WSR 02-15-136

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed July 22, 2002, 11:10 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Amending WAC 388-27-0225 What are the current maximum rates available for basic adoption support monthly cash payments and special rate? and 388-27-0375 Will the department reimburse an adoptive parent for nonrecurring adoption expenses?

Purpose: WAC 388-27-0225 will amend rates according to the approved budgetary increase for July 1, 2002. WAC 388-27-0375 will be amended by changing "may" to "will" in the sentence, "The department may agree to reimburse some or all of an adoptive parent's nonrecurring adoption expenses." This amendment will bring the WAC into compliance with federal rules.

Statutory Authority for Adoption: RCW 74.13.109.

Statute Being Implemented: RCW 74.13.112 and 74.13.130.

Summary: WAC 388-27-0225 is amended to reflect the increase in the maximum rates allowable for basic adoption support monthly cash payments and special rates as of July 2002. WAC 388-27-0375 is amended to incorporate wording in federal rule regarding reimbursement of nonrecurring adoption costs to adoptive families. Wording in WAC 388-27-0375 which states that the department "may" is being amended to "will."

Reasons Supporting Proposal: RCW 74.13.112 allows the secretary to set maximum payments for adoption support. The Social Security Act 473 (a)(b) and federal rule 45 C.F.R. 1356.41(i) support the change to WAC 388-27-0375.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Children's Administration, Lonnie Locke, 1115 Washington Street S.E., Olympia, 98504, (360) 902-7932.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal law, 45 C.F.R. 1356.41.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-27-0225 will amend rates according to approved budgetary increase for July 1, 2002. WAC 388-27-0375 will be amended by changing "may" to "will" in the sentence, "The department may agree to reimburse some or all of an adoptive parent's nonrecurring adoption expenses." This amendment will bring the WAC into compliance with federal rules.

These proposed rules are exempt from filing a preproposal statement of inquiry per RCW 34.05.310 (4)(c) and (f). Amended WAC 388-27-0225 adjusts rates pursuant to budgetary standards. Amended WAC 388-27-0375 adopts without material change the word "will" in federal rule 45 C.F.R. 1356.41(i).

Proposal Changes the Following Existing Rules: WAC 388-27-0225 states the current maximum rate available for basic adoption support monthly cash payments and special rate. The rule will adjust rates according to budgetary standards.

WAC 388-27-0375 allows adoptive parents to be reimbursed for nonrecurring adoption costs. The change in wording from "may" to "will" will have no effect on current department practice.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is adopted per RCW 19.85.025(3) which exempts from preparation of a small business economic impact statement rules described in RCW 34.05.310(4). The proposed WAC 388-27-0375 is exempt under RCW 34.05.310 (4)(c), "rules adopting... without material change... federal statutes or regulations." WAC 388-27-0375 is amended to conform to federal rule 45 C.F.R. 1356.41(i).

The proposed WAC 388-27-0225 is exempt under RCW 34.05.310 (4)(f), "rules that set or adjust fees or rates pursuant to legislative standards." WAC 388-27-0225 states the current maximum rate as allowed by legislative budgetary standards.

RCW 34.05.328 does not apply to this rule adoption. These rules are exempt from the significant legislative rules requirements per RCW 34.05.328 (5)(b)(iii), which exempts rules adopting or incorporating by reference without material change federal statutes or regulations; and (v) [RCW 34.05.328 (5)(b)(vi)], which exempt rules that set or adjust fees or rates pursuant to legislative standards.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on August 27, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by August 23, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., August 27, 2002.

Date of Intended Adoption: Not earlier than August 28, 2002.

July 18, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3132.2
AMENDATORY SECTION(Amending WSR 01-08-045, filed 3/30/01, effective 4/30/01)

WAC 388-27-0225   What are the current maximum rates available for basic adoption support monthly cash payments and special rate?   Effective July 1, ((2000)) 2002 the maximum basic monthly adoption support rates as established by the state legislature are:

Age of Child Maximum Rate
Less than six years old $((316.62)) 328.12
Six through eleven years old $((390.11)) 404.27
Twelve years or older $((462.24)) 479.03
Special rate $((147.94)) 153.31

[Statutory Authority: RCW 74.13.031. 01-08-045, 388-27-0225, filed 3/30/01, effective 4/30/01.]


AMENDATORY SECTION(Amending WSR 01-08-045, filed 3/30/01, effective 4/30/01)

WAC 388-27-0375   Will the department reimburse an adoptive parent for nonrecurring adoption expenses?   The department ((may)) will 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);

(2) Washington state has determined that the child cannot or should not be returned to the home of the child's biological parent; and

(3) Except where it would be against the best interest of the child, the department or a 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 and local laws or Tribal laws.

[Statutory Authority: RCW 74.13.031. 01-08-045, 388-27-0375, filed 3/30/01, effective 4/30/01.]

Washington State Code Reviser's Office