WSR 19-14-028
PROPOSED RULES
OFFICE OF
FINANCIAL MANAGEMENT
[Filed June 25, 2019, 8:37 a.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 357-31-840 Who shall administer the foster parent shared leave pool?, 357-31-885 May employees donating leave for the purpose of the foster parent shared leave pool direct the donation to a specific individual?, and 357-31-920 When an employer and/or the department of children, youth, and families has determined that abuse of the foster parent shared leave pool has occurred will the employee be required to repay the shared leave drawn from the pool?
Hearing Location(s): On August 8, 2019, at 8:30 a.m., at the Office of Financial Management (OFM), Raad Building, 5th Floor, Room 512, 128 10th Avenue S.W., Olympia, WA 98501.
Date of Intended Adoption: August 15, 2019.
Submit Written Comments to: Brandy Chinn, OFM, P.O. Box 47500, Olympia, WA 98501, email Brandy.Chinn@ofm.wa.gov, fax 360-586-4694, by August 1, 2019.
Assistance for Persons with Disabilities: Contact OFM, TTY 711 or 1-800-833-6384, by August 1, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SSB 5955 addresses various provisions for the department of children, youth, and families (DCYF) effective July 28, 2019. Section 6 of SSB 5955 amends RCW
41.04.674 which removes the requirement for OFM to adopt rules and policies governing the donation and use of shared leave from the foster parent shared leave pool (FPSLP) in consultation with the department of social and health services and requires OFM to adopt rules and policies governing the donation and use of shared leave from the FPSLP with DCYF.
Reasons Supporting Proposal: To align Title 357 WAC with the changes made to RCW
41.04.674 effective July 28, 2019.
Statutory Authority for Adoption: Chapter
41.06 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: [OFM], governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Brandy Chinn, 128 10th Avenue, Olympia, WA 98501, 360-407-4141.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW
34.05.328 (5)(b)(ii) for exemption.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
June 25, 2019
Roselyn Marcus
Assistant Director of
Legal and Legislative Affairs
AMENDATORY SECTION(Amending WSR 18-03-081, filed 1/15/18, effective 2/16/18)
WAC 357-31-840Who shall administer the foster parent shared leave pool?
The department of ((social and health services))children, youth, and families, in consultation with office of financial management, shall administer the foster parent shared leave pool.
AMENDATORY SECTION(Amending WSR 18-03-081, filed 1/15/18, effective 2/16/18)
WAC 357-31-885May employees donating leave for the purpose of the foster parent shared leave pool direct the donation to a specific individual?
Leave donated under this section is donated to the foster parent shared leave pool and cannot be directed to a specific individual. Foster parent shared leave is withdrawn from the pool by eligible employees according to priorities established by the department of ((social and health services))children, youth, and families. All employees who donate must specifically direct their leave donation to the foster parent shared leave pool.
AMENDATORY SECTION(Amending WSR 18-03-081, filed 1/15/18, effective 2/16/18)
WAC 357-31-920When an employer and/or the department of ((social and health services))children, youth, and families has determined that abuse of the foster parent shared leave pool has occurred will the employee be required to repay the shared leave drawn from the pool?
Employers and/or the department of ((social and health services))children, youth, and families must investigate any alleged abuse of the foster parent shared leave pool and on a finding of wrongdoing the employee may be required to repay all of the shared leave received from the foster parent shared leave pool. The only time an employee will have to repay leave credits is when there is a finding of wrongdoing.