WSR 20-05-064
PROPOSED RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed February 14, 2020, 3:39 p.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: Complaint Resolution: WAC 110-09-0010 What definitions apply to the department's child welfare services complaint resolution process?, 110-09-0020 How does the children's administration resolve complaints?, 110-09-0030 What is the process for resolving complaints?, and 110-09-0040 What happens if the complaint is not resolved at the regional level?
Extended Foster Care: WAC 110-90-0100 How does a youth demonstrate he or she is unable to participate in extended foster care activities due to a documented medical condition?, 110-90-0120 Where do youth obtain information about how to participate in the program?, 110-90-0150 What are CA's responsibilities to a youth who is participating in extended foster care?, 110-90-0160 How does CA determine a youth's continuing eligibility for the extended foster care program?, 110-90-0170 What are the legal rights of a dependent youth in extended foster care to travel out of state, buy a car or engage in other activities as an adult?, 110-90-0190 What must the youth do to remain in the extended foster care program?, and 110-90-0200 When is a youth no longer eligible for the extended foster care program?
Hearing Location(s): On March 24, 2020, at 10:00 a.m., at Conference Room 4, Office Building 2, Service Level, 1115 Washington Street S.E., Olympia, WA.
Date of Intended Adoption: March 25, 2020.
Submit Written Comments to: Department of Children, Youth, and Families (DCYF) Rules Coordinator, P.O. Box 40975, email dcyf.rulescoordinator@dcyf.wa.gov, fax 360-902-7903, https://www.dcyf.wa.gov/practice/policy-laws-rules/rule-making/participate/online, by March 24, 2020.
Assistance for Persons with Disabilities: Contact DCYF rules coordinator, phone 360-902-7956, fax 360-902-7903, email dcyf.rulescoordinator@dcyf.wa.gov, by March 20, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Make technical corrections necessary following the decodification of Title 170 WAC and certain chapters of Title 388 WAC and their recodification to Title 110 WAC and repeal WAC 110-09-0040 What happens if the complaint is not resolved at the regional level? Technical corrections include updates to embedded RCW and WAC citations, agency name, contact information, and position titles.
Reasons Supporting Proposal: Effective July 1, 2018, the DCYF assumed the programs and functions of the former department of social and health services children's administration and the department of early learning. The proposed amendments make necessary technical corrections to the rules transferred to DCYF. WAC 110-09-0040 is being repealed because it describes a complaint resolution procedure that is not used.
Statutory Authority for Adoption: Chapter 6, Laws of 2017.
Statute Being Implemented: RCW 74.13.031 and 74.13.045.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DCYF, governmental.
Name of Agency Personnel Responsible for Drafting: Lori Anderson, 1110 S.E. Jefferson, Olympia, WA 98504, 360-725-4670; Implementation and Enforcement: DCYF, statewide.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The proposed rules are exempt from a cost-benefit analysis by RCW 34.05.328 (5)(b)(iv).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
February 14, 2020
Brenda Villarreal
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-09-0010What definitions apply to the department's child welfare services complaint resolution process?
(("Children's administration" (CA) means the cluster of programs within the department of social and health services responsible for the provision of child welfare, child protective, child care licensing, and other services to children and their families.))
"Complaints office" or "constituent relations" means the office within the ((children's administration))department responsible for handling complaints regarding child welfare services.
(("Division of children and family services" (DCFS) means the division within the children's administration responsible for administering child welfare services programs.
"Division of licensed resources" (DLR)))"Department" means the department of children, youth, and families.
"LD" means the licensing division ((within the children's administration)), a division of DCYF responsible for licensing or certifying child care homes and facilities under the authority of chapter 74.15 RCW.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-09-0020How does the ((children's administration))department resolve complaints?
The constituent relations staff assists clients, foster parents, and other affected individuals in resolving complaints and grievances regarding ((children's administration (CA)))department policies and procedures, or the application of a policy or procedure related to ((CA))the department's programs. Under RCW 74.13.045, the constituent relations staff may inquire into, determine fact, and facilitate the resolution of disputes and complaints.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-09-0030What is the process for resolving complaints?
(1) After making a reasonable effort to resolve a complaint with a ((social worker))caseworker or licensor, a client, foster parent, or community member may contact the ((CA)) constituent relations office to request assistance.
(2) The constituent relations staff will assist the complainant in reviewing the complaint with the assigned ((social worker))caseworker or licensor to arrive at a resolution.
(3) If the complaint cannot be resolved with the ((social worker))caseworker or licensor, the constituent relations staff will assist the complainant in reviewing it with the supervisor of the ((social worker))caseworker or licensor for resolution.
(4) If the complaint cannot be resolved with the supervisor, the constituent relations staff will assist the complainant in reviewing the complaint with the supervisor's area ((manager or regional manager))administrator for resolution.
(5) If the complaint cannot be resolved with the area ((manager or regional manager))administrator, the constituent relations staff will assist the complainant in reviewing it with the ((area manager's regional))appropriate LD senior administrator ((or the regional manager's office chief)).
(6) If ((CA))the constituent relations staff determines at any time during the complaint resolution process that the ((administration's))department's actions were consistent with agency policy and procedures based on complete and correct information regarding the complainant's situation, the constituent relations staff will terminate the resolution process and ((will)) close the complaint.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 110-09-0040
What happens if the complaint is not resolved at the regional level?
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-90-0100How does a youth demonstrate ((he or she is unable))the inability to participate in extended foster care (EFC) activities due to a documented medical condition?
(1) To demonstrate ((he or she is unable))the inability to participate in ((extended foster care))EFC activities due to a documented medical condition defined in WAC ((388-25-0517))110-90-0090, a youth must notify the ((social))caseworker of the medical condition and provide ((CA))to the department of children, youth, and families written documentation or consent ((to CA)) to obtain documentation from a licensed health care provider. The documentation of the medical condition must describe how the medical condition prevents the youth, either temporarily or permanently, from:
(a) Completing a high school diploma or high school equivalency certificate;
(b) Completing a post-secondary academic or vocational program;
(c) Participating in a program or activity designed to promote employment or remove barriers to employment; or
(d) Being employed for eighty hours or more per month.
(2) If ((the youth's))a medical condition prevents ((him or her))a youth from notifying the ((social))caseworker or obtaining or providing documentation of the medical condition, the youth must notify the ((social))caseworker as soon as ((he or she is))they are reasonably able.
(3) If the youth's medical condition temporarily prevents ((him or her))them from engaging in ((extended foster care))EFC activities, the youth will provide the ((social))caseworker with updated documentation from the licensed health care provider regarding the youth's ability to engage in ((extended foster care))EFC activities during the monthly health and safety visit.
(4) The youth may give ((CA))the department of children, youth, and families consent to contact the licensed health care provider directly to determine the impact of the youth's documented medical condition or ((his or her))their ability to engage in ((extended foster care))EFC activities.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-90-0120Where do youth obtain information about how to participate in the EFC program?
(1) The department of children, youth, and families must provide dependent youth between the age of seventeen and seventeen and a half:
(a) Written documentation explaining the availability of ((extended foster care))EFC services.
(b) Detailed instructions on how to access such services after ((he or she))they have reached age eighteen.
(2) Youth can contact:
(a) Youth's attorney/CASA/GAL.
(b) Youth's caseworker.
(c) Local ((children's administration))DCYF office.
(d) www.independence.wa.gov.
(e) 1-866-END-HARM.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-90-0150What are ((CA's))DCYF's responsibilities to a youth who is participating in ((extended foster care))EFC?
((Children's administration (CA)))DCYF is required to have placement and care authority over the youth and ((to)) provide foster care services, including transition planning and independent living services, medical assistance through medicaid, and case management. Case management includes findings or approving a foster care placement for the youth, convening family meetings, developing, revising, and monitoring implementation of any case plan or ((individual service and safety plan))court report, coordinating and monitoring services needed by the youth, caseworker visits, and court-related duties, including preparing court reports, attending judicial ((hearings)) and permanency hearings, and ensuring that the youth is progressing toward independence within state and federal mandates. ((CA))DCYF has responsibility to inform the court of the status of the child (including health, safety, welfare, education status, and continuing eligibility for extended foster care program). ((The department's))DCYF's placement and care authority over a youth receiving ((extended foster care))EFC services is solely for the purpose of providing services and does not create a legal responsibility for the actions of the youth receiving ((extended foster care))EFC services.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-90-0160How does ((CA))DCYF determine a youth's continuing eligibility for the ((extended foster care))EFC program?
To determine a youth's continuing eligibility for the ((extended foster care))EFC program, prior to every court review hearing ((CA))DCYF will determine if the youth continues to:
(1) Agree to participate in the ((extended foster care))EFC program;
(2) Meet the eligibility criteria in WAC ((388-25-0506))110-90-0040 (1)(a) through (f);
(3) Reside in an approved placement; and
(4) Comply with the youth's responsibilities in WAC ((388-25-0546))110-90-0190.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-90-0170What are the legal rights of a dependent youth in ((extended foster care))EFC to travel out-of-state, buy a car, or engage in other activities as an adult?
The youth is a "child" for the purposes of the dependency and must comply with responsibilities in WAC ((388-25-0546))110-90-0190, otherwise the youth has the legal status and legal rights of an adult. The youth is responsible for their actions, including responsibility for purchases, driving, traveling, or financial obligations related to the activities they participate in.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-90-0190What must the youth do to remain in the ((extended foster care))EFC program?
To remain in the ((extended foster care))EFC program, unless otherwise authorized by court order, the youth must:
(1) Agree to participate in the program as expressed in the written ((extended foster care))EFC agreement;
(2) Maintain the standard of eligibility as set by the youth's academic program, employment related program, employment status, or documented medical condition;
(3) Participate in the case plan, including monthly health and safety visits;
(4) Acknowledge that ((CA))DCYF has responsibility for the youth's care and placement by authorizing ((CA))DCYF to have access to records related to court-ordered medical, mental health, drug/alcohol treatment services, additional necessary services, educational records needed to determine continuing eligibility for the program, medical records related to a documented medical condition for purposes of qualifying for ((extended foster care))EFC under WAC ((388-25-0506))110-90-0040 (1)(f); and
(5) Remain in the approved foster care placement and follow placement rules as follows:
(a) Stay in the placement identified by ((CA))DCYF or approved by the court;
(b) Obtain approval from ((his or her social))their caseworker and notify ((his or her))their caregiver for extended absences from the placement of more than three days; and
(c) Comply with court orders and any specific rules developed in collaboration by the youth, caregiver and ((social))caseworker.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-90-0200When is a youth no longer eligible for the ((extended foster care))EFC program?
A youth is no longer eligible for the ((extended foster care))EFC program and ((the department))DCYF will ask the court to dismiss the nonminor dependency, when the youth:
(1) Graduates from high school or equivalency program and has not demonstrated intent to timely enroll in a post-secondary academic or vocational program;
(2) Graduates from a post-secondary education or vocational program;
(3) Reaches ((his or her))their twenty-first birthday;
(4) Is no longer participating or engaging in any of the eligibility criteria under WAC ((388-25-0506))110-90-0040 (1)(a) through (f);
(5) No longer agrees to participate in ((extended foster care))EFC services; or
(6) Fails or refuses to comply with youth responsibilities outlined in WAC ((388-25-0546; or
(7) Is incarcerated in an adult detention facility on a criminal conviction))110-90-0190.