Effective Date of Rule: Thirty-one days after filing.

     Purpose: The purpose is to clarify the scope and nature of the right of a foster parent to notice and an opportunity for a hearing to contest a foster care rate assessment.

     The department is creating new sections WAC 388-25-0001, 388-25-0003, 388-25-0011, 388-25-0016, 388-25-0022, 388-25-0027, 388-25-0032, 388-25-0037, 388-25-0042, 388-25-0047, 388-25-0052, 388-25-0057, 388-25-0062, 388-25-0067, 388-25-0072, 388-25-0077, 388-25-0082, 388-25-0087, and 388-25-0107.

     Citation of Existing Rules Affected by this Order: Repealing WAC 388-25-0070, 388-25-0080, 388-25-0085, 388-25-0120, 388-25-0160, 388-25-0170, 388-25-0180 and 388-25-0205; and amending WAC 388-25-0095, 388-25-0195, and 388-25-0200.

     Statutory Authority for Adoption: RCW 74.08.090.

      Adopted under notice filed as WSR 09-10-024 on April 28, 2009.

     Changes Other than Editing from Proposed to Adopted Version: The CR-102 Notice of proposed rule-making listed WAC 388-25-0225 and 388-25-0235 in the repealer section. This proposal caused concern for the DSHS division of child support (DCS) as these two sections deal with foster care referrals to DCS. The department has made the decision not to repeal these two WACs at this time.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 19, Amended 3, Repealed 8.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 19, Amended 3, Repealed 8.

     Date Adopted: July 27, 2009.

Stephanie E. Schiller

Rules Coordinator

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     (1) Foster care maintenance payments are based on foster parent time and the nature of activities needed to meet the needs of the child.

     (2) A standardized assessment tool is used for all children.

     (3) The assessment tool is completed jointly by foster parent and social worker or a rate assessment specialist.

     (4) Assessments are updated periodically, in accordance with WAC 388-25-0032.

     (5) The assessment process is automated.

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     (1) Step one: The child's social worker or designated rate assessment specialist will meet with the foster parent in person or telephonically to jointly complete the standardized assessment form.

     (2) Step two: After step one has been completed, the child's social worker or designated rate assessment specialist enters the information from the assessment into the computer and, based on the responses to the questions in the standardized assessment, the rate assessment software program automatically calculates the foster care rate that will be paid on behalf of the child.

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     (1) Caring and/or advocating for the child to meet the child's physical and behavioral needs;

     (2) Participating in parenting activities related to the child's physical or emotional/behavioral therapeutic plan;

     (3) Engaging in parenting activities related to supervising and supporting the educational needs of the child;

     (4) Participating in parenting activities related to scheduling, arranging, and supervising activities, such as medical and dental appointments for the child, visits between the child and his or her parents and/or siblings, or other school or recreational activities;

     (5) Repairing, cleaning or replacing household items, over and above normal repair, due to the child's chronic physical problems or destructive behavior; and

     (6) Preparing the child to transition back to the child's parents or to an adoptive or other foster care placement.

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     (1) Within thirty days of the child's placement in the foster parent's home;

     (2) At least every six months after the first assessment; and

     (3) When there is a significant change in circumstances for the child or in the foster parent's ability or time required to meet the child's needs.

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     (1) Level 1: Children assessed at this level receive the basic foster care maintenance rate. The payment is based on the time typically spent by a foster parent to meet the needs of a child, who is developing comparably to children in the same age range. The payments are based on three age categories: birth to five years old, six to eleven years old, and twelve to eighteen years old.

     (2) Level 2: Children assessed at this level require the foster parent's increased attention, time and supervision, beyond that required to meet the child's basic or routine needs, to address specific physical, mental, behavioral, emotional and/or intellectual challenges.

     (3) Levels 3 and 4: Children assessed at these levels have the highest needs for attention and care. These children require significantly more time from the foster parent because of the severity of their issues. These children often will be participating in more than one treatment program, and may need to participate in treatment in the foster parent's home. A child assessed at level 3 or 4 may have serious medical, behavioral or psychiatric issues or behaviors that require a safety plan.

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     For example: In cases where the child's needs decrease or the time required of the foster parent to meet the child's needs decreases, the standardized assessment may assess the child at a lower rate. For example, on a reassessment a child might be assessed at level 2, when the child's previous rate had been at level 3. In cases where the child's needs or the demands on the foster parent increase, the standardized assessment may assess the child at a higher level.

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     (1) The amount of the monthly foster care maintenance payment that will be paid on behalf of the child;

     (2) The right to review of the assessment and;

     (3) How to exercise the right of review.

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     (2) The request must be received by CA within twenty calendar days of the date of the letter informing the foster parent of the rate assessed for the child. If a request is not made within twenty days, the department will not review the assessment.

     (a) The department may grant a twenty-day extension of time for filing the request for review, if the foster parent has contacted a regional foster parent liaison within the initial twenty-day time period and asked for assistance in informally resolving any disagreement as to the rate assessed.

     (b) The department has the descretion and may grant a twenty-day extension for good cause.

     (3) The request must include a statement explaining why the foster parent believes the assessed rate is incorrect. The foster parent may provide additional information that he or she believes is relevant to the questions asked on the foster care rate assessment standardized form.

     (4) The request must be sent to the individual and address identified in the letter informing the foster parent of the rate assessed for the child.

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     Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 388-25-0067   What does the department consider in reviewing the request?   (1) The review will be conducted by department management level staff, or by a designee who was not involved in the rate assessment process.

     (2) The review will be conducted within ten days of receiving the request for review.

     (3) The reviewer will consider:

     (a) Whether the foster parent and the social worker or designated rate assessment specialist met in person or telephonically to jointly complete the standardized assessment form;

     (b) Whether the information obtained through the conversation between the social worker or rate assessment specialist and the foster parent was accurately recorded on the form;

     (c) Whether any additional information provided by the foster parent, as authorized in WAC 388-25-0060(3) is relevant to the automated assessment;

     (d) Whether the information was accurately entered into the computer program; and

     (e) Whether the computer program was properly functioning in calculating the rate and providing the written report of the assessment.

     (4) The department will not consider information about the child or the foster family that is outside the standardized assessment form and will not alter the computerized calculation that is based on a properly completed form.

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     (a) Upholds the rate assessment; or

     (b) Agrees the rate was wrongly calculated and adjusts the rate to the proper level.

     (2) If the department upholds the rate assessment, the notice will provide information about further review.

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     (2) The request must be in writing and sent to the office of administrative hearings (OAH). WAC 388-02-0025 lists the current addresses for OAH.

     (3) The request must be received by OAH within twenty days from the date of the letter notifying the foster parent of the department's decision on review.

     (4) Foster care providers and recipients of foster care funds do not have a right to request an administrative hearing to challenge or dispute the established rates of the foster care program or to challenge the foster care rate assessment standardized form or program.

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     (a) Whether the foster parent and the social worker or designated rate assessment specialist met in person or telephonically to jointly complete the standardized assessment form;

     (b) Whether the information obtained in the meeting between the social worker or rate assessment specialist and foster parent was accurately recorded on the form;

     (c) Whether additional information provided by the foster parent on review to the department was accurately recorded on the form, if applicable;

     (d) Whether the information was accurately entered into the computer program; and

     (e) Whether the computer program was properly functioning in calculating the rate and providing the written report of the assessment.

     (2) The ALJ must not consider information about the child or the foster family that is outside the standardized assessment form or that was not provided to the department at the time of the assessment or at the time of the department's review of the assessment.

     (3) The ALJ must not make a determination that conflicts with a properly completed standardized foster care rate assessment.

     (4) The ALJ must not consider a challenge to the department's established foster care rates or to the foster care rate assessment standardized form or program.

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[Statutory Authority: RCW 74.13.031. 01-08-047, § 388-25-0095, filed 3/30/01, effective 4/30/01.]

     (2) The department pays for each night a child resides in foster care.

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     (5) The department continues payments at the department's current rates until the other state fully licenses the home. After receiving a copy of the foster family home license from the other state, the DCFS supervising social worker authorizes payment at the receiving state's rates (see WAC 388-25-0195))) When the foster family moves to another state, the department must arrange with the other state or local social service agency to license and supervise the home and the placement (see chapter 26.34 RCW).

     After receiving a copy of the foster family home license from the other state, the DCFS supervising social worker authorizes payment.

[Statutory Authority: RCW 74.13.031. 01-08-047, § 388-25-0195, filed 3/30/01, effective 4/30/01.]

     (b) The other state identifies its rates to the department)).

     (2) ((When the child welfare department in another state places a child, who is a resident of the state of Washington, in foster care the department makes foster care payments at the rate requested by that state.

     (3))) The ((CA)) children's administration interstate compact on placement of children (ICPC) program manager must approve out-of-state placement before the department makes payment for foster care.

[Statutory Authority: RCW 74.13.031. 01-08-047, § 388-25-0200, filed 3/30/01, effective 4/30/01.]

     The following sections of the Washington Administrative Code are repealed:

WAC 388-25-0070	When does the department authorize foster care payments?
WAC 388-25-0080	Are dependency guardians who are licensed foster parents able to receive payment from more than one source?
WAC 388-25-0085	What happens if the dependency guardian receives payments from more than one source?
WAC 388-25-0120	What is the department's reimbursement schedule for regular family foster care?
WAC 388-25-0160	What are the reimbursement standards for payments above the basic foster care rate?
WAC 388-25-0170	What other services and reimbursements may be provided for the support of children placed in foster care by the department?
WAC 388-25-0180	Under what circumstances may the department provide reimbursement for foster care if the child is temporarily absent from the foster home or facility?
WAC 388-25-0205	How does the department treat the earnings of a child in foster care?

© Washington State Code Reviser's Office