WSR 19-13-043
EMERGENCY RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed June 12, 2019, 1:03 p.m., effective June 12, 2019, 1:03 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The extended foster care WAC are being amended to align with recent changes in legislation regarding the eligibility requirements for the program. These changes went into effect on July 1, 2018. These changes are currently in the process of becoming permanent.
Citation of Rules Affected by this Order: Repealing WAC 110-90-0041 and 110-90-0042; and amending WAC 110-90-0020, 110-90-0030, 110-90-0040, 110-90-0110, and 110-90-0140.
Statutory Authority for Adoption: RCW 13.34.267, 13.34.268, 74.13.020, 74.13.031, 74.13.336.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: These changes in legislation went into effect on July 1, 2018, and [were] originally filed under WSR 18-21-090. The department is filing an extension while they go through the permanent rule-making process.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 5, Repealed 2.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: June 12, 2019.
Brenda Villarreal
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-90-0020What is the purpose of the extended foster care program?
The extended foster care program provides an opportunity for young adults ((in foster care))who are dependent at age eighteen to voluntarily agree to continue receiving foster care services, including placement services, while the youth:
(1) Completes a high school or a high school equivalency program;
(2) Completes a secondary or post-secondary academic or vocational program;
(3) Participates in a program or activity designed to promote employment or remove barriers to employment;
(4) Is engaged in employment for eighty hours or more per month; or
(5) Is unable to engage in subsections (1) through (4) of this section due to a documented medical condition.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-90-0030What is extended foster care?
Extended foster care is a program offered to young adults, age eighteen to twenty-one, who turn eighteen while in ((foster care))a dependency, to enable them to:
(1) Complete a high school diploma or high school equivalency certificate;
(2) Complete a post-secondary academic or vocational program;
(3) Participate in a program or activity designed to promote employment or remove barriers to employment;
(4) Be employed for eighty hours or more per month; or
(5) Participate in the program if unable to engage in subsections (1) through (4) of this section due to a documented medical condition.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-90-0040Who is eligible for extended foster care?
(1) To be eligible for the extended foster care program, a youth, on his or her eighteenth birthday must be dependent under chapter 13.34 RCW((, placed in foster care as defined in WAC 388-25-0508 by CA,)) and:
(a) Enrolled in school as described in WAC ((388-25-0512))110-90-0050;
(b) Have applied for, or can demonstrate intent to timely enroll in a post-secondary academic or vocational education program as described in WAC ((388-25-0514))110-90-0060;
(c) Participating in a program or activity designed to promote employment or remove barriers to employment as described in WAC ((388-25-0515))110-90-0070;
(d) Engaged in employment for eighty hours or more per month;
(e) Unable to engage in subsection (1)(a) through (d) of this section due a documented medical condition as described in WAC ((388-25-0519))110-90-0100; or
(f) Did not enroll in the extended foster care program; and
(i) Had their dependency dismissed on their eighteenth birthday;
(ii) Is requesting to enroll in the extended foster care program through a voluntary placement agreement (VPA) prior to reaching the age of ((nineteen))twenty-one; and
(iii) Meets one of the criteria found in subsection (1)(a) through (e) of this section.
(2) A youth is not eligible to enroll in extended foster care while in the care and custody of juvenile rehabilitation, county detention, or in the department of corrections. Youth meeting EFC eligibility in subsection (1)(a) through (e) of this section may enroll when they are released from juvenile rehabilitation, county detention, or department of corrections custody.
(3) If the youth was in the extended foster care program but then unenrolled or lost their eligibility, the youth may reenroll in the extended foster care program through a VPA ((one time)) before the age of twenty-one. The youth must meet one of the criteria in subsection (1)(a) through (e) when requesting to reenroll in the extended foster care program.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-90-0110How does a youth agree to participate in the extended foster care program?
(1) An eligible dependent youth can agree to participate by:
(a) Signing an extended foster care agreement; or
(b) For developmentally disabled youth, remaining in the foster care placement and continuing in an appropriate educational program.
(2) An eligible nondependent youth who did not elect to participate in the program on their eighteenth birthday can agree to participate by:
(a) Signing a voluntary placement agreement (VPA) before reaching age ((nineteen))twenty-one; or
(b) Establishing a nonminor dependency before reaching age ((nineteen))twenty-one if the department denied entry into the program.
(3) An eligible ((nondependent))nonminor dependent youth requesting to reenter the program may agree to participate by signing a VPA prior to reaching age twenty-one ((as long as the youth has not previously entered into a VPA for extended foster care services)).
(4) In order to continue receiving extended foster care services after entering into a VPA with the department, the youth must agree to the entry of an order of dependency within one hundred eighty days of the date that the youth is placed in foster care pursuant to a VPA.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-90-0140If an extended foster care participant loses his or her eligibility before he or she turns twenty-one, may he or she reapply for extended foster care?
(((1))) Yes. If a youth was receiving extended foster care services and lost eligibility, he or she may reapply as long as the youth:
(((a)))(1) Has not turned twenty-one; and
(((b)))(2) Meets one of the conditions for eligibility in WAC ((388-25-0506))110-90-0040 (1)(a) through (e)((; and
(c) Has not entered into a prior voluntary placement agreement with the department for the purposes of participating in the extended foster care program.
(2) Youth may reenter the extended foster care program one time between the ages of eighteen to twenty-one)).
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 110-90-0041
When is a youth considered to be "in foster care"?
WAC 110-90-0042
When is a youth not "in foster care"?