Effective Date of Rule: Immediately.

     Purpose: The division of developmental disabilities is proposing this emergency rule to amend WAC 388-828-5080 to be consistent with the DDD assessment application.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-828-5080.

     Statutory Authority for Adoption: RCW 71A.12.30 [71A.12.030].

     Other Authority: Title 71A RCW.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: This emergency rule will amend WAC 388-828-5080 to accurately reflect the protective supervision age-based score adjustment made by the DDD assessment application when determining the protective supervision support level. The DDD assessment application is correctly calculating the protective supervision support level. Without this rule, clients may incorrectly be found eligible or ineligible for services or benefits.

     The department filed a preproposal statement of inquiry (WSR 07-15-081) on July 18, 2007, to make amendments, clarifications and corrections necessary to this chapter 388-828 WAC. This rule will be formally proposed and incorporated into the CR-102 that will be filed in February 2007.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: October 18, 2007.

Stephanie E. Schiller

Rules Coordinator

If you are:	Then your age-based score adjustment is:
18 years or older	Score is equal to your level of monitoring score
16-17 years of age	Subtract ((1)) 2 from your level of monitoring score
12-15 years of age	Subtract ((2)) 3 from your level of monitoring score
8-11 years of age	Subtract ((3)) 4 from your level of monitoring score
5-7 years of age	Subtract ((4)) 5 from your level of monitoring score
0-4 years of age	Subtract ((5)) 6 from your level of monitoring score
If your adjusted level of monitoring score is a negative number, your adjusted protective supervision acuity score is zero.

     Example: If you are fifteen years old and "close proximity, (e.g., 1-2 hours, structured)" is identified as your level of monitoring score, your adjusted protective supervision acuity score is: Your close proximity score of four minus age-based score adjustment of ((two)) three. For age twelve through fifteen, this equals an adjusted protective supervision score of ((two)) one.

[Statutory Authority: RCW 71A.12.030 and Title 71A RCW. 07-10-029, § 388-828-5080, filed 4/23/07, effective 6/1/07.]

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