DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Services and Enterprise Support Administration)

The following definitions apply to this chapter:

(1) "Authorization" means a detailed document that gives DSHS permission to use or disclose confidential information and records for specified purposes.

(2) "Business days" means Monday through Friday, excluding legal holidays.

(3) "Client" means a person who receives services or benefits from DSHS. Clients include but are not limited to, consumers, recipients, applicants, residents of DSHS facilities or institutions, patients, parents and children involved with child welfare services, juveniles involved with the juvenile justice system, parents receiving support enforcement services, persons who previously received services or benefits, and persons applying for benefits or services.

(4) "DSHS" means the department of social and health services

(5) "Public records coordinator" means a person designated to respond to public records requests within an organizational unit or who are appointed as responsible for a local office, unit, region, program, or facility.

(6) "Public records officer" means the person designated as the public records officer for the DSHS under RCW 42.56.580. The DSHS public records officer has primary responsibility for management, oversight, and monitoring of DSHS's public records request process.

(7) "Redact" means deleting or marking out exempt information from a public record.

(8) "Third party notice" means notifying affected persons or entities of a public records request to allow the opportunity to enjoin disclosure of the records under RCW 42.56.540.

The purposes of this chapter are to:

(1) Describe the organization of the department of social and health services (DSHS); and

(2) ((Ensure that DSHS complies with laws governing the disclosure (release) of public records; and

(3))) Explain how an individual or organization ((can)) may obtain public records.

Except where otherwise provided, no provision in Title 388 WAC:

(1) Creates or is intended to create any right or cause of action((, or));

(2) Adds to or intends to add to any existing right or cause of action((, nor may anything in Title 388 WAC be relied upon to compel)); or

(3) Compels the establishment of any program or special entitlement.

(1) ((DSHS was created to unite related statewide social and health service programs within a single agency. DSHS programs are designed to protect the general public, as well as persons who are unable to fully care for themselves or meet their basic needs)) DSHS's current organizational structure can be located at the following link: https://www.dshs.wa.gov/strategic-planning/organizational-chart.

(2) ((It is organized into seven administrations plus the secretary's and deputy secretary's offices:

(4) DSHS has offices in the community to serve clients. Local DSHS offices have various names, such as community services office (CSO), regional offices, home and community services (HCS), division of child support (DCS), children's services, division of developmental disabilities (DDD) field service offices, and facilities)) You may also request organizational charts by writing to:

Olympia, WA 98504-5010.

(1) DSHS prepares and keeps public records that relate to the programs it administers. All records DSHS uses to conduct business are public records.

DSHS public records may include((,)) documents, audio and video recordings, pictures, email, computer disks, and electronic data.

(2) DSHS public records are available to the public unless a law exempts them from disclosure. Some DSHS records ((contain)) are confidential ((information that is)) and not available to everyone. Records exempt from public disclosure are listed under chapter 42.56 RCW, WAC 388-01-020, and other federal and state laws applicable to DSHS.

(3) ((You)) Clients, or someone authorized to act for ((you or by you)) a client, may ((have)) access ((to)) confidential records about ((you)) the client that ((would otherwise be)) are exempt from disclosure to the public unless specifically prohibited by law.

(4) Upon ((your)) request, DSHS may ((give you)) provide access to records such as rules, policies, indexes, interpretive statements, pamphlets, forms, and other publications at cost under WAC 388-01-180 without using the public records ((disclosure)) request process.

((An individual should contact the public disclosure coordinators at DSHS offices to request a public record. Public disclosure coordinators are located at local community service offices (CSO), regional offices, home and community services (HCS), division of child support (DCS), children's services, DDD field services offices, DSHS facilities, and within each DSHS administration)) Requests for public records may be sent to the DSHS public records officer using the following contact information:

Email: DSHSPublicDisclosure@dshs.wa.gov.

(1) An individual ((can)) may request a public record orally or in writing. DSHS ((encourages)) prefers that all public record requests be in writing on ((a)) the "request for ((disclosure of)) DSHS records" form, DSHS 17-041(X). Individuals may ((request this form from DSHS, Forms and Records Management Services, P.O. Box 45805, Olympia, WA 98504-5805, (360) 664-6120, or email at DSHSFormsRecordsMgmt@dshs.wa.gov)) locate this form on the DSHS website at https://www.dshs.wa.gov/fsa/forms or request it from:

Email: DSHSPublicDisclosure@dshs.wa.gov.

(2) If ((the form is not used)) an individual does not use the DSHS form, the written public record request should include the following information:

(a) The requester's name, organization, mailing address, telephone number, fax number, and email address;

(b) The date of the request;

(c) A detailed description of the identifiable public record being requested;

(d) The email or mailing address where DSHS should send copies of the ((record are to be mailed)) records, or if the requester wants to ((examine)) inspect the record at DSHS; and

(e) The requester's signature ((of the requester)).

(3) An individual ((can)) may fill out a record request at a DSHS office((,)) or send it by regular mail, ((electronic mail)) email, or fax to the public ((disclosure coordinator at the appropriate DSHS office)) records officer listed in WAC 388-01-050.

(4) Requests by third parties for confidential client records must be accompanied by a valid authorization as set forth in WAC 388-01-150.

(5) DSHS may ask an individual requesting a public record for personal identification when the law makes a record disclosable to a specific person.

(1) Individuals ((can examine)) may inspect public records during DSHS office hours. The office hours are 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday, ((except for)) excluding legal holidays. Contact the public ((disclosure)) records coordinator in the appropriate office to arrange a time to ((examine)) inspect the public record.

(2) In order to preserve the record or prevent interference in the performance of departmental duties, DSHS reserves the right to restrict an individual's ability to ((examine)) inspect or copy public records. This does not prevent DSHS from providing copies of the public record by mail or email.

(1) There is no fee for ((examining)) inspecting public records.

(2) ((DSHS charges one or more of the following fees for copies of public records:

(c) The cost of postage, when items are mailed (see RCW 42.17.260))) Pursuant to RCW 42.56.120 (2)(b), DSHS does not calculate the actual costs for copying records because to do so would be unduly burdensome for the following reasons:

(b) To conduct such a study would interfere with other essential agency functions.

(3) ((Government agencies, or DSHS clients involved in an administrative hearing procedure, may receive public records reasonably related to the hearing free of charge)) DSHS may do one or more of the following:

(d) Enter into an alternative fee agreement with a requester under RCW 42.56.120(4).

(4) DSHS may waive copying ((and postage)) fees ((if)) in one or more of the following circumstances:

(a) ((Providing a copy of the record assists in managing a program)) Clients receiving the first copy of their file; ((or))

(b) ((The expense of billing exceeds the copying and postage costs)) Producing records assists in managing a program;

(c) The expense of billing exceeds the cost of producing records.

(1) Within five business days after ((receiving the)) DSHS receives a public record request, DSHS must ((review the public record and must)):

(((1) Provide the)) (a) Produce responsive public records; ((or

(2))) (b) Acknowledge receipt of the request((,)) and ((give the DSHS)) provide an estimated date for first response; ((or

(3))) (c) Provide an internet address and link to the specific records requested;

(e) Deny the request in writing, noting the reason(s) for denial.

(1) DSHS ((might need to)) may extend ((the time to respond to a public record request)) its estimated response time to:

(a) Locate and gather ((the information requested)) responsive records;

(b) Notify an individual or organization identified in or affected by the request; ((and/or))

(c) Determine whether ((the information)) requested ((is)) records are exempt and whether all or part of the ((public record requested can)) records may be released; ((and/or))

(d) Contact the ((individual requesting the public record)) requester to clarify the intent, scope, or specifics of the request.

(2) If ((the individual requesting the public record fails to)) a requester does not clarify ((the)) an unclear request under subsection (1)(d) of this section, DSHS does not have to respond to the unclear parts of the request.

If ((an individual requesting a public record)) a requester thinks ((DSHS)) DSHS's time estimate for producing records under chapter 42.56 RCW is ((unreasonably delaying the release of a public record)) unreasonable, the ((individual)) requester may:

(1) Petition the public ((disclosure)) records coordinator to ((release the public record before the date indicated on DSHS response (see WAC 388-01-090))) reduce the time estimate; or

(2) File a lawsuit in superior court ((to require DSHS to release the public record)) under RCW 42.56.550(2).

(1) ((If the requested public record contains information that is exempt from public disclosure, DSHS may:

(b) Deny release of the entire record, sending a written explanation citing the exemption that applies to the denial)) Public records and information may be exempt from disclosure or production under chapter 42.56 RCW or other state or federal laws. Commonly applicable exemptions include, but are not limited to, the following:

(j) Under RCW 42.56.640 and 43.17.410, sensitive personal information of vulnerable individuals and in-home caregivers for vulnerable populations, except as allowed under subsection (3) of this section.

(2) ((DSHS may release information to law enforcement officers and United States immigration officials to the extent authorized by RCW 74.04.062)) If the requested public record contains information that is exempt from public disclosure, DSHS may:

(b) Has complied with any procedures developed by DSHS to protect the confidentiality of the information.

((If)) (1) After DSHS ((denies)) takes final action to deny all or a portion of a public record request, ((an individual)) a requester may do any one or more of the following:

(((1))) (a) Petition for ((a)) agency review ((of the denied request from)) by the denying public ((disclosure)) records coordinator or ((a director)) an approved designee. ((Contact DSHS to obtain a petition form (DSHS 17-062(X)) at: DSHS Forms and Records Management Services, P.O. Box 45805, Olympia, WA 98504-5805, (360) 664-6120, or email DSHSFormsRecordsMgmt@dshs.wa.gov. DSHS has two business days after receiving the petition to respond. If DSHS upholds the denial, the decision is considered final; or

(2))) The written request must specifically refer to the written statement by the public records coordinator that constituted or accompanied the denial.

(b) Ask the office of the attorney general to review the public record request.

(((a))) (i) Send a copy of the denied public record request and the DSHS written denial to:

Office of the attorney general

Public records review

P.O. Box 40100

Olympia WA 98504-0100.

(((b))) (ii) The office of the attorney general will review the request and DSHS denial. The office of the attorney general issues a written opinion as to whether the requested public record is excluded from disclosure.

(((3))) (c) File a lawsuit for ((release of a public record)) judicial review under the Public Records Act in superior court in the county where the public record is located.

(b) If the DSHS denial is reversed, the court may require DSHS to pay costs and attorney fees. DSHS may be fined five dollars to one hundred dollars a day for each day they denied the public record)) (2) "Final action" occurs when DSHS indicates that it will not provide responsive records. When DSHS produces installments of records, final action occurs when DSHS produces its last installment or indicates that it will not reconsider a denial. Before DSHS produces its last installment, DSHS may cure deficiencies within prior installments. DSHS encourages requesters to contact the public records coordinator with questions or concerns about installments prior to final action.

(1) If ((a public record contains personal information that identifies)) records responsive to a public records request identify or pertain directly to an individual or organization other than the ((subject of the requested public record)) requester, DSHS may notify ((that)) the named individual or organization about the request.

(2) ((DSHS may send a written notice to the individual or organization if releasing the personal information could damage the individual or organization, or government operations, or is not in the best interest of the public. The notice should)) DSHS's third party notice may include:

(a) ((The record being requested)) A copy of the original request;

(b) ((The date DSHS intends to release the record)) If appropriate, the records that identify or pertain to the third party; ((and))

(c) ((How the individual or organization can prevent release of the record (see RCW 42.17.330))) The date DSHS intends to release the record; and

(d) A statement that the third party may prevent release of the record by agreement or by bringing a lawsuit and getting an injunction against DSHS and the requester under RCW 42.56.540 prior to the intended release date.

(3) DSHS may ((also send a written notice to the record)) inform the requester ((notifying them)) that:

(a) ((The individual or organization whose personal information is contained in the requested public record has been)) A third party has been notified of the request;

(b) DSHS ((expects a response from the individual or organization regarding)) provided the third party with a due date for objecting to disclosure ((of their personal information by a specified date)); and

(c) ((Disclosure may be denied)) In the absence of an agreement with the requester, the third party may bring a lawsuit against the requester and DSHS under RCW 42.56.540 to stop disclosure.

(1) ((An individual's)) A third party, such as a DSHS client's attorney((, legal guardian,)) or lay representative ((can request the individual's record with a signed written release)), may access confidential records about a DSHS client with a valid authorization.

(2) The ((written release must include)) authorization should:

(a) ((The identity of the individual(s) or organization(s) authorized to receive the records)) Identify the client;

(b) ((An identification of the record(s), or part of the record, that the individual wants released)) Identify the individual(s) or organization(s) authorized to receive the records; ((and))

(c) ((The date the release expires)) State that DSHS may disclose the information to the requester;

(j) Include a dated verified signature of the individual with legal authority to authorize the release of records.

(3) DSHS may ask for ((identification verifying)) additional proof to verify the ((representatives's relationship to the individual)) third party's authority to access confidential records.

(1) DSHS is only required to provide access to existing, identifiable public records in its possession at the time of the request (see RCW ((42.17.270)) 42.56.080).

(2) DSHS is not required to collect information to create a public record that does not exist at the time ((of)) the public record request is received.

(1) ((For the purposes of this chapter, outside agencies include, but are not limited to, group homes, mental health centers, drug and alcohol agencies, and other state agencies)) A request for information is not a Public Records Act request.

(2) ((DSHS may release public records to its offices and to outside agencies when the information relates to the administration of DSHS programs unless exempt by 45 C.F.R. 205.50 or other law)) A request to access records under authority other than the Public Records Act is not a Public Records Act request, including but not limited to the following examples:

(i) A legal subpoena for DSHS records.

DSHS issues administrative policy statements that apply to the whole department. Administrations may issue policies and interpretive statements that relate to their own programs. (See RCW 34.05.010).

(1) To receive a copy of a DSHS administrative policy, send a written request to:

Office of ((Legal Affairs,)) policy and external relations

Rules and policies assistance unit((,))

P.O. Box 45850((,))

Olympia, ((Washington)) WA 98504-5850.

(2) To receive a copy or review a specific administration's policies or interpretive statements, send a written request to the administration.

(1) The DSHS board of appeals reviews and selects orders and creates an index of significant decisions that substantially affect DSHS performance (see RCW ((42.17.260)) 42.56.070).

(2) The index:

(a) Is divided into program categories;

(b) Contains a copy or synopsis of the order; and

(c) Is updated, as needed.

(3) An individual can ((inspect or request a copy of)) view the index on the boards of appeals website at https://www.dshs.wa.gov/node/4060/board-appeals or inspect or request a copy by contacting the board of appeals ((located)) at:

(4) An individual may ask the board of appeals to index an order as a significant decision by sending a written request with a copy of the order to the mailing address.

(1) ((First,)) Read the information on declaratory orders in RCW 34.05.240 and WAC 10-08-250, 10-08-251, and 10-08-252((.)); and

(2) ((Next,)) File the petition with the DSHS rules and policies assistance unit((;)) at:

DSHS((;)) rules and policies assistance unit

P.O. Box 45850((;))

Olympia, WA 98504-5850.