5000. CASE SUPPORTS

5100. FOSTER FAMILY HOME LICENSING

5110. Introduction

1. Chapter 74.15 Revised Code of Washington (RCW), extracted in booklet form DSHS 22-101, and the Minimum Licensing Requirements (MLR) contained in Washington Administrative Code (WAC) 388-148, extracted in booklet DSHS 22-12, constitute the basic practice guide for licensers of foster family homes. This section contains complementary information.
2. The following is a statement of legislative intent: Children placed in foster care are particularly vulnerable and have a special need for placement in an environment that is stable, safe, and nurturing. For this reason, foster homes should be held to a high standard of care, and department decisions regarding denial, suspension, or revocation of foster care licenses should be upheld on review if there are reasonable grounds for such action.

5120. Inquiry

Staff designated by each Division of Licensed Resources (DLR) Regional Manager must provide information about foster home licensing requirements, orientation, and pre-service training, upon request. The local DLR Office of Foster Care Licensing (OFCL) office must establish procedures to give out forms and other pertinent information, either at orientation meetings or by mail. The application packet provided to the potential applicant must include those documents and materials prescribed by regional or local policy and procedure.

5130. Licensing and Re-licensing

5131. Application

1. The local office must receive and date-stamp in applications and accompanying documents from prospective foster parents, according to local procedure.
2. Once the licenser has determined that the applicant has submitted a completed and signed application, the licenser and the Regional Manager must make a timely decision to approve or deny the license. Each Regional Manager must establish regional policy to define timeliness.

5132. Licensing Study

The usual steps for processing an application are:

1. The licenser or clerical person designated by local procedure enters the application information into the Case and Management Information System licensing module, makes up a file folder, and checks Child Protective Services (CPS) and local office records, including CAMIS, for prior involvement with the agency.
2. The clerk or licenser mails out reference letters to the people designated by the applicant, with return envelopes stamped with the licenser's name.
3. The licenser, or support staff, submits completed forms to conduct a criminal background check, as outlined in the Operations Manual, chapter 5000, section 5500. For applicants who have resided in the state less than three years, finger print checks must be completed for all persons age 16 and above. See section 5500 for steps to follow. As part of the criminal background check, the worker must contact local law enforcement agencies, including tribal police if the person resides or has resided on an Indian reservation or is known to be or may be affiliated with a particular Tribe. The assigned staff completes a DCFS records check in CAMIS as part of the background check.
4. Within one week after receipt of the application packet, the licenser makes contact with the applicant to inform them that the process has started and to coordinate a timeframe for the face-to-face interviews. The applicant(s) can also share when they expect to complete their requirements, including TB tests and First Aid/CPR/AIDS training. If the licenser makes initial contact by telephone, he/she follows up with a letter so that the applicant has the information in writing along with the licenser’s name and telephone number for future use.
5. The foster family home licenser completes a study of the applicant(s) and family, by using the Foster Home Assessment, DSHS 10-51, including family interviews to evaluate character, personal history from childhood to the present, marriages and relationships, trauma and crises, coping skills, child care skills and experience, and any other pertinent information which bears on the applicant(s)' ability to care for children.
6. The licenser utilizes two checklists to assure that compliance with MLR is met before the license is issued. The checklists are the Licensing File Checklist - Foster Family Care, DSHS 10-182, and Home Inspection Checklist for Foster Family Care Licensing, DSHS 10-183.
7. The licenser determines that the applicant(s) have sufficient income to meet their own and their family's personal needs without reliance on foster care payments made in behalf of children in their care. Foster parents shall not be dependent on foster care payments for the support of themselves or their own households. Sufficiency is defined by the TANF or General Assistance payment standard of income for the household and adjusted for family size.
8. The licenser may require the applicant to furnish additional pertinent information.

5133. Decision on Licensure

1. All requirements of chapter 388-148 WAC must be met before the OFCL Regional Manager signs and issues the license.
2. If the licenser determines that a person is disqualified from association with a child care agency for not meeting minimum licensing requirements of chapters 74.15 RCW and WAC 388-148, the Regional Manager, or designee, shall give written notice of disqualification to the person. The notice shall state what the person is disqualified from doing, the reasons for the disqualification, and the applicable law under which the person is disqualified.
   1. The licenser applies the procedures contained in RCW 43.20A.205, regarding Denial, Suspension, Revocation, or Modification of License, when issuing a notice of disqualification to a person.
   2. A licensee under chapter 74.15 RCW may not allow a person disqualified under this section to associate with the licensee's agency. The disqualification of a person may not be contested by a licensee.
   3. If a notice of disqualification is based on a CPS finding of abuse and neglect, and after a fair hearing it is determined that the allegations are not supported by a preponderance of the evidence, the assigned social worker and licenser shall amend the records to so state.
   4. The OFCL Regional Manager, in accordance with WAC 388--06, may remove a disqualification based on conviction of a crime. The OFCL Regional Manager may remove a disqualification based on another reason if the disqualified person demonstrates by clear, cogent, and convincing evidence that he or she is sufficiently rehabilitated to warrant public trust and to comply with the requirements of chapters 74.15 RCW and 388-148 WAC.

5134. Initial License

See the interim initial license policy.

5135. Re-licensing

1. Re-licensing occurs when the licensee moves to a new residence and at three-year intervals following issuance of the license.
   1. The license issued under section 5133 and chapter 74.15 RCW is not transferable and applies only to the licensee and the location stated in the application.
   2. For licensed foster family homes having an acceptable history of child care, the license may remain in effect for two weeks after a move, except that this will apply only if the family remains intact.
2. Prior to expiration of an existing license, the licenser or support staff, as determined by local procedure, sends a re-application form to the licensee sufficiently in advance of the expiration date of the license to provide time for return of the signed re-application and department action before the license expires. If the licensee submits a signed application before the expiration date, the old license remains in effect until the department acts on the re-application. The licenser sends the forms and documents defined by regional or local procedures to the licensee as part of the re-application packet.
3. For renewal of a license, the licenser rechecks the criminal history and DCFS files, including CAMIS, and reviews the experiences of the past licensing period with the licensee. As part of the criminal background check, the worker must contact local law enforcement agencies, including tribal police if the person resides or has resided on an Indian reservation or is known to be or may be affiliated with a particular Tribe.
4. The licenser makes a home visit to check for continuing compliance with health and safety aspects as outlined in Checklist DSHS 10-183.
5. The licenser completes the Foster Home Reassessment, DSHS 10-50.
6. The licenser checks to see that the applicant/licensee has updated their Discipline policy, First Aid and CPR training, and that the home meets the health and safety check.
7. At any time during licensure, the licenser may modify or change the numbers, ages, and types of children on the license, depending on the circumstances and/or wishes of the licensee and the evaluation of the licenser.
8. The local office licenser must determine whether to issue a new license per section 5133 above.

5136. Re-Evaluation

1. The licenser re-evaluates the home for suitability for continuing licensure or adjustment to the license, as well as affect on child(ren) in placement, under the following conditions:
   1. Each time a person other than a child in placement moves in or out of the home.
   2. The licensed foster parents divorce or separate.
   3. Serious illness or death of a licensed provider occurs.
2. The licenser must complete a criminal history and background check as described in the Operations Manual, chapter 5000, section 5500, on each new person residing in the home. As part of the criminal background check, the worker must contact local law enforcement agencies, including tribal police if the person resides or has resided on an Indian reservation or is known to be or may be affiliated with a particular Tribe. The licenser must interview the licensee and other appropriate parties, and request other information and documentation, as necessary, to complete the re-evaluation of the home. The licenser must document the re-evaluation in the licensing file.
3. The licenser must inform each licensed facility in writing at the time of re-evaluation that the facility must routinely report all suspected criminal activity and significant events to the licenser in accordance with incident reporting procedures.

5137. Probationary License

1. The licenser may issue a probationary license to a licensee who has had a license but is temporarily unable to comply with a rule or has been the subject of multiple complaints or concerns about noncompliance if the following conditions apply:
   1. The noncompliance does not present an immediate threat to the health and wellbeing of the children but would be likely to do so if allowed to continue.
   2. The licensee has a plan approved by the licenser to correct the area of noncompliance within the probationary period.
2. A probationary license may be issued for up to six months and, at the discretion of the licenser and supervisor, may be extended for an additional six months.
3. The department must immediately terminate the probationary license if, at any time, the noncompliance for which the probationary license was issued presents an immediate threat to the health or well-being of the children.
4. An existing license is invalidated when a probationary license is issued.
5. At the expiration of the probationary license, the department shall reinstate the original license for the remainder of its term, issue a new license, or revoke the original license.

5138. Licensing or Approval of CA Employees for Foster Care or Adoption

5140. Complaint Investigation

1. The local or other designated office must conduct investigations of alleged child abuse or neglect (CA/N) and alleged non-compliance with licensing standards in accordance with Operations Manual, chapter 5000, section 5300, and the DLR CA/N Section Practice Guide - Investigating Abuse and Neglect in State-Regulated Care.
2. The local office must staff each licensing incident report with the CPS investigator, the licenser, their supervisors, social workers for children in the home, and the area manager to assure close communication and clarity of expectations and actions.

5150. Action on Licenses

1. In those cases where an investigation has been completed and substantiation of CA/N has occurred and/or serious non-compliance with MLR has been verified (with unsuccessful corrective action measures), the licenser must consider taking action against the license. DLR must make a determination as to whether licensing action is warranted following case staffing and consultation with the Attorney General's Office as provided below.
2. The licenser must staff the case with all involved DCFS staff, including the CPS investigator, social workers for children in the home, and appropriate supervisory and administrative personnel.
3. Stop Placement Actions:
   1. The DLR licenser may issue a stop placement order for any licensee who is the subject of an investigation of alleged child abuse or neglect or failure to comply with licensing requirements.
   2. The licenser must issue the stop placement order when the department has concerns about the health, safety, and wellbeing of the child in placement. Involved DCFS and DDD staff should participate in the staffing. However, DLR has the ultimate decision-making responsibility in the stop placement action. If the licenser takes such action, the licenser must formally inform all affected staff, including DCFS, DLR, and DDD, of such corrective or stop placement actions.
4. Denial, Suspension, and Revocation
   1. When considering denial, suspension, or revocation, the licenser must confer with the assigned Assistant Attorney General (AAG) to determine appropriate action. If a determination is made to take licensing action, the licenser must prepare a draft denial, suspension, or revocation (as applicable) letter for review by the AAG. The draft letter must include:
      1. A concise summary of the CPS allegations (if applicable), RCW, and WAC violations, findings, and conclusions.
      2. Documentation of corrective action attempted, if appropriate.
      3. Detailed citation of all applicable RCW/WAC violated.
      4. Complete information advising the licensee of their administrative hearing rights, including the filing process and timeframes.
   2. DLR may deny an agency a license. DLR may suspend, revoke, modify, or not renew any license issued pursuant to chapter 74.15 RCW and RCW 74.13.031 upon proof that the agency has failed or refused to comply with the provisions of chapter 74.15 RCW and RCW 74.13.031 or Washington Administrative Code (WAC) applicable to their license. DLR also may suspend, revoke, modify, or not renew a license if the conditions required for issuance of a license under chapter 74.15 RCW and RCW 74.13.031 have ceased to exist with respect to such licenses. RCW 43.20A.205 governs notice of a license denial, revocation, suspension, or modification, and provides the right to an adjudicative proceeding. See the Case Services Policy Manual, chapter 8000, section 8100. RCW 74.15.130
5. Upon approval as to form and content by the AAG, the Regional Manager, as the regional licensing authority, must sign and send the final letter by certified mail or other proper method of service to the licensee as provided in Chapter 43.20A RCW.
6. In any adjudicative proceeding regarding the denial, modification, suspension, or revocation of a foster family home license, the review judge must uphold the department's if there is reasonable cause to believe that:
   1. The applicant or licensee lacks the character, suitability, or competence to care for children placed in out-of-home care; however, no unfounded report of child abuse or neglect may be used to deny employment or a license;
   2. The applicant or licensee has failed or refused to comply with any provision of chapter 74.15 RCW, the licensing chapter, RCW 74.13.031, authorizing child welfare services, or chapter 388-148 WAC or 388-160 WAC (Overnight Youth Shelter; or
   3. The conditions required for issuance of a license under chapter 74.15 RCW, RCW 74.13.031, and chapters 388-148 or 388-160 WAC have ceased to exist with respect to such licenses. RCW 74.15.130

5160. Recruitment and Retention of Homes

Recruitment and retention activities are an on-going statewide process, with emphasis in the local area on the need for specially skilled homes for specific children. Recruitment is primarily a responsibility of DCFS and a secondary responsibility of DLR and the licenser. Assigned DCFS staff are encouraged to conduct outreach to people of different racial and ethnic backgrounds as part of a regular and periodic effort to recruit new homes.

5170. Placement Activities

5171. Licenser Role

1. The licensing regulatory functions are designed to safeguard the well-being of children in out-of-home placements. Therefore, the primary duty of a licenser is to periodically review whether the applicant/licensee is in compliance with MLR.
2. The licenser does not play a role as a placement worker, but has a secondary responsibility as a resource developer.
3. The Regional Manager manages the role of licenser under the following conditions:
   1. Each Regional Manager develops procedures that specifically outline how staff will carry out licensing and monitoring functions. Such procedures must address at least:
      1. Waiver processing and approval.
      2. Processing of Incident Reports.
      3. Complaints/corrective actions.
      4. Shared decision-making.
      5. Separation of functions for licensers.
   2. The local or other designated office must conduct all investigations of incidents in licensed facilities in conformance with the Operations Manual, chapter 5000, section 5300.
   3. The Regional Manager must, within available resources, arrange for training for licensers and other affected staff specifically designed to provide increased expertise and ongoing clarification of job functions and expectations.
   4. The Regional Manager is expected to maintain a complete separation of child welfare case services from licensing duties in all offices.
   5. The Regional Manager shall provide ongoing case consultation with each licenser to identify or eliminate any possible situations that could result in conflict arising from regulatory as opposed to placement issues.
   6. The licenser shall staff all problematic licensed homes with the social workers for children placed, the DLR CPS investigator assigned to do incident reports, and involved supervisors. The staffing shall consider, with other issues identified by the group, conclusions of the CPS or licensing investigation(s) and recommendations for corrective action. The staffing shall also consider the cumulative seriousness of multiple complaints.
   7. The licenser shall request consultation with the AAG regarding proposed corrective actions resulting from MLR violations.
   8. The Regional Manager and the licenser shall discuss and review all requests for waivers and compliance agreements for children's health and safety needs. Neither the licenser nor the Regional Manager shall endorse such a request if it compromises health and safety. They shall seek administrative consultation on a case by case basis.
   9. If a serious issue is identified in a licensed home with or without a finding of abuse/neglect and a conflict occurs between the licenser of the home and the social worker for the child(ren) placed, the assigned supervisors for those staff shall resolve the conflict, consistent with the Operations Manual, chapter 5000, section 5100. The protection of the children involved shall be paramount to any other consideration.
   10. Where the DCFS supervisor and the OFCL Regional Manager are unable to resolve the conflict between the workers, the Regional Manager and the appropriate Area Manager shall make an effort to resolve the issue. If they are unable to do so, the Regional Administrator and the Chief, OFCL, will make the final decision.

5172. Considerations for Placements

When it is necessary to place a child or sibling group into foster care, the focus of the placement worker and the worker assigned to the child(ren) is first on meeting the child(ren)'s individual needs by providing the least restrictive possible placement. When the assigned worker requests a foster home for a child(ren), the placement worker consults the licenser, as appropriate, and considers the following when identifying a suitable home:

1. The child(ren)'s proximity to their own home and family to facilitate visitation with parents.
2. Closeness to the child(ren)'s school or child day care so that attendance is not disrupted.
3. The foster family’s ability to meet the child’s cultural, linguistic, and religious needs. A foster family need not be of the same ethnic background as the child in order to meet the ethnic or cultural needs of a child. Unless CA staff identifies a compelling reason, CA staff will not match children on the basis of race to foster or adoptive families.
4. In the case of behaviors that pose a danger to other children, a home that have either no children or children older than the child being placed.
5. If many medical or counseling appointments are anticipated, the availability of a caretaker or substitute at home, which is essential with medically fragile or severely disabled/special needs children.
6. The experience and skill level of the foster parent.
7. The capability of the foster parent to meet the identified needs of the child, such as behavioral or physical needs.

   The placement worker uses these primary factors plus other case-specific and unique criteria as guides in searching for the most appropriate placement.

5175. Health and safety Reviews

DLR OFCL licensers must complete health and safety reviews of licensed homes on a selective basis as prescribed by DLR. The licensers must follow the guidelines for the reviews contained in chapter 4000, section 4421, Health and Safety of Children, including face-to-face interviews with the children in care.

5180. Foster Parent Supports

5181. Training

1. The local office licenser must offer Orientation and Pre-Service Training on a regular basis and sends notice of classes to those potential applicants who have inquired about a license. The licenser has applicants complete Pre-Service Training prior to approving the license, unless attendance has been postponed by a properly authorized waiver, to the extent provided by law and limited to 90 days.
2. Children’s Administration provides more comprehensive training, including PRIDE. The Foster Parent Trainer may reimburse child care and mileage at state rates, upon request and subject to availability of funds for this purpose.
3. The licenser identifies and makes available other training opportunities for foster parents, as budgets permit. The licenser shall encourage the foster parents' participation.

5182. Support Services

1. The licenser often becomes aware of problems or concerns which arise due to child(ren)'s behavior, payment issues, communication between the social worker and the foster parent, or conflicts regarding case plans. The licenser must attempt to clear up such questions by providing general information and refer the foster parent to the child's worker, the worker's supervisor, and/or inform the worker and the supervisor of the problems/concerns. At other times, the licenser may convene a meeting of concerned parties to open communication and resolve issues.
2. The licenser informs the foster parents that they have access to peer support through the statewide Foster Parents Association of Washington State (FPAWS). The licenser also provides information to foster parents about availability of Foster Intervention/Retention Support Team (FIRST) at the time of licensing, upon request, and at the time of a CPS investigation.
3. Support services, such as respite care, may be available but can vary from region to region, depending on budgetary allotments and program development. See chapter 4000, Section 4510, for a description of Respite Care for foster parents. The Regional Administrator must issue procedures identifying the nature of such services available in the region and the steps the DCFS social worker must take in behalf of the licensee to access them.

5183. Ancillary Supports

The social worker consults regional procedures to access ancillary support services for foster parents. Home Finders are a resource to provide information on regional availability of this service.

5184. Foster Parent Liaison

1. The legislature, in RCW 74.13.340, mandated that CA provide foster parent liaison positions throughout the state. See the CA Case Services Policy Manual, chapter 8000, section 8110. CA contracts with the liaison agencies to:
   1. Provide support, consultation, and assistance to foster parents in accessing the DCFS and DLR systems;
   2. Troubleshoot issues;
   3. Promote teamwork between the foster parent and the social worker; and
   4. Expedite the licensing process.
   5. See the specific foster parent liaison contract for additional details on services.
2. The CA social worker must refer the foster parent to a liaison in instances where the foster parent requests assistance from a liaison.

5190. File Maintenance

Each Regional Manager shall have staff maintain Family Foster Home Licensing files in accordance with record management requirements of the Operations Manual, chapter 13000, section 13500.

5200. RELATIVE CARETAKERS AND NON-CUSTODIAL PARENTS

1. When a child is placed in out-of-home care, a due diligent search for the child's parent(s) and/or legal guardian(s) shall be initiated by the assigned social worker. The due diligent search shall continue until the child is legally free or the permanent plan for a child has been completed. The search for any custodial, non-custodial, or absent parent(s) and/or legal guardian(s) may include the following actions:
   1. When a child is placed in out of home care under a voluntary placement agreement, the parent or legal guardian(s) who signs the agreement must provide information regarding a child's other parent, legal guardian(s), or relatives.
   2. For a child placed by court order, the court order shall include specific language requiring the parent(s) or legal guardian to provide information regarding relatives (including absent parent(s) or legal guardians).
   3. If a parent(s) or legal guardian(s) does not provide information regarding other custodial, non-custodial, or absent parents, the child's social worker can access the Federal Parent Locator service which is available to Children's Administration through an Inter-Agency Data Sharing Agreement with the Division of Child Support (DCS). However, this service is not available for locating relatives. Children's Administration has designated employees (federal funding staff) in regional and field offices that have been approved to access the DCS Support Enforcement Management System (SEMS).
   4. Follow any relative search policy including searches in-state and out-of-state.
2. If the Children's Administration is unable to locate parent(s), relatives, and/or legal guardian(s) as stated in (A. 1-3), then the social worker will document other reasonable efforts to locate custodial, non-custodial, absent parents, and/or legal guardians and other relatives.
3. Once a child is legally free, the due diligent search for the child's parent(s) and/or legal guardian(s) shall be terminated; however, CA shall continue to search for relatives as possible long term placement resources until the permanent plan is completed.

5201. Emergency Planning for Licensed and Unlicensed Caregivers

1. Purpose

   To store current licensed and unlicensed caregiver(s) name, address and phone number and emergency contact information for all children in out-of-home care, in case of a disaster or emergency.

2. Policy
   1. The assigned DLR licensor (licensed placements) and the assigned Social Worker (unlicensed placements) will ensure the following information is documented in the information management system:
      1. Emergency Contact Name; Recommend One In-State and One Out-of-State Contact
      2. Current Address for Caregiver and Emergency Contact Person(s)
      3. Current Phone Number(s) for Caregiver and Emergency Contact Person(s) (As applicable)
   2. The licensor and/or social worker as applicable is responsible for reviewing and updating this information as change occurs and at a minimum once a year.

5210. Service Description

1. After considering the custodial or the non-custodial parent as a placement resource, DCFS regards relatives to be the first priority for placement of children who are removed from their homes. The relatives must be assessed as being appropriate to the child's needs and capable and willing to cooperate with the case plan. The search for relatives shall continue as long as it is in the best interest of the child or until the permanent plan for a child has been completed. The social worker shall document all search efforts for relatives.
2. When a child is being placed through a voluntary placement agreement the social worker shall request from the parent(s) and/or legal guardian(s) information regarding relatives who could be considered as possible placement resources by the department. A VPA is limited to 60 days, unless there is supervisor approval. (See Voluntary Placement Agreement Section 4307 in Practices and Procedure Manual)
3. For a child placed by court order, the court order shall include specific language requiring the parent(s) or legal guardian to provide information regarding relatives or other suitable persons who could be considered as possible placement resources by the department.

5220. Eligibility

Relatives who can assist DCFS and the family in meeting the child's needs are eligible for consideration for placement. Relatives are considered to be those persons who are related to the child by blood, marriage, or adoption. Some relatives who are more distantly related must be licensed as family foster homes. RCW 74.15.020

5230. Procedures

1. Relatives of the child exempt from licensing
   1. Persons related by blood, marriage, or legal adoption to the child, through the mother or presumed or biological father, including:

      Grandparent	Step Parent	Brother	Step Brother
      Sister	Step Sister	Uncle	Aunt
      Nephew	Niece	First Cousin	Second Cousin

   2. Persons of preceding generations related by blood or adoption as denoted by prefixes of grand, great, and great-great.
   3. Spouses of the above persons, even after the marriage is terminated.
   4. Relatives of any half-sibling of the child as stated above.
   5. "Extended family members" as defined by law or custom of the Native American child's tribe or, in the absence of such law or custom, a person who has reached the age of 18 and who is related to the child as defined in this section and further including second cousin and brother-in-law or sister-in-law.
   6. Unless known to the child or family and approved for placement by the court, any other relatives, including relatives of alleged fathers, must be licensed if DCFS or a child placing agency makes or supervises the placement. See the Case Services Policy Manual, Appendix A, for the definition of "alleged father."
2. To consider a relative, who is exempt from licensing as a caretaker, the social worker completes a home study/assessment (per Section 45274 Relative Placement Home Study). The worker completes the study prior to placement, except in the case of a parent making the placement before DCFS takes custody or pursuant to a Shelter Care order or a Dependency disposition order.

5232. Maintenance Funding For the Placement

1. Many relatives and suitable persons known to the child or family are eligible for Temporary Assistance to Needy Families () or other payment source on behalf of the child. The licensed care giver may select foster care or TANF or other payments on behalf of the child in care.
2. If relatives or suitable persons are licensed as foster family homes they may receive state-funded or federally matched foster care payment as reimbursement for the care of the child.
3. Since the amount of the foster care payment varies with the age of the child, it may be to the relative's advantage to select public assistance rather than foster care. However, the licensed care provider may choose either TANF or foster care assistance without regard to eligibility for federal matching funds for costs of foster care.
4. The social worker follows the steps outlined in the Operations Manual, chapter 11000, on federal funding, for proper eligibility determination.
5. Relatives may apply to be the representative payee for SSI/SSA benefits for a related child living with them. If DCFS holds a dependency, DSHS will usually remain payee until dependency is dismissed.

5240. Other Resources

A guide for Home Studies is included in the Interstate Compact handbook/practice guide. See also chapter 4000, section 4527, on placing with relatives.

5300. ADOPTIVE FAMILY HOMES WAC 388-70-400-499

5310. Services to Adoptive Family Applicant

The adoption family worker provides services to adoptive family applicants. The adoption worker participates in efforts to recruit families who want to adopt children with special needs and who are in the care of DCFS. This activity includes both general recruitment and child specific recruitment. The adoption program manager and the program manager of the Washington Adoption Resource Exchange (WARE) are available to provide consultation and recruitment tools. The use of the word "family" in this section includes single parents.

5311. Recruitment

1. General recruitment is designed to acquaint the public with issues involved with the adoption of children with special needs and to interest families in providing this type of service. The social worker may include the following types of activities in general recruitment:
   1. Convene public adoption interest meetings on a regular basis.
   2. Speak at various group meetings to discuss adoption.
   3. Develop a support group of current adoptive parents to participate in recruitment activities.
   4. Develop an adoption booth for placement at fairs, libraries, and other public places.
   5. Work with the media to present prepared Public Service Announcements.
2. Child specific recruitment is designed to identify a family for a waiting child. The social worker may include the following activities:
   1. Present information about children from the WARE Bulletin and the Northwest Adoption Exchange () photo-listing to families expressing interest in adoption of a child with special needs.
   2. Show slide or video presentations of waiting children at public adoption interest meetings.
   3. Work with the media to develop regular features of waiting children.

5312. Limitations on CA Employees as Applicants for Adoption Services

1. Purpose and Scope

   This section affects all CA employees and outlines conditions under which CA employees may be certified as adoptive parents. It is not intended to limit opportunities for staff to be licensed or certified. Rather, it is intended to clarify ethics and alert staff to the potential for conflicts of interest. If an employee chooses, the employee may apply for adoption through a private agency rather than through the department.

2. Definitions
3. For definitions relating to this section, see Appendix A, Definitions.
4. Standard
   1. See section 5138.C, above, for provisions relating to employee ethics.
   2. The DCFS office servicing the community in which a CA employee is seeking to become an adoptive parent through the department shall refer the employee to a DCFS office outside the region(s) in which the employee works. This provision does not apply to the CA employee who is seeking to become an adoptive parent through a private agency.
      1. The DCFS office to which the employee has been referred will receive the completed application, conduct the adoptive home study, determine the suitability of the employee to be an adoptive parent, and provide post-placement case management services.
      2. The employee may receive referrals of suitable prospective adoptive children from offices other than the office in which the employee works. The employee may not receive referrals from the office in which the employee works, even if the referral comes through a private agency.
      3. The employee shall not seek nor accept placement of a child with whom the employee has worked in an official capacity.
   3. To assure confidentiality of client and employee information, the DCFS Regional Administrator, for the DCFS office through which the employee has been certified for adoption, shall direct the sealing of licensing, adoption, and related client electronic files in administrative files.
   4. The following restrictions apply to CA staff who are certified for adoption, or who have applied for such certification:
      1. Such staff shall review their file, including electronic data, only through formal request to the assigned adoption worker.
      2. Such employees are prohibited from independently accessing the files of children placed or who may be placed in the employee’s home.
      3. Such employees are prohibited from using the department’s electronic information systems to obtain data about themselves or children placed or proposed to be placed in their care.
   5. The local DCFS office shall transfer pending adoption applications for new Children’s Administration employees to a region other than the one in which the employee works for completion of the home study and application process. All other applicable provisions of this section shall apply to newly employed prospective adoptive parents.

5320. Adoption Services Intake

1. All family inquiries regarding adoption shall be referred directly to the adoption worker.
   1. The worker will provide the caller with information on the adoption program of the agency.
   2. Information to be provided should include:
      1. The requirement that foster and adoptive applicants (including relatives) need to attend Pre-service. Two parent households will be encouraged to have both parents attend the Pre-service training.
      2. Information on the dates, times and registration information.
      3. The significance of adoption in permanency planning for children in foster care and DCFS' position that the child is the primary client in adoption services.
      4. Adoption of children with special needs, including the types of children awaiting adoption through the department and the resources available to help families that adopt such children.
      5. The procedures for a family to follow in pursuing adoption through DCFS, the differences between foster parent, adoptive, and foster-adoptive placements.
      6. The legal risk involved in foster-adoptive placements and the placement of legally free children under appeal.
      7. The legal procedures involved in adoption, the roles and responsibilities of the family and the department in adoption.
   3. The adoption worker offers families the opportunity to discuss special needs adoption with the worker before they make the decision on whether to pursue this type of adoption.
   4. The worker may refer families that decide that they do not want to pursue special needs adoption to private CPAs providing services for families seeking to adopt readily placed children.
   5. If a family is inquiring about a specific child, the adoption worker informs the family that pursuing an adoptive home study does not guarantee their adoption of the identified child. The worker also solicits their interest in adoption of other special needs children.
2. All departmental requests to initiate an adoptive home study for a foster parent, relative, or interstate adoptive placement must be referred to the adoption worker or unit.
   1. The adoption worker initiates contact with the family when:
      1. The request for a foster parent or relative home study is the result of the Initial Adoption Planning Review (the first adoption staffing).
      2. The request for a home study for an interstate adoptive placement has been approved by the Washington state ICPC program manager.
   2. The adoption worker makes contact with the child's worker to review information about the child being considered for adoptive placement.
3. DCFS must not accept applications from persons:
   1. Receiving adoption services from another agency.
   2. Still in the process of finalizing the adoption of another child.

5330. Home Study Assessment for Foster, Adoptive and Relative Caregivers

5340. Native American Adoptive Families

For Native American/Alaskan Native children, refer to the Indian Child Welfare (ICW) Manual.

1. Upon initial acceptance of a case for service, the social worker must seek to discover and document whether the involved child is of Indian ancestry. The social worker must do this in every case.
2. Each time the case is transferred from one worker or program to another, the social worker receiving the case must confirm that verification of Indian ancestry has previously been completed.

5345. Indian Foster Homes

5346. Purpose and Scope

This policy applies to Children’s Administration (CA) Division of Children and Family Services (DCFS) and Division of Licensed Resources (DLR) staff involved in placement of foster children. The intent is to clarify that DLR is responsible for verifying the Indian status of foster parents.

5347. Policy

1. This policy requires the verification of Indian homes rather than self-identification of Indian status by foster parents. WAC 388-70-091 defines the term “Indian.” WAC 388-70-093 states that documented efforts shall be made to avoid separating the Indian child from his parents, relatives, tribe or cultural heritage.
2. The Indian Child Welfare (ICW) Manual directs both DSHS and private agencies to verify American Indian Status of foster parents for the placement of Indian children. This policy directs DLR foster home licensors to verify American Indian status. DLR licensors are to follow the provisions set forth in the Indian Child Welfare Manual and in the Federal Indian Child Welfare Act.

5348. Definitions

1. "Indian Foster home" is defined as a home in which at least one of the foster parents is a member of a federally recognized Indian tribe, including Eskimo, Aleut, or other Alaska Native or eligible for membership in a federally recognized tribe including Eskimo, Aleut, or other Alaska Native. The form for providing verification of Indian Status is located in Chapter 13 of the Indian Child Welfare Manual (DSHS form 15-128).
2. "Canadian Indian Foster Home" is defined as a home in which at least one of the foster parents is a member of a Canadian First Nations Tribe, a Metis Community, or a nonstatus Indian community from Canada.
3. "Unenrolled Indian Foster Home" is defined as a home in which at least one of the foster parents who does not meet the definition of an Indian foster home or Canadian Indian Foster home is considered to be Indian by a federally or non-federally recognized Indian tribe or off-reservation Indian/Alaska Native community organization regardless of enrollment or membership status.

5349. Procedures

1. Verification of Indian Status
1. DLR staff are to ensure compliance with Section 7.05, (B), (3 and 4) of the Indian Child Welfare Manual. The placement preference order for Indian children is not affected by this policy. See the Indian Child Welfare Manual Section 7.05 for policy regarding placement of Indian children.
2. DLR will verify the Indian status of every foster home licensed. DLR will document whether the home has been verified as an “Indian Foster Home”, a “Canadian Indian Foster Home, or an “Unenrolled Indian Foster home”.
3. The form for providing verification of Indian Status is located in Chapter 13 of the Indian Child Welfare Manual (DSHS form 15-128). Please use this verification form to identify foster parents as Indian. The home study and reassessment needs to document verification.
4. Self-identification of Indian status is not sufficient to consider a foster parent Indian; rather, Indian status must be verified. If the foster parent cannot verify Indian status, the home study is to reflect non-verification even though the foster parent self-identifies as Indian. The home study should state this home has not been verified as an Indian foster home for ICW purposes.
5. The foster home study shall address Indian status and include verification used to document Indian status in the homestudy.
6. DLR will document verification of Indian Foster Home in CAMIS.
2. Reporting requirements
1. Self-identification of Indian status is not sufficient to consider a foster parent Indian. Reports shall not identify a foster home as an Indian foster home unless there is proper verification.
2. Reports under DSHS Administrative Policy 7.01 are to reflect the number of Indian homes that have verified Indian status. Any reference to Indian homes in DLR reports must have verified the Indian status of the foster parents.

5350. WARE Withdrawal

1. DCFS must withdraw families from WARE under the following circumstances, unless an exception is approved by the Regional Administrator:
   1. Upon the adoptive placement of a child with the family.
   2. Upon notice of the family's decision to receive adoption services from another agency or through an independent placement.
   3. Upon the family's physical move from the state.
   4. Upon the family or worker's decision that adoption is no longer an appropriate plan for the family.
   5. Upon the adoption worker's learning of the pregnancy of the potential adoptive mother, the worker may pend registration with the approval of the family.
2. The adoption worker accomplishes withdrawal from WARE by submitting the Change of Status Report, DSHS 15-21. Families are also withdrawn when the DSHS 15-21 is forwarded to WARE by a child's worker at the time of placement. The family's worker must inform the family at any time the family is withdrawn from WARE.
3. Families that want to be re-registered with WARE following withdrawal must reapply for adoption services and have their home study updated. The adoption worker then submits an updated Adoption Exchange Family Registration, DSHS 15-22.

5360. Placement Process

5361. Information Sharing

See chapter 4000, section 45403, for requirements for information gathering relating to prospective adoptions. The adoption worker shares information about children and birth family for whom a family is being considered with that family by using the following guidelines:

1. General information about a referral may be shared with a family each time a referral is made.
2. For policy regarding disclosure of information, see the Case Services Policy Manual, chapter 5000, section 5840.
3. Additional guidelines for information shared with the adoptive family can be found in 42 USC 675, section 475; RCW 26.33.350; RCW 26.33.380: and RCW 70.24.105.
   1. The department, through the assigned social worker, and private adoption agencies and entities must make reasonable efforts to locate records and information concerning the child’s mental, physical, and sensory handicaps.
   2. The entities providing the information have no duty, beyond providing the information, to explain or interpret the records or information regarding the child’s present or future health.
4. The assigned social worker maintains the Health and Education record in accordance with guidelines contained in the CA Practices and Procedures Guide, chapter 4000, section 43092.
5. For requirements regarding the adoption placement decision, see chapter 4000, section 45406, of this manual.
6. The department social worker may not withhold information from prospective adoptive parents if the information has any effect on the parenting of the child. However, if the department intends to withhold information from the adoptive parents, the following approvals are necessary:
   1. The adoption supervisor or a staffing in which adoption specialists are present (such as an adoption planning review) must approve the action; and
   2. Following these approvals, the area manager must also approve withholding of information.
   3. The social worker must document the approval to withhold information in the child’s archived file and must include the signatures of the adoption supervisor and/or adoption specialists authorizing the withholding of the information.
7. The child’s social worker will ask birth parents, for every child in placement or expected to be in placement longer than 90 days, to sign appropriate release of information forms so that information concerning both the child and the birth parents can be gathered from treating professionals, physicians, and schools.
   1. Efforts to obtain information about the child include interviews with relatives; interviews with parents; and requests for information from treatment agencies, schools, and other sources from whom the parents received professional examination, evaluation or treatment.
   2. If parents are unwilling to sign appropriate release of information forms, the social worker must request the court to order authorization of release of confidential records so that background information may be obtained.
   3. The social worker consults the AAG so that the language in the court order meets federal requirements for release of confidential information from substance abuse and mental health treatment programs.
8. If the prospective adoptive placement for the child is with the current foster parent(s) or relative care provider(s), the department will not consider the placement an adoptive placement until an adoptive home study recommends for the adoption and the care providers have acknowledged receipt of all reasonably available information about the child and stated their intent to adopt the child by signing the Child’s Medical and Family Background Report (DSHS 13-041).
9. The child’s assigned social worker must make available and provide copies to the prospective adopting parent prior to adoptive placement a complete medical report containing all known and available medical information concerning the mental, physical, and sensory handicaps of the child.
   1. The report must not reveal the identity of the birth parent of the child, except if already known by the adoptive parents. However, the report must include any known or available mental or physical health history of the birth parent that needs to be known by the adoptive parent to facilitate proper health care for the child or that will assist the adoptive parent in maximizing the developmental potential of the child.
   2. Where known or available, the information the social worker provides must include:
      1. A review of the birth family’s and the child’s previous medical history, including the child’s x-rays, examinations, hospitalizations, and immunizations. Medical histories shall be given on a standardized reporting form developed by the department (DSHS 13-041);
      2. A report of physical examination of the child conducted within the previous 12 months by a licensed physician with appropriate laboratory tests and x-rays;
      3. A referral to a specialist if indicated in reports released in the DSHS 13-041;
      4. A written copy of all evaluations of the child with recommendations to the adoptive family receiving the report;
      5. A chronological history of the events and circumstances leading to the adoptive placement; and
      6. Any available psychiatric reports, psychological reports, court reports pertaining to dependency or custody, and school reports.
   3. The social worker need not copy information in the Passport on the DSHS 13-041, but may incorporate it by attaching the Passport, and documenting the attachment, on the DSHS 13-041.
10. The social worker must disclose to adoptive parents when a child being placed for adoption is receiving or has received mental health services, is or has been prescribed psychotropic medication, has a sexually transmitted disease, and/or is HIV positive. With respect to disclosure of HIV antibody testing or treatment of sexually transmitted diseases, department staff must comply with the following requirements:
    1. The following persons may receive such information if involved in planning for the child:
       1. A department worker;
       2. A child placing agency worker;
       3. A guardian ad litem who is responsible for making or reviewing placement or case-planning decisions or recommendations to the court regarding a child, who is less than 14 years of age, has a sexually transmitted disease, and is in the custody of the department or a licensed child placing agency;
       4. A person responsible for providing residential care for such a child when the department or a licensed child placing agency determines that it is necessary for the provision of child care services.
    2. No person may release information concerning HIV status and sexually transmitted diseases to the adoptive parent of a child over the age of 14 without the consent of the child or an order from the court.
       1. For youth age 14 and above, before disclosing information regarding sexually transmitted disease testing and treatment to prospective adoptive placement resources, the department social worker must obtain a signed consent to release the information from the otherwise competent youth or a court order.
       2. If the youth age 14 or above refuses to sign a release of information or the social worker is unable to obtain a court order authorizing release of information, the social worker must inform the adoptive parents that information exists that cannot be released and document provision of this information.
    3. Department staff cannot release mental health counseling and treatment information, including the prescription of psychotropic medications, to the adoptive parents of a child over the age of 13 without the child’s consent to release the information or a court order.
    4. The social worker must not make a placement without full disclosure, either by consent of the child or court order, of diseases that the child may have or a condition requiring treatment.
    5. If the social worker is unable to disclose HIV or mental health information because of the lack of a court order or consent to release information, the social worker, the worker’s supervisor, and the prospective adoptive parents will have to make a decision on an individual basis whether to proceed with the adoptive placement or finalization of the adoption.
    6. Whenever disclosure is made, the social worker must accompany the disclosure with a written statement that includes the following or substantially similar language:

       “This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of it without the specific written consent of the person to whom it pertains, or as otherwise permitted by law. A general authorization for the release of medical or other information is NOT sufficient for this purpose.”

    7. The social worker must follow an oral disclosure with written notice within 10 days.
11. The prospective adoptive family may consult with a specialist prior to agreeing to adopt the child and signing the DSHS 13-041. The CA social worker will provide to the prospective adoptive family all documents requested (with identifying information of the birth family deleted) in order to facilitate a consultation with a specialist of the family’s choosing.
12. The adoptive parent’s signature on the DSHS 13-041 signifies their intent to adopt the child and acknowledges receipt of the information provided. The prospective adoptive parent’s signature on the DSHS 13-041 does not signify the agency’s approval of the adoptive placement.
13. The social worker includes on the DSHS 13-041 information about the efforts, including unsuccessful efforts, made by the department to obtain information about the child and his/her birth family. See paragraph C, above.
14. The adoptive family's receipt of information about a child, contact with a child's caseworker, contact with a child's foster family, etc., must be governed by procedures that do not violate the confidentiality requirements of case information. Thus, prospective adoptive parents must agree to keep information about the child, family of origin, and foster family confidential.
    1. If a prospective adoptive parent reads the child’s file, the social worker must document that activity and have the adoptive parent sign an acknowledgment of having read and reviewed the file.
    2. In addition, the social worker must request that the adoptive parent initial each page of each document, including the Service Episode Record (SER), the adoptive parent has reviewed.
15. For guidelines for archiving of records of legally free children, see the CA Operations Manual, chapter 13000, section 13930.

5362. Placement Selection and Decision

1. The social worker evaluates families referred for a legally free child or for a foster-adoptive placement to determine which of the families can best meet the needs of the child using the following criteria:
   1. The family's ability to meet the physical, emotional and mental needs of the child.
   2. The compatibility between the child's personal characteristics and the expectations of all members of the adoptive family.
   3. The specific experiences and/or training the family has had which prepares them to provide for the special needs of the child.
   4. The resources in the family's community which are available to meet the special needs of the child.
   5. The degree to which the family is willing to initiate and participate in medical and/or therapeutic treatment.
2. The professional staff of the CA office with administrative responsibility for the child makes the final decision on placement of a child with an adoptive family. The child's worker makes the final placement selection for families referred from the WARE and other referral sources in conjunction with the CWS supervisor. The CA professional staff considers the following criteria:
   1. The child's attachment with the foster family and length of time in the foster care placement.
   2. The ability of the adoptive family to meet the special needs of the child.
   3. The ability of the adoptive family to meet the cultural, linguistic, and religious needs of the child. An adoptive family need not be of the same ethnic background as the child in order to meet the ethnic or cultural needs of the child. Unless CA staff identifies a compelling reason, the social worker will not match children on the basis of race to adoptive parents.
   4. Willingness to provide long-term contact with siblings who may be placed elsewhere, appropriate birth relatives, former foster families, or other individuals who may have prior relationships with the child.
   5. Whether or not the adoptive family is a birth relative. If a relative, the following factors shall also be evaluated:
      1. The relatives' previous relationship with the child.
      2. The relatives' ability to protect the child, if necessary, from the parents of origin while avoiding portraying them in an unnecessarily negative manner.
3. For foster-adoptive placements, the foster-adoptive family shall sign a permanency planning placement agreement. See section 45352.

5363. Visitation

The child's foster parents may be involved in planning and implementing plans.

1. The purposes of visitation include:
   1. To initiate contact between the prospective adoptive family and the child and to observe the relationship as it develops.
   2. To allow the prospective adoptive parents and child(ren) an opportunity to begin to know each other, to form an attachment, and to grieve the losses of the prior relationships that are ending.
   3. To allow the prospective adoptive family, the adoption worker, the child, and the child's social worker an opportunity to make a continuing evaluation regarding suitability of the placement.
2. The child's worker:
   1. Selects the location of the visitation.
   2. Accompanies the child on the initial visit.
   3. Discusses each visit with the child and family after they have occurred.
   4. Decides at each point whether to proceed with visitation and/or placement in consultation with the family and the child.
3. The length of visits and total amount of time between first meeting and placement will vary. The age and developmental level of the child(ren), their attachment to the foster family, and their emotional readiness to move are all factors to consider. A typical placement transition may include three to five pre-placement visits, with each visit increasing in length until child is actually placed. Open contact between the new family and the family the child is leaving should occur whenever possible and when in the child's best interest.

5370. Post-Placement Support Services

1. The purpose of post-placement services is to support continuing placement of the child in the family by providing needed services or referrals.
2. The assigned social worker provides on-going casework supervision of the adoptive placement and coordinates needed support services for the family and/or child. Post-placement support services may include the following:
   1. Casework services designed to assist the family and child during the initial adjustment period. Contacts shall be maintained, at a minimum, on a monthly basis and may be face-to-face or telephone. The social worker must document these activities in the case SER.
   2. Information and referral to community resources.
   3. Formation of and leadership in adoption support groups for parents of adoptive children.
   4. If an SSI application has not been considered and seems appropriate, the social worker refers the case to the regional federal funding unit, SSI facilitator. An SSI allowance with an application prior to the petition to finalize adoption can mean IV-E funding of otherwise state-funded adoption support.
   5. The assigned social worker provides the family with a copy of the Adoption Support Brochure and asks the family if they are able to adopt without adoption support. The worker must note the family’s response in the child’s file. The worker must complete and submit the family's application for adoption support and adoption non-recurring cost programs to the regional adoption support program manager. The social worker must be sure that the family has a signed adoption support agreement and adoption non-recurring cost agreement before finalizing the adoption.
3. At the time when the family, the child, and the adoption worker mutually agree that finalization of the adoption is in the best interest of all persons involved, the adoption worker encourages the family to retain an attorney to file the petition for adoption. An adoptive parent may petition to adopt without an attorney when there is no need for DCFS to release confidential information; for example, the adoption of an older child when the names of the birth parents are already known to the adopting parents.
4. An attorney retained by the adoptive family files the adoption petition. The adoption worker provides the attorney with the necessary documents and information when the worker is satisfied that finalization is in the best interest of the child and the family. The documents include:
   1. A certified copy of the legal order of termination of parental rights.
   2. Release and Consent to Adoption signed by the Regional Administrator or designee or information indicating where to obtain consent if that responsibility does not lie with the Regional Administrator.
   3. Adoption consent from children 14 years of age and older.
   4. A completed Application for Adoption Re-Registration, DSHS 9-465, for issuance of the child's revised birth certificate.
   5. The date the pre-placement report was filed with the court.
   6. A copy of the final signed Adoption Support Agreement, if applicable.
   7. A request for a copy of the certified decree of adoption after finalization.
5. The assigned social worker completes court work that includes:
   1. Dependency reviews until adoption is finalized.
   2. Individual Service and Safety Plans.
   3. Post-placement report.
   4. Notification of GAL and juvenile court that adoption is finalized and obtain dismissal of dependency order.

5371. Disruption Services

Disruption services are designed to develop a new placement plan for a child when it becomes evident, prior to finalization of an adoption, that the adoptive placement should not continue.

5380. Post-Placement Report

1. The court, after accepting a petition for adoption, orders a post-placement report to advise the court as to the propriety of the adoption.
   1. The department shall be named to complete a post-placement report for a child for whom it provided post-placement services.
   2. The adoption worker completes the Adoption Data Card.
   3. The adoption worker completes the Waiver of Notice of Further Hearing, DSHS 9-54, or the Acknowledgment of Notice and Declaration of Intent Not to Appear, DSHS 9-56, provided the departmental recommendation is positive and the parental rights of the child to be adopted have been terminated.
2. If the post-placement report is negative, the department shall request representation by the Office of Attorney General (or local prosecutor, where applicable) at a hearing on the matter. In this case, the DSHS 9-54 and the DSHS 9-56 shall not be included with the post-placement report.

5390. Post-Finalization

5391. Post-Decree Action

See chapter 4000, section 4740, for actions to take following issuance of the final decree of adoption.

5392. Post-Adoption Services

1. Post-adoption services are provided to the adoptive family after finalization of the adoption when those services are needed to support the adoption and to identify community resources necessary to maintain the placement.
2. Non-identifying information contained in the child's archived record may be obtained for medical or emotional treatment when requested by a treating professional, accompanied by a signed release from the adoptive family or adult adoptee. All requests shall be sent to the Adoption Program Manager in Olympia.
3. For a Native American child, the family and/or child shall be informed that the Local Indian Child Welfare Advisory Committee (LICWAC) and/or local Indian consultant are available for consultation related to the adoption.
4. Adoptees seeking identifying information will be requested to consult with the clerk of the court granting the final decree. The court may, at its discretion, issue an order directing the opening of any records of the adoption.

5400. CHILD CARE

1. PURPOSE

   To provide quality safe child care to meet the family needs, and promote safety, permanency and well-being.

2. POLICY
   1. Social workers must verify the following criteria are met before authorizing CA child care:
      1. The child has an open CA case, and
      2. The child is 12 years old or younger, or is under age 19 with verified special needs per WAC 388-165-210, and
      3. The child's case plan identifies the necessity for child care and is based on the needs of the family.
   2. Social workers must verify child care services are provided by a qualified provider per WAC 388-165-108 and WAC 388-165-235.
3. PROCEDURE
   1. Child Care for Children Placed in Out-of-Home Care

      The social worker will:

      1. Review the needs of the family and child to identify when CA paid child care is needed rather than Head Start or Early Childhood Education and Assistance Program (ECEAP).
      2. Authorize funding for part-time or full-time child care for:
         1. Caregivers who have legitimate, on-going commitments, such as part-time or full-time employment, or continuing education to maintain employment, or
         2. Caregivers and/or children who have extra-ordinary circumstances which require child care (e.g. for a child who is enrolled in a child care program and needs continuity of care between placements or short-term employment transition of caregiver.)
      3. Do not authorize child care funding for:
         1. A two-parent caregiver family where one parent is employed and the other parent is unemployed and at home.
         2. A two-parent caregiver family where both parents are unemployed and at home.
         3. Caregivers requesting child care for placement stabilization (instead respite or other services should be offered).
      4. Develop a child care agreement with the caregiver's signature and include it in the case plan. This agreement will require the caregiver to notify the social worker of any changes in status that might warrant a change in child care authorization (e.g. employed to unemployed).
      5. Do not refer a child in out-of-home placement to Economic Services Administration/Community Services Office (CSO) for Working Connections Child Care (WCCC). It is CA's responsibility to provide child care for children in out-of-home placement.
   2. Child Care for Children Living in Their Own Home

      The social worker will:

      1. Only approve child care funding for children living in their homes when necessary to address safety issues or prevent out of home placement.
      2. Review the needs of the family and child to identify when CA paid child care is needed rather than Head Start or Early Childhood Education and Assistance Program (ECEAP).
      3. Develop a child care agreement with the caregiver's signature and include it in the case plan. This agreement will require the caregiver to notify the social worker of any changes in status that might warrant a change in child care authorization (e.g. employed to unemployed).
   3. Licensed Child Care

      The social worker will authorize licensed child care only when one of the following criteria is met:

      1. If the child is enrolled in a center-based child care program, the facility must be licensed by Department of Early Learning (DEL) or equivalent agency in another state.
      2. If the child is enrolled in a family child care home, the home must be licensed by DEL or equivalent agency in another state.
      3. If the child care program or home is exempt by DEL (military, public schools or Tribal Nations), the home or center must be certified by DEL or equivalent agency in another state.
   4. Unlicensed In-Home Child Care

      The social worker will:

      1. Authorize child care services to be provided in an unlicensed home only when the provider is:
         1. A person unrelated to the child providing child care in the child's own home; or
         2. A relative listed below, who lives outside the child's home, providing child care in the child's own home or in the relative's home.
            1. Grandmother or grandfather,
            2. Aunt or uncle,
            3. Cousin, or
            4. Adult siblings not living with the child's parent(s).
      2. Consider family's culture, which may support a broader definition for relative. Authorizations for other degrees of relationship, including but not limited to great and great-great, are approved on a case-by-case basis.
      3. Do not authorize child care provided by the following relatives:
         1. Father or Mother,
         2. Siblings living with either parent, or who are under the age of 18,
         3. Stepfather or stepmother,
         4. Step siblings living with either parent, or who are under the age of 18.
      4. Verify and document the following to approve the in-home provider:
         1. The age, maturity, and suitability of the caregiver. The caregiver must be 18 years of age or older, and of sufficient physical, emotional, and mental health to meet the needs of the child.
         2. Complete a background check per policy (5513 BCCU Background Check Policy).
      5. Obtain the parent/guardian signature on the child care assurance plan and follow the requirements of WAC 388-165-235.

5420. Licensed Child Day Care Providers

Supportive to DCFS client families, child day care licensing is administered by the DLR Such facilities include:

1. Child Care Center-A Child Care Center cares for 13 or more children in an out-of-home facility and must be licensed by DSHS.
2. Family Child Care Home-A Family Child Care Home cares for up to 12 children in a family home and must be licensed by DSHS.

5500. INDIVIDUALS ENGAGED BY CA

5510. Service Description

Volunteers, students, interns, and any other individual, whether paid or unpaid, engaged by CA to provide care, supervision, or treatment for children shall be assessed for appropriateness and capability. Hourly respite care providers who support foster parents are included in this group.

5520. Eligibility

Prospective employees or volunteers will have appropriately clear criminal history and CA record checks as well as the necessary skills and suitability to provide care, supervision, or treatment for children for whom the agency is responsible. Those individuals who will be transporting clients must possess a valid driver's license recognized by the state of Washington along with adequate insurance coverage.

5530. Procedures

1. The social worker or Community Resource Program Manager must have the applicant complete a Criminal History and Background Inquiry form, DSHS 14-239, and submit it according to procedures outlined in the Operations Manual, chapter 5000, section 5500. As part of the criminal background check, the worker must contact local law enforcement agencies, including tribal police if the person resides or has resided on an Indian reservation or is known to be or may be affiliated with a particular Tribe.
2. The worker completes a review of CA records that may exist, including a CAMIS inquiry.
3. Local or regional procedures may designate a specific person other than the social worker to complete the above steps.
4. Approved applicants for volunteer or paid positions shall complete any required documentation applicable to the service they are providing.

5540. Other Resources

There are several handbooks and pamphlets published regarding the use of volunteers in DSHS. Some regional and local offices have Community Resource Program Managers. Respite care providers for foster family homes are often the responsibility of the licenser.

5600. INTERSTATE COMPACT

1. Interstate Compact on the Placement of Children (ICPC) Handbook, issued by CA, contains the steps necessary for the social worker to follow to place a dependent child into another state when dependency will be maintained in a Washington court with supervision of the placement required.
2. The assigned social worker also must do home studies on parents, relatives, foster parents, and adoptive homes for placement of dependent children from other states as part of the ICPC process. Criminal history checks are required for all ICPC home studies. If the home study is positive and placement is made, the assigned DCFS social worker provides supervision as long as the dependency remains in effect in the sending state. Refer to the ICPC Handbook for additional procedures.

5650. Considerations & Notification for Placement Moves

1. PURPOSE
   • To support concurrent planning and the permanent placement of children
   • To minimize placement moves for children in out of home care
   • To provide notification to caregivers when moves must occur
   • To promote partnership with caregivers to support the children's needs for achieving timely permanent plans
   • To increase early case consultation with supervisors and area administrators (AAs) for child placement moves and permanent planning
2. POLICY
   1. CA staff must minimize placement moves for children in out of home care. When determining if a child should be moved, CA staff must consider the safety of the child, the child's permanent plan, and the child's best interests.
   2. RA approval is required prior to any placement move for a child who has been in the same placement for 12 months or longer except under the following circumstances:
      1. The child must be moved quickly because safety concerns prevent the child from remaining in the current placement.

         Note: If Division of Licensed Recourses (DLR) CPS investigator assesses a child's safety is in jeopardy, the investigator informs the CA supervisor of the safety issues. If resolution is not possible, the removal decision will be made by the region's chain of authority process.

         Note: A DLR/CPS decision to make a finding or revoke a foster care license is not the same as a determination that a child's safety is immediately in jeopardy.

      2. The current caregiver requests immediate removal of the child and is unable or unwilling to continue providing care to the child even with supports.
      3. The court has ordered that the child be reunified with a parent or guardian.
      4. The proposed change in placement will meet the child's permanent plan of:
         • Adoption:

           1. When an approved adoptive family has been identified; and

           2. When the current caregiver has indicated s/he will not be an adoptive placement

         • Third party custody
         • Relative Guardianship (R-GAP)

         And, Prior to the child's proposed change in placement the child's current caregiver(s) attended one or more shared planning meetings in which the placement move was discussed and does not object to the child moving to a new home.

      5. Child has reached the age of 18.
      6. The Court has ordered the child moved to a different placement.

         Important: The social worker may not recommend to the court that a child be moved from a home without prior RA agreement, unless the placement move falls within exceptions one through five of this policy.

   3. If the child is in a temporary or therapeutic placement* and the plan is return to the previous caregiver (who has cared for the child for 12 months), this policy applies as though the child were still in the caregiver's home.

      *Temporary or therapeutic placements include hospitalization, Behavioral Rehabilitate Services (BRS), CLIP, retention or child specific respite, detention, CRC, camp, or on the run.

   4. Social Workers will notify caregivers when a decision is made to move a child. At least five (5) days prior to moving a child, CA staff must provide written notification to the current caregiver of a child's proposed move, unless:
      1. The child has resided in the placement for less than 90 days.
      2. Safety concerns prevent the child from remaining in the current placement.
      3. A court order requires an immediate change in placement.
      4. The child is residing in a receiving home or a group home. RCW 74.14A.020 and RCW 74.13.300

      Note: When a child must move prior to the five (5) day written notice, notice must be given to the family as soon as possible.

3. PROCEDURE
   1. Prior to requesting RA approval for a child's change in placement from a caregiver who has cared for the child for one year or longer, CA staff must complete the following steps:
      1. Consult with his/her supervisor and area administrator about the recommendation to move a child.
      2. Follow procedures in the Indian Child Welfare Manual if the child is an Indian child
      3. Conduct a Family Decision Team Meeting (FTDM) or Shared Planning Meeting to discuss:
         • If the placement is in the child's best interest
         • What supports could be used to sustain the placement so that it can be a permanent placement resource or until the child/youth is placed with a permanent family
         • How the placement move will support the achievement of the child's permanent plan.
      4. Document all child placement decisions and discussions in the electronic case file.
      5. Provide the AA a written explanation of the need for the child's placement move. Attach documentation of the decisions from the Shared Planning Meeting.
      6. If the AA concurs with the request for the placement move, the AA forwards the request to the RA.
      7. Prior to making a recommendation to the court supporting a placement change, RA approval is required.
   2. When a caregiver is requesting the immediate removal a child, complete the following steps:
      1. Conduct a Family Decision Team Meeting (FTDM) or Shared Planning Meeting to discuss:
         • If the placement is in the child's best interest
         • Possible supports to create a permanent placement resource or until the child/youth is placed with a permanent family
         • How the placement move will support the achievement of the child's permanent plan
      2. Explore services available to stabilize the child in the current placement. Services could include:
         1. Respite
         2. Parent Child Interaction Therapy (PCIT (child ages 2 to 7)
         3. Functional Family Therapy (FFT) (child ages 11-17)
         4. Incredible Years (child ages 2 to 7)
         5. Family Preservation Services (FPS)
         6. Intensive Family Preservation Services (IFPS)
         7. Crisis Family Intervention (CFI) (formerly FRS Phase II)
         8. Other stabilization services and supports
      3. Review current relatives, non-related kin ("suitable persons"), and siblings' placements as possible placement resources.
      4. Document all placement discussions and decisions in the electronic case file.
   3. When a decision has been made to move a child and the child has been in the current placement for 90 days or longer, the social worker is responsible for notifying the caregiver of the move. Five days prior notice is required unless:
      1. The child is being moved for safety reasons
      2. An immediate move is required due to a court order
      3. The child resides in a receiving home or group home

5700. ADOPTION SUPPORT

5710. Service Description

DCFS, under authority of chapter 74.13 RCW, provides post adoption assistance to prospective adoptive parents to enable them to adopt hard-to-place children. The assistance can take several forms, including medical coverage and financial assistance to meet the special needs of these children.

5720. Eligibility

1. Not all children with special needs or conditions are eligible for adoption support. To be eligible, a child must meet all of the conditions described below:
   1. Is residing in or likely to be placed in out-of-home care.
   2. Is hard to place for adoption as demonstrated by registration with WARE for 90 days or longer without an appropriate family being identified. Reasonable efforts have been made to place the child for adoption without adoption support services.
   3. The social worker must fully document pre-existing special needs conditions and efforts to place the child without adoption support before the child’s registration with adoption support. AC4F-PIQ-89-02
2. In cases of adoption by foster parents, the following eligibility criteria must be met in order to establish the child as hard to place. However, the child does not need to be registered with adoption exchanges if the following apply. The child must:
   1. Have been in the foster parents' home for at least six months prior to becoming legally free.
   2. Have close emotional ties to the current foster family which, if severed, could cause emotional damage to the child.
   3. The foster family must have been identified as the adoptive family of choice by the agency having custody of the child.
3. Has one or more of the following documented special conditions that creates a barrier to adoption and contributes to the child being hard to place for adoption:
   1. Physical or mental disability.
   2. Emotional/psychiatric disturbance.
   3. Ethnic background, including race, color, and/or language.
   4. Age (six years or older).
   5. A diagnosed medical condition which is chronic and/or severe and/or a diagnosed medical risk condition.
   6. Member of a large sibling group (three or more); or if a sibling group of two, at least one sibling was previously adopted by the family or one of the siblings being adopted is over six years of age).
4. Is legally free for adoption. ACYF-PIQ-82-18
5. Is seventeen years of age or younger at the time the agreement is signed. RCW 74.13.109
6. Adoption is the most appropriate plan.
7. Adoption support shall not continue beyond the adopted child’s 18th birthday, becomes emancipated, dies, or otherwise ceases to need support, unless the adoption support program manager determines that continuing dependency after the child reaches 18 years of age warrants the continuation of support.

5721. Payment Determination and Standard Adjustments

The regional adoption support program manager considers the factors outlined in the CA Case Services Policy Manual, chapter 9000, section 9200, when setting the amount of any payment or payments or in adjusting standards.

5730. Procedures

5731. Application

1. The prospective adoptive family must apply for adoption support services prior to finalization of the adoption. The adoptive family must submit a separate application for each child being adopted. The terms of the agreement are negotiated between the adoptive family and the social worker, with final approval authority resting with the regional adoption support program manager. See section 5732. The application includes:
   1. The social worker and the family initiate the process by completing the application, DSHS 10-62 and DSHS 10-62A, together. The agreed upon payment is expected to combine with the parent's resources to cover the ordinary and special needs of the child for an extended period of time.
   2. Monthly cash payments to the family cannot exceed the established regular and family foster home special rates. The specific amount of the payment will be determined by an evaluation of the difference between the costs of the child's documented needs and the family, community and state resources available to meet those needs. ACYF-PIQ-86-05
   3. If requested by the social worker or the regional adoption support program manager, the adoptive parent must submit a copy of the family's most recent Federal Income Tax Return, IRS 1040, with the application for adoption support. RCW 74.13.121
2. The worker submits the application, DSHS 10-62 and 10-62A, to the adoption support program manager for approval. In addition to the two application forms, the completed packet includes the following:
   1. Child's Registration, DSHS 10-061(X), with a brief summary of the child's history, behavior, and primary reasons for the adoption support request.
   2. Reports documenting the child's special need or conditions and diagnosis, including any pre-existing and anticipated medical needs/prognosis. ACYF-PIQ-89-02
   3. A copy of the Adoption Planning Review, DSHS 15-174.
   4. Adoption Support Monitoring Schedule, DSHS 14-319, indicating the child's funding source for adoption support services.
   5. SSI award letter, if applicable.
   6. Orders of termination of parental rights.
   7. If an open adoption agreement exists, a copy is to be included.
3. The regional adoption support program manager must process only completed application packets within 30 days of receipt. The manager shall immediately return incomplete packets to the sender for completion and re-submittal.

5732. Initial Agreement

An initial agreement for adoption support services must be signed by all parties to the agreement prior to finalization of the adoption. If this does not occur, the family will be ineligible for adoption support except as provided in sections 5734 and 5735, below.

1. Upon approval of the application, the regional adoption support program manager issues an agreement to the adoptive parents and sends a copy to the service worker, thereby notifying the worker of the agreement and authorized services.
2. If, after reviewing the agreement, the family has questions or wishes to seek changes in the agreement, the family may contact the regional adoption support program manager.
3. If the family finds the agreement acceptable, the family must sign, date, and return the full agreement to the regional adoption support program manager. The agreement becomes a binding contract only after all parties to the agreement, including the designated agency persons, have signed. RCW 74.13.124
4. Adoption support services must be continued regardless of where the family resides.

5733. Non-Recurring Costs Agreement

1. Certain non-recurring adoption expenses may be reimbursed by adoption support. Reimbursement may be made for the following:
   1. Adoption fees.
   2. Court costs.
   3. Revised birth certificates.
   4. Attorney fees.
   5. Costs related to the adoption home study, required health and psychological examinations, placement supervision, and pre-placement visits (lodging, meals, transportation, etc.).
2. These costs are available to any family adopting an eligible special needs child, with no income requirement. Non-recurring adoption expenses may be available to children not receiving adoption support services if the child otherwise qualifies. 45 CFR 1356.41(d) and (f)
3. The prospective adoptive parent(s) must submit a separate application specific to non-recurring costs reimbursement prior to finalization of the adoption. Claims must be filed within two years of the date of the final decree of adoption 45 CFR 1356.41(c)
4. The regional program manager issues a separate non-recurring costs agreement for each child being adopted specific to the costs of that child's adoption. This agreement must be signed by all parties to the agreement prior to finalization. Without this signed agreement, the costs cannot be reimbursed to the family. This agreement is limited to $1500 per child and is paid on a reimbursement basis following finalization. 45 CFR 1356.41(f)

5734. Reconsideration

1. The department may, within available funds, provide limited adoption support through a reconsideration process if the child met the criteria for ongoing adoption support in Washington state at the time the adoption was finalized. The regional adoption support program manager uses documented evidence available at the time of the adoption to make this determination.
2. The child and the child's family must be current residents of the state of Washington.
3. The family must complete the application for adoption support reconsideration and provide the adoption support program manager with requested information.
4. Adoption support assistance must be defined in a reconsideration agreement and is limited to counseling and medical services for corrective/rehabilitative services. Maximum allowable payment per child is $20,000 under Medicaid.

5735. Eligibility for Adoption Support after Adoption

For adoptions occurring in or after the year 1981, certain adopted children may be eligible for subsidy after finalization. The determination of eligibility is based upon the extenuating circumstances at the time of the adoption and other qualifying factors. The child’s eligibility for federal funding at the time of adoption will need to be established based upon the information in the archived file. If a family inquires about adoption support for an adopted child, the social worker refers them to the regional adoption support program manager. ACFY-PIQ-92-02

5736. Review of Support Payments

1. At least once every five years, the regional adoption support program manager reviews the need of any adoptive parent or parents receiving continuing adoption support or the need of any parent who is to receive more than one lump sum payment where such payments are to be spaced more than one year apart. RCW 74.13.118
2. When the regional adoption support program manager deems changed conditions, including variations in medical opinions, prognosis, and costs, to warrant such action, the program manager must make appropriate adjustments in payments. The program manager bases adjustments on the needs of the child, the adoptive parents’ income, resources, and expenses for the care of the child or other members of the family. These needs may include medical and/or hospitalization expense not otherwise covered by or subject to reimbursement from insurance or other sources of financial assistance. RCW 74.13.118
3. A parent who is party to an agreement may at any time, in writing, request a review of the amount of any payment or the level of continuing payments.
   1. The regional adoption support program manager begins the review not later than 30 days from the receipt of such request.
   2. The program manager may make any adjustment retroactive to the date the request was received by the department.
   3. If the program manager does not act on the request within 30 days of receipt by the department, the parent may invoke their right to a hearing under RCW 74.13.127. RCW 74.13.118
4. So long as the adoptive parent is receiving adoption support services he or she shall, upon request, file with the regional adoption support program manager his or her federal income tax return. RCW 74.13.121