WSR 04-08-068

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed April 5, 2004, 3:21 p.m. ]

Subject of Possible Rule Making: WAC 388-25-0225 and 388-25-0230 are being amended to include a statement which extends the exemption of good cause to instances where best interest of the child is a determining factor when a referral to the Division of Child Support (DCS) is being considered for children in foster care placements and when the foster child is an adopted child receiving adoption assistance payments. WAC 388-25-0226 will be a new rule which states who may request a good cause determination.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.13.020, 74.08.090.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: These rules are needed to allow individual facts to be reviewed when a referral to DCS is being initiated against a family with a child in foster care and when the foster child is also an adopted child who receives adoption assistance. The rules will allow the state to create an exception based for good cause.

DSHS Children's Administration (CA) and DCS regulate this subject. CA is authorized to place in foster care children who need protection from child abuse or neglect and children whose mental, emotional, behavioral or physical needs present a risk to their safety and resources do not exist within the family to provide for those needs. DCS must collect child support for services in cases where foster care payments are made on behalf of a child. CA is required to refer all such cases to DCS and submit a good cause claim to DCS where it is determined that an exemption to collect child support exists.

Process for Developing New Rule: DSHS welcomes all interested parties to take part in developing the rules. At a later date, the department will file proposed rules with the Office of the Code Reviser, accept public comments and hold a public hearing. The proposal will be sent to everyone on CA's standard rule notice mailing list, and to anyone who requests a copy. If you wish to receive rule-making notices on this subject, or you have questions about the development of this rule, please contact the person listed below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lonnie Locke, Department of Social and Health Services, Adoption Support, P.O. Box 45713, phone (360) 902-7932, fax (360) 902-7903, e-mail lolo300@dshs.wa.gov.

April 2, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Legislature Code Reviser 

Register

Washington State Code Reviser's Office