(1) This rule
affects only the minor's eligibility for cash assistance. It does not affect
the eligibility of the minor parent's child for a cash grant.
(2) The following definitions apply to terms
used in this section:
(a) "Unmarried" means a
person who has never been married or whose marriage has been annulled. It does
not include a person who has been divorced or widowed.
(b) "Minor" means a person younger than
eighteen years of age.
(c) "Legal
guardian" means a court-appointed legal guardian or court-appointed permanent
custodian.
(d) "Relative" is a
person who is related to the pregnant or parenting minor as defined under
RCW
74.15.020(4).
(3) An unmarried pregnant or
parenting minor is not eligible for TANF, SFA or PWA unless the person:
(a) Has been emancipated by a court;
or
(b) Lives in a home approved by
the department and has a protective payee.
(4) The home of a minor's parent, legal
guardian, or adult relative may be approved unless:
(a) The minor has no living parent, legal
guardian, or adult relative that can be located or those persons do not want
the minor to live with them;
(b)
The minor or the minor's child is being or has been seriously harmed either
physically, emotionally or sexually in the home of the parent, legal guardian,
or adult relative;
(c) Substantial
evidence exists of an act or failure to act by the parent, legal guardian, or
adult relative that presents imminent or serious harm to the minor or the
minor's child if they lived there; or
(d) The department determines that it is in
the best interest of the minor or the minor's child to waive the requirement of
living in the home of a parent, legal guardian, or adult relative.
(5) If the home of a minor's
parent, legal guardian, or adult relative is not available or suitable, one of
the following alternatives may be approved:
(a) A facility or home licensed under
chapter
74.15 RCW that provides a
supportive and supervised living arrangement requiring residents to learn
parenting skills;
(b) A maternity
home;
(c) Other adult-supervised
living arrangement; or
(d) The
minor's current or proposed living arrangement, if the department determines it
is appropriate.
(6) A
home that includes the other natural parent of the minor's child or unborn
child is never approved if:
(a) The minor is
under age sixteen; and
(b) The
other parent is eighteen or older and meets the age criteria for rape of a
child as set forth in
RCW
9A.44.073,
9A.44.076, and
9A.44.079.
(7) The income of a minor parent found
ineligible under this section is treated according to WAC
388-450-0100 and
388-450-0115 when determining the
eligibility and benefit level of the minor parent's child.