WSR 17-21-084 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Children's Administration) [Filed October 17, 2017, 2:10 p.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-15-053. Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-15-069 How does CPS notify the alleged perpetrator of the finding? Hearing Location(s): On November 21, 2017, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (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. Date of Intended Adoption: Not earlier than November 22, 2017. Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., November 21, 2017. Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by November 7, 2017. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 388-15-069 to align with recent changes in RCW 26.44.100 requiring the department to send unfounded finding letters to subjects via mail or email instead of certified mail, return receipt requested.
Other changes that are identified during this rule making may be incorporated to clarify language. Reasons Supporting Proposal: To align with recent changes in legislation. Statute Being Implemented: RCW 26.44.100. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: DSHS, governmental. Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Stephanie Frazier, P.O. Box 45710, Olympia, WA 98504, 360-902-7922.
A school district fiscal impact statement is not required under RCW 28A.305.135. 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 WAC are consistent with federal requirements and consistent with RCW 26.44.100. The rule content is dictated by statute. This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute. October 12, 2017 Katherine I. Vasquez Rules Coordinator
AMENDATORY SECTION (Amending WSR 15-16-041, filed 7/28/15, effective 8/28/15)
WAC 388-15-069 How does CPS notify the alleged perpetrator of the finding?
(1) CPS notifies the alleged perpetrator of the founded 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) CPS notifies the alleged perpetrator of the unfounded finding by sending the CPS finding notice via mail, to the last known address, or email. CPS must make a reasonable, good faith effort to determine the last known address or location of the alleged perpetrator.
(3) When CA is actively working with the alleged perpetrator and the certified mail sent pursuant to subsection (1) of this section is returned, CA will attempt to personally serve the CPS founded findings letter to the alleged perpetrator.
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