WSR 15-11-090

PREPROPOSAL STATEMENT OF INQUIRY

[Filed May 19, 2015, 8:31 a.m.]

Subject of Possible Rule Making: The department proposes to amend WAC 388-70-450 Adoptive planning for Indian children by department staff, 388-70-600 Local Indian child welfare advisory committee—Purpose, 388-70-610 Local Indian child welfare advisory committee—Membership, 388-70-615 Local Indian child welfare advisory committee—Subcommittees, 388-70-620 Local Indian child welfare advisory committee—Functions, 388-70-630 Local Indian child welfare advisory committee—Meetings, 388-70-091 Foster care planning for Indian children—Definitions, 388-70-093 Foster care for Indian children—Services, 388-70-095 Foster care for Indian children—Serious injury, death, abandonment, child abuse, neglect, incarceration, and other related rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 13.38 RCW, Washington State Indian Child Welfare Act (WSICWA), RCW 74.08.090.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is making changes to match requirements in chapter 13.38 RCW, WSICWA and the federal Indian Child Welfare Act, 25 U.S.C. Chapter 21, as well as to reflect changes in children's administration policy. Currently, the WAC definition of Indian child as well as the application of the local Indian child welfare advisory committee processes in the WAC is contrary to state and federal law. Updates to each of these sections will harmonize the WAC with state and federal law.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Juliette Knight, Indian Child Welfare Program Manager, P.O. Box 45042, Olympia, WA 98504, phone (360) 902-7578, fax (360) 902-7848, e-mail juliette.knight@dshs.wa.gov.

May 19, 2015

Katherine I. Vasquez

Rules Coordinator