WSR 14-21-032 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Children's Administration) [Filed October 6, 2014, 11:50 a.m., effective October 10, 2014] Effective Date of Rule: October 10, 2014.
Purpose: The department is filing an extension to emergency rule WSR 14-13-050 which is expiring on October 10, 2014. The prudent parenting legislation, ESB [ESSB] 6479, allows foster children placed with caregivers in foster homes and facilities to participate in normal childhood activities based on a reasonable and prudent parent standard. The department will allow caregivers to approve in-state overnight travel for less than seventy-two hours (including travel to bordering counties in Idaho and Oregon) and a child's participation in routine activities, without permission from the social worker.
The division of licensed resources (DLR) filed a CR-102 for the permanent adoption of these rules with the DSHS rules and policy assistance unit on August 20, 2014. A public hearing will be held on October 21, 2014. Notices for the public hearing went out to foster parents, providers and interested stakeholders on September 16, 2014. Following the public hearing, these rules will be reviewed by the DSHS secretary. DLR anticipates an effective date prior to the end of 2014.
Citation of Existing Rules Affected by this Order: Amending WAC 388-148-0455 and 388-148-0550.
Statutory Authority for Adoption: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031.
Other Authority: ESB [ESSB] 6479.
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: Washington enacted a law providing caregivers authority to allow children placed in their care to participate in normal childhood activities based on a reasonable and prudent parent standard. The reasonable and prudent parent standard means the standard of care used by a caregiver in determining whether to allow a child in their care to participate in extracurricular, enrichment, and social activities, without social worker approval. This standard is characterized by careful and thoughtful parental decision making that is intended to maintain a child's health, safety, and best interest while encouraging the child's emotional and developmental growth.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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: September 29, 2014.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 04-08-073, filed 4/5/04, effective 5/6/04)
WAC 388-148-0455 Do I need permission to travel on an overnight trip or out-of-state with my foster child?
You do not need permission to travel in-state with a foster child for a period of time less than seventy-two hours. (Travel to bordering counties in Idaho and Oregon is also considered in-state travel.) Contact the child's ((social)) DCFS worker with the agency having legal custody of the child for written permission prior to ((overnight trips,)) out-of-state, or out-of-country travel, or in-state travel over seventy-two hours.
AMENDATORY SECTION (Amending WSR 01-18-037, filed 8/28/01, effective 9/28/01)
WAC 388-148-0550 May my foster children participate in routine activities without a licensed provider supervising the activity?
((Contact the child's social)) You do not need DCFS worker ((for prior)) approval for your foster child's participation in routine activities without a licensed provider supervising the activity, such as clubs, social outings with classmates or friends. You may approve normal childhood activities using a reasonable and prudent parenting standard. Overnight stays over seventy-two hours requires DCFS worker approval. Any activities requiring travel must comply with WAC 388-148-0455.
((Note: The social worker with the agency having legal custody of the child is the contact person.))
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