WSR 98-22-057

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Health and Rehabilitative Services Administration)

[Filed November 2, 1998, 1:03 p.m.]

Subject of Possible Rule Making: To create new rules for the voluntary placement/foster care program and implement rules to manage the program. The legislature created a voluntary foster care system for children with disabilities, when the only reason for out-of-home placement was solely due to a disability. The governor directed DSHS to implement a new law.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.13.350, 71A.12.030.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This chapter describes what is a voluntary placement agreement, out-of-home placement and permanency planning for children who meet the definition of developmental disabilities (defined in RCW 74.13.021). The rules will: Define certain key terms, such as permanency plan; set out the criteria for determining when out-of-home placement is appropriate; describe the process for obtaining an out-of-home placement both at the agency level and in superior court; describe the department's policy regarding the goals of out-of-home placement including familial and social relationships with birth parents and foster parents.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: The agency invites the interested public to review and provide input on the draft language of this WAC. Draft material and information about how to participate are available by contacting the DSHS representative identified below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Linda Gil, Program for Voluntary Placement and Foster Care, Department of Social and Health Services, Division of Developmental Disabilities, Mailstop 45310, Olympia, WA 98504-5310, phone (360) 902-8440, fax (360) 902-8482, e-mail gilll@dshs.wa.gov, TTY (360) 902-8455.

October 28, 1998

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit