CHILDREN, YOUTH, AND FAMILIES

[Filed March 17, 2026, 11:35 a.m.]

Preproposal statement of inquiry was filed as WSR 25-23-001.

Title of Rule and Other Identifying Information: Chapter 110-50 WAC, Child welfare.

The partnership, prevention, and services division is revising the receiving care and behavioral rehabilitation services (BRS) program sections in chapter 110-50 WAC to comply with the D.S. Settlement Agreement, provide additional clarity, and to align with current practice. The WAC will also be retitled, reorganized, and redundancy removed to provide additional clarity on the service requirements.

The following section in chapter 110-50 WAC, Child welfare, will be created: WAC 110-50-0205 Definitions for the BRS program.

The following sections in chapter 110-50 WAC, Child welfare, will be amended: WAC 110-50-0110 Requirements for using receiving care foster homes, 110-50-0120 Designation of receiving care foster homes, 110-50-0130 Number of licensed receiving care foster homes, 110-50-0140 Limitations on the length of stay in receiving care foster homes, 110-50-0210 Serving children or youth through the BRS program, 110-50-0220 Removing children or youth from BRS placements, and 110-50-0420 Definitions for foster care rate assessment (FCRA).

The following sections in chapter 110-50 WAC, Child welfare, will be repealed: WAC 110-50-0150 What are the rates for reimbursement to receiving home providers?, and 110-50-0160 How are rates authorized for reimbursement to receiving home providers?

Hearing Location(s): On April 21, 2026, telephonic. Comments can be made by calling 360-972-5385 and leaving a voicemail that includes the comment, emailing the rules coordinator, or submitting comments to the online comment application linked below. All comments must be received by the date and time listed below.

Date of Intended Adoption: April 22, 2026.

Submit Written Comments to: Department of children, youth, and families (DCYF) rules coordinator, email dcyf.rulescoordinator@dcyf.wa.gov, web https://www.dcyf.wa.gov/practice/policy-laws-rules/rul-making/participate/online [https://www.dcyf.wa.gov/practice/policy-laws-rules/rule-making/participate/online], beginning 8:00 a.m., by 11:59 p.m. on April 21, 2026.

Assistance for Persons with Disabilities: Contact DCYF rules coordinator, email dcyf.rulescoordinator@dcyf.wa.gov, relay users dial 711, by April 11, 2026.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making will allow DCYF to be compliant with the D.S. Settlement Agreement.

Reasons Supporting Proposal: See purpose.

Statutory Authority for Adoption: RCW 74.13.031.

Rule is necessary because of federal court decision, D.S. vs. Washington State Department of Children, Youth, and Families, No. 2:21-cv-00113-BJR (W.D. Wash. 2021).

Name of Proponent: DCYF, governmental.

Name of Agency Personnel Responsible for Drafting: Christine Domes, Olympia, 360-391-5692; 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. DCYF is not among the agencies listed as required to comply with RCW 34.05.328 (5)[(a)](i).

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 relate only to internal governmental operations that are not subject to violation by a nongovernment party.

Is exempt under RCW 19.85.025(4).

Scope of exemption for rule proposal:

RECEIVING CARE FOSTER HOMES

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-50-0110((What are the standards for use and reimbursement of receiving home care?))Requirements for using receiving care foster homes.

((The department or a child placing agency uses receiving homes to place a child in a licensed family foster home on a temporary, emergent, or interim basis to provide sufficient time for the development of a plan. This planning includes the involvement of the child, the child's parent(s), and the child's extended family whenever possible.

(1) A DCFS regional administrator must designate family foster homes which are to receive child placements twenty-four hours per day. These homes provide care for children on a temporary, emergent, or interim basis as regular or specialized receiving homes.

(2) If the regional administrator designates a receiving home to be available on a twenty-four-hour basis, the regional administrator must specify this designation in a written agreement with the foster parent. Regular foster homes may also agree to accept children on an emergent basis.))The department will place children or youth in licensed receiving care foster homes on a temporary or emergent basis to:

(1) Allow for stabilization; or

(2) Provide time to develop a placement plan.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-50-0120((What are the types of receiving homes and what children are served in them?))Designation of receiving care foster homes.

((There are two types of receiving homes: Regular and specialized. Each type of home provides the following services:

(1) Regular receiving homes for children age birth through age seventeen; and

(2) Specialized receiving homes for children who require more intensive supervision than normally provided to children in foster care. The child may require more intensive supervision due to behavioral problems, developmental disability, emotional disturbance, erratic and unpredictable behavior or medical condition (not on personal care or medically intensive DDD program).))(1) The department or department-contracted providers will designate licensed foster homes to provide temporary or emergent placements to children and youth in the placement and care authority of the department.

(2) Designated receiving care foster homes must meet the training requirements in their contract.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-50-0130((Who decides on the number of receiving homes needed in an area?))Number of licensed receiving care foster homes.

((Each DCFS regional administrator must decide on the number of receiving homes needed for the regional administrators' respective geographical areas.))The department will determine the number of receiving care foster homes based on regional need and availability.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-50-0140((How long may a child stay in a receiving home?))Limitations on the length of stay in receiving care foster homes.

(((1) The department limits a child's maximum length of stay in a receiving home:

(a) Maximum length of stay for regular receiving homes is thirty consecutive days per placement;

(b) Maximum length of stay for specialized receiving homes is fifteen-consecutive days per placement.

(2) The DCFS regional administrator or the administrator's designee may approve extensions of a child's stay in a licensed family foster home paid at a receiving care rate beyond the limits contained in subsection (1) of this section.))The department may authorize children or youth to be placed in receiving foster homes for:

(1) Up to 15 nights at initial placement; or

(2) More than 15 nights with an approved extension.

BEHAVIOR REHABILITATION SERVICES (BRS) PROGRAM

WAC 110-50-0205Definitions for the BRS program.

The following definitions apply to the BRS program:

"Behavior rehabilitation services (BRS)" means short-term intensive wraparound support and therapeutic programs offered in an array of settings for children and youth with high level service needs used to:

(1) Safely stabilize them;

(2) Coordinate multiple systems; and

(3) Safely move them to permanency or less intensive services.

"Department" means the Washington state department of children, youth, and families.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-50-0210((When may the department serve a child through a behavior rehabilitation services program?))Serving children or youth through the BRS program.

(((1))) The department may:

(1) Serve ((a child))children or youth through the ((behavior rehabilitation services (BRS)))BRS program ((only)) when ((the CA social worker has assessed)):

(a) They assess the ((child's))children's or youth's and family's needs ((and determined that rehabilitative));

(b) Determine that the services offered through BRS are necessary; and ((that this))

(2) ((The department may only))Provide financial support for ((a child's))children's or youth's BRS ((placement)) when ((the CA social worker has determined)):

(a) They determine this level of ((care is))services are necessary((, the placement is in a licensed or certified home or facility, the provider meets)); and

(b) Providers:

(i) Meet the department's qualifications((,)); and ((the department has))

(ii) Are contracted with the ((provider))department for ((that service))BRS.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-50-0220((What is the department's authority to remove a child from a behavior rehabilitation services placement?))Removing children or youth from BRS placements.

The department has ((the)) authority to remove ((the child after at least seventy-two hours notice to the child care provider. The department may waive notice in emergency situations or when a court has issued an order changing a child's placement.))children or youth from BRS placements:

(1) Five calendar days after providing the notice to the provider in nonemergent situations.

(2) Without notice:

(a) In emergent situations; or

(b) When courts issue orders changing children's or youth's placements.

CHILD PLACING AGENCY (CPA) REQUIREMENTS

AMENDATORY SECTION(Amending WSR 24-18-052, filed 8/28/24, effective 9/28/24)

WAC 110-50-0420Definitions for foster care rate assessment (FCRA).

The following definitions apply to foster care rate assessments (FCRA):

"Behavior rehabilitation services (BRS)"((or "BRS")) means ((a temporary wrap around))short-term intensive wraparound support and ((treatment program))therapeutic programs offered in an array of settings for children and youth with ((extreme,)) high level service needs((,)) used to:

(a) Safely stabilize them;

(b) Coordinate multiple systems; and ((assist them in achieving a permanent plan))

"Child placing ((agency))agencies (CPAs)" means ((an agency or tribe))agencies or tribes licensed to place children for foster care or adoption and may be contracted by the department to provide professional therapeutic foster care (PTFC) services.

"Department"((or "DCYF")) means the Washington state department of children, youth, and families.

"Foster care" means the placement of children or youth by ((DCYF))the department or licensed child placing agencies in homes or facilities licensed or certified ((pursuant to))as outlined in chapter 74.15 RCW or in homes or facilities that are not required to be licensed ((pursuant to))as outlined in chapter 74.15 RCW.

"Foster homes" or "foster ((family home))parents" means individuals licensed through chapter 110-148 WAC to regularly provide a 24-hour care in their home to children or youth.

"Licensed health care provider" means ((a)) medical doctors(((MD))), doctors of osteopathy (((DO))), doctors of naturopathy (((ND))), physician's assistants(((PA))), or ((an)) advanced registered nurse practitioners(((ARNP))).

"Licensing division (LD)"((or "LD")) means the division ((of))in the department ((of children, youth, and families that licenses and monitors foster homes, child placing agencies, and licensed group care facilities under the authority of chapter 74.15 RCW))that supports child safety and well-being through licensing, monitoring, compliance, investigations, and technical assistance to individuals and agencies that provide direct care for children and youth outside the care of their parents or guardians.

"Relatives" means the same as defined in RCW 13.36.020(5), described in RCW 74.15.020(2) and 11.130.010(32), or caregivers of Indian children or youth who are defined by tribal code or custom as relatives or extended family.

"Suitable persons" means nonrelatives with whom the child or youth, or the child's or youth's family, has a preexisting relationship; who has completed all required criminal history background checks and otherwise appears to be suitable and competent to provide care for the child or youth, and with whom they have been placed ((pursuant to)), per RCW 13.34.130.

The following section of the Washington Administrative Code is repealed:

What are the rates for reimbursement to receiving home providers?