WSR 16-10-057

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Children's Administration)

[Filed May 2, 2016, 9:43 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 16-06-111.

Title of Rule and Other Identifying Information: The department is proposing to amend sections in chapter 388-25 WAC related to extended foster care.

Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), on June 7, 2016, at 10:00 a.m.

Date of Intended Adoption: Not earlier than June 8, 2016.

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., June 7, 2016.

Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by May 24, 2016, phone (360) 664-6092, TTY (360) 664-6178, or e-mail KildaJA@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In March 2015, fostering connections legislation added a fifth eligibility criterion to the extended foster care WAC allowing youth to be employed eighty hours or more per month. The following WAC are being amended to align with federal legislation: WAC 388-25-0110 What is the effective date for termination of foster care payments?, 388-25-0502 What is the purpose of the extended foster care program?, 388-25-0504 What is extended foster care?, 388-25-0506 Who is eligible for extended foster care?, 388-25-0540 How does CA determine a youth's continuing eligibility for the extended foster care program?, 388-25-0546 What must the youth do to remain in the extended foster care program?, and 388-25-0548 When is a youth no longer eligible for the extended foster care program?

The following WAC are being created to address the fifth eligibility criterion regarding a documented medical condition: WAC 388-25-0517 What is considered a medical condition? and 388-25-0519 How does a youth demonstrate he or she is unable to participate in extended foster care activities due to a documented medical condition?

Reasons Supporting Proposal: Refer to Purpose above.

Statutory Authority for Adoption: RCW 13.34.145, 13.34.267, 74.13.020, 74.13.031, 43.88C.010, 74.13.107, 43.131.416, 13.34.030.

Rule is necessary because of federal law, Fostering Connections to Success and Increasing Adoptions Act.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Mireya Beltre, DSHS Headquarters, 1115 Washington, Olympia, WA 98504, (360) 902-7871.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are exempt from preparing a small business economic impact statement under RCW 19.85.025(3) and 34.05.310(4).

A cost-benefit analysis is not required under RCW 34.05.328. The proposed rules are exempt under RCW 34.05.328 (5)(b)(iii) and adopt or incorporate by reference without material change federal statutes or regulations.

April 28, 2016

Katherine I. Vasquez

Rules Coordinator

AMENDATORY SECTION (Amending WSR 14-13-051, filed 6/12/14, effective 7/13/14)

WAC 388-25-0110 What is the effective date for termination of foster care payments?

(1) The department ends payment on the day before the child actually leaves the foster home or facility. The department does not pay for the last day that a child is in a foster care home or facility.

(2) The department terminates family foster care payments for children in family foster care effective the date:

(a) The child no longer needs foster care; ((or))

(b) The child no longer resides in foster care;

(d) The child is no longer eligible for the extended foster care program and the dependency action is dismissed or voluntary placement agreement (VPA) is revoked. To be eligible for the extended foster care program a child, age eighteen must be:

(i) Completing a high school diploma or high school equivalency certificate;

(ii) Completing a post-secondary academic or vocational program; ((or))

(iii) Participating in a program or activity designed to promote employment or remove barriers to employment((.));

(iv) Employed for eighty hours or more per month; or

(v) Unable to engage in subsections (2)(d)(i) through (2)(d)(iv) of this section due to a documented medical condition.

(3) The department must terminate foster care payments for children in the behavior rehabilitative services program effective the date:

(a) The child no longer needs rehabilitative services; ((or))

(b) The child is no longer served through contracted rehabilitative services program except as provided in WAC 388-25-0030; or

(c) The child reaches the age of eighteen and continues to attend, but has not finished, high school or an equivalent educational program and has a need for continued rehabilitative treatment services, the department may continue payments until the date the youth completes the high school program or equivalent educational or vocational program. The department must not extend payments for a youth in care beyond age twenty.

AMENDATORY SECTION (Amending WSR 16-06-044, filed 2/24/16, effective 3/26/16)

WAC 388-25-0502 What is the purpose of the extended foster care program?

The extended foster care program provides an opportunity for young adults in foster care at age eighteen to voluntarily agree to continue receiving foster care services, including placement services, while the youth:

(1) Completes a high school or a high school equivalency program;

(2) Completes a secondary or post-secondary academic or vocational program; ((or))

(3) Participates in a program or activity designed to promote employment or remove barriers to employment; ((or))

(4) Is engaged in employment for eighty hours or more per month((.)); or

(5) Is unable to engage in subsections (1) through (4) of this section due to a documented medical condition.

AMENDATORY SECTION (Amending WSR 16-06-044, filed 2/24/16, effective 3/26/16)

WAC 388-25-0504 What is extended foster care?

Extended foster care is a program offered to young adults, age eighteen ((up)) to twenty-one, who turn eighteen while in foster care, to enable them to:

(1) Complete a high school diploma or high school equivalency certificate;

(2) Complete a post-secondary academic or vocational program;

(3) Participate in a program or activity designed to promote employment or remove barriers to employment; ((or))

(4) Be employed for eighty hours or more per month((.)); or

(5) Participate in the program if unable to engage in subsections (1) through (4) of this section due to a documented medical condition.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending WSR 16-06-044, filed 2/24/16, effective 3/26/16)

WAC 388-25-0506 Who is eligible for extended foster care?

(1) To be eligible for the extended foster care program, a youth, on his or her eighteenth birthday((,)) must((:

(1))) be dependent under chapter 13.34 RCW, ((be)) placed in foster care ((())as defined in WAC 388-25-0508(())) by ((children's administration)) CA, and:

(a) ((Be)) Enrolled ((())as described in WAC 388-25-0512(())) in a high school or high school equivalency program; ((or))

(b) ((Be)) Enrolled ((())as described in WAC 388-25-0512(())) in a post-secondary academic or vocational education program; ((or))

(c) ((Have)) Applied for and can demonstrate intent to timely enroll in a post-secondary academic or vocational education program (as described in WAC 388-25-0514); or

(d) ((Be)) Participating in a program or activity designed to promote employment or remove barriers to employment; ((or))

(e) ((Be)) Engaged in employment for eighty hours or more per month((.)); or

(f) Unable to engage in subsection (1)(a) through (e) of this section due a documented medical condition.

(2) Have had their dependency dismissed on their eighteenth birthday as the youth did not meet any of the criteria found in subsections (1)(a) through (((e))) (f) of this section, or did not agree to participate in the program and the youth is requesting to participate in the extended foster care program prior to reaching the age of nineteen. Youth must meet one of the criteria in subsections (1)(a) through (((e))) (f) when requesting to participate in the extended foster care program.

NEW SECTION

WAC 388-25-0517 What is a "documented medical condition"?

A "documented medical condition" is any physical or mental health condition documented by a licensed health care provider that may be temporary or permanent, including but not limited to, a physical injury or a physical or behavioral health condition. A "documented medical condition" may include physiological, mental, or psychological conditions or disorders, including but not limited to, orthopedic, visual, speech, and hearing impairments.

NEW SECTION

WAC 388-25-0519 How does a youth demonstrate he or she is unable to participate in extended foster care activities due to a documented medical condition?

(1) To demonstrate he or she is unable to participate in extended foster care activities due to a documented medical condition defined in WAC 388-25-0517, a youth must notify the social worker of the medical condition and provide CA written documentation or consent to CA to obtain documentation from a licensed health care provider. The documentation of the medical condition must describe how the medical condition prevents the youth, either temporarily or permanently, from:

(a) Completing a high school diploma or high school equivalency certificate;

(b) Completing a post-secondary academic or vocational program;

(d) Being employed for eighty hours or more per month.

(2) If the youth's medical condition prevents him or her from notifying the social worker or obtaining or providing documentation of the medical condition, the youth must notify the social worker as soon as he or she is reasonably able.

(3) If the youth's medical condition temporarily prevents him or her from engaging in extended foster care activities, the youth will provide the social worker with updated documentation from the licensed health care provider regarding the youth's ability to engage in extended foster care activities during the monthly health and safety visit.

(4) The youth may give CA consent to contact the licensed health care provider directly to determine the impact of the youth's documented medical condition or his or her ability to engage in extended foster care activities.

AMENDATORY SECTION (Amending WSR 16-06-044, filed 2/24/16, effective 3/26/16)

WAC 388-25-0540 How does CA determine a youth's continuing eligibility for the extended foster care program?

((At least every six months, children's administration)) To determine a youth's continuing eligibility for the extended foster care program, prior to every court review hearing CA will determine if the youth continues to:

(1) Agree to participate in the extended foster care program((.));

(2) ((Be enrolled in an education program, vocational program, or participating in a program or activity designed to promote employment or remove barriers to employment, employed for eighty hours or more per month, or is transitioning from one status to another.)) Meet the eligibility criteria in WAC 388-25-0506 (1)(a) through (f);

(3) ((Continue to)) Reside in an approved placement((.)); and

(4) Comply with the youth's responsibilities in WAC 388-25-0546.

AMENDATORY SECTION (Amending WSR 16-06-044, filed 2/24/16, effective 3/26/16)

WAC 388-25-0546 What must the youth do to remain in the extended foster care program?

To remain in the extended foster care program, unless otherwise authorized by court order, the youth must:

(1) Agree to participate in the program as expressed in the written extended foster care agreement;

(2) Maintain the standard of eligibility as set by the youth's academic program, ((or)) employment related program, ((or)) employment status, or documented medical condition;

(3) Participate in the case plan, including monthly health and safety visits;

(4) Acknowledge that ((children's administration ())CA(())) has responsibility for the youth's care and placement by authorizing CA to have access to records related to court-ordered medical, mental health, drug/alcohol treatment services, additional necessary services, educational records needed to determine continuing eligibility for the program, ((and for additional necessary services)) medical records related to a documented medical condition for purposes of qualifying for extended foster care under WAC 388-25-0506 (1)(f); and

(5) Remain in the approved foster care placement and follow placement rules((. This means the youth will)) as follows:

(a) Stay in the placement identified by CA or approved by the court;

(b) Obtain approval from ((case)) his or her social worker and notify his or her caregiver for extended absences from the placement of more than three days; and

(c) Comply with court orders and any specific rules developed in collaboration by the youth, caregiver and social worker.

AMENDATORY SECTION (Amending WSR 16-06-044, filed 2/24/16, effective 3/26/16)

WAC 388-25-0548 When is a youth no longer eligible for the extended foster care program?

A youth is no longer eligible for the extended foster care program and the department will ask the court to dismiss the non-minor dependency, when the youth:

(1) Graduates from high school or equivalency program((,)) and has not ((enrolled in, or applied for and)) demonstrated ((an)) intent to timely enroll in a post-secondary academic or vocational program;

(2) Graduates from a post-secondary education or vocational program;

(3) Reaches ((their)) his or her twenty-first birthday;

(4) Is no longer participating or ((enrolled in high school or equivalency program, post-secondary or vocational program, or in a program promoting employment or removing barriers to employment)) engaging in any of the eligibility criteria under WAC 388-25-0506 (1)(a) through (f);

(5) ((No longer employed for eighty hours or more per month;

(6))) No longer agrees to participate in extended foster care services;

(((7))) (6) Fails or refuses to comply with youth responsibilities outlined in WAC 388-25-0546; or

(((8))) (7) Is incarcerated ((in)) as an adult in a detention facility on a criminal conviction.