WSR 02-16-061

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Rehabilitative Services Administration)

[ Filed August 2, 2002, 3:31 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-22-057.

Title of Rule: New chapter 388-826 WAC, Voluntary placement program.

Purpose: The purpose of proposed new chapter 388-826 WAC is to describe the voluntary placement program in the Division of Developmental Disabilities and clarify who participates, how participation may occur, and the responsibilities for overall program management.

Statutory Authority for Adoption: RCW 74.13.350, Title 71A RCW.

Statute Being Implemented: RCW 74.13.350, 71A.12.030.

Summary: The rules define participation, out-of-home placement, voluntary agreement and the manner in which children and youth might be served in this program when they meet the definition of developmental disabilities as defined in RCW 71A.12.030. The rules define certain key terms, set criteria for determining when out-of-home is appropriate; describe the process for out-of-home placement; and the roles and responsibilities of birth/adoptive parents and foster parents.

Reasons Supporting Proposal: The rules guide the policies and procedures for program management.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Linda Gil, DSHS/DDD, P.O. Box 45310, Office Building 2, Olympia, WA 98504-5310, (360) 902-8440.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of proposed new chapter 388-826 WAC is to provide definitions of program components regarding who may be involved in the voluntary placement program. The proposed rules include the responsibilities and conditions of program participation.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. While this WAC chapter clarifies the way in which children may be cared for in licensed foster care homes and group care settings, the proposed WAC will not impose new or additional costs to any licensed setting that might operate as a small business.

RCW 34.05.328 applies to this rule adoption. The department has determined that the proposed rules meet the definition of "significant legislative rules" per RCW 34.05.328. A cost-benefit analysis has been prepared and is available by contacting the person listed above.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on September 24, 2002, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by September 6, 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., September 24, 2002.

Date of Intended Adoption: Not earlier than September 25, 2002.

July 21, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 02-17 issue of the Register.

Washington State Code Reviser's Office