WSR 13-13-077
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed June 19, 2013, 9:50 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-10-013.
Title of Rule and Other Identifying Information: WAC 388-15-085 How does an alleged perpetrator challenge a founded CPS finding? and 388-15-093 What happens after the alleged perpetrator requests CPS to review the founded CPS finding of child abuse or neglect?
Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on July 23, 2013, at 10:00 a.m.
Date of Intended Adoption: Not earlier than July 24, 2013.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on July 23, 2013.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by July 9, 2013, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:
To change the time frames:
•
An alleged perpetrator of child abuse and/or neglect has to request CPS review a founded CPS finding of child abuse and neglect (from twenty days to thirty days) and;
•
By which the review is to be completed (from sixty days to thirty days).
The changes in these time frames will provide consistency with current RCW and children's administration policy.
Reasons Supporting Proposal: Amending WAC 388-15-085(2) and 388-15-093(3) to ensure WAC is consistent with RCW 26.44.125 (2) and (4) time frames. RCW changed in the 2012 legislative session. RCW 26.44.125 is one part of state law that ensures Washington state access to funds provided through the federal Child Abuse Prevention and Treatment Act (CAPTA) of 1974 (P.L. 93-247) and the Child Abuse Prevention and Treatment Act (CAPTA) Reauthorization Act of 2010-P.L. 111-320.
Statutory Authority for Adoption: RCW 26.44.125 (2) and (4).
Statute Being Implemented: RCW 26.44.125 (2) and (4).
Rule is necessary because of federal law, [no further information supplied by agency].
Name of Proponent: Department of social and health services, children's administration, governmental.
Name of Agency Personnel Responsible for Drafting: Deanna Bedell, Children's Administration, (360) 902-0863; Implementation and Enforcement: Keli Drake, Children's Administration, (360) 902-7871.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required. These rules are dictated by Washington state statute.
A cost-benefit analysis is not required under RCW 34.05.328. Not required. These rules are dictated by Washington state statute.
June 11, 2013
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 02-15-098 and 02-17-045, filed 7/16/02 and 8/14/02, effective 2/10/03)
WAC 388-15-085 How does an alleged perpetrator challenge a founded CPS finding? (1) In order to challenge a founded CPS finding, the alleged perpetrator must make a written request for CPS to review the founded CPS finding of child abuse or neglect. The CPS finding notice must provide the information regarding all steps necessary to request a review.
(2) The request must be provided to the same CPS office that sent the CPS finding notice within ((twenty)) thirty calendar days from the date the alleged perpetrator receives the CPS finding notice (RCW 26.44.125).
AMENDATORY SECTION (Amending WSR 02-15-098 and 02-17-045, filed 7/16/02 and 8/14/02, effective 2/10/03)
WAC 388-15-093 What happens after the alleged perpetrator requests CPS to review the founded CPS finding of child abuse or neglect? (1) CPS management level staff or their designees who were not involved in the decision making process will review the founded CPS finding of child abuse or neglect. The management staff will consider the following information:
(a) CPS records;
(b) CPS summary reports; and
(c) Any written information the alleged perpetrator may have submitted regarding the founded CPS finding of abuse and/or neglect.
(2) Management staff may also meet with the CPS social worker and/or CPS supervisor to discuss the investigation/finding. After review of all this information, management staff decides if the founded CPS finding is correct or if it should be changed.
(3) Management staff must complete their review of the founded CPS finding within ((sixty)) thirty calendar days from the date CPS received the written request for review.