WSR 19-16-042
PROPOSED RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed July 29, 2019, 3:04 p.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: Family reconciliation services (FRS) program, WAC 110-40-0020 Who may receive FRS services?, 110-40-0030 What FRS does the department provide?, 110-40-0101 What are home support services?, 110-40-0102 What are the eligibility criteria for HSS?, and 110-40-0103 What are home based services and under what circumstances may the department provide the services to the child's parent or relative caregiver?
Hearing Location(s): On September 10, 2019, at 1:00 p.m., at 1110 Jefferson Street S.E., St. Helens Conference Room, Olympia, WA.
Date of Intended Adoption: October 11, 2019.
Submit Written Comments to: The Department of Children, Youth, and Families (DCYF) Rules Coordinator, P.O. Box 40975, Olympia, WA 98504, email dcyf.rulescoordinator@dcyf.wa.gov, fax 360-902-7903, https://www.dcyf.wa.gov/practice/policy-laws-rules/rule-making/participate/online, by September 10, 2019.
Assistance for Persons with Disabilities: Contact DCYF rules coordinator, phone 360-902-7956, fax 360-902-7903, email dcyf.rulescoordinator@dcyf.wa.gov, by September 2, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: For the FRS program WAC are being amended to change the eligibility age of adolescents from ["]thirteen to seventeen years of age" to "twelve through seventeen years old" and repeal sections that pertain to home support services. Additionally, proposals include technical changes necessary following the decodification of chapter 388-32 WAC and its recodification to Title 110 WAC.
Reasons Supporting Proposal: The proposed rules benefit children and families in need of reconciliation services by giving program staff greater flexibility when determining which families are eligible to receive these services, which is expected to result in the program serving more children and families. The home support services rules are being repealed following the program's elimination.
Statutory Authority for Adoption: RCW 74.13.031.
Statute Being Implemented: RCW 74.13.031.
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, P.O. Box 45710, Olympia, WA 98504-5710, 36[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. The proposed rules relate only to internal governmental operations that are not subject to violation by a nongovernment party. RCW 34.05.328 (5)(b)(ii).
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.
July 29, 2019
Brenda Villarreal
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-40-0020Who may receive FRS services?
(1) ((CA))DCYF provides FRS to adolescents((, thirteen))twelve through seventeen years ((of age,))old and their families, in instances where ((the adolescent has))adolescents have runaway ((and/or is))or are otherwise in conflict with ((his/her family))their families. These populations are defined as follows:
"Families in conflict" means families in which personal or family situations present a serious and imminent threat to the health or stability of the child, which may include an at-risk youth, or family.
"Runaways" means youths who are absent from home for a period of time without parental permission. Services are to actual runaways and not to threatened runaways, unless the threatened runaways meet the definition of families in conflict.
(2) FRS is not provided for any of the following situations, unless the family is seeking an at-risk youth (ARY) or a child-in-need-of-services (CHINS) family assessment:
(a) ((The identified youth has not reached his/her thirteenth birthday, or the youth is eighteen years of age or older;
(b))) Chronic or long-term multiproblem situations requiring long-term interventions;
(((c)))(b) Custody and marital disputes unless the dispute creates a conflict between the child and parent with physical custody;
(((d)))(c) Families currently receiving counseling services related to the parent-child conflict/relationship from other agencies;
(((e)))(d) Child abuse and neglect cases, unless those cases meet the definition of family in conflict; or
(((f)))(e) Youth receiving foster care or group care services or follow up to those services.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-40-0030What FRS does the department provide?
The assigned ((social worker))caseworker provides family reconciliation services (FRS) to develop skills and supports within families to resolve family conflicts, achieve a reconciliation between parent and child, and to avoid out-of-home placement. The services may include, but are not limited to, referral to services for suicide prevention, psychiatric or other medical care, or psychological, financial, legal, educational, or other social services, as appropriate to the needs of the child and family. Typically FRS is completed within a thirty-day period. ((Children's administration (CA)))The department provides intake and assessment services (IAS).
(1) Youth and their families who call or self-present at a ((children's administration))DCYF central intake or local office requesting FRS must be provided assistance in contacting the appropriate ((children's administration's))DCYF intake services to make a formal request for FRS.
(2) The FRS ((social worker))caseworker must contact the family within twenty-four hours of ((their)) assignment to the case to schedule an appointment to begin the family interview and assessment.
(3) FRS is intended to defuse the immediate potential for violence, assess problems, and explore options leading to problem resolution.
(4) Families who require more intensive interventions than those provided by the FRS ((social worker))caseworker may be referred to a contracted provider for services. The family must make a commitment to participate in the contracted services.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 110-40-0101
What are home support services?
WAC 110-40-0102
What are the eligibility criteria for HSS?
WAC 110-40-0103
What are home based services and under what circumstances may the department provide the services to the child's parent or relative caregiver?