WSR 13-17-126
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Children's Administration)
[Filed August 21, 2013, 11:55 a.m., effective September 21, 2013]
Effective Date of Rule: Thirty-one days after filing.
Purpose: To change the time frames:
•
An alleged perpetrator of child abuse and/or neglect has to request CPS review a founded CPS finding of child abuse and neglect (from twenty days to thirty days) and;
•
By which the review is to be completed (from sixty days to thirty days).
The changes in these time frames will provide consistency with current RCW and children's administration policy.
Citation of Existing Rules Affected by this Order: Amending WAC 388-15-085(2) and 388-15-093(3).
Statutory Authority for Adoption: RCW 26.44.125 (2) and (4).
Adopted under notice filed as WSR 13-13-077 on June 19, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.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: August 14, 2013.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 02-15-098 and 02-17-045, filed 7/16/02 and 8/14/02, effective 2/10/03)
WAC 388-15-085 How does an alleged perpetrator challenge a founded CPS finding?
(1) In order to challenge a founded CPS finding, the alleged perpetrator must make a written request for CPS to review the founded CPS finding of child abuse or neglect. The CPS finding notice must provide the information regarding all steps necessary to request a review.
(2) The request must be provided to the same CPS office that sent the CPS finding notice within ((twenty)) thirty calendar days from the date the alleged perpetrator receives the CPS finding notice (RCW 26.44.125).
AMENDATORY SECTION (Amending WSR 02-15-098 and 02-17-045, filed 7/16/02 and 8/14/02, effective 2/10/03)
WAC 388-15-093 What happens after the alleged perpetrator requests CPS to review the founded CPS finding of child abuse or neglect?
(1) CPS management level staff or their designees who were not involved in the decision making process will review the founded CPS finding of child abuse or neglect. The management staff will consider the following information:
(a) CPS records;
(b) CPS summary reports; and
(c) Any written information the alleged perpetrator may have submitted regarding the founded CPS finding of abuse and/or neglect.
(2) Management staff may also meet with the CPS social worker and/or CPS supervisor to discuss the investigation/finding. After review of all this information, management staff decides if the founded CPS finding is correct or if it should be changed.
(3) Management staff must complete their review of the founded CPS finding within ((sixty)) thirty calendar days from the date CPS received the written request for review.