WSR 09-07-001

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed March 4, 2009, 12:02 p.m. , effective April 4, 2009 ]


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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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

Rules Coordinator

4056.1
AMENDATORY SECTION(Amending WSR 02-15-098 and 02-17-045, filed 7/16/02 and 8/14/02, effective 2/10/03)

WAC 388-15-021   How does CPS respond to reports of alleged child abuse or neglect?   (1) CPS must assess all reports that meet the definition of child abuse or neglect using a risk assessment process to determine level of risk and response time.

(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.]

Washington State Code Reviser's Office