WSR 18-07-043
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Children's Administration)
[Filed March 13, 2018, 3:50 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-03-173.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-27-0090 What information must the department or child placing agency provide to prospective adoptive parents about the child that is being considered for adoption?
Hearing Location(s): On April 24, 2018, 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 April 25, 2018.
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., April 24, 2018.
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.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule is being amended to clarify the documents needed to comply with RCW 26.33.350 and 26.33.380. These amendments also eliminate the duplication of information in regards to court report documents.
Reasons Supporting Proposal: See purpose statement above.
Statutory Authority for Adoption: RCW 74.13.031.
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: Debbie Marker, P.O. Box 45710, Olympia, WA 98504, 360-902-7968.
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 the WAC are consistent with state requirements. 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.
March 12, 2018
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 01-08-047, filed 3/30/01, effective 4/30/01)
WAC 388-27-0090 What information must the department or child placing agency provide to prospective adoptive parents about the child that is being considered for adoption?
(1) The department or the child placing agency must provide a medical report containing all known and available information concerning the mental, physical, and sensory handicaps of an adopted child, or a child placed for adoption, to the adoptive or prospective adoptive parents under the authority of RCW 26.33.020, 26.33.340, 26.33.343 and 26.33.350.
(2) The department or the child placing agency worker must provide the child's medical and family background report, DSHS 13-041(X), to the prospective adoptive parents. This report must include documentation of efforts made to obtain medical and social information on the child and birth parents.
(3) The department must provide a social history report on the child and birth family that includes, at a minimum in accordance with RCW 26.33.380:
(a) Circumstances of the child's birth including all child medical records known and available to the department;
(b) All case notes from the child's file to provide a chronological report of how the child came to be available for adoption;
(c) The child's placement and legal history;
(d) ((All)) The dependency fact finding court report and the latest court reports pertaining to the dependency and custody of the child at time of pre-adoption disclosure;
(e) The child's education history, including school reports and records known and available to the department; and
(f) The child's psychological and psychiatric reports and recommendations known and available to the department.