SOCIAL AND HEALTH SERVICES
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending the child protective services (CPS) rule to establish a ninety day timeline for a CPS investigation. The new language is essential for children's administration to implement the legislature's intent in chapter 220, Laws of 2007.
Citation of Existing Rules Affected by this Order: Amending WAC 388-15-021.
Statutory Authority for Adoption: Chapter 26.44 RCW, RCW 74.08.090, 74.13.031, 74.04.050.
Other Authority: Chapter 220, Laws of 2007.
Adopted under notice filed as WSR 09-02-076 on January 7, 2009.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: February 23, 2009.
Stephanie E. Schiller
(2) CPS must provide an in-person response to alleged victims and must attempt an in-person response to the alleged perpetrator of child abuse and neglect in referrals assessed at moderate to high risk.
(3) CPS may refer reports assessed at low to moderately low risk to an alternative response system.
(4) CPS may interview a child, outside the presence of the parent, without prior parental notification or consent (RCW 26.44.030(10)).
(5) Unless the child objects, CPS must make reasonable efforts to have a third party present at the interview so long as the third party does not jeopardize the investigation (RCW 26.44.030).
(6) CPS may photograph the alleged child victim to document the physical condition of the child (RCW 26.44.050).
(7) CPS ((
must establish in procedure, timelines for the
completion of investigations and standards for written
findings)) attempts to complete investigations within
forty-five days. In no case shall the investigation extend
beyond ninety days unless the investigation is being conducted
under local protocol, established pursuant to chapter 26.44 RCW, and a law enforcement agency or prosecuting attorney has
determined that a longer investigation period is necessary.
[Statutory Authority: RCW 74.13.031, 74.04.050 and chapter 26.44 RCW. 02-15-098 and 02-17-045, § 388-15-021, filed 7/16/02 and 8/14/02, effective 2/10/03.]