Date of Adoption: July 12, 2002.

     Purpose: To rewrite current CPS rules in a clear writing format, to comply with Executive Order 97-02 and to repeal outdated rules.

WAC 388-15-001	What is the child protective services program?
WAC 388-15-005	What definitions apply to these rules?
WAC 388-15-009	What is child abuse or neglect?
WAC 388-15-011	What is child abandonment?
WAC 388-15-013	Who may receive child protective services?
WAC 388-15-017	What is the responsibility of CPS regarding reports of abuse or neglect?
WAC 388-15-021	How does CPS respond to reports of alleged child abuse or neglect?
WAC 388-15-025	What special requirements must CPS follow for Indian children?
WAC 388-15-029	What information may CPS share with mandated reporters?
WAC 388-15-033	When will CPS involve local community resources?
WAC 388-15-037	Under what circumstances may CPS place a child in out-of-home care?
WAC 388-15-041	When will CPS involve the juvenile court?
WAC 388-15-045	What are the department's responsibilities regarding notification of the parent or legal custodian in child protective services cases?
WAC 388-15-049	When must the department notify the alleged perpetrator of allegations of child abuse or neglect?
WAC 388-15-053	What steps must the department take to provide an opportunity for the parent(s), guardian, or legal custodian(s) to review case information?
WAC 388-15-057	What limitations does the department have on the disclosure of case information?

     PART B – NOTIFICATION AND APPEAL OF FINDINGS

WAC 388-15-061	What is the purpose of these rules?
WAC 388-15-065	Does CPS have to notify the alleged perpetrator of the results of CPS investigation?
WAC 388-15-069	How does CPS notify the alleged perpetrator of the finding?
WAC 388-15-073	What information must be in the CPS finding notice?
WAC 388-15-077	What happens to unfounded CPS findings?
WAC 388-15-081	Can an alleged perpetrator challenge a CPS finding of child abuse or neglect?
WAC 388-15-085	How does an alleged perpetrator challenge a founded CPS finding?
WAC 388-15-089	What happens if the alleged perpetrator does not request CPS to review the founded CPS finding within twenty days?
WAC 388-15-093	What happens after the alleged perpetrator requests CPS to review the founded CPS finding of child abuse or neglect?
WAC 388-15-097	How does CPS notify the alleged perpetrator of the results of the CPS management review?
WAC 388-15-101	What happens if CPS management staff changes the founded CPS finding?
WAC 388-15-105	What happens if CPS management staff does not change the founded CPS finding?
WAC 388-15-109	What laws and rules will control the administrative hearings held regarding the founded CPS findings?
WAC 388-15-113	What effect does a petition for dependency have on an administrative hearing?
WAC 388-15-117	What factors must the ALJ consider in order for the alleged abused and/or neglected child to testify at the administrative hearing?
WAC 388-15-121	Are there issues the ALJ may not rule upon during an administrative hearing regarding a founded CPS finding?
WAC 388-15-125	Are the administrative hearings open to the public?
WAC 388-15-129	How does the ALJ make a decision regarding the founded CPS finding?
WAC 388-15-133	How will the appellant be notified of the ALJ's decision?
WAC 388-15-135	What if the appellant or the department disagrees with the decision?
WAC 388-15-141	What happens if the ALJ rules against the department?

     Citation of Existing Rules Affected by this Order: Repealing WAC 388-15-130, 388-15-131, 388-15-132, and 388-15-134.

     Statutory Authority for Adoption: RCW 74.13.031, 74.04.050.

     Other Authority: Chapter 26.44 RCW.

      Adopted under notice filed as WSR 02-03-118 on January 22, 2002.

     Changes Other than Editing from Proposed to Adopted Version:

Rules as Proposed	Changes (additions underlined, deletions struck through)	Explanation of changes
WAC 388-15-005 "Administrative law judge (ALJ) is an attorney and an impartial decision-maker who presides at an administrative hearing. The office of administrative hearings, which is a state agency, employs the ALJs.	"Administrative law judge (ALJ)" is an attorney and an impartial decision-maker who presides at an administrative hearing. The office of administrative hearings, which is a state agency but not part of DSHS, employs the ALJs.	Per comments received. Makes the definition accurate.
WAC 388-15-009(5) (5) Negligent treatment or maltreatment means an act, a failure to act, or a pattern of behavior on the part of a child's parent or guardian that shows a serious disregard of the consequences to the child of such magnitude that it creates a clear and present danger to the child's health, welfare, and safety. A child does not have to suffer actual damage or physical or emotional harm to be in circumstances which create a clear and present danger to the child's health, welfare, and safety. Negligent treatment or maltreatment includes, but is not limited, to:	(5) Negligent treatment or maltreatment means an act, or a failure to act, or a pattern of behavior on the part of a child's parent, legal custodian, or guardian, or caregiver that shows a serious disregard of the consequences to the child of such magnitude that it creates a clear and present danger to the child's health, welfare, and safety. A child does not have to suffer actual damage or physical or emotional harm to be in circumstances which create a clear and present danger to the child's health, welfare, and safety. Negligent treatment or maltreatment includes, but is not limited, to:	Per comments received. Makes this rule consistent with other rules.
WAC 388-15-009 (5) (b) (b) Actions, failures to act or omissions, or patterns of behavior that result in injury to or which create a substantial risk of injury to the physical, emotional, and/or cognitive development of a child; or	(b) Actions, failures to act or omissions, or patterns of behavior that result in injury to or which create a substantial risk of injury to the physical, emotional, and/or cognitive development of a child; or	Makes rule consistent with statute.
WAC 388-15-017 (3) CPS must conduct an investigation or assessment of all reports of alleged child abuse or neglect that meet the definitions of child abuse or neglect contained in this chapter or in chapter 26.44 RCW.	(3) CPS must assess or investigate conduct an investigation and assessment all reports of alleged child abuse or neglect that meet the definitions of child abuse or neglect contained in this chapter or in chapter 26.44 RCW.	Per comments received. Language clarifies rule.
WAC 388-15-021 (2) CPS must begin an investigation within twenty-four hours of receipt of a report alleging child abuse or neglect in which a child is alleged to be at risk of serious and immediate harm. Based upon information contained in the report and any collateral contacts the children's administration intake worker makes the assessment of risk of serious and immediate harm.	(2) CPS must begin an investigation within twenty-four hours of receipt of a report alleging child abuse or neglect in which a child is alleged to be at risk of serious and immediate harm. Based upon information contained in the report and any collateral contacts the children's administration intake worker makes the assessment of risk of serious and immediate harm.	Per comments received. Language removed that is not covered in statute.
WAC 388-15-037 (2) CPS must attempt to place the child with a relative willing and available to care for the child, unless there is reasonable cause to believe that the health, safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered (see RCW 13.34.060). If a relative appears suitable and competent with good character to provide adequate care, the background check and home study of a relative may be completed as soon as possible after the child is placed (see RCW 74.15.030).	(2) CPS must attempt to place the child with a relative willing and available to care for the child, unless there is reasonable cause to believe that the health, safety or and welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered (see RCW 13.34.060). If a relative appears suitable and competent with good character to provide adequate care, the background check and home study of a relative may shall be completed as soon as possible after the child is placed (see RCW 74.15.030).	Change makes rule consistent with statute.
WAC 388-15-053 (1) Notify the person or persons legally responsible for the child of the address of the office where the case record information will be on file; and (2) Give the person or persons legally responsible for the child the opportunity to read or obtain relevant parts of the case record, provided the person or persons have requested access to the information and the law does not otherwise prohibit such access (RCW 13.40.100).	(1) Notify the person or persons legally responsible for the child of the address of the office where the case record information will be on file; and (2) Ggive the person or persons legally responsible for the child the opportunity to read or obtain relevant parts of the case record, provided the person or persons have requested access to the information and the law does not otherwise prohibit such access (RCW 13.4050.100).	Per comments received. Change clarifies without changing the meaning.
WAC 388-15-065 CPS must make a reasonable and good faith effort to notify the alleged perpetrator in writing of any finding made by CPS in any investigation of suspected child abuse and/or neglect.	CPS has the duty must make a reasonable and good faith effort to notify the alleged perpetrator in writing of any finding made by CPS in any investigation of suspected child abuse and/or neglect.	Change is consistent with statute.
WAC 388-15-069 (2) In cases where certified mailing may not be either possible or advisable, the CPS social worker may personally deliver the CPS finding notice to the alleged perpetrator.	(2) In cases where certified mailing may not be either possible or advisable, the CPS social worker may personally deliver or have served the CPS finding notice to the alleged perpetrator.	Clarifies language without changing meaning.
WAC 388-15-073 The CPS finding notice must inform the alleged perpetrator of the following:	The CPS finding notice must inform the alleged perpetrator of the department's investigative finding, including the legal basis for the findings and sufficient factual information to apprise the alleged perpetrator of the date and nature of the founded reports. The notice must also contain the following:	Changes per comments received.
WAC 388-15-073 (3)(b) (b) If an alleged perpetrator is qualified to be employed by a child care agency;	(b) If an alleged perpetrator is qualified to be employed by a child care agency or facility;	Change per comments received.
WAC 388-15-077 (1) According to RCW 74.15.130 (2)(b), no unfounded CPS finding of child abuse or neglect may be used to deny employment in a child care facility or to deny a license to care for children. (2) According to RCW 26.44.020(19) no unfounded allegation of child abuse or neglect may be disclosed to a child placing agency, private adoption agency, or any other provider licensed under chapter 74.15 RCW. (3) According to RCW 26.44.031, at the end of six years from the date of the report, the department must remove the unfounded finding from the department's records unless an additional child abuse and/or neglect report has been received regarding the same perpetrator or same family during those six years.	(1) According to RCW 74.15.130 (2)(b), no unfounded, or inconclusive CPS finding of child abuse or neglect may be used to deny employment in a child care facility or to deny a license to care for children. (2) According to RCW 26.44.020(19) no unfounded or inconclusive allegation of child abuse or neglect may be disclosed as part of a background check to a child placing agency, private adoption agency, or any other provider licensed under chapter 74.15 RCW. (3) According to RCW 26.44.031, at the end of six years from the date of the report, the department must remove the unfounded finding from the department's records unless an additional child abuse and/or neglect report has been received regarding the same perpetrator or same family during those six years.	Per comment received. Change makes language more consistent with statute.
WAC 388-15-089 (1) If the alleged perpetrator does not submit a written request within twenty days for CPS to review the founded CPS finding, no further review or challenge of the finding may occur. (2) If an alleged perpetrator is unavailable to receive notice of the CPS finding when CPS sends the notice by certified mail to the alleged perpetrator's last known address, the alleged perpetrator shall not have further opportunity to request a review of the finding beyond thirty days from the time the notice is sent.	(1) If the alleged perpetrator does not submit a written request within twenty calendar days for CPS to review the founded CPS finding, no further review or challenge of the finding may occur. (2) If an alleged perpetrator is unavailable to receive notice of the CPS finding when CPS sends the notice by certified mail to the alleged perpetrator's last known address, the alleged perpetrator shall not have further opportunity to request a review of the finding beyond thirty days from the time the notice is sent. If the department has exercised reasonable, good faith efforts to provide notice of the CPS finding to the alleged perpetrator, the alleged perpetrator shall not have further opportunity to request a review of the finding beyond thirty days from the time the notice was sent.	Change per comments received clarifies language without changing meaning.
WAC 388-15-097 CPS will notify the alleged perpetrator in writing of the results of the CPS management review. CPS will send this notice to the last known address of the alleged perpetrator by certified mail, return receipt requested.	CPS will notify the alleged perpetrator in writing of the results of the CPS management review. CPS will send this notice to the last known address of the alleged perpetrator by certified mail, return receipt requested. The notice of the CPS management review decision will also contain information regarding how to request a hearing.	Changed per comment received. Sentence was moved from WAC 388-15-105(3).
WAC 388-15-105 (2) The request for a hearing must be in writing and sent to the following address:      Office of Administrative Hearings      P.O. Box 2465      Olympia, WA 98504 (3) The office of administrative hearings must receive the written request for a hearing within thirty days from the date that the person requesting the hearing receives the CPS management review decision. The notice of the CPS management review decision will also contain information regarding how to request a hearing.	(2) The request for a hearing must be in writing and sent to      Office of Administrative Hearings      P.O. Box 2465      Olympia, WA 98504 WAC 388-02-0025 lists the current address. (3) The office of administrative hearings must receive the written request for a hearing within thirty days from the date that the person requesting the hearing receives the CPS management review decision. The notice of the CPS management review decision will also contain information regarding how to request a hearing.	Per comment received.
WAC 388-15-121 Are there issues the ALJ may not consider during your administrative hearing regarding a founded CPS finding? In any administrative hearing regarding a founded CPS finding, an ALJ may not consider the following: (1) Decisions regarding the placement of the alleged abused or neglected child; (2) Risk assessments in making placement decisions regarding the alleged abused and/or neglected child; or (3) Service plans for the alleged perpetrator and/or alleged abused or neglected child.	Are there issues the ALJ may not consider rule upon during your an administrative hearing regarding a founded CPS finding? In any administrative hearing regarding a founded CPS finding, an ALJ may not consider rule upon the department's decisions regarding the following: (1) Decisions regarding the placement of the alleged abused or neglected child; (2) Risk risk assessments used in making placement decisions regarding the alleged abused and/or neglected child; or (3) Service service plans for the alleged perpetrator and/or alleged abused or neglected child.	Per comments received change clarifies the proposed language.
WAC 388-15-129 (1) The ALJ must determine if a preponderance of all the relevant information supports the determination by CPS that the alleged perpetrator is the person responsible for the alleged child abuse or neglect. (2) If the ALJ determines that a preponderance of all the relevant information supports the founded CPS finding, the ALJ must uphold the finding. (3) If the ALJ determines that the founded CPS finding is not supported by a preponderance of all the relevant information, the ALJ must remand the matter to the department for a change of the finding consistent with the ruling of the ALJ.	(1) The ALJ must determine decide if a preponderance of the evidence in the hearing record supports a determination that the alleged perpetrator committed an act of abuse or neglect of a child. all the relevant information supports the determination by CPS that the alleged perpetrator is the person responsible for the alleged child abuse or neglect. (2) If the ALJ determines that a preponderance of the evidence in the hearing record all the relevant information supports the founded CPS finding, the ALJ must uphold the finding. (3) If the ALJ determines that the founded CPS finding is not supported by a preponderance of the evidence in the hearing, all the relevant information, the ALJ must remand the matter to the department for a change of the finding consistent with the ruling of the ALJ.	Per comment, partial change made to wording to clarify.
WAC 388-15-135 What if the appellant disagrees with the decision? If the appellant disagrees with the ALJ's decision, the appellant may challenge this decision according to the procedures contained in chapter 34.05 RCW and chapter 388-02 WAC.	What if the appellant or the department disagrees with the decision? If the appellant or the department disagrees with the ALJ's decision, the appellant either party may challenge this decision according to the procedures contained in chapter 34.05 RCW and chapter 388-02 WAC.	Per comment, partial change made to wording to clarify.
WAC 388-15-141 What happens if the ALJ does not uphold the founded CPS finding? If the ALJ does not uphold the founded CPS finding, the department may challenge the ALJ's decision as provided in chapter 34.05 RCW and chapter 388-02 WAC. If the department does challenge the ALJ's decision, the department will not change the finding in the department's records and the finding will remain in effect pending the final decision from the department's challenge. If the department does not challenge the ALJ's decision, the department will correct the finding in the department's records.	What happens if the ALJ does not uphold the founded CPS finding rules against the department? If the ALJ does not uphold the founded CPS finding, the department may challenge the ALJ's decision as provided in chapter 34.05 RCW and chapter 388-02 WAC. If the department does challenges the ALJ's decision, the department will not change the finding in the department's records and the finding will remain in effect pending the final decision from the department's challenge. If the department does not challenge the ALJ's decision, the department will correct the finding in the department's records consistent with the ALJ's decision.	Per comment, partial change made to wording to clarify.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 37, Amended 0, Repealed 4.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 37, Amended 0, Repealed 4.
     Effective Date of Rule: Thirty-one days after filing.

July 12, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (2) CPS may include the following:

     (a) Investigation of reports of alleged child abuse or neglect.

     (b) Assessment of risk of abuse or neglect to children.

     (c) Provision of and/or referral to services to remedy conditions that endanger the health, safety, and welfare of children.

     (d) Referral to law enforcement when there are allegations that a crime against a child (RCW 26.44.030(4) and 74.13.031(3)) might have been committed.

     (e) Out of home placement and petitions to courts when necessary to ensure the safety of children.

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     "Abuse or neglect" means the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child as defined in RCW 26.44.020 and this chapter.

     "Administrative hearing" means a hearing held before an administrative law judge and conducted according to chapter 34.05 RCW and chapter 388-02 WAC.

     "Administrative law judge (ALJ)" is an impartial decision-maker who presides at an administrative hearing. The office of administrative hearings, which is a state agency but not part of DSHS, employs the ALJs.

     "Alleged perpetrator" means the person identified in a CPS referral as being responsible for the alleged child abuse or neglect.

     "Alternative response system" means a contracted provider in a local community that responds to accepted CPS referrals that are rated low or moderately low risk at the time of intake.

     "Appellant" means a person who requests an administrative hearing to appeal a CPS finding.

     "Child protection team (CPT)" means a multi-disciplinary group of persons with at least four persons from professions that provide services to abused or neglected children and/or parents of such children. The CPT provides confidential case staffing and consultation to children's administration.

     "Child protective services (CPS)" means the section of the children's administration responsible for responding to allegations of child abuse or neglect.

     "Children's administration (CA)" means the cluster of programs within DSHS that is responsible for the provision of child protective, child welfare, foster care licensing, group care licensing, and other services to children and their families.

     "Department" or "DSHS" means the Washington state department of social and health services.

     "Divisions of child care and early learning (DCCEL)" means the division of economic services responsible for licensing child care homes and child care facilities.

     "Division of children and family services (DCFS)" means the division of children's administration that provides child protective, child welfare, and support services to children and their families.

     "Division of licensed resources (DLR)" means the division of children's administration responsible for licensing group care and foster care facilities, and responding to allegations of abuse or neglect in such facilities.

     "Finding" means the final decision made by a CPS social worker after an investigation regarding alleged child abuse or neglect.

     "Founded" means the determination following an investigation by CPS that based on available information it is more likely than not that child abuse or neglect did occur.

     "Inconclusive" means the determination following an investigation by CPS that based on available information a decision cannot be made that more likely than not, child abuse or neglect did or did not occur.

     "Mandated reporter" means a person required to report alleged child abuse or neglect as defined in RCW 26.44.030.

     "Preponderance of evidence" means the evidence presented in a hearing indicates more likely than not child abuse or neglect did occur.

     "Unfounded" means the determination following an investigation by CPS that based on available information it is more likely than not that child abuse or neglect did not occur.

[]

     (1) Physical abuse means the nonaccidental infliction of physical injury or physical mistreatment on a child. Physical abuse includes, but is not limited to, such actions as:

     (a) Throwing, kicking, burning, or cutting a child;

     (b) Striking a child with a closed fist;

     (c) Shaking a child under age three;

     (d) Interfering with a child's breathing;

     (e) Threatening a child with a deadly weapon;

     (f) Doing any other act that is likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks or which is injurious to the child's health, welfare and safety.

     (2) Physical discipline of a child, including the reasonable use of corporal punishment, is not considered abuse when it is reasonable and moderate and is inflicted by a parent or guardian for the purposes of restraining or correcting the child. The age, size, and condition of the child, and the location of any inflicted injury shall be considered in determining whether the bodily harm is reasonable or moderate. Other factors may include the developmental level of the child and the nature of the child's misconduct. A parent's belief that it is necessary to punish a child does not justify or permit the use of excessive, immoderate or unreasonable force against the child.

     (3) Sexual abuse means committing or allowing to be committed any sexual offense against a child as defined in the criminal code. The intentional touching, either directly or through the clothing, of the sexual or other intimate parts of a child or allowing, permitting, compelling, encouraging, aiding, or otherwise causing a child to engage in touching the sexual or other intimate parts of another for the purpose of gratifying the sexual desire of the person touching the child, the child, or a third party. A parent or guardian of a child, a person authorized by the parent or guardian to provide childcare for the child, or a person providing medically recognized services for the child, may touch a child in the sexual or other intimate parts for the purposes of providing hygiene, child care, and medical treatment or diagnosis.

     (4) Sexual exploitation includes, but is not limited to, such actions as allowing, permitting, compelling, encouraging, aiding, or otherwise causing a child to engage in:

     (a) Prostitution;

     (b) Sexually explicit, obscene or pornographic activity to be photographed, filmed, or electronically reproduced or transmitted; or

     (c) Sexually explicit, obscene or pornographic activity as part of a live performance, or for the benefit or sexual gratification of another person.

     (5) Negligent treatment or maltreatment means an act or a failure to act on the part of a child's parent, legal custodian, guardian, or caregiver that shows a serious disregard of the consequences to the child of such magnitude that it creates a clear and present danger to the child's health, welfare, and safety. A child does not have to suffer actual damage or physical or emotional harm to be in circumstances which create a clear and present danger to the child's health, welfare, and safety. Negligent treatment or maltreatment includes, but is not limited, to:

     (a) Failure to provide adequate food, shelter, clothing, supervision, or health care necessary for a child's health, welfare, and safety. Poverty and/or homelessness do not constitute negligent treatment or maltreatment in and of themselves;

     (b) Actions, failures to act, or omissions that result in injury to or which create a substantial risk of injury to the physical, emotional, and/or cognitive development of a child; or

     (c) The cumulative effects of consistent inaction or behavior by a parent or guardian in providing for the physical, emotional and developmental needs of a child's, or the effects of chronic failure on the part of a parent or guardian to perform basic parental functions, obligations, and duties, when the result is to cause injury or create a substantial risk of injury to the physical, emotional, and/or cognitive development of a child.

[]

     (a) Deserts the child in any manner whatever with the intent to abandon the child;

     (b) Leaves a child without the means or ability to obtain one or more of the basic necessities of life such as food, water, shelter, clothing, hygiene, and medically necessary health care; or

     (c) Forgoes for an extended period of time parental rights, functions, duties and obligations despite an ability to exercise such rights, duties, and obligations.

     (2) Abandonment of a child by a parent may be established by conduct on the part of a parent or guardian that demonstrates a substantial lack of regard for the rights, duties, and obligations of the parent or guardian or for the health, welfare, and safety of the child. Criminal activity or incarceration of a parent or guardian does not constitute abandonment in and of themselves, but a pattern of criminal activity or repeated or long-term incarceration may constitute abandonment of a child.

[]

     (1) By a parent, legal custodian, or guardian of the child; or

     (2) In a DSHS licensed, certified, or state-operated facility; or

     (3) By persons or agencies subject to licensing under chapter 74.15 RCW, including individuals employed by or volunteers of such facilities.

[]

     (2) CPS must determine whether alleged incidents or conditions meet the definitions of child abuse or neglect in this chapter or in chapter 26.44 RCW.

     (3) CPS must assess or investigate all reports of alleged child abuse or neglect that meet the definitions of child abuse or neglect contained in this chapter or in chapter 26.44 RCW.

     (4) CPS must investigate anonymous reports only as provided in RCW 26.44.030(15).

     (5) CPS must maintain a record of reports received that are not investigated because they do not meet the definitions of child abuse or neglect as defined in RCW or this chapter.

     (6) CPS must report to law enforcement per RCW 26.44.030(4) and 74.13.031.

[]

     (2) CPS must provide an in-person response to alleged victims and must attempt an in-person response to the alleged perpetrator of child abuse and neglect in referrals assessed at moderate to high risk.

     (3) CPS may refer reports assessed at low to moderately low risk to an alternative response system.

     (4) CPS may interview a child, outside the presence of the parent, without prior parental notification or consent (RCW 26.44.030(10)).

     (5) Unless the child objects, CPS must make reasonable efforts to have a third party present at the interview so long as the third party does not jeopardize the investigation (RCW 26.44.030).

     (6) CPS may photograph the alleged child victim to document the physical condition of the child (RCW 26.44.050).

     (7) CPS must establish in procedure, timelines for the completion of investigations and standards for written findings.

[]

     (2) The DCFS social worker shall document in case records efforts to keep Indian families together and to avoid separating the Indian child from his parents, relatives, tribe or cultural heritage as per RCW 26.44.010 and WAC 388-70-093.

     (3) In alleged child abuse and neglect situations, the DCFS social worker shall document in case records, efforts to utilize staff and services particularly capable of meeting the special needs of Indian children and their families, in consultation with the child's tribe and/or local Indian child welfare advisory committee per WAC 388-70-600 through 388-70-640.

     (4) The DCFS social worker shall promptly advise the tribal council and the local Indian child welfare advisory committee that a child affiliated with the tribe is the victim of substantiated child abuse or neglect. The provisions of RCW 26.44.070, WAC 377-70-640, limiting who has access to confidential information, shall be followed in all cases.

[]

     (2) When CPS receives a report of alleged child abuse or neglect, mandated reporters, as identified in RCW 26.44.030, and their employees must provide upon request by CPS, all relevant records in their possession related to the child (RCW 26.44.030).

[]

     (2) CPS may involve local community resources in the planning and provision of services to help remedy conditions that contribute to the abuse or neglect of children.

     (3) CPS must have community based child protective teams (CPT) available for staffing and consultation regarding cases of child abuse or neglect. CPS must present cases for staffing with the CPT in accordance with executive order 95-04 and department procedures.

     (4) There are special requirements for staffing Indian children cases with the local Indian child welfare advisory committee (WAC 388-70-600).

[]

     (a) A court order directing that the child be placed in out-of-home care (RCW 13.34.050); or

     (b) A law enforcement officer placing the child in protective custody (RCW 26.44.050); or

     (c) A physician or hospital administrator detaining a child and CPS assuming custody until a court hearing is held (RCW 26.44.056); or

     (d) A voluntary placement agreement signed by the child's parent, guardian, or legal custodian. Voluntary placements of Indian children must comply with RCW 13.34.245.

     (2) CPS must attempt to place the child with a relative willing and available to care for the child, unless there is reasonable cause to believe that the health, safety and welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered (RCW 13.34.060). If a relative appears suitable and competent with good character to provide adequate care, the background check of a relative shall be completed as soon as possible after the child is placed (RCW 74.15.030).

[]

     (1) CPS must file a dependency petition with the juvenile court when a child is to remain in out of home care beyond seventy-two hours (excluding Saturdays, Sundays, and holidays) unless the child's parent or legal custodian signs a voluntary placement agreement.

     (2) CPS must make reasonable efforts to notify both parents, guardians, and any legal custodian(s) that a dependency petition has been filed. The notice must inform these parties of the date, time, and location of the initial shelter care hearing and of the parent(s) and any legal custodian's legal rights. If the court has entered an order for the out-of-home placement of the child, a hearing shall be held within seventy-two hours, excluding Saturdays, Sundays, and holidays.

     (3) Whenever CPS assumes custody of a child from law enforcement, and places the child in out of home care, a court hearing must be held within seventy-two hours from the time the child is taken into protective custody, excluding Saturdays, Sundays and holidays.

     (4) Whenever CPS assumes custody from a physician or a hospital administrator and places the child in out-of-home care, a court hearing must be held within seventy-two hours from the time CPS assumes custody of the child, excluding Saturdays, Sundays, and holidays.

[]

     (1) CPS is investigating a report alleging an act or acts of child abuse or neglect, and:

     (a) The child is alleged to be the victim; and/or

     (b) CPS interviews a child in relation to an alleged act of child abuse or neglect.

     (2) CPS takes a child into custody pursuant to a court order issued under RCW 13.34.050.

     (3) CPS receives custody of a child from law enforcement pursuant to RCW 26.44.050.

     (4) CPS files a dependency petition.

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     (1) The procedures for notifying the alleged perpetrator of any findings made by a CPS social worker in an investigation of suspected child abuse or neglect; and

     (2) The process for challenging a founded CPS finding of child abuse or neglect (RCW 26.44.100 and 26.44.125).

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     (2) In cases where certified mailing may not be either possible or advisable, the CPS social worker may personally deliver or have served the CPS finding notice to the alleged perpetrator.

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     (1) The alleged perpetrator may submit to CPS a written response regarding the CPS finding. If a response is submitted, CPS must file this response in the department's records.

     (2) Information in the department's records may be considered in later investigations or proceedings relating to child protection or child custody.

     (3) Founded CPS findings may be considered in determining:

     (a) If an alleged perpetrator is qualified to be licensed to care for children or vulnerable adults;

     (b) If an alleged perpetrator is qualified to be employed by a child care agency or facility;

     (c) If an alleged perpetrator may be authorized or funded by the department to provide care or services to children or vulnerable adults.

     (4) The alleged perpetrator's right to challenge a founded CPS finding.

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     (2) According to RCW 26.44.020(19) no unfounded or inconclusive allegation of child abuse or neglect may be disclosed as part of a background check to a child placing agency, private adoption agency, or any other provider licensed under chapter 74.15 RCW.

     (3) According to RCW 26.44.031, at the end of six years from the date of the report, the department must remove the unfounded finding from the department's records unless an additional child abuse and/or neglect report has been received regarding the same perpetrator during those six years.

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     (2) The request must be provided to the same CPS office that sent the CPS finding notice within twenty calendar days from the date the alleged perpetrator receives the CPS finding notice (RCW 26.44.125).

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     (2) If the department has exercised reasonable, good faith efforts to provide notice of the CPS finding to the alleged perpetrator, the alleged perpetrator shall not have further opportunity to request a review of the finding beyond thirty days from the time the notice was sent.

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     (a) CPS records;

     (b) CPS summary reports; and

     (c) Any written information the alleged perpetrator may have submitted regarding the founded CPS finding of abuse and/or neglect.

     (2) Management staff may also meet with the CPS social worker and/or CPS supervisor to discuss the investigation/finding. After review of all this information, management staff decides if the founded CPS finding is correct or if it should be changed.

     (3) Management staff must complete their review of the founded CPS finding within sixty calendar days from the date CPS received the written request for review.

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     (2) The request for a hearing must be in writing and sent to the Office of Administrative Hearings. WAC 388-02-0025 lists the current address.

     (3) The office of administrative hearings must receive the written request for a hearing within thirty days from the date that the person requesting the hearing receives the CPS management review decision.

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     (2) The ALJ must consider any superior court dependency findings and order relating to the alleged abuse or neglect.

     (3) If the superior court has entered findings that the alleged perpetrator was the person responsible for the alleged child abuse or neglect, the ALJ must uphold the CPS finding. The ALJ must reiterate the court ruling and incorporate that ruling in the decision issued by the ALJ.

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     (a) If compelling reasons exist to have the child testify. If compelling reasons do exist, the ALJ must consider alternative methods to in-person testimony by the child. Such methods may include, but are not limited to, having the child testify by telephone or videotape; or

     (b) If the rights of a party (either the appellant or DSHS) would be prejudiced by not having the child testify in person. If a party's rights would be prejudiced, the ALJ must consider other methods to hear the child's testimony without having the child directly confront the alleged perpetrator.

     (2) If the child does testify at the hearing, the ALJ must include a written finding in the administrative hearing decision regarding the compelling reasons for the child's testimony and what alternative methods to in-person testimony the ALJ considered.

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     (1) Placement of the alleged abused or neglected child;

     (2) Risk assessments used in making placement decisions regarding the alleged abused and/or neglected child; or

     (3) Service plans for the alleged perpetrator and/or alleged abused or neglected child.

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     (2) If the ALJ determines that a preponderance of the evidence in the hearing record supports the founded CPS finding, the ALJ must uphold the finding.

     (3) If the ALJ determines that the founded CPS finding is not supported by a preponderance of the evidence in the hearing record, the ALJ must remand the matter to the department for a change of the finding consistent with the ruling of the ALJ.

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     The following sections of the Washington Administrative Code are repealed:

WAC 388-15-130	Child protective services -- Authority.
WAC 388-15-131	Child protective services -- Special requirements for Indian children.
WAC 388-15-132	Child protective services -- Acceptance of reports -- Eligibility for services and limits to authority.
WAC 388-15-134	Child protective services -- Notification.

© Washington State Code Reviser's Office