c 289 s 1; 2022 c 208 s 1; 2020 c 322 s 1; 2018 c 48 s 1; 2013 2nd sp.s. c 10 s 3.]
Notes:
Effective date—2022 c 208: "This act takes effect July 1, 2022." [ 2022 c 208 s 3.]
Effective date—2018 c 48 ss 1 and 2: "Sections 1 and 2 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 13, 2018]." [ 2018 c 48 s 4.]
Effective date—2013 2nd sp.s. c 10: See note following RCW 74.62.030.

catchline: Essential needs and housing support eligibility.


title: RCW 74.04.815

text:
(1) As used in this section:
(a) "Dependent" means a spouse, birth child, adopted child, or stepchild of a military service member.
(b) "Legal resident" means a person who maintains Washington as his or her principal establishment, home of record, or permanent home and to where, whenever absent due to military obligation, he or she intends to return.
(c) "Military service" means service in the armed forces, armed forces reserves, or membership in the Washington national guard.
(d) "Military service member," for the purposes of this section, is expanded to mean a person who is currently in military service or who has separated from military service in the previous eighteen months either through retirement or military separation.
(2) A dependent, who is a legal resident of the state, having previously been determined to be eligible for developmental disability services through the department, shall retain eligibility as long as he or she remains a legal resident of the state regardless of having left the state due to the military service member's military assignment outside the state. If the state eligibility requirements change, the dependent shall retain eligibility until a reeligibility determination is made.
(3) Upon assessment determination, the department shall direct that services be provided consistent with Title 71A RCW and appropriate rules if the dependent furnishes:
(a) A copy of the military service member's DD-214 or other equivalent discharge paperwork; and
(b) Proof of the military service member's legal residence in the state, as provided under RCW 46.16A.140.
(4) For dependents who received developmental disability services and who left the state due to the military service member's military assignment outside the state, upon the dependent's return to the state and when a request for services is made, the department must:
(a) Determine eligibility for services which may include request for waiver services;
(b) Provide notification for the service eligibility determination which includes notification for denial of services; and
(c) Provide due process through the appeals processes established by the department.
(5) To continue eligibility under subsection (2) of this section, the dependent is required to inform the department of his or her current address and provide updates as requested by the department.
(6) The secretary shall request a waiver from the appropriate federal agency if it is necessary to implement the provisions of this section.
(7) The department may adopt rules necessary to implement the provisions of this section.
[ 2014 c 180 s 1.]

catchline: Military dependents—Home and community-based services programs.


title: RCW 74.04.820

text:
Victims of human trafficking, as defined in RCW 74.04.005, are eligible for state family assistance programs as provided in rule on February 1, 2022, who otherwise meet program eligibility requirements.
[ 2020 c 136 s 3.]
Notes:
Effective date—2020 c 136: See note following RCW 74.04.005.

catchline: Victims of human trafficking eligibility.


title: RCW 74.04.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 173.]
Notes:
Effective dates—2009 c 521 ss 5-8, 79, 87-103, 107, 151, 165, 166, 173-175, and 190-192: See note following RCW 2.10.900.

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 74.08.025

text:
(1) Public assistance may be awarded to any applicant:
(a) Who is in need and otherwise meets the eligibility requirements of department assistance programs; and
(b) Who has not made a voluntary assignment of property or cash for the purpose of qualifying for an assistance grant; and
(c) Who is not an inmate of a public institution except as a patient in a medical institution or except as an inmate in a public institution who could qualify for federal aid assistance: PROVIDED, That the assistance paid by the department to recipients in nursing homes, or receiving nursing home care, may cover the cost of clothing and incidentals and general maintenance exclusive of medical care and health services. The department may pay a grant to cover the cost of clothing and personal incidentals in public or private medical institutions and institutions for tuberculosis. The department shall allow recipients in nursing homes to retain, in addition to the grant to cover the cost of clothing and incidentals, wages received for work as a part of a training or rehabilitative program designed to prepare the recipient for less restrictive placement to the extent permitted under Title XIX of the federal social security act.
(2) Any person otherwise qualified for temporary assistance for needy families who is assessed through the state alcohol and substance abuse program as drug or alcohol-dependent and requiring treatment to become employable shall be required by the department to participate in a drug or alcohol treatment program as a condition of benefit receipt.
(3) Pursuant to 21 U.S.C. 862a(d)(1), the department shall exempt individuals from the eligibility restrictions of 21 U.S.C. 862a(a)(1) and (2) to ensure eligibility for temporary assistance for needy families benefits and federal food assistance.
[ 2019 c 343 s 1; 2011 1st sp.s. c 42 s 7; 2005 c 174 s 2; 2004 c 54 s 5; 1997 c 58 s 101; 1981 1st ex.s. c 6 s 9; 1981 c 8 s 8; 1980 c 79 s 1; 1971 ex.s. c 169 s 1; 1967 ex.s. c 31 s 1; 1959 c 26 s 74.08.025. Prior: 1953 c 174 s 19.]
Notes:
Prospective application—2019 c 343: "This act applies prospectively only and not retroactively. Prospective application of this act allows families who have been previously permanently disqualified under prior policies to receive benefits prospectively only, if otherwise eligible." [ 2019 c 343 s 6.]
Findings—Intent—Effective date—2011 1st sp.s. c 42: See notes following RCW 74.08A.260.
Finding—2011 1st sp.s. c 42: See note following RCW 74.04.004.
Findings—2005 c 174: "The legislature finds that:
(1) Too many families with children in Washington are unable to afford shelter, clothing, and other necessities of life; basic necessities that are at the core of economic security and family stability.
(2) Parents who lack resources for shelter, clothing, and transportation are less likely to obtain employment or have the ability to adequately provide for their children's physical and emotional well-being and educational success.
(3) Washington's temporary assistance for needy families helps financially struggling families find jobs, keep their jobs, get better jobs, and build a better life for their children through the WorkFirst program.
(4) Participation in the WorkFirst program through temporary assistance for needy families is an important step towards self-sufficiency and decreased long-term reliance on governmental assistance.
(5) Removing this barrier to participation in temporary assistance for needy families and WorkFirst will serve to strengthen families and communities throughout the state.
(6) Preventing even one percent of these individuals from reoffending by extending economic and employment opportunities will result in law enforcement and correctional savings that substantially exceed the cost of temporary assistance for needy families and WorkFirst services." [ 2005 c 174 s 1.]
Effective date—2005 c 174: "This act takes effect September 1, 2005." [ 2005 c 174 s 3.]
Findings—Conflict with federal requirements—2004 c 54: See notes following RCW 28A.235.160.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective date—Severability—1981 1st ex.s. c 6: See notes following RCW 74.04.005.

catchline: Eligibility for public assistance—Temporary assistance for needy families—Limitations for drug or alcohol-dependent persons.


title: RCW 74.08.030

text:
In addition to meeting the eligibility requirements of RCW 74.08.025, an applicant for old age assistance must be an applicant who:
(1) Has attained the age of sixty-five: PROVIDED, That if an applicant for old age assistance is already on the assistance rolls in some other program or category of assistance, such applicant shall be considered eligible the first of the month immediately preceding the date on which such applicant will attain the age of sixty-five; and
(2) Is a resident of the state of Washington.
[ 1971 ex.s. c 169 s 2; 1961 c 248 s 1; 1959 c 26 s 74.08.030. Prior: 1953 c 174 s 20; 1951 c 165 s 1; 1951 c 1 s 5 (Initiative Measure No. 178, approved November 7, 1950); 1949 c 6 s 4; Rem. Supp. 1949 s 9998-33d.]

catchline: Old age assistance eligibility requirements.


title: RCW 74.08.043

text:
In determining the living requirements of otherwise eligible applicants and recipients of supplemental security income and benefits under RCW 74.62.030 and 43.185C.220, the department is authorized to consider the need for personal and special care and supervision due to physical and mental conditions.
[ 2011 1st sp.s. c 36 s 27; 2010 1st sp.s. c 8 s 24; 1981 1st ex.s. c 6 s 12; 1981 c 8 s 11; 1969 ex.s. c 172 s 10.]
Notes:
Findings—Intent—2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date—2011 1st sp.s. c 36: See note following RCW 74.62.005.
Findings—Intent—Short title—Effective date—2010 1st sp.s. c 8: See notes following RCW 74.04.225.
Effective date—Severability—1981 1st ex.s. c 6: See notes following RCW 74.04.005.

catchline: Need for personal and special care—Authority to consider in determining living requirements.


title: RCW 74.08.044

text:
The department is authorized to promulgate rules and regulations establishing eligibility for alternate living arrangements, and license the same, including minimum standards of care, based upon need for personal care and supervision beyond the level of board and room only, but less than the level of care required in a hospital or a nursing facility as defined in the federal social security act.
[ 1991 sp.s. c 8 s 5; 1975-'76 2nd ex.s. c 52 s 1; 1969 ex.s. c 172 s 11.]
Notes:
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.

catchline: Need for personal and special care—Licensing—Rules and regulations.


title: RCW 74.08.045

text:
The department may purchase such personal and special care at reasonable rates established by the department from substitute homes and intermediate care facilities providing [provided] this service is in compliance with standards of care established by the regulations of the department.
[ 1969 ex.s. c 172 s 12.]

catchline: Need for personal and special care—Purchase of personal and special care by department.


title: RCW 74.08.046

text:
There is designated to be included in the public assistance payment level a monthly energy assistance allowance. The allowance shall be excluded from consideration as income for the purpose of determining eligibility and benefit levels of food stamp or benefits program recipients to the maximum extent exclusion is authorized by federal law. The allowance shall be calculated on a seasonal basis for the period of November 1st through April 30th.
[ 1998 c 79 s 14; 1982 c 127 s 1.]
Notes:
Legislative intent—1982 c 127: "It is the continuing intention of the legislature that first priority in the use of increased appropriations, expenditures, and payment levels for the 1981-83 biennium to income assistance recipients be for an energy allowance to offset the high and escalating costs of energy. Of the total amount appropriated or transferred for public assistance, an amount not to exceed $50,000,000 is designated as energy assistance allowance to meet the high cost of energy. This designation is consistent with the legislative intent of section 11, chapter 6, Laws of 1981 1st ex. sess. to assist public assistance recipients in meeting the high costs of energy." [ 1982 c 127 s 2.]
Effective date—1982 c 127: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect April 1, 1982." [ 1982 c 127 s 4.]

catchline: Energy assistance allowance.


title: RCW 74.08.050

text:
Application for a grant in any category of public assistance shall be made to the county office by the applicant or by another on his or her behalf, and shall be reduced to writing upon standard forms prescribed by the department, and a written acknowledgment of receipt of the application by the department shall be given to each applicant at the time of making application.
[ 2013 c 23 s 198; 1971 ex.s. c 169 s 3; 1959 c 26 s 74.08.050. Prior: 1953 c 174 s 26; 1949 c 6 s 6; Rem. Supp. 1949 s 9998-33f.]

catchline: Applications for grants.


title: RCW 74.08.055

text:
(1) Each applicant for or recipient of public assistance shall complete and sign a physical application or, if available, electronic application for assistance which shall contain or be verified by a written declaration that it is signed under the penalties of perjury. The department may make electronic applications available. The secretary, by rule and regulation, may require that any other forms filled out by applicants or recipients of public assistance shall contain or be verified by a written declaration that it is made under the penalties of perjury and such declaration shall be in lieu of any oath otherwise required, and each applicant shall be so informed at the time of the signing. The application and signature verification shall be in accordance with federal requirements for that program.
(2) Any applicant for or recipient of public assistance who willfully makes and signs any application, statement, other paper, or electronic record which contains or is verified by a written declaration that it is made under the penalties of perjury and which he or she does not believe to be true and correct as to every material matter is guilty of a class B felony punishable according to chapter 9A.20 RCW.
(3) As used in this section:
(a) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.
(b) "Sign" includes signing by physical signature, if available, or electronic signature. An application must contain a signature in either physical or, if available, electronic form.
[ 2020 c 57 s 89; 2009 c 201 s 1; 2003 c 53 s 366; 1979 c 141 s 323; 1959 c 26 s 74.08.055. Prior: 1953 c 174 s 27.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Verification of applications—Electronic applications—Penalty.


title: RCW 74.08.060

text:
The department shall approve or deny the application within forty-five days after filing, and shall immediately notify the applicant in writing of its decision. If the department is not able within forty-five days, despite due diligence, to secure all information necessary to establish eligibility, the department shall continue to secure such information. If such information, when established, makes the applicant eligible, the department shall pay the grant from the date of authorization or forty-five days after the date of application, whichever is earlier, except that the department shall not make payments for any period of time in which the applicant is ineligible for public assistance as an inmate of a public institution under RCW 74.08.025(1)(c).
The department may, in respect to work requirements, provide employment and training services, including job search, job placement, work orientation, and necessary support services to verify eligibility.
[ 2009 c 198 s 1; 1985 c 335 s 4; 1981 1st ex.s. c 6 s 13; 1969 ex.s. c 173 s 6; 1959 c 26 s 74.08.060. Prior: 1953 c 174 s 28; 1949 c 6 s 7; Rem. Supp. 1949 s 9998-33g.]
Notes:
Effective date—2009 c 198: "This act takes effect November 1, 2009." [ 2009 c 198 s 2.]
Effective date—Severability—1981 1st ex.s. c 6: See notes following RCW 74.04.005.

catchline: Action on applications—Ineligibility of inmates—Employment and training services.


title: RCW 74.08.080

text:
(1)(a) A public assistance applicant or recipient who is aggrieved by a decision of the department or an authorized agency of the department has the right to an adjudicative proceeding. A current or former recipient who is aggrieved by a department claim that he or she owes a debt for an overpayment of assistance or food stamps or food stamp benefits transferred electronically, or both, has the right to an adjudicative proceeding.
(b) An applicant or recipient has no right to an adjudicative proceeding when the sole basis for the department's decision is a state or federal law that requires an assistance adjustment for a class of recipients.
(2) The adjudicative proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW, and this subsection.
(a) The applicant or recipient must file the application for an adjudicative proceeding with the secretary within 90 days after receiving notice of the aggrieving decision unless good cause is shown, to the extent allowable under federal law.
(i) For the purpose of this subsection, good cause is defined as a substantive reason or legal justification for failing to meet a hearing deadline. Good cause to fail to meet a hearing deadline may include, but is not limited to: Military deployment, medical reasons, housing instability, language barriers, or domestic violence.
(ii) The department shall not grant a request for a hearing for good cause if the request is filed more than one year after the aggrieving decision.
(b) The hearing shall be conducted at the local community services office or other location in Washington convenient to the appellant.
(c) The appellant or his or her representative has the right to inspect his or her department file and, upon request, to receive copies of department documents relevant to the proceedings free of charge.
(d) The appellant has the right to a copy of the tape recording of the hearing free of charge.
(e) The department is limited to recovering an overpayment arising from assistance being continued pending the adjudicative proceeding to the amount recoverable up to the 60th day after the secretary's receipt of the application for an adjudicative proceeding.
(f) If the final adjudicative order is made in favor of the appellant, assistance shall be paid from the date of denial of the application for assistance or 30 days following the date of application for temporary assistance for needy families or 45 days after date of application for all other programs, whichever is sooner; or in the case of a recipient, from the effective date of the local community services office decision.
(g) This subsection applies only to an adjudicative proceeding in which the appellant is an applicant for or recipient of medical assistance or the limited casualty program for the medically needy and the issue is his or her eligibility or ineligibility due to the assignment or transfer of a resource. The burden is on the department to prove by a preponderance of the evidence that the person knowingly and willingly assigned or transferred the resource at less than market value for the purpose of qualifying or continuing to qualify for medical assistance or the limited casualty program for the medically needy. If the prevailing party in the adjudicative proceeding is the applicant or recipient, he or she is entitled to reasonable attorney's fees.
(3) When a person files a petition for judicial review as provided in RCW 34.05.514 of an adjudicative order entered in a public assistance program, no filing fee shall be collected from the person and no bond shall be required on any appeal. In the event that the superior court, the court of appeals, or the supreme court renders a decision in favor of the appellant, said appellant shall be entitled to reasonable attorneys' fees and costs. If a decision of the court is made in favor of the appellant, assistance shall be paid from date of the denial of the application for assistance or 30 days after the application for temporary assistance for needy families or 45 days following the date of application, whichever is sooner; or in the case of a recipient, from the effective date of the local community services office decision.
[ 2022 c 163 s 1; 1998 c 79 s 15; 1997 c 59 s 12; 1989 c 175 s 145; 1988 c 202 s 58; 1971 c 81 s 136; 1969 ex.s. c 172 s 2; 1959 c 26 s 74.08.080. Prior: 1953 c 174 s 31; 1949 c 6 s 9; Rem. Supp. 1949 s 9998-33i.]
Notes:
Conflict with federal requirements—2022 c 163: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 2022 c 163 s 3.]
Effective date—2022 c 163: "This act takes effect July 1, 2023." [ 2022 c 163 s 4.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1988 c 202: See note following RCW 2.24.050.

catchline: Grievances—Departmental and judicial review.


title: RCW 74.08.090

text:
The department is hereby authorized to make rules and regulations not inconsistent with the provisions of this title to the end that this title shall be administered uniformly throughout the state, and that the spirit and purpose of this title may be complied with. The department shall have the power to compel compliance with the rules and regulations established by it. Such rules and regulations shall be filed in accordance with the Administrative Procedure Act, as it is now or hereafter amended, and copies shall be available for public inspection in the office of the department and in each county office.
[ 1969 ex.s. c 173 s 5; 1959 c 26 s 74.08.090. Prior: 1953 c 174 s 5; 1949 c 6 s 10; Rem. Supp. 1949 s 9998-33j.]

catchline: Rule-making authority and enforcement.


title: RCW 74.08.100

text:
Proof of age and length of residence in the state of any applicant may be established as provided by the rules and regulations of the department: PROVIDED, That if an applicant is unable to establish proof of age or length of residence in the state by any other method he or she may make a statement under oath of his or her age on the date of application or the length of his or her residence in the state, before any judge of the superior court, any judge of the court of appeals, or any justice of the supreme court of the state of Washington, and such statement shall constitute sufficient proof of age of applicant or of length of residence in the state: PROVIDED HOWEVER, That any applicant who willfully makes a false statement as to his or her age or length of residence in the state under oath before a judge of the superior court, a judge of the court of appeals, or a justice of the supreme court, as provided above, shall be guilty of a class B felony punishable according to chapter 9A.20 RCW.
[ 2003 c 53 s 367; 1971 c 81 s 137; 1959 c 26 s 74.08.100. Prior: 1949 c 6 s 11; Rem. Supp. 1949 s 9998-33k.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Age and residency verification—Felony.


title: RCW 74.08.105

text:
No assistance payments shall be made to recipients living outside the state of Washington unless in the discretion of the secretary there is sound social reason for such out-of-state payments: PROVIDED, That the period for making such payments when authorized shall not exceed the length of time required to satisfy the residence requirements in the other state in order to be eligible for a grant in the same category of assistance as the recipient was eligible to receive in Washington.
[ 1979 c 141 s 325; 1959 c 26 s 74.08.105. Prior: 1953 c 174 s 39.]

catchline: Out-of-state recipients.


title: RCW 74.08.210

text:
Grants awarded under this title shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of bankruptcy or insolvency law.
[ 1959 c 26 s 74.08.210. Prior: 1941 c 1 s 16; 1935 c 182 s 17; 1933 c 29 s 13; Rem. Supp. 1941 s 9998-49.]

catchline: Grants not assignable nor subject to execution.


title: RCW 74.08.260

text:
If any plan of administration of this title submitted to the federal security agency shall be found to be not in conformity with the federal social security act by reason of any conflict of any section, portion, clause or part of this title and the federal social security act, such conflicting section, portion, clause or part of this title is hereby declared to be inoperative to the extent that it is so in conflict, and such finding or determination shall not affect the remainder of this title.
[ 1959 c 26 s 74.08.260. Prior: 1949 c 6 s 17; Rem. Supp. 1949 s 9998-33q.]

catchline: Federal act to control in event of conflict.


title: RCW 74.08.278

text:
In order to comply with federal statutes and regulations pertaining to federal matching funds and to provide for the prompt payment of initial grants and adjusting payments of grants the secretary is authorized to make provisions for the cash payment of assistance by the secretary or county administrators by the establishment of a central operating fund. The secretary may establish such a fund with the approval of the state auditor from moneys appropriated to the department for the payment of benefits under RCW 74.62.030 in a sum not to exceed one million dollars. Such funds shall be deposited as agreed upon by the secretary and the state auditor in accordance with the laws regulating the deposits of public funds. Such security shall be required of the depository in connection with the fund as the state treasurer may prescribe. Moneys remaining in the fund shall be returned to the general fund at the end of the biennium, or an accounting of proper expenditures from the fund shall be made to the state auditor. All expenditures from such central operating fund shall be reimbursed out of and charged to the proper program appropriated by the use of such forms and vouchers as are approved by the secretary of the department and the state auditor. Expenditures from such fund shall be audited by the director of financial management and the state auditor from time to time and a report shall be made by the state auditor and the secretary as are required by law.
[ 2011 1st sp.s. c 36 s 28; 2010 1st sp.s. c 8 s 25; 1979 c 141 s 327; 1959 c 26 s 74.08.278. Prior: 1953 c 174 s 42; 1951 c 261 s 1.]
Notes:
Findings—Intent—2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date—2011 1st sp.s. c 36: See note following RCW 74.62.005.
Findings—Intent—Short title—Effective date—2010 1st sp.s. c 8: See notes following RCW 74.04.225.

catchline: Central operating fund established.


title: RCW 74.08.280

text:
If any person receiving public assistance has demonstrated an inability to care for oneself or for money, the department may direct the payment of the installments of public assistance to any responsible person, social service agency, or corporation or to a legally appointed guardian for his or her benefit. The state may contract with persons, social service agencies, or corporations approved by the department to provide protective payee services for a fixed amount per recipient receiving protective payee services to cover administrative costs. The department may by rule specify a fee to cover administrative costs. Such fee shall not be withheld from a recipient's grant.
If the state requires the appointment of a guardian for this purpose, the department shall pay all costs and reasonable fees as fixed by the court.
[ 2013 c 23 s 199; 1987 c 406 s 10; 1979 c 141 s 328; 1959 c 26 s 74.08.280. Prior: 1953 c 174 s 40; 1937 c 156 s 7; 1935 c 182 s 10; RRS s 9998-10.]
Notes:
Living situation presumption: RCW 74.12.255, 74.04.0052.

catchline: Payments to persons incapable of self-care—Protective payee services.


title: RCW 74.08.283

text:
The department is authorized to provide such social and related services as are reasonably necessary to the end that applicants for or recipients of public assistance are helped to attain self-care.
[ 1963 c 228 s 16; 1959 c 26 s 74.08.283. Prior: 1957 c 63 s 6.]

catchline: Services provided to attain self-care.


title: RCW 74.08.290

text:
The department is hereby authorized to suspend temporarily the public assistance granted to any person for any period during which such person is not in need thereof.
If a recipient is convicted of any crime or offense, and punished by imprisonment, no payment shall be made during the period of imprisonment.
If a recipient is convicted of unlawful practices under RCW 74.08.331, no payment shall be made for a period to be determined by the court, but in no event less than six months upon the first conviction and no less than twelve months for a second or subsequent violation. This suspension of public assistance shall apply regardless of whether the recipient is subject to complete or partial confinement upon conviction, or incurs some lesser penalty.
[ 1995 c 379 s 2; 1959 c 26 s 74.08.290. Prior: 1953 c 174 s 38; 1935 c 182 s 12; RRS s 9998-12.]
Notes:
Finding—1995 c 379: "The legislature finds that welfare fraud damages the state's ability to use its limited resources to help those in need who legitimately qualify for assistance. In addition, it affects the credibility and integrity of the system, promoting disdain for the law.
Persons convicted of committing such fraud should be barred, for a period of time, from receiving additional public assistance." [ 1995 c 379 s 1.]

catchline: Suspension of payments—Need lapse—Imprisonment—Conviction under RCW 74.08.331.


title: RCW 74.08.331

text:
(1) Any person who by means of a willfully false statement, or representation, or impersonation, or a willful failure to reveal any material fact, condition, or circumstance affecting eligibility or need for assistance, including medical care, surplus commodities, and food stamps or food stamp benefits transferred electronically, as required by law, or a willful failure to promptly notify the county office in writing as required by law or any change in status in respect to resources, or income, or need, or family composition, money contribution and other support, from whatever source derived, including unemployment insurance, or any other change in circumstances affecting the person's eligibility or need for assistance, or other fraudulent device, obtains, or attempts to obtain, or aids or abets any person to obtain any public assistance to which the person is not entitled or greater public assistance than that to which he or she is justly entitled is guilty of theft in the first degree under RCW 9A.56.030 and upon conviction thereof shall be punished by imprisonment in a state correctional facility for not more than fifteen years.
(2) Any person who by means of a willfully false statement or representation or by impersonation or other fraudulent device aids or abets in buying, selling, or in any other way disposing of the real property of a recipient of public assistance without the consent of the secretary is guilty of a gross misdemeanor and upon conviction thereof shall be punished by imprisonment for up to three hundred sixty-four days in the county jail or a fine of not to exceed one thousand dollars or by both.
[ 2011 c 96 s 53; 2003 c 53 s 368; 1998 c 79 s 16; 1997 c 58 s 303; 1992 c 7 s 59; 1979 c 141 s 329; 1965 ex.s. c 34 s 1.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.

catchline: Unlawful practices—Obtaining assistance—Disposal of realty—Penalties.


title: RCW 74.08.335

text:
Temporary assistance for needy families and benefits under RCW 74.62.030 and 43.185C.220 shall not be granted to any person who has made an assignment or transfer of property for the purpose of rendering himself or herself eligible for the assistance. There is a rebuttable presumption that a person who has transferred or transfers any real or personal property or any interest in property within two years of the date of application for the assistance without receiving adequate monetary consideration therefor, did so for the purpose of rendering himself or herself eligible for the assistance. Any person who transfers property for the purpose of rendering himself or herself eligible for assistance, or any person who after becoming a recipient transfers any property or any interest in property without the consent of the secretary, shall be ineligible for assistance for a period of time during which the reasonable value of the property so transferred would have been adequate to meet the person's needs under normal conditions of living: PROVIDED, That the secretary is hereby authorized to allow exceptions in cases where undue hardship would result from a denial of assistance.
[ 2011 1st sp.s. c 36 s 29; 2010 1st sp.s. c 8 s 26; 1997 c 59 s 13; 1980 c 79 s 2; 1979 c 141 s 330; 1959 c 26 s 74.08.335. Prior: 1953 c 174 s 33.]
Notes:
Findings—Intent—2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date—2011 1st sp.s. c 36: See note following RCW 74.62.005.
Findings—Intent—Short title—Effective date—2010 1st sp.s. c 8: See notes following RCW 74.04.225.

catchline: Transfers of property to qualify for assistance.


title: RCW 74.08.338

text:
When the consideration for a deed executed and delivered by a recipient is not paid, or when the consideration does not approximate the fair cash market value of the property, such deed shall be prima facie fraudulent as to the state and the department may proceed under RCW 43.20B.660.
[ 1987 c 75 s 40; 1979 c 141 s 331; 1959 c 26 s 74.08.338. Prior: 1953 c 174 s 37.]
Notes:
Savings—1987 c 75: See RCW 43.20B.900.

catchline: Real property transfers for inadequate consideration.