CHILDREN, YOUTH, AND FAMILIES

[Filed December 10, 2018, 10:26 a.m.]

Preproposal statement of inquiry was filed as WSR 18-21-050.

Title of Rule and Other Identifying Information: Amended WAC 110-90-0020 What is the purpose of the extended foster care program?, 110-90-0040 Who is eligible for tended foster care, 110-90-0110 How does a youth agree to participate in the extended foster care program?, and 110-90-0140 If an extended foster care participant loses his or her eligibility before he or she turns twenty-one, may he or she reapply for extended foster care?; and repealing WAC 110-90-0030 What is extended foster care?, 110-90-0041 When is a youth considered to be in "foster care"?, and 110-90-0042 When is a youth not "in foster care"?

Hearing Location(s): On January 24, 2019, at 1:00 p.m., at 1110 Jefferson Street S.E., St. Helens Conference Room, Olympia, WA.

Date of Intended Adoption: January 30, 2019.

Submit Written Comments to: Department of Children, Youth, and Families (DCYF), Rules Coordinator, P.O. Box 40975, email dcyf.rulescoordinator@dcyf.wa.gov, fax 360-902-7903, by January 24, 2019. Submit comments online at https://del.wa.gov/PolicyProposalComment/Detail.aspx.

Assistance for Persons with Disabilities: Contact DCYF rules coordinator, phone 360-902-7956, fax 360-902-7903, email dcyf.rulescoordinator@dcyf.wa.gov, by January 21, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes proposed under this filing align extended foster care rules with recent legislative changes to program eligibility requirements, repeal a duplicative section, and make technical changes necessary after the decodification of sections from Title 388 WAC and recodification to Title 110 WAC.

Reasons Supporting Proposal: The extended foster care program supports eligible young adults between the ages of eighteen and twenty-one in a successful transition to independence. Rule changes are necessary to comply with changes in state law.

Statutory Authority for Adoption: RCW 74.13.031.

Statute Being Implemented: RCW 13.34.267, 13.34.268, 74.13.031, and 74.13.336.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: DCYF, governmental.

Name of Agency Personnel Responsible for Drafting: Sherrie Flores, DCYF, Olympia, Washington, 360-902-8332; Implementation and Enforcement: DCYF, statewide.

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. DCYF is not among the agencies required to comply with RCW 34.05.328 (5)[(a)](i). Further, DCYF does not voluntarily make that section applicable to the adoption of this rule.

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 rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-90-0020What is the purpose of the extended foster care program?

The extended foster care program provides an opportunity for young adults ((in foster care))who are dependent 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;

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

(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 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-90-0040Who 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 be dependent under chapter 13.34 RCW((, placed in foster care as defined in WAC 388-25-0508 by CA,)) and:

(a) Enrolled in school as described in WAC ((388-25-0512))110-90-0050;

(b) Have applied for, or can demonstrate intent to timely enroll in a post-secondary academic or vocational education program as described in WAC ((388-25-0514))110-90-0060;

(c) Participating in a program or activity designed to promote employment or remove barriers to employment as described in WAC ((388-25-0515))110-90-0070;

(d) Engaged in employment for eighty hours or more per month;

(e) Unable to engage in subsection (1)(a) through (d) of this section due a documented medical condition as described in WAC ((388-25-0519))110-90-0100; or

(f) Did not enroll in the extended foster care program; and

(i) Had their dependency dismissed on their eighteenth birthday;

(ii) Is requesting to enroll in the extended foster care program through a voluntary placement agreement (VPA) prior to reaching the age of ((nineteen))twenty-one; and

(iii) Meets one of the criteria found in subsection (1)(a) through (e) of this section.

(2) A youth is not eligible to enroll in extended foster care while in the care and custody of juvenile rehabilitation, county detention, or in the department of corrections. Youth meeting EFC eligibility in subsection (1)(a) through (e) of this section may enroll when they are released from juvenile rehabilitation, county detention, or department of corrections custody.

(3) If the youth was in the extended foster care program but then unenrolled or lost their eligibility, the youth may reenroll in the extended foster care program through a VPA ((one time)) before the age of twenty-one. The youth must meet one of the criteria in subsection (1)(a) through (e) when requesting to reenroll in the extended foster care program.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-90-0110How does a youth agree to participate in the extended foster care program?

(1) An eligible dependent youth can agree to participate by:

(a) Signing an extended foster care agreement; or

(b) For developmentally disabled youth, remaining in the foster care placement and continuing in an appropriate educational program.

(2) An eligible nondependent youth who did not elect to participate in the program on their eighteenth birthday can agree to participate by:

(a) Signing a voluntary placement agreement (VPA) before reaching age ((nineteen))twenty-one; or

(b) Establishing a nonminor dependency before reaching age ((nineteen))twenty-one if the department denied entry into the program.

(3) An eligible ((nondependent))nonminor dependent youth requesting to reenter the program may agree to participate by signing a VPA prior to reaching age twenty-one ((as long as the youth has not previously entered into a VPA for extended foster care services)).

(4) In order to continue receiving extended foster care services after entering into a VPA with the department, the youth must agree to the entry of an order of dependency within one hundred eighty days of the date that the youth is placed in foster care pursuant to a VPA.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-90-0140If an extended foster care participant loses his or her eligibility before he or she turns twenty-one, may he or she reapply for extended foster care?

(((1))) Yes. If a youth was receiving extended foster care services and lost eligibility, he or she may reapply as long as the youth:

(((a)))(1) Has not turned twenty-one; and

(((b)))(2) Meets one of the conditions for eligibility in WAC ((388-25-0506))110-90-0040 (1)(a) through (e)((; and

(c) Has not entered into a prior voluntary placement agreement with the department for the purposes of participating in the extended foster care program.

(2) Youth may reenter the extended foster care program one time between the ages of eighteen to twenty-one)).

The following sections of the Washington Administrative Code are repealed:

What is extended foster care?

When is a youth considered to be "in foster care"?

When is a youth not "in foster care"?

WAC 110-90-0030	What is extended foster care?
WAC 110-90-0041	When is a youth considered to be "in foster care"?
WAC 110-90-0042	When is a youth not "in foster care"?