WSR 12-22-003

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed October 25, 2012, 3:26 p.m. , effective October 25, 2012, 3:26 p.m. ]


Effective Date of Rule: Immediately.

Purpose: The department is creating emergency WAC to support ESHB 2592 Extended foster care services. ESHB 2592 authorizes children's administration to provide extended foster care services to youth age eighteen up to twenty-one years who are eligible to receive foster care services authorized under RCW 74.13.031 to complete secondary education, a secondary education equivalency program, a post-secondary education program, or a post-secondary vocational program.

Citation of Existing Rules Affected by this Order: Amending WAC 388-25-0110 and 388-148-0010.

Statutory Authority for Adoption: RCW 74.13.031.

Other Authority: 2012 ESHB 2592, RCW 74.13.020 and 13.34.267.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: ESHB 2592 enables Washington state to access a federal match of funds under 2008 federal legislation "Fostering Connections to Success and Increasing Adoptions Act." The act provides an option permitting states to use Title IV-E foster care funds for youth who wish to pursue secondary or post-secondary education programs from age eighteen up to twenty-one years old. ESHB 2592 authorizes continued extended foster care services for youth ages eighteen to twenty-one years to complete a post-secondary academic or post-secondary vocational education program. Because of the range and complexity of delivering foster care and legal services relating to this program, children's administration has collaborated with advocates, judicial officers, legal counsel for children and the department, service providers, youth, foster parents, JRA, DDD, [and] others in developing the proposed WACs to govern the program.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.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

Date Adopted: October 23, 2012.

Katherine I. Vasquez

Rules Coordinator

4376.7
AMENDATORY SECTION(Amending WSR 01-08-047, filed 3/30/01, effective 4/30/01)

WAC 388-25-0110   What is the effective date for termination of foster care payments?   (1) The department ends payment on the day before the child actually leaves the foster home or facility. The department does not pay for the last day that a child is in a foster care home or facility.

(2) The department terminates family foster care payments for children in family foster care effective the date:

(a) The child no longer needs foster care; or

(b) The child no longer resides in foster care except as provided in WAC 388-25-0180; or

(c) The child reaches the age of eighteen.

(i) If the child continues to attend, but has not finished, high school or an equivalent educational program at the age of eighteen and has a need for continued family foster care services, the department may continue payments until the date the child completes the high school program or equivalent educational or vocational program. The department must not extend payments for a youth in care beyond age twenty.

(ii) If the child has applied and demonstrates he or she intends to timely enroll, or is enrolled and participating in a post-secondary education program, or a post-secondary vocational program at the age of eighteen and has a need for continued family foster care services, the department may continue payments until the date the child reaches his or her twenty-first birthday or is no longer enrolled in and participating in a post secondary program, whichever is earlier.

(3) The department must terminate foster care payments for children in the behavior rehabilitative services program effective the date:

(a) The child no longer needs rehabilitative services; or

(b) The child is no longer served through contracted rehabilitative services program except as provided in WAC 388-25-0030; or

(c) The child reaches the age of eighteen and continues to attend, but has not finished, high school or an equivalent educational program and has a need for continued rehabilitative treatment services, the department may continue payments until the date the youth completes the high school program or equivalent educational or vocational program. The department must not extend payments for a youth in care beyond age twenty.

[Statutory Authority: RCW 74.13.031. 01-08-047, 388-25-0110, filed 3/30/01, effective 4/30/01.]


NEW SECTION
WAC 388-25-0500   What is the legal basis of the extended foster care program?   The legal authorities for the program are:

(1) Revised Code of Washington: RCW 74.13.031 and RCW 13.34.267;

(2) United States Code: 42 USC sec. 671-675; and

(3) The U.S. Department of Health and Human Services (DHHS) policy guidelines for states to use in determining a child's eligibility for participation in extended foster care programs.

[]


NEW SECTION
WAC 388-25-0502   What is the purpose of the extended foster care program?   The extended foster care program provides an opportunity for young adults in foster care at age eighteen to voluntarily agree to continue receiving foster care services, including placement services, while the youth completes a secondary or post-secondary academic or vocational program.

[]


NEW SECTION
WAC 388-25-0504   What is extended foster care?   Extended foster care is a program offered to young adults, age eighteen up to twenty-one, who turn eighteen while in foster care, to enable them to complete:

(1) A high school diploma or general equivalency diploma;

(2) Post secondary or vocational education.

[]


NEW SECTION
WAC 388-25-0506   Who is eligible for extended foster care?   To be eligible for the extended foster care program a youth, on his or her eighteenth birthday, must:

(1) Be dependent under chapter 13.34 RCW;

(2) Be placed in foster care (as defined in WAC 388-25-0508) by children's administration, and:

(a) Be enrolled (as described in WAC 388-25-0512) in a high school or secondary education equivalency program; or

(b) Be enrolled (as described in WAC 388-25-0512) in a post secondary academic or vocational education program; or

(c) Have applied for and can demonstrate intent to timely enroll in a post secondary academic or vocational education program (as described in WAC 388-25-0514).

[]


NEW SECTION
WAC 388-25-0508   When is a youth considered to be "in foster care"?   For the purpose of determining initial eligibility for the extended foster care program, a youth is in foster care if the youth is under children's administration (CA) placement and care authority, is placed by CA in out of home care, in relative care, licensed foster home, licensed group care, or other suitable person placement. Provided:

(1) A youth who is temporarily away from a foster care placement in:

(a) A hospital;

(b) A drug/alcohol treatment facility;

(c) A mental health treatment facility; or

(d) For less than thirty days in a county detention center is considered to be in foster care.

(2) A youth who is temporarily away from his or her foster car e placement without permission of the case worker or care giver, but who is expected to return to foster care within twenty days, is considered to be in foster care for purposes of determining initial eligibility.

(3) A youth who is committed to juvenile rehabilitation administration custody and who resides in a foster home, group home, or community facility, as defined in RCW 74.15.020 (1)(a).

[]


NEW SECTION
WAC 388-25-0510   When is a youth not "in foster care"?   For the purposes of determining initial eligibility for the extended foster care program, a youth is not in foster care if the youth is:

(1) Placed with a parent;

(2) In a dependency guardianship or chapter 13.36 RCW;

(3) Committed to and residing in a juvenile rehabilitation administration (JRA) institution (as defined in RCW 13.30.020(12)) or to the department of corrections; or

(4) Absent from his/her foster care placement without permission of the case worker or care giver for more than twenty consecutive days.

[]


NEW SECTION
WAC 388-25-0512   How does a youth demonstrate enrollment in school?   Enrollment in school is shown by documented registration or acceptance in:

(1) Secondary - a high school, secondary education equivalency program, or a state accredited on-line or other approved secondary education program.

(2) Post secondary - post secondary academic or vocational program.

[]


NEW SECTION
WAC 388-25-0514   How does a youth demonstrate he/she has applied for and intends to timely enroll in a post-secondary program?   (1) Applied for intends to timely enroll in a post-secondary program is demonstrated by the youth:

(a) Completing and submitting an application to a post secondary academic or vocational program; or

(b) Providing proof of Free Application for Federal Student Aid (FAFSA) submission.

(2) Timely enroll means participation in a post secondary program in the next reasonably available school term.

[]


NEW SECTION
WAC 388-25-0516   What if an eligible youth does not want to participate in the extended foster care program at age eighteen?   Youth may elect to participate in the extended foster care program beginning on their eighteenth birthday. The law recognizes an eligible youth may need time beyond the eighteenth birthday to consider if they want continued foster care services. It provides a six-month grace period or a time for "trial independence", from date of youth's eighteenth birthday, to give the youth an opportunity to change their mind.

[]


NEW SECTION
WAC 388-25-0518   What is the trial independence or grace period?   Trial independence is a period of time, up to six months, during which an eligible youth who did not elect to participate in extended foster care on their eighteenth birthday, may change their mind and participate in the program. During this period, the youth is not in extended foster care, but dismissal of the dependency action is postponed and children's administration is relieved of all supervisory and placement responsibility for the youth. If the youth does not request to participate in the extended foster care program within the six-month trial independence period, the dependency is dismissed and extended foster care is no longer available to the youth.

[]


NEW SECTION
WAC 388-25-0520   Does an eligible youth who elects to participate in extended foster care on his or her eighteenth birthday receive a trial independence period?   No, the trial independency period is only available to eligible youth who have not yet elected to participate in extended foster on their eighteenth birthday.

[]


NEW SECTION
WAC 388-25-0522   When does the six-month trial independence period end?   The trial independence period ends six month after the eligible youth's eighteenth birthday, or when the youth elects to participate in the extended foster care program.

[]


NEW SECTION
WAC 388-25-0524   If a youth does not remain enrolled in school during the trial independence period may the youth still elect to participate in the program?   Yes, as long as the youth is enrolled (as described in WAC 388-25-0512 and or 388-25-0514) in an applicable education program at the time the youth elects to participate in extended foster care.

[]


NEW SECTION
WAC 388-25-0526   Does a youth have to agree to participate in extended foster care program?   Yes, a youth must agree to participate in extended foster care. A youth who reaches the age of eighteen years old is not required to continue to receive foster care services.

[]


NEW SECTION
WAC 388-25-0528   How does a youth agree to participate in extended foster care program?   An eligible dependent youth can agree to participate by:

(1) Signing an extended foster care agreement; or

(2) For developmentally delayed youth, remaining in the foster care placement and continuing in an appropriate educational program.

[]


NEW SECTION
WAC 388-25-0530   Where do youth obtain information about how to participate in the program   Youth can contact:

(1) Youth's attorney/CASA/GAL.

(2) Youth's social worker.

(3) Local children's administration office.

(4) www.independence.wa.gov.

(5) 1-866-END-HARM.

[]


NEW SECTION
WAC 388-25-0532   Can a youth participating in the extended foster care program to complete a secondary education or equivalency program continue to receive extended foster care services to participate in a post secondary education program?   Yes, if at the time the secondary program is completed, the youth is enrolled in, or has applied to, and can demonstrate they intend to timely enroll in, a post secondary academic or vocational program.

[]


NEW SECTION
WAC 388-25-0534   Is there a trial independence period for a youth who completes his or her secondary education program while participating in extended foster care and before the youth enters a post secondary program?   No, if a youth completes a secondary education program while in extended foster care, the dependency will be dismissed and foster care services will end, unless the youth has enrolled in, or applied to and can demonstrate an intent to timely enroll in, a post secondary academic or vocational program.

[]


NEW SECTION
WAC 388-25-0536   What are CA's responsibilities to a youth who is participating in extended foster care?   Children's administration (CA) is required to have placement and care authority over the youth and to provide foster care services, including transition planning and independent living services, medical assistance through medicaid, and case management. Case management includes findings or approving a foster care placement for the youth, convening family meetings, developing, revising, and monitoring implementation of any case plan or individual service and safety plan, coordinating and monitoring services needed by the youth, caseworker visits, and court-related duties, including preparing court reports, attending judicial hearings and permanency hearings, and ensuring that the youth is progressing toward independence within state and federal mandates. CA has responsibility to inform the court of the status of the child (including health, safety, welfare, education status and continuing eligibility for extended foster care program).

[]


NEW SECTION
WAC 388-25-0538   What is the CA's responsibility for the youth during the six-month trial independence period?   Children's administration is relieved of all supervisory and placement responsibility for the youth during the trial independence period until the youth elects to participate in extended foster care or the dependency is dismissed.

[]


NEW SECTION
WAC 388-25-0540   How does CA determine a youth's continuing eligibility for extended foster care program?   At least every six months, children's administration will determine if youth continues to:

(1) Agree to participate in the extended foster care program.

(2) Be enrolled in an education program.

(3) Continue to reside in approved placement.

(4) Comply with youth's responsibilities in WAC 388-25-0546.

[]


NEW SECTION
WAC 388-25-0542   What are the legal rights of a dependent youth in extended foster care to travel out of state, buy a car or engage in other activities as an adult?   The youth is a "child" for the purposes of the dependency and must comply with responsibilities in WAC 388-25-0546, otherwise the youth has the legal status and legal rights of an adult. The youth is responsible for their actions, including responsibility for purchases, driving, traveling or financial obligations related to the activities they participate in.

[]


NEW SECTION
WAC 388-25-0544   What are the youth's rights in the extended foster care program?   Youth have a right to:

(1) An approved foster care placement.

(2) Foster care services including medical assistance through medicaid.

(3) Participate in the court process as a party to the case.

(4) Have an attorney appointed for them in dependency proceedings.

(5) End their participation in the program at any time.

(6) Referrals to community resources as appropriate.

[]


NEW SECTION
WAC 388-25-0546   What must the youth do to remain in the extended foster care program?   Unless otherwise authorized by court order the youth must:

(1) Agree to participate in the program as expressed in the written extended foster care agreement;

(2) Maintain standard of eligibility as set by the youth's academic program;

(3) Participate in the case plan, including monthly health and safety visits;

(4) Acknowledge that children's administration (CA) has responsibility for the youth's care and placement by authorizing CA to have access to records related to court-ordered medical, mental health, drug/alcohol treatment services, educational records needed to determine continuing eligibility for the program, and for additional necessary services; and

(5) Remain in the approved foster care placement and follow placement rules. This means the youth will:

(a) Stay in placement identified by CA or approved by the court;

(b) Obtain approval from case worker and notify caregiver for extended absence from the placement of more than three days; and

(c) Comply with court orders and any specific rules developed in collaboration by the youth, caregiver and social worker.

[]


NEW SECTION
WAC 388-25-0548   When is a youth no longer eligible for the extended foster care program?   A youth is no longer eligible for the extended foster care program and department will ask the court to dismiss the dependency when the youth:

(1) Graduates from high school or equivalency program, and has not enrolled in, or applied for and demonstrated an intent to timely enroll in a post secondary academic or vocational program;

(2) Graduates from a post secondary education or vocational program;

(3) Reaches their twenty-first birthday;

(4) Is no longer participating or enrolled in high school, equivalency program, post secondary or vocational program;

(5) No longer agrees to participate in foster care services;

(6) Fails or refuses to comply with youth responsibilities outlined in WAC 388-25-0546; or

(7) Is incarcerated in an adult detention facility on a criminal conviction.

[]


AMENDATORY SECTION(Amending WSR 06-22-030, filed 10/25/06, effective 11/25/06)

WAC 388-148-0010   What definitions do I need to know to understand this chapter?   The following definitions are for the purpose of this chapter and are important to understand these rules:

"Abuse or neglect" means the injury, sexual abuse, sexual exploitation, negligent treatment or mistreatment of a child where the child's health, welfare and safety are harmed.

"Agency" is defined in RCW 74.15.020(1).

"Assessment" means the appraisal or evaluation of a child's physical, mental, social and/or emotional condition.

"Capacity" means the maximum number of children that a home or facility is licensed to care for at a given time.

"Care provider" means any licensed or certified person or organization or staff member of a licensed organization that provides twenty-four-hour care for children.

"Case manager" means the private agency employee who coordinates the planning efforts of all the persons working on behalf of a child. Case managers are responsible for implementing the child's case plan, assisting in achieving those goals, and assisting with day-to-day problem solving.

"Certification" means:

(1) Department approval of a person, home, or facility that does not legally need to be licensed, but wishes to have evidence that it meets the minimum licensing requirements; or

(2) Department licensing of a child-placing agency to certify that a foster home meets licensing requirements.

"Children" or "youth," for this chapter, means individuals who are:

(1) Under eighteen years old, including expectant mothers under eighteen years old; or

(2) Up to twenty-one years of age and pursuing a high school, equivalent course of study (GED), or vocational program or post secondary academic or post secondary vocational program;

(3) Up to twenty-one years of age with developmental disabilities; or

(4) Up to twenty-one years of age if under the custody of the Washington state juvenile rehabilitation administration.

"Child-placing agency" means an agency licensed to place children for temporary care, continued care or adoption.

"Crisis residential center (CRC)" means an agency under contract with DSHS that provides temporary, protective care to children in a foster home, regular (semi-secure) or secure group setting.

"Compliance agreement" means a written licensing improvement plan to address deficiencies in specific skills, abilities or other issues of a fully licensed home or facility in order to maintain and/or increase the safety and well-being of children in their care.

"DCFS" means the division of children and family services.

"DDD" means division of developmental disabilities.

"Department" means the department of social and health services (DSHS).

"Developmental disability" is a disability as defined in RCW 71A.10.020.

"DLR" means the division of licensed resources.

"Firearms" means guns or weapons, including but not limited to the following: BB guns, pellet guns, air rifles, stun guns, antique guns, bows and arrows, handguns, rifles, and shotguns.

"Foster-adopt" means placement of a child with a foster parent(s) who intends to adopt the child, if possible.

"Foster home or foster family home" means person(s) licensed to regularly provide care on a twenty-four-hour basis to one or more children in the person's home.

"Full licensure" means an entity meets the requirements established by the state for licensing or approved as meeting state minimum licensing requirements.

"Group care facility for children" means a location maintained and operated for a group of children on a twenty-four-hour basis.

"Group receiving center" or "GRC" means a facility providing the basic needs of food, shelter, and supervision for more than six children placed by the department, generally for thirty or fewer days. A group receiving center is considered a group care program and must comply with the group care facility licensing requirements.

"Hearing" means the administrative review process.

"I" refers to anyone who operates or owns a foster home, staffed residential home, and group facilities, including group homes, child-placing agencies, maternity homes, day treatment centers, and crisis residential centers.

"Infant" means a child under one year of age.

"License" means a permit issued by the department affirming that a home or facility meets the minimum licensing requirements.

"Licensor" means:

(1) A division of licensed resources (DLR) employee at DSHS who:

(a) Approves licenses or certifications for foster homes, group facilities, and child-placing agencies; and

(b) Monitors homes and facilities to ensure that they continue to meet minimum health and safety requirements.

(2) An employee of a child-placing agency who:

(a) Attests that foster homes supervised by the child-placing agency meets licensing requirements; and

(b) Monitors those foster homes to ensure they continue to meet the minimum licensing standards.

"Maternity service" as defined in RCW 74.15.020.

"Medically fragile" means the condition of a child who has a chronic illness or severe medical disabilities requiring regular nursing visits, extraordinary medical monitoring, or on-going (other than routine) physician's care.

"Missing child" means:

(1) Any child up to eighteen years of age for whom Children's Administration (CA) has custody and control (not including children in dependency guardianship) and:

(a) The child's whereabouts are unknown; and/or

(b) The child has left care without the permission of the child's caregiver or CA.

(2) Children who are missing are categorized under one of the following definitions:

(a) "Taken from placement" means that a child's whereabouts are unknown, and it is believed that the child is being or has been concealed, detained or removed by another person from a court-ordered placement and the removal, concealment or detainment is in violation of the court order;

(b) "Absence not authorized, whereabouts unknown" means the child is not believed to have been taken from placement, did not have permission to leave the placement, and there has been no contact with the child and the whereabouts of the child is unknown; or

(c) "Absence not authorized, whereabouts known" means that a child has left his or her placement without permission and the social worker has some contact with the child or may periodically have information as to the whereabouts of the child.

"Multidisciplinary teams (MDT)" means groups formed to assist children who are considered at-risk youth or children in need of services, and their parents.

"Nonambulatory" means not able to walk or traverse a normal path to safety without the physical assistance of another individual.

"Out-of-home placement" means a child's placement in a home or facility other than the child's parent, guardian, or legal custodian.

"Premises" means a facility's buildings and adjoining grounds that are managed by a person or agency in charge.

"Probationary license" means a license issued as part of a disciplinary action to an individual or agency that has previously been issued a full license but is out of compliance with minimum licensing requirements and has entered into an agreement aimed at correcting deficiencies to minimum licensing requirements.

"Psychotropic medication" means a type of medicine that is prescribed to affect or alter thought processes, mood, sleep, or behavior. These include anti-psychotic, antidepressants and anti-anxiety medications.

"Relative" means a person who is related to the child as defined in RCW 74.15.020 (4)(a)(i), (ii), (iii), and (iv) only.

"Respite" means brief, temporary relief care provided to a child and his or her parents, legal guardians, or foster parents with the respite provider fulfilling some or all of the functions of the care-taking responsibilities of the parent, legal guardian, or foster parent.

"Secure facilities" means a crisis residential center that has locking doors and windows, or secured perimeters intended to prevent children from leaving without permission.

"Service plan" means a description of the services to be provided or performed and who has responsibility to provide or perform the activities for a child or child's family.

"Severe developmental disabilities" means significant disabling, physical and/or mental condition(s) that cause a child to need external support for self-direction, self-support and social participation.

"Social service staff" means a clinician, program manager, case manager, consultant, or other staff person who is an employee of the agency or hired to develop and implement the child's individual service and treatment plans.

"Staffed residential home" means a licensed home providing twenty-four-hour care for six or fewer children or expectant mothers. The home may employ staff to care for children or expectant mothers. It may or may not be a family residence.

"Standard precautions" is a term relating to procedures designed to prevent transmission of bloodborne pathogens in health care and other settings. Under standard precautions, blood or other potentially infectious materials of all people should always be considered potentially infectious for HIV and other pathogens. Individuals should take appropriate precautions using personal protective equipment like gloves to prevent contact with blood or other bodily fluids.

"Washington state patrol fire protection bureau" or "WSP/FPB" means the state fire marshal.

"We" or "our" refers to the department of social and health services, including DLR licensors and DCFS social workers.

"You" refers to anyone who operates a foster home, staffed residential home, and group facilities, including group homes, maternity programs, day treatment programs, crisis residential centers, group receiving centers, and child-placing agencies.

[Statutory Authority: RCW 74.15.030, 74.08.090, and chapters 74.13 and 74.15 RCW. 06-22-030, 388-148-0010, filed 10/25/06, effective 11/25/06. Statutory Authority: RCW 74.15.030 and chapter 74.15 RCW. 04-08-073, 388-148-0010, filed 4/5/04, effective 5/6/04. Statutory Authority: RCW 74.15.030. 01-18-037, 388-148-0010, filed 8/28/01, effective 9/28/01.]