WSR 15-01-099 PERMANENT RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Children's Administration) [Filed December 17, 2014, 3:12 p.m., effective January 17, 2015] Effective Date of Rule: Thirty-one days after filing.
Purpose: 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.
WAC 388-15-069 is being revised to ensure reasonable efforts are being made to notify the subject on the results of the investigation when the department is working with the subject and the finding letter comes back undeliverable.
Citation of Existing Rules Affected by this Order: Amending WAC 388-15-089 and 388-15-069.
Statutory Authority for Adoption: RCW 26.44.100.
Adopted under notice filed as WSR 14-17-126 on August 20, 2014.
Changes Other than Editing from Proposed to Adopted Version: In WSR 14-17-126, the rule language read:
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.
Based on feedback received, the language in WAC 388-15-069 has been changed to: "(2) When CA is actively working with the subject and the certified mail is returned, CA will attempt to personally serve the findings letter to the subject."
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.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: December 12, 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)) When CA is actively working with the subject and the certified mail is returned, CA will attempt to personally serve the findings letter to the subject.
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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