WSR 03-08-087

EXPEDITED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed April 1, 2003, 4:50 p.m. ]

Title of Rule: New WAC 388-25-0018 What is the agency's goal as to the maximum number of children who remain in foster care in excess of twenty-four months?

Purpose: To comply with federal law and regulation (Title IV, Section 471 (a)(14) of the Social Security Act, and 45 C.F.R. 1356.21(n)) which mandate states to make a projection as to the number or percentage of children they will have in foster care in excess of twenty-four months and to codify this requirement in state law. Washington state did have a rule (WAC 388-70-010) addressing this federal requirement, but it was repealed in error in rules adopted as WSR 01-08-047. The state is also mandated by its own statute, RCW 74.13.055, to have this rule.

Statutory Authority for Adoption: RCW 34.05.353 and 74.13.055.

Statute Being Implemented: RCW 74.13.055.

Summary: The proposed new rule will reinstate the following language which was lost when WAC 388-70-010 was repealed in error in rules adopted as WSR 01-08-047: "The placement goal for the foster care program is to limit the number of all children who remain in care in excess of twenty-four months to no more than 35% of the foster care population."

Reasons Supporting Proposal: To be in compliance with state and federal law. The proposed rule is a required policy statement that relates only to internal governmental operations that are not subject to violation by any person, and therefore qualifies this proposed rule for expedited adoption under RCW 34.05.353 (1)(a).

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Janice Greenfield, 115 Washington Street, Olympia, WA 98504-45710, (360) 902-8002.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal law, Title IV, Section 471 (a)(14) Social Security Act; 45 C.F.R. 1356.21(n).

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of this rule is to replace a WAC that was repealed in error, WAC 388-70-010, filed as WSR 01-08-047. This is a rule that the state is mandated to have by federal and state law.

Proposal does not change existing rules.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Rules Coordinator, Rules and Policies Assistance Unit, Department of Social and Health Services, P.O. Box 45850, Olympia, WA 98504-5850 , AND RECEIVED BY 5:00 p.m., June 2, 2003.


March 25, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3049.2
NEW SECTION
WAC 388-25-0018   What is the agency's goal as to the maximum number of children who remain in foster care in excess of twenty-four months?   The placement goal for the foster care program is to limit the number of all children who remain in care in excess of twenty-four months to no more than thirty-five percent of the foster care population.

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