WSR 19-21-015
PROPOSED RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed October 4, 2019, 10:16 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: Child protective services: WAC 110-30-0010 What is the child protective services program?, 110-30-0020 What definitions apply to these rules?, 110-30-0080 What special requirements must CPS follow for Indian children?, 110-30-0100 When will CPS involve local community resources?, 110-30-0160 What limitations does the department have on the disclosure of case information?, 110-30-0170 What is the purpose of these rules?, 110-30-0210 What happens to unfounded CPS findings?, 110-30-0250 What happens after the alleged perpetrator requests CPS to review the founded CPS finding of child abuse or neglect?, 110-30-0280 What happens if CPS management staff does not change the founded CPS finding?, 110-30-0290 What laws and rules will control the administrative hearings held regarding the founded CPS findings?, 110-30-0360 What if the appellant or the department disagrees with the decision?, 110-30-0390 Services to individuals released from mental hospitals or in danger of requiring commitment to such institutions, and 110-30-0380 Family planning.
Adoption support: WAC 110-80-0030 What definitions apply to the adoption support program?, 110-80-0040 What are the eligibility criteria for the adoption support program?, 110-80-0100 What requirements apply to an application for ongoing adoption support?, 110-80-0210 What benefits are available to adoptive parents through the adoption support program?, 110-80-0250 If the adoptive parent requests residential placement services for their adopted child, what department requirements apply?, 110-80-0400 Does an adoptive parent have the right to appeal department decisions regarding adoption support issues?, and 110-80-0420 Will the department reimburse an adoptive parent for nonrecurring adoption expenses?
Indian child welfare service: WAC 110-110-0010 Foster care planning for Indian children—Definitions, 110-110-0030 Foster care for Indian children—Services, 110-110-0050 Adoptive planning for Indian children by department staff, 110-110-0060 Local Indian child welfare advisory committee—Purpose, 110-110-0070 Local Indian child welfare advisory committee—Membership, 110-110-0080 Local Indian child welfare advisory committee—Functions, 110-110-0090 Local Indian child welfare advisory committee—Meetings, and 110-110-0100 Local Indian child welfare advisory committee—Confidentiality.
Standards for health and safety reviews of the Washington State School for the Deaf: WAC 110-150-0020 What are the definitions for this chapter?, 110-150-0070 What health and safety standards and written policies will the monitors be looking for when conducting their health and safety reviews of the school?, 110-150-0080 What specific areas must be included in the comprehensive health and safety review?, and 110-150-0140 What are the physical environment safety requirements for the residential facilities?
Hearing Location(s): On December 3, 2019, at 1:30 p.m., at Conference Room 3, Office Building 2, Service Level, 1115 Washington Street S.E., Olympia, WA.
Date of Intended Adoption: December 5, 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, submit comments online at https:dcyf.wa.gov/PolicyProposalComment/Detail.aspx, by December 5, 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 November 27, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Make technical corrections necessary following the decodification of Title 170 WAC and certain chapters of Title 388 WAC and their recodification to Title 110 WAC and repeal WAC 110-30-0380 (family planning). Changes include updated embedded RCW and WAC citations, agency name, and position titles.
Reasons Supporting Proposal: Effective July 1, 2018, DCYF assumed the programs and functions of the former department of social and health services children's administration and the department of early learning. The proposed amendments make necessary technical corrections to the rules transferred to DCYF. WAC 110-30-0380 is being repealed because the family planning services previously administered by children's administration are now offered through the apple health program administered by the state's health care authority.
Statutory Authority for Adoption: Chapter 6, Laws of 2017.
Statute Being Implemented: RCW 34.34.267, 74.15.030; and chapters 13.38, 74.13, and 43.216 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DCYF, governmental.
Name of Agency Personnel Responsible for Drafting: Lori Anderson, 1110 Jefferson Street S.E., Olympia, WA 98504, 360-725-4670; 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 are exempt from a cost-benefit analysis by RCW 34.05.328 (5)(b)(iv).
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 only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
October 4, 2019
Brenda Villarreal
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-30-0010What is the child protective services program?
(1) Child protective services (CPS) means those services provided by the department of ((social and health services))children, youth, and families designed to protect children from child abuse and neglect and safeguard such children from future abuse and neglect, and conduct investigations of child abuse and neglect reports (RCW 26.44.020 (12) and (((16)))(17)).
(2) CPS may include the following:
(a) Investigation of reports of alleged child abuse or neglect.
(b) Assessment of risk of abuse or neglect to children.
(c) Provision of and/or referral to services to remedy conditions that endanger the health, safety, and welfare of children.
(d) Referral to law enforcement when there are allegations that a crime against a child (RCW 26.44.030(4) and 74.13.031(3)) might have been committed.
(e) ((Out of home))Out-of-home placement and petitions to courts when necessary to ensure the safety of children.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-30-0020What definitions apply to these rules?
The following definitions apply to this chapter.
"Abuse or neglect" means the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child as defined in RCW 26.44.020 and this chapter.
"Administrative hearing" means a hearing held before an administrative law judge and conducted according to chapter 34.05 RCW and chapter ((388-02))110-03 WAC.
"Administrative law judge (ALJ)" is an impartial decision-maker who presides at an administrative hearing. The office of administrative hearings, which is a state agency but not part of ((DSHS))DCYF, employs the ALJs.
"Alleged perpetrator" means the person identified in a CPS referral as being responsible for the alleged child abuse or neglect.
"Alternative response system" means a contracted provider in a local community that responds to accepted CPS referrals that are rated low or moderately low risk at the time of intake.
"Appellant" means a person who requests an administrative hearing to appeal a CPS finding.
"Child protection team (CPT)" means a multidisciplinary group of persons with at least four persons from professions that provide services to abused or neglected children and/or parents of such children. The CPT provides confidential case staffing and consultation to ((children's administration))child welfare cases.
"Child protective services (CPS)" means the section of the ((children's administration responsible))department of children, youth, and families for responding to allegations of child abuse or neglect.
(("Children's administration (CA)" means the cluster of programs within DSHS that is responsible for the provision of child protective, child welfare, foster care licensing, group care licensing, and other services to children and their families.))
"Child welfare programs (CWP)" means the division in DCYF that provides child protective, child welfare, and support services to children and their families.
"Department" or (("DSHS"))"DCYF" means the Washington state department of ((social and health services))children, youth, and families.
(("Department of early learning (DEL)" means the Washington state agency responsible for licensing child care homes and child care facilities.
"Division of children and family services (DCFS)" means the division of children's administration that provides child protective, child welfare, and support services to children and their families.
"Division of licensed resources (DLR)" means the division of children's administration responsible for licensing group care and foster care facilities, and responding to allegations of abuse or neglect in such facilities.))
"Finding" means the final decision made by a CPS ((social worker))caseworker after an investigation regarding alleged child abuse or neglect.
"Founded" means the determination following an investigation by CPS that based on available information it is more likely than not that child abuse or neglect did occur.
"Inconclusive" means the determination following an investigation by CPS, prior to October 1, 2008, that based on available information a decision cannot be made that more likely than not, child abuse or neglect did or did not occur. Beginning October 1, 2008, the department ((will)) no longer makes inconclusive findings, but ((shall)) retains such findings made prior to that date as provided in these rules.
"Licensing division (LD)" means the division in DCYF responsible for licensing group care and foster care facilities, and responding to allegations of abuse or neglect in such facilities.
"Mandated reporter" means a person required to report alleged child abuse or neglect as defined in RCW 26.44.030.
"Preponderance of evidence" means the evidence presented in a hearing indicates more likely than not child abuse or neglect did occur.
"Screened-out report" means a report of alleged child abuse or neglect that the department had determined does not rise to the level of credible report of abuse or neglect and is not referred for investigation.
"Unfounded" means the determination following an investigation by CPS that based on available information it is more likely than not that child abuse or neglect did not occur or there is insufficient evidence for the department to determine whether the alleged child abuse did or did not occur.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-30-0080What special requirements must CPS follow for Indian children?
(1) These special requirements apply to children defined as Indians in WAC ((388-70-091))110-110-0010.
(2) The ((DCFS social worker shall))caseworker must document in case records efforts to keep Indian families together and to avoid separating the Indian child from ((his))the child's parents, relatives, tribe or cultural heritage as per RCW 26.44.010 and WAC ((388-70-093))110-110-0010.
(3) In alleged child abuse and neglect situations, the ((DCFS social worker shall))caseworker must document in case records, efforts to utilize staff and services particularly capable of meeting the special needs of Indian children and their families, in consultation with the child's tribe ((and/or))or local Indian child welfare advisory committee per WAC ((388-70-600 through 388-70-640))110-110-0060 through 110-110-0100.
(4) The ((DCFS social worker shall))caseworker will promptly advise the tribal council and the local Indian child welfare advisory committee that a child affiliated with the tribe is the victim of substantiated child abuse or neglect. The provisions of RCW 26.44.070, WAC ((377-70-640))110-110-0100, limiting who has access to confidential information, ((shall))must be followed in all cases.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-30-0100When will CPS involve local community resources?
(1) CPS may use local community resources to respond to reports of abuse or neglect when the department's assessment of risk determines that a community response is in the best interest of the child and family.
(2) CPS may involve local community resources in the planning and provision of services to help remedy conditions that contribute to the abuse or neglect of children.
(3) CPS must have community based child protective teams (CPT) available for staffing and consultation regarding cases of child abuse or neglect. CPS must present cases for staffing with the CPT in accordance with executive order 95-04 and department procedures.
(4) There are special requirements for staffing Indian children cases with the local Indian child welfare advisory committee (WAC ((388-70-600))110-110-0060).
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-30-0160What limitations does the department have on the disclosure of case information?
Information obtained by CPS is confidential pursuant to federal and state law. The department may only disclose case record information as permitted by applicable statutes and the provisions of chapter ((388-01))110-01 WAC.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-30-0170What is the purpose of these rules?
The purpose of these rules is to describe:
(1) The procedures for notifying the alleged perpetrator of any findings made by a CPS ((social worker))caseworker in an investigation of suspected child abuse or neglect; and
(2) The process for challenging a founded CPS finding of child abuse or neglect (RCW 26.44.100 and 26.44.125).
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-30-0210What happens to unfounded CPS findings?
(1) Beginning October 1, 2008, the department will no longer make inconclusive findings, but ((shall))will retain and destroy such findings made prior to that date as provided in these rules.
(2) An unfounded, screened-out, or inconclusive allegation of child abuse or neglect may not be disclosed to a child placing agency, private adoption agency, or any other provider licensed under chapter 74.15 RCW.
(3) At the end of three years from the receipt of a screened-out report that alleged child abuse or neglect, the department must destroy its records relating to that report.
(4) At the end of six years from the date of the completion of an investigation of a report of child abuse or neglect, the department must destroy records relating to unfounded or inconclusive reports, unless a prior or subsequent founded report has been received regarding the child who is the subject of the report, a sibling or half-sibling of the child, or a parent, guardian, or legal custodian of the child, before records are destroyed.
(5) The department ((shall))must retain records relating to founded reports of child abuse and neglect as required by ((DSHS))DCYF records retention policies. If dependency is established under chapter 13.34 RCW as to a child who is subject of a report of child abuse or neglect, all records relating to the child or the child's parent, guardian, or legal custodian, including any screened-out, unfounded or inconclusive reports not destroyed prior to the establishment of dependency or received after dependency was established, ((shall))will be retained as required by ((DSHS))DCYF records retention policies regarding dependency records.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-30-0250What happens after the alleged perpetrator requests CPS to review the founded CPS finding of child abuse or neglect?
(1) CPS management level staff or their designees who were not involved in the decision making process will review the founded CPS finding of child abuse or neglect. The management staff will consider the following information:
(a) CPS records;
(b) CPS summary reports; and
(c) Any written information the alleged perpetrator may have submitted regarding the founded CPS finding of abuse ((and/or))or neglect.
(2) Management staff may also meet with the CPS ((social worker and/or))caseworker or CPS supervisor to discuss the ((investigation/finding))investigation finding. After review of all this information, management staff decides if the founded CPS finding is correct or if it should be changed.
(3) Management staff must complete their review of the founded CPS finding within thirty calendar days from the date CPS received the written request for review.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-30-0280What happens if CPS management ((staff)) does not change the founded CPS finding?
(1) If CPS management ((staff)) does not change the founded CPS finding, the alleged perpetrator has the right to further challenge that finding by requesting an administrative hearing.
(2) The request for a hearing must be in writing and sent to the office of administrative hearings. WAC ((388-02-0025))110-03-0070 lists the current address.
(3) The office of administrative hearings must receive the written request for a hearing within thirty days from the date that the person requesting the hearing receives the CPS management review decision.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-30-0290What laws and rules will control the administrative hearings held regarding the founded CPS findings?
Chapter 34.05 RCW, RCW 26.44.100 and 26.44.125, chapter ((388-02))110-03 WAC, and the provisions of this chapter govern any administrative hearing regarding a founded CPS finding. In the event of a conflict between the provisions of this chapter and chapter ((388-02))110-03 WAC, the provisions of this chapter must prevail.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-30-0360What if the appellant or the department disagrees with the decision?
If the appellant or the department disagrees with the ALJ's decision, either party may challenge this decision according to the procedures contained in chapter 34.05 RCW and chapter ((388-02))110-03 WAC.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-30-0390Services to individuals released from mental hospitals or in danger of requiring commitment to such institutions.
(1) These services are those services necessary to enable eligible individuals age 65 or over to remain in the community in lieu of care in a mental hospital, or upon release from a mental hospital, to return to and live in the community. Services may also be provided to recipients of AFDC who are being released from mental institutions.
(2) Necessary adult services ((shall))will be provided to beneficiaries of SSI, recipients of Title XIX, and other individuals whose income does not exceed the standard in WAC 388-15-020 who:
(a) Are released from a mental hospital((,)); or
(b) Need alternate care to continue to live in the community.
(3) Services provided to accomplish the objective to assist the recipient to maintain or be restored to the greatest possible degree of independent functioning and self help ((shall be))are any appropriate adult services described in WAC ((388-15-100 through 388-15-400))110-30-0270 through 110-30-0390.
(4) Services ((to be)) provided to accomplish this objective for recipients of AFDC age ((21))twenty-one or under being released from mental institutions ((shall be))are any appropriate family or children's service described in WAC ((388-15-100 through 388-15-400))110-30-0370 through 110-30-0390.
(5) See also chapter ((388-95))182-513 WAC.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 110-30-0380
Family planning.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-80-0030What definitions apply to the adoption support program?
The following definitions apply to this chapter:
"Adoption" means the granting of an adoption decree consistent with chapter 26.33 RCW.
"Adoption support agreement" means a written contract between the adoptive ((parent(s)))parents and the department that identifies the specific benefits available to the adoptive ((parent(s)))parents and other terms and conditions of the agreement.
"Adoption support cash payment" means negotiated monthly cash payments paid pursuant to an adoption support agreement between the adoptive ((parent(s)))parents and the department.
"Applicant" means a person or couple applying for adoption support on behalf of a child the person or couple plans to adopt.
"Child placing agency" means a private nonprofit agency licensed by the department under chapter 74.15 RCW to place children for adoption or foster care.
"Department" means the department of ((social and health services))children, youth, and families.
"Extenuating circumstances" means a finding by an administrative law judge or a review judge that one or more qualifying conditions or events occurred that erroneously prevented an otherwise eligible child from being placed on the adoption support program prior to adoption.
"Medical services" means services covered by ((medicaidand))medicaid and administered by the health care authority.
"Negotiation" means the process of working toward an agreement between the department and the adoptive parent on the terms of the adoption support agreement.
"Nonrecurring costs" means reasonable, necessary, and direct expenses related to the cost of finalizing the adoption of a special needs child.
"Placing agency" means the public or private nonprofit agency that has the legal authority to place the child for adoption.
"Program" means the department's adoption support program.
"Reconsideration" means the limited state-funded support that may be available to an eligible child whose adoption was finalized without a valid adoption support agreement in place.
"Resident state" (for purposes of the child's medicaid eligibility) means the state in which the child physically resides. In some cases this may be different from the state of the parent's legal residence.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-80-0040What are the eligibility criteria for the adoption support program?
For a child to be eligible for participation in the adoption support program, the child must:
(1) Be less than eighteen years old when the department and the adoptive parents sign the adoption support agreement and at the time the adoption is finalized;
(2) Be legally free for adoption or eligible for a customary adoption;
(3) Be placed with a family with an approved preplacement report or home study (see RCW 26.33.190);
(4) Be a child with "special needs" as defined in WAC ((388-27-0140))110-80-0050; and
(5) Meet at least one of the following criteria:
(a) Is residing in a foster home or child caring institution or was determined by the department to be eligible for and likely to be so placed (For a child to be considered "eligible for and likely to be placed in foster care" the department must have opened a case and determined that removal from the home was in the child's best interest); or
(b) Is eligible for federally funded adoption assistance as defined in Title IV-E of the Social Security Act, the C.F.R., and the U.S. DHHS guidelines for states to use in determining a child's eligibility for Title IV-E adoption assistance.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-80-0100What requirements apply to an application for ongoing adoption support?
(1) The application must include a copy of the child's medical and family background report signed by the adoptive parent(s) (((DSHS 13-041)))(DCYF 13-041). It must also include copies of department records or medical or therapist reports that document the child's physical, mental, developmental, cognitive, or emotional disability, or risk of any such disability.
(2) The applicant must include a copy of a preplacement report or home study completed by the department, an agency, or an individual approved by the court (see RCW 26.33.190(1)).
(3) If the applicant is requesting a monthly cash payment, the applicant and the department must mutually agree to the amount of the payment according to the requirements of WAC ((388-27-0220))110-80-0220.
(4) If the applicant is requesting reimbursement of nonrecurring costs, the applicant must include this request in the application. (See WAC ((388-27-0380 and 388-27-0385))110-80-0430 and 110-80-0440 for the type and amount of expenses the department may reimburse.)
(5) The applicant must furnish a copy of the applicant's most recently filed federal income tax return. If the applicant is not required to file a federal income tax return, the applicant must submit a financial statement with the applicant's adoption support application.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-80-0210What benefits are available to adoptive parents through the adoption support program?
The adoption support program provides:
(1) Reimbursement for nonrecurring adoption finalization costs;
(2) Monthly cash payments, as negotiated by the parties;
(3) Payment for counseling services as preauthorized which are not available from the state's medicaid mental health services (see WAC ((388-27-0255))110-80-0240 for conditions and terms); and
(4) Medical assistance through the department's medicaid program.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-80-0250If the adoptive parent requests residential placement services for their adopted child, what department requirements apply?
(1) The adoption support program is not able to pay for residential treatment placements of children who are not in department custody. See RCW 74.13.080 and WAC ((388-25-0025))110-60-0050.
(2) If the adoptive parent is in need of residential treatment services for a child, the department will make the following referrals:
(a) For treatment of a mental illness, the department will refer the family to the local mental health treatment provider;
(b) If the child has been diagnosed with a physical, mental, developmental, cognitive, or emotional disability, the department will refer the family to the developmental disabilities administration (DDA) to determine whether the child is eligible for services; or
(c) For reasons other than treatment of mental illness or developmental disabilities, the department will refer the adoptive parent to child welfare services at the local ((children's administration))department of children, youth, and families (DCYF) office.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-80-0400Does an adoptive parent have the right to appeal department decisions regarding adoption support issues?
(1) An adoptive parent has the right to an administrative hearing to contest the following department actions:
(a) Denial of a child's initial eligibility for the adoption support program or the adoption support reconsideration program;
(b) Failure to respond with reasonable promptness to a written application or request for services;
(c) Denial of a written request to modify the level of payment or service in the agreement;
(d) Delay of more than thirty days when responding to a written request for modification of the agreement;
(e) Denial of a request for nonrecurring adoption expenses;
(f) Suspension of adoption support benefits; or
(g) Termination from the program.
(2) To initiate the appeal, the adoptive parent must submit a request for an administrative hearing to the office of administrative hearings within ninety days of receipt of the department's decision to deny a request, to suspend or terminate adoption support, or failure to respond to a request.
(3) The office of administrative hearings must apply the rules in ((WAC 388-27-0120 through 388-27-0390))this chapter as they pertain to the issues being contested.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-80-0420Will the department reimburse an adoptive parent for nonrecurring adoption expenses?
The department has authority to agree to reimburse some or all of an adoptive parent's nonrecurring adoption expenses if:
(1) The child has a qualifying factor or condition identified in WAC ((388-27-0140(1)))110-80-0050(1);
(2) Washington state has determined that the child cannot or should not be returned to the home of the child's biological parent;
(3) Except where it would be against the best interest of the child, the department or a public or private nonprofit child placing agency has made a reasonable but unsuccessful effort to place the child with appropriate adoptive parents without the benefit of adoption assistance; and
(4) The child has been placed for adoption according to applicable state or tribal laws.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-110-0010Foster care planning for Indian children—Definitions.
For the purposes of ((WACs 388-70-091, 388-70-092, 388-70-093, 388-70-095, 388-70-450, and 388-70-600 through 388-70-640))this section through WAC 110-110-0100, the term "Indian child" is defined as any unmarried and unemancipated Indian person who is under age eighteen and is one of the following:
(1) A member of an Indian tribe; or
(2) Is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-110-0030Foster care for Indian children—Services.
Documented efforts must be made to avoid separating the Indian child from his or her parents, relatives, tribe, or cultural heritage. Consequently:
(1) When a family identifies Indian ancestry under the federal and state Indian child welfare acts, the ((children's administration (CA)))DCYF caseworker has fifteen calendar days, or ten business days, from the date of identification to complete a family ancestry chart and begin the membership inquiry process. A copy of the family ancestry chart will be retained in the child's most current case file volume.
(2) ((CA))The department staff will contact all identified federally recognized tribes in the case of Indian children being placed in foster care by the department or for whom the department has supervisory responsibility.
(3) If requested by a federally recognized tribe, or if a federally recognized tribe is unavailable the local Indian child welfare advisory committees (LICWAC) as defined under WAC ((388-70-600))110-110-0060 will serve as resource persons for the purposes of cooperative planning and aid in placement.
(4) The resources of the tribal government, the Indian community, and the department must be used to locate the child's parents and relatives to assist in locating possible placement resources, and to assist in the development of a plan to overcome the problem that brought the child to the attention of the authorities, or the department, or both the authorities and the department.
(5) In planning foster care placements for Indian children, ((CA))the department will follow the federal and state Indian child welfare acts with regard to placement preference. The case record must document the reasons and circumstances of casework decisions and consideration in those regards.
(6) ((CA))The department, in partnership with federally recognized tribes and ((CA))its contracted agencies, will develop training for staff and caregivers designed to meet the needs of Indian children and their families. ((CA))The department may also partner with urban Indian organizations, ((CA)) LICWAC((s)), national, state and local Indian child welfare organizations, and Native American/Alaskan Native consultants.
(7) The ((CA))department must make diligent and ongoing efforts to recruit facilities and/or homes particularly capable of meeting the needs of Indian children.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-110-0050Adoptive planning for Indian children by department staff.
(1) In planning adoptive or ((pre-adoptive))preadoptive placements for Indian children under WAC ((388-70-091, CA))110-110-0010, the department will follow the federal and state Indian child welfare acts with regard to placement preference.
(2) An adoptive family must be considered Indian if one or both parents is:
(a) A member of a federally recognized tribe; or
(b) An Alaska Native and a member of a Regional Corporation as defined in Title 43 U.S.C. Sec. 1606.
(3) In adoptive planning for Indian children, the unique cultural, religious, and sovereignty of federally recognized tribes and communities must be recognized. The adoption of Indian children by Indian families is the primary goal.
(4) As a part of the total evaluation for approving a foster parent adoption of an Indian child, ((CA))department staff will document the foster family's past performance and future commitment in exposing the child to their Indian heritage.
(5) When an Indian child, in the custody of an out-of-state agency, is referred for potential adoptive parents residing in Washington, ((CA))the department will follow the interstate compact and placement of Indian children policy of Washington state.
(6) When an Indian child, in the care and custody of ((CA))the department, is referred for adoption out of Washington, ((CA))the department will follow the interstate compact and placement of Indian children policy of Washington state.
(7) In the event of an international adoption ((CA)), the department will follow policy and ensure that placement preferences are followed per the federal and state Indian child welfare acts.
(8) ((CA))The department staff may consult with ((a local Indian child welfare advisory committee))LICWAC in planning for adoptive placement of Indian children when a federally recognized tribe has chosen not to be involved.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-110-0060Local Indian child welfare advisory committee (LICWAC)—Purpose.
The intent of WAC ((388-70-091, 388-70-092, 388-70-093, 388-70-095, 388-70-450, and 388-70-600 through 388-70-640))110-110-0010 and 110-110-0020 are to ensure protection of the Indian identity of Indian children, their rights as Indian children, and the maximum utilization of available Indian resources for Indian children. To ensure the realization of this intent, information about each current and future case involving Indian children for whom ((the department of social and health services))DCYF has a responsibility must be referred to ((a local Indian child welfare advisory committee))LICWAC on an ongoing basis when a federally recognized tribe has not responded, is unavailable, or requests LICWAC involvement according to procedures which recognize the privacy rights of the families.
The purposes of ((local Indian child welfare advisory committees))LICWACs are:
(1) To promote social service planning for Indian children((.));
(2) To encourage the preservation of the Indian family, tribe, heritage, and identity of each Indian child served by the ((department of social and health services.))DCYF;
(3) To assist in obtaining participation by representatives of tribal governments and Indian organizations in departmental planning for Indian children for whom the department has a responsibility.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-110-0070Local Indian child welfare advisory committee (LICWAC)—Membership.
Local Indian child welfare advisory committees must be established within each region. The number and locations of the local committees must be mutually determined by the Indian tribal governments and urban Indian organizations served by that region and the ((DSHS))DCYF regional administrator.
(1) The committee must consist of representatives designated by tribal government and urban Indian organizations. The regional administrator must appoint committee members from among those individuals designated by Indian authorities. These members should be familiar with and knowledgeable about the needs of children in general as well as the particular needs of Indian children residing in the service area.
(2) The committee may also include bureau of Indian affairs staff, Indian health service staff, and other community members.
(3) The ((CA))DCYF regional administrator must appoint a member of his or her child welfare staff as a liaison member of the committee.
(4) The ((local Indian child welfare advisory committee))LICWAC is an ad hoc advisory committee not specifically authorized by statute. As such its members are not entitled to per diem and travel expenses for the performance of advisory committee functions.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-110-0080Local Indian child welfare advisory committee (LICWAC)—Functions.
The functions of ((the local Indian child welfare advisory committee))LICWAC are to:
(1) Assist ((DSHS))DCYF staff in cooperative planning for Indian children((.));
(2) Consult ((DSHS))DCYF staff on behalf of Indian children, regarding the provision of the child's safety, well-being, and permanency on behalf of Indian children((.));
(3) Assist ((DSHS))DCYF staff in providing culturally relevant services to Indian children; and
(4) Make requests to the ((CA))DCYF regional administrator to initiate reviews of casework decisions that the committee believes to be detrimental to the best interests of Indian children.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-110-0090Local Indian child welfare advisory committee (LICWAC)—Meetings.
Each committee and the ((CA local Indian child welfare advisory committee))LICWAC staff liaison will mutually agree as to time, place and frequency and conduct of official committee meetings.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-110-0100Local Indian child welfare advisory committee (LICWAC)—Confidentiality.
The members of ((the local Indian child welfare advisory committee))LICWAC must agree to abide by RCW 74.04.060 and the rules of confidentiality binding ((the DSHS))DCYF staff.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-150-0020What are the definitions for this chapter?
The following definitions apply to this chapter:
"CA/N" means child abuse or neglect as defined in chapter 26.44 WAC.
"Department"or "DCYF" means the department of ((social and health services (DSHS)))children, youth, and families.
"((DLR))LD" means the licensing division ((of licensed resources)), a division of ((children's administration, department of social and health services))DCYF.
"Residential staff" means individuals in charge of supervising the day-to-day living situation of the children in the residential portion of the school.
"School" means the Washington state school for the deaf.
"Superintendent" means the superintendent of the Washington state school for the deaf.
"WSD" means the Washington state school for the deaf.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-150-0070What health and safety standards and written policies will the monitors be looking for when conducting their health and safety reviews of the school?
Reporting requirements
The health and safety standards that apply to WSD are as follows:
(1) All residential program personnel and volunteer staff at the school must comply with the mandatory reporting requirements of child abuse or neglect, RCW 26.44.020.
(2) The school must comply with all applicable fire marshal and department of health requirements.
Written policies and procedures
(3) The department will be reviewing the written policies and procedures of the school that:
(a) Promote a program aimed at providing personal safety and protection of all students residing at the school;
(b) Provide sufficient staffing levels on all shifts to meet the physical, emotional, and safety needs of all students, as required under RCW 72.40.240;
(c) Implement and maintain effective admission and retention policies that protect all students from sexual victimization, as required under RCW 72.40.270;
(d) Implement and maintain an effective communication system between educational staff and residential staff and parents and/or legal guardians;
(e) Ensure that the residential facility meets all applicable fire and health requirements and promote environmental safety against physical risk or harm to students;
(f) Minimize student-to-student conflict or harm when transporting students;
(g) Conduct and document background and CA/N checks on all staff to determine each employee's suitability for employment at the school (see chapter ((388-06))110-04 WAC);
(h) Provide all students with training on self-protection from abuse or neglect, as required under RCW 72.40.230 and 72.40.260;
(i) Implement and maintain effective child protection policies that include proper reporting of incidents, notification, documentation, and cooperation with the department and law enforcement;
(j) Describe what procedures staff must follow when they have reason to believe a student may have been abused or neglected, as defined under RCW 26.44.020; and
(k) Maintain adequate documentation of all abuse or neglect incidents.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-150-0080What specific areas must be included in the comprehensive health and safety review?
(1) In conducting a comprehensive health and safety review of the school, the department must review the ((children's administration's))DCYF's case and ((management information system (CAMIS)))electronic records for any ((child abuse or neglect))CA/N referrals and the disposition of the investigations.
(2) The reviewers must:
(a) Examine the residential facilities for health and safety (a specific list of elements for review are outlined in WAC ((388-180-0230))110-150-0140);
(b) Develop appropriate questionnaires or survey tools for interviews;
(c) Conduct interviews of staff, students, parent, teacher, and community stakeholders for concerns of student health and safety at the school((.));
(d) Review facility logs, including incident reports and daily shift logs;
(e) Review medication policies, including documentation of medicine disbursement when and by whom;
(f) Review admissions and expulsion policies for compliance with RCW 72.40.040;
(g) Review staff coverage policies for compliance with RCW 72.40.240 and 72.40.270;
(h) Review behavior management policy for compliance with RCW 72.40.220, including a description of the de-escalation techniques used with different ages or developmental levels of students;
(i) Review employee/volunteer supervision policies for compliance with RCW 72.40.250;
(j) Review policies for protecting students from abuse or neglect policies for compliance with RCW 72.40.250;
(k) Review any corrective action plans including implementing the written plan of action to assure health and safety and prevention of abuse or neglect incidents as directed in RCW 72.40.250;
(l) Review the documentation of awareness and prevention training of staff for compliance with RCW 72.40.230 and 72.40.260; and
(m) Sample criminal history and CA/N checks of school employees for compliance with the school's criminal history inquiry and FBI fingerprinting process.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-150-0140What are the physical environment safety requirements for the residential facilities?
The school must ensure that the residential facilities comply with the applicable state fire marshal and department of health regulations, including the following:
(1) The grounds, office, living areas, kitchen, bedrooms, bathrooms, shops, recreational areas, and laundry areas are clean and free of hazardous conditions.
(2) Furnishings are clean, comfortable, durable, and safe.
(3) Cleaning products and toxic chemicals are securely stored.
(4) Medications are securely stored.
(5) First-aid supplies are readily available.
(6) Emergency lighting ((devises))devices are available.
(7) Kitchen and bathrooms are ventilated.
(8) The facilities regularly conduct and document fire drills.
(9) Smoke detectors are regularly inspected and the results of the inspections are documented.
(10) Procedures for evacuation and other emergencies are posted, reviewed, and tested at regular intervals.