Worker Responsibilities - WAC 388-442-0010

When we are presented with a warrant for a client:

a. We must consider that person "fleeing" and not eligible for TANF/SFA or Basic Food benefits when:

i. The law enforcement agency or Department of Corrections intends to enforce the warrant within:

a. 30 days from the date we contact the agency to verify the warrant; or

b. 20 days from the date the agency request information about the client as described in Worker Responsibilities #3.

2. Reviewing parole/probation status:

Take the following actions at application, at review, or when adding an individual to the Assistance Unit (AU):

a. Ask the about outstanding warrants for each member of the household and record the information in ACES.

b. If the client declares that they are aware of a warrant for parole/probation violations:

i. Contact the Community Corrections Office (CCO) listed in FORS.

ii. Determine the type of warrant issued by the CCO.

a. If the warrant was issued by the CCO (Secretary’s warrant, or bench warrant for example), the client is eligible for Basic Food or Cash if they meet all other eligibility requirements.

b. If the warrant was not issued by the CCO, verify the type of warrant was issued from an impartial party and that DOC intends to enforce the warrant within 30 days before denying or terminating benefits.

3. When law enforcement contacts the department:

If a law enforcement official contacts us regarding an individual, cooperate with the official as required by state and federal law.

a. State Law - RCW 74.04.062 allows us to disclose current address and location information about cash-only clients to law enforcement officers when all of the following conditions are met:

i. They are acting in an official capacity;

ii. They identify themselves;

iii. Provide the client's Social Security Number; and

iv. Demonstrate that the client is a fugitive.

b. Federal Law - 7CFR §272.1 (c)(1)(vii) Requires us to cooperate with law enforcement officers by providing the address, Social Security Number, and any available photograph of a client when:

i. The request is specified in writing ; and

ii. Includes the name of the household member being sought; and

iii. The person is fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony or is violating a condition of probation or parole imposed under a Federal or State law; or

iv. The person has information needed to apprehend or investigate another household member who is fleeing to avoid prosecution or custody for a felony, or has violated a condition of probation or parole.

v. The federal law applies to all Basic Food applicants and recipients and supersedes the state law for these individuals.

4. DSHS Staff Reporting Felons:

In very limited circumstances, staff may report a fleeing felon applying for or receiving cash assistance.

RCW 74.04.062 allows us to contact the appropriate law enforcement agency when we learn that a person has a valid outstanding warrant. These provisions in state law apply to cash only clients.

Federal law under 7 CFR §272.1 (c)(1)(vii) only allows us to disclose information on the whereabouts of a fleeing felon applying for or receiving food assistance as described under section (3)(b) above. It does not allow staff to initiate contact with law enforcement.

We cannot contact law enforcement to report a fleeing felon for food assistance, even if the person is also applying for or receiving cash assistance.

The only mandatory requirement when provided a written request meeting the requirements under RCW 74.04.062 is to provide the person’s current address, location, and social security number.

Local offices are not required to assist in detaining or delaying a fleeing felon leaving the office in order for law enforcement to arrest them.