WSR 14-17-126 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES [Filed August 20, 2014, 10:10 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-14-119.
Title of Rule and Other Identifying Information: WAC 388-15-089 What happens if the alleged perpetrator does not request CPS to review the founded CPS finding within thirty days? and 388-15-069 How does CPS notify the alleged perpetrator of the finding?
Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on September 23, 2014, at 10:00 a.m.
Date of Intended Adoption: Not earlier than September 24, 2014.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m. on September 23, 2014.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by September 9, 2014, TTY (360) 664-6178 or (360) 664-6092 or by e-mail Kildaja@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In WAC 388-15-089, children's administration (CA) needs to replace "twenty days" with "thirty days" to accurately reflect the new thirty day appeal deadline for CAPTA internal review requests. This change will better align with the federal requirements. WAC 388-15-085 and 388-15-093 were already changed to reflect the correct timeframe.
In WAC 388-15-069, CA needs to remove the language stated in subsection (2) "In cases where certified mailing may not be either possible or advisable, the CPS social worker may personally deliver or have served the CPS finding notice to the alleged perpetrator.["] This is being deleted as it is not required per RCW 26.44.100.
Reasons Supporting Proposal: See above.
Statutory Authority for Adoption: RCW 26.44.100.
Statute Being Implemented: P.L. 111-320; the CAPTA Reauthorization Act of 2010.
Rule is necessary because of federal law, P.L. 111-320; the CAPTA Reauthorization Act of 2010.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Keli Drake, DSHS Headquarters, 1115 Washington, Olympia, WA 98504, (360) 902-7871.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules are adopted without material change and ensure WACs are consistent with federal requirements and consistent with RCW 26.44.100.
A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required under RCW 34.05.328 (5)(b)(iii). Rules adopted by reference without material change to ensure the WACs are consistent with federal requirements and consistent with RCW 26.44.100. The rule content is dictated by statute.
August 14, 2014
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 388-15-069 How does CPS notify the alleged perpetrator of the finding?
(1) CPS notifies the alleged perpetrator of the finding by sending the CPS finding notice via certified mail, return receipt requested, to the last known address. CPS must make a reasonable, good faith effort to determine the last known address or location of the alleged perpetrator.
(((2) In cases where certified mailing may not be either possible or advisable, the CPS social worker may personally deliver or have served the CPS finding notice to the alleged perpetrator.))
AMENDATORY SECTION (Amending WSR 02-15-098 and 02-17-045, filed 7/16/02 and 8/14/02, effective 2/10/03)
WAC 388-15-089 What happens if the alleged perpetrator does not request CPS to review the founded CPS finding within ((twenty)) thirty days?
(1) If the alleged perpetrator does not submit a written request within ((twenty)) thirty calendar days for CPS to review the founded CPS finding, no further review or challenge of the finding may occur.
(2) If the department has exercised reasonable, good faith efforts to provide notice of the CPS finding to the alleged perpetrator, the alleged perpetrator shall not have further opportunity to request a review of the finding beyond thirty days from the time the notice was sent.
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