SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed December 31, 2019, 11:19 a.m., effective February 1, 2020]
Effective Date of Rule: February 1, 2020.
Purpose: The department is amending WAC 388-826-0075 and 388-826-0095; repealing WAC 388-826-0090; and creating new WAC 388-826-0096, 388-826-0097, and 388-826-0098. The amendments are necessary to do the following: Align the calculation of client participation for voluntary placement services (VPS) clients with that of other waiver participants; clarify parent and guardian responsibilities; and require clients receiving VPS in child foster homes to establish a basic expense agreement.
Citation of Rules Affected by this Order: New WAC 388-826-0096, 388-826-0097 and 388-826-0098; repealing WAC 388-826-0090; and amending WAC 388-826-0075 and 388-826-0095.
Adopted under notice filed as WSR 19-21-115 on October 18, 2019.
Changes Other than Editing from Proposed to Adopted Version: WAC 388-826-0097 was revised to address stakeholder concerns by making the following changes to the proposed text:
WAC 388-826-0097 What expenses must a parent pay for while their child while receivingreceives voluntary placement services? A parent or legal guardian remains financially responsible for all expenses for their minor child that are not included in voluntary placement services.
A final cost-benefit analysis is available by contacting Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, phone 360-407-1589, fax 360-407-0955, TTY 1-800-833-6388, email Chantelle.Diaz@dshs.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, Amended 2, Repealed 1.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 2, Repealed 1.
Date Adopted: December 31, 2019.
AMENDATORY SECTION(Amending WSR 18-23-004, filed 11/7/18, effective 12/8/18)
WAC 388-826-0075What are a parent or legal guardian's responsibilities when ((their))a child is receiving voluntary placement services?
(1) When a client is receiving voluntary placement services, the client's parent or legal guardian must:
(((1)))(a) Maintain weekly contact with the child;
(((2)))(b) Comply with the voluntary placement agreement;
(((3) Help))(c) Apply for all income and benefits available to the child ((from the Social Security Administration)); and
(((4)))(d) Participate in:
(((a)))(i) The shared parenting plan;
(((b)))(ii) Team meetings; and
(((c)))(iii) The DDA annual assessment, including the person-centered service plan.
(2) When the child receives social security income, the child's parent or legal guardian must establish a representative payee to manage the child's income and comply with the client responsibility and basic expenses required in this chapter.
(3) Nonpayment of a child's client responsibility or basic expenses may jeopardize the child's placement with a provider.
AMENDATORY SECTION(Amending WSR 02-22-057, filed 10/31/02, effective 12/1/02)
WAC 388-826-0095((Who pays for a child's care when a child is in out-of-home))What must a client pay toward the cost of voluntary placement services in a licensed staffed residential home, a children's SOLA, or a group care facility?
((State funds, federal funds and the child's SSI, that is used for basic maintenance support the cost of the child's care while the child is in licensed out-of-home placement. The parent is encouraged to continue to support their child with typical activities, e.g., presents, clothing, special items, special outings. Licensed providers who care for the child in a licensed setting will be paid directly through a contract with DDD and according to an established rate structure, established within DDD.))
(1) To receive voluntary placement services in a licensed staffed residential home, a children's SOLA, or a group care facility for medically fragile children, a client may be required to pay client responsibility as required under this section.
(2) The department determines the amount of client responsibility and room and board a client must pay under:
(a) WAC 182-515-1510 if the client is enrolled on a DDA home and community-based (HCB) waiver under chapter 388-845 WAC; or
(b) WAC 182-513-1235 if the client is enrolled in roads to community living under chapter 388-106 WAC.
WAC 388-826-0096What must a client pay toward the cost of voluntary placement services in a child foster home?
(1) To receive voluntary placement services in a child foster home, a client must pay the provider a fixed monthly amount referred to as basic expenses, which must be outlined in a basic expense agreement.
(2) The written basic-expense agreement must include:
(a) Monthly amounts for rent, utilities, and food costs; and
(b) The day of the month the payment is due to the provider.
(3) The total monthly obligation in the basic-expense agreement must not exceed the client's available income minus the personal needs allowance under WAC 182-513-1105(5).
(4) Before the client moves into the child foster home, the basic-expense agreement must be:
(a) Signed by the client or the client's legal representative;
(b) Signed by the provider; and
(c) Sent to DDA.
(5) Changes to the basic-expense agreement must be reviewed by DDA before implementation.
WAC 388-826-0097What expenses must a parent pay for while their child receives voluntary placement services?
A parent remains financially responsible for all expenses for their minor child that are not included in voluntary placement services.
WAC 388-826-0098What does the department pay toward voluntary placement services?
(1) For a client residing in a licensed staffed residential home, a children's state-operated living alternative (SOLA), or a group care facility, the department pays the cost of the voluntary placement services minus the amount of client responsibility under WAC 388-826-0095.
(2) For a client residing in a child foster home, the department pays the cost of the voluntary placement services minus basic expenses under WAC 388-826-0096.
The following section of the Washington Administrative Code is repealed:
What does a parent do with the child's Social Security benefits when the parent's child lives outside the parent's home?