Children's Administration

Chapter 388-27 WAC

The department is filing the permanent rules for chapter 388-27 WAC “Child Welfare Services—Adoption Services and Adoption Support”. These changes were made to reflect recent changes in state legislation regarding the adoption support subsidy. Other changes are being made to clarify language and update the statutory authority.

WAC 388-06A-0110

The department is amending WAC 388-06A-0110 “Who must have background checks?” to align with changes in the RCW 74.15.030 and RCW 43.43.832 which allow the department to complete background checks on individuals younger than sixteen years old when it is warranted  to ensure the safety of children in foster care. The department has completed the permanent rule filing process and is therefore extending the current emergency WAC filed as WSR 18-05-052 on February 14, 2018 until the permanent WAC goes into effect on July 6, 2018.

Chapter 388-25 WAC

The department is amending chapter 388-25 WAC “Child Welfare Services—Foster Care” in order to align with recent changes in legislation regarding the eligibility requirements for the Extended Foster Care program. These changes go into effect on July 1, 2018.

Chapter 388-165 WAC

The department is amending and repealing sections in chapter 388-165 WAC “Children’s Administration Child Care Subsidy Programs” to help clarify when the Children’s Administration (CA) will pay for child care and what rates will be used. Other changes are being made in order to align rules with the current Collective Bargaining Agreement. 

WAC 388-06A-0110

The department is amending WAC 388-06A-0110 “Who must have background checks?” to align with changes to RCW 74.15.030 and RCW 43.43.832, which allow the department to complete background checks on individuals younger than sixteen years of age when it is warranted to ensure the safety of children in foster care. Additional edits are being made in order to clarify the language.

Chapters 388-60, 60A WAC

The department is repealing of chapter 388-60 WAC and creating chapter 388-60A WAC to update rules in order to raise the standards of domestic violence perpetrator treatment, thereby increasing the effectiveness of treatment throughout Washington state. A crosswalk table of existing and new WAC sections is available upon request.

Chapters 388-145, 147, 148 WAC

The purpose of these WAC amendments is to provide foster parents, child placing agencies, and group care facilities further instructions and additional clarity regarding the minimum licensing standards. The Division of Licensed Resources (DLR) WACs were overhauled in 2015, and since that time both internal and external stakeholders have provided feedback to improve and increase the understandability of the WACs.

WAC 388-27-0090

The department is amending WAC 388-27-0090 “What information must the department or child placing agency provide to prospective adoptive parents about the child that is being considered for adoption?” in order to clarify the documents needed to comply with RCW 26.33.350 and RCW 26.33.380. These amendments also eliminate the duplication of information in regards to court report documents.

Chapter 388-61A WAC

The purpose of the chapter is to have uniform statewide standards for agencies and organizations that provide domestic violence victim services and prevention efforts funded by DSHS.  The standards address issues such as eligibility for funding, supportive services, emergency shelter, prevention efforts, and administrative requirements for contractors and staff.  A crosswalk table of existing and new WAC sections is available upon request.

WAC 388-25-0100

The department is amending WAC 388-25-0100 “What are the department’s responsibilities regarding financial assistance to support children in the department’s foster homes and child placing agency foster homes?”,  eliminating the exclusion for youth over the age of eighteen and permitting inclusion of the extended foster care population.

WAC 388-06A-0110

The department is amending WAC 388-06A-0110 “Who must have background checks?” to align with changes in the RCW 74.15.030 and RCW 43.43.832 which allow the department to complete background checks on individuals younger than sixteen years old when it is warranted  to ensure the safety of children in foster care. The department is currently in the permanent rule filing process and is therefore extending the current emergency WAC filed as WSR 17-21-109 on October 18, 2017 until the permanent WAC goes into effect.

Chapters 388-145, 148 WAC

The department is amending WAC 388-145-1325 “What is required to apply for a group care facility license?”, WAC 388-145-1805 “Are there special requirements for serving milk?”, and WAC 388-148-1320 “When will the department grant me a foster family license?”, and creating a new section as WAC 388-148-1321 “May I request a provisional expedited foster family license?” to provide licensing instructions regarding fingerprinting group care staff, background checks for household members under the age of sixteen, provisional expedited foster care licenses, and food requirements.

WAC 388-32-0030

The department is amending WAC 388-32-0030 “What FRS services does the department provide?”

Chapter 388-145, 148 WAC

The department amended licensing regulations in WAC 388-148-1320 and WAC 388-148-1321 due to new legislative requirements from the 2017 session that were required to go into effect on October 19, 2017. These emergency WACs were filed as WSR 17-22-001 and went into effect on October 19, 2017. The department is amending WAC 388-148-1320 and WAC 388-148-1321 because the department will no longer require fingerprint-based background checks for sixteen and seventeen years old residing in a home that will provide foster care, as was required in the previous filing. The department will now require in-state background checks for sixteen and seventeen year olds, as was the practice of the department prior to October 19, 2017. The new legislation also allows for the department to conduct in-state background checks on those under sixteen years of age residing in a foster home, when it is warranted to ensure child safety.  This is a new practice, and has been included in this WAC change. The new legislation also requires the Division of Licensed Resources (DLR) to issue provisional expedited licenses for individuals that were previously licensed within the last five years when they meet the specific criteria outlined in the law. In order to meet this requirement, the department created WAC 388-148-1321 to describe the criteria and process to obtain a provisional expedited license. WAC 388-145-1325 is being amended to align with legislation and DLR’s practice that went into effect on January 1, 2016. This legislation requires all group care agency employees to complete a fingerprint-based background check if the agency takes placement of Developmental Disabilities Administration (DDA) children. As any DLR-licensed agency could potentially take placement of a DDA child, the decision was made to fingerprint all group care agency employees. WAC 388-145-1805 is being amended based on recommendations from the Children’s Administration Regional Medical Consultants. The revised WAC will clarify that neither formula nor breast milk can be warmed in a microwave oven. These changes are made to ensure child safety and are included in this emergency WAC filing. This emergency cancels and supersedes the emergency rules filed as WSR 17-22-001 that went into effect on October 19, 2017.

WAC 388-25-0506, 0528, 0534

The Washington state legislature modified RCW 74.13.031 by expanding the age youth can re-enroll into the Extended Foster Care (EFC) program.  The age limit has been raised from 19 years old to 21 years old. The following WAC sections are being revised to align with this change: WAC 388-25-0506 “Who is eligible for extended foster care?”, WAC 388-25-0528 “How does a youth agree to participate in the extended foster care program?” and WAC 388-25-0534 “If an extended foster care participant loses his or her eligibility before he or she turns nineteen, can he or she reapply for extended foster care?”

WAC 388-15-069

The department is amending WAC 388-15-069 “How does CPS Notify the alleged perpetrator of the finding?” to align with recent changes to RCW 26.44.100 requiring the department to send unfounded finding letters to subjects via mail or email instead of certified mail, return receipt requested.

WAC 388-25-0506, 0528, 0534

The department is amending WAC 388-25-0506 “Who is eligible for extended foster care?”, WAC 388-25-0528 “How does a youth agree to participate in the extended foster care program?”,  and WAC 388-25-0534 “If an extended foster care participant loses his or her eligibility before he or she turns nineteen, can he or she reapply for extended foster care?” in order to align these sections with recent changes to RCW 74.13.031 that expand the age youth can re-enroll into the Extended Foster Care (EFC) program.

WAC 388-15-069

The department is extending the current emergency rule for WAC 388-15-069 “How does CPS notify the alleged perpetrator of the finding?”, which is being revised to align with recent changes in RCW 26.44.100 that require the department to send unfounded finding letters to subjects via mail or email instead of certified mail, return receipt requested. A public hearing on the proposed rule filed as WSR 17-21-084 is scheduled for November 21, 2017.

WAC 388-15-009

Public Law 114-22 amended the Child Abuse Prevention and Treatment Act (CAPTA), a federal law for state receipt of federal funds, to require that a child be considered a victim of “child abuse and neglect” and of “sexual abuse” if the child is a victim of sex trafficking.  To continue to qualify for federal funds, WAC 388-15-009 must be changed to incorporate sex trafficking.  These changes also align with anticipated changes to the Washington State Criminal Code. In addition, the Washington State Court of Appeals has issued two published opinions related to RCW 26.44.020(1) and (16): Marcum v. Dep’t. of Soc. and Health Svcs., 172 Wn. App. 546, 290 P.3d 1045 (2012), and Brown v. Dep’t. of Soc. and Health Svcs., 190 Wn.App. 572, 360 P.3d 875 (2015). Therefore, additional changes are being made to WAC 388-15-009 to clarify the Department’s interpretation of RCW 26.44.020(1) and (16) in light of those published opinions. Additional changes were made to strengthen and clarify the existing language.

Chapter 388-145, 148 WAC

The intent of amending WAC 388-145-1555(5), WAC 388-145-1600(4), WAC 388-145-1665(4), WAC 388-145-1675(1,2) and WAC 388-148-1465(3,6) is to provide further instructions on fire safety and to align the Division of Licensed Resources (DLR) WACs with the current building code requirements. The intent of amending WAC 388-148-1470(14,15) and WAC 388-148-1515(9) is to include additional safety requirements regarding the use of weighted blankets and to clarify that neither formula nor breast milk can be warmed in the microwave oven. This WAC change is specific to infant and child safety and was recommended by the Children's Administration Regional Medical Consultants.

Chapter 388-145, 148 WAC

The department is amending licensing regulations in WAC 388-148-1320 and creating WAC 388-148-1321 due to new legislative requirements from the 2017 session. The WACs changed or created due to the 2017 legislation are required to go into effect on October 19, 2017. Therefore, these WACs must be filed as an emergency WAC. The changes to WAC 388-148-1320 will now require fingerprint-based background checks for all persons residing in a home that will provide foster care for dependent youth who are sixteen years old and older. The new legislation also requires the Division of Licensed Resources (DLR) to issue provisional expedited licenses for individuals that were previously licensed within the last five years when they meet the specific criteria outlined in the law. In order to meet this requirement, the department created a new WAC section, WAC 388-148-1321, that describes the criteria and process to obtain a provisional expedited license. WAC 388-145-1325 is being amended to align the DLR WAC with legislation that went into effect on January 1, 2016. The legislation requires all group care agency employees to complete a fingerprint-based background check if the agency takes placement of Developmental Disabilities Administration (DDA) children. As any DLR-licensed agency could potentially take placement of a DDA child,  the decision was made to fingerprint all group care agency employees. This change will now align the DLR WAC with the legislation and DLR’s practice since January 1, 2016. WAC 388-145-1805 is also being amended based on recommendations from the Children’s Administration Regional Medical Consultants. The revised WAC will clarify that neither formula nor breast milk can be warmed in a microwave oven. These changes are made to ensure child safety; therefore, they meet the criteria for an emergency WAC and are included in this emergency WAC filing. There will be no other content or language changes to the WACs that are part of this emergency rule change.

Chapter 388-145, 148 WAC

The department is filing a second CR-103E as required, because the permanent WAC changes will  not go into effect before the original emergency rules expire. The public hearing for the proposed permanent rules was held on October 10, 2017 and the CR-103P will be filed in October 2017. The intent of amending WAC 388-145-1555(5), WAC 388-145-1600(4), WAC 388-145-1665(4), WAC 388-145-1675(1,2) and WAC 388-148-1465(3,6) is to provide further instructions on fire safety and to align the Division of Licensed Resources (DLR) WACs with the current building code requirements. The intent of amending WAC 388-148-1470(14,15) and WAC 388-148-1515(9) is to include additional safety requirements regarding the use of weighted blankets and to clarify that neither formula nor breast milk can be warmed in the microwave oven. This WAC change is specific to infant and child safety and was recommended by the Children's Administration Regional Medical Consultants. There will be no other content or language changes to the WACs that are part of this emergency rule change.

WAC 388-06A-0110

The department is amending WAC 388-06A-0110 “Who must have background checks?” to align with changes in RCW 74.15.030 and RCW 43.43.832 which allows the department to complete background checks on individuals younger than sixteen years old when it is warranted  to ensure the safety of children in foster care.

WAC 388-15-009

Public Law 114-22 amended the Child Abuse Prevention and Treatment Act (CAPTA), a federal law for state receipt of federal funds, to require that a child be considered a victim of “child abuse and neglect” and of “sexual abuse” if the child is a victim of sex trafficking. To continue to qualify for federal funds, this WAC must be changed to incorporate sex trafficking on May 29, 2017.  These changes also align with anticipated changes to the Washington State Criminal Code. This is an extension of the current emergency WAC in place that was filed as WSR 17-12-005.

WAC 388-25-0506, 0528, 0534

The Washington state legislature modified RCW 74.13.031 by expanding the age youth can re-enroll into the Extended Foster Care (EFC) program.  The age has been expanded from 19 years old to 21 years old. The following WACs are being revised to align with legislation and other edits to clarify existing language: 388-25-0506 Who is eligible for extended foster care? 388-25-0528 How does a youth agree to participate in the extended foster care program? 388-25-0534 If an extended foster care participant loses his or her eligibility before he or she turns nineteen, can he or she reapply for extended foster care?

WAC 388-15-069

The department is amending WAC 388-15-069 “How does CPS notify the alleged perpetrator of the finding?” to align with recent changes in RCW 26.44.100 that require the department to send unfounded finding letters to subjects via mail or email instead of certified mail, return receipt requested.

Chapter 388-145, 148 WAC

The department is changing licensing regulations in WAC 388-145-1555(5), WAC 388-145-1600(4), WAC 388-145-1665(4), WAC 388-145-1675(1,2), and WAC 388-148-1465(3,6) as recommended by the Washington State Patrol fire protection bureau. These WAC changes affect both the Division of Licensed Resources (DLR) Group Care Facilities’ WACs (chapter 388-145 WAC) and the Child Foster Home WACs (chapter 388-148 WAC). For group care facilities, the state-adopted international codes do not require facilities that are sprinkler protected to have windows that open to the outside or to have windows that are large enough for emergency personnel to enter and exit. The current WAC requires this even if the facility is sprinkler protected. Further, the state-adopted international codes require smoke detectors to be both inside and outside of all bedrooms in homes and facilities, which is different from the current WAC. Finally, foster homes without a window large enough for emergency personnel to enter and exit have been approved by the fire marshal or building official with jurisdiction to do so. Immediately changing the WAC to reflect current standards and practices implemented by the fire marshal or building official will allow such foster homes to meet minimum licensing standards. DLR is amending these WACs to align with the state-adopted international code requirements. The department is also changing licensing regulations in WAC 388-148-1470(14,15) and 388-148-1515(9) as recommended by the Children’s Administration Regional Medical Consultants. These changes are based on child safety. Additional requirements address the use of weighted blankets and clarify that neither formula nor breast milk can be warmed in the microwave oven. There will be no other content or language changes to the WACs that are part of this emergency rule change.

WAC 388-15-009

Public Law 114-22 amended the Child Abuse Prevention and Treatment Act (CAPTA), a federal law for state receipt of federal funds, to require that a child be considered a victim of “child abuse and neglect” and of “sexual abuse” if the child is a victim of sex trafficking.  To continue to qualify for federal funds, this WAC must be changed to incorporate sex trafficking on May 29, 2017.  These changes also align with anticipated changes to the Washington State Criminal Code.

Chapters 388-145, 147, 148 WAC

The department is proposing new WAC language to chapter 388-145 WAC, chapter 388-147 WAC, and chapter 388-148 WAC to provide further licensing instructions for child safety and well-being and additional clarification to the minimum licensing requirements. The Division of Licensed Resources (DLR) minimum licensing requirements were amended on January 11, 2015. Following the release of these amended WAC chapters, DSHS staff, private agency staff, group care staff, and foster parents requested additional changes to be made to the minimum licensing requirements.

Chapter 388-25 WAC

In March 2015, Fostering Connections legislation added a fifth eligibility criteria to the Extended Foster Care WACs allowing youth to participate in Extended Foster Care when he or she has a “documented medical condition.” The following WACs are being amended to align with federal legislation: WAC 388-25-0110 “What is the effective date for termination of foster care payments?”, WAC 388-25-0502 “What is the purpose of the extended foster care program?”, WAC 388-25-0504 “What is extended foster care?”,  WAC 388-25-0506 “Who is eligible for extended foster care?”, WAC 388-25-0540 “How does CA determine a youth's continuing eligibility for the extended foster care program?”, WAC 388-25-0546 “What must the youth do to remain in the extended foster care program?”, WAC 388-25-0548 “When is a youth no longer eligible for the extended foster care program?” The following WACs are being created to address the fifth eligibility criteria regarding a documented medical condition: WAC 388-25-0517 “What is a “documented medical condition”?” and WAC 388-25-0519 “How does a youth demonstrate he or she is unable to participate in extended foster care activities due to a documented medical condition?”.

Chapter 388-70 WAC

The department is making changes to match requirements in chapter 13.38 RCW, the Washington State Indian Child Welfare Act, and the federal Indian Child Welfare Act, 25 U.S.C. Chapter 21, as well as to reflect changes in Children’s Administration (CA) policy. Currently, the WAC definition of Indian child as well as the application of the Local Indian Child Welfare Advisory Committee (LICWAC) processes in the WAC is contrary to state and federal law. Updates to each of these sections will harmonize the WAC sections with state and federal law.

Chapter 388-825 WAC

In March 2015, Fostering Connections legislation added a fourth eligibility criterion to the Extended Foster Care WACs allowing youth to be employed more than 80 hours or more per month. The following WACs are being amended to align with federal legislation: WAC 388-25-0502 "What is the purpose of the extended foster care program?"; WAC 388-25-0504 "What is extended foster care?"; WAC 388-25-0506 "Who is eligible for extended foster care?"; WAC 388-25-0516 "What if an eligible youth does not want to participate in the extended foster care program?"; WAC 388-25-0528 "How does a youth agree to participate in the extended foster care program?"; WAC 388-25-0540 "How does CA determine a youth's continuing eligibility for the extended foster care program?"; WAC 388-25-0546 "What must the youth do to remain in the extended foster care program?"; and WAC 388-25-0548 "When is a youth no longer eligible for the extended foster care program?"

Chapter 388-145, 147, 148 WAC

Chapter 388-06 WAC "Background check requirements for children's administration" was changed on February 15, 2015 to chapter 388-06A WAC. This change needs to be reflected in the Division of Licensed Resources (DLR) WACs. The following DLR WACs will replace references to chapter 388-06 WAC with references to chapter 388-06A WAC: WAC 388-145-1325 (2) "What is required to apply for a group care facility license?", WAC 388-145-1400 (1) "Can employees, volunteers and subcontractors be disqualified from having access to the children in my facility?", WAC 388-147-1325 (2) "What is required to apply for a child placing agency license?", WAC 388-147-1420 (1) "Can employees, volunteers and subcontractors be disqualified from having access to the children in my agency?", and WAC 388-148-1635 (1) "Can people living in my home be disqualified from having access to the children in my care?"

WAC 388-148-1320, 145-1335

The department is changing licensing regulations in WAC 388-148-1320 (4) and WAC 388-145-1335 (4) to include further instructions on how to proceed with applicants that have a positive TB test result due to latent TB which is not contagious, nor does it pose a risk to others. This change will allow the Division of Licensed Resources (DLR) to license these homes that otherwise meet the minimum licensing requirements with a physician’s statement. The department is changing licensing regulations in WAC 388-148-1320 (6) and WAC 388-148-1335 (5) to include a medical exemption to the influenza vaccination for foster parents and their household members and agency staff and volunteers. The exemption requires a licensed health care professional’s statement for a medical reason not to obtain the influenza vaccination because it would result in severe medical consequences to the person and there is no other form of the influenza vaccine that would not cause severe medical consequences. The basis for these provisions is the need to license appropriate and qualified homes to provide care for foster children. The current WAC language impedes DLR in being able to license these otherwise appropriate homes and there are a number of children waiting for homes.

WAC 388-148-1320, 145-1335

The Department is changing licensing regulations in WAC 388-148-1320 (4) and WAC 388-145-1335 (4) to include further instructions on how to proceed with applicants that have a positive TB test result due to latent TB. Latent TB will produce a positive TB test, but latent TB is not contagious, nor does it pose a risk to others. This change will allow the Division of Licensed Resources (DLR) to license these homes that otherwise meet the minimum licensing requirements with a physician’s statement.

WAC 388-148-1320, 145-1335

The Department is changing licensing regulations in WAC 388-148-1320 (4) and WAC 388-145-1335 (4) to include further instructions on how to proceed with applicants that have a positive TB test result due to latent TB. Latent TB will produce a positive TB test, but latent TB is not contagious, nor does it pose a risk to others. This change will allow the Division of Licensed Resources (DLR) to license these homes that otherwise meet the minimum licensing requirements with a physician’s statement.

WAC 388-145-1760, 148-0455

WAC 388-148-0455 was replaced by WAC 388-145-1760 when the Children’s Administration Division of Licensed Resources revised all of their WACs in January 2015. Therefore, WAC 388-148-0455 needs to be repealed to eliminate duplication.

WAC 388-145-1815, 148-0465,  1615

WAC 388-148-0465 was replaced with WAC 388-148-1615 (foster care) and WAC 388-145-1815 (group care) when Children’s Administration Division of Licensed Resources revised all of their WACs in January 2015. Therefore, WAC 388-148-0465 needs to be repealed to eliminate duplication.

PERMANENT ADOPTION
WSR 15-16-043
Effective Date: August 28, 2015

WAC 388-15-069

WAC 388-15-069 was recently amended in January 2015. During that review process the word “founded” was inadvertently left out. This change clarifies that Children’s Administration staff will make an additional attempt via personal service when the Child Protective Services “founded” findings letter is returned and the department is actively working with that person. The January 2015 amendment as currently written has a significant fiscal impact on the agency and therefore requires an immediate modification. Other minor editing changes are being made for consistency within the rule.

PERMANENT ADOPTION
WSR 15-16-041
Effective Date: August 28, 2015

WAC 388-61A-0220, 0350, 0360

The purpose of the chapter is to have uniform statewide standards for domestic violence shelters and supportive services funded by DSHS. These standards address issues such as adequate food, clothing, emergency housing, safety, security, and advocacy. The amendments revise the training requirements for advocates and advocate supervisors.

Susan Hannibal

(206) 923-4910

PERMANENT ADOPTION
WSR 15-14-033
Effective Date: July 24, 2015

Chapter 388-06 WAC

The Children’s Administration and Background Check Central Unit are making joint rulemaking to rescind the Background Check WACs related to CA in chapter 388-06, sections 0010 through 0260, and establish a new chapter for CA’s Background Check requirements, chapter 388-06A WAC. These changes also reflect the changes made in SSB6095 that were passed in the 2014 legislation and will align with existing state laws. Emergency rules are currently in place for WAC 388-06-0170 and WAC 388-06-0180 until the rules are final.

PERMANENT ADOPTION
WSR 15-03-071
Effective Date: February 15, 2015

Chapters 388-145, 147, 148, 160 WAC

Foster home requirements are currently combined with other types of licensing requirements, such as requirements for child-placing agencies, adoption centers and group care facilities. New chapters are specific to license type, providing foster parents a stand-alone chapter specific to foster home licensing. Single clearly-defined chapters for foster homes, child-placing agencies and adoption centers, and group care facilities will assist stakeholders with accessing requirements specific to their license type.

WAC 388-15-069, 089

In WAC 388-15-089, CA needs to replace “twenty days” with “thirty days” to accurately reflect the new 30 day appeal deadline for CAPTA internal review requests. This change will better align with the federal requirements. WAC 388-15-069 is being revised to ensure reasonable efforts are being made to notify the subject on the results of the investigation when the department is working with the subject and the finding letter comes back undeliverable.

WAC 388-148-0455, 0550

The department is filing an extension to Emergency Rule 14-13-050 which is expiring on 10/10/2014. The Prudent Parenting legislation, ESB 6479, allows foster children placed with caregivers in foster homes and facilities to participate in normal childhood activities based on a reasonable and prudent parent standard. The department will allow caregivers to approve in-state overnight travel for less than 72 hours (including travel to bordering counties in Idaho and Oregon) and a child’s participation in routine activities, without permission from the social worker.

Brenda Villarreal

(360) 902-7956

WAC 388-160-0265

WAC 388-160-0265 establishes notification requirements for licensed shelters and organizations for the safety of youth served.

Brenda Villarreal

(360) 902-7956