Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-05-044.

     Title of Rule and Other Identifying Information: The department is amending chapter 388-25 WAC, Child welfare services -- Foster care.

     Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html or by calling (360) 664-6094), on June 9, 2009, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than June 10, 2009.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on June 9, 2009.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by May 26, 2009, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose is to clarify the scope and nature of the right of a foster parent to receive notice and have an opportunity for a hearing to contest a foster care rate assessment.

     Reasons Supporting Proposal: See above; and small business economic impact statement; and cost-benefit analysis statement.

     Statutory Authority for Adoption: RCW 74.08.090.

     Statute Being Implemented: RCW 74.08.090.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Carrie Kendig, P.O. Box 45710, (360) 902-7568.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Foster parents are defined in the Social Security Act in SEC. 475 (42 U.S.C. 675 (4)(A)).

     The term "foster care maintenance payments" means payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable travel to the child's home for visitation. In the case of institutional care, such term shall include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence.

     The position of foster parent consistent with the above federal definition receives a maintenance payment. Foster parents are required to have employment outside of foster parenting to support them. Child placing agencies may receive a payment which is disbursed to the foster parent. These situations are referred to in the above federal definition. This is considered reasonable costs for administration and operation [when] the payment for the foster parent is through the child placing agency.

     The foster parents who provide care under a child placing agency receive maintenance and reimbursement which are not reportable as income. These homes are not businesses under IRS rules. Foster parents licensed through the state or private child placing agency do not fit the definition in chapter 19.85 RCW for a small business.

     The children's administration has analyzed these proposed new rules and concludes that there are no additional costs to small businesses. The preparation of a comprehensive small business economic impact statement is not required.

     A cost-benefit analysis is not required under RCW 34.05.328. Since the proposed changes to chapter 388-25 WAC meet several of the exemptions, no cost-benefit analysis is necessary. The following are the applicable exemptions according to RCW 34.05.328 (5)(b): (iv) Rules with only clarifying existing rule language and typographical errors; (vii) Rules relating only to client financial eligibility; and Rules concerning liability for the care of dependents.

April 22, 2009

Stephanie E. Schiller

Rules Coordinator

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     (1) Foster care maintenance payments are based on foster parent time and the nature of activities needed to meet the needs of the child.

     (2) Standardized assessment tool is used for all children.

     (3) The assessment tool is completed jointly by foster parent and social worker.

     (4) Assessments are updated periodically, in accordance with WAC 388-25-0032.

     (5) The assessment process is automated.

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     (1) Step one: The child's social worker or designated rate assessment specialist will meet with the foster parent in person or telephonically to jointly complete the standardized assessment form.

     (2) Step two: After step one has been completed, the child's social worker or designated rate assessment specialist enters the information from the assessment into the computer and, based on the responses to the questions in the standardized assessment, the rate assessment software program automatically calculates the foster care rate that will be paid on behalf of the child.

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     (1) Caring and/or advocating for the child to meet the child's physical and behavioral needs;

     (2) Participating in parenting activities related to the child's physical or emotional/behavioral therapeutic plan;

     (3) Engaging in parenting activities related to supervising and supporting the educational needs of the child;

     (4) Participating in parenting activities related to scheduling, arranging, and supervising activities, such as medical and dental appointments for the child, visits between the child and his or her parents and/or siblings, or other school or recreational activities;

     (5) Repairing, cleaning or replacing household items, over and above normal repair, due to the child's chronic physical problems or destructive behavior; and

     (6) Preparing the child to transition back to the child's parents or to an adoptive or other foster care placement.

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     (1) Within thirty days of the child's placement in the foster parent's home;

     (2) At least every six months after the first assessment; and

     (3) When there is a significant change in circumstances for the child or in the foster parent's ability or time required to meet the child's needs.

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     (1) Level 1: Children assessed at this level receive the basic foster care maintenance rate. The payment is based on the time typically spent by a foster parent to meet the needs of a child, who is developing comparably to children in the same age range. The payments are based on three age categories: birth to five years old, six to eleven years old, and twelve to eighteen years old.

     (2) Level 2: Children assessed at this level require the foster parent's increased attention, time and supervision, beyond that required to meet the child's basic or routine needs, to address specific physical, mental, behavioral, emotional and/or intellectual challenges.

     (3) Levels 3 and 4: Children assessed at these levels have the highest needs for attention and care. These children require significantly more time from the foster parent because of the severity of their issues. These children often will be participating in more than one treatment program, and may need to participate in treatment in the foster parent's home. A child assessed at level 3 or 4 may have serious medical, behavioral or psychiatric issues or behaviors that require a safety plan.

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     For example: In cases where the child's needs decrease or the time required of the foster parent to meet the child's needs decreases, the standardized assessment may assess the child at a lower rate. For example, on a reassessment a child might be assessed at level 2, when the child's previous rate had been at level 3. In cases where the child's needs or the demands on the foster parent increase, the standardized assessment may assess the child at a higher level.

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     (1) The amount of the monthly foster care maintenance payment that will be paid on behalf of the child;

     (2) The right to review the assessment and;

     (3) How to exercise the right of review.

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     (2) The request must be received by CA within twenty calendar days of the date of the letter informing the foster parent of the rate assessed for the child. If a request is not made within ten days, the department will not review the assessment.

     (a) The department may grant a twenty-day extension of time for filing the request for review, if the foster parent has contacted a regional foster parent liaison within the initial twenty-day time period and asked for assistance in informally resolving any disagreement as to the rate assessed.

     (b) The department has the descretion and may grant a ten-day extension for good cause.

     (3) The request must include a statement explaining why the foster parent believes the assessed rate is incorrect. The foster parent may provide additional information that he or she believes is relevant to the questions asked on the standardized form.

     (4) The request must be sent to the individual and address identified in the letter informing the foster parent of the rate assessed for the child.

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     Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 388-25-0067   What does the department consider in reviewing the request?   (1) The review will be conducted by department management level staff, or by a designee who was not involved in the rate assessment process.

     (2) The review will be conducted within ten days of receiving the request for review.

     (3) The reviewer will consider:

     (a) Whether the foster parent and the social worker or designated rate assessment specialist met in person or telephonically to jointly complete the standardized assessment form;

     (b) Whether the information obtained through the conversation between the social worker or rate assessment specialist and the foster parent was accurately recorded on the form;

     (c) Whether any additional information provided by the foster parent, as authorized in WAC 388-25-0060(3) is relevant to the automated assessment;

     (d) Whether the information was accurately entered into the computer program; and

     (e) Whether the computer program was properly functioning in calculating the rate and providing the written report of the assessment.

     (4) The department will not consider information about the child or the foster family that is outside the standardized assessment form and will not alter the computerized calculation that is based on a properly completed form.

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     (a) Upholds the rate assessment; or

     (b) Agrees the rate was wrongly calculated and adjusts the rate to the proper level.

     (2) If the department upholds the rate assessment, the notice will provide information about further review.

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     (2) The request must be in writing and sent to the office of administrative hearings (OAH). WAC 388-02-0025 lists the current addresses for OAH.

     (3) The request must be received by OAH within twenty days from the date of the letter notifying the foster parent of the department's decision on review.

     (4) Foster care providers and recipients of foster care funds do not have a right to request an administrative hearing to challenge or dispute the established rates of the foster care program or to challenge the foster care rate assessment standardized form or program.

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     (a) Whether the foster parent and the social worker or designated rate assessment specialist met in person or telephonically to jointly complete the standardized assessment form;

     (b) Whether the information obtained in the meeting between the social worker or rate assessment specialist and foster parent was accurately recorded on the form;

     (c) Whether additional information provided by the foster parent on review to the department was accurately recorded on the form, if applicable;

     (d) Whether the information was accurately entered into the computer program; and

     (e) Whether the computer program was properly functioning in calculating the rate and providing the written report of the assessment.

     (2) The ALJ must not consider information about the child or the foster family that is outside the standardized assessment form or that was not provided to the department at the time of the assessment or at the time of the department's review of the assessment.

     (3) The ALJ must not make a determination that conflicts with a properly completed standardized foster care rate assessment.

     (4) The ALJ must not consider a challenge to the department's established foster care rates or to the foster care rate assessment standardized form or program.

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[Statutory Authority: RCW 74.13.031. 01-08-047, § 388-25-0095, filed 3/30/01, effective 4/30/01.]

     (2) The department pays for each night a child resides in foster care.

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     (5) The department continues payments at the department's current rates until the other state fully licenses the home. After receiving a copy of the foster family home license from the other state, the DCFS supervising social worker authorizes payment at the receiving state's rates (see WAC 388-25-0195))) When the foster family moves to another state, the department must arrange with the other state or local social service agency to license and supervise the home and the placement (see chapter 26.34 RCW).

     After receiving a copy of the foster family home license from the other state, the DCFS supervising social worker authorizes payment.

[Statutory Authority: RCW 74.13.031. 01-08-047, § 388-25-0195, filed 3/30/01, effective 4/30/01.]

     (b) The other state identifies its rates to the department)).

     (2) ((When the child welfare department in another state places a child, who is a resident of the state of Washington, in foster care the department makes foster care payments at the rate requested by that state.

     (3))) The CA ICPC program manager must approve out-of-state placement before the department makes payment for foster care.

[Statutory Authority: RCW 74.13.031. 01-08-047, § 388-25-0200, filed 3/30/01, effective 4/30/01.]

     The following sections of the Washington Administrative Code are repealed:

WAC 388-25-0070	When does the department authorize foster care payments?
WAC 388-25-0080	Are dependency guardians who are licensed foster parents able to receive payment from more than one source?
WAC 388-25-0085	What happens if the dependency guardian receives payments from more than one source?
WAC 388-25-0120	What is the department's reimbursement schedule for regular family foster care?
WAC 388-25-0160	What are the reimbursement standards for payments above the basic foster care rate?
WAC 388-25-0170	What other services and reimbursements may be provided for the support of children placed in foster care by the department?
WAC 388-25-0180	Under what circumstances may the department provide reimbursement for foster care if the child is temporarily absent from the foster home or facility?
WAC 388-25-0205	How does the department treat the earnings of a child in foster care?
WAC 388-25-0225	What cases must be referred to the division of child support (DCS)?
WAC 388-25-0235	To whom must parents' send child support payments for their child in foster care?

© Washington State Code Reviser's Office