CHILDREN, YOUTH, AND FAMILIES

[Filed April 20, 2022, 11:59 a.m.]

Preproposal statement of inquiry was filed as WSR 21-12-013.

Title of Rule and Other Identifying Information: WAC 110-14-1326 Can I get a license to care for a specific child, and what are the requirements?

Hearing Location(s): On May 24, 2022, telephonic. Oral comments may be made by calling 360-902-8084 and leaving a voicemail that includes the comment and an email or physical mailing address where the department of children, youth, and families (DCYF) will send its response. Comments received through and including May 24, 2022, will be considered.

Date of Intended Adoption: May 25, 2022.

Submit Written Comments to: DCYF Rules Coordinator, email dcyf.rulescoordinator@dcyf.wa.gov, https://dcyf.wa.gov/practice/policy-laws-rules/rule-making/participate/online, by May 24, 2022.

Assistance for Persons with Disabilities: Contact DCYF rules coordinator, phone 360-902-7956, email dcyf.rulescoordinator@dcyf.wa.gov, by May 20, 2022.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule affirms DCYF's authority to issue child-specific foster family home licenses granted by RCW 74.15.125(7), and establishes the limitations of the license; namely, that licensing and child placement is at the discretion of DCYF, and placement is limited to children identified prior to the issuance of the license. The proposed rule also requires reassessment in cases where a child-specific license holder wants to receive placement of a child not identified prior to licensure or wants to receive a general foster family home license.

Reasons Supporting Proposal: The proposed rule is necessary to establish:


•	Criteria for a child-specific license so that licensees and potential applicants understand how it is different from a general foster family home license,
•	The placement limitations of a child-specific license, and
•	The steps a child-specific license holder must complete in order to be granted a general foster family home license.

Statutory Authority for Adoption: RCW 74.15.125 (7)(b).

Statute Being Implemented: RCW 74.15.125.

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

Name of Proponent: DCYF, governmental.

Name of Agency Personnel Responsible for Drafting: Tyler Farmer, 360-628-2151; 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 listed as 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(4).

Explanation of exemptions: The proposed rule impacts only foster family homes, none of which are small businesses as defined in RCW 19.85.020.

WAC 110-148-1326Can I get a license to care for a specific child, and what are the requirements?

(1) Pursuant to RCW 74.15.125(7), the department may issue a child-specific license to relatives or suitable persons, as defined in RCW 13.36.020, to provide foster care services to a specified child and that child's siblings or relatives in the department's care and authority.

(a) Such placement is at the discretion of the department.

(b) A licensee under this section may only receive placement of one or more specific children identified prior to the issuance of a license.

(2) The department must reassess licensees issued under this section if licensees want to:

(a) Add a child to their child specific license and that child was not identified prior to licensure; or

(b) Receive a general foster family home license.

(3) Reassessment under subsection (2) of this section may require licensees to give up their current child specific licenses, complete new or additional training, or submit new licensing applications as a condition of receiving new or different licenses.

(4) Licensees under this section must meet the licensing requirements detailed in RCW 74.15.030(2) and this chapter.

(5) A child-specific license does not grant licensees:

(a) The right to have a specific child placed in their care; or

(b) The right to be a party in any juvenile court proceeding under chapter 13.34 RCW.