Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-02-074.

     Title of Rule and Other Identifying Information: WAC 388-32-0030 What FRS services does the department provide?

     Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane, behind Goodyear Tire. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on May 9, 2006, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than May 10, 2006.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., May 9, 2006.

     Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by May 5, 2006, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule covers the delivery of family reconciliation services provided by children's administration. Services covered in this section are case management and in-home counseling for families in crisis or with at-risk youth.

     This revision will remove restrictions on the amount of time that contracted family crisis counselors may be engaged in service with families that has proven effective in strengthening families and preventing out-of-home placements. Additionally, the revision will also remove a maximum hourly service limit on counselors under the same circumstances.

     Reasons Supporting Proposal: The current rules restrict children's administration ability to add an evidence-based treatment that assists families in crisis seeking assistance. Specifically, children's administration is seeking to implement a new practice within family reconciliation services in conjunction with the children's mental health initiative and the current Washington Administrative Code will hamper the implementation.

     Statutory Authority for Adoption: RCW 13.32A.040, 74.13.031, 74.08.090.

     Statute Being Implemented: RCW 13.32A.040.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting: Tim Kelly, P.O. Box 45710, Olympia, WA 98504-5710, (360) 902-7772.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Children's administration has determined there are minimal or no costs associated with this change.

     A cost-benefit analysis is not required under RCW 34.05.328. These rules do not meet the definition of "significant legislative rule" under RCW 34.05.328 (5)(c) and a cost-benefit analysis is not required.

March 30, 2006

Andy Fernando, Manager

Rules and Policies Assistance Unit

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

     (((2))) (a) The FRS social worker must 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.

     (((3))) (b) CA or its contractors may provide FRS phase II crisis counseling services ((for up to forty-five days)).

     (((4))) (2) Families eligible for 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 phase I services.

     (((5))) (a) Families must make a commitment to participate in the FRS phase II crisis counseling service and must not concurrently be receiving similar counseling services through other agencies or practitioners. At a minimum, there must be a parent and a child willing to participate. FRS phase II Crisis Counseling assists the family to develop skills and supports in order to resolve conflicts.

     (((6))) (b) FRS phase II crisis counseling services may not exceed twelve hours within forty-five days unless it is provided using a CA approved model that is based on research demonstrating effectiveness.

     (c) 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) 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))) (d) FRS phase II crisis counseling services are available a maximum of twice in a lifetime for any one family. The family must include a parent/guardian who has legal custody of the youth.

[Statutory Authority: Chapter 13.32A RCW, RCW 74.08.090, 74.13.031, 2002 c 371. 03-19-051, § 388-32-0030, filed 9/11/03, effective 9/11/03. Statutory Authority: RCW 74.13.031. 01-08-047, § 388-32-0030, filed 3/30/01, effective 4/30/01.]

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