WSR 03-19-051

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed September 11, 2003, 8:05 a.m. , effective September 11, 2003, 8:05 a.m. ]

Date of Adoption: September 9, 2003.

Purpose: The Children's Administration's Division of Program and Policy is amending these rules for family reconciliation services (FRS), WAC 388-32-0025 and 388-32-0030. The purpose is to redefine the time frames for the delivery and completion of services within the FRS program's reduced budget allocation and to allow for greater flexibility in the delivery of services. Children's Administration was required by the state Legislature in the supplemental budget, chapter 371, Laws of 2002, to reduce the FRS program by $1.68 million. These rules are needed to implement contracts to provide family reconciliation services for families, youth and children crisis.

Citation of Existing Rules Affected by this Order: Amending WAC 388-32-0025 and 388-32-0030.

Statutory Authority for Adoption: Chapter 13.32A RCW and RCW 74.08.090.

Other Authority: RCW 74.13.031, chapter 371, Laws of 2002.

Adopted under notice filed as WSR 03-14-100 on June 30, 2003.

Changes Other than Editing from Proposed to Adopted Version: For clarification the wording in WAC 388-32-0030 (3) and (6) was changed from "twelve hours in six weeks" to "twelve hours in forty-five days."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The earlier effective date is necessary because of imminent peril to the public health, safety and welfare. An immediate effective date is needed to preserve services protecting youth who are suffering abuse or who are in an immediate family crisis and are requesting family reconciliation services. Emergency rules were filed and in place prior to the adoption of these rules. These permanent rules must take effect before the emergency rules expire at the end of September 10, 2003.
Effective Date of Rule: Immediately upon filing [September 11, 2003, 8:05 a.m.].

September 9, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3190.5
AMENDATORY SECTION(Amending WSR 01-08-047, filed 3/30/01, effective 4/30/01)

WAC 388-32-0025   Who may receive FRS services?   (1) CA provides FRS to ((runaways and families in conflict)) adolescents, thirteen through seventeen years of age, and their families, in instances where the adolescent has runaway and/or is in conflict with his/her family. These populations are defined as follows:

"Families in conflict" means families in which personal or family situations present a serious and imminent threat to the health or stability of the child, which may include an at-risk youth, or family.

"Runaways" means youths who are absent from home for a period of time without parental permission. Services are to actual runaways and not to threatened runaways, unless the threatened runaways meet the definition of families in conflict.

(2) FRS is not provided for any of the following situations, unless the family is seeking an at-risk youth or a child-in-need-of-services (CHINS) family assessment:

(a) The identified youth has not reached his/her thirteenth birthday, or the youth is eighteen years of age or older;

(b) Chronic or long-term multiproblem situations requiring long-term interventions;

(((b))) (c) Custody and marital disputes unless the dispute creates a conflict between the child and parent with physical custody;

(((c))) (d) Families currently receiving counseling services related to the parent-child conflict/relationship from other agencies;

(((d))) (e) Child abuse and neglect cases, unless those cases meet the definition of family in conflict((;

(e))) ; or

(f) Youth receiving foster care or group care services or follow up to those services((; and

(f) Post-adoption cases still under supervision of an agency, except when those cases meet the definition of families in conflict)).

[Statutory Authority: RCW 74.13.031. 01-08-047, 388-32-0025, filed 3/30/01, effective 4/30/01.]


AMENDATORY SECTION(Amending WSR 01-08-047, filed 3/30/01, effective 4/30/01)

WAC 388-32-0030   What FRS services does the department provide?   The assigned social worker provides services to develop skills and supports within families to resolve family conflicts, achieve a reconciliation between parent and child, and to avoid out-of-home placement. The services may include, but are not limited to, referral to services for suicide prevention, psychiatric or other medical care, or psychological, financial, legal, educational, or other social services, as appropriate to the needs of the child and family. Typically FRS is limited to a ninety-day period. Children's administration (CA) provides intake/assessment services (IAS).

(1) The ((CA social worker provides intake/assessment services (IAS).)) children's administration's (CA) central intake provides intake services. Youth and/or their families who self-present at a local DCFS office requesting FRS services shall be provided assistance in contacting the appropriate children's administration's intake services to make a formal request for FRS services.

(2) The FRS social worker must ((initiate these short-term counseling sessions within forty-eight hours of the family's request for services)) contact the family within twenty-four hours of their assignment to the case, to schedule an appointment to begin the phase I family interview process. These FRS phase I sessions are intended to defuse the immediate potential for violence, assess problems, and explore options leading to problem resolution.

(((2))) (3) CA or its contractors may provide FRS phase II crisis counseling services for up to ((thirty days within a ninety-day period.

(3))) forty-five days.

(4) Families eligible for ((thirty-day)) FRS phase II crisis counseling are those who, in the opinion of the family and the CA social worker, require more intensive services than those provided through ((IAS.

(4))) phase I services.

(5) Families must make a commitment to participate in the ((thirty-day)) FRS phase II crisis counseling service and must not concurrently be receiving similar ((family)) counseling services through other agencies or practitioners. At a minimum, there must be a parent and a child willing to participate.

(((5) Thirty-day))

(6) FRS phase II crisis counseling services may not exceed ((fifteen hours within thirty days)) twelve hours within forty-five days. The assigned counselor helps the family develop skills and supports to resolve conflicts. The counselor may refer to resources including medical, legal, ongoing counseling and CPS for problem resolution.

(a) ((The CA supervisor may extend thirty-day crisis counseling for an additional thirty days and up to fifteen additional hours of service, subject to availability of funds and the family's continued progress toward resolving conflicts)) FRS phase II crisis counseling may not be extended for either additional days or additional hours, except by an exception-to-policy waiver signed by the area administrator.

(b) ((The thirty-day)) FRS phase II crisis counseling ((is)) services are available a maximum of twice in a lifetime for any one ((child within a)) family. The family must include a parent/guardian who has legal custody of the youth.

[Statutory Authority: RCW 74.13.031. 01-08-047, 388-32-0030, filed 3/30/01, effective 4/30/01.]

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